No person shall commit, within the limits of the city, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor.

(Code 1964, § 15-20; Ord. No. 07-O-05, 2-26-2007)

Editor's note— Editor's note: Section 1 of Ord. No. 96-0-16, adopted Oct. 28, 1996, repealed § 12-2 in its entirety. Formerly, said section pertained to soliciting at depots and derived from § 15-8 of the 1964 Code.

Editor's note— Ord. No. 09-0-03, § 1, adopted Mar. 23, 2009, rescinded §§ 12-4 and 12-5 in order to comply with the mandates of the Florida Legislature, as required by § 790.33, Florida Statutes, which preempts the city's authority to regulate any aspect of firearms and ammunition. Former §§ 12-4 and 12-5 pertained to firearms—discharging and careless handling, respectively, and derived from Code 1964, §§ 15-13 and 15-14; Ord. No. 03-0-04, § 1, adopted Jan. 27, 2003; and Ord. No. 07-0-05, adopted Feb. 26, 2007.

No person shall throw stones or other missiles endangering persons or property.

(Code 1964, § 15-22, Ord. No. 07-O-05, 2-26-2007)

Editor's note— Ord. No. 07-O-05, adopted Feb. 26, 2007, set out provisions intended for use as §§ 12-4—12-6. For purposes of clarity and at the editor's discretion, § 12-7 is reserved.

No person shall, between the hours of 10:00 p.m. and 7:00 a.m., ring bells, yell, shout or make any other noise that shall disturb the peace and tranquility of the neighborhood or break the rest or annoy residents of the community.

(Code 1964, § 15-23; Ord. No. 88-0-20, § 1, 11-28-88)

Cross reference— Specific noise prohibitions § 12-70.

The creation of any unreasonably loud, disturbing and unnecessary noise, and noise of such character, intensity and duration as to be detrimental to the life and health of any individual is prohibited, except when created or made after obtaining a written permit from the city clerk when authorized by the council.

(Code 1964, § 15-24)

Cross reference— Specific noise prohibitions § 12-70.

The following acts are hereby declared to be loud, disturbing and unnecessary noises in violation of section 12-9, but this enumeration shall not be deemed to be exclusive:

(1)

Horns and signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal; or if in motion, only as danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time.

(2)

Certain animals and birds. The keeping of any animal or bird which, by causing frequent or loud continued noise, shall disturb the comfort and repose of any person in the vicinity.

Cross reference— Animals and fowl, Ch. 4.

(3)

Radios, phonographs and musical instruments. The playing of any radio, phonograph or musical instrument in such a manner or with such volume, particularly between the hours of 10:00 p.m. and 7:00 a.m., also between the hours of 11:00 p.m. on Saturday and 7:00 a.m. on the following Monday, so as to annoy or disturb the quiet, comfort or repose of any person.

(4)

Exhaust of engines. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or motor boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(5)

Adjacent to church, school, court or hospital. The creation of any excessive noise on any street, adjacent to any church, school, institution of learning or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions; provided conspicuous signs are displayed on such streets indicating that the same is a church, school, hospital or court street.

(6)

Drums, horns, etc. The use of any drum, pan, pail, bell, horn, trumpet or other instrument or device for the purpose of attracting attention to any performance, show, sale or display of merchandise.

(7)

Loudspeakers. The use of megaphones, loudspeakers or amplifiers whether on trucks, airplanes or other vehicles or otherwise for advertising or other purposes.

(Code 1964, § 15-25)

Cross reference— Specific noise prohibitions, § 12-70.

Cross reference— Boats to observe city health and sanitation rules, § 5-7.

Editor's note— Sections 2—4 of Ord. No. 96-0-16, adopted Oct. 28, 1996, repealed §§ 12-11—12-13 in their entirety. Formerly, said sections pertained to trains—boarding or alighting from while in motion, blocking streets, and speed limit, and derived from §§ 15-39—15-41 of the 1964 Code.

Editor's note— Ord. No. 05-0-08, § 5, adopted May 17, 2005, repealed § 12-14 in its entirety. Former § 12-14 pertained to tree protection generally; building permits required and derived from Ord. No. 90-0-08, §§ 1—3, adopted July 9, 1990.

The following terms and phrases, when used in this article, shall have the meanings ascribed to them in this section unless the context is clearly worded to the contrary:

Convenience food store: A business establishment that:

(1)

Derives fifty (50) percent or more of its gross income from the sale of goods, merchandise or other articles of value in their original containers and not to exclude the sale of gasoline along with any of the above combinations of items; and

(2)

Offers a limited quantity and variety of food, household and sundry items; and

(3)

Operates at any time during the hours of 11:00 p.m. and 6:00 a.m.; and

(4)

Does not have for sale controlled substances as defined in F.S. ch. 893.

Employee: The person and/or persons, corporation, partnerships, joint venture or group enterprise responsible for the day-to-day operation of the convenience food store.

Owner: The person or persons, corporations, partnership, joint venture and/or other group enterprise legally and lawfully in possession of the premises and upon which the convenience store is owned and/or operated.

(Ord. No. 90-0-9, § 1(I), 7-9-90)

All current and future convenience food stores shall comply with the following rules and regulations:

(1)

If a convenience food store is open for business after 11:00 p.m., the convenience food store must employ two (2) persons who are continuously on duty on the premises from 11:00 p.m. to 6:00 a.m. or closing, whichever event occurs first.

(2)

As an alternative to the requirement in subsection (1) above, one (1) person may be employed at the site as long as he or she is provided the necessary items described below:

a.

