This division is adopted pursuant to the provisions of Article VIII, Section 1, Florida Constitution, F.S. §§ 125.01 and 125.66, and other applicable provisions of law. The provisions of this division shall apply in the unincorporated areas of the county.

(Ord. No. 2015-09, § 2, 12-8-2015)

It is hereby ascertained, determined and declared that:

(1)

Excessive sound within the limits of the county is a condition which has existed for some time and the amount and intensity of such sound is increasing.

(2)

Such excessive sound is a detriment to the public health, safety, welfare and quality of life of the residents of the county and visitors to the county.

(3)

The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety, welfare and quality of life of the county and its inhabitants.

(Ord. No. 2015-09, § 2, 12-8-2015)

The following words, terms and phrases, when used in this division, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All technical acoustical terminology and standards used in this division, which are not defined in this section, shall be read or construed in conformance with applicable publications and standards of the American National Standards Institute(ANSI), or its successor bodies.

A-weighted sound level means the sound pressure level in decibels as measured with a sound level meter using the A-weighting network. The unit of measurement is the dBA.

Construction means any site preparation, any assembly, erection, substantial repair, alteration or similar action, excluding demolition, for or on public or private property or rights-of-way, structures, utilities or similar property.

Continuous airborne sound means sound that is measured by the slow-response setting of a sound level meter manufactured to the specifications of ANSI S1.4-1971 (R1976), or its successor.

Decibel, also dBA, means a unit for measuring the intensity of a sound wave, equal to 20 times the logarithm of the ratio of the pressure produced by the sound wave measured to a reference pressure, usually 0.0002 microbar, or 20 micropascals (20 micronewtons per square meter).

Demolition means any dismantling, intentional destruction or removal of structures from public or private property.

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or damage to persons or property which necessitates immediate action. Economic loss shall not be the sole determining factor in the determination of an emergency. It shall be the burden of an alleged violator to prove an "emergency."

Emergency work means any work made necessary to restore property to a safe condition following an emergency, or to protect persons or property threatened by an imminent emergency, to the extent such work is necessary to protect such persons or property from exposure to imminent danger or damage.

Frequency means the number of complete oscillation cycles per unit of time.

Land use and use mean any activity, event, operation and facility which create noise.

Noise means any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on humans because the sound is produced in such quantity and for such a duration that it annoys, disturbs or may injure persons of normal sensitivity. Noise also means any sound of any kind or source that exceeds the levels established in this division.

Noise disturbance means any sound in excess of 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. when measured not closer than the property line of a property that has a residential designation on the comprehensive plan future land use map, or from the nearest affected dwelling unit.

Place of public entertainment means any place of entertainment to which the public is invited, including but not limited to a restaurant, bar, dancehall or recreational facilities.

Plainly audible means any sound or noise produced by any source, or reproduced by a radio, tape player, television, CD player, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic sound making device, that can be clearly heard by a person using his/her normal hearing faculties.

Public right-of-way means any street, avenue, boulevard, sidewalk, bike path or alley, or similar place normally accessible to the public which is owned or controlled by a governmental entity.

Public space means any lot or parcel, either privately or publicly owned, which may or may not contain a building or structure, which is open to the general public during its hours of operation.

Real 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 that owned, rented or leased by another, excluding real property divisions within buildings. Where the real property owned, rented or leased by a person abuts a water body, this means the mean high water line for a tidally influenced water body and the ordinary high water line for a non-tidally influenced water body.

Reasonable time means 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 division, after a warning has been issued. The duration of time shall be dependent on the source of the noise and what action can be taken to reduce or eliminate the noise.

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

Sound level means the weighted sound pressure level as measured in dB(A) by a sound level meter and as specified in ANSI specifications for sound-level meters S1.4-1971 (R1976), or its successor. If the frequency 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 networks used to measure sound pressure levels. The output meter reads sound pressure level when properly calibrated, and the instrument is of type 2 or better, as specified in the American National Standards Institute Publication SI-41972, or its successor.

Spectator games means competitive sports and racing events that are open to spectators.

Weekday means any day Monday through Friday that is not a paid holiday as defined in F.S. § 110.117(1), as the same may be amended.

