It is the purpose of this article to provide appropriate standards relating to the operation of certain activities throughout St. Augustine Beach. Such operations may create or maintain such excessive noise, vibration, air pollution, odor, or electromagnetic interference as to be a detriment to the public health, comfort, convenience, safety, and welfare. These standards are therefore provided to protect the public interest, and promote the public health and welfare.

(Ord. No. 91-7, § 2)

These standards shall apply to all lands within the City of St. Augustine Beach.

(Ord. No. 91-7, § 2)

The following references are cited in this article:

40CFR Code of Federal Regulations, Title 40, "Protection of Environment"

FAC17-2 Chapter 17-2, Florida Administrative Code, "Air Pollution"

APAM "Air Pollution Abatement Manual" of the Manufacturing Chemist Association

PHR47 U.S. Public Health Report 47, No. 12, "Measurement of Density Mineral Dust"

ICR12 Industrial Cost Rule No. 12 adopted by the Board of Standards and Appeals of the New York State Department of Labor

CFR10 Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation"

ANSI American National Standards Institute Applicable Standards

(Ord. No. 91-7, § 2)

Editor's note— Former §§ 9.01.01 and 9.01.02, previously codified herein and containing portions of Ord. No. 91-7, were repealed in their entirety by Ord. No. 95-12. This repeal became effective March 1, 1996.

Editor's note— Former §§ 9.02.01—9.02.08, previously codified herein and containing portions of Ord. No. 91-7, were repealed in their entirety by Ord. No. 95-12. The repeal of §§ 9.02.02 and 9.02.03A became effective March 1, 1996. All other repeal of §§ 9.02.01 and 9.02.03B through 9.02.08 became effective upon passage of Ord. No. 95-12.

It is found and declared that:

A.

Excessive sound within the limits of the city is a condition which has existed for some time and the amount and intensity of such sound must be controlled.

B.

Such excessive sound is a detriment to the public health, safety, welfare and quality of life of the residents of the city in the following regards:

1.

The Environmental Protection Agency has published numerous materials relating to the health effects of exposure to noise and its effects on individuals, including "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety," (E.P.A. 1974).

2.

That it has been determined that noise-induced sleep interference can produce adverse effects such as mood changes, decrements in task performance, and changes in cardiovascular responses.

3.

Noise has been implicated in the development or exacerbation of health problems, including hypertension, significant increases in both systolic and diastolic blood pressure, psychoses, and effects on blood chemistry, including magnesium imbalance and increased levels of catecholamines epinephrine and norepinephrine.

4.

That it has been reported that a nighttime average sound level of thirty-five (35) dB is necessary to protect against sleep interference. Additionally, it has been reported that individuals have reported physiological responses at an average sound level of thirty-seven (37) dB.

5.

That there may be expected a sound attenuation within a building of approximately fifteen (15) dB requiring that an outdoor nighttime average of fifty (50) dB is necessary to provide an interior level of thirty-five (35) dB.

C.

The maximum permissible sound levels, the specific prohibitions against noise disturbances and plainly audible sound, and other prohibitions as contained in this Code are the least restrictive regulations which will adequately protect persons from excessive and unreasonable sound.

D.

These regulations for the control of sound are necessary and essential for the purpose of securing and promoting the public health, safety, welfare, and quality of life of the residents of the city.

(Ord. No. 95-12, § 3; Ord. No. 96-05, § 2)

A.

It shall be unlawful for any person to create, operate, or cause to be operated on private property 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 land use category of the property receiving the sound when measured at or within the boundary of the property receiving the sound.

TABLE 1
MAXIMUM SOUND LEVELS FOR
RECEIVING LAND USES

B.

The sound level set forth in Table 1 may not be exceeded in any one (1) single incident if the single incident represents a part of the normal operation of the facility.

C.

The provisions of this section shall not apply to:

1.

Activities covered by subsections A.2. through 6., inclusive, of section 9.02.12 relating to animals, construction, domestic power tools, emergency devices, and explosives and firearms.

2.

The unamplified human voice.

3.

Sound resulting from safety signals, warning devices, and bells and chimes of churches.

4.

Any sound resulting from activities of a temporary duration for which a permit has been granted by the NCO to the extent allowed under the permit.

5.

Any sound coming from the operation of aircraft (not including model aircraft).

6.

Any sound, the regulation of which is preempted by the federal government, but only to the extent of such federal preemption.

