HomeMy WebLinkAboutOrdinance_199_06/20/1972
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ORDINANCE NO. 199
An Ordinance prohibiting loud and unnecessary
noises and providing a penalty in the event of
its violation.
WHEREAS, the making and creation of excessive, unnecessary or
unusually loud noises within the limits of the Village of Tequesta is a con-
dition which has existed for some time and the extent and volume of such
noises is increasing; and
WHEREAS, the making, creation or maintenance of such excessive,
unnecessary, unnatural or unusually loud noises which are prolonged, un-
usual and unnatural in their time, place and use affect and are a detriment
to public health, comfort, convenience, safety, welfare and prosperity of
the residents of the Village of Tequesta; and
WHEREAS, the necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted, is declared as a
matter of legislative determination and public policy, and it is further
declared that the provisions and prohibitions hereinafter contained and
enacted are in pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity and
the peace and quiet of the Village of Tequesta and its .inhabitants.
NOW, THEREFORE, BE IT ORDAINED by the Village Council of the
Village of Tequesta, Palm Beach County, Florida, as follows:
Section 1. That it shall be unlawful for person to make, continue, or
cause to be made or continued any excessive, unnecessary or unusually loud
noise or any noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of others, within the Village of
Tequesta limits, as prohibited in Section 2 and Section 3 of this Ordinance.
Section 2. Noises prohibited-loud and unnecessary. The following
acts, among others, are declared to be loud, disturbing and unnecessary
noises in violation of this Ordinance, but said enumeration shall not be
deemed to be exclusive, namely:
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(A) Horns, signaling devices, etc. The sounding of any .horn or
signaling device on any automobile, motorcycle or other vehicle
on any street or public place of the Village, except as a danger warning;
the creation by means of any such signaling device of any unreasonable
loud or harsh sound; and the sounding of any such device for an
unnecessary and unreasonable period of time. The use of any signaling
device except one operated by hand or electricity; the use of any
horn, whistle or other device operated by engine exhaust; and the
use of any such signaling device when traffic is for any reason held up.
(B) Radios, Phonographs, etc. The using, operating, or permitting
to be played, used or operated any radio receiving set, musical
instrument, phonograph, 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.
The operation of any such set, instrument, phonograph, machine or
device between the hours of eleven (11) o'clock P. M. and seven (7)
o'clock A. M, in such a manner as to be plainly audible at a distance
of fifty (50) feet from the building, structure or vehicle in whit h it is
located.. shall be prima facie evidence of a violation of the section.
(c) Loud Speakers, Amplifiers for Advertising. The using, operating,
or permitting to be played, used, or operated of any radio receiving
set,rnusical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or reproducing of sound
which is used upon the public streets for the purposes of commercial
advertising or attracting the attention of the public to any building or
structure.
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(D) Yelling, Shouting, etc. Yelling, shouting, hooting, whistling,
or singing on the public streets, particularly between the hours of
11 p. rn, and 7 a. m. or at any time or place so as to annoy or
disturb the quiet, comfort, or repose of persons in any office, or in
any dwelling, hotel or other type of residence, or of any persons in
the vicinity.
(E) Animals, Birds, etc. The keeping of any animal or bird which
by causing frequent or long continued noise shall disturb the comfort
or repose of any persons in the vicinity.
(F) Steam Whistles. The blowing of any locomotive steam whistle
or steam whistle attached to any stationary boiler except to give notice
of the time to begin or stop work or as a warning of fire or danger, or
upon request of proper Village authorities.
(G) Exhausts. The discharge into the open air of the exhaust of any
steam engine, stationary internal combustion engine, motor boat, or
motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(H) Defect in Vehicle or Load. The use of any automobile, motorcycle,
or vehicle so out of repair , so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(I) Loading, Unloading, Opening Boxes. The creation of a loud and
excessive noise in connection with loading or unloading any vehicle or
the opening and destruction of bales, boxes, crates, and containers.
(J) Construction or Repairing of Buildings. The erection (including
excavation), demolition, alteration or repair of any building other than
between the hours of 7 a. m. and 6 p. m. on week days, except in case
of urgent necessity in the interest of public health and safety, and then only
with a permit from the Building Inspector, which permit may be
granted for a period not to exceed three (3) days or less while the
emergency continues and which permit may be renewed for periods of
three days or less while the emergency continues. If the Building
inspector should determine that the public health and safety will mt
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be impaired by the erection, obmolition, alteration or repair of
any building or the excavatirn of streets and highways within the
hours of 6 p, m. and 7 a. m. , and if he shall further determine
that loss or inconvenience would result to any party in interest, he
may grant permission for such work to be done within the hours
of 6 p. m. and 7 a. m. , upon application being made at the time the
permit for the work is awarded or during the progress of the work.
