Loading...
HomeMy WebLinkAboutCode Master Project 1978: Chapter 711: Noise Abatement (No Changes)History File Chapter 713 Codified Sept. 91 a. It is determined that there will be no significant adverse effect upon the surrounding lands and waters. b. It is determined that there will be no significant adverse effect upon the environ- mental quality of the area. c. It is determined that public safety will be adversely affected to a significant degree should the exemption not be granted. d. The exemption, if granted, is the minimum exemption that will make possible reasonable protection of both the sea turtles and the public safety concerns. 3. Application for exemption under this Section shall be made in writing on a form provided by the administrator and shall include : a. A plan which shall depict the site, location of all buildings or structures on the site, and location of all lighting on site. b. Nature of the exemption requested. c. Written reasons why the exemption should be approved. d. Any additional necessary or appropriate items which the administrator may require. 4 . Denial of exemption . If the administrator denies the exemption, the applicant may file an appeal of the administrator 's written decision with the City Council of the City of Cape Canaveral . Sec. 659. 15 Enforcement and Penalty. A. If the administrator shall find that any of the provisions of this Chapter are being violated, he shall notify the property owner or occupant of such viola- tions, in writing, indicating the nature of the violation and ordering any action necessary to correct it. Any person found guilty of violating any provi- sions of this Chapter after a first written warning , shall be punished in accordance with Section 801 . Each day the violation continues shall be deemed a separate offense. In addition to any other remedies, whether civil or criminal, violations of this Chapter may be enforced by the Code Enforcement Board of the City of Cape Canaveral and may be restrained by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law. SECTION 2 . Chapter 713, is hereby amended by repealing Section 713. 08, Spill-Over Lighting Standards for Beachfront property, in its entirety. SECTION 3 . SEVERABILITY: If any section , paragraph, sub- division, clause, sentence, or provision of this Ordinance shall Ordinance No. 24-90 Page 5 of 6 controls 713 CHAP CODES/LDR § 713.01 SPILL-OVER LIGHTING CONTROL § 713 .09 CHAPTER 713 SPILL-OVER LIGHTING CONTROL Sec. 713.01 Policy to Prohibit Excessive Spill-Over Light Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive spill-over light- ing from all sources subject to its police powers. The need for spill-over lighting regulation is a matter of legislative determination and public policy and this Chapter is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No. 22-84, § 1 , 4 Dec 84] Sec. 713.03 Spill-over Lighting Standards Estab- lished. Area floodlighting fixtures or other materials installed or provided within the corporate limits of *the City of Cape Canaveral, Florida, unless excepted elsewhere, shall be installed in or equipped so that the light source does not transmit excessive spill over beyond the boundaries of the property on which the lighting source is located. [Ord. No. 22-84, C 1 , 4 Dec 84] Sec. 713.05 Spill-over Lighting Defined. Excessive spill-over lighting shall be defined as spill-over lighting in excess of . 2 foot candles greater than the existing light ( i.e . moonlight) that transmits beyond the property boundary line. [Ord. No. 22-84, § 1 , 4 Dec 84] Sec. 713. 07 Exceptions . Any lighting source emanat- ing from a light source which is owned by, or under the control of, any Federal, State, County or Municipal unit of government, or public utility, shall be specifi- cally excepted from this Chapter. [Ord. No. 22-84, § 1 , 4 Dec 84] § 713 .08 SPILL-OVER LIGHTING CONTROL § 713 . 11 Sec. 713. 09 Method of Measurement Described. In order to determine spill-over lighting, the Code Enforcement Officer shall measure the light where the light first spills over the adjoining property by using a correctly calibrated light meter while pointing the light meter directly at the source light . The light meter shall be calibrated in accordance with accepted recognized standards . [Ord. No. 22-84 , § 1 , 4 Dec 84] Sec . 713. 11 Penalty. Any person, firm or corpora- tion violating any provisions of this Chapter shall be punished as provided in §801 . 03. Every day in viola- tion shall be considered a separate offense. [Ord. No. 22-84, § 1 , 4 Dec 84] ORDINANCE NO. 8-86 AN ORDINANCE AMENDING CHAPTER 713, "SPILL- OVER LIGHTING CONTROL" , OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA; RESTRICTING OUTDOOR LIGHTING ALONG THE BEACH TO PROTECT THE SEA TURTLES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 713, "Spill-over Lighting Control" , of the Code of Ordinances of the City of Cape Canaveral, Florida, is hereby amended by adding the following Section: Sec. 713. 