(a)

No land use or land development activity may be conducted in a manner inconsistent from the normal manner of conduct of such activity and in a way which results in the unusual or extraordinary generation of noise, air or water pollution, smoke or dust, uncontrolled or uncontained solid, liquid, or airborne waste or debris, or which involves unusual accumulation of stored materials not immediately and directly required for the normal operation of the permitted use present on the property.

(b)

No materials may be stored in an outside area visible from any adjacent or nearby street or property in any residential district. No inoperative wheeled vehicle may be stored for more than five days on any parcel in a residential district, except when stored in a completely enclosed structure.

(Code 1994, § 30-956)

(a)

Noise.

(1)

Declaration of legislative finding. The intent and purpose of this section is to eliminate, regulate and restrict sources and occurrences of noise and disturbances which interfere with the peaceful enjoyment of property and which are contrary to the public welfare and constitute a nuisance to the public at large.

(2)

Declaration of intent. The intent and purpose of this section is to eliminate, regulate and restrict sources and occurrences of noise and disturbances which interfere with the peaceful enjoyment of property and which are contrary to the public welfare and constitute a nuisance to the public at large.

(3)

Definitions. As used in this subsection, unless the context clearly indicates otherwise, the terminology defined below shall be applicable. Any terminology defined below shall be interpreted in conformance with the applicable publication of the American National Standards Institute or its successor body:

a.

A-weighted sound-pressure level means the sound-pressure level as measured with a sound-level meter using the A-weighting network. The standard notation is dB (A) or dBA.

b.

ANSI means the American National Standards Institute or its successor bodies.

c.

Complaining property means that property receiving sound levels, including, but not limited to, lots, parcels, tracts or individual dwelling units.

d.

Construction work means any site preparation assembly, erection, substantial repair, alteration, demolition or similar action on public or private rights-of-way, structures, utilities or similar property pursuant to lawful authority.

e.

dBA means the total sound level of all noise as measured with a sound-level meter using an A-weighting network. The unit is decibel based on a reference sound pressure of 0.0002 microbars.

f.

Emergency work means work made necessary to restore property to a safe condition following a calamity or work required to protect persons or property from imminent exposure to danger.

g.

Enforcement official shall mean and refer to any person authorized to enforce the provisions of this section, including, but not limited to, police officers, code officers, zoning, building or health inspectors.

h.

Fixed mechanical equipment shall mean mechanical equipment, such as an air-conditioning unit, water-cooling tower, swimming pool pump, fan, power generator or other similar power-source equipment permanently affixed to real property as distinguished from temporary, portable, nonfixed mechanical equipment.

i.

Person means individuals, children, corporations, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries and all other groups or combinations thereof.

j.

Sound level means the weighted sound pressure obtained by the use of a metering characteristic with an A-weighting as specified in the ANSI specifications for sound-level meters.

k.

Sound-level meter means an instrument which includes a microphone, amplifier and output meter and frequency-weighting networks for the measurement of noise and sound levels in a manner to meet ANSI standards.

l.

Source property means the property from which the subject sound is originating, including public or private streets, sidewalks or other public or open space areas.

(4)

Maximum permissible sound levels; general prohibition. No person shall operate or cause to be operated any source of sound from any location in such a manner as to create a sound level which exceeds the limits set forth in table 1 below for inhabited receiving land more than ten percent of any measurement period, which period shall not be less than ten minutes when measured at or within the property boundary of the complaining property. A violation of this section shall have occurred without the occasion of the measurements being made as provided herein if circumstances are such that the sound, because of its very nature, is unusually loud to a reasonable prudent person of ordinary sensitivity situated upon the complaining property.

Sound level measurement shall be made with a type 2 or better sound-level meter using the A-weighting scale in accordance with the standards promulgated by the American National Standards Institute (ANSI).

Measurement location: All measurements shall be made with a sound meter at or within the boundary of the complaining property.

Table 1
Maximum Permissible Sound Levels for Inhabited Residential and Commercial Receiving Land

(5)

Specific prohibitions. In addition to the general prohibitions set out above, the following specific acts are declared to be in violation of this section:

a.

Horns, signaling devices. The sounding of any horn or audible signal device of any motor vehicle, boat, train, engine, machine or stationary boiler of any kind except as required by law or as a danger-warning device for any unnecessary or unreasonable period of time.

b.

Radios, television, musical instruments and similar devices. The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in such a manner as to exceed the levels set forth in table 1 above or the operating or playing of any radio, television, phonograph, musical instrument or similar device on the public rights-of-way or in public parks in a manner as to be plainly audible at a distance of 100 feet from the sound source.

c.

Loudspeakers and sound amplifiers. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 9:00 p.m. and 8:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays within or adjacent to an inhabited residential area such that the sound therefrom is plainly audible across the property line of the inhabited residential property; however, this section shall not apply to any public performances, gatherings or parades lawfully held.

d.

Street sales advertising. The use or operation of any loudspeaker, sound amplifier or musical instrument which produces or reproduces sound which is cast or emitted upon the public streets and sidewalks for the purpose of commercial advertising or for attracting the attention of the public to any particular building, structure or place when such sound that is emitted is plainly audible across the property line of any inhabited residential property.

e.

Machinery construction work. The operation of any machinery, demolition equipment, construction equipment, power tools, equipment of semi-mechanical devices or undertaking construction work which emits a sound plainly audible across the property line of an inhabited residential property between the hours of 9:00 p.m. and 8:00 a.m. However, this subsection shall not prohibit the use of temporary pumps or machinery which, because of its very nature and purpose, is required to be operated 24 hours a day.

f.

