Proposed Noise Ordinance June 19, 2013 ORDINANCE NO. 13-O-19

Transcription

1 Proposed Noise Ordinance June, ORDINANCE NO. -O- AN ORDINANCE OF THE CITY OF TALLAHASSEE, FLORIDA, CREATING DIVISION OF ARTICLE IV, CHAPTER, IN THE TALLAHASSEE CODE OF GENERAL ORDINANCES RELATING TO NOISE STANDARDS, DEFINITIONS, SPECIAL ENTERTAINMENT AREAS; SPECIAL PERMITS; PENALTIES, OFFENSES INVOLVING EXCESSIVE NOISE AND FAILURE TO OBTAIN PROPER SOUND PERMITS, AMENDING CHAPTER TO CROSS-REFERNCE ANIMAL SOUNDS, AMENDING CHAPTER TO CROSS-REFERENCE PUBLIC NOISE NUISANCES, AND AMENDING CHAPTER OF THE TALLAHASSEE LAND DEVELOPMENT CODE TO ELIMINATE INCONSISTENT NOISE STANDARDS, PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, excessive sound within the limits of the City of Tallahassee, Florida is a condition which has existed for some time and the number of excessive sound complaints is increasing; and. WHEREAS, excessive sound is a detriment to the public health, safety, welfare and quality of life of the residents of the city; and WHEREAS, in 0 the Tallahassee Police Department conducted a Sound Study to collect data on noise disturbances using SoundPatrol 00 Sound Level Meters to assess the decibel level of excessive sound complaints; and WHEREAS, the City has compiled data from excessive sound complaints made to the Tallahassee Police Department from 00 to 0 demonstrating the frequency of such complaints in residential areas, and in commercial areas consisting of both outdoor venues and indoor venues such as bars, lounges, cafes and apartment complexes; and WHEREAS, local courts have held that.0, Florida Statutes, often referred to as the breach of the peace or disorderly conduct, can no longer be used to address excessive sound issues; and

2 Proposed Noise Ordinance June, 0 0 WHEREAS, on December, 0, the Florida Supreme Court in Catalano v. State, So.d (Fla. 0) struck down.0, Florida Statutes,as unconstitutional, as applied to traffic violations for the operation of radios or other mechanical sound making devices or instruments in vehicles; and; WHEREAS, it is declared as a matter of legislative determination and public policy that the provisions and prohibitions herein are necessary in the public interest; and it is further declared that the provisions and prohibitions herein are in pursuance of and for the purpose of securing and promoting the public health, safety, welfare and quality of life for the citizens of the City. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF TALLAHASSEE, FLORIDA, AS FOLLOWS: Section. Division of Article IV, Chapter, Offenses Involving Public Peace and Order Generally, is hereby created in the Code of General Ordinances of the City of Tallahassee, Florida, and shall read as follows: DIVISION. NOISE. Sec. -0. Title. This division will be known and cited as the City of Tallahassee Noise Ordinance. Sec. -. Definitions. For the purpose of this division, certain words and phrases used herein are defined as follows: (a) A-weighted sound level means the sound pressure level in decibels as measured with a sound level meter using the A-weighting network. The unit of measurement is the dba. (b) Continuous airborne sound means sound that is measured by the slow-response

3 Proposed Noise Ordinance June, 0 0 setting of a meter manufactured to the specifications of ANSI.- "Specification for Sound Level Meters," or its successor. (c) Day means :00 a.m. to :00 a.m. in Special Entertainment Areas on weekends and :00 a.m. to :00 p.m. in Special Entertainment Areas on weekdays, and on all days in other areas (both non-residential and residential use occupancies). The :00 p.m. and :00 a.m. time limit can be extended by City Manager approval or by special permit as permitted by this Division. (d) Demolition means the act of removing a building or structure as described in section -, Land Development Code. (e) Decibel means a unit of level equal to ten times the logarithm (base ) of the ratio of any two quantities proportional to power. (f) Emergency work means any work made necessary to restore property to a safe condition during or following an emergency, or to protect property threatened by an imminent emergency, to the extent such work is necessary to protect persons or property from exposure to imminent danger or damage. (g) Multifamily residential building for the purposes of this division means any building developed as a multifamily residential development as defined in section -, Land Development Code, and which is comprised of two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses and attached dwelling units. (h) Multi-use property means any distinct parcel of land, whether owned wholly or partially by the same owner, that is used for more than one category of land use or activity, including, but not limited to:

