Ordinance 93-77 ORDINANCE NO. 93-,77, ,,
AN ORDINANCE AMENDING ORDINANCE NO. 90-17, TH~
COLLIER COUNTY NOISE ORDINANCE, PROVIDING FOR"
AMENDMENT OF SECTION ONE, SECTION FIVE, SECTION~
SIX, SECTION SEVEN, SECTION EIGHT, SECTION NINE, ~
SECTION TEN, AND SECTION ELEVEN OF ORDINANCE NO.
90-17, AND ADDING A NEW SECTION SEVEN PROVIDING
FOR REGULATION OF AMPLIFIED SOUND WITHIN 1000
FEET OF RESIDENTIAL USE OCCUPANCY ...OR ZONE~
PROPERTY, PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
~: WHEREAS, the making and creation of excessive, unnecessary,
i~j.i:~~' unnatural or unusually loud noises within the limits of Collier
~'~.' County is a condition which has existed for some time and the
'":" amount and intensity of such noises is increasing; and
'~"- WHEREAS, the making, creation or maintenance of such
excessive, unnecessary, unnatural or unusually loud noises which
are prolonged, unusual and unnatural in their time, place or use,
~'~ are a detriment to the public health, comfort, convenience,
" safety, welfare and prosperity of the residents of Collier
%.7%.,' County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNT~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
· !~i(; SECTION ONE: Section One of Collier County Ordinance No.
,'?:':' 90-X7 is hereb~ ~ended to read as follows:
SECTION ONE: FINDINGS AND PURPOSE.
"; The Board of County Commissioners of Collier County, Florida,
.:!. finds and determines that noise level emissions in excess of the
requirements established in this Ordinance are potentially
~i~ harmful and injurious to the public health, safety and welfare,
>'. and unreasonably interfere with the enjoyment of life and
~';:.., property in Collier County, Florida.
:':?',"' It is therefore the purpose of this Ordinance to eliminate,
:? regulate or restrict sources and occurrences of amplified sound
or noise at decibel levels or freauencies and intensities which
are contrary to the public welfare, constitute a nuisance to the
public at large and degrade the quality of life. It is
determined bv the Board that ewcessive noise created by the
,ooK 063 371
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Words underlined are added; words et~ are deleted.
~.'~ amglification of sound emanatin~ from non-enclosed areas such as
x. chickee huts. screened porches and the like when located in
commercial or tourist use occupancies or zones within 1000 feet
of a residential use occupancy or zone is disruptive to the use
· and en~ovment of such residential property. It ia
'' declared that the provisions and prohibi%ions hereinafter
· ~ · contained and enacted are for the purpose of securing and
' promoting public health, comfort, convenience, safety and
welfare, and the peace and quiet of Collier County and the
/'.... inhabitants therein.
SECTION TWO: Beotion Five of Collier County Ordinance No.
g0-x? il hereby amended to read es follows:
SECTION FIVE: DEFINITIONS.
. The words and phrases used in this ordinance are defined as
!,,.' follows:
:...,' A. Agricultural Zone - ~ agricultural zone is any
.,m~.~'~ geographic area designated for agricultural activities
~,,,~, by the zoning authority having Jurisdiction over such
:" area.
"..' B. Ambient Noise - The all encompassing noise associated
· with a given environment, being usually a composite of
;'~. sound from many so6rces near and far.
- C. Amplified Sound - Use of a Public address
.. loudspeaker, amplifier or any other device which
..' electronically au=ments the volume of sound.
D.~ A-Weighted Level (dBA) - the A-weighted level is the
sound pressure level in decibels as measured on a sound
~' level meter using the A-weighted network. The level so
read is designated dBA.
,...?,s E.B~- Collier County - Ail territory within the legal
,~. boundaries of the unincorporated area of Collier County,
',;':,(, Florida.
.F.~ Collier County Code Enforcement ~ Department - The
designated 'authority charged with administration of this
Ordinance and enforcement in. addition to enforcement by
Collier County Sherif~_Offic.~
SO K
~ ~ Words M/i~ are added; words et-~ke~ are deleted.
Commercial Zone - A commercial zone is any geographic
area designated for commercial or professional
activities by the zoning authority having Jurisdiction
over Buch area.
Community Event - Any cultural, sDortina, historical or
traditional observance,...holidays and ceremonies, parades
and concerts open to the Dublic. includina events
operated for profit or for which admission is charaed.
I.G~Construction - Any sit e preparation, assembly, erection,
substantial repair, alteration, or similar action, but
~xcluding demolition, for or on any public or private
right-of-way, structures, utilities or similar property.
J.Hv Continuous Noise - A noise which remains essentially
constant in level during the period of observation.