A bullet-resistant glass-enclosed area that contains the necessary items to conduct the running of the operation.

b.

An opening drawer similar to those used at drive-in facilities at banks or a facsimile thereof for passage of materials to and from the bullet-resistant glass-enclosed area. This passage can be operated from the bullet-resistant enclosed area.

(Ord. No. 90-0-9, § 1(II), 7-9-90)

All current and future convenience food stores shall comply with the following rules and regulations:

(1)

Locate all signs away from view of cash register and sales area so that there is an unobstructed view from the street.

(2)

Locate the sales area and the clerk so that they and the public can be in full view of the street during the time of sales transactions.

(3)

Post a sign in a conspicuous place in the window or entry door notifying that the cash register has less than fifty dollars ($50.00) in it.

(4)

Have no more than fifty dollars ($50.00) available to employees.

(5)

The entire store shall have and maintain a five-candles-per-square-foot level of lighting in all parking and filling areas. This will be measured at the surface of parking and filling areas.

(6)

Maintain a drop safe or time-released safe at the site which is bolted to the floor or installed in the floor or weighs in at least five hundred (500) pounds. This safe located at the site will (must) be located within the bullet-resistant glass-enclosed area.

(7)

A sign will be posted at eye level in a window that clearly spells out that the safe cannot be opened by the employees.

(8)

The installation of security camera(s) of a type and number approved by the city manager or his designee. The camera must be capable of producing a retrievable image that can be stored on film or videotape for the use of a permanent record. Said images must be able to be enlarged through projection or some other acceptable means. Cameras meeting the above requirement must be well-maintained and in proper working order at all times and are subject to inspection by the city manager or his designee.

(9)

Landscaping in front and behind of all window areas must be maintained at a height not to exceed two (2) feet so as not to obscure the view of the interior.

(10)

If the new convenience food store is involved in the sale of refined petroleum products, the filling stations must be located in the front of the store and must meet any of the above pertinent requirements.

(Ord. No. 90-0-9, § 1(III), 7-9-90; Ord. No. 96-0-17, § 1, 10-28-96)

The police department is the legal enforcer of this article. The police department will inspect at any time convenience stores for compliance of this article.

(a)

Any owner of a convenience food store who violates the provisions of this article shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. Violation of this article shall be prosecuted in the same manner as misdemeanors are prosecuted.

(b)

In addition to criminal penalties, the city council may authorize the office of the city attorney to file in circuit court an action requesting injunctive relief against the owner of a convenience food store to restrain or prohibit the violation of this article.

(c)

In addition to the above penalties, this article may be enforced through the building department.

(d)

Each day that a convenience food store is operated in violation of this article shall be considered a separate violation of this article.

The provisions of this article shall govern all solicitation within the city.

(Ord. No. 96-0-21, § 1, 12-2-96)

It shall be the duty of any police officer of the city to enforce the provisions of this article against any person found to be violating such provisions.

(Ord. No. 96-0-21, § 1, 12-2-96)

As used in this article, the following terms shall have the indicated meanings unless a different meaning is clearly required by the context.

(a)

Commercial solicitation shall mean and include any one or more of the following activities, not done for charitable purposes, by a person on streets, highways, sidewalks and at residences without invitation within the city:

(1)

The sale of, offer or attempt to sell, or seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuff, consulting services or services of any kind, character or description, for any kind of consideration whatever.

(2)

The sale of, offer or attempt to sell, or seeking to obtain prospective customers for any application or purchase of insurance of any type, kind or character.

(3)

The sale of, offer or attempt to sell, or seeking to obtain subscriptions to books, magazines, periodicals, newspapers or any type kind of publication.

(b)

Religious or charitable solicitation shall mean the request by a person on streets, highways, sidewalks, and at residences within the city, directly or indirectly, of money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a religious or charitable purpose as those purposes are defined in this article or commercial solicitation, as defined in paragraph (a) above, done for charitable purposes. Religious or charitable solicitation shall also mean and include the following methods of securing money, credit, property, financial assistance or other thing of value on the plea or representation that it will be used for a religious or charitable purpose as herein defined.

(1)

Any oral or written request.

(2)

The distribution, circulation, posting or publishing of any handbill, written advertisement or publication with the intent to personally deliver said material to any individual.

(3)

The public making of any announcement concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale or social gathering to be held within the city which the public is requested to make a contribution for any religious or charitable purpose connected therewith.

(4)

The sale of, offer or attempt to sell, any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing in connection with which any appeal is made for any religious or charitable purpose, or where the name of any religious or charitable person is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will go or be donated to any religious or charitable purpose.

(c)

Solicitation, as defined herein, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale referred to in this section.

(d)

Charitable shall mean and include the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.

(e)

Religious and religion, as used herein, shall not mean and include the word "charitable" as herein defined, but shall be given their commonly accepted definitions.

(f)

Contribution shall mean and include the words alms, food, clothing, money, subscription, property or donations under the guise of a loan of money or property.

(g)

Person shall mean any individual, firm, copartnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

(h)

Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

(Ord. No. 96-0-21, § 1, 12-2-96)

(a)

Every person who desires to peddle or solicit shall, after paying the proper registration or license fees as stipulated in Chapter 11 of the city Code, register in a registration book provided for the purpose in the police department, his/her name and address, the name and address of the person whom he/she represents, a brief description of the nature of the business in which he/she is engaged and the kind of goods or property to be peddled or solicited for, and such person shall furnish photo identification.

