HomeMy WebLinkAboutO-1984-002 ORDINANCE N0. 02-84
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
PROVIDING FOR THE CONTROL OF EXCESSIVE AND
UNNECESSARY NOISE; TO ESTABLISH MAXIMUM
PERMISSIBLE SOUND LEVELS FOR LAND USE CATE-
GORIES ; TO ESTABLISH MAXIMUM SOUND LEVELS
FOR MOTOR VEHICLES ; TO PROVIDE FOR PENALTIES
FOR VIOLATIONS THEREOF ; PROVIDING A REPEALER;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE .
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WHEREAS , excessive and unnecessary noise endangers the
physical and emotional health and welfare of the community ,
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interferes with legitimate business and recreational activity,
increases construction costs , depresses property values , offends
the senses , creates public nuisances , and, in other respects ,
reduces the quality of life; and,
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WHEREAS , a substantial body of science and technology
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exists by which excessive sound may be measured and substantially
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abated; and,
WHEREAS , the regulation of excessive and unnecessary noise
which interferes with and injures the health and general welfare
of the community is within the police power of the City of Dania;
fNOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA:
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Section 1 : Scope" The provisions of this Ordinance shall
j apply to the control of all sound originating within the geographical
limits of the city and outside the city limits , within all territory r
to which the jurisdiction of the City extends .
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Section 2 : Definitions . For the purpose of this Ordinance ,
the following definitions shall apply :
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a) A-Weighted Sound Pressure Level - The sound pressure
level as measured with a sound level meter using the A-weighting
network. The standard rotation is DB(A) or dBA.
i b) Alarm - Any fire , burglary, motor vehicle or civil
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defense alarm, whistle or similar stationary emergency signaling
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device .
c) Commercial Area - An area as defined in the Municipal
Code of Ordinances .
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d) Const�on - Any site preparation, assembly, erection,
substantial repair , alteration, demolition or similar action, for
or of public or private rights-of-way , structures , utilities , or
similar property.
Ie) Emer enc - Any occurrence or set of circumstances in-
volving actual or imminent physical trauma or property damage
demanding immediate attention.
f) Emergency Vehicle - A motor vehicle belonging to a
fire department or certified private vehicle belonging to a
volunteer fireman, or firefighting association, partnership or
ulance , a motor vehicle belonging to a private
corporation, an amb
security agency , or a motor vehicle belonging to a federal , state ,
county or municipal law enforcement agency; provided said vehicles
are in use as an emergency vehicle by one authorized to use said
vehicle for that purpose .
work for the purpose of preventing
g) Emergency Work - Any
or alleviating the physical trauma or property damage threatened
or caused by an emergency.
h) Gross Vehicle Weight Rating R) - The value specified
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by the manufacturer as the recommended maximum load weight of a
i where trailers and tractors are
single motor vehicle. In cases
separable , the gross combination weight rating, which is the value
specified by the manufacturer as the recommended maximum loaded
weight of the combination vehicle, shall be used.
i) Industrial Area - An area as defined in the Muncipal 1,
Code of Ordinances .
j ) Land Use Category - The classification of an area , such
as residential , multi-family dwelling, convetional , commercial ,
industrial , noise sensitive area or public space , according to
I its use . Any area not otherwise classified shall be considered
ill a commercial area. In case of multiple use , the more restrictive
use category shall apply.
I, k) Motor_ Vehicle - Motor vehicle means a two or more
Ll wheeled vehicle , or machine, propelled or drawn by mechanical
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ipower and used on the public roads and highways in the trans-
portation of passengers or property; or any cobmination thereof,
which is required to be licensed, but does not include any
vehicle , locomotive or car operated exclusively on rail or
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rails .
1) Multi-family Dwelling - A building or other shelter
that has been divided into separate units to house more than one
family.
m) Noise Sensitive Area - An area where a school, hospital ,
nursing home, church, court or public library is located.
n) Person - Any individual , association, partnership , cor-
poration, and includes any officer, employee , department , agency
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or instrumentality of the United States .
o) Powered Motor Vehicle - Any self-propelled airborne,
waterborne , or landborne plane , vessel or vehicle which is not
designed to carry persons , including, but not limited to, any � .
model airplane, boat , car or rocket .
jp) Public Right-of-Way - Any street , avenue , boulevard,
highway, sidewalk , alley or similar place normally accessible
{ to the public which is owned or controlled by a governmental
entity.
q) Public Space - Any real property or structure thereon
owned by a governmental entity and normally accessible to the
public , including, but not limited to , parks and other recrea-
tional areas .
r) Real Property Line - A line along the surface, and its
vertical plane extension, which separates the real property owned,
rented or leased by one person from that owned, rented or leased
by another person , excluding intra-building real property division.
j s) Residential Area - An area as defined in the Code of
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Municipal Ordinances .