I(.~ County Manager - The County Manager referenced in this
Ordinance is the County Manager of Collier County.
L.~ Decibel - (dB) - a Unit for describing the amplitude of
sound, equal to twenty (20) times the logarithm to th9
base ten (10) of the ratio of the pressure of the sound
measured to the reference pressure, which is twenty (20)
micronewtons per square meter.
M.K~ Emergency - An occurrence or set of circumstances
involving actual or imminent physical trauma or property
damage which demands immediate action.
N.~=r Emergency Work - Any work performed for the purpose of
preventing or alleviating the physical trauma or
property damage threatened or caused by an emergency.
O.M~ Impulsive Sound - A sound of short duration, usually
less than one second, with an abrupt onset and rapid
decay. Examples of sources of impulsive sound include
explosions, drop forge impacts, and the discharge of
firearms.
063' 3'73·
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'.. P.N~ Industrial Zone - An industrial zone is any geographic
-i~ area designated for industrial or manufacturing
activities by the zoning authority having Jurisdiction
~ over such area.
~,.. O.~ Intermittent Noise - A noise whose sound pressure level
exceeds the ambient noise level at either regular or
irregular intervals.
R.~ Noise - Any sound which annoys or disturbs humans or
causes or tends to cause an adverse psychological effect
on humans.
", S.~ Noise Disturbance - One or a group of loud, harsh,
~'~ nonharmonious sounds or vibrations that are unpleasant
and irritating to the ear which is or may be harmful or
injurious to the health or welfare of a reasonable
ii person with normal sensitivities or unreasonably
interferes with the enjoyment of life, property or
outdoor recreation.
T.~v Noise Level - As referenced in this Ordinance, th.~
noise level is the sound pressure level as measured in
'~- dBA unless otherwise specified. A measurement of noise
must be at least 5dB above the ambient noise level.
Non-enclosed area~s) - Any area or str~cture that is no~
totally enclosed with a continuous roof. floor and wall~
constructed using rigid structural buildina materials.
V.~Person - Any individual natural person, public or
private corporation, firm, association, Joint venture,
partnership, or any other entity whatsoever or any
combination of such, Jointly and severally. Person
shall include any owner, agent, or ~mplovee of a
business establishment or other entity.
W. ProPertY Boundary - The legal boundary of real property.
In the case of multiDle family structures, the oroDertv
boundary for DurDoses of this Ordinance shall be the
balcony. Porch or interior of the complainant's unit.
063 '
Words ~ are added; words et-~ke~ are deleted.
X.~ Pure Tone - Any sound which can be distinctly heard as a
single pitch or a ~et of single pitches. For the
purposes of measurement, a pure tone shall exist if the
one-third octave band sound pressure level in the band
/"~ with the tone exceeds arithmetic value of the sound
pressure levels of the two contiguous one-third octave
bands b~ 5dB for center frequencies of 500 Hz and above
and by 8dB for center frequencies between 160 and 400 Hz
and by 15dB for center frequencies less than or equal to
~ 125 Hz.
Y.%~ Real Property Line - an imaginary line along the ground
"~ surface, and its vertical plane extension, which
separates the real property owned, rented or leased by
one person from that owned, rented or leased by another
person, excluding intrabuilding real property'divisions.
Z.~A~ Residential Zone - A residential zone is any geographic
area designated for single or multi-family dwelling by
the zoning authority having Jurisdiction over such area.
~ AA.W~ IAMS Sound Pressure - The square root of the time
: ~ averaged square of the sound pressure, denoted Prms.
BB.~ Sheriff's Office - The sheriff's office referenced in
this Ordinance is the Collier County Sheriff's Office.
/: CC. Sound - An oscillation in pressure, stress, particle
'~ ~-displacement. Particle velocity or other Physical
'' parameter, in a medium ~-Ch internal forces. The
description of sound may include any characteristic of
such sound including duration, intensity and freauency,
D~_~ Sound Level Meter - An instrument to measure the sound
pressure level of relatively continuous an~ broadband
~ ..,. noises. The sound level meter used to determine
compliance with th~s Ordinance shall meet or exceed the
requirements for type 2 sound level meter ~n acco~dance~
; ' with..ANSI Standard S1.4. :
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Words underlined are added; words et~ are deleted.
EE.~ Sound Pressure Level ~ As referenced in this Ordinance,
sound pressure level ~eans 20 times the logarithm to the
base 10 of the ratio of the RMS sound pressure to the
reference pressure of 20 micropascals (20 x 10-6 N/mt).
The sound pressure level is denoted Lp or SPL and is
expressed in decibels.
