HomeMy WebLinkAboutOrdinance No. 02-1974M ICROFILMED 3.14 -80
ORDINANCE NO. 2-74
AN ORDINANCE REGULATING NOISE WITHIN 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
HEREWITH; 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
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MICROFILMED 3-14-80
(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.
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-
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.
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
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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
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City Attorney
FEBRUARY , 1974.
First reading: Dec. 18/73
Advertised: Dec. 24/73
Posted: Dec. 19/73
Second reading: FEBRUARY 5, 1974
NAME
YES
NO
ABS
MACLAY
RHAME
V.
RUTKOWSKI
SALVAGGIO
v
THURM
4/