HomeMy WebLinkAboutOrdinance No. 20-1973,
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ORDINANCE N0.20 -73
AN ORDINANCE DECLARING POLICY TO ABATE NOISE;
ESTABLISHING SOURCE NOISE STANDARDS WHICH
APPLY TO: ALL SOURCES, FIXED MACHINERY, NON
STATIONARY SOURCE TESTING, TRANSPORTATION AND
RECREATIONAL VEHICLES, SPECIAL SERVICES, AND
MISCELLANEOUS DEVICES; ESTABLISHING PERSONAL
SAFETY NOISE STANDARDS; PROVIDING FOR VARIAN-
CES: PROVIDING FOR ENFORCEMENT AND PENALTIES;
REPEALING ORDINANCE N0. 21-72; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
IN GENERAL
SECTION 1. Declaration of Policy. It is hereby declared
;.to be the policy of the City of Cape Canaveral to prohibit un-
;necessary, excessive and offensive noises from all sources sub-
ject to its police power. Above certain levels, noise is det-
rimental to the health, safety and welfare of the citizenry and
;in the public interest shall be systematically proscribed. See
;Report to the President and Congress on Noise, Environmental
Protection Agency report NRC500.1 (Dec. 31, 1971), Pollution
Control Laws of Florida, Chap. 403, Fla. Stat:.
SECTION 2. Definitions. The following American National
Standards published by the American National Standards Institute,
`Inc. shall be reference technical standards for this ordinance:
S1.1 -1960 Acoustical Terminology
S1.2 -1962 Physical Measurement of Sound, Method for
S1.4 -1971 Sound Level Meters, Specification for
S1.8 -1969 Preferred Reference Quantities for Acoustic Levels'
S1.13 -1971 Sound Pressure Levels, Methods for the Measure-
ment of
As used in this ordinance, unless the context clearly indi-
cates otherwise, the following words and phrases are defined to
mean and include:
(a) SOUND LEVEL. Sound level (noise level) in decibels is
the level measured on the A- weighted scale as defined in American
National Standard S1.4 -1971T sections 2 and 3.
Page 1 of 16 (Ord. 20 -73)
3 -140
ICROF1LME
(b) AMBIENT NOISE, AMBIENT NOISE LEVEL.
Ambient noise
is the all- encompassing noise associated with a given environment,
'being a composite of sounds from many sources
near and far. For
the purpose of this ordinance, ambient noise level is the average
over 15 minutes excluding random or intermittent noises and the
alleged offensive noise at the location and time of day at which
a comparison with an alleged offensive noise is to be made.
Averaging may be done by instrumental analysis in accordance
with American National Standard S1.13-1971 or may be done manual
as follows:
1. Observe a sound level meter for five seconds and record
the best estimate of central tendency', of the indicator
needle, and the highest and lowest indications.
2. Repeat the observations as many times, as necessary to
provide that observations be made at the beginning and
at the end of the 15 minute averaging period and that
there shall be at least as many additional observations
as there are decibels between the lowest low indication
and the highest high indication.
3. Calculate the arithmetical average of the observed
central tendency indications.
(c) NON - STATIONARY SOURCE. A non - stationary source is a
machine or device capable of being moved from place to place for
3 occasional or temporary use at a given location including, but
not limited to, powered lawn mowers, chain sawn, bulldozers, and
power saws.
(d) FIXED SOURCE. A fixed source is a machine or device
capable of creating a noise level at the property upon which it
is regularly located, including but not limited to: industrial
and commercial process machinery and equipment, pumps, fans, air -
conditioning apparatus or refrigeration machines.
(e) EMERGENCY WORK. Emergency work shall mean work made
necessary to restore property to a safe condition following a
public calamity or work required to protect persons or property
from an imminent exposure to danger or work by private or public
utilities when restoring utility service.
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CR : ° LMED 344.80
O PERSON. Person shall mean a person, firm, association,
copartnership, joint venture, corporation, or any entity, public
or private in nature.
