CITY OF BONITA SPRINGS ORDINANCE NO AN ORDINANCE OF THE CITY OF BONITA SPRINGS, AMENDING AND RESTATING THE BONITA SPRINGS NOISE

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1 CONTROL ORDINANCE; PROVIDING FOR AUTHORITY, AMENDING AND RESTATING THE BONITA SPRINGS NOISE AN ORDINANCE OF THE CITY OF BONITA SPRINGS, U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Conti ol Ordinance.doc Page 1 of 25 the City adopts its own Noise Control Ordinance; and County Noise Control Ordinance (effective December 31, 1999) as its own until WHEREAS, the City of Bonita Springs had heretofore adopted the Lee unreasonable and excessive noise within the City limits; and raised by the citizens of the City of Bonita Springs relating to the creation of WHEREAS, City Council finds that there are concerns and complaints and restriction of such unreasonable and excessive noise; and noises within the geographical limits of the City of Bonita Springs requires control WHEREAS, City Council finds that the scope, amount and intensity of said and safety, and the quality of life of the inhabitants of the City; and WHEREAS, the creation of unreasonable and excessive noise is a condition which constitutes a nuisance and hazard to the public health, welfare the violation of Ordinances in accordance with law; and necessary for the exercise of its powers and to prescribe fines and penalties for for the City of Bonita Springs, Florida, to adopt Ordinances and Resolutions WHEREAS Chapter 166, Florida Statutes, authorizes City Council, acting WHEREAS, the City Council is the governing body in and for the City of Bonita Springs, a municipal corporation in the State of Florida; and AND AN EFFECTIVE DATE. LAND USE; PROVIDING FOR GENERAL PROVISIONS; LAND USES AND ACTIVITIES WITHIN RESIDENTIAL AND MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING PROHIBITED; PROVIDING STANDARDS; PROVIDING FOR DECLARING CERTAIN NOISES AS NUISANCE AND PROVIDING FOR A LIST OF PROHIBITED AND REGULATED COMMERCIAL ZONES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR EXCEPTIONS FROM REQUIREMENTS BY PERMIT; ESTABLISHING SOUND-SENSITIVE ZONES; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS OF LAW, SEVERABILITY, CODIFICATION, SCRIVENER S ERRORS, INCLUSION IN CODE INTENT, AND APPLICABILITY; PROVIDING DEFINITIONS, ORDINANCE NO CITY OF BONITA SPRINGS

2 WHEREAS, the citizens of the City of Bonita Springs should be an environment free from and which may their health, welfare and safety; and speech assured, jeopardize unreasonable have a right to, and noise, excessive WHEREAS, the City Council the rights of its citizens to free at public sidewalks, parks and other public forums; and streets, recognizes WHEREAS, City Council finds it and beneficial to a Noise Control Ordinance for the City of Bonita Springs to in the elimination, control and regulation of by and noise. excessive nuisances caused necessary assist adopt unreasonable, unnecessary NOW, THEREFORE, THE CITY OF BONITA SPRINGS HEREBY ORDAINS: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known and cited Control Ordinance. SECTION TWO: DECLARATION OF POLICY. as the Bonita Springs Noise It is hereby to be the public policy of the City of Bonita Springs to the ambient noise and sound level in the City, so to protect and promote the public health, safety and welfare, and the and quiet of the inhabitants of the City, prevent injury to human, plant and animal life and property, the and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of City. It is public policy of City every person is entitled to sound levels are not detrimental to his or her life, health and enjoyment of his or her property. reduce that foster declared convenience the that the as peace preserve, the To that end, it is found and further declared that: 1) The making and creation of unusually loud Springs is a condition which excessive, unreasonable, unnecessary noises within has the 2) The making, creation or or unusually loud to public health, comfort, prosperity of the people of the City. unnecessary menace geographical limits of existed for time. maintenance sounds some the or City of Bonita of within the City affects and is a safety, welfare and the convenience, 3) The making, creation or of such unnatural or unusually loud noises, which unusual and unnatural in their time, duration, place, unnecessary, maintenance excessive, unreasonable, excessive, unreasonable, are use prolonged, and effect Page 2 of 25 U:\City Attorney\Ordinances\Ordinnces 2006\06-04 Noise Control Ordinance.doc

