2000-34 Amends Code on Noise ControlORDINANCE 34-2000
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE VI, NOISE CONTROL,
OF CHAPTER 19, OFFENSES AND MISCELLANEOUS PROVISIONS, OF THE CODE OF
ORDINANCES OF THE VILLAGE; AMENDING SECTION 19-99, DEFINITIONS TO DELETE
THE DEFINITION FOR "NOISE" AND AMENDING THE DEFINITION FOR "UNNECESSARY,
EXCESSIVE OR OFFENSIVE NOISE"; AMENDING SECTION 19-113, NOISE
MEASUREMENT PROCEDURE; AMENDING SECTION 19-116, ENFORCEMENT-
AUTHORITY; AMENDING SECTION 19-117, SAME-PROCEDURE; AMENDING SECTION
19-118 INCLUDING CHANGING THE TITLE THEREOF TO "NOISE CONTROL
MEASUREMENT STANDARDS FOR FIXED MECHANICAL EQUIPMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
amend Section 19-99, Definitions, of Chapter 19, Offenses and Miscellaneous Provisions, of the
Code of Ordinances of the Village by deleting the definition for "noise" and amending the definition
for "unnecessary, excessive or offensive noise" and to read as follows:
"Unnecessary, Excessive or Offensive Noise
Unnecessary, excessive or offensive noise is any sound which (1) endangers or
injures the safety or health of humans or personal or real property; (2) exceeds any dBA
limits established pursuant to this Article; (3) is loud and raucous; (4) tends to annoy a
substantial number of persons in the community; or (5) is plainly audible and causes or
tends to cause an adverse psychological or physiological effect on human beings."
Section 2. Section 19-113, Noise Measurement Procedure, of Article VI, Noise
Control, of Chapter 19, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the
Village is hereby amended to read as follows:
"Section 19-113. Noise Measurement Procedure.
For the purpose of determining and classifying any noise as unnecessary,
excessive or offensive or as an unusually loud noise, which is hereby declared to be
unlawful and prohibited by this Article, the requirements of Section 19-118 may be
applied; provided however, a violation of this Article may occur without the occasion
of the measurements being made as hereinafter provided if circumstances are such that
• a violation would be obvious to a reasonable, prudent person."
Section 3. Section 19-116, Enforcement-Authority, of Article VI, Noise Control, of
Chapter 19, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the Village, is
hereby amended to read as follows:
"Section 19-116. Enforcement-Authority.
(a) The provisions of this Article except those requiring the use of a decibel meter
• shall be enforced by the Department of Public Safety.
(b) The provisions of this chapter involving stationary mechanical noise source
control and complaints and any authority and responsibility specifically designated to
the Director of Public Services shall be investigated and enforced by the Department of
Public Services. Specifically, where the use of a decibel meter is needed to determine
sound levels, the Department of Public Services shall investigate and enforce the
Article. The Department of Public Safety shall assist the Department of Public Services
when requested to do so."
Section 4. Section 19-117, Same-Procedure, of Article VI, Noise Control, of Chapter 19,
Offenses and Miscellaneous Provisions, of the Code of Ordinances of the Village is hereby amended
to read as follows:
"Section 19-117. Same-Procedure.
(a) Operating motor vehicle noise enforcement. The procedure for enforcing
operating motor vehicle noise standards shall be established in Chapters 316.272 and
316.293, Florida Statutes, and applicable rules and regulations of the State Department
of Environmental Regulation with the cooperation of the State Department of Highway
Safety and Motor Vehicles.
(b) All other noises. In all other cases, the procedure for enforcing provisions of
this Chapter shall be as follows:
(1) A police officer or designated person in the Department of Public Services
shall investigate and determine if a violation has or is occurring.
(2) If the noise is found to be in violation of this Article, a police officer or
designated person in the Department of Public Services may give a warning to the
person or persons responsible for the unnecessary, excessive or offensive noise.
(3) If enforcement action is deemed necessary by the Department of Public
Safety, the person in possession or control of the cause of the unnecessary, excessive or
offensive noise maybe arrested by the Department of Public Safety and charged with
violating this article. In the case of enforcement action by the Department of Public
Services, a notice of violation shall be issued requiring the responsible party to appear
before the Code Enforcement Board."
Section 5. The Village Council of the Village of North Palm Beach, Florida, does hereby
amend Section 19-118 of Article VI ,Noise Control, of Chapter 19, Offenses and Miscellaneous
•
2
Provisions, of the Code of Ordinances of the Village, by changing the title from "Noise Control
Measurement Standards Other Than Motor Vehicle Noise Standards" to "Noise Control
• Measurement Standards for Fixed Mechanical Equipment" and amends this section to read as
follows:
Equipment.
"Section 19-118. Noise Control Measurement Standards for Fixed Mechanical
The noise from any fixed mechanical equipment within the meaning of the
applicable zoning district classifications of the Village shall be deemed to be excessive,
unnecessary and unusually loud if the total noise level as measured on the A-scale due
to both ambient noise level and the alleged source of the unnecessary, offensive or
excessive noise exceeds the noise levels which are herein prescribed, the measurement
of which is based upon decibels, i.e. 0.0002 microbar, and day conditions referring to
the time between 7:00 a.m. and 10:00 p.m. and night conditions referring to the time
between 10:00 p.m. and 7:00 a.m. All such measurements as well as the method
employed shall be consistent with the regulations of the American National Standards
Institute or its successor bodies and shall represent the A-weighted sound pressure level
which is exceeded fifty (50) percent of the time (L50) during the observation period as
described in the definition of "ambient noise" in section 19-99 of this article.
(1) At no point on the boundary of or within a residential area zoned R-1,
R-2 or R-3, according to the zoning code of the village and official
zoning map of the village, and as a result of any noise source outside
of the property in question may the following sound pressure levels
be exceeded:
a. Day: Fifty-Five (55) dBA.
b. Night: Fifty (50) dBA.
(2) At no point on the boundary of or within the area zoned C-1, C-2, C-
A, Or C-lA, according to the zoning code of the village and official
zoning map of the village may the following sound pressure levels be
exceeded as a result of any noise source outside the property in question:
a. Day: Sixty (60) dBA.
b. Night: Sixty (60) dBA/
(3) For any source of sound which emits a discrete tone, the sound level
limits set in subparagraphs (a) and (b) of this section shall be reduced
by five (5) dB.
(4) For any source of sound measured at the source, the maximum sound
levels shall not exceed the sound level limits in subparagraphs (a)
• through (c) of this section by:
u
a. Ten (10) dBA from 7:00 a.m. to 10:00 p.m. in a residential
area.
b. Five (5) dBA from 10:00 p.m. to 7:00 a.m. in a residential
area.
c. Ten (10) dBA at all times in commercial, manufacturing,
industrial or agricultural land use work."
Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is
for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
Section 7. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 8. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 26th DAY OF OCTOBER, 2000.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9th DAY OF NOVEMBER, 2000.
{VILLAGE SEAL)
ATTEST:
u