§ 10-33. Noises prohibited.

It shall be a violation of this section for any person to make, continue, or cause to be made or continued a noise disturbance that is plainly audible even if the decibel levels established in section 10-32 are not violated. The following standards may be considered in determining whether a violation of this section exists:

(1)

The volume of the noise.

(2)

The intensity of the noise.

(3)

Time of day of the noise.

(4)

Time duration of the noise.

(5)

Whether the nature of the noise is usual or unusual.

(6)

The volume and intensity of the background noise, if any.

(7)

The proximity of the noise to residential areas.

(8)

The nature and zoning of the area from which the noise emanates.

(9)

The nature and zoning of the receiving land.

With the exceptions provided in this article and state law, the following noises are prohibited notwithstanding the fact that there is no violation of section 10-32.

(1)

Horns, signaling devices, etc. The sound of any horn or signaling device on any automobile or other vehicle, except as a danger warning; the sounding of any horn or signaling device for any unreasonable period of time; and the unreasonable use of any such device.

(2)

Defective vehicle. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unreasonable grating, grinding, rattling or other noises.

(3)

Loading, unloading, opening boxes. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 7:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential real property boundary.

(4)

Construction. Operating or permitting the operation of any tools or equipment in construction, drilling or demolition work between the hours of 7:00 p.m. and 7:00 a.m. any day of the week throughout the year, except Sunday; on Sunday such activities shall not begin before 10:00 a.m. nor last beyond 7:00 p.m. except for emergency work.

(5)

Radios, television sets, musical instruments, and similar devices. It shall be a violation of this section to use, operate, or permit to be played, used, or operated any radio receiving set, musical instrument, television set, stereo set, cassette player, compact-disc player, sound amplifier, loudspeaker or other machine or electronic device for the production or reproduction of sound in a manner which creates a noise disturbance which is plainly audible across any real property line.

(6)

Radios and similar devices within motorized vehicles. It shall be a violation of this section to use, operate, or permit to be played, used or operated any radio receiving set, musical instrument, television set, stereo set, cassette player, compact disc player, sound amplifier or other machine or electronic device for the production or reproduction of sound which is associated with a motor vehicle in a manner which creates a noise disturbance which is plainly audible one hundred (100) feet or more from such device when operated on a public right-of-way or public property.

Any law enforcement officer who hears a sound that is plainly audible, as defined herein, shall be entitled to measure the sound according to the following standards:

a.

The primary means of detection shall be by means of the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical devices, such as microphones or hearing aids.

b.

The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that the officer can readily identify the offending motor vehicle and the distance involved.

c.

The officer need not determine the particular words, or phrases being produced or the name of any song or artist producing the sound. The detection of the rhythmic or pulsating bass reverberating type sound is sufficient to constitute as plainly audible sound.

d.

The motor vehicle from which the sound is produced must be located upon (stopped, standing, or moving) any street or highway as defined by F.S. § 316.003(53). Parking lots and driveways are included when any part thereof is open to the public for purpose of vehicular traffic.

(7)

Engine mufflers. It shall be a violation of this section to operate any internal combustion engine, including such an engine associated with a motorcycle or motor vehicle, without a muffler or other device, at least as effective as the manufacturer's original equipment, which will effectively prevent loud or explosive noises.

(8)

Animals and birds. It shall be a violation of this section for the owner or custodian of any animal or bird, other than a farm animal on real property zoned for agricultural use, to allow that animal or bird to frequently or continuously howl, bark, meow, squawk or make other sounds indigenous to such animal which creates a noise disturbance which is plainly audible across a residential, commercial or industrial real property line. It shall be a violation of this section for the owner or custodian of any dog to allow that dog to bark, bay, cry, howl or make any other similar noise continuously for a period of five (5) minutes or bark intermittently for fifteen (15) minutes or more to the disturbance of any person at any time, day or night, regardless of whether the dog is physically situated in or upon private property. It shall not be a violation of this section, however, for any animal or bird to give a sound of danger warning under circumstances reasonably requiring the need for a warning.

(9)

Vehicle, vessel, and motor repair in or abutting residential areas. It shall be a violation of this section to repair, rebuild or test any motor vehicle, vessel or motor between the hours of 9:00 p.m. of one day and 7:00 a.m. of the next day on property within or abutting any residential zoning district or residential area in such a manner as to cause a noise disturbance which is plainly audible across a real property line of any residential zoning district or residential area.

(10)

Skateboard ramps. It shall be a violation of this section to use any skateboard ramp or similar device between 9:00 p.m. of one day and 7:00 a.m. of the next day in a residential zoning district or residential area in a manner which results in a noise disturbance that is plainly audible across a real property line of any residential zoning district or residential area.

(11)

Air-blow cleaners. It shall be a violation of this section for any person to operate any air-blow cleaning equipment or similar device for the cleaning of parking lots, walkways, driveway or similar areas between the hours of 9:00 p.m. of one day and 7:00 a.m. of the next day that would result in a noise disturbance that is plainly audible across a real property line of any residential zoning district or residential area.

(12)

Portable mechanical equipment. It shall be a violation of this section to use or operate any power tools or portable mechanical equipment, including a power saw, sander, drill, grinder, lawn or garden tool, or similar device, when used outdoors in residential areas between the hours of 8:00 p.m. of one day and 7:00 a.m. of the next day so as to cause a noise disturbance that is plainly audible across a real property line of any residential zoning district or residential area, except when emergency repairs are made to public utilities or to private property to prevent immediate threats to the health, safety and welfare of the public, occupants or owner of private property.

(13)

Places of public entertainment. It shall be a violation of this section for any public entertainment establishment or person associated with or working for a public entertainment establishment to operate, play or permit the operation or playing of any radio receiving set, musical instrument, television set, stereo set, cassette player, compact disc player, sound amplifier or other machine or device for the production or reproduction of a sound between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in such a manner as to create a noise disturbance that is plainly audible across a real property line of any residential zoning district or residential area. Public entertainment establishment is defined as any location or facility where individuals gather such as restaurants, bars, private clubs, club houses, community centers, public parks or similar gathering places whether open to the public or limited to members only.

(14)

[Amplified or non-amplified noise from individuals.] Amplified or non-amplified noise from individuals gathering, talking, laughing, etc. in open, outside spaces such as parking lots or similar open, outdoor space that creates a noise disturbance that is plainly audible.

(15)

Unnecessary noise from the operation of any motor vehicles. The city hereby prohibits the unnecessary and excessive revving of any motor vehicle while operating within the corporate limits of the city, whether on public or private property. The revving of the engine shall be deemed unnecessary and excessive if said revving is not reasonably necessary for the normal, safe operation of said vehicle or the maintenance/repair of same. This includes but is not limited to the revving of a motor cycle engine while the vehicle is not in motion. Violators of this section shall be issued a notice to appear and will be fined the maximum amount allowed under the law.

(Ord. No. 94-23, § 2, 1-10-95; Ord. No. 18-11 , § 1, 7-10-18)