MARTIN COUNTY, FLORIDA INTER-OFFICE MEMORANDUM TO: Board of County Commissioners DATE: February 4, 2016

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1 MARTIN COUNTY, FLORIDA INTER-OFFICE MEMORANDUM TO: Board of County Commissioners DATE: February 4, 2016 VIA: Michael D. Durham County Attorney FROM: Tanya Fender Assistant County Attorney SUBJECT: Noise Ordinance BACKGROUND: In 2015, the Martin County Sheriff s Office ( Sheriff ) issued two citations to a local entertainment business for violation of Martin County s ( County ) noise ordinance ( Ordinance ) pertaining to commercial establishments. Thereafter, the business retained counsel due to concern over language in the Ordinance which allows the Board to revoke the occupational license of a business if there have been three or more violations within the period of one year. Counsel for the business then filed for a variance request, which would be heard by the Board of Zoning Adjustment. At this time, the citations as well as the request for a variance are on hold while a review of the Ordinance is being undertaken. Several changes appear to be needed. SUMMARY/DIRECTION REQUESTED: The County Attorney s Office requests direction from the Board regarding amendments to the Ordinance as follows: 1. Whether the language regarding sound decibel (db) levels should be removed from the Ordinance. 2. If db language is removed, language will need to be added to reflect violations for plainly audible noise within a specified distance. Direction from the Board will be needed regarding this distance, and it is suggested that for consistency, the Board continue to require a distance of 150 feet Direction from the Board regarding amending the Ordinance to add a 1 This excludes violations for motor vehicles and motorboats on the public right of law or public property. Currently, measurements for motor vehicles and motorboats are taken from 100 feet of the vehicle/boat. 1 of 21 Page 1 of 4 leg2016m78.docx

2 definition for plainly audible. It is suggested that this definition be added. 4. Direction from the Board regarding where the measurement of the specified number of feet should be taken. It is suggested that for consistency, the Board require this measurement to be taken at the property line of the violating residence or business establishment. 5. Direction from the Board regarding striking Section of the Ordinance, relative to variances. It is suggested that this section be stricken. 6. Direction from the Board regarding striking Section G. of the Ordinance, relative to revoking occupational licenses. It is suggested that this section be stricken. 7. Direction from the Board establishing enforcement through the Special Magistrate. If a Commissioner wishes this matter to be placed on an Agenda, please advise Taryn Kryzda or Michael Durham. CURRENT METHODS OF ENFORCEMENT: Currently, the County s Ordinance allows the Sheriff to enforce this Ordinance using two methods. The first method utilizes db levels. The decibel level is measured using a machine that needs to be calibrated prior to each use and after each use to ensure the machine is functioning properly. Currently, the Sheriff is not utilizing the db machines due to the upkeep requirements and the practicality of using them. Direction is needed from the Board as to whether the language in the Ordinance related to db levels should, in light of the information from the Sheriff, be deleted or remain as an alternative option of enforcement. The Sheriff s position is that the provisions relative to db levels be deleted. The second method allows the Sheriff to enforce violations by determining whether the noise is plainly audible from a specified distance. At this time, the Sheriff is enforcing the Ordinance using this plainly audible method. PLAINLY AUDIBLE - NUMBER OF FEET AND MEASUREMENT: It appears that the Ordinance should be amended and updated to reflect a legally defensible definition for plainly audible. Research reflects that ordinances using a plainly audible enforcement method are upheld so long as a definition for plainly audible is provided in the ordinance. 2 of 21 Page 2 of 4 leg2016m78.docx

3 The large majority of the Ordinance provides that the specified noise, be that bells, loudspeakers, motor vehicle repair, construction activity, and so forth, is either not to occur or is not to cross the real property boundary of the subject property between the hours of 9:00 p.m. and 7:00 a.m. The noise level is then set at a particular db level for the remainder of the day based on the land use of the property. If the Board directs that the language relative to db levels is to be stricken from the Ordinance, language will need to be added to reflect violations for plainly audible noise within a specified distance, such as 150 feet. It also appears that the Ordinance will need to be amended and updated for consistency in terms of the where the measurement will occur. It is suggested that this measurement be taken at the property line of the violating residence or business establishment. VARIANCES AND REVOCATION OF OCCUPATIONAL LICENSES: It is suggested that Section of the Ordinance, relative to variances, be stricken. It is further suggested that Section G. of the Ordinance be stricken. This section provides that, after three or more violations within a calendar year of Section K. of the Ordinance (relating to commercial establishments), the Board may, after notice and a public quasi-judicial hearing, revoke the occupational license of the establishment. First, the Tax Collector issues occupational licenses, not the Board. Second, this section, if enforced, may create possible future exposure to the County via a takings claim. ENFORCEMENT AND PENALTIES: Finally, the County Attorney s Office needs direction from the Board regarding Section of the Ordinance, related to Enforcement and Penalties. Currently, this Ordinance can be enforced pursuant to Section , Florida Statutes (maximum sentence 60 days in county jail and/or a fine not to exceed $500 dollars) or Part 1 of Chapter 162, Florida Statutes. (violations heard before the Special Magistrate). Citations issued under Section , Florida Statutes, are to be heard by the County Court. Use of this section is not optimal, as it may require, at a cost to the County, the hiring of an attorney for the violator. Further, this section establishes the maximum fine in County Court as $ dollars. In comparison, use of a Special Magistrate would allow the imposition of a larger maximum fine for repeat offenders. It appears that the best option is to amend and update the Ordinance to require enforcement pursuant to Part 1 of Chapter 162, Florida Statutes only. With this method, violations would be heard by the Special Magistrate. The Sheriff s 3 of 21 Page 3 of 4 leg2016m78.docx