3 4) The necessity in the public interest for the provisions and prohibitions of Bonita Springs. convenience, safety, welfare and prosperity of the inhabitants of the City U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc Page 3 of 25 5) Continuous noise means a noise which remains essentially Enforcement Supervisor of the City, and any of his or her authorized subordinate officers or employees. 4) Code Enforcement Officer means the duly designated Code the City. including any non-conforming uses, under the zoning ordinance of area designated for commercial, business or professional uses, 3) Commercial area or commercial zone means any geographic noise associated with a given environment, being usually a composite of sound from many sources near and far. 2) Ambient noise or ambient sound means the all-encompassing dba. Sound level meter settings shall be for slow response. level of the noise spectrum as measured using the A-weighted network of a sound level meter. The unit of measurement is the 1) A-weighted sound level (dba) means the total broadband sound Institute (ANSI) or its successor body. conformance with applicable publications of the American National Standards All terminology used in this ordinance, not defined below, shall be in SECTION FOUR: DEFINITIONS. TERMINOLOGY violation occurrence emanating from outside the jurisdictional limits of the City of This Ordinance shall apply to the control of all sound, noise and vibration originating within the geographical limits of the City of Bonita Springs. Any noise Bonita Springs will be addressed under the Noise Control Ordinance of the jurisdiction where the noise is created. SECTION THREE: SCOPE. pursuance of, and for the purpose of, securing and promoting the public provisions and prohibitions hereinafter contained and enacted are in determination and public policy, and it is further declared that the health, comfort, safety, welfare and repose of the City of Bonita Springs and its inhabitants. hereinafter contained and enacted is declared as a matter of legislative and constitute a nuisance and detriment to the public health, comfort, endanger the physical and emotional health and welfare of its inhabitants,

4 appurtenant thereto. repair, alteration, demolition or similar action, pertaining to any new or existing building or structure, property, or performing any act erection, drilling, land clearing, or land filling operations, substantial 6) Construction means any site preparation, excavation, assembly, U:\city Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc Page 4 of 25 intervals. exceeds the ambient noise level at either regular or irregular 14) Intermittent noise means a noise whose sound pressure level ordinance of the City. conforming uses being carried on in such area, under the zoning any industrial, fabrication or manufacturing use, including any non 13) Industrial area or industrial zone means an area designated for impacts, and the discharge of firearms. of sources of impulsive sound include explosions, drop forge than one second, with an abrupt onset and rapid decay. Examples 12) Impulsive sound means a sound of short duration, usually less sound. For the purposes of this ordinance, a time period of twentyfour (24) hours shall be used, unless otherwise specified. sound level that, in a given situation and time period, conveys the same total sound energy as the actual time-varying A-weighted 11) Equivalent A-weighted sound level (Leq) means the constant threatened or caused by an emergency. preventing or alleviating the physical trauma or property damage 10) Emergency work means any work performed for the purpose of which demands immediate action. involving actual or imminent physical trauma or property damage 9) Emergency means any occurrence or set of circumstances removal of buildings or of structures, utilities, public or private rightof-way surfaces, or similar property. 8) Demolition means any dismantling, intentional destruction or meter). which is twenty micropascals (twenty micronewtons per square equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, 7) Decibel (db) means a unit for measuring the volume of a sound, constant in level during the period of observation.

5 15) Legal holiday for of this Years Day, Thanksgiving Day and Christmas Day. means, purposes ordinance only, New 16) Motor carrier vehicle in commerce any vehicle for which regulations apply to Section 18 of the Federal Noise Control Act of 1972 (Pub Law No ), pertaining to motor carriers in interstate of which the City not have jurisdiction. amended, commerce, engaged does interstate pursuant engaged means 17) Motor vehicle any vehicle which is propelled or drawn on land by a motor, but not limited to, trucks, truck-trailers, semi-trailers, recreational vehicles, go- all-terrain vehicles (ATV s), amphibious craft on land, buggies, or racing vehicles, but not including motorcycles (defined below). carts, means such as, campers, passenger cars, as dune 18) Motorboat any which on and which is propelled by a motor, including, but not limited to, boats, air boats, amphibious craft, ski towing and hover craft. waverunners, devices means vessel barges, operates water water 19) Motorcycle an motor vehicle having a for of the and two or in the ground, including, but not limited to, motor minibikes. the use means unenclosed operator three wheels contact scooters saddle with and 20) Muffler or sound dissipative device a device for abating sound of of an internal combustion engine. the escaping gases 21) Multifamily dwelling which means means residence, contains more than one (1) living unit, including duplexes. means any building used as 22) Noise any sound or vibration which or disturbs of normal sensibilities, or or to an psychological effect on of normal sensibilities, or which is of a nature that disturbs the community. humans adverse causes humans a annoys tends cause 23) Noise disturbance means one or a group of loud, jarring, harsh, non-harmonious or vibrations or irritating to the of a with normal sensibilities, or which is or may be harmful or injurious to, or which or injures the safety, health or welfare of, or animals, or which or disturbs a person of normal sensibilities, or or injures personal or real property, or interferes with the enjoyment of life, property or recreation. sounds unnecessary, excessive, unpleasant person humans reasonable endangers outdoor raucous, that are unreasonable, ear unreasonably annoys unreasonably endangers Page 5of25 U :\City Attorney\Ordinances\Ordnances 2006\06-04 Noise Control Ordinance.doc