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t) Sound Level - The A-weighted sound pressure level ob-
tained by use of a sound level meter as specified in American
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National Standards Institute Specifications for sound level
meters (ANSI SI. 4-1971 , as amended) .
All terminology used herein and not defined shall be in
conformance with applicable publications of the American National
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Standards Institute (ANSI) .
Section 3 : Excessive Noise Prohibited. No person shall
make , continue or cause to be made or continued any loud unneces-
sary or excessive noise which unreasonably interferes with the
comfort and repose of others within the jurisdiction of the City
of Dania.
Section 4 : Maximum Permissible Sound Levels . It shall be
unlawful , except as expressly permitted herein, to make, cause
or allow the making of any noise or sound which violates the pro-
visions of this Ordinance .
a) No person shall operate or cause to be operated any
source of sound from any location in such a manner as
to create a sound level which exceeds the limits set
forth in Table 1 for the receiving land use category
more than ten percent (10%) of any measurement period,
which period shall not be less than ten (10) minutes ,
when measured at or beyond the property boundary of
the land use category from which the sound emanates ,
provided, however , that in the case of multi-family
dwelling land use category, the sound level shall be
measured within an adjacent intra-building dwelling.
b) For any source of sound, the sound level shall not
exceed the maximum permissible sound level limit set
forth in Table 1 by 15 dB(A) for all land use cate-
gories .
c) Sound level measurement shall be made with a sound
level meter using the A-weighting scale in accordance
with the standards promulgated by the American National
Standards Institute (ANSI) .
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TABLE 1
MAXIMUM PERMISSIBLE SOUND LEVELS
BY RECEIVING LAND USE CATEGORY
Land Use Category
Time Sound Level Limit
Residential , Noise Sensitive 7 a.m. - 10 p .m. 60 dB (A)
Area, Public Space 10 p .m. - 7 a .m. 55 dB(A)
Multi-Family 7 a.m. - 10 p.m. 50 dB(A)
Dwelling 10 p .m. - 7 a.m. 45 dB(A)
Commercial , 7 a .m. - 10 p.m. 65 dB(A)
Convention 10 p .m. - 7 a.m. 60 dB(A)
Industrial At all times 75 dB(A)
Section 5 : Exemptions . The following are exempt from the
second level limits of Table 1 :
a) Domestic power tools , lawn mowers and agricultural
equipment , when operated with a muffler , between the
hours of 7 a.m. to 9 p.m. on weekdays and Saturdays
" and 8 a .m. to 9 p.m. on Sundays and holidays .
b) Noises resulting from any authorized emergency vehicles
when responding to an emergency .
c) Noises made by persons having obtained a parade or
concert permit from the City.
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d) Any noise resulting from activities of a temporary
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duration, for which a special permit has been granted
pursuant to this Ordinance , and which conforms to the {
conditions and limits stated thereon.
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e) Noises from church bells and chimes.
j f) Noises made by zoo animals .
g) Noises from construction activity are exempt from
Table 1 except that the industrial sound level limit
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shall apply in all land use categories .
Section 6 : Specific Prohibitions . In addition to the
general prohibitions set out above , the following specific acts
are declared to be in violation of this Ordinance :
a) Horns Signaling Devices . The sounding of any horn
or signaling device on any motor vehicle on any
street or public place in the City continuously and/or incessantly
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for a period in excess of sixty seconds, except as a danger warning.
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b) Radios , Televisions , Musical Instruments and Similar
Devices .
1. Tne operating or playing of any radio , musical
instrument or similar device which produces or repro-
duces sound on the public rights-of-way in such a
manner as to be plainly audible to any person other
than the operator of the device.
2 . The operating or playing of any radio, television,
phonograph, musical instrument or similar device which
produces or reproduces sound in a motor vehicle or pub-
lic park in a manner as to be plainly audible at a
distance of 15 meters (50 feet) .