4 Office would continue to issue these citations. Repeat violators would be subject to enhanced penalties up to $5, Additionally, while further research is necessary, it may also be a possibility that the Special Magistrate could establish additional remedies for repeat violators, such as restrictions on the type of sound equipment used and so forth. The City of Stuart s new noise ordinance, attached as Exhibit A, provides for the use of a Magistrate in these proceedings, and addresses other concerns such as mandatory appearances, contempt of court, and conditions on repeat noise violators. Martin County s Noise Ordinance is attached as Exhibit B for your review and comparison. As always, please feel free to contact Michael Durham with any questions. Copy: Tanya Fender, Assistant County Attorney Brittany Brooks, Martin County Sheriff s Office Larry Massing, Building Director 4 of 21 Page 4 of 4 leg2016m78.docx

5 v 2 3 BEFORE THE CITY COMMISSION 4 CITY OF STUART, FLORIDA 5 6 ORDINANCE No AN ORDINANCE OF THE CITY COMMISSION OF THE CITY 9 OF STUART, FLORIDA AMENDING THE CODE OF 10 ORDINANCES AT CHAPTER 20 BY DEFINING AND 11 PROVIDING FOR SOUND LEVELS WITHIN THE CITY; 12 PROVIDING FOR FINES AND PENALTIES; REPEALING ALL 13 ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR 14 SEVERABILITY; PROVIDING FOR CODIFICATION; 15 PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 16 PURPOSES WHEREAS, the City Commission has determined that the existing sound ordinance is in 21 need of revision due to recent case law and compliance with the Florida Statutes, as amended; 22 and 23 WHEREAS, the City Commission recognizes that sound regulation uniformity and 24 consistency throughout the City benefits the city, its residents, and the public; and 25 WHEREAS, there currently exists Section 4-3( c)( 2), Stuart City Code, relating to 26 alcoholic beverage establishments in the Historic Downtown, in which the current sound 27 ordinance of the City of Stuart, Florida is enforced at all times of the night and day, and the City 28 Commission desires to repeal it in favor of uniformity for the public and its residents; 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 30 CITY OF STUART, FLORIDA that: 5 of 21

6 Ordinance No Noise Ordinance ( Second Reading) 1 SECTION 1: The Code of Ordinances of the City of Stuart, Florida, is hereby amended at 2 Chapter 20, Article VI, NOISE, by amending Sections through , to read in their 3 entirety as follows: 4 ARTICLE VI. - NOISE 5 Sec Definitions. 6 The following words, terms and phrases, when used in this article, shall have the 7 meanings ascribed to them in this section, except where the context clearly indicates a 8 different meaning: 9 Amplified sound venue means any facility such as a business, private club, residence, 10 or gathering of persons, whether or not for profit, that provides electronically amplified 11 music, or speech. 12 Attached business or dwelling unit means two or more businesses or dwelling units that 13 are contiguous and share a common demising wall. 14 Ambient sound level means the total sound pressure in the area of interest including the 15 noise source of interest. 16 Background sound level means the total sound pressure level in the area of interest 17 excluding the noise source of interest. 18 Industrial use means any use or process permitted under section , of the Stuart 19 Land Development Code, but not including amplified sound venues, or the use of 20 electronically amplified sound equipment. 21 Motor vehicle means, for the purpose of this article, any self- propelled or towed vehicle 22 including, but not limited to, cars, trucks, truck trailers, semi-trailers, campers, 23 motorcycles, motor- driven cycles, mini- bikes, go- carts, golf carts, all- terrain vehicles, 24 dune buggies, swamp buggies, air-cushion vehicles, recreational vehicles, trailers, boat 25 trailers, boats, personal watercraft, airboats, aircraft, and drones. 26 Noise, as used this article, means any unwanted or unwelcome sound that causes or 27 may cause an adverse psychological or physiological effect on human beings, 28 regardless of its source, which is acoustically, mechanically or electronically produced. 29 It may include, but shall not be limited to sounds emanating or originating from: 30 amplification equipment, such as loudspeakers, sound systems, televisions, radios, and 31 musical instruments; construction equipment, blowers, motors, engines, compressors 32 and other machinery; full size and scale model motor vehicles; and vocalization by 33 domesticated animals, domesticated birds, and by natural persons. 34 Premises means the lot, parcel, dwelling or business from which any sound originates 35 unless the sound originates from an attached business or dwelling unit. For attached 36 business or dwelling units, including shopping centers, duplexes and triplexes, the term 37 Premises means the area immediately adjacent to, or between, and within the demising 38 walls of the business or dwelling unit. Page 2 of 8 6 of 21