(Ord. No. 2015-09, § 3, 12-8-2015; Ord. No. 2022-13, § 3, 6-21-2022)

It shall be unlawful and a violation of this division, except as expressly permitted or exempt herein, to make, cause or allow the making of any noise or sound that exceeds the noise or sound levels set forth in this division.

(Ord. No. 2015-09, § 4, 12-8-2015)

Unless otherwise exempted in this division, or unless expressly allowed by special exception or other specific approval by the board of county commissioners or other county board or committee or official with specific authority to grant such approval, any of the following acts, or the causing or permitting thereof, shall be unlawful and a violation of this division:

(1)

Motor vehicles. The operation, or causing or permitting the operation, of a public or private motor vehicle, or combination of vehicles towed by a motor vehicle, that creates sound exceeding the sound level limits in the districts/areas provided in Table 1 when the vehicle(s) are not traveling on public streets, highways, driveways, parking lots and ways open to vehicle travel.

(2)

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

a.

The use, operation or playing of any radio, television, phonograph, stereo set, tape player, CD player, electronic audio equipment, sound amplifier, musical instrument or similar device which produces or reproduces sound in a manner as to be plainly audible ten feet beyond the property line of the property where the source of the sound is located; or

b.

The use, operation or playing of any radio, television, phonograph, stereo set, tape player, CD player, electronic audio equipment, sound amplifier, musical instrument, or similar device which produces sound located on a public or private right-of-way or a public space in such a manner as to be plainly audible at a distance of 50 feet from the source of the sound.

(3)

Loudspeakers and public address systems. The operation, or causing or permitting the operation, of any loudspeaker, public address system or similar device, for any purpose, between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible ten feet beyond the property line of the property where the source of the sound is located, or, if the source of the sound is on a private or public right-of-way or public space at a distance of 50 from the source of the sound.

(4)

Animals. The owning, possessing, or harboring of an animal or bird that howls, barks, meows, squawks or makes any other sound that:

a.

Is plainly audible ten feet beyond the property line where the animal is located and the receiving property of the sound is in a residential zoning district or a rural agricultural zoning district that allows residential uses; and

1.

Is of frequent or continued duration for ten or more consecutive minutes; or

2.

Is intermittent for a period of 30 or more minutes.

It shall not be a violation of this division, however, for any animal or bird to give a sound of danger or warning under particular circumstances reasonably requiring the need for a warning.

(5)

Construction and demolition. The operation, or causing or permitting the operation, of any tools or equipment used in construction, building, excavation, grading, pile driving, pneumatic hammering, drilling, repair, alteration, demolition, or any other similar work, between the hours of 10:00 p.m. and 7:00 a.m. such that the sound therefrom is plainly audible ten feet beyond the property line of the property where the source of the sound is located, except for emergency work or other work approved by the county manager or his/her designee. This section shall not apply to the use of domestic power tools as provided below.

(6)

Emergency signaling devices.

a.

The intentional sounding, or causing or permitting the intentional sounding, outdoors of any vehicle horn, or any fire, burglar or civil defense alarm, siren or whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing as follows:

1.

Testing of a stationary emergency signaling device shall not occur between 10:00 p.m. and 7:00 a.m. the following day.

2.

Testing of a stationary emergency signaling device shall use only the minimum cycle test time, in no case to exceed 60 seconds.

3.

Testing of a complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall only occur on weekdays and not between the hours of 10:00 p.m. and 7:00 a.m., and shall be exempt from the time limit specified in subsection 50-350(6)(a)(i).

b.

No person shall permit the sounding of any exterior burglar or fire alarm unless such alarm is automatically terminated within 15 minutes of activation.

(7)

Domestic power tools. The operation, or causing or permitting the operation, of any portable mechanical, electrical, or gasoline motor-driven equipment, tool, or garden tool, outdoors between the hours of 10:00 p.m. and 7:00 a.m., such that the sound is plainly audible ten feet beyond the property line where the source of the sound is located and the receiving property of the sound is in a residential zoning district or a rural agricultural zoning district that allows residential uses.

(8)

Fixed equipment. The operation, or causing or permitting the operation, of any pump, air conditioning, air-handling, air compressor unit, power fan or blower, fixed electric motor or engine, or other continuously operating motorized equipment such that the sound is plainly audible ten feet beyond the property line where the source of the sound is located.

