All uses in all zoning classifications shall conform to the standards of performance described within this article and shall be so constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, garbage, waste, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare.

(Ord. No. 91-369, § 2(26-140), 8-6-1991)

(a)

Title. This section shall be known and may be cited as the "Noise Control Ordinance of Edgewood, Florida."

(b)

Scope. This section shall be effective throughout the incorporated area of the city.

(c)

Construction. The provisions of this section shall be liberally construed in order to effectively carry out the purpose of this section.

(d)

Purpose. The purpose of this section is to prevent, prohibit and provide for the abatement of excessive and unnecessary noise in order to protect the health, safety and general welfare of people of the city who are situated within any property zoned for residential use, or any noise sensitive zone.

(e)

Terminology, standards, and definitions.

(1)

Terminology and standards. All technical acoustical terminology and standards used in this section, which are not defined in subsection (e)(2) of this section, 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.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

A-weighted sound pressure level means the sound pressure level, in decibels, as measured on a sound level meter using the A-weighting network. The level so read shall be designed as _______ dc(A) or _______ dB(A).

Ambient noise level means the sound pressure level of the all encompassing noise emanating from a given environment, usually being a composite of sounds from many sources.

Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action, for or on public or private thoroughfares, structures, utilities or similar property.

Decibel or dB means a unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter.

Demolition means any dismantling, destructing or razing of structures, utilities, public or private thoroughfare surfaces or similar property.

Emergency means any occurrence or circumstance involving actual or imminent physical death or trauma, or property damage, demanding immediate emergency work or service.

Emergency work or emergency service means any labor performed for the purpose of preventing or alleviating, or attempting to prevent or alleviate an emergency.

Environmental protection officer means the city environmental protection officer or his authorized designee.

Fluctuating noise means the sound pressure level of noise varying more than six dB(A) during the period of observation when measured with the slow meter characteristic of a sound level meter. Fluctuating noise does not equal the previously existing ambient noise level more than once during the period of observation.

Impulsive sound means a sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, the discharge of firearms, the barking of dogs and the beating of drums.

Level day-night (ldn) means a 24-hour average of the A-weighted sound pressure level, with the levels during the period 9:00 p.m. to 7:00 a.m. increased by ten dB(A) before averaging.

Motorboat means any boat or vessel propelled or powered by machinery, regardless of whether such machinery is the principal source of propulsion, including boats, barges, amphibious craft, jet skis, water ski towing devices and hover craft.

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

Multifamily residential dwelling means a building designed or used exclusively for residential occupancy by two or more families.

Multifamily residential dwelling unit means the portion of a multifamily residential dwelling designed or used exclusively for residential occupancy by only one family.

Noise means any sound produced in such quantity and for such duration that it annoys, disturbs or may injure a reasonable man or woman of normal sensitivities.

Noise-sensitive zone means a quiet zone which is open or in session, and which is demarcated by conspicuous signs identifying it as a quiet zone. Noise-sensitive zones may only be schools, public libraries, churches, hospitals and nursing homes.

Person means any individual, association, partnership or corporation, including any officer, employee, department, agency or instrumentality of the United States, the state or any political subdivision thereof.

Plainly audible sound means any sound for which the information content of that sound is communicated to the listener, including understandable spoken speech or comprehensible musical rhythms.

Powered model vehicle means any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including any model airplane, boat, car or rocket.

Property line means an imaginary line along the surface of land or water, and its vertical plane extension, which separates the real property owned, rented or leased by one person from the real property owned, rented or leased by another person.

Public right-of-way means any street, avenue, boulevard, highway, transportation system, sidewalk, alley or similar place normally accessible to the public which is owned or controlled by any public agency.

Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall exist if the one-third octave and sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.

Residential area means any property within the city zoned R-1-AA, R-1-A, R-1, R-2 or R-3.

RMS sound pressure means the square root of the time averaged square of the sound pressure.

Single-family residential dwelling means a detached dwelling containing complete housekeeping facilities for only one family, designed for or occupied exclusively by one family for usual domestic purposes, and having no enclosed space or cooking facilities or sanitary facilities in common with any other dwelling.

Single-family residential dwelling lot means the parcel of land upon which a single-family residential dwelling is located.