SECTION THREE= Section Six of Collier County Ordinance No.
90-X? Is hereby amended to read es followst
SECTION SIX= MAXIMUM PERMISSIBLE SOUND LEVELS.
A. Cla~sification of Use Occupancy. For the purposes of
defining "use occupancy" in this Ordinance, the following
classifications shall apply.
1. All premises containing habitually occupied
sleeping quarters shall be considered residential
use.
2. All premises containing transient commercial
sleeping quarters shall be considered tourist use.
3. Ail premises containing business where sales,
professional, or other commercial use is legally
permitted, shall be considered commercial use.
4. All. premises where manufacturing is legally
'-- permitted shall be considered manufacturing use.
5. Nursing homes, hospitals, schools, libraries, and
church uses shall be considered residential uses.
'~ 6. In cases of multiple use, the more restrictive use
category shall prevail.
7. Any area not otherwise classified shall conform to
commercial standards.
B. Maximum Permissi~le Sound Levels By Use~Occupancy. No
person shall operate or cause to be operated any source of sound
from any use occupancy in such a manner as to create a sound
level which exceeds the limits set forth for the use occupancy
category in Table I, for a t~al of more than t~¢~' p~rcent
(10%) of any ~easurement period, which measurement Der~;d shall
not be less than ~-- ""~ ~ sixty ¢60) seconds when
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~Words ~ are added; words ~ i ] .... are
~"".,. ,. '. measured at or beyond the property boundary of the land use from
~!i!. which the sound emanates. If a complaint arises from a
'(~ ' multi-story structure, the sound level meter measurement may be
taken at the location from which the complaint originated.
TABLE I
Use Occupancy Sound Level
.~j?" Category Time Limit (dBA)
Residential 7 a.m. to 10 p.m. 60
After 10 p.m. to 6=59 a.m. 55
Commercial or 7 a.m. to 10 p.m. 65
Tourist - After 10 p.m. to 6:59 a.m. 55
2~0~residential
~ use oCCUDancv or zone
"% Commercial or 7 a.m. to 10 p.m. 65
~'. Tourist After 10 p.m. to 6559 a.m. 60
,.~.,~. Manufacturing or At all times 75
· ~'-'. adjoining within
I.:~?. .~ commercial
or tourist use occupancy
'~ or zone
~. Manufacturing or 7 a.m. to 10 p.m. 65
!¥' Industrial - Monday through Saturday
~ ~ After 10 p.m. to 6:59 a.m. 60
, ,~ residential use and all of Sundays
i!.~'.~. ~ccuoancv or zone
':~'~, Agricultural At all times 75
C. Correction for Character of Sound.
1. For any source of sound which emits a pure tone,
the maximum sound level limits set forth in Table I
(i! shall be reduced by 5 dBA. ,.
'~'~' 2. For any source of impulsive sound which is of short '
"' duration with an abrupt onset, the maximum sound
- level limits set forth in Table I shall be
i.-. increased by 10 dBA from 7 a.m. to 10 p.m.
!i~[.I' D. Multi-famil~ Dwellings~ -- In the case of multi-family
~ ' dwelling units, it shall be unlawful to create or permit to be
created any noise that exceeds 50 dBA, during the hours between 7
a.mrSto 10 p.m., or 45 dBA during the hours between 10 p.m. and 7
a.m. daily, measured from inside a neighbor's dwelling within
~)' said multi-family dwelling-unit. .
063. t377
· ~ ~'°Nords ~ are added; words ~ are deleted.'
B. construation Noise~ -- No person shall operate or permit
to be operated any power driven construction equipment vithout a
muffler or other noise reduction devise at least as effective as
that recommended by the manufacturer or provided as original
equipment. Construction equipment that must be operated near a
residentially zoned area on a 24-hour per day basis (i.e. pumps,
well tips, generators, etc.) shall be shielded by a barrier to
reduce the noise during the hours of 6:00 p.m. to 7=00 a.m.
unless the unshielded noise level is less than 55 dBA, measured
at the closest adjacent residentially zoned property line.
F. ~nnual Permit for NgB-~Dlified ~usio From Non-enclose4
~reas Within 1000 Feet of a Resi4sntial Use Oocuoan~¥ ~r ~ons,
AnY person, business ~ablishment or other entity
causina or a11owina to be caused qgn-amDlified ~usic
from a non-enclosed area within a commercial or tourist
~se occupancy or zo~ ..~nd within 1000 feet of a
residential use occuDanc~ or zone shall obtain from the
~ountv an annual permit in accordance with the
conditions provided in naraaraDh 3 below.