3 . The operating or playing of any radio , television,
phonographs , musical instrument or similar device
which produces or reproduces sound in such a manner as
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to exceed the levels set forth in Table 1 for the land
use category.
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c) Loudspeakers and Sound Amplifiers . The using or opera-
ting of any loudspeaker, loudspeaker system, sound
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amplifier or other similar device between the hours of
w 10 p.m. and 7 a.m. on weekdays , and 10 p .m. and 10 a.m.
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on weekends and holidays , within or adjacent to resi-
dential or noise sensitive areas such that the sound
therefrom is plainly audible across the real property
line of the source ; provided, however , that this shall
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not apply to any public performance , gathering or
parade for which a permit has been obtained from the City.
d) Street Sales . The offering for sale by shouting or out-
cry within any residential , commercial or noise sensitive j
area except by permit issued by the City.
e) Animals . The owning, possessing, or harboring of any
animal which frequently, or for continued duration,
howls , barks , squawks , or makes other sounds which
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create excessive and unnecessary noise across a residential
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or commercial real proerty line or within a noise
sensitive area. For the purpose of this Ordinance,
"barking dog" shall mean a dog that barks , bays ,
cries , howls or makes any other noise continuously
and/or incessantly for a period of ten (10) minutes ,
or barks intermittently for one-half (1/2) hour or
more to the disturbance of any person at any time of
day or night , regardless of whether the dog is physi-
cally situated in or upon private property; provided,
however, that a dog shall not be deemed a "barking dog"
if, at the time the dog is barking or making any other
noise, a person is trespassing or threatening to tres-
pass upon property in or upon which the dog is situated.
f) Construction and Demolition. The operating of any
equipment used in construction work within 50 meters
(52 yards) of any residential or noise sensitive area Y
between the hours of 9 p.m. to 7 a.m. on weekdays and
jSaturdays and 9 p.m. to 8 a.m. on Sundays and holidays ,
except for emergency work.
g) Powered Model Vehicles The operating of, or permitting
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the operating of, powered motor vehicles :
1. between the hours of 9 p.m. and 7 a.m. on weekdays
and Saturdays and 9 p.m. to 8 a .m. on Sundays and
holidays , or
2 . in such a manner as to exceed the levels set for
public space land use, measured at a distance of not
closer than 30 meters (110 feet) from the operator.
h) Emergency Signaling Devices
1 . Except in case of an emergency, the intentional
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i sounding of any alarm between the hours of 10 p.m. and
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7 a.m.
2 . The testing of any alarm for a period in excess
of sixty (60) seconds at any time.
3 . The testing of a complete emergency signaling system, I
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including the signaling device and the personnel
response to the signaling device , more than once
in each calendar month, and the sounding of said
emergency signaling system for a period in excess
of fifteen (15) minutes .
Section 7 : Motor Vehicles. No person shall operate a
motor vehicle at any time in such a manner as to exceed the sound
level limits for the category of motor vehicle shown in Chapter
316 . 293(2) , Florida Statutes .
a) For purposes of this Ordinance , the City shall adopt
Chapter 316. 293, Florida Statutes , which establishes
the sound level limits and procedures for measurement
of vehicle noise.
b) Adequate Mufflers or Sound-Dissipative Devices .
1. No person shall operate or cause to be operated
any motor vehicle, or motorcycle not equipped with a
muffler in good working order and in constant opera-
tion.
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2 . No person shall remove or render inoperative or
cause to be removed or rendered inoperative , any
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muffler or sound-dissipative device on a motor vehicle R
or motorcycle other than for purposes of maintenance ,
repair or replacement.
Section 8 : Special Permits . Any person desiring relief
from any provision of this Ordinance shall apply for a special
permit to cause or create a noise at sound levels which would
otherwise be in violation of this Ordinance . Applications for a
special permit shall be made in writing to the City Manager on
forms provided for that purpose . Payment of a fee of Twenty
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j Dollars ($20 . 00) shall accompany the application. The City Manager
shall grant said special permit upon a showing by the applicant
that :
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a) additional time is necessary for the applicant to
alter or modify the activity in order to comply with
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the provisions of this Ordinance; or
b) the activity, operation or noise source will be
of a temporary duration and cannot be done in a
manner that would comply with the provisions of
this Ordinance; and
c) no reasonable alternative is available to the
applicant; and ,
d) the application has been approved by the Public
Safety Director.
