§ 99.03. LOUD AND UNNECESSARY NOISES PROHIBITED.
It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, or unnecessary noise, which shall apply in all areas of the city, twenty-four (24) hours a day, seven (7) days a week, except as specified otherwise herein.
(A)
Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter. This enumeration does not constitute an exclusive list.
(1)
Radios, televisions, musical instruments, loudspeakers, etc. Using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, loudspeaker, public address system, sound truck or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto.
(a)
The operation of any such set, instrument, machine or device 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 boundaries of the property surrounding the device or the building, structure, or vehicle in which the device is located, except as set forth in Section 99.03(A)(1)(a)(i), shall be prima facie evidence of a violation of this section.
(i)
For buildings or structures used for commercial purposes in the shaded area designated in the map below, operation of any such set, instrument, machine or device between the hours of 12:01 a.m. and 7:00 a.m. Monday through Friday and between the hours of 1:00 a.m. and 7:00 a.m. on Saturday and Sunday in such a manner as to be plainly audible at a distance of one hundred (100) feet from the boundaries of the property in which the device is located shall be prima facie evidence of a violation of this section.
(ii)
The 100-feet distance shall be measured in a straight line from any point on the property line of the sound source as shown in the accompanying illustration.
(b)
Where the noise source is located in a building or other structure, the owner, occupant, resident manager or other person in charge of the premises shall, if present, be presumed to have permitted the noise in the absence of evidence to the contrary.
(2)
Animals and Birds. Owning, possessing or harboring any dog, animal or bird which causes frequent, habitual or long continued noise which is plainly audible at a distance of one hundred (100) feet from the building, structure or yard in which the dog, animal or bird is located. This provision shall not apply to public zoos.
(3)
Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects in a manner as to cause an unreasonably loud or excessive sound.
(4)
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work in such a manner as to create an unreasonably loud or excessive sound or vibration.
(a)
The provisions of subsection (A)(4) of this Section shall not prohibit construction, drilling or demolition work between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and between 8:00 a.m. and 4:00 p.m. on Saturdays, nor prohibit the use of any temporary pumps or machinery which are required to be operated twenty-four (24) hours a day in conjunction with construction work. Subsection (A)(4) shall also not apply to emergency work for public utilities or where there is an exemption pursuant to Section 99.04 or where a temporary permit has been issued pursuant to Section 99.05.
(b)
The provisions of subsection (A)(4) shall not apply to the use of domestic power tools subject to subsection (A)(12) of this Section.
(5)
Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an unreasonably loud or excessive sound.
(6)
Refuse Collection Vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 6:00 a.m.
(7)
Stationary Mechanical Noise Source. Operating or permitting the operation of stationary mechanical sources including but not limited to pumps (except for pumping done pursuant to subsection (A)(4)(a) of this Section), motors, fans, compressors, powered tools or similar devices, air conditioning or air-handling systems, and cooling towers in a manner as to exceed sixty (60) decibels (dB[A]) when measured at any point on neighboring property line.
(8)
Vibration. Operating or permitting the operation of any device on a property, including bass emanating from audio speakers, so as to produce vibration that is unreasonable.
(9)
Stationary Nonemergency Signaling Devices. Sound or permitting the sounding of any signal from any stationary bell, chime, siren, whistle or similar device intended primarily for nonemergency purposes, from any place, for more than ten (10) seconds in any hourly period. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.
(10)
Emergency Signaling Devices.
(a)
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling devices, except for emergency purposes or for testing, as provided in subsection (A)(10)(b) of this Section.
(b)
(1)
Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall the test time exceed sixty (60) seconds and five (5) minutes for emergency generators.
(2)
Testing of the complete emergency signaling system, including the functioning of the emergency signaling device and the personnel response to the emergency signaling device shall not occur more than once in each calendar month. This testing shall not occur before 7:00 a.m. or after 7:00 p.m. The time limit for the test time specified in subsection (A)(10)(b)(1) shall not apply to the complete system testing.
(c)
The sounding or permitting the sounding of any exterior burglar or fire alarm shall comply with the provisions of Chapter 112.
(11)
Motor Vehicles Operating on a Public Right-of-Way. Motor vehicles on a Public Right-of-Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended.
(12)
Domestic Power Tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar device used in residential areas between the hours of 8:00 p.m. and 7:00 a.m.
(13)
Schools, Courts, Hospitals. The creation of any excessive or unreasonably loud noise on any street adjacent to any school, institution of learning, house of worship or court while the same are in use, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, or which disturbs or unduly annoys the patients in the hospital, provided conspicuous signs are displayed in such streets indicating that it is a school, hospital or court street.
(14)
Tampering. The removal or rendering inoperative by any person other than for purposes of maintenance, repair or replacement, of any noise control device or element of design of any product having those devices.
(15)
Operation of Aircraft; Mufflers. Operating an aircraft over the corporate limits of the City that is not equipped with an adequate muffler ordinary for any such aircraft. Said muffler must be used in constant operation so as to prevent any excessive or unnecessary noise.
(Ord. No. 27-12, § 2, passed 9/4/12; Ord. No. 14-13, § 3, passed 8/20/13; Ord. No. 30-13, § 2, passed 11/19/13)