Ordinance 90-017 ORDINANCE NO. 90-
AN ORDINANCE TO REGULATE NOISE WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY; SETTING
i-~ . FORT}{ FINDINGS AND PURPOSE; PROVIDING A TITLE.
.'L AND CITATION; SETTING FORTH APPLICABILITY, ...~
.._ PROHIBITIONS AND DEFINITIONS; SETTING FORTH
.-- MAXIMUM PERMISSIBLE SOUND LEVELS; PROVIDING
FOR EXCEPTIONS; PROVIDING A RIGHT TO APPEAL; , ~ ..
:.: PROVIDING FOR SPECIAL PERMITS AND WAIVERS;
~r. PROVIDING FOR PENALTIES; PROVIDING ADDITIONAL
"- REMEDIES; SETTING FORT}{ ENFORCEMENT STANDARDS;~
PROVIDING FOR USE OF LOUDSPEAKERS; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCE NO. 77-4; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the making and creation of excessive, unnecessary,
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, c;?eation 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 County.
NOW, THEREFORE, BE IT ORDAINED BY YHE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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 harmful
and injurious to the public health, safety and welfare, and
unreasonably ]nterfore 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 noise at decibel
levels which are contrary to the public welfare, constitute a
nuisance to the public at large and degrade the quality of life.
It is further declared that the provisions and prohibitions
hmreinafter 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: TITLE AND CITATION
This Ordil,ance shall be known and may be cited as the
"Collier County Noise Control Ordinance".
SECTION THREE: APPLICABILITY.
All territory within the legal boundaries of the
unincorporated area of Collier County, Florida, shall be embraced
by the provisions of this Ordinance. Noises originating in an
arms not embracQd by the provisions of this Ordinance which
emanate into an area embraced shall constitute a violation of this
section.
SECTION FOUR: PROHIBITIONS.
It shall be unlawful, except as expressly permitted herein,
to maks, cause or allow the making of any noise or sound which
exceeds the limits set forth in this Ordinance.
SECTION FIVE: DEFINITIONS.
The words and phrases used in this Ordinance are defined as
follows:
A. Agricultural Zone - An agricultural zone is any
geographic area designated for agricultural activities by the
zoning authority having Jurisdiction over such ar,a.
B. Ambient Noise - The all encompassing noise associated
with a given environment, being usually a composite of sound from
many sources near and far.
C. 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.
D. Collier County - All territory within the legal
boundaries of the unincorporated area of Collier County, Florida.
E. Collier County Code Enforcement Board - The designated
authority charged with administration of this Ordinance and
enforcement in addition to enforcement by Collier County Sheriff's
Office.
F. Commercial Zone - A commercial zone is any geographic
area designated for commercial or professional activities by the
zoning authority having jurisdiction over such area.
G. Construction - Any site preparation, assembly, erection,
substantial repair, alteration, or similar action, but excluding
demolition, for or on any public or private right-of-way,
structures, utilitie~ or similar property.
H. 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.
J. Decibel - (dB) - a unit for describing the amplitude of
sound, equal to twenty (20) times the logarithm to the base ton
(10) of the ratio of the pressure of the sound measured to the
reference pressure, which is twenty (20) micronewtons per square
meter.
K. Emergency - An occurrence or set of circumstances
involving actual or imminent physical trauma or property damage
which demands immediate action.
L. Emergency Work - Any work performed for the purpose of
preventing or alleviating the physical trauma or property damage
threatened or caused by an emergency.
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.
N. Industrial Zone - An industrial zone is any geographic
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.
p. Noise - Any sound which annoys or disturbs humans or
causes or tends to cause an adverse psychological effect on
humane.
Q. 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 welfarQ of a rQasonable person with normal
sensitivities or unreasonably interferes with the enjoyment of
life, property or outdoor recreation.