08 Spill-over Lighting Standards for Beachfront Property. Lights illuminating buildings or associated grounds for decorative or recreation purposes shall be shielded or screened in such a manner that they are not visible from the beach, or turned off after 11:00 P.M. during the period of May 1 to October 31 of each year . Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 11: 00 P.M. during the period of May 1 to October 31 of each year. Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. These lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach. [Ord. No. 8-86, §1, 18 Mar 86] SECTION 2. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of March , 1986. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO FISCHETTI YES LEE YES MARCHETTI YES NICHOLAS YES WINCHESTER YES First Reading: 3-4-86 Posted: 3-5-86 Advertised: 3-8-86 Second Reading: 3-18-86 Codified 9/30/86 [signature] § 713.01 SPILL-OVER LIGHTING CONTROL § 713.11 CHAPTER 713 SPILL-OVER LIGHTING CONTROL 377A Sec. 713 . 01 Policy to Prohibit Excessive Spill-Over Light Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit un- necessary, excessive and offensive spill-over lighting from all sources subject to its police powers . The need for spill-over lighting regulation is a matter of legis- lative determination and public policy and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare of the City of Cape Canaveral, Florida, and the people residing therein. [Ord.No. 22-84, §1, 4 Dec 84] Sec. 713 . 03 Spill-over Lighting Standards Established. Area floodlighting fixtures or other materials installed or provided within the corporate limits of the City of Cape Canaveral, Florida, unless excepted elsewhere, shall be installed in or equipped so that the light source does not transmit excessive, spill-over beyond the boundaries of the property on which the lighting source is located. [Ord. No. 22-84 , §1, 4 Dec 84] Sec. 713 . 05 Spill-over Lighting Defined. Excessive spill-over lighting shall be defined as spill-over lighting in excess of . 2 foot candles greater than the existing light (i.e. moonlight) that transmits beyond the property boundary line. [Ord. No. 22-84, §1, 4 Dec 84] • Sec. 713. 07 Exceptions. Any lighting source emanating from a light source which is owned by, or under the control of, any Federal, State, County or Municipal unit of government, or public utility, shall be specifically excepted from this Ordinance. [Ord No. 22-84, §1, 4 Dec 84] Sec. 713.08 (Copy from Ord) Sec. 713.09 Method of Measurement Described. In order to determine spill-over lighting, the Code Enforcement Officer shall measure the light where the light first spills over the adjoining property by using a correctly calibrated light meter while pointing the light meter directly at the source light. The light meter shall be calibrated in accordance with accepted recognized standards . [Ord. No. 22-84 , §1, 4 Dec 84] Sec. 713 . 11 Penalty. Any person, firm or corporation violating any provisions of this Chapter shall be punished as provided in §801. 03 . Every day in violation shall be considered a separate offense. [Ord. No. 22-84, §1, 4 Dec 84] Codified 9/30/80 [signature] Codified Feb 86 ORDINANCE NO. 33-85 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING CHAPTER 711 "NOISE ABATEMENT" OF THE CODE OF ORDINANCES IN ITS ENTIRETY; ESTABLISHING A NEW CHAPTER 711 TO BE ENTITLED "NOISE REGULATIONS"; ESTABLISHING REGULATIONS FOR HOURS OF CONSTRUCTION; ESTABLISHING METHOD OF ENFORCEMENT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Citizens of Cape Canaveral deserve a high quality of life; and WHEREAS, loud and excessive noise can be damaging to the quality of life; and WHEREAS, the City of Cape Canaveral has an obligation to ensure a harmonious existence to its citizens to the best of its abilities; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 711 "Noise Abatement" of the City Code of the City of Cape Canaveral, Florida, is hereby repealed in its entirety. SECTION 2. Chapter 711, "Noise Regulations" is hereby adopted as follows: CHAPTER 711 NOISE REGULATIONS Sec. 711. 01 Policy to Prohibit Noise Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulation is a matter of legislative determination and public policy and this chapter is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No. 33-85, §2, 18 June 1985] Sec. 711. 02 Construction Noise. A. The construction, erection ( including excavation) , demolition, alteration or repair, of any building shall be permitted only between the hours of 7 : 00 A.M. and 7: 00 P.M. Monday through Saturday. These activities shall be prohibited at all other times and also during all hours on New Year ' s Day, 4th of July, Labor Day, Thanksgiving Day and Christmas, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Official, which permit may be granted for a period not to exceed three ( 3 ) days, or less, ORDINANCE NO. 33-85 Page 1 of 2 while the emergency continues and which permit may be renewed for periods of three ( 3 ) days, or less, while the emergency continues. If the Building Official shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 7 : 00 P.M. and 7: 00 A.M. , and during all hours of the holidays listed above, and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 7 : 00 P.M. and 7 : 00 A.M. , and during all hours of the holidays listed above, upon application made at the time the permit for the work is awarded or during the progress of the work. B. Home repairs_,_by occupants or home additions by occupants that do notr6xeed,five hundred ( 500 ) square feet shall also be excluded froTf provisions of this chapter. C. The Building Official is hereby empowered to issue a stop work order for violation of this chapter and further, upon repeated occurances, may revoke the building permit of the violator. 