Sound means 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 means the weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI Publication S1.4-1971), or successor publications. If the weighting employed is not indicated, the A-weighting shall apply.

Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting network used to measure sound pressure levels. The output meter reads sound pressure level when properly calibrated. The instrument is of Type 2 or better, as specified in the American National Standards Institute publication entitled Specifications for Sound-Level Meters, designated as ANSI S1.4-1971, or successor publication.

Sound pressure means 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 means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per meter squared. The sound pressure level is denoted Lp (or SPL) and is expressed in decibels.

Transportation system means that portion of any highway, limited access roadway, freeway or toll road, by whomever owned, which is located in the city.

(f)

Findings of fact.

(1)

Excessive and unnecessary noise interferes with the quality of life and can interfere with the health, safety, and general welfare of the public.

(2)

In particular, excessive and unnecessary noise can cause adverse psychological and physiological effects on humans.

(3)

A substantial body of science and technology exists by which noise may be measured and substantially abated.

(g)

Maximum permissible sound levels; receiving land use categories; times; adjustment for character of sound.

(1)

Subject to subsections (g)(2) and (3) of this section, the following applicable sound level limits are established for the following applicable times when measured at or inside the property lines of the following applicable land use categories:

(2)

For any source of sound which emits a pure tone, the sound level limits set forth in subsection (g)(1) of this section shall be reduced by five dB(A).

(3)

The land use categories set forth in subsection (g)(1) of this section shall be subject to existing special exceptions, nonconforming uses and variances.

(4)

The measurement of sound shall be made with a sound level meter. Recorded measurements shall be taken so as to secure and ensure an accurate representation of the sound.

(h)

Vehicular noise.

(1)

No new transportation system or expansion of the capacity of an existing transportation system shall be built in a location in or within 500 feet of any residential area or noise sensitive zone, regardless of the source of project funds, unless such transportation system includes all control measurements necessary to ensure that the projected average sound level day-night (Ldn) for any hour due to the operation of the transportation system does not exceed 52 dB(A) at any point in a residential area within 20 years after the expected completion of the project.

(2)

No transportation system, which can be expected to create, at designed capacity operation, a noise level of 50 dB(A) or more inside any structure either in a noise-sensitive zone or in a residential area (herein "specified structures") already in existence and used for its primary design purpose, shall be constructed without first providing for noise control measures which can be expected to limit the noise level inside the specified structures to no more than 50 dB(A).

(3)

The operation or maintenance of any transportation system, or of any device, instrument, vehicle or machinery in violation of any provisions hereof, shall be presumed to endanger the comfort, repose, health and peace of residents in the area and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.

(4)

Any person, including the city through its city council, may commence a civil action on his own behalf against any person, agency or property owner who is alleged to be in violation of any provision set forth in subsection (h)(1) or (2) of this section.

(5)

Any person, persons or group of persons who shall violate subsection (h) of this section may, upon conviction thereof, be punished by a fine not exceeding $500.00, or by imprisonment for a term not exceeding 60 days for each offense. In addition, any person, persons or group of persons who shall violate subsection (h) of this section shall be subject to the powers of the city code enforcement board to enforce the terms of this section. Each violation, if it continues or reoccurs, shall be deemed a separate offense.

(i)

Prohibited acts.

(1)

Subject to the provisions of subsections (j) and (k) of this section, no person shall produce, cause to be produced, or allow to be produced, by any means, any sound, which sound, when measured inside or at the property line of a single-family residential dwelling lot, a multifamily residential dwelling unit, or any other lot zoned for residential use, exceeds the applicable sound level limits set forth in subsection (g)(1) of this section for longer than ten percent of any measurement period, which measurement period shall not be less than ten minutes.

(2)

Subject to the provisions of subsections (j) and (k) of this section, no person shall produce, cause to be produced, or allow to be produced, by any means, any sound inside or outside the property line of a noise-sensitive zone, which sound, when measured inside or at the property line of the noise-sensitive zone, exceeds the applicable sound level limits set forth in subsection (g)(1) of this section.

