Ordinance 77-04ORD1/~ANCE NO. 7.7-4
AN ORDINA~CE DECLARING CERTAI~ NOI~ES PROHIBITED
AND UNLAWFUL, BOTH GE~rERALLY AND AS TO POWER
LATIN MOWERS, ENGINE PO~RED EQUIP~NT, AIR
CONDITI0}rERS, ANIMALS, BIRDS, LOUD SPEAKERS,
MUSICAL INSTRUMENTS, FIRE CRACKERS, FIRE ARMS,
PILE DRIVERS, SHOVELS, GRATERS, SCRAPERS,
TRACTORS, PNEUMATIC HAMMERS, CONSTRUCTION
EQUIPMENT, ETC.,; PROHIBITING CERTAIN NOISES
AT CERTAIN TIMES; PROVIDING FOR DEFINITIONS,
PROVIDING FOR PENALTY FOR VIOLATIONS; PRO-
VIDING FOR EXCEPTIONS; PROVIDING FOR SEVERA-
BILITY OF PROVISIONS HEREWITh; PROVIDING FOR
REPEAL OF ORDINANCE 73-6~ AND PROVIDI~;G AN
EFFECTIVE DATE.
WHEREAS, the United States Congress, by enacting the
"Environmental Noise Control Act of 1972", declares that it
is the policy of the United States to promote an environment
free from noise that Jeopardizes the pl~lic health or welfare;
that environmental noise of all intensity, duratio~ and character
presents a growing danger to the health and welfare of citizens,
particularly in Urban areas; and that the pr4m~ry responsibi//ty
for control of environmental noise rests with the State and local
governments; and
WHEREAS, Article 2, Section 7 of the Constitution of the
State of Florida pronounces the policy of the State of Florida
to abate excessive and unnecessary noise; and
T~LEREAS, it is found and declared that the making and
creation of excessive, unnecessary or unusual noises w_~[n
limits of County of Collier is a cond/tion which has
some time and the amount and intensity of such noises
and, the m~g, creation or m~ten~ce o~ such exces~ , ~ ~.
~necessa~, unnat=al or ~usually loud noises which a~r~
longed, unusual or unnatural in their time, place and use, affect
and are a detriment to the public health, comfort, convenience,
safety, welfare and prosperity of the residents of the County of
Collier; and
WHEREAS, the necessity in the public interest for the pro-
visions and prohibitions hereinafter con~ained and enacte4 is
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declared as a matter of legislative determination and public
policy, and it is further declared that the provisions and pro-
hibitions hereinafter contained as enacted are in pursuance of
and for the purpose of securing and promoting the public health,
comfort, convenience, safety, welfare and prosperity and the peace
and quiet of the County of Collier and its inhab~tants.
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COU~TY, FLORIDA:
SECTION ONEt NOISES. "NOISE NUISANCE", defined enumeration.
1. Any loud, irritating, vexing, or disturbing noise when
such acts are done or accomplished, or carried on in such a
manner, or with volutes, intensity, o~ duration, so as to annoy,
to distress, or to disturb the quiet, comfort, or repose which
causes distress, a~noyance, discomfort, or injury to, or which
interferes with the comfort and repose of the public within the
vicinity of hearing thereof, is declared to be a "noise nuisance",
that is unlawful and is prohibited.
2. The following acts, among others not hereinafter
enumerated, are declared to be "noise nuisances", unlawful,
and in violation of the provisions of this chapter.
3. NOISES. Prohibited enumeration.
The following acts, among others, are declared to be
loud, d£sturbing and unnecessary noise nuisances and are hereby
prohibited under this Ordinance, but said enumeration shall not
be deemed to be exclusive: namely,
A. Engine Exhausts, etc. It shall be unlawful:
(1) To discharge into the open air of the
exhaust of any steam engine, stationary internal combustion
engine, motor boat, or motor vehicle except through a
muffler or other device which will effectively prevent
loud or explosive noises therefrom~ #provided, however,
that no person, firm, or corporation shall be required
to add new or additional muffling devices to conmmrcial
equipment when such devices would produce substantial
engine inefficiency or damage.