4 Proposed Noise Ordinance June, 0 0 i. A building which is both commercial (usually on the ground floor) and residential property located above, behind, below or adjacent. ii. A commercial, residential, industrial or public service building and/or structure having elevators, automatic gates or garage doors, air conditioners, laundry rooms, health and recreational facilities or other similar devices or areas, either in the interior or on the exterior of the building or structure (i) Night means :00 a.m. to :00 a.m. in Special Entertainment Areas on weekends and :00 p.m. to :00 a.m. in Special Entertainment Areas on weekdays, and on all days in other areas (including both non-residential and residential use occupancies). The :00 a.m. and :00 p.m. time limits can be changed by City Manager approval or by special permit as permitted by this division. (j) Noise means any erratic, intermittent, or statistically random sound which causes a disturbance. (k) Noise level means the sound pressure level as measured in dba by a sound level meter. (l) Noise disturbance means any sound which disturbs a reasonable person of normal sensitivities, and exceeds the sound level limits set forth in this division. (m) Non-residential for the purposes of this division means any commercial, industrial, or office use or property containing businesses where retail sales, service providers, professional, governmental and office uses are legally permitted and are located in zoning districts with or more dwelling units/acre as defined in Chapter, Division of the Land Development Code and include: High Intensity Urban Activity Centers District, Central Urban Districts (CU-, CU-, CU-, CU-), University Transition District, Urban Residential District (R-), Manufactured Home District (MH); Medium

5 Proposed Noise Ordinance June, 0 0 Density Residential District (MR-); Office Residential (OR- and OR-); Airport Vicinity District (OA-); Neighborhood Commercial District (C-); General Commercial District (C-); Medical Arts Commercial District (CM); Commercial Parkway District (CP); Urban Pedestrian (UP- and UP-); Light Industrial District (M-); Open Space (Open Space District (OS); Interchange Commercial District (IC); Medium Density Residential District (MR); Mahan Corridor Ring District (MCR); (Mahan Corridor Node District (MCN); GO- Government Operational Office/Light Industrial District (GO-); Governmental Operational Heavy Infrastructure District (GO-). Any district not included as residential as defined by this section shall be considered non-residential. (n) Person means any person, person's firm, association, co-partnership, joint venture, corporation or any entity public or private in nature. (o) Public space means any lot which contains at least one building that is open to the general public during its hours of operation. (p) Receiving Property means the property from where the complaint is made and at which sound levels are measured. (q) Residential or Residential Use for the purposes of this division means any use or property containing habitually occupied sleeping quarters and located in zoning districts with or less dwelling units/acre as defined in Chapter, Division of the Land Development Code and include: Lake Protection District; Residential Preservation Districts (RP-, RP-, RP-MH, RP-UF, RP-R); Residential Acre District (RA); Residential Districts (R-, R-, R-, and R-); Office Residential (OR-); Neighborhood Boundary Office (NBO), Rural District and Urban Fringe District. (r) Sound means an oscillation in pressure, particle displacement, particle velocity or

6 Proposed Noise Ordinance June, 0 0 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. (s) Sound level means the weighted sound pressure level as measured in db(a) by a sound level meter and as specified in American National Standards Institute (ANSI) specifications for sound-level meters (ANSI S.- (R)). If the frequency weighting employed is not indicated, the A-weighting shall apply. (t) Sound level meter means an instrument, including a microphone, an amplifier, an output meter and frequency weighting networks, for the measurement of sound levels. (u) Sound source or source property means the instrument, machine, apparatus, person, building, structure or property which is producing the sound or from which the noise that is being complained about is emanating. (v) Special Entertainment Areas (SEA) means those areas identified in this division as mixed-use in which alcohol establishments or restaurants exist and where outdoor entertainment and/or amplified music are allowed. (w) Weekday means Sunday, Monday, Tuesday, Wednesday, Thursday, and any other day that is not a "paid holiday" as defined in.(), Florida Statutes. (x) Weekend means Friday, Saturday, and any other day that is a paid holiday as defined in.(), Sec. -. Measurement or Assessment of Sound. (a) Measurement with sound level meter. The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute, S. American National Standard Specifications for Sound Level Meters. The instruments shall be maintained in calibration and good