7.

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

8.

Sounds resulting from emergency work as defined in section 2.00.00.

9.

Sounds from the operation of motor vehicles, to the extent they are regulated by Florida statutory law.

(Ord. No. 95-12, § 3; Ord. No. 96-05, §§ 3, 4)

A.

It shall be unlawful for any person to: (a) make, continue, or cause to be made or continued any noise disturbance, or any sound which is plainly audible as defined in section 2.00.00, in violation of any of the specific prohibitions contained in this section; or (b) otherwise violate any of the specific prohibitions contained in this section.

1.

Amplified sound produced by electronic audio equipment, musical instruments, and similar devices. No person shall operate, play, or permit the operation or playing of any radio, stereo, tape player, television, or other sound amplifier in such a manner as to: (a) be plainly audible at a distance of two hundred (200) feet or more from the real property boundary of the source of the sound; or (b) create across a real property boundary a noise disturbance in a residence, office, store, or other building; or (c) if the source of the sound is in a building containing more than one (1) residential unit, create a noise disturbance in another residential unit through a floor, ceiling, or wall separating residential units; or (d) violate the maximum sound levels contained in section 9.02.11.

2.

Animals. No person shall own, possess or harbor an animal or bird that howls, barks, meows, squawks, or makes other sounds that create across a real property boundary a noise disturbance in a residence during the nighttime.

3.

Construction. No person shall operate or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between the hours of 7:00 p.m. to 7:00 a.m. the following day on weekdays, or between 6:00 p.m. to 10:00 a.m. the following day on weekends or holidays, such that the sound therefrom creates a noise disturbance in a residence across a real property boundary, except for emergency work by public service utilities or for other work approved by the NCO. This section shall not apply to the use of domestic power tools that are regulated in section 9.02.12A.4.

4.

Domestic power tools. No person shall operate or permit the operation of any mechanically powered saw, drill, grinder, lawn or garden tool, lawnmower, or similar tool between 10:00 p.m. and 7:00 a.m. the following day on weekdays, or 10:00 p.m. and 8:00 a.m. the following day on weekends and holidays so as to create a noise disturbance in a residence across a real property boundary.

5.

Emergency devices.

a.

No person shall intentionally sound or permit the sounding outdoors of 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 7:00 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 sixty (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 during the nighttime, and shall be exempt from the time limit specified in paragraph A.5.a.(2), above.

b.

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

6.

Explosives and firearms. No person shall use or fire explosives, firearms, or similar devices which create an impulsive sound so as to cause a noise disturbance in a residence across a real property boundary or on a public space or right-of-way, without first obtaining a permit from the NCO.

7.

Loudspeakers.

a.

No person shall operate, or permit the operation of, any loudspeaker, public address system or similar device, for any commercial purpose:

(1)

Which produces, reproduces or amplifies sound in such a manner as to create a noise disturbance or be plainly audible across a real property boundary; or

(2)

During the nighttime on a public right-of-way or public space.

b.

No person shall operate, or permit the operation of, any loudspeaker, public address system or similar device, for any noncommercial purpose, during the nighttime in such a manner as to create a noise disturbance in a residence or be plainly audible across a real property boundary.

B.

Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.

(Ord. No. 95-12, § 3)

A.

All terminology in this article relating to sound which is not defined in section 2.00.00 of this Code shall be defined in conformance with applicable publications and standards of the American National Standards Institute (ANSI).

B.

Standards, instrumentation, personnel, measurement procedures, and reporting procedures to be used in the measurement of sound shall be consistent with accepted and sound principles of sound measurement in accord with the standards of the American National Standards Institute.

(Ord. No. 95-12, § 3)

A.

Measurement with sound level meter.

1.

The measurement of sound shall be made with a sound level meter meeting the standards prescribed by ANSI S1.4-1971 (R1976). The instrument shall be maintained in calibration and good working order. The sound measuring instrument shall be returned to the manufacturer or their authorized service center for calibration within a period of five (5) years. The sound level calibrator shall be returned to the manufacturer or their authorized service center for calibration annually.

2.

An external calibration check shall be made before and after each period of use and at intervals not exceeding two (2) hours when the instrument is used longer than a two (2) hour period. The sound level calibrator shall calibrate the entire sound level meter with an acoustic calibrator of the coupler type.

3.

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.

4.

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

5.

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 (3) feet away from any ground, wall, floor, ceiling, roof, and other plane surface.