(K) Schools, Courts, Churches, Hospitals. The creation of any
excessive noise on any street adjacent to any school, institution of
learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of such
institution, or which disturbs or unduly annoys patients in the hospital,
provided conspicuous signs are displayed in such streets indicating
that the same is a school, hospital or court street.
(L) Hawkers, Peddlers. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighbor-
hood.
(M) Drums. The use of any drum or other instrument or device for
the purpose of attracting attention by creation of noise to any perfor-
rnance, show or sale.
(N) Metal Rails, Pillars and Columns, Transportation thereof. The
Transportation of rails, pillars or columns of iron, steel, or other
material, over and along streets and other public places upon carts,
trays, cars, trucks, or in any other manner so loaded as to cause
loud noises or as to disturb the peace and quiet of such streets or
other public places.
(O) Pile Drivers, Hammers, etc. The operation between the hours
of 10 p. m. and 7 a. rn. of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist or other appliance, the
use of which is attended by loud or unusual noise.
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(P) Blowers. The operation of any noise-creating blower or power
fan or any internal combustion engine, the operation of which causes
noise due to the explosion of operating gases or fluids, unless the
noise from such blower or fan is muffled and such engine is equipped
with muffler device sufficient to deaden such noise.
Section 3. Noises Prohibited -Decibel Provisions.
(A) Defenitions. For the purposes of this Section of this article, cer-
fain words and phrases used herein are defined as follows:
(1) Ambient noise is the all-encompassing noise associa-
ted with a given environment, being usually a composite of sounds
from many sources, near and far.
(2) "A" Band Level is the total sound level of all noise
measured with a sound level meter using the "A" weighing network.
The unit of measurement is the dB(A).
(3) Bel is a unit of level when the base of logarithm is ten
(10). Use of the bel is restricted to levels of quantities proportional
to power.
(4) Decibel is one- tenth of a bel and is a unit of level when
the base of the logarithm is the ten root of ten (10), and the quantities
concerned are proportional to power.
(5) Sound pressure level, in decibels of sound is twenty (20)
• times the logarithm to the base ten (10) of the ration of the pressure
of this sound to the reference pressure, which reference pressure
must be explicitly stated.
(6) Microbar is a unit of pressure commonlyused in acoustics
and ie :equal to one dyne per square centimeter.
(7) Period of a periodic quantity is the smallest increment
of time for which the function repeats itself.
(8) Periodic Quantity is an oscillating quantity, the values
of which recur for equal increments of time.
(9) Sound-level meter is an instrument including a microphone,
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an amplifier, an output meter, and frequency weighting networks
for the measurement of noise and sound levels in a specified manner.
(10) Person is any person, person's firm, association, co-
partnership, joint, venture, corporation or any entity public or private
in nature.
(11) Emergency Work is work made necessary to restore pro-
perty to a safe condition following a public calamity or work required
to protect persons or property from an imminent exposure to danger.
(12) The above acoustical and/or other terminology shall be
that contained in ANSI s1. 1 "Acoustical Terminology".
(B) General Provisions: Tests for Unlawful Noise. The standards
which shall be considered in determining whether a violation of Section
1 exists shall include, but shall not be limited to, the following:
(1) The volume of the noise.
(2) The intensity of the noise.
(3) Whether the nature of the noise is usual or unusual.
(4) Whether the origin of the noise is natural or unnatural.
(5) The volume and intensity of the background noise, if any.
(6) The proximity of the noise to residential sleeping facilities.
(7) The nature and zoning of the area within which- the noise
emanates.
(9) The time of the day or night the noise occurs.
(10) The duration of the noise.
(11) Whether the noise is recurrent, intermittent or constant.
(12) Whether the noise is produced by a commercial or non-
commercial activity.
(C) Classification of Use Districts - R 1A, R 1, R 2, R 3, C 1 and C 2.