2. Non-amplified music emanatina a from non-enclosed area
for which a permit is required shall not excegd 6~ dBA
between the hours of 9:00 A.M. and 10:00 P.M. and shall
not exceed 55 dBA between the hours of 10:01 P.M. and
8:59 A.M. measured at or inside the property boundary of
the complainant.
3. Annual Permit ~Dnlication and Issuance. An annual D91'mft
~ha11 be obtained from the Communit~ D~V~loDment
Services Administrator or his desianee by all persons.
business establishments or other entities DriOr ~O
~usina or allowina to be caused non-amplified m~s~c to
emanate from a non-enclosed area located within a
commercial or tourist use occuDancv or zone which i~
within 1000'feet of a residential use occuoancv or zone~ ~
Words~ are added; words e~ieke~ ara deleted.
shall be reauired. A permit obtained in 1993 shall
be valid for the 1993 calendar year and for the
1994 calendar year where specified on the permit
and permit application.
b. Commencin* with the 1994 calendar year. an annual
permit shall be valid only for the calendar year in
which it was obtained.
Prior to annual permit issuance, an application shall be
filed containina all of tho following information:
name an~ ~ddress ~f anDlicant:
name and address of business on establishment where
music will be produce¢~l
9_~ description of event for which music will be
produced fe.~. dinner hour. haPPY hour. daytime or
evening or weekend entertainment).
4. hours durin~ any twenty-four hour period during
WhiGh music will be produced. ...
e. calendar year for which annual permit is requested.
fincludin~ both the 1993 calendar year and the 1994
calendar year where the applicant is required to
obtain a Dermit for 1993 and 1994),
Fee for ~nnual Permit. A forty dollar ¢$40.00) fee shall
be paid by the applicant at the time of application for
an annual Dermit for costs associated with
administration and enforcement.
Violation of Annual Permit for Non-amDlified Music.
6D¥ person, business establishment or other entity who
g~USes or allows to be caused non-amPlified music to
emanate from a non-enclosed area located within a
commercial or tourist use occupancy or zone which is
within 1000 feet of a residential use occuPancY or zone
durin~ the.hours of 9:00 A.M. to 10:00 P.M. in excess of
60 dBA shall be in violation of the annual 99Fmit and of
063. 379'
Words undgrlined are added; words e~Ae~ ara deleted.
this Ordinance. Any person who causes or allows to be
caused non-amplified music to emanate from a
non-enclosed area within a commercial or tourist use
occupancy or zone within 1000 feet of a residential use
occupancy or zone durina the hours of 10:01 P.M. and
8:59 A.M. in excess of 55 dBA shall be in violation of
the annual permit and of this Ordinance. Each incidence
of, nois9 level or time-of-day restriction violations
shall constitute a separate offense.
7. Enforoement of Annual Permit. Violations of the annual
'~ermit shall be enforced in accordance with the
provisions of Section Twel¥9,
SECTION FOURI A new 8motion Seven of Collier County
Ordinance No. 90-X7 is hereby created to read
as followsl
SECTION SEVEN: REGULATION OF AMPLIFIED SOUND WITHIN 1000 FEET
OF A RESIDENTIAL.VSE
A. Re~ulation of Am91ified Sound From Enolose~ ~reas.
Amplified sound emanatin~ from an enclosed area within a
commercial or tourist use oCCUDancv or zone which is within 100'6
feet of a residential use occupancy or zone is permitted only
during the hours of 9:00 A.M. to 2:00 A.M.
B. Where amplified sound emanates from an enclosed area
durin~ the hours of 9:00 A.M. to 2:00 A.M.. in accordance with
paragraph A above, such amplification shall not be conducted in a
manner or with such volume as to annoy or disturb the oulet.
comfort and repose of a reasonable person occupying._ any
residential use.
C. Permit Re~uirement for ~mplified Sound From Non-en~lose~
Areas. AnY person, business establishment or other entity causin~
or allowin, to be caused amplified sound from a non-enclose~ area
within a commercial or tourist use occupancy or zone and within
1000 feet of a residential use occupancy or zone shall obtain
from' the County an annual permit in accordance with the
conditions provided'in paragraph E of this section.
063 3'80
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~ords~are added; words e~qeke~are deleted.
,. D. ~ximum Decibel ~evel for ~mDlified Sound. Where an
~' annual permit ia reau[red in accordance with DaraaraDh C above.
amplified sound emanatin~ from a non-enclosed area shall not
'~ exceed 60 dBA between the hours of 9:00 A.M. and 10:00 P.M. and
~': shall not exceed 55 dBA between the hours of 10:01 P.M. and 8:59
~i~ .... A.M. as measured at or inside the property boundarv of a
:. ~QmDlainant.
