HomeMy WebLinkAboutOrdinance No. 36-1985MICROFILMED AUG 87
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:
(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
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MICROFILMED AUG 87
(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
First Reading 7 -2 -85
Posted: ' 6 -28 -85
Advertiseth' 7 -6 -85
Second Readings 7-16 -85
FISCHETTI
MARCHETTI
NICHOLAS
RUTHERFORD
. (INCHESTER
ORDINANCE NO. 36 -85
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