(Ord. No. 2015-09, § 4, 12-8-2015; Ord. No. 2024-5, § 1, 8-6-2024)

It shall be unlawful for any person to create, operate, or cause to be operated on private property or any public space any source of sound in such a manner as to create a sound level which exceeds the limits set forth in Table 1 for the zoning district or category of property receiving the sound when measured at or within the boundary of the property receiving the sound. The measurement of sound or noise levels shall conform to the standards in section 50-355.

(Ord. No. 2015-09, § 5, 12-8-2015)

Unless otherwise exempted in this division or expressly allowed by special exception or other specific approval by the board of county commissioners or other county board or committee or official with specific authority to grant such approval, noise disturbances caused by the following shall be prohibited:

(1)

Loud music and amplified sound. For loud music and amplified sound, the maximum level shall be 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. No person shall operate, play or permit the operation or playing of electronic audio equipment, musical instruments, or any other similar mechanical or electronic sound making devices including but not limited to radios, television sets, live bands, loud speakers and public address systems in such a manner as to create a noise disturbance.

(2)

Places of public and private recreational activities and entertainment. For places of public and private recreational activities and entertainment, the maximum level generated by any recreational activities or entertainment shall be 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. No person shall operate or permit the operation of any loudspeaker or other source of noise in any enclosed or unenclosed place of public entertainment or at a recreational facility in such a manner as to create a noise disturbance.

(3)

Vehicle and motorboat repair and testing in residential areas. For vehicle and motorboat repair and testing, the maximum level shall be 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. No person shall repair, rebuild, or test any motor vehicle or motorboat within any residential area in such a manner that creates a noise disturbance.

(Ord. No. 2015-09, § 12-8-2015)

The provisions of this division shall not apply to the following sounds or sources of sounds:

(1)

Railway and airport activities when conducted in accordance with all applicable state and federal laws and regulations.

(2)

Sound resulting from any emergency work as defined in section 50-348.

(3)

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

(4)

Sound resulting from any law enforcement activities or operations, including training activities.

(5)

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

(6)

Recreational or entertainment activities, supervised fireworks displays, carnivals, festivals, parades, sporting events, or spectator games at public or privately owned or operated facilities where such use(s) are allowed use(s), when conducted in accordance with subsection 50-352(2).

(7)

Farming, forestry and mining operations and incidental activities including but not limited to sounds created by equipment, domestic livestock and production and marketing activities in A/RR or F/RR zoning districts.

(8)

Sounds emanating from activities permitted by right on properties designated as A/RR or F/RR zoning.

(9)

Sounds from the operation of motor vehicles as regulated by F.S. §§ 316.272 and 316.293, as the same may be amended.

(Ord. No. 2015-09, § 6, 12-8-2015)

(a)

Permit process.

(1)

Applications for a special permit for relief from the maximum sound level limits designated in this division for the events or activities described below, also referred to in this section as a permit, may be made in writing to the county manager or designee. A permit is not required under this section if sound levels, including amplified sound, will not exceed the maximum sound level limits designated in this division.

(2)

A permit application shall include the name, address and telephone number of the permit applicant; the date, hours and location for which the permit is requested; and the nature of the event or activity. The application must be submitted at least ten days in advance of the event, excluding holidays and weekends.

(3)

Upon receipt of a permit application, the county manager or designee will review the application and issue a decision promptly, but in no event less than three days prior to the date of the event. If no decision is issued by the time specified, the permit will be considered to be issued. The permit shall be issued provided the proposed activity meets the requirements of this section.

(4)

Any permit granted pursuant to this section must be in writing and shall contain all conditions upon which the permit shall be effective or allowed.

(5)

The county manager or designee may prescribe any reasonable conditions or requirements for any permit issued that he/she deems necessary to minimize noise disturbances upon the community or the surrounding neighborhood, including but not limited to the use of mufflers, screens or other sound-attenuating devices.

(b)

Permits for entertainment. Permits may be granted for the purpose of entertainment under the following conditions:

(1)

The function must be open to the general public (admission may be charged).

(2)

The function must take place on public property, or public space, provided that only six functions requiring a permit pursuant to this section may be held on any particular public property or public space per calendar year.

(3)

The permit will be granted for only four hours in one 24-hour day or any reasonable extension thereof as authorized by the county manager or designee.