711. 25 Penalties. Any person violating any of the provisions of this chapter shall be punished as provided in Section 801. 02 SECTION 3 . All portions of the Code in conflict herewith are hereby repealed. SECTION 4 . This ordinance shall effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of June , 1985. [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO FISCHETTI [didn't vote] MARCHETTI YES NICHOLAS YES RUTHERFORD YES WINCHESTER YES First Reading: 6-4-85 Posted: 6-5-85 Advertised: 6-8-85 Second Reading: 6-18-85 ORDINANCE NO. 33-85 Page 2 of 2 ORDINANCE NO. 36-85 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 711, NOISE REGULATIONS , OF THE CODE OF ORDINANCES BY THE ADDITION OF SECTION 711.02, ENUMERATION OF PROHIBITED NOISES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1 . Section 711.02 , "Enumeration of Prohibited Noises" is hereby established as follows: Sec. 711 .02 Enumeration of Prohibited Noises It is unlawful for any person within the city to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise which either annoy, disturbs or endangers the comfort, repose, health, peace or safety of others, and the following acts, among others, are to be declared to be loud, disturbing and unnecessary noises in violation of this section, but the said enumeration shall not be deemed to be exclusive, namely: 11-0y1. No. 3L-$S) S ly \( zrd 1q9 (a) The sounding of any horn or other signalling device on any automobile, motorcycle, or other motor vehicle on any street or in any public place within the city, except as a danger warning; the creation by means of such signalling device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn or other signalling device operated by the engine exhaust of any motor vehicle, and the use of any such horn or other signalling device when traffic is for any reason held up; (b) The playing, using, operating or permitting to be played, operated, or used, of any radio receiving set, musical instrument, television set, phonograph, or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of the neighboring residents at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle, or immediate area in which such machine or device is being operated and who are voluntary listeners thereto; the operation of any such radio, receiving set, musical instrument, television set, phonograph or other machine or device for producing or reproducing sound, between the hours of 11:00 P.M. and 7 :00 A.M. in such a manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located, shall be deemed prima facie evidence of a violation of this section; ORDINANCE NO. 36-85 PAGE 1 OF 2 (c) The playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; provided, however, that within the commercial zoned district, the City Manager may issue a permit to allow certain of the above activities subject to conditions that would not materially disturb the tranquility of persons in the vicinity; (d) Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 11:00 P.M. and 7 :00 A.M. , or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, store, or in any dwelling, hotel or other type of residence; (e) The keeping of any animal or bird which, by frequent or long-continued noise, shall disturb the comfort or repose of persons in the vicinity thereof; (f) The discharge into the open air of the exhaust of any engine, motor, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud, explosive, and unnecessary noise therefrom; (g) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. SECTION 2 . All portions of the code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of July , 1985 . [signature] Mayor ATTEST: [signature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 7-3-92 Posted; 6-28-85 Advertised: 7-6-85 Second Reading: 7-16-85 NAME YES NO FISCHETTI YES MARCHETTI YES NICHOLAS YES RUTHERFORD YES WINCHESTER YES ORDINANCE NO. 36-85 PAGE 2 OF 2 § 711. 01 Noise Regulations CHAPTER 711 NOISE Regulations Sec. 711. 01 Policy to Prohibit Noise Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulation is a matter of legislative determination and public policy and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the City of Cape Canaveral, Florida, and the people re- siding therein. [Ord. No. 2-74 , § 1 , 5 Feb 1974] Sec. 711 . 