Any permit granted pursuant to this section shall contain
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j thereon all conditions upon which said permit has been granted,
including, but not limited to the effective date , time of day,
location, sound level limit or equipment limitation; provided,
however, that no special permit shall be issued for a period in
excess of fifteen (15) consecutive days. Any special permit
granted hereunder may be renewed upon application to the City
Manager and upon a showing that the reasons for which the permit
was granted still exist .
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Section 9 : _Enforcement Responsibility. The Department of
Public Safety shall be responsible for the enforcement of the pro-
++ visions of this article ; provided, however, that the City Manager
I shall be responsible for the issuance of special p permits , with the
concurrence of the Public Safety Director, and the enforcement of
the conditions stated thereon.
Section 10 : Penalties. Any person who violates any pro-
vision of this Ordinance shall be subject to a fine of Fifteen
Dollars ($15 . 00) ; provided , however, that in the case of a violation
involving a motor vehicle , the person charged with a violation may
be granted a period of fifteen ( 15) days in which to correct the
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source of the sound.
Section 11 : Cooperation of City Departments All City
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departments and agencies shall , to the fullest extent consistent
with their authority
, carry out their programs in such a manner I
as to further the policy of this Ordinance . Jf
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Section 12 : Repealer. All sections or parts of sections
of the Code of Municipal Ordinances , all ordinances or parts of
ordinances and all resolutions or parts of resolutions in conflict
herewith, be and the same are hereby repealed to the extent of
such conflicts .
Section 13 : Severability. Should any section or provision
of this Ordinance , or any portion thereof, or any paragraph, sen-
tence or word be declared by a Court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the
remainder hereof, as a whole or a part hereof, other than the part
declared to be invalid.
Section 14 : Effective Date. This Ordinance shall be in
force and take full effect immediately upon its passage and final
adoption.
PASSED AND ADOPTED on First Reading, this 14th day of
February 1984 .
PASSED AND ADOPTED on Second Reading, this 28th day of
February 1984 .
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MAYOR-COMMISSIO ER
ATTEST :
CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS :
FRANK C. ADLER, City Attorney
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EEFORE pry�:OAW,'tngN
SUN-TATTLER OTC ORpAEA �O��A
THE
E REOAft Np AOPRK
i or A RRorou aNANO�
Established as The Hollywood Sun - January 4, 1935
HOLLYWOOD, BROWARD COUNTY, FLORIDA
pIr Gomm too
nano
STATE OF FLORIDA AN aeiA�J�ipR
COUNTY OF BROWARD I o Rae COW
Before the undersigned authority personally � o&0�11
appeared JU1 ie Bates M `R
who on oath says (he/she) is —Cl.a s c i f i ed a na g r L V.
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward a NAur
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County, Florida; that the attached Copy of advertisement, bein a Not1Ce n ep 3, ���
groecortt :
Of He rin
in the matter of Si 1 Of Dania W.
inthe Cornm Room �µ;�yy�y naeei .w�0;°,Re0�1e°f°Wyw
was published in said newspaper in the issue of Feb. 17 1984 r!r v'
~RV a IRWIN w14 n0 o Affiant further says that the said SUN-TATTLER is anewpaperpubHollywoodin a w.eaM„,o„^0n
Rv aAaoeR1A°OW,RRCMCIna. ow
said Broward County,Florida,and that the said newspaeenper °iae°
published in said Broward County,Florida,each week and has beenlenter d as secocontnd class Is R, W.R
matter at the y p y iu°wR.a N ro a
Post office in Hollywood in said Count Florida, fora Period of one Year next a0p Ay IRM
Preceding the first publication of the attached copy of advertisement: and affiant further
- says that he has neither paid nor promised any person, firm or corporation any discount.
rebate,commission or refund for the purpose of securing this advertisement forpublication
in thid newspa
Sworn to an/I subscribe before me
this day of .19
NOTA Y PUBLIC _
Nq�'LJi�UP�19LIC STA?E OF FLORIDA AT LARGE
� fAY CO',.J11;S i01i ERP �.�i fl,1R e l I9tl 5
PONDLD JkIRU GENLRAL IIL. UI 4UL7.VlRILER5
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