(4)

The permit will only be granted for hours between 9:00 a.m. and. 12:00 midnight on all days other than Friday and Saturday; and, on Friday and Saturday, between the hours of 9:00 a.m. and 1:00 a.m. of the following day, except in the following circumstances:

a.

A permit may be granted for hours between 9:00 a.m. on New Year's Eve and 1:00 a.m. the following day (New Year's Day).

b.

A permit may be granted for hours between 9:00 a.m. and 2:00 a.m. the following day if there are no private residences, hospitals or nursing homes within a 0.5 mile radius of the property where the function is taking place.

(5)

Functions for which the permits are issued shall be limited to a continuous airborne sound level not to exceed 70 dBA, as measured 200 feet from the real property boundary of the source property. When one or more streets are closed adjacent to the source of the sound, the measurement shall be taken 200 feet from the boundary of the closed area. An applicant may be required to provide the equipment and measurements described under this subsection in order to demonstrate compliance herewith.

(c)

Other permits. Special permits for non-entertainment special purposes may be issued under the following conditions:

(1)

Nonrecurring.

a.

If the special purpose relates to the operation of a trade or business, the special purpose shall not be in the ordinary course of that trade or business; or

b.

If the special purpose does not relate to the operation of a trade or business, the special purpose shall not be an ordinary event in the normal and customary allowed use of the property that is the subject of the application.

(2)

Recurring. If the special purpose is a recurring purpose, it shall not recur more often than four times each calendar year; and:

a.

The special purpose shall be essential to the operation of the applicant's trade or business; or

b.

If the special purpose is not essential to the operation of a trade or business, the special purpose shall be compatible with the normal and customary uses and activities of the surrounding neighborhoods;

(3)

Hours. A permit for a non-entertainment special purpose may be issued only for hours between 7:00 a.m. and 11:00 p.m. the same day on weekdays; and

(4)

Duration. A permit for a non-entertainment special purpose may be issued for no longer than one week, renewable by further application to the county manager or designee, provided the applicant otherwise meets the provisions of this section.

(Ord. No. 2015-09, § 8, 12-8-2015; Ord. No. 2024-5, § 1, 8-6-2024)

(a)

Measurement with sound level meter. When sound levels or violations of sound levels of this division are used or described in decibels, the following measurement standards shall be used:

(1)

The measurement of sound shall be made with a sound level meter meeting the standards prescribed by ANSI S1.4-1971 (R1976). 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 sound level measurement. Measurements recorded shall be taken so as to provide a proper representation of the source of the sound. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used at all times. However, a violation of this chapter may occur without the occasion of the measurements being made as otherwise provided.

(2)

The slow meter response of the sound level meter shall be used in order to best determine the average amplitude.

(3)

The measurement shall be made at any point on the property into which the sound is being transmitted and shall be made at least three feet away from any ground, wall, floor, ceiling, roof and other plane surface.

(4)

In case of multiple occupancy of a property, the measurement may be made at any point inside the premises to which any complainant has right of legal private occupancy; provided that the measurement shall not be made within three feet of any ground, wall, floor, ceiling, roof or other plane surface.

(5)

All measurements of sound provided for in this chapter will be made by qualified officials of the county who are designated by the county manager or designee or county sheriff or designee to operate the apparatus used to make the measurements.

(6)

The operator conducting sound level measurements shall document all results in a written record. Such record shall include the following:

a.

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

b.

Date of last laboratory calibration.

c.

On-site calibration verification before and after each series of measurements, or calibration verification in accordance with manufacturer's recommendations.

d.

Name and location of the measuring area.

e.

A detailed sketch of the measuring area.

f.

Time and date of the measurements.

g.

Name of the observers.

h.

General weather conditions.

(b)

Assessment without sound level meter. Any person who hears a noise or sound that is plainly audible, as defined in section 50-348, in violation of this division, shall be entitled to measure the sound according to the following standards:

(1)

The primary means of detection shall be by means of the person's ordinary hearing faculties, so long as the person's hearing is not enhanced by any mechanical device, such as a hearing aid.

(2)

The person must have a direct line of sight or hearing to the real property of the source of the sound so that the person can readily identify the source of the sound and the distance involved. If the person is unable to have a direct line of sight or hearing to the real property of the source of the sound, then the person shall confirm the source of the sound by approaching the suspected real property source of the sound until the person is able to obtain a direct line of sight or hearing, and identify the identical or same sound that was heard at the place of original assessment of the sound.