02 Excessive Noise Defined and Prohibited. No person shall, within the limits of the City of Cape Canaveral, create or cause to be created any unreasonably loud, unnecessary or disturbing noise. A noise shall be deemed to be unreasonably loud and a violation of this Chapter under the following circumstances: (A) Any sound radiated for continuous or recurrent periods, from any premises that produces sound pressure levels at any point on the property line of said premises or adjacent dwelling unit, in excess of the following "A" Scale Limits, slow meter response, measured in decibels : "A" SCALE LIMITS DISTRICT DAY NIGHT Residential 65 60 Business 75 70 Industrial 80 75 (B) Any sound emanating from an automobile, truck, motorcycle, motor bus or other vehicle weighing less than 10, 000 lbs. GVW, in excess of the following "A" Scale Limits, measured with fast meter response from a distance of 50 feet from the centerline of the lane in which the vehicle is traveling. (1) On any street where the speed limit is below 40 mph, 72 decibels; (2) On any street where the speed limit is 40 mph or above, 82 decibels . § 711. 0 2 NOISE ABATEMENT § 711. 04 ; (C) Any sound emanating from the construction or demolition of buildings or structures, or from the main- tenance or construction of streets or highways, having a sound pressure level higher than 90 decibels measured from a distance of 50 feet from the place of the action, or if the source of the sound is on private property, measured from the nearest property line. (D) Any noise of an impulsive or intermittent char- acter, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in ex- cess of the following "A" Scale Limits , fast meter response, measured in decibels at a distance of 50 feet, or at the nearest property line, whichever is closer : "A" SCALE LIMITS (Fast Meter Response) DISTRICT DAY NIGHT Residential 70 60 Business 80 70 Industrial 85 75 [Ord. No. 2-74 , § 2 , 5 Feb 1974] Sec. 711. 03 Method of Measurement Described. The microphone used to measure the loudness of a noise shall be placed at any point on the property line or a point 50 feet distant from the noise being measured, no closer than 5 feet from any wall not less than 4 feet above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level meter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1. 4-1971, which has been calibrated in accordance with ANSI standards. [Ord. No. 2-74 , § 3 , 5 Feb 1974] Sec. 711. 04 Exceptions. (A) Sounds created by emergency activities or vehicles , sounds giving warning of emergencies, sounds customarily signaling particular times of day and sounds created by gasoline powered garden equipment shall be exempt from the provisions of this Chapter. (B) If the applicant can show to the City Manager or his designee that a diligent investigation of available 17 711.04 NOISE ABATMENT § 711.05 noise abatement techniques indicates that immediate com- pliance with the requirements of this Chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Chapter may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in ad- vance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon a showing of good cause. [Ord. No. 2-74 , § 4 , 5 Feb 1974] Sec. 711. 05 Penalty Provided. Any person violating any of the provisions of this Chapter shall be punished by a fine not exceeding two hundred dollars ($200. 00) or imprisonment not to exceed five (5) days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. [Ord. No. 2-74 , § 5, 5 Feb 1974] File History file Chapter 711 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL June 4 , 1985 MEMORANDUM TO: Mayor and City Council FROM: City Attorney RE: NOISE ORDINANCE Attached hereto is the construction noise regulations standards which we have been discussing over the past several meetings. After reviewing the entire Noise Ordinance, I am suggesting that we repeal the ordinance in its entirety and develop a new noise ordinance. The construction noise regulations will be a part of the new noise ordinance. In order that we do not delay adopting construction noise standards, I have included these in the ordinance. We will then, in effect, adopt the rest of the standards to fit in and around the construction noise standards. If you have any problems with this, it can be structured in another manner. [signature] Joseph W. Scott City Attorney JWS/jl File History file Chapter 711 May 85 ''7 's REGULATING HOURS OF CONSTRUCTION AREAS TO BE CONSIDERED & SUGGESTED GUIDELINES 1 . Times - 7 : 00 A.M. to 8 : 00 P.M. 2 . Days of Week - Monday through Saturday 3 . Types of Activities Regulated - The erection (including excavating) , demolition, alteration or repair of any building. 