This chapter shall be known and may be cited as the "Indian River County Noise and Vibration Control Ordinance."

It is the purpose and intent of this chapter to regulate uses and activities in such a manner as to prevent excessive noises and vibrations which degrade the quality of life, disturb the public peace, and jeopardize the health, safety and welfare of the citizens of Indian River County. It is further the intent of this chapter to recognize that factors such as the time of day, location (e.g., proximity to residences), and necessity of sounds incidental to allowed uses and activities must be considered in balancing the protection of public peace, individual freedoms and private property rights.

(Ord. No. 90-16, § 1, 9-11-90)

The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River County Land Development Code.

(Ord. No. 90-16, § 1, 9-11-90)

It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary, or unreasonably loud noise or vibration which disturbs the peace or quiet of any neighborhood or which would cause discomfort or annoyance to any reasonable person of normal sensitivity. Moreover, it shall be prohibited for any person to engage in any use or activity that creates any such noise or vibration contrary to the specific provisions of this chapter.

(Ord. No. 90-16, § 1, 9-11-90)

The following standards and restrictions shall apply to uses and/or activities in unincorporated Indian River County, except as may conflict with the provisions of section 974.06, Exemptions, of this chapter. Uses and/or activities in compliance with the standards and restrictions of this section shall not be subject to the noise control standards set forth in section 974.05.

(1)

Radios, television sets, musical instruments, and similar devices. It shall be unlawful to use, operate, or permit to be played, used, or operated, any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the production or reproduction of sound between the hours of 10:00 p.m. and 6:00 a.m. in such manner as to create a noise or vibration disturbance to neighboring premises.

Pertaining to radios, cassette players, disk players and similar devices associated with motor vehicles, no such device shall be operated in such a manner as to create a noise or vibration disturbance at one hundred (100) feet or more from such device, when operated on a public right-of-way or public space.

(2)

Construction equipment and activity. It shall be unlawful to operate any equipment or perform any outside construction or repair work on buildings, structures, roads, or projects within the county between the hours of 8:00 p.m. and 6:00 a.m. unless an administrative approval as set forth in section 974.07 for such construction or repair work between such hours has been obtained from Indian River County on the basis of good cause shown.

(3)

Engine mufflers. It shall be unlawful to operate any internal combustion engine, including such an engine associated with a motor boat, or motor vehicle without a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(4)

Animal noises. It shall be unlawful to keep or maintain any animal (including birds) without providing and maintaining adequate sound-control techniques to eliminate any excessive, offensive, and unnecessary noise. This provision shall not apply to property within an agricultural zoning district.

(5)

Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or test any motor vehicle between the hours of 8:00 p.m. and 6:00 a.m. on property within or abutting any residential zoning district in such a manner as to disturb the peace, quiet, and comfort of the residents of the area.

(6)

Activities in the vicinity of schools, courts, churches, and hospitals. It shall be unlawful to create any excessive noise on any street adjacent to any school, court, church, or hospital which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in a hospital.

(7)

Loading or unloading of vehicles, opening bales, and boxes. It shall be unlawful to make, create, or maintain any loud or excessive noise within the county that would result in a disturbance to neighboring properties in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates, or containers.

(8)

Peddlers, hawkers, or vendors. It shall be unlawful for peddlers, hawkers, or vendors to shout or cry along or on a roadway to the disturbance of the peace or quiet of a neighborhood.

(9)

Drums, cymbals, and loudspeakers. It shall be unlawful to create, make, or maintain any noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the county for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business. This provision shall not apply to ice-cream trucks or approval public events.

(10)

Bells or sirens on vehicles. It shall be unlawful for any person to use in conjunction with any unauthorized vehicle any bell or siren similar to that used on ambulances or vehicles of the sheriff, fire departments, and other public safety agencies.

(11)

Skateboard ramps. It shall be unlawful to use any skateboard ramp or similar configuration between 8:00 p.m. and 6:00 a.m. in a residential zoning district in such a manner that would result in a disturbance to neighboring properties.

(12)

Air-blow cleaners. It shall be unlawful for any person to operate any air-blow cleaning equipment or similar devices for the cleaning of parking lots, walkways, driveways, or similar areas between the hours of 10:00 p.m. and 6:00 a.m. that would result in a disturbance to neighboring properties.

(13)

Places of public entertainment. It shall be unlawful for any public entertainment establishment or person associated with or working for said establishment to operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device between the hours of 9:00 p.m. and 6:00 a.m. in such a manner as to create noise or vibration that is a disturbance to neighboring premises.