7 Ordinance No Noise Ordinance ( Second Reading) 1 Sound means any oscillation in pressure, particle displacement, particle velocity or 2 other physical parameter in a gaseous medium, including air, with internal forces that 3 causes compression and rarefaction of that medium. 4 Sound level for non- vehicular noise means the flat-weighted sound pressure level 5 measured with slow response using a sound level meter 6 Sound level meter means a self-calibrating instrument complying with the specification 7 for a Type 1 or Type 2 self-calibrating commercial sound level meter that meets the 8 standards for sound level meters by the American National Standards Institute, Inc. 9 ( ANSI), or its successor bodies. 10 Vehicle means any device in, upon, or by which any person or property is or may be 11 transported or drawn upon a highway, except devices moved by human power or used 12 exclusively upon stationary rails or tracks. 13 Weekday means Sunday through Thursday (except for city recognized holidays). 14 Weekend means Friday, Saturday and Holidays recognized by the city; additionally, 15 holiday eves (from 5: 00 PM and later) shall be considered the same as holidays Sec Sound regulation ( a) Vehicles. For all noise emanating from vehicles, including motor vehicles, the 20 maximum permissible sound level, and all other vehicular noise regulation, shall be that 21 prescribed in Sec and Sec , Florida Statutes, as amended from time 22 to time ( b) All other sources of noise: For all noise, except vehicle noise, the maximum 25 permissible sound levels, at the property line from which the sound originates, shall be decibels from 8: 00 AM until 10: 00 PM, and 60 decibels from 10: 00 PM until 8: 00 AM 27 at all times throughout the city ( c) Use of self-calibrating sound level meter authorized; Measurement of any sound 30 level shall be made using a sound level meter. No court or magistrate shall require any 31 particular user certification in the prosecution of offenses where it can be demonstrated 32 the officer or witness using the sound level meter possesses the general knowledge and 33 ability to accurately use the sound level meter, and the sound meter is self-calibrating, 34 and was self- calibrated prior to its use. If the ambient sound level is less than 3 dba 35 higher than the background sound level, the source level cannot be derived and 36 violation of the chapter cannot be substantiated. 37 ( d) Location of measurement. Measurement of any sound with a sound level meter 38 shall be as follows: 39 1) Non- vehicular noise originating from private property shall be measured at the 40 property line of the property where the noise originates. Page 3 of 8 7 of 21

8 Ordinance No Noise Ordinance ( Second Reading) 1 2) Non- vehicular noise originating from a public right-of-way or public property 2 shall be measured at a distance of fifty ( 50) feet from the source of the noise. 3 ( e) Exemptions. Based upon public emergency, necessity or convenience, 4 reasonable public custom, lack of jurisdiction, or municipal proprietary function, the 5 following uses are exempted from the requirements of subsections ( a) and ( b): 6 1) Law enforcement, fire suppression, rescue, and ambulance emergency 7 operations. 8 2) Holiday fireworks approved, sanctioned or sponsored by a governmental 9 agency. 10 3) Warning devices at railroads, airports, roadway intersections, and upon 11 hazardous use structures; and the use of horns to warn of a dangerous condition. 12 4) Burglar alarms and fire alarms. 13 5) Aircraft and drones in lawful ground or aerial operations. 14 6) Boats and other watercraft in lawful operations. 15 7) Chimes or bells used in permitted clock towers, schools, or places of worship 16 or assembly. 17 8) Amplified sound associated with special events permitted by the city, including 18 but not limited to: cultural and sporting events; artistic performances; ceremonial or 19 traditional activities, including outdoor markets, festivals, speeches, concerts, or 20 shows that have been permitted, approved, sanctioned, or sponsored by the city. 21 Notwithstanding this exemption, the city as the permitting agency, reserves the 22 right to require the operators of such special events to lower the sound pressure or 23 to comply with subsection ( b). Nothing contained herein shall be construed as 24 otherwise exempting amplified sound venues from complying with the requirements 25 of subsection ( b) without a special event permit. 26 9) Portable emergency power generators, portable pumps, portable 27 compressors, and similar portable equipment run by a motor or internal combustion 28 engine, used to abate a bona fide emergency condition. Such equipment shall not 29 emit more than 85 db sound pressure, off the premises from which it is originating ) Sanitation operations which include the unloading, emptying or collection of 31 any waste or recyclable container, and including the cleaning of authorized grease 32 traps. Such operations shall only be permitted between the hours of 7: 00 a. m. and 33 7: 00 p. m. daily ) Landscape, power washing, lawn maintenance or similar temporary equipment 35 operations, including those using truck mounted internal combustion engines, 36 compressors or pumps. Such equipment shall not emit more than 85 db sound 37 pressure, off the premises from which it is originating. Page 4 of 8 8 of 21