It shall be unlawful to project a sound or noise excluding noise
emanating from cars, tr,ct~s or motorcycles from one property
into another, within the boundary of a use district which exceeds
~rither the limiting noise spectra set forth in Table T below, or
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exceeds the ambient noise level by more than three (3) decibels.
(1) Sound or noise projecting from one use district into
another use district with a different noise level limit, shall not
exceed the limits of the district into which the noise is projected.
(2) Measurement of noise.
(a) The measurement of sound or noise shalt be made
with a decibel or a sound level meter operating on the "A"
weighing scale of any standard design and quality meeting
the standards prescribed by the A.rnerican National Standards
Association. The instruments shall be maintained in cali-
bration and good working order. Measurements recorded
shall be taken as to provide a proper representation of the
noise source. The microphone during measurement shall be
positioned so as not to create any unnatural enhancement or
diminution of the measured noise. A windscreen for the
microphone shall be used when required. Traffic, aircraft
and other transportation noise sources and other background
noises shall not be considered in taking measurements except
where such background noise interferes with the primary noise
being measured.
(b) The slow meter response of the sound level meter
shall be used in order to best determine that the average sound
has not exceeded the standards set forth in Table I below.
(c) The measurement shalt be made at the prope rty line
of the property on which such noise is generated, gar perceived,
as appropriate, five (5) feet above ground.
(d) In the case of an elevated or directional sound or
noise source, compliance with the noise limits is to be
maintained at any elevation at the boundary.
(3) The limits hereinabove referred to shall be in accordance
with the following table:
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TABLE I -LIMITING NOISE LEVELS FOR USE DISTRICTS
Decibels on the "A" weighing scale.
R lA, R 1, R 2, R 3
_,'~ ,:~'
C1andC2
(4) If the noise is not smooth and continuous, one or more of
the corrections in Table II below shall be added to or subtracted from
each of the decibel levels given in Table I of subsection 3 of this section.
TABLE II -TYPE OF OPERATION IN GHA.RACTER OF NOISE
(Correction in Decibels)
Noise source operated less than 20% of any one-hour period; plus 5~~~.
Noise source operated less than 5% of any one-hour period; plus 10=~~.
Noise source operated less than 1% of any one-hour period; plus 15~~.
Noise of impulsive character (hamme ring, etc. ); minus 5.
Noise of periodic character (hum, screech, etc. ); minus 5.
(5) If the noise occurs between the hours of 10 p. m. - 7 a. m.
on Monday through Saturday or at anytime on Sunday or Holidays, 7
(seven) shall be subtracted from each of the decibel levels given in
Table I of subsection 3 of this section.
(D) Motorized Vehicles.'' It shall be unlawful to operate a motorized
vehicle within the Village of Tequesta limits which creates a noise or
sound which exceeds the noise level limits set out in Table III below:
TABLE III -LIMITING NOISE LEVELS FOR MOTOR VEHIC LES
(1) Trucks and Buses:
Over 10, 000 pounds:
87 dB(A) measured at 50 ft - Maximum Allowable Limit
93 dB(A) measured at 25 ft - Maximum Allowable Limit
Under 10, 000 pounds:
80 dB(A) measured at 50 ft - Maximum Allowable Limit
86 dB(A) measured at 25 ft - Maximum Allowable Limit
(2) Passenger Cars: `
78 dB(A) measured at 50 ft - Maximum Allowable Limit
84 dB(A) measured at 25 ft - Maximum Allowable Limit
(3) Motorcycles, including other vehicles:
87 dB(A) measured at 50 ft - Maximum Allowable Limit
93 dB(A) measured at 25 ft - Maximum Allowable Limit
(1) Measurement of Noise. ~ The rneasurem.ent of sound
noise shall be made with a decibel or sound level meter measuring
decibels on the "A" scale of any standard design and quaYitity meeting
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the standards prescribed by the American National Standars
Association. The instruments shall be maintained in calibration and
good working order. Measurements recorded shall be taken so as to
provide a proper representation of the noise source. The microphone
during the measurement shall be positioned so as not to create any
unnatural enhancement of diminution of the measured noise. A
windscreen for the microphone shall be used when required. Traffic,
aircraft and other transportation noise sources and other background
noises shall not be considered in taking measurements except where
such background noise interferes with the primary noise being measured.
(E) Enclosed Places of Public Entertainment. It shall be unlawful
to sustain in any enclosed place of public entertainment including but
not limited to a restaurant, bar, cafe, discotheque, dance hall, any
amplitude equal to or inexcess of 95 dB(A) sustained for more than
thirty (30) seconds.
