When used in this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. All terminology used in this Section, not defined below, shall be used so as to conform to the applicable publication of the American National Standards Institute (ANSI).

(A)

Alarm System means any mechanical, electrical, or radio-controlled device or system which is designed to emit, transmit or relay a signal or message and which, when activated, is intended to summon, or that would reasonably be expected to summon police, fire or emergency medical services.

(B)

City means the City of Tavares, Florida.

(C)

City Administrator means the City Administrator of the City.

(D)

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

(E)

Demolition means any dismantling, intentional destruction or removal of structures, utilities, right-of- way surfaces, or similar property.

(F)

False Alarm means the activation of an alarm system signal or message which elicits notification to and/or response by the police, fire or emergency medical services when there is no evidence of a crime, fire, medical emergency or other activity that warrants a call for immediate police, firefighting or emergency medical assistance. This may include, but is not limited to, an alarm discovered by a police officer or firefighter before notification or an alarm from a monitor or from a local alarm system that is not monitored.

(G)

Impulsive Sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts.

(H)

Public Nuisance Noise means any sound which:

(1)

Endangers or injures the safety or health of humans or animals;

(2)

Unduly disrupts or disturbs the quiet enjoyment of a reasonable person of normal sensitivities residing in the area; or

(3)

Is sufficient to annoy and disturb the occupants of premises other than those premises from which the noise is emanating to the extent that it renders the ordinary use of the other premises physically uncomfortable.

(I)

Plainly Audible Sound means any sound for which the information content of that sound is communicated to the listener, such as, but not limited to, understandable spoken speech or comprehensible musical rhythms.

(J)

Real Property Boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person. When applied to a structure or structures with various tenants and which are located on premises under a common ownership, "real property boundary" shall refer to the physical boundaries of the spaces occupied by the distinct tenants. For example the walls of the various units in an apartment complex would constitute real property boundaries hereunder.

(K)

Sound means an oscillation in pressure, 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.

(A)

Prohibition of public nuisance noise. No person(s) shall create, continue or cause to be created, within the City limits of Tavares, any public nuisance noise.

(B)

Criteria to determine violation. The following criteria may be used to determine whether a violation of this Section exits:

(1)

The level of the noise;

(2)

Whether the noise is usual or unusual;

(3)

Whether the origin of the noise is natural or unnatural;

(4)

The level of the ambient noise;

(5)

The proximity of the noise to sleeping facilities;

(6)

The nature and zoning of the area from which the noise emanates and the area where it is received;

(7)

The time of day or night the noise occurs;

(8)

The duration of the noise;

(9)

Whether the noise is recurrent, intermittent or constant;

(10)

Whether the noise, measure by decibels, exceed the measured level of ambient noise. Decibel readings shall be taken in a manner consistent with procedures to be established by the City.

(C)

Any new residential dwelling units (D.U.s) in a commercial or industrial zoning district shall demonstrate the performance of acceptable internal residential noise levels.

(1)

A noise study done by an acoustical engineer shall be required prior to approval of any residential construction; This noise study shall consist of existing, surrounding future uses and day/night considerations based on the most current American National Standard Institute (ANSI) Criteria for Evaluating Room Noise (ANSI S12.2, or as amended); if the calculated inside residential unit noise level exceed the recommended ANSI dB levels, then either the D.U.s or the site shall provide appropriate noise abatement;

(2)

The parking facility shall mitigate nuisance noise by providing appropriate parking space sizes, proper circulation, turning movements, landscape buffers and noise barriers in order to accommodate any commercial or industrial traffic.

(Ord. No. 2024-08, § 1, 6-19-24)

Any of the following noises shall be presumed to be public nuisance noises, and shall constitute prima facie violations of this section:

(A)

Sound adjacent to public and medical facilities. The making of noise adjacent to a hospital, school, library, rest home, or long term medical or mental health facility, which noise unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys occupants in said institutions.

(B)

Repeated or continual sound. The emission of any continual or repeated sound, including natural sound, by any animal for a period exceeding five (5) minutes in duration, which is audible across real property boundaries, and which unreasonably interferes with or disturbs the occupants of premises other than those premises from which the noise is emanating.

(C)

Street cleaning equipment. The operation of any street sweeper between the hours of 7:00 p.m. and 5:00 a.m. unless there is a city declared emergency.

(D)

Burglar alarm. The emission of sound from an audible burglar alarm for a structure or motor vehicle for a period exceeding ten (10) minutes.

(Ord. No. 2024-08, § 1, 6-19-24)

The following sounds shall be exempt from the prohibitions of Sections 12-2 and 12-3:

(A)

Temporary construction activity. Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this Section.