9 Ordinance No Noise Ordinance ( Second Reading) 1 Sec Enclosure of certain machinery. 2 All heating, ventilating, air conditioning ( HVAC) equipment, refrigeration equipment, 3 swimming pool pumps, irrigation pumps, generators, or other electric or internal 4 combustion engines, motors, pumps, compressors, and machinery, which emit noise in 5 the operation thereof shall be installed and operated: 6 1) Within a primary or accessory building; or 7 8 2) Outside of such building and enclosed within a sound absorbing structure or 9 cabinet with the resulting sound not exceeding the requirements of subsection 10 b), unless the operation of said machinery without a sound absorbing structure 11 or cabinet otherwise meets the sound pressure levels of subsection ( b). 12 Sec Outdoor construction and landscape activity; loading or unloading. 13 As a means of assuring that unlawful noise is curtailed, the following shall be further 14 regulated: 15 ( a) Outdoor construction, demolition, landscape activities, mechanical operations, 16 and the like, that depend upon the use of mechanical, electric, internal combustion, or 17 air driven tools, equipment and blowers, shall be prohibited between the hours of 7: p. m. and 7: 00 a. m., except on Sundays and city recognized holidays. On Sundays and 19 city recognized holidays, construction, demolition, landscape activities, and mechanical 20 operations, as stated herein, shall be prohibited, except between the hours of 12: noon and 7: 00 p. m. 22 ( b) Outdoor loading or unloading of bulk raw materials or finished goods, in excess of 23 one- half cubic yard ( volume) or one- half ton ( weight) (" deliveries"), shall be prohibited 24 between the hours of 7: 00 p. m. and 7: 00 a. m., Monday through Saturday, except on city 25 recognized holidays. On Sundays and city recognized holidays, deliveries as stated 26 herein, shall be prohibited except between the hours of 12: 00 noon and 7: 00 p. m. This 27 prohibition shall not apply to movers of household goods at a dwelling unit, which shall 28 be prohibited from starting work any earlier than permitted herein, but which may 29 continue beyond 7: 00 p. m., until the work is concluded. 30 Sec Administrative variance for construction. 31 In the event of a bona fide emergency, such as a public calamity, storm event, fire, 32 flood, or for the protection of persons and property from imminent danger or destruction, 33 or where it is determined by the city that a certain temporary construction method is 34 more efficient or effective, environmentally beneficial, or serves the public interest, and 35 is preferable to a non- noisy one, the city development director may grant an 36 administrative variance to this ordinance. Said administrative variance shall be for the 37 shortest duration necessary to resolve the emergency or perform the construction, but 38 may be extended or renewed by the city development director for good cause shown. 39 Page 5 of 8 9 of 21

10 Ordinance No Noise Ordinance ( Second Reading) 1 Sec Citation; notice to appear; hearing; and local business tax. 2 In addition to any other penalties or procedures provided in the code of ordinances or 3 provided by law, noise violations may be enforced by the following procedure: 4 5 ( a) In the event that any person cited or regulated by this article disputes a citation or 6 development order issued by the city, such person shall have ten days from the written 7 rendition of such development order or citation within which to file a notice of request for 8 a hearing before the city magistrate challenging such development order or citation. 9 Such notice must be in writing, filed with the city clerk or designee, and must specify the 10 basis upon which the development order or citation is being challenged ( b) A hearing challenging a development order or citation shall be barred unless 13 filed within the time prescribed in this article ( c) All applicants seeking to pay the local business tax within the City shall 16 indicate if they have, or will have, amplified sound at the business. If the applicant has 17 or will have amplified sound, they shall be provided a copy of this ordinance, and shall 18 acknowledge, in writing, receipt of the ordinance. 19 Sec Fines and penalties; contempt. 20 ( a) Noise is transitory in nature, and once uttered or rendered cannot be undone. 21 Therefore, any violation of this article is determined to be irreparable or irreversible in 22 nature, and shall be subject to the enhanced fine provisions of section , Florida 23 statutes ( b) Citations or notices of violation and notices to appear issued pursuant to this 26 article shall be in accordance with the following schedule: If the violation is a first offense, a written warning shall be issued; If the violation is a second offense, the violator shall pay a fine of $ ; If the violation is a third offense, the violator shall pay a fine of $ ; If the 33 violation is a fourth offense, the violator shall pay a fine of $ 1, Any violation that is a fifth offense or more shall be subject to a mandatory hearing 36 before the city' s code enforcement magistrate, and shall be subject to a fine of not 37 less than $ 2, 500 or more than $ 5, ( c) In addition to any fines and costs levied by the magistrate for violation of this 40 ordinance, the magistrate may impose other reasonable sanctions, including but not 41 limited to, restriction of hours of operation of the venue or portion thereof; and restriction 42 of the type, location, and use of amplified sound equipment. 43 Page 6 of 8 10 of 21