(3)

Subject to the provisions of subsections (j) and (k) of this section, no person shall produce, cause to be produced, or allow to be produced, by any means, any sound inside a public right-of-way, or a transportation system which sound, when measured at or inside the property line of a single-family residential dwelling lot, a multifamily residential dwelling unit, any residential area, or a noise-sensitive zone, exceeds the applicable sound level limits set forth in subsection (g)(1) of this section.

(4)

Weekends and holidays. Construction by a licensed contractor in any residential zoning district, or within 500 feet of any residential zoning district, between 9:00 p.m. on Fridays and 7:00 a.m. on Mondays, and any time on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day.

a.

Exceptions.

1.

Public health, safety, and welfare. Any person desiring to conduct construction on weekends or holidays set forth above may apply in writing to the mayor or designee, for a waiver allowing the construction, based on urgent necessity due to public health, safety, and welfare concerns.

2.

Personal necessity. Any person desiring to conduct construction on weekends or holidays set forth above may apply in writing to the Mayor or designee, for a waiver allowing the construction, based on personal necessity. When applying for a waiver, such person shall present original affidavits from all residents within 500 feet of the closest boundary of the property where construction is to take place. Each affidavit shall include: the name and address of the affiant; a statement that the affiant does not object to the granting of a waiver for a limited period of time; and a statement that the affiant understands the waiver may be granted for up to 30 days and may be renewed for an additional 30-day period. In no event shall construction take place between 6:00 p.m. and 10:00 a.m. when application is made based on personal necessity.

3.

Duration of waiver. If granted under this subsection, or if granted with conditions, the waiver shall be limited to a period of up to 30 days' duration. Upon reapplication, the waiver may be renewed for an additional 30-day period if the necessity continues and the applicant otherwise satisfies the criteria set forth herein.

4.

Criteria. In the issuance of a waiver or any renewal based upon public health, safety, and welfare, the mayor or designee, shall determine whether the public must be protected by granting the waiver or renewal. In the issuance of a waiver or any renewal based upon personal necessity, the mayor or designee, shall weigh all facts and circumstances and shall determine whether the reasons given for the necessity are valid and reasonable and whether the person requesting the waiver or renewal will incur a substantial inconvenience if the waiver or renewal is not granted.

5.

Decision in writing. The decision of the mayor or designee and the reason(s) therefore shall be in writing and delivered by hand, electronic mail, or U.S. mail to the applicant.

6.

Administrative appeal. Any person aggrieved by the mayor or designee's decision under this section shall have the right to appeal to the city council by filing a written appeal, together with any appeal fee as set by resolution of council, with the city clerk within seven days following the effective date of the decision of the mayor or designee. The city clerk shall fix a time and place for hearing the appeal at the next available council meeting and shall provide a written notice by U.S. mail to the appellant, and the applicant if the applicant is not the appellant, informing him/her thereof. Upon hearing, the action of the city council shall be final. Notice of council's decision shall be hand delivered or sent by U.S. mail to the appellant and the applicant if the applicant is not the appellant.

7.

Revocation of waiver. If the person granted a waiver violates this section or any conditions placed on the issuance of the waiver, the mayor or designee shall have the authority to instantly revoke the waiver or place specific conditions on the waiver. If the waiver is revoked, all construction activities on weekends and holidays shall immediately cease. Revocation or specific conditions shall be in writing. The revocation may be appealed to the council pursuant to this section.

(j)

Exemptions. The provisions of subsection (i) of this section shall not apply to the following sounds:

(1)

The unamplified human voice;

(2)

Railway locomotives or railway cars;

(3)

Household or farming tools, appliances and equipment (other than motor vehicles) meeting the manufacture's specifications as to sound, if applicable;

(4)

Aircraft and airport activity conducted in accordance with federal laws and regulations;

(5)

Maintenance of public service facilities;

(6)

Law enforcement activities, including training;

(7)

Licensed game hunting activities;

(8)

Authorized target shooting;

(9)

Emergency signals during emergencies;

(10)

Emergency testing between 7:00 a.m. and 7:00 p.m.;

(11)

Refuse collection vehicles not exceeding 86 dB(A);

(12)

Operation of any regulated utility;

(13)

Construction activities for which the city has issued a development permit or order, as defined by the Florida Statutes, provided such activity occurs between 7:00 a.m. and 9:00 p.m. on weekdays, and produces less than 86 dB(A);

(14)

Organized athletic contest;

(15)

Sound originating within any area zoned for industrial use.