(2) To use an engine muffler cut out, by
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pass or similar device, in a residential area, on a
highway, or street;
(3) To modify an engine exhaust system in a
manner that increases or amplifies the sound. Further
prohibited is the alteration, or modification o~ any
muffler, or exhaust system on any motor vehicle which
causes, or allows the em£ssion of a noise level greater
khan that produced by such vehicle when it is equipped
with the muffler and exhaust system provided by the
manufacturer.
(4) To operate any engine at such a speed as
to cause excessive, unnecessary or unusual noise or
vibrations, or which is not equipped w~th a muffler in
good working order, and in constant operation so as to
prevent excessive or unusual noise.
(5) Any noise creating blower, or power fan
or any internal combustion engine; so as to cause noise
due to the explosion of operating gases, or fluids,
unless such noise is effectively muffled and such engine
is equipped with a muffler device sufficient to reduce
such noise to a reasonable minimum.
B. Horns, Signaling Devices, etc. It shall be
unlawful:
(1) To cause a horn or other device, which
is stationary, or is attached to, or on a vehicle to
emit an unreasonably, or unnecessary loud or harsh sound
or a whistle, or to operate any horn, warning, or similar
device except when reasonably necessary or ~nsure safety
or as a danger warning. Vehicle horns shall not be used
to indicate impatience or a desire to hurry or speed up.
(2) To equip, cause to be equipped, or to
operate, or use, or to allow to be o~erated, or used;
upon a motor vehicle any siren, whistle or bell operable
by the driver o~ a passenger! except emergency vehicles
authorized by law being operated in response to & bona
fide emergency, or in the immediate pursu/t of an actual
or suspected violator of the law.
C. Defect in Vehicle or Load. It shall be unlawful
to use any automobile, motor cycle, or any other type of engine
equipped vehicle so out of repair, so loa~ed, or in such manner
as to create loud and unnecessary grating, grinding, rattling,
or other noise.
D. Construction or Repairing. It shall be ~nlawful
to perform any type of construction or repair operation except
within the hours specified below=
(1) Residential Areas=
(a) The erection (including excavation),
demolition, alteration or repair of any building
within a residential area, other than between the
hours of 6=30 A.M. and ? P.M., on Monday through
Saturday inclusive.
(b) Sundays and Rolidays= The erection
(including excavation), demolition, alteration or
repair of any building within a residential area,
except during a time of extreme emergency duly declared,
is prohibited. It has been determined that Sundays and
Holidays are the usual days of rest accepted by the
citizens of Collier County, Florida.
(2) Non-Residential Areas=
(a) During Winter Season= The erection
(including excavation), demolition, alteration or repair
of any building within a non-residential area, other
than between the hours of 6=30 A.M. and ? P.M., on
Monday through Saturday inclusive, during the winter
season of December 15, through April 15, of each year.
(b) During Summer Seaeon~ The erection
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of any building within a non-residential area, other
than between the hours of 6 A.~f. and 7 P.H., on Monday
through Saturday inclusive, during the summer season
of April 16, through December 14, of each year.
(c) Sundays and Holidays: The erection
(including excavation and dredging), demolition,
alteration or repair of any building within a non-
residential area, except during a time of extreme
emergency duly declared, is prohibited. It.has been
determined that Sundays and Holidays are the usual days
of rest as accepted by the citizens of Collier County,
Florida.
4. Special Perm~t~ Any person, corporation or other
entity may apply to the Board of County Comm/ssioners of
Collier County, Florida, for a perm/t to operate d~ring the
hours prohibited above. If they determine that substantial loss
or substantial inconvenience would result to any party in interest,
and that the public health and safety will not be impaired by
such operation, a permit may be issued which allows erection,
dredging, excavation, demolition, alteration or repair during
the otherwise prohibited hours. The permit shall not exceed
three (3) days duration, but may be renewed from time to time
for a like period so long as the above circumstances ex/st.
5. Material Suppliers~ Any material supplier may conmmnce
operations at point of origin of materials, thirty (30) m/~lutes
prior to the times specified above, so as to have materials arrive
at the Jo~ site at the time when operations are allowed to begin.
This shall be a special exception to the above reg~lations, a~d
said operation shall be conducted in a reasonable manner to
minimize noise.
