This article provides standards relating to the operation of certain activities throughout the town that may create or maintain such excessive noise, air pollution, odor or electromagnetic interference as to be a detriment to the public health, comfort, convenience, safety and welfare. These standards are therefore provided to protect the public interest and promote the public health and welfare.

(Ord. No. 399, § 1, 11-20-01)

This article shall apply to all areas within the town's jurisdiction.

(Ord. No. 399, § 1, 11-20-01)

The following references are cited in this article:

(Ord. No. 399, § 1, 11-20-01)

(a)

Terminology. For the purposes of this chapter, the following terms, phrases, words, and/or their derivations all have the meanings provided in this section, unless the context clearly indicates that another meaning is intended.

Continuous, frequent, and repetitive noise means sound(s) that continues without any break/cessation, are intermittent or repeated, either individually, or in any combination thereof;

Nuisance noise means sound(s) produced by/from any source, without consideration of content, that are frequent, or repetitive, or continuous for 15 or more consecutive minutes, excluding sound(s) produced by:

• Property maintenance devices for properties zoned Golf Course (GC) and Residential Planned Development (RPD) between 30 minutes before and after civil twilight;

• Property maintenance devices for all other zoning districts between the hours of 7:30 a.m. and civil twilight;

• Property utility devices;

• The unamplified human voice at a conversational level;

• Bells or chimes emanating from established places of worship;

• Delivery of any emergency/non-emergency government services, primary utility services, and public safety alert systems;

• Manned aircraft operations;

• Construction activities and equipment operating under the stipulations of an active town building permit;

• Temporarily permitted events.

Nuisance noise, in general, is defined as sound(s) that are plainly audible at a minimum distance, as measured from the source of sound, in accordance with the following schedule:

• One hundred feet between the hours of 7:30 a.m. and 10:00 p.m., Sunday through Thursday;

• One hundred feet between the hours of 7:30 a.m. and 11:00 p.m., Friday, Saturday, and on federal holidays;

• Fifty feet between the hours of 10:00 p.m. and 7:30 a.m., Sunday through Thursday;

• Fifty feet between the hours of 11:00 p.m. and 7:30 a.m., Friday, Saturday, and on federal holidays.

Nuisance noise emanating from within townhouses, condominiums, or apartments, is defined as sound(s) that are plainly audible at a minimum distance, as measured from the source of sound, in accordance with the following schedule:

• Fifty feet between the hours of 7:30 a.m. and 10:00 p.m., Sunday through Thursday;

• Fifty feet between the hours of 7:30 a.m. and 11:00 p.m., Friday, Saturday, and on federal holidays;

• Twenty-five feet between the hours of 10:00 p.m. and 7:30 a.m., Sunday through Thursday;

• Twenty-five feet between the hours of 11:00 p.m. and 7:30 a.m., Friday, Saturday, and on federal holidays.

Plainly audible means sound(s) that can be clearly heard by any law enforcement officer or code enforcement official who has a direct line-of-sight and hearing to the source producing the sound(s) using his/her normal auditory senses, without the use of hearing enhancement devices.

Property maintenance devices means power/manual tools and implements being actively used by property owners to maintain, clean, or repair properties/property, including, but not limited to lawns, landscaping, structures, building interiors and exteriors, pools, driveways, sidewalks and vehicles.

Property utility devices means heating and air conditioning units, fans, pumps supporting pool and irrigation systems, door openers, and temporary use of emergency generators, all of which are functioning within manufacturer specifications for sound emissions. Audio entertainment, amplifying devices, and musical instruments are not considered property utility devices.

Source of sound means the location or place where sound is being produced/generated, to include the exact place/location, or the exterior/interior wall, side, or roof of any building, structure, container, or conveyance containing and concealing the actual source of the sound(s) from plain view.

(b)

Prohibited acts. It shall be unlawful for any person to produce, cause, create, permit, allow, maintain, or fail to abate any nuisance noise.

(c)

Exemption from county ordinance. The residents and citizens of the town shall be exempted from the provisions of county Ordinance No. 74-11, and, as provided under section 9 of such county ordinance, the area and territory within the town shall be specifically deleted from the provisions of the ordinance.

(Ord. No. 399, § 1, 11-20-01; Ord. No. 520, § 1, 6-19-18)

Editor's note— Ord. No. 520, § 1, adopted June 19, 2018, changed the title of § 74-484 from "Noise generally" to read as herein set out.

(a)

Definitions. For purposes of this section, the term "work" means physical exertion for compensation, which physical exertion by a human being shall involve the use of machinery, tools or other equipment which, in the process of its use, produces audible sounds annoying or disturbing to any other human being within a distance of 500 feet or more from the origin of the audible sound.