11 Ordinance No Noise Ordinance (Second Reading) 1 ( d) Any person who fails to eliminate a noise violation when required by a police officer 2 or code enforcement officer, or who fails to appear when compelled, may be held in 3 contempt by a magistrate following an order to show cause, and a hearing before the 4 issuing magistrate, and thereafter be subject to an additional fine of up to $ 1, , 5 plus administrative costs. 6 7 SECTION 2: CONFLICTS. All ordinances or parts of ordinances in conflict herewith are 8 hereby repealed to the extent of such conflict. Section 4-3( c)( 2) of the Stuart City Code, is 9 specifically repealed. 10 SECTION 3: SEVERABILITY. If any section, sentence, clause, phrase or word of this 11 ordinance is for any reason declared to be unconstitutional, inoperative or void, such holding 12 shall not affect the remaining portions of this ordinance and the remaining portions shall be 13 deemed and held to be valid. 14 SECTION 4: CODIFICATION. The operative provisions of this ordinance shall be 15 codified. 16 SECTION 5: EFFECTIVE DATE. This ordinance shall take effect immediately upon its 17 adoption. 18 PASSED on First Reading this 9th day of November, Commissioner offered the foregoing ordinance and moved its adoption. 20 The motion was seconded by Commissionerfnejonoti and upon being put to a roll call vote, 21 the vote was as follows: YES NO ABSENT KELLI GLASS LEIGHTON, MAYOR JEFFREY A. KRAUSKOPF, VICE MAYOR TOM CAMPENNI, COMMISSIONER TROY MCDONALD, COMMISSIONER EULA R. CLARKE, COMMISSIONER ADOPTED on Second Reading this 23rd day of November, X C Page 7 of 8 11 of 21

12 Ordinance No Noise Ordinance ( Second Reading) 1 2 A ST: 5 t 6 C- i 'YL WHITE LLI ASS LEIGHTON 7 CI V CLERK AYOR 8 9 APPROVED AS TO FORM 10 AND CORRECTNESS: s _ / 13 MI'/ T A L J. MORTELL 4S uk. TSn ' D" CITY ATTORNEY 0 ti CAPITAL Page 8 of 8 12 of 21

13 ARTICLE NOISE [8] Footnotes: --- (8) --- Cross reference Animals, ch. 9; motor vehicles and traffic, ch. 115; use of loud noises or amplifiers by peddlers, State Law reference Motor vehicle control, F.S , et seq. Sec Short title. This article shall be known and may be cited as the "Martin County Noise Control Ordinance." (Code 1974, ; Ord. No. 531, 1, ) Sec Intent and purpose. It is the intent and purpose of this article to regulate uses and activities in Martin County in such a manner as to prevent excessive noises which degrade the quality of life, disturb the public peace, and jeopardize the health, safety and welfare of the citizens of Martin County. It is further the intent of this article to recognize that factors such as the time of day, location (e.g., proximity to residences), necessity of public projects for the public good, and necessity of sounds incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms. (Code 1974, ; Ord. No. 531, 2, ) Sec Definitions. All terminology used in this article, not specifically defined herein, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. Audible means sound which the sheriff or a sheriff's deputy can hear at the distance required under this ordinance. A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated db(a). Commercial establishment means any business, profession or occupation for which an occupational license or business tax is required under Chapter 123 of the Code of Laws and Ordinances of Martin County. Construction means any site preparation, assembly, erection, substantial repair, alteration (or similar action) of structures, utilities, public or private right-of-way or similar things. Construction does not include demolition. Decibel (db) means a unit for measuring the volume of sound; it is a logarithmic (dimensionless) unit of measure used in describing the amplitude of sound. Decibel is denoted as db. Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property. Page 1 13 of 21

14 Device means a mechanism which is intended to produce or which actually produces noise when operated or handled. Emergency means any occurrence or set [of] circumstances involving actual or imminent physical injury to persons or property which demands immediate action. It shall be the burden of the alleged violator to prove the emergency. Emergency vehicle means a motor vehicle used in response to a public calamity or to protect persons or property from imminent danger. Emergency work means work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent exposure to danger. Motor vehicle means any self-propelled vehicle, such as, but not limited to, passenger cars, trucks, truck trailers, semitrailers, campers, motorcycles, minibikes, go-carts, amphibious craft on land, dune buggies or racing vehicles which are propelled by mechanical power. Motorboat means any vehicle which is primarily operated on water or which does operate on water, such as boats, barges, amphibious craft, or hovercraft, and which is propelled by mechanical power. Muffler means any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end. To qualify, such an apparatus must cause a reduction in sound pressure level of at least (x) db(a) upon insertion into the system for which it is intended. Noise means any audible sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings, including, but not limited to, a radio, television set, exterior loudspeaker, musical instrument, phonograph, sound amplifier, drum, or other machine or device for the production or reproduction of sound. Noise Ambient noise level means the sound pressure level of the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources; the A- weighted sound pressure level exceeded 90 percent of the time based on the one-hour period. Noise Continuous noise means a steady, fluctuating, or impact noise which exists, essentially without interruption, for a period of one hour or more. Noise Cyclically-varying noise means a steady, fluctuating, or impulsive noise which may or may not contain a pure tone, which varies in sound pressure level such that the same level is obtained repetitively at reasonably uniform intervals of time. Noise Fluctuating noise means the sound pressure level of a fluctuating noise that varies more than six db(a) during the period of observation, when measured with the slow meter characteristic of sound level meter, and does not equal the previously existing ambient noise level more than once during the period of observation. Noise Impulsive noise means a sound of short duration, usually less than one second, of sound pressure level 20 db(a) or more over the ambient noise pressure level, using the fast meter characteristic, with an abrupt onset and rapid decay. An example of a source of an impulsive noise is an explosion. Noise Steady noise means a sound pressure level which remains essentially constant during the period of observation, i.e., the fluctuations are too small to meet the criteria for fluctuating noise. Period of observation means the time interval during which acoustical data and facts are obtained. All periods of observation made hereunder shall be determined with regard to the character of the noise being measured and the particular instrument used to make the measurement. It shall be ANSI S of the American National Standards Institute or the latest version thereof. Person means any natural person, individual, association, partnership, corporation, municipality, governmental agency, business trust, estate, trust, two or more persons having a joint or common interest or any other legal entity and includes any officer, employee, department, agency or instrumentality of the Page 2 14 of 21