7 Proposed Noise Ordinance June, 0 0 working order. A calibration check shall be made of the system at the time of any noise measurement. Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used at all times. () The slow meter response of the sound level meter shall be used in order to best determine the average amplitude. An average measurement between ten () and twenty (0) seconds shall be recorded. () Where the measurement is taken is dependent on the source of the noise complaint. a. In case of measurements where the sound source is a private residence or property that has not obtained a special permit pursuant to this division, the measurement shall be made as close to the source as possible. The measurement shall be made at the property line of the source if the City official has permission and access to the property line of the source. If measurement is not possible at the property line of the source, measurement shall be taken at the property line of the complainant (or on the property into which the sound is being transmitted) closest to the source. All measurements shall be made at least three feet away from any ground, wall, floor, ceiling, roof and other plane surface. Indoor measurements may be taken only if the sound source is on or within the same property as receiving property as in the case of multi-use or multi-dwelling unit building or property as described in subsection b.

8 Proposed Noise Ordinance June, 0 b. In case of measurements within a multi-dwelling unit building or multiuse property, or when there is a common wall between the receiving property and the source property, the measurement may be made at any point inside the premises to which any complainant has right of legal private occupancy; provided that the measurement shall not be made within three feet of any ground, wall, floor, ceiling, roof or other plane surface. c. In case of measurements where the sound source is from a commercial establishment in a SEA, a holder of a special permit issued pursuant to this division, or an outdoor source to which the public has access (decks, pools, outdoor party/festival, outdoor concerts etc.), the enforcement officer will take a decibel sound measurement at the property line closest to the source of the noise (speakers, amplifiers, etc.). If the sound level at the source is determined to be within the 0 allowable limits for that district as set by this division, no violation citation will be issued. () All measurements of sound provided for in this division will be made by qualified officials of the city who are designated by the city manager or designee to operate the apparatus used to make the measurements. Sec. -. Tables of Noise Level Limits. (a) It shall be unlawful for any person(s), to permit, cause, allow, amplify, create, emit, or sustain excessive noise on any property located in the City of Tallahassee. Excessive noise shall be noise which exceeds the limitations set forth in this section.

9 Proposed Noise Ordinance June, 0 () Table I indicates the scientifically accepted Noise Levels which if exceeded or not reduced can cause injury or harm. Any source which cannot be reduced to below the noise levels in Table I should be mitigated by protective measures. The protection should reduce the noise level to below the limits of Table I and must not, itself, produce a safety hazard. TABLE I Duration per Day, Continuous Hours Noise Level dba 0 0 ½ ½ ¼ or less () Table II specifies noise level limits in dba which, if exceeded, will have a high probability of producing a noise disturbance complaint warranting police response in a residential use area. Any noise which exceeds in duration or noise level as stated in Table II in areas designated as residential, without a special permit or except if located in a Special Entertainment Area as provided shall be a violation of this division. TABLE II Permissible Residential Noise Levels Time dba :00am :00pm 0 dba :00pm :00am dba The average measurement taken between ten () and twenty (0) seconds shall be no greater than the maximum levels set out in this table 0 This table shall apply to the following districts as defined in Chapter, Division of the Land Development Code and include: Lake Protection District;

10 Proposed Noise Ordinance June, 0 Residential Preservation Districts (RP-, RP-, RP-MH, RP-UF, RP-R); Residential Acre District (RA); Residential Districts (R-, R-, R-, and R-); Office Residential (OR-); Neighborhood Boundary Office (NBO), Rural District and Urban Fringe District. () Table III specifies noise level limits in dba which, if exceeded, will have a high probability of producing a noise disturbance complaint warranting police response in a non-residential area. Any noise, which exceeds in duration or noise level as stated in Table III in areas designated as non-residential, without a special permit or except if located in a Special Entertainment Area as provided, shall be a violation of this division. Any area not otherwise classified shall conform to non-residential standards set forth in Table III. TABLE III Permissible Non-Residential Noise Levels Time dba :00am :00pm 0 dba :00pm :00am 0 dba The average measurement taken between ten () and twenty (0) seconds shall be no greater than the maximum levels set out in this table. 0 This table shall apply to the following districts as defined in Chapter, Division of the Land Development Code: (a) High Intensity Urban Activity Centers District; (b) Central Urban Districts (CU-, CU-, CU-, CU-); (c) University Transition District; (d) Urban Residential District (R-); (e) Manufactured Home District (MH); (f) Medium Density Residential District (MR-);