(B)

Safety and warning sounds. Sound made by safety signals, warning devices, and sound emanating from any authorized emergency vehicle, including public works vehicles and equipment, when responding to an emergency call or acting in time of emergency.

(C)

Public and civic events. Sound emanating from parades, athletic events, community activities, or other events that are sponsored, permitted or sanctioned by the City, including those at City parks and recreational facilities. Any exemption under this subsection must be approved in advance by resolution of the City Council.

(D)

Landscaping activities. Sound emanating from landscaping activities which are conducted between the hours of 7:00 a.m. and 7:00 p.m.

(E)

Collection activities. Sound emanating from refuse collection activities within the City between the hours of 7:00 a.m. and 7:00 p.m.

(F)

Road construction. Noise resulting from road, highway or bridge construction activities conducted by the City or the Florida Department of Transportation.

(A)

Report of false alarm. City police officers or firefighters responding to a false alarm shall file a report with the Police Department classifying the alarm as a false alarm.

(B)

Issuance of warning. Upon the reception of a false alarm, the responding department shall issue a warning notice to the owner or lessee or management of the premises involved. The owner or lessee or manager shall file a report on a form prepared by the City with the responding department within five working days indicating any and all measures taken to reduce false alarms.

(C)

Fee. There shall be a service fee charged for false alarms according to the following schedule:

(1)

First three responses within six months: Warning

(2)

Each additional response within six months: $50.00

(D)

Waiver of fee. The service fee provided for in subsection (C) shall be waived if, within ten days from the occurrence of a false alarm, the owner or lessee or manager can demonstrate to the satisfaction of the police chief or fire chief one of the following:

(1)

The alarm system in question has actually been examined by an alarm company and that the system has been either repaired or certified to be in good working order.

(2)

The alarm was activated intentionally out of a reasonable fear.

(3)

The alarm was activation by weather or power failure.

(4)

A test of alarm system was conducted with prior notification to the Tavares Communications Center.

(5)

The alarm was activated in the capacity for which it was designed. This includes the detection of fire, theft, burglary, robbery, panic or unauthorized presences.

(E)

Registration of alarms. All business and residential alarms within the City of Tavares are required to be registered with the Police Department within 10 days of installation or within 10 days of receipt of a warning notice issued for a false alarm.

(F)

Correction of audible false alarms. A business or residential property owner or designee is required to correct audible false alarms within one hour of activation. Failure to disconnect audible false alarms within one hour will result in a $50 fine.

Applications for relief from this Section may be made to the City Council. Any ruling granting relief shall contain all conditions upon which the permit has been granted, including but not limited to, effective dates, time of day, and location.

The police department is empowered to enforce this part through citation issuance. The police department shall be authorized, but not required, to give a verbal warning to any alleged violator of this Section prior to the issuance of a formal citation.

(A)

Penalty for infraction. It is a civil infraction to violate any section of the part, excluding section 12-5. The civil penalty for such infraction is as follows:

(1)

First violation, fine of $50.00.

(2)

Second violation within six (6) months, fine of $100.00.

(3)

Third and subsequent violations within six (6) months, fine of $500.00 per violation.

Unless the violation is, by its nature, uncorrectable within a 24-hour period, each occurrence shall constitute a separate violation. Nothing in this ordinance shall prohibit the issuance of multiple citations during a single 24-hour period for the same noise source if the violation is correctable.

(B)

Issuance of citation. Any police officer who has probable cause to believe that a person has committed an act in violation of this part, may issue a citation therefore.

(C)

Options upon receiving citation. Any person issued a citation pursuant to this part may:

(1)

Pay the civil penalty, whether by mail or in person; or

(2)

Contest the citation in county court.

(D)

Electing to contest citation. Any person electing to contest the citation and choosing to appear in County court shall be deemed to have waived the limitations on the civil penalty specified in subsection "A" of this section. The court, after hearing, shall make a determination as to whether an infraction has been committed. If the commission of a violation has been proven, the court may impose a civil penalty not to exceed $500.00.

(E)

Refusal to sign citation. Any person who willfully refuses to sign the citation issued by the police officer is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, 775.083, or 775.084. This violation shall be enforced by an officer of the police department.

(F)

Failure to pay fine. Any person who has not requested a hearing and who has not paid the fine specified in subsection (A) of this section within ten days is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, 775.083, or 775.084. This violation may be enforced by an officer of the police department or by the issuance of a warrant through the court.

(G)

Court appearance. If any person fails to pay the civil penalty or fails to appear in court to contest the citation as required by subsection (C) of this section, the court may issue an order to show cause upon the request of the City. This order shall require such person to appear before the court to explain why action on the citation has not been taken. If any person, who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court.