15 United States, a state or any political subdivision of a state or any other entity whatsoever or any combination of such, jointly or severally. Powered model vehicles means any powered vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means. Private right-of-way means any street, avenue, boulevard, highway, sidewalk, bikepath, or alley, or similar place which is not owned or controlled by a governmental entity. Property boundary means an imaginary line exterior to any enclosed structure, at the ground surface, which separates the real property owned by one person from that owned by another person, and its vertical extension. Public right-of-way means any street, avenue, boulevard, highway, alley, or public space which is dedicated to, owned or controlled by a public governmental entity. Public space means any property or structures thereon normally accessible to the public. Receiving land use means the land which is receiving the noise as designated by the future land use map of the Martin County Comprehensive Growth Management Plan, notwithstanding the actual use of the land. Recreation vehicle means a piece of mechanized equipment for conveyance for off-road use. RMS (root mean square) means the square root of the mean of a set of squared values. RMS sound pressure means the square root of the time averaged square of the sound pressure. Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. Sound level means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting A, B or C as specified in American National Standards Institute specifications for sound level meters ANSI S , or the latest version thereof. If the frequency weighting employed is not indicated, the A-weighting shall apply. Sound level meter means an instrument of type 2 or better, as specified in the American National Standards Institute Publication S , or the latest version thereof, which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels. 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. Sound pressure level means 20 times the logarithm to the base 10 at the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 10 (to the -6) N/m (squared)). The sound pressure level is denoted "Lp" or "SPL" and is expressed in decibels. Sound 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 article, 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 of the two contiguous one-third octave bands by five db for center frequencies of 500 Hz and above and by eight db for center frequencies between 160 and 400 Hz and by 15 db for center frequencies less than or equal to 125 Hz. (Code 1974, ; Ord. No. 531, 3, ; Ord. No. 815, pt. 1, ; Ord. No. 897, pt. 1, ) Sec Measurement of sound. Page 3 15 of 21

16 A. Standards, instrumentation, personnel, measurement procedures, and reporting procedures to be used in the measurement of sound as provided for in this article shall be in accordance with those adopted by resolution of the Martin County Board of County Commissioners. Amendments to the enforcement standards resolution may be made by the Martin County Board of County Commissioners, based upon the best professional information available, latest technical advances, changes in sound measuring equipment or changes in prevailing academic, technical or operational criteria B. The measurement period shall be not less than ten minutes (continuous), as measured at the property boundary of the receiving parcel. In multifamily developments (including duplex developments), the measurement shall be taken from the receiving premises. (Code 1974, ; Ord. No. 531, 4, ) Sec Specific noise prohibitions. The following specific standards and restrictions shall apply to specific uses and/or activities in unincorporated Martin County except for such exemptions as are enumerated in section of this article. The following acts are declared to be loud, disturbing, and/or excessive noise in violation of this article, but said acts shall not be deemed to be exclusive: A. Radios, television sets, exterior loudspeakers, musical instruments, and similar devices. Operating or permitting the use or operation of any radio receiving set, television set, phonograph, drum, musical instrument, exterior loudspeaker, sound amplifier or other machine or device in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for the convenient hearing for the person or persons who are in the room, vehicle, chamber or on the property where such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio receiving set, television set, phonograph, drum, musical instrument, exterior loudspeaker, sound amplifier or other machine or device between the hours of 9:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 150 feet from the building, structure or vehicle or the property line of the property where such machine or device is located shall be prima facie evidence of a violation of this section. This provision shall not apply to commercial establishments as regulated in section K., below. Radios, cassette players, disk players and similar devices associated with motor vehicles or motorboats, shall not be operated in such a manner as to create noise at 100 feet or more from such device, when operated on a public right-of-way or public space B. Construction equipment and activity. Operating or causing to be operated any equipment or performing any outside activity in furtherance of construction, repair, alteration or demolition work on buildings, structures, roads, or projects within the County between the hours of 9:00 p.m. and 7:00 a.m. unless a variance as set forth in section for such construction or repair work between such hours has been obtained from Martin County on the basis of good cause shown C. Engine mufflers. Operating any internal combustion engine, including such an engine associated with a motorboat, or motor vehicle without a muffler or other device at least as effective as that installed as original equipment by the manufacturer, which will effectively prevent loud or explosive noises therefrom D. Motor vehicle, motorcycle or motorboat repair in residential areas. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle, or motorboat within or abutting any residential land use designation in such a manner as to create noise across a real property boundary between the hours of 9:00 p.m. and 7:00 a.m E. Activities in the vicinity of schools, courts, churches, and hospitals. Creating any excessive noise on any street adjacent to any school, court, church, or hospital which Page 4 16 of 21