11 Proposed Noise Ordinance June, 0 0 (g) Office Residential (OR- and OR-); (h) Airport Vicinity District (OA-); (i) Neighborhood Commercial District (C-); (j) General Commercial District (C-); (k) Medical Arts Commercial District (CM); (l) Commercial Parkway District (CP); (m) Urban Pedestrian (UP- and UP-); (n) Light Industrial District (M-); (o) Open Space (Open Space District (OS); (p) Interchange Commercial District (IC); (q) Medium Density Residential District (MR); (r) Mahan Corridor Ring District (MCR); (s) (Mahan Corridor Node District (MCN); (t) GO- Government Operational Office/Light Industrial District (GO-); (u) Governmental Operational Heavy Infrastructure District (GO-); (v) Any other district not included in Table II as residential. () Table IV specifies noise level limits in dba which, if exceeded, will have a high probability of producing a noise disturbance complaint warranting police response in a special entertainment area (SEA). Any noise, which exceeds in duration or noise level as stated in Table IV in areas designated as SEA, without a special permit, shall be a violation of this division.

12 Proposed Noise Ordinance June, 0 TABLE IV Permissible SEA Noise Levels Time dba Weekday :00am :00p.m. dba Weekday :00p.m. :00a.m. 0 dba Weekend :00 a.m. :00 a.m. dba Weekend :00 a.m. :00 a.m. 0 dba The average measurement taken between ten () and twenty (0) seconds shall be no greater than the maximum levels set out in this table. 0 (b)violations of Projection of Noise Within and Between Districts. For purposes of defining the applicable dba level and applicable Table in this section, the allowable dba is dependent on both the zoning district of the complainant and the zoning district of the sound source. () If the district of the complainant and the sound source are the same, the dba noise level (Table), for that district applies. () If the district of the complainant and the district of the sound source are different, no violation shall be issued if the noise level as measured at the property line of the source closest to the complaining property is determined to be within the allowable limits applicable to the district of the sound source as set by this division. (c) Alternative Noise Standards. A Planned Unit Development consisting solely of residential uses at a density of dwelling units per acre or less shall be subject to the noise level standards of Table II, above. A Planned Unit Development containing higher density residential or mixed uses shall be subject to the noise level standards from Table III, above. Alternatively, a Planned Unit Development is eligible for Special Entertainment Area (SEA) status pursuant to the provisions of this Division. Sec. -. Excessive Noise Prohibited. No person shall create, operate or cause to be operated on property any source of sound in such a manner as to create a continuous airborne sound which exceeds the limits

13 Proposed Noise Ordinance June, 0 0 set forth for his or her district as defined in section - in Tables II through IV. Any source of sound in violation of this subsection, not otherwise exempt or properly permitted pursuant to this division, shall be deemed prima facie to be a noise disturbance. Sec. -. Specific Noise Prohibited (a) Specific prohibitions. In addition to the general prohibitions of duration and noise levels set out in sections - and -, and unless otherwise exempted under or allowed by special permit as provided in this division, the following specific acts or sound sources are hereby regulated and shall result in violation of this division. () Radios, televisions, electronic audio equipment, musical instruments or similar devices. No person shall operate, play or permit the operation or playing from any property or parked vehicle of any radio, tape player, television, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic sound making device that produces, reproduces or amplifies sound in such a manner as to create a noise disturbance in violation of section -, Tables II through IV. However, this subsection shall not apply to any use or activity a. for which a special permit has been issued pursuant to this division, or b. to a public or private motor vehicle, or combination of vehicles towed by a motor vehicle when that vehicle is traveling on a public street, road or highway. () Loudspeakers and public address systems. No person shall operate, or permit the operation of, any loudspeaker, public address system or similar device, for any purpose which produces, reproduces or amplifies sound in such a manner