4 . Types of Activities Not Regulated - Home repairs by occupant and home additions by occupant, not exceeding 500 sq. feet. 5 . Exceptions - In case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Official; which permit may be granted for a period not to exceed three days , or less , while the emergency continues. Said period may be renewed for periods of three days , or less , while the emergency continues . If the building official shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 8 : 00 P.M. and 7 : 00 A.M. , and if he further determines that loss or in- convenience would result to any party in interest, he may grant permission for such work to be done between the hours of 8 :00 P.M. and 7 : 00 A.M. , upon application made at the time the permit for the work is awarded or during the progress of the work. Ord. No. 33-85 was drafted from these guidelines § 711.01 NOISE ABATEMENT § 711.02 CHAPTER 711 NOISE ABATEMENT Sec. 711.01 Policy to Prohibit Noise Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulation is a matter of legisla- tive determination and public police and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public peace and quiet of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No. 2-74, §1, 5 Feb. 1974] Sec. 711.02 Excessive Noise Defined and Prohibited. No person shall, within the limits of the City of Cape Canaveral, create or cause to be created any unreasonably loud, unnecessary or disturbing noise. A noise shall be deemed to be unreasonably loud and a violation of this Chapter under the following circumstances: (A) Any sound radiated for continuous or recurrent periods, from any premises that produces sound pressure levels at any point on the property line of said premises or adjacent dwelling unit, in excess of the following "A" Scale Limits, slow meter response, measured in decibels: "A" SCALE LIMITS DISTRICT DAY NIGHT Residential 65 60 Business 75 70 Industrial 80 75 §711.03 NOISE ABATEMENT §711.04 Sec. 711.03 Method of Measurement Described. The microphone used to measure the loudness of a noise shall be placed at any point on the property line or a point 50 feet distant from the noise being measured, no closer than 5 feet from any wall not less than 4 feet above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level metter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1.4- 1971, which has been calibrated in accordance with ANSI standards. [Ord. No. 2-74, §3, 5 Feb 1974] Sec. 711.04 Exceptions. (A) Sound created by emergency activities or vehicles, sounds giving warning of emergencies, sounds customarily signalling particular times of day and sounds created by gasoline powered garden equipment shall be exempt from the provisions of this Chapter. (B) If the applicant can show to the City Manager or his designee that a diligant investi- gation of available noise abatement techniques indicates that immediate compliance with the requirements of this Chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Chapter may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in advance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon a showing of good cause. [Ord. No. 2-74, §4, 5 Feb. 1974] 3 §711.05 NOISE ABATEMENT §711.05 Sec. 711.05 Penalty provided. Any person violating any of the provisions of this Chapter shall be punished as provided in §801.03. [Ord. No. 2-74, §5, 5 Fe. 1974] 7-4 § 711.02 NOISE ABATEMENT § 711.02 (B) Any sound emanating from an automobile, truck, motorcycle, motor bus or other vehicle weighing less than 10,000 lbs GVW, in excess of the following "A" Scale Limits, measured with fast meter response from a distance of 50 feet from the centerline of the lane in which the vehicle is traveling. (1) On any street where the speed limit is below 40 mph, 72 decibels; (2) On any street where the speed limit is 40 mph or above, 82 decibels. (C) Any sound emanating from the construction or demolition of buildings or structures, or from the maintenance or construction of streets or highways, having a sound pressure level higher than 90 decibels measured from a distance of 50 feet from the place of the action, or if the source of the sound is on private property, measured from the nearest property line. (D) Any noise of an impulsive or intermittent character, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of 50 feet, or at the nearest property line, whichever is closer: "A" SCALE LIMITS (Fast Meter Response) DISTRICT DAY NIGHT Residential 70 60 Business 80 70 Industrial 85 75 [Ord. No. 2-74, §2, 5 Feb. 1974] 2 § 711.01 NOISE ABATEMENT § 711.02 CHAPTER 711 NOISE ABATEMENT Sec. 711.01 Policy to Prohibit Noise Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulation is a matter of legisla- tive determination and public policy and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No. 2-74, § 1, 5 Feb. 1974] Sec. 711.02 Excessive Noise Defined and Prohibited. No person shall, within the limits of the City of Cape Canaveral, create or cause to be created any unreasonably loud, unnecessary or disturbing noise. A noise shall be deemed to be unreasonably loud and a violation of this Chapter under the following circumstances: (A) Any sound radiated for continuous or recurrent periods, from any premises that produces sound pressure levels at any point on the property line of said premises or adjacent dwelling unit, in excess of the following "A" Scale Limits, slow meter response, measured in decibels: "A" SCALE LIMITS DISTRICT DAY NIGHT Residential 65 60 Business 75 70 Industrial 80 75 1 § 711.02 NOISE ABATEMENT § 711.02 (B) Any sound emanating from an automobile, truck, motorcycle, motor bus or other vehicle weighing less than 10,000 lbs GVW, in excess of the following "A" Scale Limits, measured with fast meter response from a distance of 50 feet from the centerline of the lane in which the