(g) MOTOR VEHICLE. Motor vehicles shall include any and
all self- propelled vehicles as defined in the Florida uniform
traffic control law, § 316.003 (21), Fla. Stat., including all
off- highway type motor vehicles exempted from Said law.
(h) COMMERCIAL PURPOSE. Commercial purpose shall mean
and include the use, operation, or maintenance of any sound amp-
lifying equipment for the purpose of advertising any business, or
any goods, or any services, or for the purpose of attracting the
attention of the public to, or advertising for, or soliciting pat-
ronage or customers to or for any performance, show, entertain-
ment, exhibition, or event, or for the purpose of demonstrating
any such sound equipment.
(5) NON - COMMERCIAL PURPOSE. Non commercial purpose shall
mean the use, operation, or maintenance of any sound equipment
for other than a commercial purpose. Non - commercial purpose
shall mean and include, but shall not be limited to, philanthropic
political, patriotic, and charitable purposes.
(J) UNNECESSARY, EXCESSIVE, OR OFFENSIVE NOISE. Unnec-
cessary, excessive, or offensive noise shall mean any sound or
noise conflicting with the criteria, standards, or levels set
forth in this ordinance for permissible noises. In the absence
of specific maximum noise levels, a noise level which exceeds
the ambient noise level by 5 dBA or more, when measured at the
nearest property line or, in the case of multiple - family resid-
ential buildings, when measured anywhere in one dwelling unit
with respect to a noise emanating from another dwelling unit or
from common space in the same building, shall be deemed a prima
facie violation of this ordinance.
(k) POWERED CONSTRUCTION EQUIPMENT. Powered construction
equipment includes any tools, machinery, or equipment used in
connection with construction operations which can be driven by
energy in any form other than manpower, including all types of
motor vehicles when used in the construction process on any con-
struction site, regardless of whether such construction site be
located on- highway or off - highway.
Dnaga nF 1h ro,A 7r1-7)
M �CROFJL ED 344-80
(1) ZONING DISTRICTS. Zoning districts shall be as
defined and described in Cape Canaveral Zoning Ordinance no. 12 -71
as amended.
SECTION 3. Noise Level Measurement. For the purpose of
enforcement of the provisions of this ordinance, noise levels
shall be measured on the A- weighted scale with, a sound level
meter satisfying at least the applicable requirements for Type 2
sound level meters as defined in American National Standard
S1.4 -1971. The meter shall be set for slow response speed, ex-
cept that for impulse noises or rapidly varrying sound levels,
fast response speed may:be used. Prior . to each series of meas-
urements, the -meter shall be verified and adjusted to I0.3.dB
by means of an acoustical -calibrator.
For outside measurements the microphone shall be 1.5 meters
(5 feet)' above the: - ground, at least 1.5 meters (5 feet) distant
from walls or similar large reflecting surfaces, and shall be
protected from the effects of wind noises and other extraneous
sounds by the use of screens, shields or other appropriate dev-
ices; for inside measurements, the microphone shall be at least
1 meter (3 feet) distant from any wall, and the average measure-
ment of at least three microphone positions throughout the room
shall be determined.
The distance from a source at which the measurement is, made
1
should be known to a tolerance of +10 percent. The measurement
should, preferabl? be along the axis of directivity of the
noise.
Notwithstanding the specification of a numerical distance
for maximum level measurement elsewhere in this ordinance, a
different distance can be used if the equivalent maximum level
at that different distance is calculated and applied in accord-
ance with the following relationship:
where,
SPLnew = SPLspec + 20 log Rspec
R new
SP: L cw = Sou.nd.. Pressure_ Leve l
at new distance Rnew
S PL spec= Sound Pressure Level
at specified distance R
spec
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MICROFILMED 3- 1.4-80
SOURCE NOISE STANDARDS - ALL SOURCES
SECTION 4. General Community Noise Regulations. Not-
withstanding any other provision of this ordinance, and in addi-
tion thereto, it shall be unlawful for any person without justi-
fication to make or continue, or cause or permit to be made or
continued, any unnecessary, excessive, or offensive noise, as
'defined. in Section 2 (j), which disturbs the peace or quiet of
any neighborhood or which causes discomfort or annoyance to any
;reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining
whether a violation of the provisions of this section exists shall
include, but not be limited to, the following:
(a) FEASABILITY. The burden of justification for the
'emission of a noise shall be great if it can be abated by simple
control or action, or by using available current technology with-
out severe economic hardship. However, severe economic hardship shl
0 not represent an absolute justification. It may be the basis for
planned, gradual abatement over a period of time soy as to accom
odate the economic hardship.