Lawn equipment. To operate lawn and garden equipment which emits sound plainly audible across the property line of inhabited residential property between the hours of 9:00 p.m. and 8:00 a.m.

(6)

Administrative variance. Where an activity generating noise in excess of these limits is necessary, such as during construction, a temporary administrative variance may be granted by the planning, zoning and building director under section 34-607 to permit the use for not more than 30 consecutive days.

(7)

Exemptions. The provisions of this subsection shall not apply at any time to:

a.

Sound emitted from the operation of motor vehicles legally operating on any public right-of-way which are regulated by F.S. ch. 316, Uniform Traffic Control Law, provided, however, that this exemption shall not operate to exempt any sound-emitting device which may be physically attached to any motor vehicles, such as radios, amplifiers, loudspeakers or other similar devices.

b.

Any noise generated by interstate motor and rail carriers and aircraft or airport operations. Any other subjects to the extent preempted by applicable state or federal laws or regulations.

c.

Any noise generated as a result of emergency work or for the purpose of alerting persons to the existence of any emergency.

d.

Any noise generated by any public speaking or public-assembly activities conducted on any public space or public right-of-way pursuant to lawful authority, including sporting events.

e.

Noise produced by domestic power tools, lawn mowers and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. to 9:00 p.m.

(8)

Public nuisance/injunctive relief. Any emission of noise from any source in excess of the limitations established in or pursuant to this section shall be deemed and is hereby declared to be a public nuisance. Upon receipt of written complaint of a violation of this section, the village manager, or his/her designee, may investigate and request the village attorney to file injunctive proceedings to abate said nuisance. Such proceedings shall be cumulative and in addition to the penalties provided herein.

(9)

Other remedies. Nothing in this section shall be construed to impair any cause of action at law or in equity by any person for injury, damages or other injunctive relief due to violations of this section.

(b)

Vibration. No use shall be operated so as to emit a low frequency sound (bass), in a manner that such sound causes vibration which causes a noise disturbance or can be felt beyond the real property line of the parcel from which the sound is emitted for more than ten percent of any measurement period, which period shall not be less than ten minutes when measured at or within the property boundary of the complaining property. It shall also be a violation when vibration is caused by other mechanical means and is felt beyond the real property line which is causing the vibration.

(c)

Any person violating this section shall be fined in the amount as set forth on the village schedule of fees as adopted by the village council. Each time an enforcement official responds to a noise/vibration complaint, it shall be considered a separate offense/violation no matter how much time has elapsed between the complaints.

(Code 1994, § 30-957; Ord. No. 2004-01, § 1, 1-22-2004; Ord. No. 2019-09, § 2, 6-13-2019)

(a)

Hazardous materials shall include any hazardous or toxic substance, including degradation and interaction products, which, because of quality, concentration or physical, chemical (including ignitability, corrosivity, reactiveness and/or toxicity) and/or infectious characteristics, radioactivity, mutagenicity, carcinogenicity, teratogenicity, bioaccumulative effect, persistence (nondegradability) in nature or any other characteristic relevant to a particular material that may cause significant harm to human health or the environment, including air, surface water and groundwater, plants or animals.

(b)

No material which is characterized as hazardous may be stored or used in a manner which is inconsistent with applicable governmental regulations or with the manufacturer's specifications.

(c)

The amount of hazardous material which may be stored on a parcel shall not exceed the amount needed to conduct permitted operations during a period of six months or the minimum quantity in which the material is regularly available, whichever is greater.

(d)

No hazardous waste (i.e., unwanted hazardous material) may be stored or disposed of, except in compliance with applicable governmental regulations. Any nonresidential use or activity which generates hazardous waste shall be registered with the state department of environmental regulations and/or the appropriate department of the county.

(e)

Any hazardous materials not stored in approved containment facilities shall be stored inside a building or secure, roofed enclosure designed to provide for containment of any spill or leakage. Interior storage shall be designed without floor drains or so that floor drains do not directly discharge to the environment. Exterior storage shall be provided with berms or curbs to prevent discharge of spilled or leaked materials to the environment. Containment areas, whether interior or exterior, shall be designed to accommodate the maximum amount of hazardous and nonhazardous material which may be stored at any one time.

(f)

Each use shall be operated so as to minimize danger from fire and explosion. All uses storing, processing or producing free or active burning material shall be located entirely within buildings or structures having incombustible exterior walls, and all such buildings or structures shall be set back at least 200 feet from any property line. Storage or use of materials which produce flammable or explosive vapors or gasses under ordinary weather conditions shall be set back at least 250 feet from any property line. Storage of explosives shall be prohibited.

(Code 1994, § 30-958)

(a)

No land use or activity may be conducted which produces pollutants exceeding the most strict applicable local, state or federal standard.

(b)

No land use or activity shall be operated so as to generate smoke or dust in excess of limits established by applicable state regulations.

(c)

No use or activity shall be operated so as to produce the emission of objectionable or offensive odors in such concentrations as to be readily perceptible at any point at or beyond the property line of the property on which the use or activity is located.

(d)

Any activity which produces heat or glare shall be operated so as to prevent the detection of the heat or glare at the property line. Exposed sources of light, including bare bulbs, tubes and immediately adjacent reflecting surfaces, shall be shielded so as not to be directly visible across any property line. The light intensity from illumination of any kind shall not exceed 50 footlamberts at any point beyond the property line.

(e)

No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception.

(Code 1994, § 30-959)

(a)

Open burning shall not be permitted within the village, except recreational or cooking fires in approved fire containment devices.

(b)

Recreational bonfires may be permitted, subject to the issuance of a permit by the building official, and further subject to applicable fire regulations.

(Code 1994, § 30-960)