\
~'; ~u. ~nnual Permit for ~mDlif~ed Music from Non-enolose~
1. ~nnual Permit ~DDlication a~d Issuance. An annual permit
-' '~hall be obtained from the Community Development
'., Services Administrator or his desia~ee by all Dersons~
business establishments or other entities prior to
; causin~ or allowi~ to be c~used amplified sound to
.:( emanate from a non-enclosed area located within a
commercial or tourist use occupancy or zone which is
Within 1000 feet of a residential use occupancy or zone.
a. Commencin~ on November 30. 1993. an annual permit
" shall be re=uired. A permit obtained in 1993 shall
:i,. b~ valid for the 1993 calendar year and for the
~ 1994 calendar year where specified on the permit
and the per. it application.
b. Commencin~ with the 1994 calendar year. an annu~l
;~ permit shall be valid only for the calendar veer in
~bich it was obtained,
Prior to annual permit issuance, an application shall be
filed containin~ all of the followin~ information:
a. name and address of applicant:
., b. name and address of business or establishment where
~0~nd will be amplified.'
c. identification of the tvDe Of SOUnd to be amDlifi~d
and the method of am~lification, includin~ number
~. of loudspeakers and other amDlifvin~ devices:
063. 3'81'
i,~.~.; · :-
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~ ~' Words ~ are added; words e~e%eke~ are deleted.
, ,. d. description of event for which sound will be
amplified Ce.a. dinner hour. haD~v hour. daytime or
"' ~venina or weekend entertainment~'
e. hours durina any twenty-four hour period durina
which sound will be amplified.
f. ¢~lend~r year for which annual permit is reauested.
,.,' fincludina both the 1993 calendar year and the 1994
calendar year where the applicant is reo~red to
~, obtain a permit for 1993 a~d 1994),
Fee for ~nnual Permit. A forty dollar ¢$40.00~ fee shall
be Paid By the applicant at the time of application for
an annual permit for costs a~soGiated with
administration and enforcement.
P. Violation of ]tnnual Permit for 3~molified So~. Any
person, business establishment or other entity who causes or
allows to be caused amnlified music to emanate from a
:- non-enclosed area located within a commercial or tourist use
occupancy or zone which is within 1000 feet of a residential use
occunancv or zone durina the hours of 9:00 A.M. to 10:00 P.M. in
excess of 60 dBA shall be in violation of the annual permit and
: ' of this Ordinance. Any person who causes or allows to be caused
· amplified music to emanate from a non-enclosed area within a
commercial or tourist use occuDancv or zone within 1000 f~t o~ a
~' residential use occupancy or zone durina the hours of 10:01 P.M.
and 8:59 A.M. in excess of ~5 dBA shall be in violation of the
annual permit and of this ordinance. Each incidence of noise
level or time-of-day restriction violations shall constitu~ a
separate offense.
';' 9_~ Enforcement of ~nnual Permit. Violations Of the annual
permit shall be enforced in accordance with the provisions of
Section Twelve.
Words underlined ara added; words e%~4~e~ are deleted.
SECTION FIVE~ Section Seven of Collier County Ordinance
No. 90-17 iS hereby renumbered to Section
· ~ Eight and amended to read as follows:
· . SECTION C~J~N EIGHT: EXCEPTIONS.
~. The following uses and activities shall be permitted:
A. Construction operations for which building permits have
~" bean issued, or construction operations not requiring permits due
~.ii/' to ownership of %he project by an agency of government; providing
all equipment is operated in accord with the manufacturers'
specifications and with all standard, equipment, manufacturers'
mufflers and noise reducing equipment in use and in proper
operating condition, and is operated in compliance with Section
Six: E. of this Ordinance.
B. Noises of safety signals, warning devices, emergency
pressure relief valvss and bells and chimes of churches.
C. Noises resulting from any authorized emergency vehicle
when responding to an emergency call or acting in time of
emergency.
D. Noises resulting from emergency work as defined in
Section Five.
E. Noises resulting from equipment or operations incidental
to the'emergency repair or restoration of services such as public
utilities or other emergency activities in the public interest.
F. Any other noise resulting from activities of a temporary
duration permitted by law and for which a license, permit or
waiver therefor has bean granted by t~County in accordance with
Sections ~i~h~ ~ Seven. Nine and Ten.
G. Noises made by parsons having obtained a permit to use
the streets.
· "~op '
H. All noises coming from the normal ~rations of
· .air-craft (not including scale model aircraft), and from the
normal operations of airports within Collier County.
I. Those motor vehicles controlled by Flor~d.%..~tatute~
.....
ssctisn 316.2.93 (1981), as may be amended, but no= ~hose motor
vehicles exempted from coverage. ~
.OK 063 , 383
Words underlined are added; words ~t~are deleted.
