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Home My WebLink AboutO-12-01ASAMENDED ON �-�1-12 ORDINANCE NO. 0-12-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO NOISE; AMENDING CHAPTER 67 OF THE CODE OF THE CITY OF SEBASTIAN; DELETING THE EXEMPTION FOR NOISE EMANATING FROM NON-RESIDENTIAL USES; PROHIBITING CERTAIN NOISE; PROVIDING ENFORCEMENT; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Chapter 67 of the Code of the City of Sebastian is hereby amended as follows: Sec. 67-1. - Noises; unnecessary and excessive prohibited. A. It shall be unlawful and a violation of this section for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. °^A1°° lo.�ol �.�h�nh ov�ocrlc +ho �mhicn� cn� �n�J lovol hv , , m� �14if�milv rocirlcn�i�l h� �ilrlin c ��ihcn rr+o�� g��,��e , � , �,�on��.,o n„��o B. A violation of this chapter � shall occur mo�c � �romon� hoinn ..,.��,o if circumstances are such that a violation would be obvious to an ordinary, reasonable, prudent person. C. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this chapter but this enumeration shall not be deemed to be exclusive, namely: (1) Power tools and landscape equipment. The operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise producing tools which are used at a residence out-of-doors between 9:00 p.m. and 7:00 a.m. (2) Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or bird which causes frequent, habitual or continued noise and which disturbs the peace, quiet and comfort of neighboring residents. (3) Radios, televisions, CD players, musical instruments, speakers, loudspeakers, amplifiers, and similar devices �n r°°;�°^f;�� r°�° .The using, operating, or permitting to be played, used or operated any radio, television, CD player, musical instrument, speakers, loudspeakers, amplifiers or other machine or device for the producing, reproducing or amplifying sound in such manner as to disturb the peace, quiet and comfort of �e+�#�e�i� r°°�,�� neiqhbors. T ^^ +;,,,, „f ,.,,, c�� nh �o+ , inc�mon4 m�nhino �� •ioon �ho h�� irc nf � �.!1(1 „.,, �.,,� �:nn � m in c� �Qnh� � Sec. 67-2. - Responsibility for compliance. A. For the purposes of this article, any person owning or having responsibi�ity for management of a premises, however temporarily, or any performer or disc jockey producing sound upon any premises, any person playing music, any person having control of volume knobs or levels or amplification devices, and the business as named on the occupational license, if applicable, shall be jointly and severally liable for compliance with this article and shall be responsible for any violations of this article. B. Any person, firm or corporation mav provide the citv with the name and phone number(s) of one or more persons who may be called to achieve compliance with this chapter. City enforcement officers, when furnished with such contact information, shall attempt to reach those persons by phone in an attempt to achieve compliance and such persons shall also be responsible for compliance as defined in section 67-2 A. above. 2 Sec. 67-3. - Enforcement procedure, warnings, and citations. A. (a3 Warnings. A first violation of this chapter shall result in a warning, either oral or written, that details the violation with specificity and requires prompt corrective action be taken by any person(s) responsible for compliance as defined in section 67-2. B. {#} Citations. If corrective action is not taken within #ive fifteen (15) minutes of the warning, or if a warning for the same offense has been issued within the past 60 days, an enforcement officer is authorized to issue a citation for each subsequent violation in accordance with the following schedule: � The first citation issued within 60 davs of a warning for the same offense shall carry a fine of $50.00. � The second citation issued within 60 days of a warninq for the same offense shall carry a fine of $250.00. � The third and each subsequent citation issued within 60 days of a warninq for the same offense shall carry a fine of $500.00. Sec. 67-4. - Exemption. The following uses and activities shall be exempt from the noise regulations set forth in this chapter: (1) Noises of authorized safety signals and warning devises. (2) Noises emanating from any government vehicle or property. C'�� ,a�r�m n�r�roci�on�i�� y 3 �{43 Noises 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 an imminent exposure to danger, including without limitation noises from generators or other equipment used by communications companies or other utility companies due to a commercial power outage or in connection with restoration of service operations or routine testinq of such generators or other equipment. �� Any activity authorized by the city council or city manager. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance may be made a part of the City Code of Laws and ordinances and may be re-numbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Effective Date. This ordinance shall take effect immediately upon adoption. The foregoing Ordinance was moved for adoption by Councilmember Wright The motion was seconded by Councilmember Gillmor and, upon being put to a vote, the vote was as follows: � Mayor Jim Hill Vice-Mayor pon Wright Councilmember Andrea B. Coy Councilmember Richard H. Gillmor Councilmember Bob McPartland aye nay ave aye The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of February 2012. CITY OF SEBASTIAN, FLORIDA B: M or Jim Hill ATT , %��,,____-___- .� Sally A. M o, MMC City Cler Approved as to Form and Legality for Reliance by the City of Sebastian only. ��%( Robert A. Ginsburg, Cit Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 5