2013-04 Code Amendment - Noise RegulationsORDINANCE NO. 2013-04
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 19 OF THE
VILLAGE CODE OF ORDINANCES, "OFFENSES AND MISCELLANEOUS
PROVISIONS," BY REPEALING ARTICLE VI IN ITS ENTIRETY AND
SIMULTANEOUSLY ADOPTING A NEW ARTICLE VI, "NOISE CONTROL;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village's current regulations governing noise within the Village are somewhat
antiquated and difficult to administer; and
WHEREAS, the Village Council wishes to repeal its current noise regulations, as set forth in
Article VI of Chapter 19 of the Village Code of Ordinances, and adopt an entirely new
regulatory scheme; and
WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the
health, safety and welfare of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are
incorporated herein.
Section 2. The Village Council hereby repeals Article VI, "Noise Control," of Chapter 19,
"Offenses and Miscellaneous Provisions," of the Village Code of Ordinances in its entirety and
simultaneously adopts a new Article VI to read as follows (additional is underlined):
ARTICLE VI. NOISE CONTROL
Sec. 19-99. Definitions.
For the purposes of this article, whenever any of the following words,
terms or definitions are used herein they shall have the meanings ascribed to them
in this section except where the context requires otherwise:
Decibel means a measure of a unit of sound pressure. Sound waves having
the same decibel level "sound" louder or softer to the human ear depending upon
the frequency of the sound wave in cycles per second (i.e., whether the pitch of
the sound is high or low). Thus an A- weighted filter constructed in accordance
with the specifications of the American National Standards Institute ("ANSI"),
which automatically takes account of the varying effect on the human ear of
different pitches shall be used on any sound level measurements required by this
article and all measurements are expressed in dBA to reflect the use of this filter.
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Emergency and emergency work mean any occurrence or set of
circumstances involving or creating actual or imminent physical trauma or
�) property damage which demands immediate attention, including without
limitation generators or other equipment used by communications companies and
utility companies in connection with restoration of service operations. Where the
emergency is an out of service or imminent out of service condition of utilities,
communications or other essential services, then the company providing such
essential services may respond to such emergency in a timely manner and shall
make such application to the village ger at the earliest time thereafter.
Plainly audible sound means any sound for which any of the content of
that sound such as but not limited to, comprehensible musical rh hms, is
communicated to a person using his or her unaided hearing faculties. For the
purposes of the enforcement of this article the detection of any component of
sound including but not limited to the rhythmic bass by a person using his is or
her normal unaided hearing faculties is sufficient to verify _plainly audible sound.
It is not necessary for such person to determine the title, specific words or artist of
music, or the content of any speech.
Property boundary means the imaginary line which separates the real
property owned rented or leased by one person or entity from that owned rented
or leased by another person or entity.
Unreasonable noise means any noise in or emanating from any property
located within the corporate limits of village which violates the provisions of this article.
A. For noise emanating from rom property with a commercial or light
industrial zoning designation, unreasonable noise shall be defined
as any noise emanating from the property which equals or excess a
measured sound level of sixt -five 65) dBA between the hours of
10:00 p.m. and 8:00 a.m. Sunday through Thursday, a measured
sound level in excess of eighty-five 85) dBA between the hours of
8:00 a.m. and 10:00 p.m. Sunday through Thursday; and a measured
sound level which equals or exceeds sixty-five (65) dBA between
the hours of 11:00 p.m. and 8:00 a.m. Frida through Saturday and
a measured sound level meeting or exceeding eighty -five (85) dBA
between the hours of 8:00 a.m. and 11:00 p.m. Fridgy through FridaySaturday.
B. For noise emanating from property with a commercial or light industrial
zoning designation which shares any portion of its boundary with a
property with a residential zoning designation, unreasonable noise
shall be defined as any noise emanating from the property which
equals or exceeds a measured sound level of sixt�(60) dBA between
the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, a
measured sound level in excess of seventy (70) dBA between the
hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday; and a
measured sound level which equals or exceeds sixty (60) dBA
—� between the hours of 11:00 p.m. and 8:00 a.m. Friday through Saturday
and a measured sound level meeting or exceeding g eventy (70) dBA
between the hours of 8:00 a.m. and 11:00 p.m. Friday through Saturday_
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C. For noise emanating_ from property with a residential zoning
designation unreasonable noise shall be defined as noise that is
plainly audible one hundred and fifty (150) feet from the property
boundary of the source of the sound or noise, measured on a
horizontal plane. Notwithstanding the foregoing, noise shall be
considered unreasonable when it is plainly audible through walls,
floors or partitions common to two residential units located within
a single structure.
D. Noise shall be measured from the property boundary closest to the
source of noise with a si2g (60) second reading. Where the
property boundary abuts a waterway property, boundary shall
be considered the opposite side of the waterway and not the actual
seawall or bulkhead.
Vessel shall have the same meaning as set forth in Section 327.02, Florida
Statutes, as may be amended from time to time.
Sec. 19 -100. Prohibition against unreasonable noise.
No person shall make continue to make or cause to be made any
unreasonable noise.