(k)

Variances.

(1)

The environmental protection officer may grant a variance from any provision of subsections (g), (h) and (i) of this section.

(2)

Any person seeking a variance shall submit an application with the environmental protection officer containing information which demonstrates that bringing the sound for which the variance is sought in compliance with this section would constitute an unreasonable hardship on the applicant, community or on other persons. At a minimum, the applicant shall provide the following information:

a.

Identification of the applicant;

b.

The applicant's mailing address;

c.

Legal description of property from which the sound will emanate;

d.

Description of the source of the sound;

e.

Description of sound;

f.

Names and addresses of all abutting property owners;

g.

Facts and reasons justifying a variance.

The environmental protection officer may require any other relevant information necessary to make a determination.

(3)

The applicant for a variance shall tender an application fee in the amount established by resolution, plus the sum established by resolution for each and every notice required to be sent under subsection (k)(4) of this section.

(4)

The environmental protection officer shall schedule a hearing on the variance application. The environmental protection officer shall notify the applicant for a variance and all property owners within 1,000 feet of the source of the sound no less than ten days before the hearing of the time, date and place of the hearing. If the environmental protection officer's records show that the variance application stems from a complaint, he shall also notify the complainant.

(5)

At the hearing, the applicant for a variance and the persons objecting to the variance application may submit any relevant evidence or testimony. In deciding whether to recommend the granting or denial of the application, the environmental protection officer shall balance the hardship which will result to the applicant, the community, and other persons if the variance is not granted, versus the adverse impact on the health, safety and general welfare of persons if the variance is granted. The environmental protection officer shall recommend the granting or denial of the variance application no later than ten days after the date of the hearing. In recommending the granting or denial of a variance application, the environmental protection officer shall state in writing on the application the reasons for his recommendation. If the environmental protection officer's decision is to recommend the granting of the application, he shall set forth the terms and conditions of the variance, including the effective date of the variance, the period of the variance, the time of day the variance may be used, the location where the sound may be created or caused, and the sound level limits. The recommendation of the environmental protection officer shall be considered by the city council and the city council shall either approve of disapprove the decision of the environmental protection officer.

(6)

No variance may exceed 365 days, however, an applicant may reapply for successive variances.

(7)

The variance, if granted, shall contain all the terms and conditions of the variance. A copy of the variance shall be retained by the environmental protection officer and the city clerk. This copy shall be available for inspection upon request by the general public.

(8)

In the event of noncompliance with any term or condition of the variance, the environmental protection officer shall notify the variance holder by mail of the nature of the noncompliance. If the environmental protection officer determines that the noncompliance has not been eliminated within seven days following the mailing of the notice of noncompliance, he shall revoke the variance, and he shall so advise the variance holder by mail.

(9)

Any variance applicant or effected property owner may appeal a recommendation of the environmental protection officer on a variance application by submitting a notice of appeal with the city clerk within seven days after the recommendation is made. In the event of an appeal, the city council shall conduct a de novo review in deciding whether to approve or disapprove the environmental protection officer's recommendation.

(10)

Any variance holder may appeal a decision of the environmental protection officer revoking a variance pursuant to subsection (k)(8) of this section by submitting a notice of appeal to the city clerk within seven days after the revocation. The city council shall conduct a de novo review in deciding whether to approve or disapprove the environmental protection officer's decision.

(l)

Enforcement. The city police department and the environmental protection officer are empowered to investigate any situation where a person is alleged to be violating subsection (i) of this section. If the police encounter a circumstance which reasonably indicates that a person is violating subsection (i) of this section, the police officer shall administer a sound level pressure test with a sound level meter. If the results of the test indicate that a violation of subsection (i) of this section is occurring or has occurred in the presence of the police officer, he is thereupon authorized to issue a notice to appear to, or arrest, the person producing, causing to be produced, or allowing to be produced the sound.