6.

In case of multiple occupancy of a property, the measurement may be made at any point inside the premises to which any complainant has the right of legal private occupancy; provided that the measurement shall not be made within three (3) feet of any ground, wall, floor, ceiling, roof, or other plane surface.

7.

All measurements of sound will be made by qualified officials of the city who are designated by the NCO to operate the apparatus used to make the measurements.

B.

Measurement without sound level meter. Any police officer or other official designated by the NCO who hears a sound that is plainly audible in violation of section 9.02.12, shall measure the sound as follows:

1.

The detection of sound shall be by use of the official's normal hearing faculties, so long as the official has ordinary hearing ability and his hearing is not enhanced by any mechanical device, such as a hearing aid.

2.

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

3.

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

(Ord. No. 95-12, § 3)

A.

Application for a permit for relief from the maximum sound level limits may be made in writing to the NCO. Any permit granted by the NCO hereunder must be in writing and shall contain all conditions, including the time periods and beginning and ending dates, upon which the permit is granted. In determining whether to grant or deny the permit, the NCO shall balance the hardship to the applicant, the community, and other persons of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the permit. The NCO may grant the applied for permit only as follows:

B.

The NCO may prescribe any reasonable conditions or requirements he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood including use of mufflers, screens or other sound attenuating devices.

C.

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.

3.

The permit will be given for only eight (8) hours in one (1) twenty-four-hour day.

4.

The authorization to exceed maximum sound level limits shall be limited to [between] the hours of 9:00 a.m. and 10:00 p.m. the same day.

D.

Permits for nonentertainment special purposes may be issued by the NCO under the following conditions:

1.

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

2.

If the special purpose does not relate to the operation of a trade or business, the special purpose must not be an ordinary event in the affairs of the applicant and must be compatible with the ordinary activities within the neighborhood in which the special purpose is proposed to occur.

3.

If the special purpose is a recurring one, it must not recur more than four (4) times each calendar year; and

4.

Except in emergency situations, as determined by the NCO, the special permit may be issued for eight (8) hours (between 7:00 a.m. and 10:00 p.m. the same day) only; and

5.

Permit may be issued for no longer than fifteen (15) consecutive days, renewable by further application to the NCO.

E.

No permit may be issued to permit the use of any loudspeaker or sound amplifier on the exterior of any building which at any time exceeds the sound level limits in Table 1 except those used for emergency warnings.

F.

The city commission shall review any decision of the NCO granting or denying a permit upon its own motion or application by any interested person. Appeal of a decision of the city commission shall be made to a court of competent jurisdiction. Review by the court shall be de novo.

G.

Permits issued for sound shall not abrogate the effect of other regulations or laws.

(Ord. No. 95-12, § 3; Ord. No. 00-23, §§ 2, 3, 9-11-00)

A.

The procedure for violations of maximum sound levels on residential and commercial property, and violations of the plainly audible standard on residential and nonposted commercial property shall be as follows:

1.

When a NCO determines that sound is being made, produced, or reproduced on residential property or posted or nonposted commercial property, and such sound is in excess of the maximum sound level limits of section 9.02.11, the NCO shall issue an official warning to the person or persons responsible for the sound. The warning shall advise the person of the violation, and of the possible penalty if the person fails to eliminate the sound or reduce the sound so that it is within permitted limits.

2.

When a NCO determines that sound is being made, produced, or reproduced on residential property or nonposted commercial property, and such sound is plainly audible in violation of section 9.02.12, the NCO shall issue an official warning to the person or persons 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 not plainly audible.

3.

The person or persons receiving a warning pursuant to paragraphs A.1. or 2. above shall have a reasonable time, as defined in section 2.00.00, to comply with the warning.

4.

It is sufficient warning if the person or persons responsible for any succeeding sounds are warned under paragraphs A.1. or 2, above of one (1) offending sound of the same type during a fifteen-day period.

5.

If the sound is not eliminated or reduced to allowable limits within a reasonable time after the warning, or if the offending sound is abated and then reoccurs, the person so warned and not complying shall be issued a notice to appear for violation of the applicable section of this article and upon conviction shall be subject to the penalties designated in section 12.10.03.

B.

The procedure for violations of the plainly audible standard on posted commercial property is as follows:

1.