J. Motor vehicles defined in Florida Statutes, Section
~.~(1)(a) and (b).
K. Ordinary noise created by the operation of railways.
~ Operation of e~ipment or conduct of activities no,al
to residential or agricultural co~unities such as la~ care,
soil cultivation, domestic power tools, lawn mowers, maintenance
of trees, hedges, gardens, refuse collection, agricultural
e~ipment, saws and tractors, street sweepers, mos~ito fogging,
tree tricing and limb chipping and other no.al co.unity
operations, between the hours of 7 a.m. to 10 p.m.
~ In those instances where an industry or co~ercial
business had in prior years established its place of business
an area removed from a residential zone and subse~ently through
the encroac~ent of residential development or rezoning, became
i~ediately adjacent to a residential zone, the sound level
limits for an industrial or co~ercial use, as applicable, shall
apply and the business shall not be re~ired to meet those sound
level limits for residential zones e~Dt'the limitation ~Dosed
~on amplified sound in Section Seven shall be complied with.
SECTION SIX~ Section Eight of Collier County Ordinance No.
~mn4e~ to rea~ as follows~
SE~ION ~ NINE: COMITY ~ENT SPECIAL PE~ITS.
.... Applications for a Community Event P~e~lt for relief
the maximum allowable nois~ level limits designated in Sectioh
Six or Section Seven of this Ordinance may be made.~n writing
the C6unty Manager or his designee. A Community EV~Du Permit may
not be obtained by the holder of an Annual pe~lt for ~h"9 event
,o K 063 , 384
Words ~ are added; words ~ are deleted.
~ermitted uursuant to the Annual PermitL Any ggmmunitv Event
~ermit granted by the County ~anager hereunder must be made in
writing and shall contain all conditions upon which said
Community Event P~ermit shall be effective. The County Manager,
or his designee, may ~ t-he ~ ~e e~ ~e~ ]~ .,
~'' Community Event Permit under the following conditions:
~i i'. 1. The C6unty Manager may prescribe any reasonable
.. conditions or requirements as he deems necessary to
minimize adverse effects upon the community or the
i:,' surrounding neighborhood, including uss of mufflers,
i:' screens or other sound attenuating devices.
~:"~ '< 2. ~ommunitv Event Permits issued hereunder may be granted
for any planned community event as defined 4ee~ ~
,.¥ ~==ti:n" ' herein.
3. Community Event Permits ]~ hereunder for
~ entertainment events may be granted under the following
C.~.~ conditions: .
a. The function must be open to the public (admission
:... may be charged);
~ ev The' permit will be given only for four (4) hours in
one twenty-four hour dayl
",". ~ The function must be staged between the hours of
.. ~- 9:00 a.m. and 12:00 midnight.
i.~ "4. g~==la~ ~ f== =~==la~r~=---== Community Event
.~. Permits for other than entertainment events may be
!,~.~'?. issued under the following conditions.
a. If the community event =-==.a~ -ur-o=: relates to
~'~ the operation of a trade or business "but is not
.~. conducted in the ordinary course of that trade or
~" business;
~'.,:.. b. If the applicant is an individual,..,, '~'thg'~c°mnunitv~"~ '
:'"~" " ~.D-Y-~ e~ee~ ~,~--- ....... does not relate : to the
~.. operation of a trade o~ business and the c~"~munitv
063' , 385
~ - 15 -
'ii'.~ ' Words RI~ are ad'ed; words ~ are deleted.
~vent ~==la~ ~ is not an ordinary event in
the affairs of t~e applicant~
c. If the community event epee~ ~ is a
recurring p,~eee event but does not recur more
often than four'(4) 'times each calendar year~ end
~%~ d. If the community event e~ ~ does not
~ re'ate to the operation of a trade or business and
', the ~==la~ ~'ar~==~ event is compatible with the
/..~ .,. ordinary activities of the neighborhood in which
%?.. the community event ~==lal ~ur~=== is to occur.
?.. 5. Except in emergency situations, as determined by the
~'' ;'~' County Manager, or as restricted in Section ~ Nine
~ (3), a c~==lal Community Event P~ermit may be issued for
only four (4) hours between 7:00 a.m. and 11:00 p.m. on
weekdays for events other than entertainment~ and
6. A ,~_,...~-~ Community_ Event Permit may be issued for no
longer than ~-~~.~,'~'~ seven fT) consecutive daysT
i~'!. 7. NO Community Event P~ermit may be issued to allow
::.~ the use of any loudspeaker or sound amplifying device on
the exterior of any building which at any time exceeds
the applicable sound level limits in Table I hereof
,.,c: except those use~ for emergency warnings an4 exce9~
,- otherwise provided by Section Seven here~n.