(m)

Other remedies. The city, acting through the city council, may also bring suit in the circuit court of the county to restrain, enjoin or otherwise prevent the violation of this section. The city may also enforce the provisions of subsection (i) of this section through the powers of the city code enforcement board.

(n)

No liability for reasonable, good faith trespass by enforcement officer. The police, the environmental protection officer and the city shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon private property while in the discharge of duties under this section.

(Ord. No. 91-369, § 2(26-141), 8-6-1991; Ord. No. 2004-01, § 8, 11-16-2004; Ord. No. 2008-04, § 1, 4-15-2008)

Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments at any point on the property line of the property on which the use is located. No vibration at any time shall produce an acceleration of more the 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7 U.S. Bureau of Mines Bulletin No. 442. The equations of said bulletin shall be used to determine the values for enforcement.

(Ord. No. 91-369, § 2(26-142), 8-6-1991)

Every use shall be so operated as to prevent the emission of smoke, from any source whatsoever, to a density greater than described as No. 1 on the Ringlemann Smoke Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as No. 2 on the Ringlemann Smoke Chart may be emitted for a period or periods totaling four minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this article shall be the standard. All measurements shall be at the point of emission.

(Ord. No. 91-369, § 2(26-143), 8-6-1991)

(a)

Every use shall be so operated as to prevent the emission into the air or storm sewers, streams, canals, lakes or waterbodies of dust, soil, dirt, sediment or other solid matter which may cause damage to property or health of persons or animals at or beyond the lot line of the property on which the use is located.

(b)

Every use shall be so operated as to prevent artificial construction and diversion of surface water and rainwater and to preserve, if possible, the natural flow of surface water and rainwater. If the city has issued a development permit or has approved easements, swales, drainageways, or the like for water runoff, it is the property owner's responsibility to continuously maintain such structures in such a way as to prevent stormwater, surface water, and rainwater from flooding or flowing onto any nearby properties.

(1)

Generally. As a general requirement, all commercial projects and all lakefront residential projects shall have temporary erosion and sediment control devices in place at all times during the construction phase. Said devices shall provide the necessary treatment of runoff such that state surface water quality Standards are not exceeded at any time. These devices shall be removed at the end of the project only after approval by the city engineer or city building official. Any construction project, regardless of location, shall be required to control construction site runoff to meet state surface water quality standards.

(2)

Commercial projects.

a.

All commercial projects shall have an approved erosion control plan on file with the city as a part of the building permit documents. This plan shall be prepared by the appropriate design professional for the project or, as an alternative, by the licensed contractor whose name the permit is under. As with all other building permit documents, an approved copy of this plan shall be maintained at the jobsite for the duration of this project.

b.

The erosion control plan shall include the placement and use of silt fences, swales, retention areas, hay bales, temporary grassing, turbidity barriers or other such devices as needed to prevent the transport of sediment from the site and into storm drains and waterbodies. Fill or runoff will not be allowed to encroach onto adjacent properties without the necessary easements.

c.

Examples of acceptable devices are shown on details provided by the Florida Department of Transportation.

d.

The owner and contractor shall be responsible for adhering to these requirements and shall also be responsible for correcting any damage caused by the lack or improper use thereof. This shall include cleaning of storm inlets and pipes that become blocked, partially or fully, by debris, trash or sediment from a construction site.

e.

Sites having 1.0 or more acres of disturbed area shall also show evidence of Florida Department of Environmental Protection (FDEP) NPDES notification (notice of intent for construction activities also known as NOI).

f.

Property owners may not alter any previously approved stormwater, surface water, rainwater, or runoff and drainage structures without prior approval of the city engineer. All easements, swales, drainageways, or the like for water runoff must continue to be maintained by the property owner in such a way as to prevent stormwater, rainwater, or surface water from flooding or flowing onto any nearby properties.

g.

Failure to comply with these requirements may result in enforcement action by the city or other agencies which may include termination of building permit, fines, or other appropriate actions.

(3)

Residential projects.

a.

All lakefront residential projects shall have an approved erosion control plan on file with the city as a part of the building permit documents. This plan shall be prepared by the appropriate design professional for the project or, as an alternative, by the licensed contractor whose name the permit is under. As with all other building permit documents, an approved copy of this plan shall be maintained at the jobsite for the duration of the project.

b.