(14)

Sounding of train horns or whistles. It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway crossing located within Indian River County, providing that the crossing is equipped with train-activated automatic traffic-control devices, which shall include, flashing lights, bells and crossing gates.

(15)

Landscape maintenance. It shall be unlawful for any person to undertake landscape maintenance activities in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 8:00 p.m. and 6:00 a.m.

(16)

Power generators. It shall be unlawful for any person to manually or automatically exercise or test a power generator in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 6:00 p.m. and 8:00 a.m. Manual or automatic exercising or testing of power generators shall be for the minimum duration necessary to meet manufacturer's specifications.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, § 1, 10-13-09)

Except as may conflict with the specific noise and vibration provisions of section 974.04, it shall be unlawful to project a sound or noise from one property into another property within the boundary of the zoning district which exceeds the limiting noise spectra set forth in Table I below.

(1)

Sound or noise projecting from one district into another zoning district with a different noise level shall not exceed the limits of the district into which the noise is projected.

(2)

The limits hereinabove referred to shall be in accordance with the following table:

TABLE I. APPLICABLE NOISE LIMITS

Measurement period one-quarter hour (continuous), as measured at the property boundary of the receiving parcel. In multifamily developments (including duplex developments), the measurement shall be taken from the receiving premises.

Level L(1). That noise (A-weighted sound level) exceeding one percent of a measurement time equivalent to at least fifteen (15) minutes.

Level L(10). That noise (A-weighted sound level) exceeding ten (10) percent of a measurement time equivalent to at least fifteen (15) minutes.

Level L(50). That noise (A-weighted sound level) exceeding fifty (50) percent of a measurement time equivalent to at least fifteen (15) minutes.

*Residential developments within Agricultural Zoning Districts shall be subject to the decibel level thresholds for the "Residential" Zoning Districts.

(3)

If the noise occurs at any time on Sunday or holidays, the decibel level applicable between 10:00 p.m. and 6:00 a.m. shall prevail.

(4)

Noise levels shall not exceed the peak noise levels, independent of time duration, set out in Table II below:

TABLE II. PEAK NOISE LEVELS

(5)

For noise of impulsive character (hammering, etc.), the permissible decibel levels set out in Table I shall be corrected by subtracting five (5) decibels. Impulsive sound is any sound of short duration, usually less than one second with an abrupt onset and rapid decay, e.g. explosions and blasting.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2011-008, § 2, 9-13-11)

The following noises or vibrations shall be exempt from the restrictions set forth in the other sections of this chapter.

(1)

Noises of authorized safety signals and warning devices;

(2)

Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency or any other public safety operation;

(3)

Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger;

(4)

Noises incidental to mosquito control activities by the Indian River County Mosquito Control Board;

(5)

Noises incidental to the activities of bona fide agricultural operations;

(6)

Noises resulting from use of an emergency power generator during a power outage, provided that the generator is operated in accordance with manufacturer's specifications, with all standard equipment, and is in proper operating condition. Notwithstanding, noises resulting from use or testing of a generator by a utility company to support installation, repair, maintenance, or restoration of service operations are exempt from the restrictions set forth in this chapter;

(7)

Noises resulting from an air conditioner, pool heater, and similar outdoor mechanical equipment that is properly located, or county-approved as a "quiet" low decibel model unit, or installed with a county-approved sound barrier or other county-approved noise-mitigating improvement as set forth in section 911.15(2)(c) of Chapter 911, Zoning, and section 912.07(1)(b)6. of Chapter 912, Single-Family Development.

(8)

Noises or vibrations associated with uses or activities whereby an administrative approval to produce such noises or vibrations contrary to the restrictions of this chapter has been obtained from the community development director, as set forth in section 974.07 of this chapter.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, § 2, 10-13-09; Ord. No. 2013-022, § 3, 12-10-13)

A deviation from the provisions of this chapter may be granted via an administrative approval from the community development director. In reviewing a request for an exemption from the noise and vibration restrictions of this chapter, the community development director shall consider the following factors:

Whether or not the proposed use or activity necessarily warrants a deviation from the noise and vibration restrictions of this chapter;

Whether or not the noise and/or vibration associated with the proposed use or activity is compatible with surrounding land uses so as not to create a disturbance to adjacent properties;

Whether or not the applicant has taken or will take all effort to limit excessive noises or vibrations associated with the proposed use or activity to meet the intent of this chapter; and

In cases where the use or activity is proposed between 8:00 p.m. and 6:00 a.m., whether or not such hours of operation are necessary, and if so, are noises and vibrations associated with the use or activity minimized.

(Ord. No. 90-16, § 1, 9-11-90)