SECTION SEVEN~ Section Nine of Co~l'~er'County Ordinance No.
90-17 is hereby ren~ere~ to Section Ten and
amende~ to rea~ as follows~
~.; . SECTION NINE TEN: WAIVERS.
'~.'.. Applications for a waiver for relief from the maximum
i~'~'''~ allowable noise level limits or time-of-day r~stric~o~s
~ desig~ated in this Ordinance shall be made in writing~
"' Commissioners, when the activity creating such noi'~:9,~.__l=.=ated
,~,:' within' the unincorporated area of Collier County.. AnY waiver
....~.. granted by the Board of County Comm~sioners must be in'"I~riting
Words ~ are added$ words et~ are deleted.
and shall contain all conditions upon which said
shall bs effective. The Board~of County Commissioners may grant
the waiver ee ~ for upon consideration of the reauest at a
reaularlv scheduled public hearina and under the following
conditions= '.
~. 1. The aDolicant has not received a warnina o~ citation
from th~ Code Enforcement Department which is currentl~
i~, pendina for violation o~ annual De,it.
hA. The Board of County Commissioners in granting a waiver,
may prescribe any reasonable conditions or requirements
~' it deems necessary to minimize adverse effects upon the
~'~"~ community or the surrounding neighborhood.
~. Waivers from maximum allowable noise level limits or
:, ~ime-of-dav restrictions may be granted for noises
'~- created within an industrial or commercial zone by
f. operations which were in existence on the effective date
~ of this Ordinance.
~ .. aA. Waivers may' be issued for no longer than 30 days,
:'~" renewable by further application to the Board of County
'~i<~ Commissioners.
SECTION EIGHT'~ Section Ten of Collier Count~ Ordinaries No.
.. '~' g0-x7 il hereby renumbered to Section Eleven
:':.: and amended to reed as follows~
· i: SECTION ~ ~J~: RIGHT TO APPEAL.
An~ person aggrieved by the denial of his application for a
permit by the County Manager, or hi~-~esignee, may appeal such .
denial to the Board of County Commissioners of Collier County,
Florida. Such appeals shall be taken within thirty (30) days
from the date of denial.,by filing with the County., Manager a
written notice specifying the grounds thereof. Due p~blic notice
'~' -of th~ hearing on the appeal shall be given.
i SECTION NINE~ Bsction ~sven of Collier Count~ Ordinance No.
90-17 is hereb~ rsnu~ered to Section Twelve
and amended to rea~ as follows~...,.~
SECTION ....... ~: VIOLATIONS~ PENALTIES/_~F~~?
'" A. Any person violating any of '~he provisions of this
Words IH~are addedl words et~-~are deleted.
.... Ordinance shall, upon conviction thereof, be subject to a fine
4' not exceeding five hundred dollars ($500.00) or imprisonment not
~i~ exceeding sixty (60) days, or both. Each day such violation is
~iii committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder. Any person
who continues to violate the provisions of this Ordinance after
~:; having been p~eviously cited, may be subject to further
citations, including the day upon which the original citation was
issued.
~{' B. Upon conviction of violation of this Ordinance three
(3) times for the same offense within a twelve-month period,
when such sound is created by the same sound emitter, the noise
! creating equipment may be confiscated by the court following the
most recent conviction until such time as the offender can
~. satisfy the court that he is prepared to and, in fact, will
" operate said.equipment within the limits of this Ordinance.
!~; Further violation thereafter shall result in the permanent
· confiscation by the court upon such conviction.
~" ' C. The owner of property, a tenant, a lessee, a manager,
W- employee, an overseer, an at~ent, corporation or any other person
,~. .or persons entitled to lawfully possess or who claims lawful
· possession of such property involved at a particular time shall
~!~... each be responsible for compliance with this Ordinance and each
i~.' may be ~punished for violation of this Ordinance. It shall not be
a laWful defense to assert that some other person caused such
'sound but each lawful possessor or claimant of the premises shall
:~_ . be responsible for operating or maintaining such premises in
compliance with this Ordinance and shall be punishable whether or
a not the person actually causing such sound is als pu~ished.
;'!:' -~. D. The Collier County Sheriff or his designee or any other
authorized enforcement a~encv is empowered to investiqats any
situation where a person, business or other
alle~ed to be,.in violation of this Ordinance. If the Sheriff or
his designee or other au%hprized enforcement a~ent encounters a
-18-
Words underlined are added; words et~ are deleted.