(1) Measurement of noise. Such sound or noise is to be
measured by a Sound Level Meter approved by the American National
Standards Association from any area to which the public is invited
within any enclosed place of public entertainment.
(F) Noises -Aircraft. It shall be unlawful. for any person to operate
or cause to be operated any type of aircraft over the Village of Tequesta
which produces noise levels exceeding 98 dB(A) within the Village
of Tequesta.
(G) Exemptions: The following uses and activities shall be exempt
from noise level regulations:
(1) Noises of safety signals, warning devices, and emergency
pressure relief valves.
(2) Noises resulting from any authorized emergency vehicle
when responding to an emergency call or acting in time of emergency.
(3) Noises resulting from emergency work as defined in
Section 3 (A) (11 ).
(4) Any other noise resulting from activities of a temporary
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duration permitted by law and for which a license or permit therefore
has been granted by the Village of Tequesta in Accordance with Section
3 H.
(5) Any aircraft operated in conformity with, or pursuant to,
federal law, federal air regulations, and air traffic control instruction
used pursuant to and within the duly adopted federal air regulations
shall be exempt from the provisions of Section 3 (F) as well as the
other regulations of this Ordiance. A.ny aircraft operating under
technical difficulties, in any kind of distress, under emergency orders
of air traffic control. or being operated pursuant to and subsequent to
the declaration of an emergency under federal air regulations shall
also be exempt from the provisions of Section 3 (F) as well as the
other regulations of this Ordinance.
(H) Application for Special Permit. Application for a permit for relief
from the noise level designated in this Ordinance on the basis of undue hard-
ship may be made to the Village Manager or his duly authorized repre-
sentative. Any permit granted by the Village Manager hereunder shall
contain all conditions upon which said permit has been granted and shall
specify a reasonable time that the permit shall be effective. The Village
Manager, or his duly authorized representative, may grant the relief
as applied for if he finds:
(1) That additional time is necessary for the applicant to
alter or modify his activity or operation to comply with this Ordinance; or
(2) The activity, operation or noise source will be of
temporary duration, and cannot be done in a manner that would comply
with other subsections of this Section; and
(3) The Village manager may prescribe any conditions or
requirements he deems necessary to minimize adverse effects upon
the community or the surrounding neighborhood.
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Section 4. Any personvidating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and- upon conviction thereof shall be
fined in the amount not exceeding $500. 00, or be imprisoned in the Village
or County jail for a period not exceeding sixty (60) days, or by both such fine and
imprisonment. Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such hereunder.
Section 5. Violations of this Ordinance shall be prosecuted in the
same manner as other misdemeanor violations of the Village's Code; provided,
however, that in the event of violation of Section 3(C)(D) of this Ordinance,
a written notice of intention to prosecute will be given the alleged violator
not less than five (5) calendar days prior to the issuance of a misdemeanor
complaint. No complaint shall be issued in the event the cause of the violation
is removed, the condition abated or fully corrected within such five (5) day
period. In the event the alleged violator cannot be located in order to serve
the notice of intention to prosecute, the notice as required herein shall be
deemed to be given upon ma fling such notice by registered or certified mail to
the alleged violator at his last known address or at the place where the violatirn
occurred, in which event the five (5) day period shall commence at the date of
the day following the mailing of such notice.
Section 6. A.s an additional remedy, the operation or mait~nance of
any device, instrument, vehicle or machineryin violation of any provisions
hereof and which causes discomfort or annoyance to reasonable persons of
normal sensitiveness or which endangers the comfort, repose, health or
peace of residents in the area shall be deemed, and is declared to be, a
public nuisance and may be subject to abatement summarily by a restraining
order or injunction issued by a Court of competent jurisdiction.
Section 7. It is the intention of the Village Council that each separate
provision of this Ordinance shall be deemed independent of all other pro-
visions herein, and it is further the intentirn of the Village Council that
if any provision of this Ordinance be declared to be invalid, all other pro-
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visions thereof shall remain valid and enforceable.
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PASSED AND ADOPTED on the i/L `~~~ reading this ~'~
day of ~l/~--~~~ A. D. 1972.
A P,~ROVED EY:
G~~1 1l/
Villagei ~ ayor
ATTEST:
i
v-~"~.
Village Clerk
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