A. Radios, Phonographs, Loudspeakers, etc. The
using, operating or perm/tt~ng to be played, used, or.operated,
any radio receiving set, musical ~nstrument, phonograph or other
machine or device for the producing o~ reproducing of sound An
such manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants, or at any time w~th louder volume the/1
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is necessary for convenient hearing o£ the persons in the roo~,
vehicle or chamber in which such machhine or dev£ce is operated,
and who is a voluntary listener thereof. The operation of any such
set, instrument, phonograph, machine or device between the hours of
eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. in such
a manner as to be plainly audible at a distance of fifty (50) feet
from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this Section.
6. Loud Speakers, Amplifiers For Advertising. It shall
be unlawful to use, operate or permit to be played, used, or
operated any radio receiving set, musical instr~ent, pho~ograph,
loudspeaker, sound amplifier, o= other machine, or device for the
producing or reproducing of sound whichever is the case, on any
street, or public place of the County for the purpose of colorola1
advertising or attracting the attention of the public to any btt~ding
or structure without a permit issued by the Board of County Com{_s-
sioners as outlined in 4. above.
7. Yelling, Shouting, etc. Any tulnecessary yelling,
shouting, hooting, whistling or singing on the public street,
particularly between the hours of eleven o'clock (11:00) P.M.
and seven o~clock (7:00) A.M. in such a manner as to disturb the
quiet, comfort, or repose of persons in any office, dwelling,
hotel or other type of residence or other persons in the vic~ty.
8. Animals, Birds, etc. The keeping of any antmal or bird
who produces any frequent, or long continued noise so as to un-
reasonably disturb the comfort or repose of any person ~n the
vicinity.
9. Noisy Dog.=. It shall be unlawful for any person to
keep, or harbor, or own any dog in the County which ~uldulges, or
engages in frequent or habitual barking, yelping or howling,
thereby creating annoyance to the inhabitants of the neighborhoo~
in which the dog is kept, or to. people passing to and fro upon
the public streets.
10. Loading, Unloading, Opening Boxes. The creation of a
loud and excessive noise in connection with loading or unloading
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of any vehicle, or the opening, closing or destruction of bales,
boxes, crates and containers.
11. Schools, Courts, Chttrches, Hospitals. The creation of
any excessive, or unnecessary noise on any street adjacent to
any school, institution of learning, church or cour~ in use.
12. Hawkers, Peddlers. The shouting and crying of l~ddlers,
hawkers and vendors.
13. Air Conditioning Units and Equ/pment, and Other Types
of Mechanical Equipment Or Apparatus Installed On Or
Attached To Pre~/ses Shall Conform To The Following
As Regards Noises
A. It shall be unlawful for any person, corporation,
ausociation of persons, co-partnership, in the operation of any
air conditioning equipment or part thereof, or any other type of
mechanical equipment or apparatus inetalled on or attached to
premises, to make, continue or cause to be made, excessive noise
so as to cause annoyance, inconvenience or detriment to the public
or to any person or persons. In single family residence districts,
multiple fam/ly districts or districts where multiple or transient
lodging fac£1ities are perm/tied, or other districts which adjoin
such districts or areas, noise shall be considered excessive, if
the sound pressure level £rom the air conditioning units, or any
other type of mechanical equipment or apparatus installed on or
attached to pram/see, between the hours of l0 P.M. and 8 A.M.
exceeds 60 dec£bels as measured on the A Scale of a General Ra~o
Company No. 1551-A sound level meter or ~merican Standards Associa-
tion approved equivalent, when the meter is located at a point on
the p=operty line nearest such air conditioning units, mechanical
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equipment or apparatus.
B. If, as a result of the test, the air conditioning
equipment, mechanical equipment or apparatus installed on or
attached to premises, is found to violate the terms of this
Ordinance, the operation of said equipment or apparatus shall
be ceased immediately and not resumed unless proper corrections
have been made and approved by the CotmtyMa~ager.
14. Areas Embraced. All territory within the legal
boundaries of Collier County, Florida, including all incorporated
and unincorporated areas, shall be embraced by the provisions of
this Ordinance, unless specifically deleted or superseded by
Municipal Ordinance. Noises originating in an area not e~braced
by the prov~sions o~ this Ordinance which emanate into an area
embraced shall constitute a violation of this Ordinance.