14 Proposed Noise Ordinance June, 0 0 as to create a noise disturbance in violation of section -, Tables II through IV. () Animals. No person shall own, possess or harbor an animal or bird that howls, barks, meows, squawks or makes other sounds that violate section -, Animal Nuisances. Any noise disturbance created by an animal in violation of this section shall be subject to the citation and appeal process set forth in section -(d), City of Tallahassee Code of General Ordinances. () Open house parties. Any person leasing or owning property at which an open house party, as defined by chapter.0, Florida Statutes, takes place and violates the sound levels set forth in Tables II IV, shall in addition to any criminal violations be guilty of a violation of this division and subject to the civil penalties in section this division. Sec. -. Exemptions. (a) Exemptions. The following uses and activities shall be exempt from this division: () Noise from crowds or public events unrelated to amplification; () Activities in the fields, grounds or facilities of any sporting arena, stadium, or sports complex to which the public or community has access; including the use of unamplified musical instruments or amplified sound on school or educational institution grounds during school sponsored activities; () Common carrier stations, including, but not limited to, bus stations, transit malls, train stations and airports; or the operation of buses, trains, airplanes, helicopters and trucks in good repair unrelated to speakers or amplification; () The operation of public maintenance vehicles, i.e. garbage collection vehicles, street sweepers, and other public maintenance equipment that may operate

15 Proposed Noise Ordinance June, 0 during early morning hours for the purpose of street maintenance, repair, or trash removal; () Road festivals, parades, fireworks displays and special events on private or governmental property which is legally sanctioned or for which an appropriate permit has been obtained from the City in compliance with any conditions imposed by that permit and within the permitted area and any privately owned property located contiguous with any public right of way that is closed pursuant to a parade, road festival, or special event permit; () Noise which results from the reasonable use, recreational enjoyment or maintenance of residential property located in the City including, but not limited to, noise made by children, lawn mowers, chippers, clippers, blowers, tools, power tools and tractors during daytime hours; () Unamplified bells and chimes including but not limited to those from historic, community, and/or educational buildings; () Noise from construction or demolition activity. For purposes of this division only, "construction activity" means site preparation, site excavation, and the erection, demolition, alteration or repair of any road, sidewalk, building, structure or other infrastructure; 0 () Noise made at the direction of a governmental entity or utility for emergency, health or safety reasons or the emission of sound for the purpose of alerting the public of an emergency or the performance of emergency work. Sec. -. Special Entertainment Areas. (a) Special Entertainment Areas (SEA) means those areas identified by the City

16 Proposed Noise Ordinance June, 0 Commission as mixed-use in which alcohol establishments or restaurants exist and/or where outdoor entertainment and/or amplified music are allowed. () Designation of Special Entertainment Areas. Any designation of a parcel as a SEA shall be initiated by a property owner in that zoning district through a process set forth by the PLACE Department to be evaluated by PLACE and any other City department that may be deemed necessary with a recommendation made to the City Commission to designate by Resolution and through amendment to subsection () below. () For the purposes of this division the following Special Entertainment Areas are designated in the map as follows:

17 Proposed Noise Ordinance June, 0

18 Proposed Noise Ordinance June, 0 Sec. -. Special Permits. (Temporary Extension, Special Events) (a) Application; general conditions for issuance. Applications for a permit for relief from the maximum allowable noise level limits or times in Tables II- IV designated in this division may be made in writing. Any permit application for a temporary extension of premises will be reviewed by Growth Management and/or TPD, and any other affected department prior to approval by a procedure set forth by the City Manager or his/her designee. Any permit application for a Special Event will be reviewed by Department of Parks, Recreation and Neighborhood Affairs and/or TPD prior to approval by a 0 procedure set forth by the City Manager or his/her designee. Approval must be in writing and shall contain all conditions upon which the permit shall be effective. The reviewing authority may recommend and prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects from noise upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound attenuating devices. (b) Special Permits for entertainment. Special Permits may be granted for the purpose of entertainment under the following conditions: () The function must be open to the public (admission may be charged). () The permit will specify a limited duration and if more than one day and night interval, the permit shall set forth the hours for night time and day time and corresponding dba levels if different than those set forth in Tables II-IV. Functions for which the permits are issued shall be limited to a noise level not to exceed a maximum of dba at the source. () Such events may be subject to additional penalties as set forth in this division.