(b)

Prohibited hours; exceptions.

(1)

No person shall start, carry on or conduct any work within the town prior to 7:30 a.m. and after 6:00 p.m. The hours within which work shall be conducted apply to weekdays, Monday through Saturday. No work shall be started, carried on or conducted on Sunday.

(2)

The provisions of this section shall not apply to any employee of the town or any employee of any public utility company franchised by the town, provided the employee is engaged in the business of providing municipal services for the protection of the safety, health and welfare of the town's citizens; or to any employee of any entity operating and maintaining the golf courses within the town.

(c)

Special exception hardship permit. The town manager shall have the authority to approve special exception hardship permits under the provisions of subsection (b) of this section, provided applicants for such special exceptions provide the town with sufficient information for the town manager to determine that the applicant will suffer severe financial loss and financial hardship unless the applicant is permitted to start work prior to 7:30 a.m. and to continue work past 6:00 p.m. Under no circumstances shall the town manager issue special exception hardship permits for work on Sundays. Special exceptions hardship permits shall be issued only for a period of 30 days. Each application for a special exception hardship permit shall be accompanied by a fee as set out in the fee schedule in appendix B to this Code.

(d)

Special exception for emergency work. If any property in the town is affected by or in immediate danger from a fire, earthquake, tornado, any other act of God or any other event declared by the mayor, any one of the town commissioners or the town manager to be a bona fide emergency, the provisions of this section may be suspended for a reasonable time by the mayor, any one of the town commissioners or the town manager.

(Ord. No. 399, § 1, 11-20-01)

(a)

Compliance with state and federal standards. To protect and enhance the air quality of the town, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (CFR, title 40) and the state department of environmental regulation (Florida Administrative Code, chapter 17-2). No person shall operate a regulated source of air pollution without a valid operation permit issued by the state department of environmental regulation.

(b)

Testing. Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by the state department of environmental regulation, and submitted to the state. These tests shall be carried out under the supervision of the state and at the expense of the person responsible for the source of pollution.

(Ord. No. 399, § 1, 11-20-01)

(a)

Generally. No use in any district shall generate any odor which reaches the odor threshold. For purposes of this section, odor threshold means the minimum concentration of gas, vapor or particulate matter that can be detected by the olfactory systems of a panel of at least three healthy observers. Odor thresholds will be measured at the property line either at ground level or at any habitable elevation of the abutting property, in accordance with the American Society for Testing Materials publication d1391-GO (1974), Standard Method for Measurement of Odor in Atmospheres, or its equivalent.

(b)

Exemptions. The following types of odors shall be exempt from the maximum odor standards of this section:

(1)

Common domestic odors from cooking, cleaning, etc.

(2)

Public utility treatment plants and pumping stations.

(Ord. No. 399, § 1, 11-20-01)

In all districts in which the storage, use or manufacture of flammable or explosive materials is permitted, the following standards shall apply:

(1)

Storage and utilization of solid materials or products which are incombustible, or which in themselves support combustion and are consumed slowly as they burn, is permitted.

(2)

Storage, utilization or manufacture of solid materials or products including free burning and intense burning is permitted provided that such materials or products shall be stored, utilized or manufactured within completely enclosed buildings having noncombustible construction and protected throughout by an automatic fire extinguishing system. The requirement for an automatic fire extinguishing system may be waived by the town manager in those cases where the introduction of water to a burning substance would cause additional hazard.

(3)

Storage, utilization or manufacture of flammable and combustible liquids, or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with National Fire Protection Association Code # 30, exclusive of storage of finished products in original sealed containers, which shall be unrestricted.

(4)

The following classifications of liquids are unrestricted, provided that storage, handling and use shall be in accordance with National Fire Protection Association Code No. 30, Flammable and Combustible Liquids:

Classification of Liquids

Class I shall include those having flash points below 100 degrees Fahrenheit (37.8 degrees Celsius).

Class II shall include those having flash points at or above 100 degrees Fahrenheit (37.8 degrees Celsius) and below 140 degrees Fahrenheit (60 degrees Celsius).

Class III shall include those having flash points at or above 140 degrees Fahrenheit (60 degrees Celsius).

(Ord. No. 399, § 1, 11-20-01)

In all districts, no use, activity or process shall be conducted which produces electric or magnetic fields which adversely affect public health, safety or welfare, including but not limited to interference with normal radio, telephone or television reception from off the premises where the activity is conducted.

(Ord. No. 399, § 1, 11-20-01)