vehicle is traveling. (1) On any street where the speed limit is below 40 mph, 72 decibels; (2) On any street where the speed limit is 40 mph or above, 82 decibels. (C) Any sound emanating from the construction or demolition of buildings or structures, or from the maintenance or construction of streets or highways, having a sound pressure level higher than 90 decibels measured from a distance of 50 feet from the place of the action, or if the source of the sound is on private property, measured from the nearest property line. (D) Any noise of an impulsive or intermittent character, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of 50 feet, or at the nearest property line, whichever is closer: "A" SCALE LIMITS (Fast Meter Response) DISTRICT DAY NIGHT Residential 70 60 Business 80 70 Industrial 85 75 [Ord. No. 2-74, §2, 5 Feb. 1974] 2 § 711.03 NOISE ABATEMENT § 711.04 Sec. 711.03 Method of Measurement Described. The microphone used to measure the loudness of a noise shall be placed at any point on the property line or a point 50 feet distant from the noise being measured, no closer than 5 feet from any wall not less than 4 feet above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level meter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1.4- 1971, which has been calibrated in accordance with ANSI standards. [Ord. No. 2-74, § 3, 5 Feb 1974] Sec. 711.04 Exceptions. (A) Sound created by emergency activities or vehicles, sounds giving warning of emergencies, sounds customarily signalling particular times of day and sounds created by gasoline powered garden equipment shall be exempt from the provisions of this Chapter. (B) If the applicant can show to the City Manager or his designee that a diligent investi- gation of available noise abatement techniques indicates that immediate compliance with the requirements of this Chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Chapter may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in advance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon a showing of good cause. [Ord. No. 2-74, § 4, 5 Feb. 1974] 3 § 711.05 NOISE ABATEMENT § 711.05 Sec. 711.05 Penalty Provided. Any person violating any of the provisions of this Chapter shall be punished as provided in § 801.03. [Ord. No. 2-74, § 5, 5 Feb. 1974] 4 § 711.01 NOISE ABATEMENT § 711.02 CHAPTER 711 NOISE ABATEMENT Sec. 711.01 Policy to Prohibit Noise Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulations is a matter of legisla- tive determination and public policy and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No 2-74, §1, 5 Feb. 1974] Sec. 711.02 Excessive Noise Defined and Prohibited. No person shall, within the limits of the City of Cape Canaveral, create or cause to be created any unreasonably lord, unnecessary or disturbing noise. A noise shall be deemed to be unreasonably loud and a violation of this Chapter under the following circumstances: (A) Any sound radiated for continuous or recurrent periods, from any premises that produces sound pressure levels at any point on the property line of said premises or adjacent dwelling unit, in excess of the following "A" Scale Limits, slow meter response, measured in decibels: "A" SCALE LIMITS DISTRICT DAY NIGHT Residential 65 60 Business 75 70 Industrial 80 75 §711.03 NOISE ABATEMENT §711.04 Sec. 711.03 Method of Measurement Described. The microphone used to measure the loudness of a noise shall be placed at any point on the property line of a point 50 feet distant from the noise being measured, no closer than 5 feet from any wall not less than 4 feet above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level metter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1.4- 1971, which has been calibrated in accordiance with ANSI standards. [Ord. No. 2-74, §3, 5 Feb 1974] Sec. 711.04 Exceptions. (A) Sound created by emergency activities or vehicles, sounds giving warning of emergencies, sounds customarily signalling particular times of day and sounds created by gasoline powered garden equipment shall be exempt from the provisions of this Chapter. (B) If the applicant can show to the City Manager or his designee that a diligent investi- gation of available noise abatement techniques indicates that immediate compliance with the requirements of this Chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Chapter may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in advance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon a showing of good cause. [Ord. No. 2-74, §4, 5 Feb. 1974] § 711.05 NOISE ABATEMENT §711.05 Sec. 711.05 Penalty Provided. Any person violating any of the provisions of this Chapter shall be punished as provided in §801.03. [Ord. No. 2-74, §5, 5 Feb. 1974] § 711.02 NOISE ABATEMENT § 711.02 (B) Any sound emanating from an automobile, truck, motorcycle, motor bus or other vehicle weighing less than 10,000 lbs GVW, in excess of the following "A" Scale Limits, measured with fast meter response from a distance of 50 feet from the centerline of the lane in which the vehicle is traveling. (1) On any street where the speed limit is below 40 mph, 72 