17 unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in a hospital F. Peddlers, hawkers, or vendors. It shall be unlawful for peddlers, hawkers, or vendors to shout or cry along or on a roadway to the disturbance of the peace or quiet of a neighborhood G. Drums, cymbals, and loudspeakers. Creating, making, or maintaining any noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the County for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business. This provision shall not apply to ice cream trucks or approved public events H. Bells or sirens on vehicles. Using, in conjunction with any unauthorized vehicle, any bell or siren similar to that used on ambulances or vehicles of the Sheriff, Fire Department, and other public safety agencies I. Skateboard ramps. Using any skateboard ramp or similar configuration for skateboarding or rollerblading between 9:00 p.m. and 7:00 a.m. in a residential land use designation in such a manner that would result in noise across a real property boundary J. Air-blow or vacuum cleaners. Operating any air-blow or vacuum cleaning equipment or similar devices for the cleaning of parking lots, walkways, driveways, or similar areas between the hours of 9:00 p.m. and 7:00 a.m. that would result in noise across a real property boundary K. Commercial establishment. It shall be unlawful for any commercial establishment or person associated with or working for said commercial establishment to operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, exterior loudspeaker, sound amplifier, or similar device in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for the convenient hearing for the person or persons who are at the commercial establishment where such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio receiving set, television set, phonograph, drum, musical instrument, exterior loudspeaker, sound amplifier or other machine or device, between the hours described below, in such manner as to be plainly audible at a distance of 150 feet from the commercial establishment where such machine or device is located shall be prima facie evidence of a violation of this section. *Sunday 9:00 p.m. until Monday 7:00 a.m. *Monday 9:00 p.m. until Tuesday 7:00 a.m. *Tuesday 9:00 p.m. until Wednesday 7:00 a.m. *Wednesday 9:00 p.m. until Thursday 7:00 a.m. *Thursday 9:00 p.m. until Friday 7:00 a.m. Friday 11:00 p.m. until Saturday 7:00 a.m. Saturday 11:00 p.m. until Sunday 7:00 a.m. National holidays (as established in 5 U.S.C. 6103) 11:00 p.m. until 7:00 a.m. of the following day. * except if National holiday L. Landscape maintenance. Undertaking landscape maintenance activities in such a manner as to create noise across a real property boundary between the hours of 9:00 p.m. and 7:00 a.m. Golf courses engaged in the regular maintenance of greens, fairways, practice areas, etc., are exempt from this provision M. Powered model vehicles. Operating or permitting the operation of powered model vehicles in such a manner as to create noise across a real property boundary between the hours of 9:00 p.m. and 7:00 a.m N. Animal noises. It shall be unlawful for the owner or custodian of any animal to permit such animal to habitually bark, whine, howl, squawk, screech, crow or cause any other noise which is objectionable due to pitch, frequency, timing, or any combination thereof. Page 5 17 of 21

18 (Code 1974, ; Ord. No. 531, 5, ; Ord. No. 815, pt. 1, ; Ord. No. 824, pt. 1, ) Sec Maximum noise level by receiving land use designation. Maximum permissible sound levels by receiving land use. It shall be unlawful to operate or cause to be operated any source of sound or to project a sound or noise across a real property boundary in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use designation in table 1 when measured at or within the property line of the receiving land use designation. TABLE 1 Land Use Designation Time Maximum Noise Levels Institutional Includes the following designations: General Institutional, Recreational, and Public Conservation 7:00 a.m. 9:00 p.m. 9:00 p.m. 7:00 a.m. 55 db(a) 50 db(a) Residential Includes the following designations: Rural, Estate, Low, Medium, High and Mobile Home Densities 7:00 a.m. 9:00 p.m. 9:00 p.m. 7:00 a.m. 60 db(a) 55 db(a) Commercial Includes the following designations: General, Limited, COR, and Waterfront Commercial 7:00 a.m. 9:00 p.m. 9:00 p.m. 7:00 a.m. 65 db(a) 60 db(a) Industrial 7:00 a.m. 9:00 p.m. 9:00 p.m. 7:00 a.m. 70 db(a) 65 db(a) Agricultural 7:00 a.m. 9:00 p.m. 9:00 p.m. 7:00 a.m. 70 db(a) 65 db(a) Page 6 18 of 21