R. Noise Level - As referenced in this Ordinance, the 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.
S. Person - Any individual natural poreon, public or
private corporation, firm, association, joint venture,
partnership, or any other entity whatsoever or any combination
of such, jointly and severally.
T. Pure Tone - Any sound which can be distinctly heard as a
single pitch or a set 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 by 5dB for center frequencies of 500 Hz and above and
by 8dB for center frequencies between 160 and 400 Hz and by 15dB
for canter frequencies less than or equal to 125 }{z.
U. 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.
V. 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.
W. RMS Sound Pressure - The square root of the time
averaged square of the sound pressure, denoted Prms.
X. Sheriff's Office - The sheriff's office referenced
in this Ordinance is the Collier County Sheriff's office.
Y. Sound Level Meter - An instrument to measure the sound
prsssurm lev.1 of relatively continuous and broadband noises. The
sound level meter used to determine compliance with this ordinance
shall meet or exceed the requirements for type 2 sound level m~ter
in accordance with ANSI Standard Sl.4.
Z. Sound Pressure Level - As referenced in this ordinance,
sound pressure level means 20 times the logarithm to the base l0
of the ratio of the RMS sound pressure to the reference pressure
of 20 micropascals (20 x 10-6 N/m2). The sound pressure level is
denoted Lp or SPL and is expressed in decibels.
~ECTION SIX: MAXIMUM PERMISSIBLE SOUND LEVELS.
A. Classification of Use Occupancy. For the purposes of
defining "use occupancy" in this Ordinance, the following
classifications shall apply.
1. All premises containing habitually occupied
elm.ping quart.rs shall be consid.rod r.mid~ntial usQ.
2. All premises containing transient commercial
ml~oping quarters shal! bo considered tourist use.
3. All 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
pmrmitt.d shall b. consider.d 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 Pormissiblm Sound Levmls By Use Occupancy. No
person shall operate or cause to be operated any source of sound
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from any 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 more than ten (10) percent of any measurement
period, which shall not be less than ten (10) minutes when
measured at or beyond the property boundary of the land use from
which the sound emanates. If a complaint arises from a
multi-story structure, the sound level meter mga~urement may be
taken at the location from which the complaint originated.
TABLE I
Use Occupancy Sound Level
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
adjoining residential
ZOne
Commercial or 7 a.m. to 10 p.m. 65
Tourist After 10 p.m. to 6:59 a.m. 60
Manufacturing or At all times 75
Industrial -
adjoining commercial
or tourist zone
Manufacturing or 7 a.m. to 10 p.m. 65
Industrial - Monday through Saturday
adjoining residen-
tial zone After 10 p.m. to 6:59 a.m. 60
and all of Sundays
Agricultural At all times 7§
C. Correction for Character of Sound.
1. For any source of sound which omits a pure tone,
the maximum sound level limits set forth in Table I shall be
reduced by 5 dBA.
2. F~r 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 bo increased by 10 dBA from 7 a.m. to
10 p.m.
D. Multi-family 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 aBA, during the hours between
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7 a.m. to 10 p.m., or 45 dBA during the hours between l0 p.m. and
7 a.m. daily, measured from inside a neighbor's dwelling within
said multi-family dwelling unit.
E. Construction Noise - No person shall operate or permit
to be operated any power driven construction equipment without 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. pum~s,
well tips, generators, etc.) shall be shielded by a barrier to
reduce the noise during the hours of 6 p.m. to 7 a.m. unless the
unshielded noise level is less than 55 dBA, measured at the
closest adjacent residentially zoned property line.
SECTION SEVEN: E~L~CLLQI{~
The following uses and activities shall be permitted:
A. Construction operations for which building permits have
been issued, or construction operations not requiring permits due
to ownership of the 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
pr~amure relief valves and b. lle 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
inteI~st.
F. Any other noise resulting from activities of a temporary
duration permitted by law and for which a license, permit or
waiver therefor has been granted by the County in accordance with
Sections Eight and Nine.