(b) IMPACT ON SLEEPING. The burden of justification for
the emission of a noise shall be great if the source is in
proximity to residential sleeping facilities and affects the
;sleeping of those within.
(c) LEVEL. The burden of justification for the emission
of a noise shall be proportional to its level above the ambient
noise level as measured in the Section 2 (k) procedure.
(d) PERSONS AFFECTED. The burden of justification for
the emission of a noise shall be proportional to the population
density of the area within which the noise emanates.
(e) TIME OF DAY. The burden of justification for the
emission of a noise shall be greater during the night than during
the day.
(f) RATE OF OCCURRENCE. The burden of justification
for the emission of a constant noise shall be greater than for a
recurrent noise. The burden of justification for the emission of
a recurrent noise shall be greater than for an intermittant or
transient noise.
Pa6A C of 16 (Ord. 20-73)
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MICROFILMED 3- 14-80
(g) DURATION. The burden of justification for the
as emission of a noise shall be proportional to its duration on
occurrence.
(h) ZONING DISTRICT. The burden of justification for
the emission of a noise shall be greater when it emanates from
within a residential zoning district than from within a commer-
cial or manufacturing zoning district.
(i) COMMERCIAL ACTIVITY. The burden', of justification
for the emission of a noise shall be greater if it is the result
of a commercial activity.
(j) NATURAL SOURCES. The burden of justification for
the emission of a noise shall be reduced if it is emitted from
human or animal sources without the use of electrical or mech-
anical devices.
(k) PROTECTED SPEECH. The burden of justification for
the emission of a noise shall be reduced if it falls within the
ambit of speech protected by the First Amendment to the U.S.
IConstitution.
SECTION 5. Noise Regulations near Schools, Hospitals,
and Churches. It shall be unlawful for any person to create any s
1 unnecessary, excessive or offensive noise on any street, side -
walk, or public place adjacent to any school, institution of
learning, or church while any of the same is ih use, or adjacent
I to any hospital at any time, provided conspicuous signs are dis
i
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played in such streets, sidewalk or public place indicating the
presence of a school, institution of learning,', church, or hos-
pital.
SOURCE NOISE STANDARDS - FIXED MACHINERY
SECTION 6. District Noise Regulations.
(a) = Except '- as° ' provided 'for' `n subsection (b): hereof,
in Zoning Districts R -1, R -2, R -3, aritdiTR -1, on 4nd.after a date
six months after the effective date of this ordinance, in Zoning
Districts C -1, C -2, and T -1, on and after a date twelve months
after the effective date of this Ordinance, and in Zoning Dis-
tricts M -1, M -2, and M -3, on and after a date twenty -four months
after the effective date of this Ordinance, it shall be unlawful
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MICROFILMED 344-80
1 for any person to operate any fixed machinery or equipmeft, or
similar mechanical device in any manner so as to create any noise
'which would cause the noise level measured at the property line
of the property affected by the noise emission. Noise shall not
exceed the following:
, Zoning District
C-1, C-2, T-1 )
)
)
M-1, M-2
M-3
Time Period Sound Level - dBA
10 P.M. ,7 A.M. 50
7 A.M. - 10 P.M. 55
10 P.M. - 7 A.M. 55
7 A.M. - 10 P.M. 60
10 P.M. - 7 A.M. 60
7 A.M. - 10 P.M. 70
Anytime 70
Anytime 75
unless said person has filed an Application for Variance in accor-
dance with the provisions of this ordinance.
two zoning districts, the lower sound level shall apply.