19 A. Residential developments within an agricultural land use designation shall be subject to the decibel level thresholds for residential land use designations B. District boundaries. When a noise source can be identified and its noise measured in more than one land use designation, the pressure level limits of the most restrictive use district shall apply at that designation boundary C. Correction for intermittency. If the character of the sound is not steady, an exception to the above provisions may be made as follows: TABLE 2 Character of Sound Correction Applied to Sound Pressure Level Limit db(a) Source operates continuously 1 minute or less in any hour +15* Source operates continuously 5 minutes or less in any hour +10* Source operates continuously 15 minutes or less in any hour +5* Source of repetitive impulse character -5 Source has pure tone or is of cyclically varying amplitude -5 *Apply one correction only. (Code 1974, ; Ord. No. 531, 6, ) Sec Exemptions. The following noises shall be exempt from the restrictions set forth in the other sections of this article A. Noises of authorized safety signals and warning devices B. Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency or any other public safety operation C. Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger. Page 7 19 of 21

20 D. Noises incidental to mosquito control activities by Martin County Mosquito Control E. Noises incidental to County-approved refuse collection F. Noises incidental to the activities of bona fide agricultural operations, excepting broadcast equipment G. Noises associated with uses or activities whereby an administrative approval to produce such noises contrary to the restrictions of this article has been obtained from the Board of Zoning Adjustment, as set forth in section of this article H. Community events such as fairs, sporting events, school activities, community festivals, etc., which do not extend their activities beyond 11:00 p.m. Any community activity which is proposed to extend beyond 11:00 p.m. and may violate a provision of this article must receive approval under the provisions of section of this article I. Airport-related noise. Noises generated from any airport-related activities are regulated by the standards contained in article 4, division 12 of the Martin County Land Development Regulations J. Noises associated with public works construction or maintenance projects K. Noises associated with the Sheriff's shooting range L. Noises incidental to construction tools and equipment used and operated on a construction site between the hours of 7:00 a.m. and 9:00 p.m., provided that such tools and equipment are equipped with all sound-reducing features and equipment originally part of the tool or equipment, or at least as effective as that installed as original equipment. For purposes of this subsection, the term "construction site" shall be limited to residential properties or construction activities that would require a building permit. (Code 1974, ; Ord. No. 531, 7, ) Sec Variances A. A variance from the provisions of this article may be granted via an administrative hearing before the Board of Zoning Adjustment. The Board of Zoning Adjustment shall hold a public hearing on the subject request. Such public hearing shall be scheduled for any regularly scheduled meeting of the board after the following notification requirements are met: B. that: 1. Public notice in a newspaper of general circulation at least 15 days prior to the hearing. 2. Notification by the owner of the subject property by return receipt mail of the requested deviation from the provisions of this article at least ten days prior to the hearing of all property owners within 300 feet of the property boundaries as determined by the most recent tax roll maintained by the Property Appraiser. The Board of Zoning Adjustment may grant a variance upon a showing by the applicant 1. Additional time is necessary for the applicant to alter or modify the activity in order to comply with the provisions of this article; or 2. The applicant's use and activity predated the adoption of this article, and the applicant has taken all reasonable or feasible measures (including, but not limited to, altering or modifying the activity and installing sound-reducing measures) to reduce or eliminate the emission of noise to the limits required by this article, and has reduced overall noise, though not to the limits of the ordinance; or 3. The activity, operation or noise source will be a temporary duration and cannot be done in a manner that would comply with the provisions of this article; and Page 8 20 of 21

21 4. No reasonable alternative is available to the applicant C. The Board of Zoning Adjustment shall have authority to impose conditions on the granting of a variance D. Any variance granted pursuant to this section shall contain thereon all conditions upon which said variance has been granted, including, but not limited to, the effective date, time of day, location, sound level limit or equipment limitations and duration of variance. (Code 1974, ; Ord. No. 531, 8, ) Sec Enforcement and penalties. Except for section K., violation of this ordinance is a misdemeanor pursuant to F.S , and is punishable by a fine of up to $ In addition, this ordinance may be enforced pursuant to F.S. ch. 162, pt. I A. For violations of section K., the Martin County Sheriff's Office shall be the enforcing agency for this ordinance B. Violation of section K. is a civil infraction C. The penalty for violation of section K. shall be: First infraction: $ Second infraction: $ Third infraction and every infraction thereafter: $ There shall be a $50.00 reduction in the civil penalty if the person who has committed the civil infraction does not contest the citation D. Citations shall be issued by a Martin County Sheriff's Deputy who has reasonable cause to believe that a person has committed an act in violation of this ordinance E. Contested civil infractions shall be heard by the County Court F. This ordinance sets forth the provisions and procedures necessary for the enforcement of section K under F.S. ch. 162, pt. II, Supplemental County or Municipal Code or Ordinance Enforcement Procedures G. In addition, the Martin County Board of County Commissioners may revoke the occupational license issued pursuant to chapter 123, Martin County Code, for any commercial establishment that is the location of three or more violations of section K in any calendar year. Prior to revoking any such occupational license, the Martin County Board of County Commissioners shall provide the licensed commercial establishment with at least 20 calendar days' notice of a public quasi-judicial hearing to be held regarding such revocation. (Code 1974, ; Ord. No. 531, 9, ; Ord. No. 824, pt. 1, ) Secs Reserved. Page 9 21 of 21