(b)

All solicitors or peddlers must register each week at the police station before beginning a week's solicitation.

(c)

No person shall solicit until that person has received a copy of the "Residential no solicitation list."

(Ord. No. 96-0-21, § 1, 12-2-96)

It shall be the policy of the governing body of this municipality that the occupant or occupants of any residence located within the city shall make a determination of whether solicitors or any person shall be or shall not be invited to their respective residences.

(Ord. No. 96-0-21, § 1, 12-2-96)

(a)

It shall be the duty of every solicitor upon going onto any premises in the city upon which a residence is located to first examine the notice provided by herein, if any is attached, and be governed by the statement contained thereon. If the notice states "No Solicitors," or "No Solicitors Invited," or other language as would indicate that solicitors are not to enter or engage in solicitation on the premises, the solicitor shall immediately and peacefully depart from the premises.

(b)

Any solicitor who has gained entrance to any residence, whether or not invited, shall immediately and peacefully depart from the premises when requested to do so by the occupant.

(c)

It is unlawful for any person to go on the private residence of any person in the city who has, by written statement filed with the police department, indicated affirmatively that such resident does not want to be solicited at his/her private residence. The police department must provide any solicitor a list of those residents who have filed such written statements. This list shall be referred to as the "Residential no solicitation list."

(Ord. No. 96-0-21, § 1, 12-2-96)

It shall be unlawful and shall constitute a nuisance and a trespass for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engage in commercial, religious or charitable solicitation as defined in this article, when notice is exhibited at the residence in accordance with the provisions of this section of this article.

(Ord. No. 96-0-21, § 1, 12-2-96)

(a)

It shall be unlawful and shall constitute a nuisance for any person to go about any residence and ring the doorbell, or rap or knock upon any door, or crate any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in commercial, religious or charitable solicitation, as defined in this article, at any time on a Sunday or on a state or national holiday; or between the hours of 9:00 a.m., or after the hour of 9:00 p.m.

(b)

It shall be unlawful to engage in commercial, charitable or religious solicitation on sidewalks, streets, highways or other public places within the city before the hour of 8:00 a.m. or after the hour of 11:00 p.m.

(Ord. No. 96-0-21, § 1, 12-2-96)

No person shall stand on a roadway for the purpose of soliciting contributions from the occupant of a vehicle unless such person shall comply with the provisions of this article and the following requirements.

(a)

Solicitation on roadways will be permitted only upon permit application made fourteen (14) days in advance of any solicitation to the city manager showing compliance with the terms of this article. The city shall consider the location, the number and age of solicitors and the various other factors which relate to the safety of the solicitors and the traveling public in granting said permit.

(b)

Solicitation on roadways shall not be permitted except at intersections where all traffic is required to come to a full stop.

(c)

Any agency which shall desire to solicit contributions on roadways shall first register with the attorney general of the State of Florida as a charitable organization and shall be required to produce such registration as requested.

(d)

Such agency shall be liable for injuries to any person or property during the solicitation which is casually related to an act of ordinary negligence of the soliciting agent.

(e)

A written statement from the Internal Revenue Service that the organization is a tax exempt organization under the Internal Revenue Code of the United States, Section 501(c)(3) must be produced.

(f)

Where the solicitation will be conducted on streets or highways a certificate of insurance issued by an insurance company licensed to do business in Florida shall be provided, insuring the solicitors and their organization for liability for damages for personal injury and property damage casually related to an act of ordinary negligence of the soliciting agent. The certificate must state that it shall not be cancelled during the period of solicitation and will provide at least the following coverage:

Personal Injury—$500,000.00 per person
$1,000,000.00 per occurrence

Property Damage—$100,000.00

(g)

It shall be unlawful for any individual to solicit on any highway or street within the city without wearing a high visibility vest.

(h)

It shall be unlawful for any person to solicit on any highway or street without approval by the city manager.

(i)

It shall be unlawful for any person to provide false, misleading or untrue information.

(Ord. No. 96-0-21, § 1, 12-2-96)

The city council hereby finds that excessive and unnecessary noise, vibration and noise pollution interferes with the comfort of the public and the enjoyment of private property, and impairs the economic welfare of adjoining properties. The intent of this section is to protect the health, safety and welfare, and to protect the aesthetic and property values of properties within the City of Crystal River by providing for abatement of such conditions.

(Ord. No. 07-O-05, 2-26-2007)

For the purposes of this section the following words, terms and phrases shall have the meanings ascribed to them as follows, except where otherwise expressed herein or the context clearly indicates a different meaning:

A-weighted sound level shall mean the sound pressure level in decibels as measured on a sound level meter using the A-weighted network.

Ambient noise shall mean the all-encompassing noise associated with a given environment, being usually composed of sound from many sources near and far.

ANSI shall mean American National Standards Institute or its successor.

Daytime shall mean the hours between 7:00 a.m. and 9:00 p.m. of the same day.

Decibel (dBA) shall mean a unit of measuring the intensity of a sound, the mathematical formula for which is expressed as the volume of a sound which is equal to ten (10) times the logarithm of the ratio of the intensity of the sound to the intensity of a specified standard sound.

Emergency shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

Emergency work shall mean any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.

Enforcement officer shall mean any employee of City of Crystal River appropriately designated as a code enforcement officer or any law enforcement officer.

L10 shall mean a measurement which represents the noise level exceeded ten (10) percent of the time.