Violations of this part are deemed and declared to be nuisances and shall be subject to summary abatement by means if a restraining order or injunction issued by a court of competent jurisdiction.

No zoning or special use permit may be issued with respect to any development covered by Chapter F.S. 403 until the appropriate state permits have been received by the developer, or until the applicable agencies have certified that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.

(A)

Reference to discharge of waste contrary to Florida Statutes. No use in any district may discharge any waste contrary to the provisions of Chapter 403 of the Florida Statutes. (The State law governing discharges of radiological, chemical, or biological wastes into surface or subsurface waters.)

(B)

Discharge into sewage treatment facilities. No use in any district may discharge into sewage treatment facilities any waste that cannot be adequately treated by biological means.

No use may:

(A)

Electrical disturbance. Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or

(B)

Electronic signals. Otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(A)

Definition of nuisance. A nuisance is defined as the keeping and/or storage of solid or liquid waste, and/or the emission of fumes or odors created by these wastes or by other means or the spraying or otherwise transporting of mists, and/or droplets on property other than that on which such mist and/or droplets are created that are offensive or hazardous to the health and safety of the public. Solid waste is all putrescible and nonputrescible wastes, whether in solid or liquid form, including garbage, rubbish, ashes, sewage, sludge, street refuse, industrial waste, swill, demolition and construction waste, abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid waste, dead animals and other discarded solid materials. Liquid waste is all liquid wastes not identified in the definition of solid waste and which by its odors, fumes and/or which are otherwise offensive or hazardous to the health and safety of the public.

(B)

Maintaining a nuisance prohibited. No person in control of real property in the city shall maintain or cause to be maintained on the property a nuisance.

A fence constructed under the provisions of these regulations shall be kept in good order, repair and condition. If the City Building Official Determines that the repairs exceed 50% of the value of the fence, the entire fence must be made to conform to the existing height restriction as dictated in Section 8-12 of the Land Development Regulations.

(A)

Criteria for storage. Where any lumber or similar material, goods, boxes, crates, and barrels are kept on any premises within the city, these shall be arranged in an orderly manner elevated on piers or other sturdy and substantial uprights or columns so that there shall be at least eighteen inches (18") clearance between any part of the same and the ground to avoid creating rat harborage.

(B)

Evidence that rat harborage exists. The keeping, maintaining, storing or allowing to exist on any premises, any lumber or other materials, boxes, crates, or barrels in a manner other than stipulated shall be conclusive evidence that rat harborage exists on such premises and is hereby prohibited.

(A)

Accumulation of trash prohibited. The accumulation of tin cans, bottles, jars, or other receptacles in which mosquitoes may breed on any premises within the city is hereby prohibited.

(B)

Evidence of mosquito breeding places. The existence of any cans or other containers or tires on any premises outside of a rainproof structure shall be conclusive evidence of creating mosquito breeding places, and such is prohibited.

(A)

Unlawful to deposit trash. It shall be unlawful for any person to place, throw, or deposit, in or upon the shore of any lake or in or along the banks of any canal or shores of lakes or streams within the city any trash, paper, tin cans, bottles, filth, waste or any other filth or refuse.

(B)

Fine. Any person violating this section shall upon conviction be fined not more than ten dollars ($10.00) or by imprisonment for not more than ten (10) days, or by both such fine and imprisonment.

(A)

Unlawful to accumulate grass, undergrowth, rubbish, etc. It shall be unlawful for the owner, occupant, lessee or person in control of any land which is within the city, and which area is unoccupied or occupied, to permit, maintain or allow to remain thereon, any accumulation of grass, undergrowth, rubbish, debris, bush or brush and unsightly matters, including, but not limited to, any accumulation of debris, decayed vegetable matter, filth, dangerous trees, rubbish or trash or growth of weeds or noxious plants, any accumulation of above that may harbor rats, insects or snakes, any unsanitary accumulation of the above which does or is likely to affect the health of the community.

(B)

Height Restriction

(1)

Improved or Developed Property. Any accumulation of grass, weeds, brush, vines or other undergrowth which on average exceeds twelve inches (12") in height on developed or improved property shall be prohibited.

(2)

Unimproved Property.

(a)

Zoning Districts RSF-A, RSF-1, RMF-2, RMF-3, RMH-S, RMH-P, MU, C-1 & C-2 on property that has never been developed, the limitation on the height of grass, weeds, brush, vines or other undergrowth shall be twelve inches (12").

(b)

Zoning Districts (I & PFD). Property that has never been developed and for land being used for a bona fide agricultural purpose, the limitation on the height of grass, weeds, brush, vines and other undergrowth shall be eighteen inches (18") and shall only apply to the first thirty five feet (35') of such lands abutting a public street or adjacent improved property.