decibels; (2) On any street where the speed limit is 40 mph or above, 82 decibels. (C) Any sound emanating from the construction or demolition of buildings or structures, or from the maintenance or construction of streets or highways, having a sound pressure level higher than 90 decibels measured from a distance of 50 feet from the place of the action, or if the source of the sound is on private property, measured from the nearest property line. (D) Any noise of an impulsive or intermittent character, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of 50 feet, or at the nearest property line, whichever is closer: "A" SCALE LIMITS (Fast Meter Response) DISTRICT DAY NIGHT Residential 70 60 Business 80 70 Industrial 85 75 [Ord. No. 2-74, § 2, 5 Feb. 1974] Chap 711 NOISE ABATEMENT or 2-74 is in code OK as in Code pull originals in code is this okay yes ORDINANCE NO. 2-74 AN ORDINANCE REGULATING NOISE WITI-IIN THE CITY OF CAPE CANAVERAL, FLORIDA; ESTABLISHING CERTAIN NOISE STANDARDS; PROVIDING FOR EN- FORCEMENT AND PENALTIES; REPEALING ORDINANCE NO. 21-72 AND ANY OTHER ORDINANCES IN CONFLICT I-IEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offens- ive noises from all sources subject to its police powers. The need for noise regulation is a matter of legislative determination and public policy and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the City of Cape Canaveral, Florida, and the people residing therein. SECTION 2. No person shall, within the limits of the City of Cape Canaveral, create or cause to be created any unreasonably loud, unnecessary or disturbing noise. A noise shall be deemed to be unreas- onably loud and a violation of this Ordinance under the following circumstances: (a) Any sound radiated for continuous or recurrent periods, from any premises that produces sound pressure levels at any point on the property line of said premises or adjacent dwelling unit, in excess of the following "A" Scale Limits, slow meter response, measured in decibels: "A" SCALE LIMITS DISTRICT DAY NIGHT Residential 65 60 Business 75 70 Industrial 80 75 (b) Any sound emanating from an automobile, truck, motorcycle, motor bus or other vehicle weighing less than 10, 000 lbs GVW, in excess of the following "A" Scale Limits, measured with fast meter response from a distance of 50 feet from the centerline of the lane in which the vehicle is traveling. (1) On any street where the speed limit is below 40 MPH 72 decibels; (2) On any street where the speed limit is 40 MPH or above 82 decibels. (c) Any sound emanating from the construction or demolition of buildings or structures, or from the maintenance or construction of streets or highways, having a sound pressure level higher than 90decibels measured from a distance of 50 feet from the place of the action, or if the source of the sound is on private property, measured from the near- est property line. (d) Any noise of an impulsive or intermittent character, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of 50 feet, or at the nearest property line, whichever is closer: "A" SCALE LIMITS - Fast Meter Response DISTRICT DAY NIGHT Residential 70 60 Business 80 70 Industrial 85 75. SECTION 3. The microphone used to measure the loudness of a noise shall be placed at any point on the property line or a point 50 feet distant from the noise being measured, no closer than 5 feet from any wall not less than 4 feet above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level meter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1. 4-1971, which has been calibrated in accordance with ANSI standards. SECTION 4. (a) Sound created by emergency activities or vehicles, sounds giving warning of emergencies, sounds customarily signalling particular times of day and sounds created by gasoline powered garden equipment, shall be exempt from the provisions of this Ordinance. (b) If the applicant can show to the City Manager or his designee that a diligent investigation of available noise abatement techniques in- dicates that immediate compliance with the requirements of this Ordinance would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Ordinance may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in advance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon a showing of good cause. §801.03 SECTION 5. Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be fined in an amount not ex- ceeding two hundred dollars ($200. 