Motor vehicle shall mean any vehicle defined as a "motor vehicle" by F.S. § 320.01(1).

Multiple-family dwelling unit shall mean any apartment, condominium, townhouse, duplex or other multiple-dwelling unit containing two (2) or more living units within a single building.

Nighttime shall mean the hours between 9:00 p.m. and 7:00 a.m. of the next day.

Noise shall mean any sound that which causes or tends to cause an adverse effect on humans.

Noise level shall mean the sound pressure level as measured in dB(A) by a sound level meter.

Noise sensitive zone shall mean a quiet zone where serenity and quiet are of extraordinary significance, which is open or in session, and which is demarcated by conspicuous signage identifying it as a noise-sensitive or quiet zone. Noise-sensitive zones may include hospitals, nursing homes, schools, courts, public libraries, houses of worship, and any other areas which may be defined by a resolution adopted by the city council.

Operator shall mean any employee of City of Crystal River appropriately designated as code enforcement officer or any law enforcement officer charged with the responsibility of taking noise measurements provided herein.

Person shall mean any individual, association, firm, sole proprietorship, partnership, corporation, unincorporated association or any other entity.

Plainly audible shall mean clearly or understandably loud enough to be heard through perception of the human ear using normal hearing faculties at a distance of twenty-five (25) feet or more from the source.

Real property line shall mean an imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one (1) person from that owned, rented or leased by another person, excluding intra-building real property divisions.

Reasonable time shall mean such length of time as may fairly, properly and reasonably be allowed or required to eliminate or abate a noise found to be in violation of this chapter, after warning has been issued. The duration of time shall be dependent upon the source of the noise and what action can be taken to eliminate the noise causing said violation.

Residential areas shall mean recorded and unrecorded subdivisions and those areas in which there is a concentration of residential dwelling units.

Sound shall mean an oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

Sound level shall mean the sound pressure level obtained by the use of a sound level meter using weighting A, B or C as specified in ANSI Sl.4-1971, or successor publications. If the weighting employed is not indicated, the A-weighting shall apply.

Sound level meter shall mean an instrument including a microphone, an amplifier, and output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner.

Sound pressure shall mean the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy.

Sound pressure level shall mean in decibels of sound, twenty (20) times the logarithm to the base 10 of the ratio of the pressure of the sound to the reference pressure. The reference is 0.0002 microbar.

(Ord. No. 07-O-05, 2-26-2007; Ord. No. 24-O-08, 8-12-2024)

Unless otherwise provided, violations of this chapter shall be enforced by the City of Crystal River Code Enforcement and any law enforcement officer. In addition to any remedy provided for in this chapter, the city may enforce the provisions herein by any other lawful means.

(Ord. No. 07-O-05, 2-26-2007; Ord. No. 24-O-08, 8-12-2024)

It shall be a violation of this article for any person to make, cause, or allow the making of any noise or sound within the city that exceeds the noise levels as set forth in this article.

(Ord. No. 07-O-05, 2-26-2007)

All technical acoustical terminology and standards used in this article shall be read or construed in conformance with the American National Standards Institute, Inc. (ANSI) publication entitled "Acoustical Terminology," designated as ANSI S1.1-1960, or its successor publications.

(Ord. No. 07-O-05, 2-26-2007)

(a)

Noise generated across real property lines or interior noise within multiple-family dwelling units shall conform to the sound level limits as set forth in Tables I and II, respectively, of section 12-66. The minimum measurement period shall be ten minutes. Sound shall be measured pursuant to section 12-69. Exceeding the standard for more than ten percent of the measuring period (more than one minute) shall constitute a violation.

(b)

Maximum instantaneous sound levels shall conform to the sound level limits as set forth in Table III of section 12-66. The minimum measurement period shall be ten (10) minutes. Sound shall be measured pursuant to section 12-69. A single "instantaneous" occurrence above the maximum sound level shall constitute a violation.

(Ord. No. 07-O-05, 2-26-2007)

(a)

Noise generated across real property lines. The noise from any activity shall be deemed a violation if the total noise level as measured on the A-scale, due to both ambient noise, and the alleged source of the offensive noise exceeds the noise levels which are prescribed in Table I, the measurement of which is based upon decibels. All such measurements as well as the method employed shall be consistent with section 12-69, and shall represent the A-weighted sound pressure level which is exceeded ten percent of the time (L10) during the observation period.

Table I

(b)

Interior noise within multiple-family dwelling units. Notwithstanding any other provisions of this chapter, it shall be unlawful for any person to create, maintain or cause to be maintained any sound for any period of time within the interior of any multiple-family dwelling unit which causes the noise level to exceed those limits prescribed in Table II. All such measurements as well as the method employed shall be consistent with section 12-69.

Table II

(c)

Maximum instantaneous sound level. The noise from any activity shall be deemed a violation if the noise level exceeds the limits set forth in Table III at any time during the measurement period. The minimum measurement period shall be ten minutes. Sound shall be measured pursuant to section 12-69.

Table III

(Ord. No. 07-O-05, 2-26-2007)

It shall be a violation of this article to create, maintain or cause to be maintained any sound within or adjacent to any noise sensitive zone so as to exceed fifty-five (55) dB{A) at any time when measured at a distance of at least twenty-five (25) feet from the sound source, or that is plainly audible as defined herein, provided that conspicuous signs are displayed indicating the presence of the zone to read "quiet zone" and if applicable the location is open or in session.