If the measurement location is on a boundary between
(b)- The-provisions-of stibtectitifvla) Oft'thissedtionL
thallnot be applicable,t6 any, emergSncy sighaIlingdevicesfret..'
quired, by law; nor'to any standby'equipment=opetated,only'in
emergency situations, provided that such standby equipment shall
not emit noise at a level in excess of 75 dBA when measured at
the property line of the property whereon it is located.
SOURCE NOISE STANDARDS - NON-STATIONARY SOURCE TESTING.
SECTION 7. Residential District Non-Stationary Noise
Regulations. It shall be unlawful for any person within any
;residential area of the City to repair, rebuild, or test any motor'
vehicle or non-stationary source in such a manner as to cause
unnecessary, excessive or offensive noise as defined in Section
2 (k).
Page 7 of 16 (Ord. 20-73)
M ICROFILMtD344.80
SOORCEzNOTSE STANDARDS - TRANSPORTATION AND RECREATION
VEHICLE SYSTEMS
SECTION 8. Motor Vehicles, Street and Highway Use.
Except as otherwise provided in this ordinance, it shall be unlaw-
ful to operate any motor vehicle of any type on any street or
highway as defined in the Florida uniform traffic control law, in
any manner so as to emit noise in excess of thy: following levels
15 meters
when measured at a distance of A(50 feet)', from the vehicle:
Type Vehicle
Any type of motor vehicle with a
i manufacturer's gross vehicle
' weight of 6000 pounds or more
as defined in the Florida uniform
Ltraffic control law.
Any motorcycle other than a motor-
11 driven cycle, as defined in the
!;Florida uniform traffic control
law.
Any other on- highway type motor
vehicle except motor - driven cycles,
as defined in the Florida uniform
traffic control law, and any com
bination of vehicles towed by such
motor. vehicles..
In Any in Any
Residential Other
Zoning District Zoning. District
82 dBA 92 dBA
77 dBA 87 dBA
74 dBA 84 dBA
Any off - highway type motor vehicle 70 dBA 80 dBA
with a manufacturer's gross vehicle
weight of less than 6000 pounds,
and any motor - driven cycle, all as
defined in the Florida uniform
1 traffic control law, and any other
motor vehicle which may be exempt
from said law.
Nothing is this Section shall apply to authorized emer-
gency vehicles when being used in emergency situations.
SECTION 9. Motor Vehicles, Off - Highway Use. Except as
otherwise provided in this ordinance, it shall be unlawful to
operate any motor vehicle of any type on any site not located on
a public street or highway as defined in the Florida uniform
traffic control law, in any manner so as to emit noise in excess
15 meters
of the following levels when measured at a distance of _A(50
feet) from the vehicle:
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MICR, dLiv1LD3.14.80 ..
ORDINANCE N0. 20 -73 SECOND READING AMENDMENT (PROPOSED):
SECTION 9.1 Exhaust Systems; Prevention of Noise.
'Every motor vehicle shall at all times be equipped with an engine
(.exhaust system which shall include a muffler, manifold, and assoc-
iated piping. Said exhaust system shall be in constant operation
while the engine is operating and shall not contain any holes,
}cracks, or voids caused by wear, oxidation, or alteration. Nor
;shall the internal baffles or other internal components of any
standard exhause system be altered. Nor shall the standard exhaust
,system be replaced with any other system which is less effective
/iin reducing noise. Standard for purposes of enforcing this section
'shall mean "that exhaust system normally furnished by the manufac-
1
turer of the vehicle in which the engine was originally contained.