19 Proposed Noise Ordinance June, 0 0 (c) Itinerant Vendor. Special permits for non-entertainment special purposes may be issued under one or more of the following conditions: () If the special purpose is a recurring purpose (itinerant vendor), that it not occur more often than four times each calendar year. () That the special purpose be absolutely necessary to the operation of the applicant's trade or business or if the special purpose does not relate to the operation of a trade or business, that the special purpose be compatible with the ordinary activities of the adjacent properties in which the special purpose is to occur. () Special permits under this subsection may be issued for no longer than one week, renewable by further application to the Tallahassee Police Department. () Such events may be subject to additional penalties as set forth in this division. (d) Outdoor Events. Special permits for events that feature outdoor amplification and music at commercial establishments at which alcohol is served for consumption on premises and in areas where outdoor entertainment and/or amplified music is allowed may be issued under the following conditions: () The applicant must submit a Temporary Extension Special Event Form that is included in the Large-Scale Event Security Plan (PD-). Information on how to obtain a Temporary Extension Special Event Form is included in the Large-Scale Event Security Plan (PD-) and can be found online ( or () The applicant must show that the outdoor event is compatible with the ordinary activities of the adjacent properties where the special event is to occur. () Such events may be subject to additional penalties as set forth in this division.

20 Proposed Noise Ordinance June, 0 0 Sec. -. Enforcement and Penalties. (a) Procedure upon citation. Any person cited for a violation of this division shall be deemed to be charged with a civil infraction and may be required to appear in county court. () Any person cited for an infraction under this division for a noise violation must sign and accept a citation indicating a promise to: a. Pay the applicable civil penalty within 0 days of issue; or b. Appear in county court within 0 days of issue to receive a trial date, time and location determined by county court. () Any person who willfully refuses to accept and sign the citation shall be in violation of this division and shall be subject to the penalties as described in this division. () If the person cited pays the applicable civil penalty in lieu of appearing in county court, he or she shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. () No person to whom a citation has been issued which requires a mandatory court appearance may pay the civil penalty in lieu of appearing in county court. () Nothing in this division prevents the enforcement officer from issuing an official warning in lieu of a first citation. If an official warning is issued it shall be considered as affording the accused violator one () opportunity to comply with this division s provisions. The warning notice will be written and recorded in a method authorized by the Tallahassee Police Department so that no more than one warning will be issued per accused violator. 0

21 Proposed Noise Ordinance June, 0 0 () Each day such violations are committed or permitted to continue shall constitute a separate offense. (b) Violation of Special Permits. Any person who is required to, but fails to obtain a Special Permit under this division, or that has been issued a Special Permit and gets cited for a violation under this division while the Special Permit is in effect, or violates the terms of the Special Permit, will be subject to the civil fines set forth in this division and additional penalties, including the following: () Immediate nullification of the Special Permit for the first citation. () Any person who is required to, but fails to obtain a Special Permit or any permit holder who violates the terms of his/her special permit more than three times in a day period shall not be eligible for a special permit for a period of days after the third acceptance of citation and payment of any civil fines or a determination of violation of this division by a court of law. The prohibition shall apply to any individual person or corporate establishment and the property on which the establishment is located. (c) Civil Fines. Any person convicted of violating any of the terms of this division shall, upon conviction, be punished by the following: () A fine of $0 for the first citation, () A fine of $0 for the second citation, and () A fine of not more than $00, imprisonment for a term not exceeding 0 days, or any combination thereof, for the third or subsequent conviction. (d) Mandatory court appearance for aggravated violations. A mandatory court appearance shall be required for the following: () The third and subsequent violations at any one property within days;

22 Proposed Noise Ordinance June, 0 0 () The tenth and subsequent violation at any one property over the course of the same ownership. (e) Joint and several responsibilities. The owner, tenant or lessee of property, or a manager, overseer or agent, or any other person lawfully entitled to possess the property from which the offending sound is emitted at the time the offending sound is emitted, shall be responsible for compliance with this division. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with this division and shall be liable for penalties described in this section whether or not the person actually causing the sound is also found liable. (f) Nothing in this division shall be found inconsistent with state law and nothing in this section prevents or precludes an entity from bringing his or her private cause of action for nuisance abatement or a declaration of public nuisance as defined in section -, of this Code, against an entity creating a noise disturbance in violation of section -, Tables II - IV. Section. Section -, CP Commercial Parkway District, of Chapter, Zoning, of the Tallahassee Land Development Code is amended as follows: Sec CP Commercial Parkway District. * * *. Noise Source Restrictions: In the event that a property zoned CP abuts a residential property, the noise source of the CP zoned property shall not exceed at L noise level of 0 dba in the daytime (:00 a.m. to :00 p.m.) and an L noise level of 0 dba in the night time (:00 p.m. to :00 a.m.) as measured on the property line abutting the source... Reserved.