(Ord. No. 07-O-05, 2-26-2007; Ord. No. 22-O-29, § 1, 12-12-2022; Ord. No. 24-O-08, 8-12-2024)

The lawful operation of any loudspeaker or other source of sound in any place of public entertainment that exceeds levels shown in Table IV at any point when normally occupied by a customer shall require the placement of a conspicuous and legible sign as follows: "WARNING. SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."

Table IV

(Ord. No. 07-O-05, 2-26-2007)

(a)

The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute (ANSI), Sl.4 American National Standard Specifications for Sound Level Meters, or successor publications. The instruments shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any noise measurement, both before and after the measurement is taken.

(b)

Measurements shall be taken so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. No individual other than the operator shall be within ten (10) feet of the sound level meter during the sample period. A windscreen for the microphone shall be used at all times.

(c)

The sound level meter shall be of at least two (2) ANSI requirements. The sound level meter shall utilize the A-weighted network when measurements are taken. The microphone shall be oriented in accordance with instrument manufacturer's instructions.

(d)

The measurement shall be made at the nearest adjacent real property line from the property on which the noise source is located for outside measurements. Such noise measurements shall be made at least four (4) feet above the ground and at a point at least ten (10) feet away from any walls, barriers, or other obstructions. For inside measurements concerning multifamily dwelling units, measurements shall be at least three (3) feet from any wall, ceiling or partition.

(e)

All noise measurements provided for in this chapter will be made by designated enforcement officers and officers of City of Crystal River who are qualified to operate the apparatus used to take the measurements as provided for in this article.

(f)

The operator conducting noise-measurement tests shall document all noise-measurement results in a written record. Said record shall include the following:

(1)

The instrumentation used, including name, make type and serial number.

(2)

Date of last laboratory calibration.

(3)

On-site calibration verification before and after each series of measurements.

(4)

Name and location of the measuring area.

(5)

A detailed sketch of the measuring area.

(6)

Time and date of measurements.

(7)

Names of observers.

(8)

General weather conditions.

(g)

In determining whether a sound is plainly audible, an enforcement agent is entitled to measure the sound according to the following standards:

(1)

The primary means of detection shall be by means of the enforcement agent's ordinary auditory senses, so long as the agent's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.

(2)

The enforcement agent must have a direct line of sight and hearing to the source of the sound so that the agent can readily identify the offending source and the distance involved.

(3)

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

(Ord. No. 07-O-05, 2-26-2007; Ord. No. 24-O-08, 8-12-2024)

In addition to those general standards set forth in section 12-66, and unless otherwise exempted in this article, the following acts, and the causing thereof, are declared to be a violation of this section:

(1)

Horns and signal devices. The sounding of any horn or audible signaling device of a motor vehicle, boat, engine, machine, or stationary boiler continuously or intermittently for a period in excess of sixty (60) seconds, except as a danger or emergency warning.

(2)

Radios, televisions, electronic audio equipment, musical instruments, and similar devices.

a.

The use, operation or playing of any radio, television, phonograph, stereo set, tape player, sound amplifier, musical instrument or similar device which produces or reproduces sound in a manner as to be plainly audible at a distance of fifty (50) feet or more away from the real property line of the source of the sound, to any person in a commercial, industrial, or residential area, or in or at a government-owned building or property. For multiple-family dwelling units on a common property, it shall be a violation if such is plainly audible fifty (50) feet from the source of the sound.

b.

The operation or playing of any radio, musical instrument, or similar device which produces sound on the public right-of-way in such a manner as to be plainly audible to any person at a distance of fifty (50) feet from the source of the sound.

(3)

Loudspeakers and devices for advertising.

a.

The use, operation, or playing of any loudspeaker system, sound amplifier or other similar device which produces or reproduces sound which is cast or emitted upon public rights-of-way for the purpose of commercial advertising or for attracting the attention of the public to any building, structure, vehicle or activity, which is being carried on thereon.

b.

The use, operation, or playing of any loudspeaker system, sound amplifier or other similar device between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner so as to cause a noise disturbance across a residential real property boundary. This section shall not apply to public school activities.

(4)

Explosives, firearms or similar devices. The use or firing of explosives, firearms anywhere within the corporate limits of the city, unless in accordance with section 12-4 of this chapter.

(5)

Loading and unloading. The loading, unloading, closing or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 9:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.

(6)

Construction and demolition activity. The operation of any equipment used in construction work, building, excavation, grading, pile driving, pneumatic hammering, demolition, dredging, building alteration or repair work between the hours of 9:00 p.m. and 7:00 a.m. of the next day, except for emergency work.

(7)

Fixed mechanical equipment. The use or operation of any noise-creating air conditioner, heater, compressor unit, power fan or blower, fixed electrical motor or engine which causes excessive and unnecessary noise, unless such mechanical equipment is functioning in accord with the manufacturers' specifications and with all manufacturers' mufflers and noise reducing equipment in proper operating condition.

(8)

Portable mechanical equipment and domestic power tools. The use or operation of any power tools or portable mechanical equipment, including a power saw, sander, drill, grinder, lawn mower, leaf blower, garden tool, or similar device, used outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.

(9)

Vehicle and motorboat repair and testing in residential areas. The repairing, rebuilding or testing of any motor vehicle or motorboat within any residential areas between the hours of 9:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a residential real property boundary.

(10)

Refuse collection. The collection of refuse with a refuse collection vehicle between the hours of 7:00 p.m. and 7:00 a.m. the following day in a residential, or noise sensitive zone.

(11)

Testing of emergency signaling device.

a.