6 24) Noise level, as referenced in this ordinance, means the sound pressure level as measured in db(a) or dba, unless otherwise specified. A measurement of noise must be at least five (5) db above the ambient noise level. 25) Noise sensitive zone means any area designated pursuant to this ordinance for the purpose of ensuring exceptional quiet. 26) Person means any individual, natural person, public or private corporation, firm, association, joint venture, partnership, or any other entity whatsoever, or any combination of such, jointly and severally, or any officer, employee, agent, servant or sub-contractor thereof. 27) Powered model vehicle means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket. 28) Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. 29) Public space means any real property, including, but not limited to, parks, playing fields, playgrounds, athletic facilities, or structures thereon, which are owned or controlled by a governmental entity. 30) Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this ordinance, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five (5) db for center frequencies of 500 Hz and above, and by eight (8) db for center frequencies between 160 and 400 Hz and by fifteen (15) db for center frequencies less than or equal to 125 Hz. 31) Real property boundary means an imaginary line along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, excluding intra building real property divisions. 32) Residential area or residential zone means any geographic area designated for any residential uses, whether single, duplex or Page 6 of 25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc

7 multi-family, and including any non-conforming uses, under the zoning ordinance of the City. 33) Sheriff s Department means the Lee County Sheriff, and any authorized deputy or employee. 34) Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. For the purposes of this Ordinance, and unless otherwise specified, sound need not be measured by any sound level meter or similar device. 35) Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute s (ANSI), or its successor body s, specifications for sound level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply. 36) Sound level meter means an instrument to measure the sound pressure level of relatively continuous and broadband noises. The sound level meter used to determine compliance with this ordinance shall meet or exceed the requirements for type 2 sound level meters in accordance with ANSI Standard Si.4. 37) Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy. 38) Sound pressure level means twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (20xi0 The sound pressure level is denoted Lp or SPL and is expressed in decibels. 6 N/rn 2). 39) Unreasonable sound or excessive sound means any sound or vibration which is excessive, unnecessary or unusually loud so that it annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities. 40) Vibration means an oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point. Page 7of25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc

8 41) Weekday or Working day means any day, Monday through Friday, which is not a legal holiday as defined in this section. 42) Weekend means Saturday through Sunday, whether or not a legal holiday. SECTION FIVE: CERTAIN NOISE DECLARED NUISANCE AND PROHIBITED; ABATEMENT. It shall be unlawful for any person to make, cause to be made, permit to be made, continue, cause or permit to be made or continued, any noise disturbance or sound, or any loud, disturbing, unreasonable or unnecessary noise or sound, or any excessively loud and raucous noise or sounds that are audible beyond the premises of such person upon which such noise or sounds are made, or any other noise disturbance or sound which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, welfare or safety of reasonable persons with normal sensibilities within the geographical limits of the City. Such noise or sounds are hereby declared to be nuisances and their abatement is hereby ordered and directed. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this ordinance and are prohibited, but such enumeration shall not be deemed to be exclusive: 1) Horns, signaling devices, etc. The sounding of any horn or signaling device on any motor vehicle, motor carrier vehicle, motorcycle, motorboat, or other vehicle anywhere in the City, except as permitted by Florida Statutes , or sounded as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust, and the unnecessary use of any such signaling device when traffic is for any reason held up. 2) Televisions, radios, phonographs, etc. The use or operation of any television, radio receiving set, musical instrument, phonograph, exterior loudspeaker, or other machine or device for the producing or reproduction of sound in such a manner as to cause noise disturbance so as to disturb the peace, quiet and comfort of the neighborhood, persons on the public right-of-way and vicinity thereof. 3) Loudspeakers, amplifiers for advertising and outdoor places of public entertainment. The use or operation of, permitting to be Page 8of25 U :\City Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc

9 played, used or operated, any television, radio receiving set, stereo set, tape or CD player, musical instrument, phonograph, loudspeaker, public address system, sound amplifier, or other machine or device for the producing or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising, or for outdoor places of public entertainment or for attracting the attention of the public to any building, structure or area. 4) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, singing, or the making of similar noises, other than normal conversation at reasonable levels, in any public space between the hours of 10:00 p.m. to 7:00 a.m. the following day, or at any time or place as to unreasonably annoy or disturb the quiet, comfort, or repose of persons in any office, residence, dwelling unit, or house of worship, or of any persons in the vicinity. 5) Animals, birds, etc. The possessing, harboring, keeping or maintaining of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any reasonable person with normal sensibilities in the vicinity. This provision shall not apply to farm animals in agriculturally zoned property, or public zoos or parks, or to private animal attractions, operated for profit to which the public has general admission, and which are regulated by the City or other governmental authority. 6) Exhausts. The discharge into the open air of the exhaust of any stationery internal combustion engine, except through a muffler or other device which effectively prevents loud or explosive noises. 7) Hawkers and peddlers. The shouting and crying of peddlers, hawkers and vendors which disturb the peace and quiet of any residential or commercial zone. 8) Drums, etc. The use of any drum or other instrument or device for performance, show or sale which disturb the peace and quiet of any residential or commercial zone. This section shall not apply to bands, etc., which are practicing outdoors in preparation for a scheduled outdoor performance, or in connection with any event for which a special event permit has been obtained, or in connection with a public event, religious practice or rite. 9) Pile driver, hammers, etc. The operation 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, except between the hours of 7:00 a.m. and 7:00 p.m., Mondays Page 9 of 25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc

10 through Saturdays. 10) Blowers, internal combustion engines. The operation of any noise creating blower or power fan or any internal combustion engine which causes noise due to explosion of operating gases or fluids, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to deaden such noise, or rapid throttle advance (revving) of an internal combustion engine on the public right-of-way, resulting in increased sound from the engine for the purpose of drawing attention to the source of the sound. 11) Outdoor performances, shows, fairs, etc. The performance of any show, concert, or exhibition, or the conduct of any fair, exposition, or other outdoor event, in such manner as to cause a noise disturbance in or adjacent to any residential area or public space, between the hours of 7:00 a.m. and 7:00 p.m., unless a special event permit has been obtained from the City of Bonita Springs and specifies other hours. 12) Loading and unloading. Loading and unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials, garbage cans or similar objects in such a manner as to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a reasonable person of normal sensibilities within or adjacent to any residential area, is prohibited before 7:00 a.m. or after 7:00 p.m. Monday through Saturday and at any time on Sundays or legal holidays. This section shall not apply to solid waste collection activities of the City or other governmental agency, or their contractors. 13) Construction or demolition. Construction, repair, or demolition of buildings or structures in, or adjacent to a residential area: a) Weekdays The construction, erection, demolition, alteration, or repair of any building or structure, or any excavation, within or adjacent to any residential area, is prohibited before 7:00 a.m. or after 7:00 p.m. Monday through Saturday. b) Sundays and legal holidays The construction, erection, demolition, alteration, or repair of any buildings or structure, or any excavation, is prohibited at any time on Sundays or legal holidays, within or adjacent to any residential area, except during a time of a declared emergency. Page 10 of 25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc

11 c) Special types of construction where ordinary and necessary trade and engineering practices, or an emergency, requires the continuous operation or use of pumps, well points, dredges, draglines, and other machinery or devices of a like nature during the otherwise prohibited hours, shall require a permit and such operation and use shall not constitute a violation of this section. d) The restriction on construction, erection, demolition, alteration or repair of any building or structure, or excavation, as set forth in this section, in or adjacent to any residential area, is limited to activities requiring permits. This section does not apply to routine household maintenance and the use of domestic power tools in connection with such routine household maintenance. e) Work performed by a public service utility, or other contractor approved by the City, to address or prevent a public emergency, including traffic control, is exempt from the provisions of this section. f) No person shall operate or permit to be operated any power-driven construction equipment without a muffler or other noise-reduction device at least as effective as that recommended by the manufacturer or provided as original equipment. Construction equipment that must be operated in or near any residential area on a twenty-four (24) hour basis, (i.e., pumps, well tips, generators, etc.) shall be shielded by a barrier to reduce the noise or sound at all times. 14) Powered model vehicles. Operating or permitting the operation of any powered model vehicle is prohibited within or adjacent to any residential area before 7:00 a.m. or after 7:00 p.m. 15) Emergency signaling devices. The testing, for non-emergency purposes, indoors or outdoors of any fire, burglar, smoke, or other alarm, whistle or similar stationery signaling device is prohibited before 7:00 a.m. or after 7:00 p.m. Any such testing shall use the minimum cycle test time appropriate for such devices, but in no case should exceed sixty (60) seconds. The sounding or permitting of the sounding of any exterior fire or burglar alarm or motor vehicle burglar alarm, is prohibited, unless such alarm is automatically Page 11 of 25 U :\city Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc

12 terminated within fifteen (1 5) minutes of activation. 16) Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary. 17) Places of public entertainment in enclosed building. Operating, playing or permitting the operation or playing of any radio, television, phonograph, stereo set, tape or CD player, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound within the interior of any enclosed building wherein any public entertainment is being conducted, at a sound level greater than seventy (70) dba as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place, near each public entrance, stating Warning: Sound levels within may cause permanent hearing impairment. 18) Explosives, firearms, and similar devices. The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way. This provision shall not apply to the use of explosives in conjunction with construction materials mining activities, which are defined and regulated pursuant to Florida Statutes ) Vibration. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property of the source if on private property or at fifty feet from the source if on a public space or public right-of-way. For the purposes of this section, vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a person of normal sensitivities to be aware of the vibration by such direct means as, but not limited to, visual observation of moving objects. 20) Motorboats. The exhaust of every internal combustion engine on any motorboat or other vessel operated in any of the waters located within the territorial limits of the City shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner, which, in no event, shall exceed a maximum sound level of 90 dba at a distance of fifty (50) feet from the vessel. Page 12 of 25 U :\city Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc

13 21) Domestic power tools. Operating or permitting the operation of any domestic power tool, such as a mechanically powered saw, sander, drill, grinder, mechanically powered Iawnmower or garden tool, blower, or similar device used outdoors in residential areas is prohibited before 7:00 a.m. or after 7:00 p.m. if it causes a noise disturbance across a residential real property boundary. SECTION SIX: STANDARDS. The standards which shall be considered in determining whether noise or sound annoys, disturbs, injures or endangers the comfort, repose, rest, health, peace, welfare or safety of a reasonable person of normal sensibilities shall include, but shall not be limited to, any of the following: 1) The volume of the noise or sound. 2) The intensity of the noise or sound. 3) Whether the nature of the noise or sound is usual or unusual. 4) The volume and intensity of the background noise or sound, if any. 5) The proximity of the noise or sound to residential sleeping facilities. 6) The nature and zoning of the area within which the noise or sound emanates. 7) The time of the day or night the noise or sound occurs. 8) The duration of the noise or sound. 9) Whether the noise or sound is produced by a commercial or non commercial activity. SECTION SEVEN: NOISE DISTURBANCES; MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE. 1) Method of measurement generally. For the purpose of this section, in measuring the volume, intensity, and frequencies of noise and sound, the measurement of such noise or sound shall be made with a decibel or a sound level meter operating on the A, B or C weighting scale of any standard design and quality, meeting the standards specified by the American National Standards Institute s (ANSI), or its successor body s, specifications for sound level meters. If the frequency weighting employed is not indicated, the Page 13of25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc

14 A-weighting shall apply. 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 or sound source. The microphone used during measurement shall be positioned so as to not create any unnatural enhancement or diminution of the measured sound. A wind screen for the microphone shall be used when required. Traffic, aircraft and other background sounds shall not be considered in taking measurements, except where such background sound interferes with the primary noise or sound being measured. (a) (b) Whenever possible, 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 subsection (b) below. The measurement shall be made at or beyond the real property line on which such noise or sound is generated, or perceived, as appropriate, approximately five (5) feet above ground. (c) In the case of an elevated or directional noise or sound source, compliance with the sound limits is to be maintained at any elevation at or beyond the real property line. 2) Maximum permissible sound levels by receiving land use. Unless otherwise specified, and in addition to, and not in lieu of, any time and date restrictions set forth, in this Ordinance, no person shall operate, maintain, or cause to be operated or maintained, any source of noise or sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property line of the receiving land use, as specified in subsection 1) above. Table 1 SOUND LEVELS BY RECEIVING LAND USE Land Use Category Time Sound Level Limit dba Residential area, 7:00 a.m.-10:00 p.m. 66 public space, 10:00 p.m.- 7:00 a.m. 55 agricultural or institutional. Commercial, 7:00 a.m.-10:00 p.m. 72 business or 10:00 p.m. - 7:00 a.m. 65 Page 14 of 25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc

15 professional. Industrial or At all times 75 manufacturing. 3) Correction for character of sound: (a) (b) (c) For any source of noise or sound which emits a pure or continuous tone, the maximum sound level limits set forth in Table 1 shall be reduced by five (5) dba. For any source of impulsive noise or sound which is of a short duration with an abrupt onset, the maximum sound level limits set forth in Table 1 shall be increased by ten (10) dba from 7:00 a.m. to 10:00 p.m. If an impulsive noise or sound is the result of the normal operation of an industrial or commercial facility, and occurs more frequently than four (4) times in any one (1) hour, the levels set forth in Table 1 shall apply. In the case of any radio receiving set, musical instrument, television, phonograph, stereo system, tape or CD player, sound amplifier, drum, exterior loudspeaker, phonograph, or other device for the production or reproduction of noise or sound, it shall be unlawful to create, maintain, or permit to be created or maintained, any noise or sound that exceeds: (i) Sixty (60) dba during the hours of between 10:00 a.m. to 10:00 p.m. from the property line of the noise source; and (ii) Fifty-five (55) dba during the hours between 10:00 p.m. to 10:00 a.m. the following day from the property line of the noise source. (d) In the case of multi-family dwelling units, it shall be unlawful to create or permit to be created any noise that exceeds fifty (50) dba during the hours between 7:00 a.m. and 10:00 p.m. or forty (40) dba during the hours between 10:00 p.m. and 7:00 a.m., daily, measured from a neighbor s dwelling unit within such multi-family unit. SECTION EIGHT: EXEMPTIONS. The provisions of this Ordinance shall not apply to: Page 15of25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinancedoc

16 1) The emission of sound for the of an the performance of the existence purpose emergency emergency work. of alerting to or in the preparation for or persons 2) The operation of warning or signal such sirens, horns and bells, including affixed to vehicles, when utilized for their intended as emergency purpose. emergency those devices 3) Instances where an industry or commercial had, in prior its of in an away from a residential or development, or rezoning, and now finds itself adjoining a residential or In of the latter nature, the noise provisions pertaining to commercial or industrial shall govern and the shall not be required to noise or sound levels pertaining to residential Nothing herein, however, shall be so to permit such to or its previous and of the so to an or in noise and sound levels from its onto the adjoining residential or years, established instances business use increase premises area business expand premises, place construed increase as business area cause as business area development. areas. emanating area ordinance areas meet those customary expansion development. 4) Noises or resulting from equipment or incidental to the installation, or repair of facilities or restoration of such public utilities or activities in the public interest. sounds other emergency maintenance services, as operations 5) Ordinary noise or sound by the operation of railways, motor vehicles, motorcycles and motorboats. This exemption not apply to motor vehicle and motorcycle dba in Florida , or to motorboats the dba limits in Florida does that exceeds the Statutes created exceeding Statutes , 6) Any noise created by the operation of airports or aircraft. 7) Noises or religious and traditional holidays and and provided that any requiring a Special Event Permit shall have obtained such permit to such event, and such or shall be within the hours permitted by such permit. sounds consistent with cultural, sporting, historical, ceremonies, parades sounds necessary operate observances, concerts; noises event 8) Operation of or conduct of activities normal to residential or agricultural communities such lawn care, equipment as Page 16 of 25 U:\city Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc

17 soil cultivation, domestic power tools, lawn mowers, maintenance of trees, hedges, gardens, saws and tractors, street sweepers, mosquito fogging, tree trimming, and limb clipping and other normal community operations, is allowed between the hours of 7:00 a.m. to 7:00 p.m. provided that the equipment is in accord with the manufacturer s specifications and with all manufacturer s sound reducing equipment in use and in proper operating condition. Golf courses in planned communities may obtain a special exception pursuant to the permit process found in Section Nine of this Ordinance. 9) Operation of equipment for solid waste and recycling collection is subject to the hours approved in the franchised hauler agreement approved by the Lee County Board of County Commissioners. 10) The lowing of cattle, clucking of fowl, the neighing of horses, the baying of hounds, and other normal noises or sounds of reasonably cared for agricultural or domestic animals. This exemption does not apply to unreasonable disturbing noises by animals causing annoyance, discomfort or disturbance of the peace or sleep of a reasonable person, in violation of Lee County Ordinance No , as may be amended. 11) The operation of radios or other mechanical sound-making devices coming from motor vehicles will be violations of Florida Statutes and not this ordinance. 12) Reasonable noise or sound made by a horn or other warning device as regulated by Florida Statutes ) Motorboat exhaust sounds as regulated by Florida Statutes ) Air conditioners when functioning in accord with the manufacturer s specifications and with all manufacturer s mufflers and sound reducing equipment in use and in proper operating condition. 15) Non-amplified crowd sounds resulting from otherwise lawful public gatherings. 16) Non-commercial public speaking and public assembly activities being lawfully conducted on any public space or public right-of-way. Page 17of25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinance.doc

18 17) Church bells and carillons. 18) Governmental agencies, or their contractors, utilizing road construction equipment for related activities. 19) Amplified noise or sound on property controlled by any governmental agency during governmental sponsored activities. 20) Motor carrier vehicles engaged in interstate commerce, common carrier stations, including, but not limited to, bus stations, bus stops, and commercial docks. 21) Normal noises or sounds produced by sporting activities in the fields, grounds or facilities of any sporting venue to which the public or the community has access, but only during permitted hours as posted. 22) Noises and sounds made by children and adults on public or private school grounds, and athletic grounds located thereon, during any school curricular or extra-curricular activities. 23) Festivals, parades, fireworks displays and special events for which an appropriate special event permit has been obtained from the City, in compliance with any conditions imposed by that permit, and within the permit area and any privately owned property located contiguous with any public right-ofway that is closed pursuant to a parade, festival, or special event permit. The uses and activities exempted by this section shall be required to comply with the provisions of all other applicable ordinances of the City and of Lee County, and laws of the State of Florida. SECTION NINE: EXCEPTIONS BY PERMIT. 1) A person may seek a temporary exemption from one or more of the provisions of this noise control ordinance by seeking a special permit from the City Manager or his designee. A fully completed special permit application must be submitted, on a form provided by the City Manager or his designee. A special permit may only be issued for a specified limited period of time and shall set forth such conditions or requirements as shall be deemed necessary to Page 18of25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc

19 mitigate potential adverse effects upon neighboring properties and to otherwise ensure that the public health, safety and general welfare is protected. The City Manager or his designee may adopt administrative rules, as he shall deem necessary, to implement the provisions of this section. 2) In determining whether a special permit shall be issued, the City Manager or his designee shall consider the following criteria: (a) (b) The nature of the event and its importance to the general community; The potential benefit to the City or the general public which may result from the proposed event; (c) The size of the event with respect to anticipated public participation or attendance; (d) The availability of alternate locations within the City where the event may reasonably be located without creating the type or degree of potentially adverse effects it is anticipated would result at a site for which the special permit is requested; (e) That the granting of the special permit will not be contrary to the public health, safety and general welfare of the residents and establishments of the neighborhood and surrounding properties. (f) That the granting of the special permit is appropriate and compatible to the existing uses of the neighborhood and surrounding properties; (g) That the granting of the special permit will not establish a precedent of or encourage more incompatible uses in the neighborhood and surrounding properties; (h) That the applicant has demonstrated that enforcement of the provisions of this noise control ordinance would create an undue hardship on the applicant because of unique circumstances peculiar to the applicant; (i) That the applicant has demonstrated the Page 19of25 U :\city Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinancedoc

20 effectiveness of sound attenuation methods and submitted methods that the applicant will employ to lessen the potentially adverse impact associated with the grant of a special permit; and (j) That the applicant has not violated the terms or conditions of any previously granted special permit. 3) The City Manager or his designee shall grant or deny an application for a special permit within fifteen (15) working days from the date of the filing of a fully completed application. An application may be denied if it is determined to be incomplete. If no ruling has been made, upon the expiration of the fifteenth (15th) working day, the application shall be deemed to be granted. 4) Grant of an application for a special permit. (a) (b) If there are no grounds for requiring denial, the City Manager or his designee shall grant the application. The special permit, if granted, shall state on its face the name and add ress(es) of the person or persons to whom it is granted, the expiration date, the location applicable to the special permit and any special conditions or requirements imposed thereby. The special permit may not be transferred to any other person or location. 5) Appeal. (a) An appeal of a decision of the City Manager or his designee may be made by the applicant, by filing such appeal in writing with the City Clerk within fifteen (15) working days of the rendition of the decision, to the City s Zoning Board for a hearing de novo. A decision of the City Manager or his designee shall be deemed to have been rendered on the date of a letter prepared by the City Manager or his designee, notifying the applicant of the decision of the City Manager or his designee. (b) The Zoning Board shall conduct a hearing in accordance with the procedures as outlined in the City of Bonita Springs Land Development Code. Page 20 of 25 U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinancedoc

21 issued for a specified period of time and shall set forth such conditions or requirements as shall be deemed general welfare is protected. otherwise ensure that the public health, safety and adverse effects upon neighboring properties and to necessary by the Zoning Board to mitigate potential 1) For the purposes of this ordinance, the areas within a U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc Page 21 of25 normally conducted within the zone or so as to annoy or twelfth grade, so as to interfere or disrupt the activities hospice, nursing home of similar facility reserved for the sick and infirm, or any schools for grades kindergarten through designated pursuant to this section, containing a hospital, unnecessary noise or sound within any noise-sensitive zone 3) Creating, causing or maintaining any unreasonable or sound, or shall operate or play any radio, phonograph, one hundred (100 ) feet of any lot line of any lot containing a grade. infirm, or any schools for grades kindergarten through twelfth or other electronic audio device that produces or reproduces nursing home or similar facility reserved for the sick and amplified sound on any public street or right-of-way within unreasonable or unnecessary noise or sound, or amplified stereo set, tape or CD player, television or sound amplifier, allow to be produced or maintained, by any means, any building, or portion thereof, used as a hospital, hospice, 2) No person shall produce, cause, cause to be produced, or grades kindergarten through twelfth grade, are hereby facility reserved for the sick and infirm, or any schools, for thereof, used as a hospital, hospice, nursing home or similar of any lot line of any lot containing a building, or portion distance of one hundred (100 ) feet beyond the property line declared to be Noise-Sensitive Zones. SECTION TEN: NOISE-SENSITIVE ZONES. a special permit shall be deemed a violation of this section. 6) Any violation of any conditions imposed upon the granting of as zoning cases, with the same process for appeals. brought forward to City Council in the same manner (d) The recommendation of the Zoning Board shall be granting a special permit, the special permit shall be (c) In the event that the Zoning Board recommends

22 4) It shall be the duty of such hospital, hospice, nursing home displayed indicating the presence of the zone. prohibited, provided that conspicuous exterior signs are school, to erect and maintain signs in some conspicuous restricted to, the following: Nursing Home Noise-Sensitive Zone-Quiet. Quiet 1) The removal or rendering inoperative by any person other than for 1) The Lee County Sheriff is hereby empowered and authorized to U:\city Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc Page 22 of 25 require the administration of a sound level pressure test, he or she maintaining or allowing, or causing to be produced, created, a notice to appear to or arrest the person producing, creating, presence of the sheriff, the sheriff is thereupon authorized to issue violation of this Ordinance is occurring or has occurred in the investigate any situation where a person is alleged to be violating Ordinance has occurred. If the results of the sound test indicate a person is violating any provision of this ordinance which may ascertain whether a breach of the peace or a violation of this meter, in accordance with Section Seven 1) of this ordinance, and this Ordinance, and to enforce this Ordinance. If the Sheriff shall administer a sound level pressure test with a sound level encounters a circumstance which reasonably indicates that a SECTION TWELVE: DESIGNATION OF INVESTIGATING AND ENFORCING AUTHORITIES. positioned by or for the Sheriff s Department or Code Enforcement labeled to warn of the potential illegality. level meter or other sound monitoring instrument or device Officer, provided such device or the immediate area is clearly 2) The moving or rendering inaccurate or inoperative of any sound level meter or other noise control device. purposes of maintenance, repair, or replacement, of any sound The following acts or the causing thereof are prohibited: SECTION ELEVEN: TAMPERING. Zone or sign code, shall read in a manner similar to, but not place on every street or road adjacent to or in the vicinity of such building, or portion thereof, indicating that same is a or similar facility reserved for the sick and infirm, or such Quiet Zone. The signs, which must conform to the City s zone, or the children going to such schools, shall be disturb the patients being treated or confined within such