Page 9 of 16 (Ord. 20-73)
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MICRCFILIVIED 344-80
Type Vehicle
;Any type of motor vehicle with a
;manufacturer's gross vehicle
weight of 6000 pounds or more
as defined in the Florida uniform
traffic control law 82 dBA
Any motorcycle other than a motor -
!driven cycle, as defined in the
1Florida uniform traffic control
flaw 77 dBA
Any other on- highway type motor
!vehicle except motor- driven cycles,
as defined in the Florida uniform
traffic control law, and any com-
?bination of vehicles towed by such
1motor vehicles 74 dBA
Any off- highway type motor vehicle
with a manufacturer's gross vehicle
'weight of less-than 6000 pounds,
!and any motor - driven cycle, all as
defined in the Florida uniform
traffic control law, and any other
motor vehicle which may be exempt
from said law 70 dBA
Nothing in this Section shall apply to authorized emer-
gency vehicles when being used in emergency sitfuations.
SOURCE`:NOISE STANDARDS - SPECIAL SERVICES
SECTION 10. Waste Disposal Services. It shall be unlaw-
`ful for any person authorized to engage in waste disposal services;
or garbage collection to provide such services so as to create an
unnecessary amount of noise, in the
y , judgment of the City Manager
or his authorized representative. For the purpose of this sec-
tion, noise emitted by equipment shall not be deemed unnecessary
or without justification if the person engaged in such services
has, to the extent reasonably feasible in the judgment of the
City Manager, incorporated available sound - deadening devices into
equipment used in rendering those services.
Notwithstanding the foregoing, it shall be unlawful for
any person authorized to engage in waste disposal services, or
garbage collection to operate any truck - mounted waste or garbage
loading and /or compacting equipment or similar mechanical device a
in any manner so as to create any noise exceeding the following
15 meters
levels when measured at a distance of/(50 feet)from the equipment:
(a) On and after a date 6, months after the effective
{ date of this ordinance 80 dBA;
MICR0FILMED3- 14.80
(b) On and after a date 66 months after the effective
j date of this ordinance 75 dBA;
unless said person has filed an Application for Variance in
accordance with the provisions of this ordinance.
SECTION 11. Construction Equipment.
(a) Except as provided for in subsections (c) and (d)
hereof, on and after a date six months after the effective date
of this ordinance, it shall be unlawful for any person, including
the City of Cape Canaveral, to operate any powered construction
=equipment, regardless of age or date of acquisition, if the oper-
ation of such equipment emits noise at a level in excess of 85 dBA
30 meters
11 when measured at a distance of (100 feet) from such
11 equipment, or an equivalent sound level at some other convenient
distance.
(b) Except as provided for in subsections (c) and (d)
L hereof, on and after a date forty -two months after the effective
date of this ordinance, it shall be unlawful for any person, .
including the City of Cape Canaveral, to operate any powered con-
struction equipment, regardless of age or date of acquisition,
if the operation of such equipment emits noise at a level in
30 meters
excess of 80 dBA when measured at a distance of n(100`
feet) from such equipment, or an equivalent sound level at some
other convenient distance.
(c) The provisions of subsections (a) and (b) of this
section shall not be applicable to impact tools and equipment,
provided that on or after a date six months after the effective
date of this ordinance, such impact tools and equipment shall
have intake and exhaust mufflers recommended by the manufacturers 1
thereof and approved by the Building Official as best accomplish-
ing maximum noise attenuation, and that pavement breakers and
jackhammers shall also be equipped with acoustically attenuating
shields or shrouds recommended by the manufacturers thereof and
approved by the Building Official as best accomplishing maximum
noise attenuation. In the absence of manufacturer's recommenda-
tions the Building Official may prescribe such means of accom-
plishing maximum noise attenuation as he deems to be in the public
Page 11 of 16 (Ord. 20 -73)
interest
l ICROFItLMED 3.14.80
(d) The provisions of subsections (a) and (b) of this
section shall not be applicable to construction equipment used in
connection with emergency work.