The intentional sounding or permitting the sounding of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device between the hours of 9:00 p.m. and 7:00 a.m. the following day.

b.

Any testing shall use a minimum cycle test time. In no case shall such test exceed sixty (60) seconds.

c.

Testing of a complete emergency signaling system, including functioning of the signaling device and personnel response to the signaling device shall not occur between the hours of 9:00 p.m. and 7:00 a.m. of the following day. The testing of a complete emergency signaling system shall be exempt from the time limit specified in subsection b. above.

(12)

Fixed building or vehicular alarms. Except as permitted by section 12-70 the use of fixed building or vehicular alarms unnecessarily or for an unreasonable period of time. Specifically, when sounded for false alarms or sounded for a period in excess of fifteen (15) minutes.

(13)

Electronically amplified signals. The sounding of any electronically amplified signal from any stationary bell, chime, siren, whistle or similar device intended primarily for non-emergency purposes from any place for more than ten (10) seconds in any hourly period.

(14)

The operation of any vessel on the waterways of the city in such a manner as to create a level of noise which is disturbing of the peace and tranquility, and plainly audible within one hundred (100) feet, or creates a level of measured sound, which exceeds the limits as set forth in Tables I, III, and IV.

(Ord. No. 07-O-05, 2-26-2007)

Cross reference— Same—Certain acts prohibited, § 12-10.

(a)

It is a violation of this article for motor vehicles parked on private property and whose operator allows excessive engine, or amplified sound to be emitted as outlined in sections 12-66, 12-67, and 12-69. Motor vehicles operated on a public right-of-way are regulated as set forth in Florida Statutes and are exempt from the ordinance.

(b)

Competitive racing events. No person shall construct, alter or expand any installation or facility for competitive racing events without first providing documentation and assurance for compliance with this article, and without first receiving approval from the city council. The documentation and assurance above shall include, but not be limited to, the use of sound barriers, use of muffler devices, control of direction and volume of loud speakers, and provisions for monitoring.

(Ord. No. 07-O-05, 2-26-2007)

The following uses and activities shall be exempt from the noise level regulations of this article:

(1)

Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.

(2)

Noises of safety signals, warning devices, and emergency pressure relief valves, when utilized for their intended use.

(3)

Noises resulting from emergency work as defined in section 12-61.

(4)

Construction operations for which building permits have been issued, or construction operations not requiring permits, providing all equipment is operated in accord with the manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise reducing equipment in use in proper operating condition. This exception shall not apply between the hours of 9:00 p.m. and 7:00 a.m. of the following day.

(5)

Air conditioners are exempt from provisions of this article when functioning in accord with the manufacturers' specifications and with all manufacturers' mufflers and noise reducing equipment in use and in proper operating condition.

(6)

Lawn mowers are exempt from provisions of this article when functioning in accord with the manufacturers' specifications and with all manufacturers' mufflers and noise reducing equipment in use and in proper operating condition, when operated during in accordance with section 12-70(8).

(7)

The unamplified human voice.

(8)

Unamplified crowd noises resulting from activities such as those planned by student or community groups, or racing/sporting events.

(9)

Noises consistent with cultural, historical, or traditional observances, holidays and ceremonies. This shall include church activities, noncommercial public speaking and officially authorized public assembly activities in or at a government-owned building or property, or on public right-of-way such as school activities, carnivals, festivals, fairs, sporting events, parades, supervised fireworks displays or the like.

(10)

Reasonable operation of unamplified church bells or chimes when used for religious purposes.

(11)

The construction, emergency or routine maintenance of public service utilities.

(12)

Approved mosquito fogging operations and aquatic plant control.

(13)

All noises from railway and airport activities in accordance to federal, state and local laws.

(14)

The supervised public display of fireworks by fair associations, amusement parks, and other organization or groups of individuals or other lawful use of fireworks.

(15)

Refuse collection vehicles in areas other than residential areas and quiet zones, when operated in accordance with 12-70.

(16)

Scheduled road construction and maintenance by city, or state agencies and their authorized contractors.

(17)

Motor vehicles operating on a public right-of-way subject to F.S. § 316.272, and applicable federal criteria.

(18)

Noises from all equipment tests required by law, and not otherwise regulated herein.

(19)

Any other noise resulting from activities of a temporary duration permitted by law and for which a special permit is obtained pursuant to section 12-72, provided the activities shall be in accordance with the conditions and limitations stated therein.

(Ord. No. 07-O-05, 2-26-2007)

(a)

A special exception to the noise standards set forth in this article may be issued for a single temporary public or private special event or use upon written request to the city manager or his duly authorized representative within a reasonable timeframe prior to the date for which the relief is requested.

(1)

Any waiver granted by the city manager hereunder must be in writing and shall contain all conditions upon which said permit shall be effective.

(2)

The city manager may prescribe any reasonable conditions or requirements deemed necessary to minimize the adverse effects upon the community or the surrounding neighborhood, including but not limited to the use of mufflers, screens or other sound attenuating devices.

(3)

A special exception granted pursuant to this subsection shall be for a specified period, but shall not exceed fifteen (15) days.

(4)

A copy of the request shall be forwarded to the chief of police, who may make recommendations to the city manager regarding approval, and, or suggest special conditions.

(b)

Any person desiring relief from the provisions of this article not provided for by subsection (a) above may request a special exception in the same manner as set forth in subsection (a) for the following circumstances:

(1)

Additional time is necessary for the applicant to alter or modify the activity or noise source in order to comply with this article.