23 reasonable grounds to believe that such person is commiffing, or has committed, a violation of this ordinance, or a breach of the peace, pursuant to Florida Statutes to appear or arresting such person, if there are otherwise any sound level pressure test has been taken, from issuing a notice U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc Page 23 of 25 measurements to the Code Enforcement Hearing presence. methods and procedures and at such locations and prescribe and to furnish reports of the results of such times as the Code Enforcement Officer may reasonably the measurements to be conducted in his or her Examiner. The Code Enforcement Officer may require industrial activity to measure the sound level of or the vibration from any source in accordance with the (b) Require the owner or operator of any commercial or apparent authority to act for the owner. When tests. report or records at any reasonable time when granted permission by the owner, or by some other person with permission is refused or cannot be obtained, a search inspection may include administration of any necessary inspect any private property or place, and inspect any warrant or other court order may be sought by the Code Enforcement Officer from a court of competent that a violation of this ordinance may exist. Such jurisdiction upon showing of probable cause to believe (a) Upon presentation of proper credentials, enter and notices to affected property owners and violators as may be Development Code; and, to take such other and further action as is Ordinance. In addition, the City of Bonita Springs Code Enforcement Officer may of violations of this Ordinance; shall be responsible for providing all or her presence; directed and empowered to receive all complaints ascertain whether a violation of this Ordinance has occurred in his reasonably necessary to accomplish the purposes of this provisions of this Ordinance, including, where required, the administration of a sound level pressure test with a sound level meter, in accordance with Section Seven 1) of this ordinance to required by this Ordinance, or the Bonita Springs Land empowered and authorized to investigate and enforce the 2) The City of Bonita Springs Code Enforcement Office is hereby deemed to prevent or prohibit the Sheriff, irrespective of whether maintained, or allowed, the noise or sound. Nothing herein shall be

24 be guilty of a misdemeanor of the second degree, punishments provided in Florida Statutes or nuisance. Persons violating any provisions of this Ordinance shall 1) Violations of this Ordinance shall constitute and be deemed a U:\City Attorney\Ordinances\Ordinances 2006\06-04 Noise Control Ordinancedoc Page 24 of 25 other portion or the prescribed application thereof, shall be severable, and the been declared void, unconstitutional or invalid, shall remain in full force and application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reasons, such part, section, subsection, or remaining provisions of this Ordinance, and all applications thereof not having If any part, section, subsection, or other portion of this Ordinance or any SECTION FIFTEEN: SEVERABILITY ordinance or statute, the most restrictive requirements shall apply. in conflict with the requirements or provisions of any other lawfully adopted Whenever the requirements or provisions of this amending ordinance are SECTION FOURTEEN: CONFLICTS OF LAW and shall be punishable as such. injunctive relief, bring violations before the Code Enforcement a violation of this Ordinance shall constitute a separate violation, Bonita Springs Ordinance No Each separate occurrence of pursuant to, the enforcement procedures established under City of addition, or alternatively, to pursuing criminal penalties or seeking Hearing Examiner, in accordance with all of the provisions of, and 3) The City of Bonita Springs Code Enforcement Officers, may, in or Special Master shall adjudge to the City such relief by way of injunction or any other remedy allowed by law or otherwise, to Ordinance or of any order or regulation made in connection with its facts and circumstances of the case in order to fully effectuate the hereunder. an action to prevent, restrain, correct, or abate any violation of this regulations adopted in orders and rulings made pursuant thereto. constitute a separate offense, and shall be punishable as such administration or enforcement, and the Court, Administrative Board Each separate occurrence of a violation of this Ordinance shall Administrative Board or Special Master of competent jurisdiction, include mandatory injunction, as may be proper under all of the criminal penalties, institute in any Court, or before any 2) The City Council may, in addition, or alternatively, to pursuing SECTION THIRTEEN: CRIMINAL AND CIVIL PENALTIES

25 SCRIVEN ER S ERRORS SECTION SIXTEEN: CODIFICATION, INCLUSION IN CODE AND application. enacted this Ordinance regardless of the invalid or prescribed provision or It is the intention of the City Council for the City of Bonita Springs that the U :\city Attorney\Ordinances\Ordinances 2006\06-04 Noise control Ordinance.doc Page 25 of 25 Date filed with City Clerk: Joyce Aye Ferreira Aye Nelson Aye Grantt Aye Simons Aye Arend Aye McCourt Nay Vote: CrrS ATTORNEY APPROVEDAS TO FORM: - AUTHENTICATI N: Springs, Florida this 5th day of April, DULY PASSED AND ENACTED by the City Council of the City of Bonita The effective date of this ordinance shall be thirty (30) days from its adoption date. SECTION SEVENTEEN: EFFECTIVE DATE not affect the intent may be authorized by the City Manager, or the City codified copy of same with the City Clerk. regardless of whether such inclusion in the code is accomplished, sections of this such other appropriate word or phrase in order to accomplish such intention; and ordinance may be renumbered or re-lettered and typographical errors which do Springs City Code; and that sections of this ordinance may be renumbered or re lettered and that the word ordinance may be changed to section, article, or provisions of this ordinance shall become and be made a part of the Bonita Manager s designee, without need of public hearing, by filing a corrected or re was an inducement to the enactment of this Ordinance, and that it would have effect. The City declares that no invalid or prescribed provision or application