23 Proposed Noise Ordinance June, 0 0 Section. Section -, NBO Neighborhood Boundary Office, of Chapter, Zoning, of the Tallahassee Land Development Code is amended as follows: Sec NBO Neighborhood Boundary Office * * *. Noise Source Restrictions: In the event that a property zoned NBO abuts a residential property, the noise source of the NBO zoned property shall not exceed an L noise level of 0 dba in the daytime (:00 a.m. to :00 p.m.) and an L noise level of 0 dba in the night time (:00 p.m.. to :00 a.m.) as measured on the property line abutting the source.. Reserved. Section. Section -, Animal Nuisances, of Chapter, Animals, of Tallahassee Code of General Ordinances is amended as follows: Section - - Animal Nuisances * * * (d) A citation for violation of this section may be issued based upon: () Receipt of affidavits of complaint signed by two or more residents of the city, each residing at different addresses in the vicinity of the animal or incident. The affidavits shall set forth the nature and the time(s) and date(s) of the act(s), the owner of the animal(s), the address of the owner and a description of the animal(s) doing such act(s); () The observance of noncompliance made by an animal control officer or a law enforcement officer during the course of the lawful performance of his/her duties; or () Relevant information gathered during the course of other animal control investigations and activities and information shared by law enforcement agencies.,

24 Proposed Noise Ordinance June, 0 0 including a sound measurement taken pursuant to the City Noise Ordinance in Division of Chapter, Noise, of this Code. Section. Section -, Definitions, in Article IV, Public Nuisances Abatement, of Chapter, Environment, of the City of Tallahassee Code of General Ordinances is amended as follows: Section -. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Public nuisance means: * * * () Any property, place or premises which has been found in violation after a mandatory court appearance pursuant to section -(d), of this Code used on more than three occasions in a day period. six-month period as the source of loud, excessive, unnecessary or unusual noise. For purposes of this section only, each unit of a multifamily apartment building shall be considered the "place or premises." Section. Section -, Declaration of public nuisance and entry of order; contents and expiration date, in Article IV, Public Nuisances Abatement, of Chapter, Environment, of the City of Tallahassee Code of General Ordinances is amended as follows: Sec Declaration of public nuisance and entry of order; contents and expiration date. (a) After conducting the hearing referred to in section -, the board may declare the place or premises to be a public nuisance.

25 Proposed Noise Ordinance June, 0 0 (b) If the board declares such place or premises to be a public nuisance, it may order any one or all of the following: () The discontinuance of the nuisance; () The closing of the place or premises; () The prohibition of conduct, operation, or maintenance of any business or activity on the premises, and/or business or activity which is conducive to the maintenance of such nuisance; () The payment to the city by the owner or occupant, as determined appropriate by the board, of a fine of $0.00 for an initial finding by the board of the existence of a public nuisance and $00.00 for each subsequent finding in, at, or on the same premises pursuant to F.S..0 and.0(e);, except that no fines may be issued for a public nuisance as defined by section -, for which fines have already been paid pursuant to section -, of this Code for the underlying noise violations; or () The board may order any combination of subsection (b)(), (), (), or () of this section. (c) An order entered by the board, except for those imposing fines, under this section shall expire after one year or at such other time as is stated in the order. Section. Conflict with Other Ordinances and Codes. All ordinances or parts of ordinances of the City of Tallahassee, Florida, in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section. Effective Date. This ordinance shall take effect.

26 Proposed Noise Ordinance June, 0 INTRODUCED by the City Commission on the day of, 0. PASSED by the City Commission on the day of, 0. 0 ATTEST: By: James O. Cooke, IV City Treasurer-Clerk CITY OF TALLAHASSEE By: John R. Marks, III Mayor APPROVED AS TO FORM By: Lewis E. Shelley City Attorney