(2)

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 article.

(3)

No reasonable alternative is available to the applicant.

(4)

A special exception granted pursuant to this subsection shall be for a specified period, but shall not exceed sixty (60) days.

(c)

Applicants for special exceptions granted pursuant to this section shall comply with all reasonable conditions and requirements deemed necessary by the city manager including effective date, time of activity, location and equipment limitations, and sound attenuation devices.

(Ord. No. 07-O-05, 2-26-2007)

(a)

The primary responsibility for enforcement of this article shall be by the City of Crystal River Code Enforcement Section. Any law enforcement officer may also enforce the specific noise prohibitions set forth in this article.

(b)

For the purpose of determining and classifying any noise as one which is declared unlawful and prohibited by this article, the enforcement officer shall apply the measurement techniques provided in section 12-69 to determine if a violation of the standards set forth in section 12-66 or 12-67 have been violated. However, a violation of this article may occur without occasion of the measurements being made if specified in section 12-70 regarding specific noise prohibitions.

(c)

The following procedures shall be completed by the enforcement officer when enforcing this article:

(1)

The appropriate enforcement officer shall investigate and determine if any noise is in violation of the specific noise prohibitions provided in section 12-70, or any noise level is in excess of the noise control measurement standards in section 12-66.

(2)

Measurement techniques, when required, shall be done in accordance with section 12-69.

(3)

If a noise level is found to be in violation of this article, the appropriate enforcement officer shall give warning to the person responsible for the sound. The warning shall advise the person of the violation, and of the possible penalty if the person fails to eliminate the sound or reduce the sound so that it is within permitted limits or is not plainly audible.

(4)

The person receiving the warning shall have a reasonable time to comply with the warning. Absent special circumstances, reasonable time is fifteen (15) minutes.

(5)

For the purposes of this article, it is sufficient warning for all prohibited sounds if the person responsible for such sound has been warned of, or cited for, one (1) or more offending sounds of the same type within the previous sixty (60) days, or in the case of a business, in the time period since ownership of the business changed, whichever is less.

(6)

If the sound is not eliminated or is not reduced to allowable limits within a reasonable time after the warning, or if the noise or sound is abated after warning then reoccurs, the person so warned and not complying shall be cited for a violation of this article as set forth in section 12-75.

(Ord. No. 07-O-05, 2-26-2007; Ord. No. 24-O-08, 8-12-2024)

(a)

Citation authorization. Any city code enforcement officer or law enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the enforcement officer has reasonable cause to believe that the person has committed a violation of this article.

(b)

Procedures. A citation issued by a code enforcement officer or law enforcement officer shall be in a form prescribed by the city and shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation is issued.

(3)

The date and time the civil infraction was committed.

(4)

The facts constituting reasonable cause.

(5)

The number of the section of the code violated.

(6)

The name and authority of the enforcement officer.

(7)

The procedure for the person to follow in order to pay the civil penalty or contest the citation.

(8)

The applicable civil penalty if the person elects to contest the citation.

(9)

The applicable civil penalty if the person elects not to contest the citation.

(10)

A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he or she shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(c)

Citations to be deposited with the city finance department. After issuing a citation, the enforcement officer shall deposit the original and one (1) copy of the citation with the city finance department,

(d)

Penalties.

(1)

A violation of this article shall be deemed a civil infraction.

(2)

All penalties shall be accordance with Table V in section 12-75 and shall have the right to a hearing before the special master. All decisions shall be based on a preponderance of the evidence. The Florida Rules of Civil Procedure and Florida Evidence Code shall be applicable.

(e)

Payment of penalties. All civil penalties shall be paid to and collected by the finance department within thirty (30) days. After thirty (30) days, unpaid citations will be submitted to the Citrus County Clerk of the Circuit Court and Comptroller and payments can no longer be accepted by the City of Crystal River Finance Department.

(f)

Refusal to sign or accept citation. Any person who willfully refuses to sign and accept a citation issued by an enforcement agent shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083.

(Ord. No. 07-O-05, 2-26-2007; Ord. No. 24-O-08, 8-12-2024)

Editor's note— Ord. No. 07-O05, § 12-74, adopted Feb. 26, 2007, set out provisions intended for use as subsections (f) and (g). For purposes of clarity and to preserve the style of this Code, and at the editor's discretion, these provisions have been included as subsections (e) and (f).

(a)

Penalties for uncontested violations shall be as set forth in Table V.

Table V

(b)

A second violation of the same offense shall be double the amount shown on the penalty schedule. Third and subsequent violations of the same offense shall be a fine of five hundred dollars ($500.00).

(Ord. No. 07-O-05, 2-26-2007)

The purpose of this article is to establish minimum distance requirements for temporary and/or permanent residence of person(s) designated as sexual offenders or sexual predators from schools, day care centers, parks, playgrounds, public libraries, churches or other places of religious assembly, or other places where children regularly congregate, in the City of Crystal River, Florida.

(Ord. No. 09-0-16, § 2, 10-26-2009)

As used in this article, the following words and terms shall have the meaning ascribed thereto:

Day care center means any family or child care facility licensed by the state pursuant to F.S. ch. 402. For purposes of this article, a day care center includes the parking lot, curtilage, yards, landscaped areas, playgrounds, accessory buildings and all outdoor areas of the facility. It is the intent to include all areas reasonably included in and part of the facility.

Park means a publicly owned or operated area used or available for the public's use as a recreational facility, including, by way of example and not limitation, linear parks and the state, county and municipal recreational trails systems.