SECTION 12. Construction Work at Night. It shall be
unlawful for any person, between the hours of eight o'clock p.m.
of any day and seven o'clock a.m. of the following day to erect,
construct, demolish, excavate for, alter or repair any building
or struc ture if the noise level created thereby is in excess of
the ambi ent noise level by 5 dBA at the nearest property line,
unless a special permit therefor has been applied for and granted
by the Building Official. In granting such special permit, the
Building Official shall consider if construction noise in the
vicinity of the proposed work site would be less objectionable at
night than during daytime because of different population levels
or different neighboring activities, if obstrudtion and inter-
ference with traffic, particularly on streets of major importance
would be less objectionable at night than during daytime, if the
kind of work to be performed emits noises at such a low level as
to not cause significant disturbance in the vicinity of the work
site, if the neighborhood of the proposed work site is primarily
residential in character wherein sleep could be disturbed,
if
great economic hardship would occur if the work were spread over a;
longer time, if the work will abate or prevent hazard to life or
property, if the proposed night work is in the general public
interest; and he shall prescribe such conditions, working times,
types of construction equipment to be used, and permissible noise
emissions, as he deems to be required in the public interest.
The provisions of this section shall not be applicable t
emergency work provided that the Building Official shall be not-
ified of such emergency work forthwith.
NOISE SOURCE STANDARDS - MISCELLANEOUS DEVICES
SECTION 13. Sound Amplifying Equipment. Except amplify-
ing equipment used in authorized emergency vehicles as defined in R
the Florida uniform traffic control law, it shall be unlawful for
any person to use, operate, maintain, or permit to be played,
used or operated any radio or television receiving set, musical
Page 12 of 16 (Ord. (1.-7s)
r-
MICROfILMED3.14.80
;instrument, phonograph, juke box, broadcasting equipment or other
machine or device for the producing, reproducing or amplification
of sound or human voice in such manner as to produce any unnec-
essary, excessive, or offensive noise as defined in section 2 (k),
or between-the hours of 10 o'clock p.m. and 7 o'clock a.m. with
a volume louder than is necessary for convenient hearing for the
person or persons for whom said machine, instrument or device is
operated.
The operation of any such set, instrument, phonograph,
juke box, broadcasting equipment, machine or device between the
hours of 10 o'clock p.m. and 7 o'clock a.m. in:such a manner as
15 meters
iyto be plainly audible at a distance of : (50?: feet)from the
';property line of the property from whence the sound is emitted,
shall be prima facie evidence of a violation -of this section.
PERSONAL SAFETY NOISE STANDARDS
SECTION 14. Sound Levels Which Cause Permanent Hearing
Proscribed. It shall be unlawful for any person to cause the
emission of any noise which exposes himself or others to sound
pressure levels in excess of those shown below.
MAXIMUM PERMISSIBLE EXPOSURE
Duration per day, hours Sound Level dBA
slow response
8 90
6 92
4 95
3 97
2 100
111 102
1 105
110
4 or less 115
Exposure to impulse or impact noise shall not
exceed 140 dBA peak sound pressure level.
(Reference U.S. Dept. of Labor Occupational
Safety and Health Standards, 29 C.F.R. § 1910.95)
Suitable ear protection equipment may be used to protect .
persons exposed to levels exceeding those listed above. If such
protection is used, it shall be the responsibility of the person
causing the emission of said excessive level to provide and re-
quire usage of the ear protection equipment.
The use of ear protection equipment shall not be con-
strued to render inoperative other requirements of this ordinance.
Paaa 1'; of 1h (nrd_ 20-73)
MICROFILMED 344-::
VARIANCES
SECTION 15. Variance Board; Establishment; Functions;
Standards; Procedures. There is hereby created a Variance Board
consisting of three members; one shall be qualified by training and
experience in the field of acoustics or acoustical engineering;
one shall be qualified by training, experience, and registration
in the field of mechanical engineering; one shall be a physician
qualified in the field of physiological effects of noise: Its
functions shall be to evalutate all applications for variance
I/
from the requirements of this ordinance with respect to noises
emitted from truck - mounted waste or garbage loading and /or
compacting equipment, and from fixed sources, and to grant said
variances with respect to time for compliance, subject to such
terms, conditions and requirements as it may deem reasonable to
achieving compliance with the provisions of this ordinance.