00) or imprisonment not to exceed five (5) days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. SECTION 6. If any provision, clause, sentence, or paragraph of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Ordinance which can be given effect without the invalid provisions or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 7. Ordinance No. 21-72 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8. This Ordinance shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral. Florida, this 5TH day of FEBRUARY , 1974. [signature] Mayor Attest: [signature & seal] City Clerk Approved as to form: [signature] City Attorney First reading: Dec. 18/73 Advertised: Dec. 24/73 Posted: Dec. 19/73 Second reading: FEBRUARY 5, 1974 NAME YES NO ABS MACLAY YES RHAME YES RUTOWSKI YES SALVAGGIO YES THURM NO MICROFILMED 3-14-80 SECTION 4. (a) Sound created by emergency activities or vehicles, sounds giving warning of emergencies, sounds customarily signalling particular times of day and sounds created by gasoline powered garden equipment, shall be exempt from the provisions of this Ordinance. (b) If the applicant can show to the City Manager or his designee that a diligent investigation of available noise abatement techniques in- dica.tes that immediate compliance with the requirements of this Ordinance would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Ordinance may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in advance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon .a showing of good cause. 1981 Codified SECTION 5. Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be fined in an amount not ex- ceeding two hundred dollars ($200.00) or imprisonment not to exceed five (5) days. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. SECTION 6. If any provision, clause, sentence, or paragraph of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Ordinance which can be given effect without the invalid provisions or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 7. Ordinance No. 21-72 and all other ordinances or arts of ordinances in conflict herewith are hereby repealed. SECTION 8. This Ordinance shall become effective immediately Chapter 711 Ord No 2-74 Noise Abatement Chap. 711 l. Rutowski Sec. 711.01 Policy to Prohibit Noise Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offens- ive noises from all sources subject to its police powers. The need for noise regulation is a matter of legislative determination and public policy and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No. 2-74, §1, 5 Feb 1970] Sec. 711.02 Excessive Noise Defined and Prohibited. No person shall, within the limits of the City of Cape Canaveral, create or cause to be created any unreasonably loud, unnecessary or disturbing noise. A noise shall be deemed to be unreas- onably loud and a violation of this Ordinance under the following circumstances: (A) Any sound radiated for continuous or recurrent periods, from any premises that produces sound pressure levels at any point on the property line of said premises or adjacent dwelling unit, in excess of the following "A" Scale Limits, slow meter response, measured in decibels: "A" SCALE LIMITS DISTRICT DAY NIGHT Residential 65 60 Business 75 70 Industrial 80 75 (B). Any sound emanating from an automobile, truck, motorcycle, motor bus or other vehicle weighing less than 10, 000 lbs GVW, in excess of the following "A" Scale Limits, measured with fast meter response from a distance of 50 feet from the centerline of the lane in which the vehicle is traveling. (1) On any street where the speed limit is below 40 MPH 72 decibels; (2) On any street where the speed limit is 40 MPH or above 82 decibels. (C). Any sound emanating from the construction or demolition of buildings or structures, or from the maintenance or construction of streets or highways, having a sound pressure level higher. than 90 decibels measured from a distance of 50 feet from the place of the action, or if the source of the sound is on private property, measured from the near- est property line. (D). Any noise of an impulsive or intermittent character, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of 50 feet, or at the nearest property line, whichever is closer: "A" SCALE LIMITS - Fast Meter Response DISTRICT DAY NIGHT Residential 70 60 Business 80 70 Industrial 85 75. [Ord. No. 2-70, §2, 5 Feb. 1974] Sec. 711.03 Method of Measurement Described. The microphone used to measure the loudness of a noise shall be placed at any point on the property line or a point 50 feet distant from the noise being measured, no closer than 5 feet from any wall not less than 4 feet above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level meter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1.4-1971, which has been calibrated in accordance with ANSI standards. [Ord. No. 2-74, §3, 5 Feb. 1974] Sec. 711.04 Exceptions. (A). Sound created by emergency activities or vehicles, sounds giving warning of emergencies, sounds customarily signalling particular times of day and sounds created by gasoline powered garden equipment, shall be exempt from the provisions of this Ordinance. (B). If the applicant can show to the City Manager or his designee that a diligent investigation of available noise abatement techniques in- . dicates that immediate compliance with the requirements of this Ordinance would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Ordinance may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in advance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon a showing of good cause. [Ord. No. 2-74, §4, 5 Feb. 1974] Sec. 711.05 Penalty Provided. Any person violating any of the provisions of this Ordinance shall, be punished as provbided in §801.03. [Ord. No. 2-74, §5, 5 Feb. 1974] [this entire page is crossed out]