§ 10-35. Outside amplification permit.

(a)

Findings.

(1)

The city council finds as follows:

a.

Sound amplification devices, by their nature, are intended to increase sound, and they therefore generally increase the likelihood that sound will become unreasonable noise as defined in this article, or that sound will violate the noise level standards set forth in this article;

b.

Sound amplification devices used to provide entertainment, are generally used and intended to attract persons to the site where such devices are used;

c.

Within many areas of the city are located non-residential uses of property, such as restaurants and bars, that are within close proximity to residential areas, and the tendency of such commercial uses to utilize sound amplification devices to attract customers to their site, also increases the tendency of sounds emanating from such uses to disturb the peace and enjoyment of those persons occupying property in the adjacent residential areas;

d.

The areas referred to in subsection c. above have historically been the subject of numerous noise complaints; and

e.

The close proximity of such non-residential uses, particularly where they are concentrated, within close proximity to residential areas requires the use of permitting requirements to help ensure that the provisions of this article are not violated.

(2)

The purpose of this section is to address the tendency of sound amplification devices within the areas described above to increase sound to impermissible levels that violate this article.

(b)

Sound permits for use of amplified sound equipment.

(1)

No outdoor amplified sound equipment may be located outdoors on any nonresidential property where such equipment is located within one thousand (1,000) feet of a residential area, unless the person owning or occupying the property has a valid, current sound permit. For purposes herein, sound equipment shall also be deemed to be "located outdoors" if:

a.

Affixed or attached to the exterior of the structure;

b.

Set in or near a window or other opening, such that the sound is directed away from the enclosed structure or toward any outside areas of the property on which the equipment is located; or

c.

Located within an outdoor seating area.

A sound permit is not required if the sound from the outside amplification source is not plainly audible at the real property boundary line. Sound permits are not required for city sponsored events and private functions [which are regulated by section 10-34(10)].

(2)

Sound permits shall be valid for a period of time identified in the permit, unless suspended pursuant to section 10-35(e).

(c)

Application requirements and procedures.

(1)

Application for sound permits shall be made to the community development department, and shall include all information necessary to assure compliance with this article, including:

a.

Name, address and phone number of the owner of the property and any persons having charge over the property on which the sound equipment will be located.

b.

Clear and legible drawings with description showing the location and type of sound equipment that will be used, in relation to the property boundaries and any permanent structures located on the property.

(2)

All permit applications shall be approved or denied within thirty (30) calendar days after submission. Any application not specifically denied within the 30-calendar day period shall be deemed granted.

(3)

No sound permit shall be issued unless the information provided by the applicant indicates that the sound amplification equipment will be oriented toward the interior of the property, unless the information provided shows that sound barriers or other means of noise attenuation shall be placed so as to substantially reduce the amplified sound that would otherwise impact adjacent properties or adjacent street right-of-way. The sound permit shall include as an attachment or incorporate by reference, a plan or sketch indicating location and orientation of the sound equipment, as well as the type and location of sound barriers or other means of attenuation.

(4)

The community development director shall notify an applicant in writing no later than ten (10) days of a decision to deny a sound permit. The written notice shall include a statement as to why the permit has been denied, and a statement that the permittee has the right to appeal denial in accordance with the procedure set forth herein. A person whose application for sound permit is denied may appeal the decision as provided in herein. If no appeal is timely filed in accordance with procedure set forth herein, the denial shall be deemed to be final administrative action.

(d)

Conditions of compliance.

(1)

A permittee shall comply with each of the following conditions:

a.

The permittee shall not use, or suffer or permit the sound amplification equipment to be used, to produce noise that is prohibited by section 10-33 of this Code.

b.

The permittee shall, upon request by a city police or code enforcement officer, turn the amplification equipment off to allow the officer to obtain sound readings for purposes of measuring compliance with the noise level standards set forth in section 10-32.

c.

The permittee shall operate the sound equipment permitted hereunder, solely from 11:00 a.m. until 10:00 p.m., except when the city council establishes alternate permissible hours for declared special events.

d.

The sound equipment, and any sound barriers or other attenuation barriers included in the permit, shall at all times be located and oriented in accordance with subsection 10-35(c)(3) of this Code; and

e.

The sound equipment and any sound barriers or other attenuation devices approved as part of the permit, shall comply with any applicable requirements of the Florida Building Code, including any local amendments which the city may adopt from time to time.

(2)

Upon the determination that an amplified sound in excess of the sound level permitted herein, the sound shall be reduced by the city staff to a compliant sound level if the property owner or tenant fails to reduce the sound.

(e)

Suspension of sound permits.

(1)

The permits and licensing director shall be authorized to suspend a sound permit issued hereunder:

a.

For up to thirty (30) days whenever the permittee has failed to comply with a condition of compliance as set forth in section 10-35(d);

b.

For up to sixty (60) days whenever the permittee refuses to comply with subsection 10-35(d)(1)b.; and

c.

For up to ninety (90) days, whenever a court of law or the special magistrate has adjudicated the permittee to be in violation of subsection 10-35(d)(1)a.

(2)

In determining whether to suspend a sound permit and the duration of suspension, the community development director shall consider the harm to public safety and the negative effects on the use and enjoyment of neighboring properties, the intent of the permit holder, the extent, duration and repetition of the violation, previous violations, any previous warnings or advisements, and the breadth of the record of information.

(3)

Whenever the community development director suspends a sound permit in accordance with subsection (1) or (2) above, the administrator shall notify the permittee in writing at the address indicated on the permit application. The written notice shall contain a summary of the violation and a statement that the permittee has the right to appeal in accordance with section 10-35(f) of this Code. If no appeal is timely filed in accordance with section 10-35(f), the denial shall be deemed to be a final administrative action.

(f)

Appeals (council decision—no appeal).

(1)

Appeals of any determination to deny a permit application or suspend a permit under this division may be made as follows:

a.

The person whose permit application has been denied or whose permit was suspended shall within ten (10) days of receipt of the written notice of denial of a permit application or suspension, file with the city manager's office a written request for a hearing before the city manager.

b.

The hearing before the city manager shall to be held within five (5) working days of the receipt of the appeal. Written notice of the hearing shall be provided to the appellant no less than twenty-four (24) hours before the appeal, at the address provided by the written request for hearing. During the hearing, the appellant may present evidence and may be represented by legal counsel, but formal rules of evidence shall not apply. Within two (2) working days of the end of the hearing, the city manager shall affirm, modify or reverse the decision, utilizing the applicable criteria set forth in this Code for issuance of sound permit or suspension of sound permit, as the case may be.

c.

Whenever an appeal has been made to a suspension of permit, the filing of the timely filing of the appeal shall stay the suspension until the city manager has made the decision regarding the appeal. If the city manager modifies a suspension, the city manager may not impose a suspension greater than the period of suspension under appeal. The decision of the city manager shall be deemed the city's final administrative action.

d.

The status or disposition of a criminal prosecution of the permit holder for a violation of this article arising out of the same facts or incident giving rise to the denial or suspension of a permit, shall not effect or be a bar to the administrative proceedings provided in this section.

(Ord. No. 18-11 , § 1, 7-10-18)