Permanent residence means a place where a person abides, lodges, or resides for fourteen (14) or more consecutive days.

Playground means an established or dedicated outdoor area for recreation and play, including, by way of example and not limitation, soccer fields, baseball diamonds, football fields and locations with outdoor equipment, such as, by way of example and not limitation, swing sets, climbing apparatus and slides.

Public shelter means any shelter specifically designated by the county or any municipality to house persons in times prior to, during and after the threat or occurrence of disaster.

School means any public or private school to include charter schools as defined in F.S. § 1000.04(1) and 1002.01 (2005) excluding facilities dedicated to the education of adults.

Sexual offender shall have the same meaning as that term is defined in F.S. § 944.606(1).

Sexual predator shall have the same meaning as that term is defined in F.S. § 775.21.

Sexual predator and sexual offender shelter means any shelter officially designated by the county or the City of Crystal River, Florida that is designated to house sexual predators or sexual offenders in times prior to, during and after the threat or occurrence of disaster.

Temporary residence means any place where a person may abide, lodge, or reside that is not that person's permanent residence.

(Ord. No. 09-0-16, § 4, 10-26-2009)

It is prohibited and unlawful for any person who is required by Florida law to register as a sexual offender/sexual predator, or who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense for which conviction resulted was sixteen (16) years of age or less at the time the offense was committed, to establish a permanent residence or temporary residence within two thousand five hundred (2,500) feet of any school, day care center, park, playground, public library, church or other place of religious assembly, or other place where children regularly congregate regardless of whether the school, day care center, park, playground, public library, church or other place of religious assembly or other place where children regularly congregate, lies within the City of Crystal River.

(Ord. No. 09-0-16, § 5, 10-26-2009; Ord. No. 11-0-09, § 3, 8-8-2011)

For purposes of measuring separation of a residence from a school, day care center, park, playground, public library, church or other place of religious assembly, or other place where children regularly congregate, all distances shall be measured from the outermost property line of the school, day care center, park or playground, public library, church or other place of religious assembly, or other place where children regularly congregate. For example, if the residence is located in a generally southwesterly direction from a park, then the measurement would be from the northeast corner of the residential parcel to the southwest corner of the park. For all other purposes, measurements shall run from the outermost property line of the school, day care center, park or playground, public library, church or other place of religious assembly.

(Ord. No. 09-0-16, § 6, 10-26-2009)

A person residing within two thousand five hundred (2,500) feet of any school, public library, day care center, park, playground, public library, church or other place of religious assembly, or other place where children regularly congregate does not commit a violation of this section, provided that the sexual offender/sexual predator is in full compliance with probation, parole, or conditional release and does not commit another sexual offense, and is in compliance with the residency restrictions if any of the following apply:

(1)

The person established the permanent residence prior to the effective date of this article.

(2)

The person was minor when he/she committed the offense and was not convicted as an adult.

(3)

The person is a minor.

(4)

The school, day care center, park, playground, public library, church or place of religious assembly, or other place where children regularly congregate within two thousand five hundred (2,500) feet of the person's permanent residence was opened after the person established the permanent residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435, or 944.607.

(5)

The person is incarcerated in a state or county detention facility which is located within two thousand five hundred (2,500) feet of any school, public library, day care center, park, playground, public library, church or other place of religious assembly, or other place where children regularly congregate.

(Ord. No. 09-0-16, § 7, 10-26-2009)

The provisions of this article shall not be applied to persons already permanently residing at a prohibited location on the effective date of this article, such that it is not the intent of this article to impair valid, existing and bona fide contract rights, provided, however, that the provisions of this article shall apply upon termination of any leasehold relationship arising from a landlord tenant relationship upon the expiration of a lease. When a person who is the subject of this article changes their permanent residence, this article shall fully apply to such person(s).

(Ord. No. 09-0-16, § 8, 10-26-2009)

Nothing herein shall prohibit any person from traveling on those highway or roads currently included within the Florida Intrastate Highway System located within the City of Crystal River, Florida.

(Ord. No. 09-0-16, § 9, 10-26-2009)

Any person who is required by Florida law to register as a sexual offender or sexual offender and who utilizes or intends to utilize a temporary shelter provided by any public or private entity and established as a result of any emergency or incident or threatened emergency or incident shall, immediately upon entering the shelter, notify the individual or individuals operating the shelter that he or she is a registered sexual predator or sexual offender. The sexual predator or sexual offender shall be assigned to a temporary shelter specifically designated for use by sexual predators and/or sexual offenders.

(1)

The City of Crystal River, Florida may designate a public building or a jail or other correctional facility as a temporary shelter to be utilized by sexual predators and sexual offenders any emergency or incident or threatened emergency or incident.

(2)

Failure of a sexual predator or sexual offender to provide the notification required by this section shall constitute a violation of this article, punishable as provided herein.

(Ord. No. 09-0-16, § 10, 10-26-2009)

The City of Crystal River, Florida, may pursue any enforcement action or legal remedy available under controlling state law and/or any other legal remedy available to the City of Crystal River, Florida, to include, but not to be limited to a fine not exceeding five hundred dollars ($500.00), unless otherwise authorized by state law, or by imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment, unless otherwise prohibited by law.

(Ord. No. 09-0-16, § 2, 10-26-2009)

This article shall apply to and be effective within the municipal boundaries and/or incorporated areas of the City of Crystal River, Florida.

(Ord. No. 09-0-16, § 2, 10-26-2009)