G. Noises made by persons having obtained a permit to use
the streets.
H. Ail noises coming from the normal operations of
air-craft (not including scale model aircraft), and from the
normal operations of airports within Collier County.
I. Those motor vehiclos controlled by Florida Statutes,
Section 316.293 (1981), as may be amended, but not those motor
vehicles exempted from coverage.
J. Motor vehicles dofined in Florida Statutes, Section
316.293(1) (a) and (b).
K. Ordinary noise created by the operation of railways.
L. Noises consistent with cultural, sporting, historical or
traditional observances, holidays and ceremonies, parades and
concerts, provided that any event being operated for profit shall
obtain a noise permit prior to such event, from the County Manager
or his designee, and any othor applicable permit to operate such
event as require~ by this County.
M. Operation of equipment or conduct of activities normal
to residential or agricultural communities such as lawn care, soil
cultivation, domestic power tools, lawn mowers, maintenance of
trees, hedges, gardens, refuse collection, agricultural equipment,
saws and tractors, street sweepers, mosquito fogging, tree
trimming and limb chipping and other normal community operations,
between the hours of 7 a.m. to 10 p.m.
N. In those instances where an industry or commercial
business had in prior years established its place of business in
an area removed from a residential zone and subsequently through
the encroachment of residential development or rezoning, became
immediately adjacent to a residential zone, the sound level limits
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for an industrial or commercial use, as applicable, shall apply
and the business shall not be required to meet those sound level
limits for residential zones.
~IGHT: SPECIAL PERMITS.
Applications for a permit for relief from the maximum
allowable noise level limits designated in this Ordinance may be
made in writing to the County Manager or his designee. Any permit
grantQd by thQ County Managur heruundor must be mad~ in writing
and shall contain all conditions upon which said permit shall be
effective. The County Manager, or his designee, may grant the
relief as applied for under the following conditions:
1. The County Manager may prescribe any reasonable
conditions or requirements as he deems necessary to minimize
adverse effects upon the community or the surrounding
neighborhood, including use of mufflers, screens or other sound
attenuating devices.
2. Permits hereunder may be granted for any planned
community event as described in Section Seven L. herein.
3. Permits hereunder for entertainment events may be
granted under the following conditions:
(a) The function must be open to the public (admission
may be charged);
(b) The function must take place on public property;
(c) The permit will be given only for four (4) hours in
one twenty-four hour day;
(d) The function must be staged between the hours of
9:00 a.m. and 12:00 midnight.
4. Special permits for special purposes may be issued under
the following conditions:
(a) If the special purpose 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, the special
purpose does not relate to the operation of a trade or business
9
and the special purpose is not an ordinary event in the affairs of
the applicant;
(c) If the special purpose is a recurring purpose but
does not recur more often than four (4) times each calendar year;
and
(d) If the special purpose does not relate to the
operation of a trade or business and the special purpose is
compatible with the ordinary activities of the neighborhood in
which the special purpose is to occur.
5. Except in emergency situations, as determined by the
County Manager, or as restricted in Section Eight (3), a special
permit may bQ issued for only four (4) hours between 7:00 a.m. and
11:00 p.m. on weekdays; and
6. A special permit may be issued for no longer than
fifteen (15) consecutive days, renewable by further application to
the County Manager.
7. No permit may be issued to permit 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 except those used for emergency warnings.
SECTION NINE: WAIvers,
Applications for a waiver for relief from the maximum
allowable noise level limits designated in this Ordinance shall be
made in writing. Such applications for waivers shall be made to
the Board of County Commissioners, when the activity creating such
noise is located within the unincorporated area of Collier County.
Any waiver granted by the Board of County Commissioners must be in
writing and shall contain all conditions upon which said permit
shall be effective. The Board of County Commissioners may grant
the waiver as applied for under the following conditions:
1. 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.
lO
2. Waivers from maximum allowable noise level limits may be
granted for noises created within an industrial or commercial zone
by operations which were in existence on the effective date of
this Ordinance.