'. circumstance which reasonably indicates that a person, business
'- Or other establishment is in violation of this Ordinance. or
where the Sheriff or his deaianee or other authorized enforcement
aoent responds to comolaints reaardino amplified sound or
.~.,, non-ammlified music from a non-enclosed area for which an
permit has been issued he may administer a sound level pressure
test with a sound level meter and ascertain whether a violation
of this Ordinance has occurred. If the result of the sound level
pressure teat indicates a violation of this Ordinance.
Sheriff or his designee or other authorized enforcement a~ent
,-:' authoriz6~ to demand that the violative sound cease, to i~s~
notice to appear, or to arrest, the person producing, causing
be produced, or allowin~ to be produced the amplified noise.
· E. Enforcement of ~nnual Permit. In addition t~
fore~oin~ provisions, the followin~ enforcement procedures shall
aDDlv where an annual permit is required pursuant to Section Six
or Section Seven of this Ordinancg,
1. UDon the first violation of the annual permit the
~ Collier County Code Enforcement DePartment
Sheriff's Department may issue a verbal or written
%: warnina, if one has not been previously issued by
another authorized enforcement aaencv, and UPOn the
second violation or any subseauent violations
i:~. within a twenty-four hour period a written citation
~:':i may be issued. Any violations for which a written
citation has been issued may be referred ~9 the
Collier County Code Enforcement Board or to a court
of competent 4urisdictio~.
2. If cited to the Code Enforcement Board. the Code
? Enforcement Board shall conduct a hearina and
~ provide for and enforce such penalties as provided
by law.
3. In addition to the authoritv of the Cod~
Enforcement Board to impose fines and othe~
[.~!" % ~' ~ords underlined are added; words ~ are deleted.
,. penalties, the ~erson. business establishment or
" other entity cauSino or allowin~ to be caused the
,"i. violative sound may be sub4ect to civil and or
· . criminal penalties as provided by this Ordinance
~,. ~pon conviction by a court of competent
i~.{! Jurisdiction.
i' 4. UD6n the second enforcement action referred to the
~.. Code Enforcement Board or to a court of competent
Jurisdiction within any twelve month period, the
: . annual permit shall be revoked by the Community
Development Services Administrator for one year
'~ £rom the date of final action by the Code
Enforcement Board or bv a court of competent
Jurisdiction findin~ the person, business
establishment or other entity in violation of this
Ordinance. Durino said period of revocation, the
~,i' person, business establishment or other entit~
havin~.'held the revoked permit shall be inelioible
to aDDIv for an annual permit issued pursuant to
~ii ~ection Six or Section Seven of this Ordinance.
5. Any person a~orieved by the revocation of the
annual permit bv the Community Development
Administrator may appeal such revocation to the
?" Board of County Commissioners of Collier County.
~10rida. Such aDDeal~--~shall be filed with the
': County Manager's office within thirty ¢30% days of
said permit revocation. The Board of County
Commissioners shall hear the appeal after due
.~. SECTION TEN~ CONFLICT AND SEVEIUtBILITY.
i:.'! In the event this O~dinance conflicts with any other
ordinance of Collier County or other applicable la~ .the..mor~
,~ restrictive ~ha11 apply. If any phrase or portion of this
~'. Ordinance is held invalid or uncons~itutional by any ~%rt of
.... 063' 3'90
..... ~OOK P~£
-20-
.!. Words ~ are added; words et~ are deleted.
competent Jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION ELEVEN1 wFFECTI~E D~%TE.
This Ordinance ehall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
~ii',:~'.iP~SSED ~O D~Y ~PTED by the Board of County Co~issioners
...;~ATED.'Z~ ~?" BO~ OF CO~Y CO~ISSION~S
"~'~E~'~ ~' ~' ";'
.~'~ '~'~-.~'~'~:. ~/ -~/ ~ B~T L; SAUNDERS, Chai~an
~artha N. Howell
Assista~t County Atto~ey
~ ~knowledgem~nt of. thai ~"
fl~elved Ihl~ day
* ;' Words underlined are added; words ~ are deleted.
..-~.
:,'i STATE OF FLORIDA )
COUNTY OF COLLIER )
! i' ./
. I, DWIOHT g. BROCK', Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ia a true copy of:
Ordinance No. 93-??
which was adopted by the Board of County Commisetonere on
the 20th day of October, 1993, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2?th '""
day of October, '1993.
· ... .'::"
C1erk~of Courte and Cle~°~.· ....
Ex-officio to Board of~ .' ." ,; :".~
County Co~mtsstqne~ Z:~..'...
_:.,,:,, ,
/ Deputy Clerk /., ;/.' '
063 392