(3)

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

(Ord. No. 2015-09, § 8, 12-8-2015; Ord. No. 2024-5, § 1, 8-6-2024)

(a)

The county sheriff or designee or other enforcement agencies with jurisdiction in the county shall be the enforcing official(s) for these regulations set forth in this division and shall have the authority and duty to enforce these regulations as set forth in this section.

(b)

When the enforcing official determines that there is a violation of the regulations set forth in this division, the official shall issue 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 allowable limits.

(c)

The person receiving the warning shall have a reasonable time to comply with the warning. In the case of a radio, television, phonograph, stereo set, tape player, CD player, electronic audio equipment, sound amplifier, musical instrument, or similar device which produces sound located on a public or private right-of-way or a public space in such a manner as to be plainly audible at a distance of 50 feet from the source of the sound, a reasonable time is immediately upon receiving the warning. For all other violations, absent special circumstances, reasonable time is 15 minutes.

(d)

For the purposes of this section, it is sufficient warning for all prohibited sounds if the person responsible for such sound has been warned of, or cited for, one or more offending sounds of the same type within the previous 90 days, or in the case of a business, in the time period since ownership of the business changed, whichever is less.

(e)

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 and then reoccurs, the person so warned and not complying shall be cited and/or arrested for a violation of this division and upon conviction shall be subject to the penalties designated in this division.

(f)

In addition to the enforcement procedures and penalties provided in this section and section 50-358, the county is hereby authorized to institute any other action or proceeding allowed by law, including but not limited to county code enforcement procedures or suit for injunctive relief, in order to prevent or abate violations of this division.

(Ord. No. 2015-09, § 9, 12-8-2015)

(a)

Any complaint regarding a violation of this division must be filed by a person who is an owner or tenant of any building in the vicinity in which the alleged violation occurs, or a person who is in the vicinity of the public or private right-of-way or public space in which the alleged violation occurs so that the alleged violation is plainly audible to that person.

(b)

When a complaint has been received, the enforcing official shall investigate the charges. If the official finds probable cause to believe the person alleged to be causing or allowing to be caused the offending sound is in violation of this division, the official shall follow the enforcement procedures set forth in section 50-356.

(c)

If the person issued a warning does not take corrective action within a reasonable time as defined in subsection 50-356(c), or if the sound is abated after warning and then reoccurs, the enforcing official may then issue a citation or file a sworn complaint with the state attorney.

(d)

Any person found guilty of violating the provisions of this division shall be subject to the penalties in this division.

(Ord. No. 2015-09, § 9, 12-8-2015)

(a)

The provisions of this division may be enforced by civil citation or by criminal citation.

(b)

The first violation of this division by any person, firm or corporation shall be deemed a civil infraction with a minimum fine of $50.00 per infraction plus the costs of enforcement, which fine shall be payable to the clerk of court within 30 days of the applicable violation. A second violation by any person, firm or corporation within 30 days of the issuance of a citation for a first violation to such person, firm or corporation shall be deemed a civil infraction with the same minimum fine, costs and method and time for payment as a first violation. Costs of enforcement for civil violations shall include but not be limited to: court costs, attorney fees, administrative fines, and any other fees or costs imposed by statute or ordinance.

(c)

A third violation of this division by any person, firm or corporation within 30 days of the issuance of a citation for a second violation to such person, firm or corporation shall be deemed a criminal infraction. Any person or persons, firm or corporation, or any agent thereof who violates any of the provisions of this division shall upon conviction be guilty of a second degree misdemeanor offence punishable as provided under F.S. §§ 775.082 and 775.083.

(d)

Violations of this division may also be processed in accordance with any other enforcement procedure allowed by law.

(Ord. No. 2015-09, § 9, 12-8-2015)

The owner, tenant or lessee of a property, or a manager, overseer or agent, or any other person lawfully entitled to possess the property from which a sound is emitted in violation of this division at the time the offending sound is emitted, shall be responsible for compliance with this division. It shall not be a lawful defense to assert that some other person caused the sound. The person that lawfully resides on and is the operator of the premises also shall be responsible for operating or maintaining the premises in compliance with this division.

(Ord. No. 2015-09, § 9, 12-8-2015)