15. Exce,tions and Exemptions.
A. It is recognized that emergency conditions may
warrant the operation of one or more of the engines or devices
during the hours prohibited herein, and in such event, after
first having secured a written perm/t from the County Manager
so to do, the same may be operated during the period of such
emergency. In the event that an emergency condition is of a
nature requiring ~m~e__diate action and where the requ/remant of
securing a prior written perm/t would endanger persons or property,
a party may take any action necessitated by the situat~on
subsequently apply to the County Manager for an after-the-fact
permit.
B. The provisions of this Ordinance shall not be
construed to prohibit the sounding of any horn, siren or other
warning device utilized by an emergency vekicle tn the performance
of its functions or duties.
C. The provisions of this Ordinance shall not be
applicable to the normal use of churches, schools, athletic
fields and auditoriums, but this exception shall not be con-
strued as to authorize the use of churches, schools, athletic
fields and auditorums to the annoyance and discomfort of the
neighborhood of such places. Officially sanctioned boat or
motor racing activities at recognized locations will also be
exempt from the provisions of this Ordinance when such activities
are carried out during daylight hours.
16. Right to Appeal. Any person aggrieved by the administration
of this Ordinan=e may appeal the decision by the County Manager
in accordance with Sections 28-16, 28-17, and 28-18 of the Code
of Collier County, Florida.
17. Persons Responsible. The owner of property, a tenant, a
lessee, a manager, an overseer, an agent, an operator, or any
other person or persons entitled to lawfully possess, or in actual
possession of such property device or machine creating, or from
which noise is created at the particular time involved shall each
be responsible for operating or maintaining much pr~m~sem, device,
or equipment in compliance with this Ordinance and shall be punished
whuther or not the person actually caused such noise is also
punished.
18. Penalty and Enforcement.
A. The Sheriff of Collier County, Florida is authorized by
law and is hereby delegated the responsibility to enforce the
provisions of this Ordinance upon a signed affidavit by two (2)
or more witnesses setting forth the facts of the violation that
are willing and able to testify to such facts.
B. Any person aware of a condition which he reasonably
believes co~3titutes a violat~on of ~ny provi~on of this
Ordinance may initiate action by appearing before the State's
Attorney or the Judge of the County Court and filing a sworn
affidavit setting forth with particularity the details and circum-
stances of such condition.
C. A finding or plea of guilty, or nolo contendere for
violation of this Ordinance shall be an imposition of a mis-
demeanor penalty in accordance with Section 125.69 of the
Florida Statutes.
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D. Upon conviction of being in violation of this Ord/nance
three times for the s~e, or & similar, offense within a twelve-
month period, when such noise is created by the same, or sim~l&r
noise emitter, the noise creating equipment shall be confiscated
upon such later conviction until such time as the offender d--m~--n-
strafes that he is prepared to, and, in fact, will operate said
equipment within the lim/ts of this Ordinance. Further violat~on
shall result in the permanent confiscation by the Court u~on such
conviction.
19. It is the intention of the County Com~ssion that each
separate provision of this Ordinance shall be deemed independent
of all other provisions herein, and it is further the intention
of the Board of County Commissioners that if any provisions of
this Ordinance be declared to be invalid, all other provisions
of this Ordinance be declared to be invalid, all other provis~ons
thereof shall remain valid and enforceable.
20. Construction. The provisions of this Ordinance shall be
liberally construed to effectively carry out its purposes in the
interest of the public health, safety, welfare and conv~nience.
21. Conflict. In the event this Ordinance conflicts with any
other ordinance of Collier County or other applicable law the
more restrictive shall apply.
"22. Repeal of Ordinance 73-6. The adoption of this Ordinance
automatically repeals Ordinance 73-6, as of the effective date
of this Ordinance.
23. Severance. If any phrase or port,on of this Ordinance is
for any reasen held invalid or unconstitutional by any court of
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.
24. Effective Date. This Ordinance shall take effect upon
receipt of notice that it has been filed with the Secretar~ of
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State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 11t.hday of Jam/a~ ., .1977.
/
ATTESTs/ /~ BOARD OF COU~;TY COM~ISSIONERS
COLLIER COUNTY, FLORIDA
~., .' ." W :
-'~ i "' "" " Approve~e tO) ~orm and,legal sufficiency~
- ~naid A. Pickwor~_h
· ~ j .T.~,?~ Collier Co~t~ Atto~ey
This ordinance filed with the Secretary of
State's Office the 17th day of January, 1977
and acknowledgement of that filing received
this 19th day of Janua~.~.1977.
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