Sec. 19 -101. Exemptions-
The provisions of the noise control ordinance shall not apply to:
�1 The use of amplified sound on the grounds of a school, church or
other house of worship during sanctioned activities,
The operation of buses trains (excluding trains operating in legally
designated quiet zones), ships, airplanes, helicopters and trucks in
good repair;
Activities in the fields grounds or facilities of any sporting arena,
rena,
stadium or sports complex to which the public or community
has access,
Road festivals parades fireworks displays and special events for
which where applicable, an appropriate permit has been obtained
from the village in compliance with any conditions imposed by
that permit and within the permitted area and any privately owned
property located contiguous with any public right -of -way that is
closed pursuant to a parade road festival, or special event permit;
Noise which results from the reasonable routine maintenance of
commercial and governmental property including, but not limited
to, lawn mowers, chippers, clippers, and tractors.
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Church bells and chimes;
The emission of sound for the purpose of alerting the public of an
emergency or the performance of emergency work,
�8) The reasonable and intermittent barking of dogs and sounds made
by other animals as governed by section 4 -12 of the Code;
�9) The sounds made by children and adults on school and athletic
grounds during school curricular and extra - curricular activities; and
10 Festivals or events occurring in public parks which are permitted
or approved by the village.
Sec. 19 -102. Prohibition against speakers in rights -of -way and air space.
It shall be unlawful for M person to place, locate or permit the placement
of speakers or sound systems within public rights -of -way, including the air space
above such public rights -of -way except when properly permitted by the village.
Sec. 19 -103. Operation of radios or other mechanical sound - making devices
or instruments in vessels.
It shall be unlawful for any person operating or occupying a vessel within
the village to operate or amplify the sound produced by a radio or other
mechanical sound - making device or instrument from within the vessel so that the
sound is plainly audible at a distance of fifty (50) feet or more from the vessel.
Sec. 19 -103. Enforcement.
Whenever a law enforcement officer is notified of or observes a violation
of the ordinance from which this section derives, the officer shall issue a warning
in writing to the individual or individuals, responsible for the violation. The
warning shall state the dBA reading obtained by the officer during measurement
and the maximum dBA level established by this article, if applicable. The warning
shall also inform the individual, or individuals, that the generated sound level on
the property must be reduced within five (5) minutes. Thereafter, each re-
measurement which exceeds the maximum permissible sound levels established
by this article or each subsequent determination that the noise violates the
provisions of this article shall constitute a separate violation. If there are no
subsequent noise violations for a period one hundred and eighty (180) dgys, the
warning recipient shall be served with a warning for their next recorded offense.
Following the issuance of a warning when the second offense occurs within the
same one hundred and eighty (180 ) dgy time period the fine shall be two hundred
fifty dollars ($250.00). A third offense within the same one hundred and eighty
U(180) da, time shall have a fine of three hundred dollars ($300.00
fourth offense within the same one hundred and eighty (180) dq time ime period shall
constitute a criminal offense, subject to penalties set out in section 1 -8 of this
Code of Ordinances.
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Sec. 19 -104. Permissible time for construction activity.
La) It shall be unlawful for any person to do, perform or engage in any
construction work building excavating hoisting, rg ading, pile driving, pneumatic
hammering demolition dredging building alteration or repair work of any nature
to any building or structure or upon any site for same, in the village between the
hours of 8:00 p.m. of one day and 8:00 a.m. of the next day if any such activity
shall cause unreasonable noise as defined in section 19 -99 above. No construction
activity shall be permitted on Sundays or legal holidays. Any person desiring to
engage in the aforesaid activity beyond the stated hours of limitation, based upon
cases of emergency or Lipon the interests of public health, safety and ultimate
convenience may apply to the village manager or his representative for a special
permit. Such permits if granted, shall be limited to a certain period, but maybe
renewed for additional periods if the emergency or need therefor continues. In the
issuance of such permits the village nager or his designated representative shall
weigh all facts and circumstances and shall determine whether the reasons given for
the urgent necessity are valid and reasonable, whether the public health, safety and
ultimate convenience will be protected or better served by rg anting the permit
requested and whether the manner and amount of loss or inconvenience to the
party in interest imposes a significant hardship. Upon an affirmative finding of the
foregoing considerations the village manager or his designee is authorized to issue
the permit requested and any extensions thereof, as may be required. Any _person
aggrieved by the decision of the village manager or his designated representative
may appeal the decision of the village manager to the village council.
(, It shall be unlawful for any person to cause or permit the use of any
power- driven machinery, tools or equipment, including_ power mowers, in any
portion of the village zoned and designated as a residential district other than
between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and Saturdays and
between the hours of 10:00 a.m. and 8:00 p.m. on Sundays.
Sec. 19 -105. Dissemination of information.
The village shall provide a copy of the noise ordinance to any individual
or entity registering to perform work within the village or applying for a business
tax receipt to conduct or operate a business within the village.
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
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PLACED ON FIRST READING THIS 11th DAY OF APRIL, 2013.
c� PLACED ON SECOND, FINAL READING AND PASSED THIS 25th DAY OF APRIL, 2013.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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