All other residential projects (i.e. not lakefront) shall control job-site erosion to prevent sediment runoff from leaving the immediate site. This would especially apply to construction in areas without stormwater treatment facilities (i.e. retention ponds). In any case, the contractor and owner shall be responsible for maintaining erosion and sediment control and for any damage caused as a result thereof.

c.

The erosion control plan shall include the placement and use of silt fences, swales, retention areas, hay bales, temporary grassing, turbidity barriers or other such devices as needed to prevent the transport of sediment from the site and into storm drains and waterbodies. Fill or runoff will not be allowed to encroach onto adjacent properties without the necessary easements.

d.

Examples of acceptable devices are shown on details provided by the Florida Department of Transportation.

e.

The owner and contractor shall be responsible for adhering to these requirements and shall also be responsible for correcting any damage caused by the lack or improper use thereof. This shall include cleaning of storm inlets and pipes that become blocked, partially or fully, by debris, trash or sediment from a construction site.

f.

Sites having 1.0 or more acres of disturbed area shall also show evidence of Florida Department of Environmental Protection (FDEP) NPDES notification (notice of intent for construction activities also known as NOI).

g.

Property owners may not alter any previously approved stormwater, surface water, rainwater, or runoff and drainage structures without prior approval of the city engineer. All easements, swales, drainageways, or the like for water runoff must continue to be maintained by the property owner in such a way as to prevent stormwater, rainwater, or surface water from flooding or flowing onto any nearby properties.

h.

Failure to comply with these requirements may result in enforcement action by the city or other agencies which may include termination of building permit, fines, or other appropriate actions.

(Ord. No. 91-369, § 2(26-144), 8-6-1991; Ord. No. 1998-450, §§ 1, 2, 12-1-1998; Ord. No. 2006-04, § 1, 2-2-2006)

(a)

Every use shall be so operated as to prevent the discharge into any storm sewer, stream, canal, lake, waterbody or the ground of any sewage, waste or unapproved substance which will be considered dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot line of the property on which the use is located.

(b)

The following is a list of substances allowed to discharge into the city's storm sewer system provided they are not identified as a source of pollutants to any receiving waterbody:

(1)

Water line flushing;

(2)

Landscape irrigation;

(3)

Diverted stream flows;

(4)

Rising ground waters;

(5)

Uncontaminated groundwater infiltration to separate storm sewers;

(6)

Uncontaminated pumped ground water;

(7)

Discharges from potable water sources;

(8)

Foundation drains;

(9)

Air conditioning condensate;

(10)

Irrigation water;

(11)

Springs;

(12)

Water from crawl space pumps;

(13)

Footing drains;

(14)

Lawn watering;

(15)

Individual residential car washing;

(16)

Flow from riparian habitats and wetlands;

(17)

Dechlorinated swimming pool discharges;

(18)

Street wash waters;

(19)

Discharges or flows from emergency fire fighting activities;

(20)

Reclaimed water line flushing authorized pursuant to a permit issued under authority of Rule 62-610, F.A.C.; and

(21)

Flows from uncontaminated roof drains.

All other non-storm substances discharged into the city's storm sewer system are to be considered illicit discharges that would pose a threat to the health, safety and welfare of the public and are hereby prohibited. Any unauthorized or illicit discharges will be subject to enforcement as set forth in the city's Charter, Code of Ordinances or as otherwise specified by law.

(Ord. No. 91-369, § 2(26-145), 8-6-1991; Ord. No. 1998-450, § 3, 12-1-1998; Ord. No. 2006-04, § 2, 2-2-2006)

Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. There is hereby established as a guide in determining the quantities of offensive odors, Table III, Chapter 5, "Air Pollution Abatement Manual" of the Manufacturing Chemists Association, Inc., Washington, D.C.

(Ord. No. 91-369, § 2(26-146), 8-6-1991)

Every use shall be so operated as to prevent the emission of glare and heat of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

(Ord. No. 91-369, § 2(26-147), 8-6-1991)

Each use shall be operated so as to minimize the danger from fire and explosion.

(Ord. No. 91-369, § 2(26-148), 8-6-1991)