Each such variance shall set forth in detail the approved method
of achieving compliance and a time schedule for its accomplish-
ment. In determining the reasonableness of the terms of any
proposed variance, the Board shall consider the magnitude of
nuisance caused by the offensive noise, the uses of property
within the area of impingement by the noise, the time factors
related to study, design, financing and constriction of remedial
work, the economic factors related to age and useful life of
equipment, and the general public interest and welfare. Any var-
iance granted by said Board shall be by resolution and shall be
transmitted to the City Manager for enforcement.
SECTION 16. Appointment; Term; Compensation; Chairman;
Rules. Members of the Variance Board shall be appointed by the
City Council, and shall serve at the pleasure of the City Council
for a term not in excess of five years. Members shall be compen-
sated from filing fees as provided for in Section 18 hereof, and
said compensation shall be at the rate of fifty dollars ($50.00)
per half -day or fraction thereof per member for each meeting
attended. The Variance Board shall elect a Chairman from among
its members, who shall serve., for a term of one year. Said Board::
shall adopt reasonable rules and regulations for its own proced-
ures in carrying out its functions under the provisions of this
ordinance.
MICROFILMED,_ 3 -14-8
SECTION 17. Alternate Members; Meeting In the event
member of the Variance Board, for any reason, is unable to attend
meetings or discharge his duties as a member of said Board for a
period in excess of sixty (60) consecutive days, the City Council
may appoint another similarly qualified person as alternate member
to serve in his place until such time as the permanent member can
resume active participation in the work of said Board. Such alter-
nate member shall, during the time he serves on said Board, have
all the rights, duties and privileges, and he shall be compensated,
all as provided herein for the permanent member in whose place he
is serving. Meetings of the Variance Board shall be held at the
call of the City Clerk and at such times and locations as said
Board shall determine. All such meetings shall be open to the public
SECTION 18. Applicattion, Filing Fees. The owner or operator of
a truck - mounted waste or garbage loading and /or compacting equipment
item or a fixed source which emits noise exceeding the limits set
forth in this ordinance, may file an application with the City Clerk
for a variance wherein said owner or operator shall set forth all
actions taken to comply with said limits, the reasons why immediate
compliance cannot be achieved, a proposed method of achieving com-
pliance, and a proposed time schedule for its accomplishment. Said
application shall be accompanied by a fee in the amount of
one hundred and fifty dollars provided, however, that
in the event that consideration and action by the Variance Board on
an Application for Variance shall require time in excess of one hour,
the application fee shall be increased by one hundred dollars ($100.0
for each hour or fraction thereof of additional time. A separate ap-
plication shall be filed for each equipment item or fixed source; pro
vided, however, that several truck - mounted waste or garbage loading
and /or compacting equipment items under common ownership or several
fixed sources on a single property having identical noise problems
may be combined into one application. Upon receipt of said appli-
cation and fee, the City Clerk shall refer it to the Variance Board
for action thereon in accordance with the provisions of the ordinance
Page 15 of 16 (Ord. 20 -73)
IMPLEMENTATION
MICROFILMED 3-14-80
SECTION 19. Enforcement. The provisions of this ordinance
shall be enforced by the Building Official insofar as said pro-
visions relate to construction operations conducted on private
property under appropriate permits issued pursuant to the Build-
ing Code, Housing Code, Electrical Code and Plubing Code.
Except as set forth hereinabove, the provisions of this
ordinance shall be enforced by the Police Department with the
assistance of such additional persons as the City Manager may
SECTION ON 20. Violations. Any person violating any o f the designate.
provisions of this ordinance shall upon conviction thereof, be
fined in an amount 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.
SECTION 21. Severability. If !.any prov'isioi,' Clause, sent nce,
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 pro-
visions 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 22. Ordinance No. 21 -72 hereby stands repealed.
SECTION 23. This ordinance shall become effective immediately
upon its adoption.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORI;t` 3 —M4— S 3 rd DAY OF JULY, 1973.
NAME
YES
NO
MACLAY
V
RHAME
RUTKOWSKI
SALVAGGIO
THURM
Y
SPONSORING COUNCILMAN
First Reading:, June 5, 1973
Posted: June 6, 1973
Second Reading: July 3, 1973