When a NCO determines a person or persons are making, causing or allowing the making of sound that is in violation of the plainly audible standard on commercial property posted as described below, the official shall issue a notice to appear for violation of section 9.01.12 to such person or persons who, upon conviction, shall be subject to the penalties in section 12.10.03.

2.

Commercial property shall be considered posted for the purposes of this section if at least one (1) warning sign is posted in a conspicuous place on the property, clearly visible and readable to all persons entering the property, warning persons that sound that is plainly audible is prohibited. Signs shall read as follows:

WARNING
Playing a stereo, radio, sound amplifier,
or musical instrument
that can be heard 200 feet
away is prohibited.
City Code Sec. 9.02.12

Letters in the word "WARNING" must be at least two (2) inches high and in bold type. Letters for the remaining text must be at least one (1) inch high in normal type, and the words "City Code Sec. 9.02.12" must be at least one-half (½) inch high in normal type. All letters must be light-reflective on a contrasting background. The sign structure contained the required warning must be permanently installed with the word "WARNING" not less than three (3) feet and not more than six (6) feet above floor level.

3.

Any owner or tenant of commercial property who posts the property as described above shall not be held responsible for sound made by invitees or licensees on the property who are cited for violation of the plainly audible standard while on the property.

C.

The procedure for a noise disturbance is as follows:

1.

A complaint regarding a noise disturbance that is not measured by the sound level meter or does not exceed the decibel limits and is not plainly audible as defined in section 2.00.00 must be made by a person who is an owner or tenant of any building subjected to the noise disturbance.

2.

When a complaint is made, the NCO shall investigate the complaint. If the NCO finds probable cause to believe a person is in violation of this article, the NCO shall issue a warning.

3.

If the person responsible for causing or allowing the creation of a noise disturbance does not abate it within a reasonable time as defined in section 2.00.00, or if the noise disturbance is abated and then reoccurs, the complainant may file a sworn complaint with the state attorney.

4.

Any person found guilty of creating a noise disturbance in violation of section 9.02.12 based on a sworn complaint shall be punished as provided in section 12.10.03.

D.

Joint and several responsibility. Except as stated in section 9.02.16B.3., 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 the offending sound is emitted at the time the offending sound is emitted, shall be responsible for compliance with sections 9.02.10 through 9.02.16. It shall not be a lawful defense to assert that some other person caused the sound. The lawful possessor or operator of the premises shall be responsible for operating or maintaining the premises in compliance with said sections of this Code and shall be punished whether or not the person actually causing the sound is also punished.

(Ord. No. 95-12, § 3; Ord. No. 96-05, § 5)

A.

Standards. To protect and enhance the air quality of the city, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulations (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air pollution without a valid operation permit issued by the Department of Environmental Regulation.

B.

Testing. Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by the Florida Department of Environmental Regulation and submitted to the state. These tests shall be carried out under the supervision of the state and at the expense of the person responsible for the source of pollution.

C.

Air pollution creating land uses. No land use changes, variances, or conditional use permits may be issued with respect to any development or project until all applicable permits have been received to certify the development or project in compliance with applicable air pollution laws.

(Ord. No. 91-7, § 2)

A.

No use in any district may generate any odor that reaches the odor standard threshold at the lot line or outside boundary of the enterprise or source of the odor.

(Ord. No. 91-7, § 2)

A.

Determination of visual density. The Ringlemann Chart, published by the U.S. Department of Interior, Bureau of Mines Information Circular 8333, May 1967, is the standard measure for determining the equivalent opacity of smoke. All measurements shall be taken at the point of emission of the smoke.

B.

Standard. Any land use will be in violation of this Appendix A emitting from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent capacity of Ringlemann No. 2, except that such emission does not exceed a density or equivalent capacity of Ringlemann No. 3 for a duration of not more than four (4) minutes during any eight (8) hour period.

C.

Responsible party. No land use other than residential may emit any smoke that is visible to the normal vision individual from a vent, stack, chimney or combustion process. In such event, the generator will be liable for the cost of measurement as stipulated in paragraphs A. and B.

(Ord. No. 91-7, § 2)

In all districts, no use, activity, or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety, and welfare including but not limited to interference with normal radio, telephone, or television reception from off the premises where the activity is conducted.

(Ord. No. 91-7, § 2)

No power lines in excess of twenty-five (25) KV will be constructed on or above residential land uses in the city. Conversely, residential land uses will not be allowed below three hundred (300) KV power lines within the city.

(Ord. No. 91-7, § 2)