3. Waivers may be issued for no longer than 30 days,
renewable by further application to the Board of County
Commissioners.
SECTION TEN: RIGHT TO APPEAL.
Any person aggrieved by the denial of his application for a
permit by the County Manager, or his designee, 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 public
notice of tho hearing on the appeal shall bo given.
~:CTION ELEVEN: VIOLATIONS: PENALTIES.
A. Any person violating any of the provisions of this
Ordinance shall, upon conviction thereof, be subject to a fine not
exceeding five hundred dollars ($500.00) or imprisonment not
exceeding sixty (60) days, or both. Each day such violation is
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
bmmn previously 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, an
overseer, an agent, 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 may be
punished for violation of this Ordinance. It shall not be a
lawful defenzc to assert that some other person caused such sound
but each lawful pos~ossor or claimant of tho premises shall be
responsible for operating or maintaining such premises in
oompliancs with this Ordinance and si%all be punishable whether or
not the person actually causing such sound is also punished.
SECTION TWELVE: ADDITIONAL REMEDIES.
A. In addition to the criminal penalties provided for
herein, th, Board of County Commissioners is hereby authorized to
institute any appropriate action or proco-ding, including an
action at law for damages or a suit for injunctive relief in order
to prevent or abet. violations of this Ordinance. For the
purposes of this Ordinance, the emission of any sound or the
operation or maintenance of any device, instrument, vehicle or
machinery in violation of any provisions of this Ordinance which
endangers the comfort, repose, health and peace of residents of
Collier County is declared to be a public nuisance.
B. Nothing in this Section shall be construed to prohibit
the County from prosocut[ng any violation of this Ordinancm by
means of a Code Enforcement Board established pursuant to the
authority of Chapter 162, Florida Statutes. Further, nothing
herein shall be construed to limit any private right of action.
SECTION T~IRTEEN; USE OF LouQSPEAKERS.
Loudspeakers or public address systems used to produce sound
signals from any source for either advertising or other purposes
may not be operated on or over public property and public
right-of-way, unless a permit has been issued by the County
Manager or his designee. A fee of $5.00 shall be paid for such
permit. The permit may be canceled for non-compliance with this
ordinance. Such systems may be used Monday through Saturday
during daylight hours only.
SECTION FOURTEEN: CONFLICT AND SEVERABILITY.
If any part of this Ordinance is held to be invalid or
unconstitutional by any court of competent Jurisdiction, it shall
be construed to have been the legislative intent to pass this
ordinance without such unconstitutional part, such part shall be
deemed a separate, distinct and independent provision and the
remainder of this Ordinance shall be held to be valid as if such
part had not been included herein. If this Ordinance or any
provision hereof is held to be inapplicable to any person, group
of persons, property, kind of property, circumstances or set of
circumstances, such holding shall not affect the applicability
hereof to any other person, property or circumstances.
SECTION FIFTEEN: REPEAL OF ORDINANCE NO. 77-4.
Collier County ordinance No. 77-4 which provided for noise
regulation is hereby repealed in its entirety.
SECTION SIXTEEN: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED this //3f4 day of .F~~// , 1990.
,. :..{.. , .,. 'M~( A: HAS~ JR., Cha~ma~
9 Approved as t~' form and
".l~gal 'suffici'~ncy: '. :he
STATE OF FLORIDA ]
COUNTY OF COLLIER )
I, JAMES C. GILES,~er~ ' of Courts h% and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true cody of:
Ordinance No. 90-17
i which was adopted by the Board of County Commiss~oners on
· ~: the 13th day of February, 1990, during ReGular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of February, 1990.
JAMES C. GILES
Clerk of Courts and Clerk '" . ,~
Ex-officio to Board of . .
coui cj 2L
By: /s/Maureen' Xen¥on
Deputy Clerk