All streets, pavements and sidewalks within the city shall be kept free from weeds and rubbish, and in good repair by the several landowners and occupants of premises abutting thereon. Any such street, pavement or sidewalk which shall become in any manner dangerous or detrimental to health, or of reasonable inconvenience to citizens or become obstructed by trash or weeds shall be abated pursuant to section 12-20 et seq.

Should the owner or occupant of any area upon which there has accumulated any of the items described in section 12-18 refuse or neglect to remove there from, any of the accumulations, the city administrator shall direct a letter to the owner of occupant of such lot requesting the lot be cleared and further advising the owner or occupant that the city will have the lot mowed and cleared unless the owner does so within ten (10) days after mailing of such notice. The notice shall be certified mail, return receipt requested, to the addressee's last known address as the same appears on the records of the city or county property appraiser. If the notice is returned unclaimed or marked "Address or Addressee Unknown," then the notice may be served by posting a true copy thereof on the property involved, for ten (10) consecutive days.

Should it be necessary for the City to clear any land or abate any condition in violation of section 12-18, the following charges shall be made against the owner or occupant of any lot so cleared as:

(A)

The use of all equipment prevailing in the area;

(B)

The portion of all salaries of all employees utilized on the job, including all overtime necessary;

(C)

Twenty-five percent (25%) over and above the hourly rate of employees used to pay for municipal supplemental and fringe benefits;

(D)

Ten percent (10%) over and above costs as a reasonable rate of return to the city and administration.

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

(A)

Abandoned property means any and all personal property which comes into the possession or custody of the city and which remains unclaimed by the lawful owner for a period of sixty (60) days.

(B)

Junk means scrap metal, or any dismantled, partially dismantled, nonoperative, or discarded machinery, appliance, equipment, outside recreational equipment or toys, vehicle, or boat, or part thereof. Any item of tangible personal property, designed to be used in an environment which is protected from the elements, such as the interior of a building, shall be presumed to be junk if the item is stored outside. Further, any vehicle in inoperable condition shall be presumed to be junk. For the purposes of this chapter, inoperable condition shall mean a condition of disrepair which renders the vehicle inoperable in a normal manner, or in the manner for which the vehicle was designed, for a period of time exceeding seven days.

(C)

Residential section means any property zoned under the zoning laws of the city as RSF-E, RSF-A, RSF-1, RMF-2, RMF-3, RMH-S, RMH-P, MU, PD or any other zoned area where such property with such zoned area is used for residential purposes.

Except as otherwise provided in this chapter, no person shall accumulate junk, cause junk to be accumulated, or allow junk to be accumulated upon any property located within the city regardless of the property's zoning classification or use. The accumulation of junk upon property located within the city, regardless of the property's zoning classification or use, endangers the public's health, safety, and welfare, adversely affects and impairs the value of adjacent property, is a nuisance, and is prohibited.

(A)

Exemptions. This article shall not apply with regard to machinery, appliances, vehicles, boats, or parts thereof, scrap metal, and junk in a completely enclosed building or on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise, or in an appropriate storage place or depository maintained in a lawful place and manner by the city.

(B)

No prohibition on the storage of tangible personal property. Nothing contained in this chapter shall prohibit the storage of tangible personal property which would otherwise be considered junk on those commercial premises which sell or repair similar items of tangible personal property in the regular course of business. However, any item of tangible personal property which is being stored as a source of parts, as opposed to an item of tangible personal property which is to be repaired and sold or repaired and reused, shall be cannibalized within 30 days of being received upon the premises in question, and any part thereof which is not to be saved as a useable spare part shall be disposed of within the same 30-day time period. Any item of tangible personal property stored pursuant to this division shall be stored within an enclosed structure located on the property in question or shall be located on a portion of the property so that it is screened from the view of any person located on adjacent property.

(A)

Authority to dispose of abandoned property. Upon approval of the City Council, the City Administrator shall have the authority to dispose of abandoned property.

(B)

Declaration of abandoned property. At such times as may be convenient, the City Administrator shall declare property to be abandoned, and he shall cause to be published in a newspaper of general circulation in the city a notice of sale which shall briefly describe such abandoned property and shall specify a date for public sale of same, which date shall be at least ten (10) days after the publication of the notice of sale.

(C)

Sale of abandoned property. The city administrator shall conduct the sale of abandoned property and may accept or reject any bids or purchase offers at this discretion. All funds received by the city from such sale shall be placed into the city's general fund.

(1)

Any abandoned property which is not purchased during a sale may either be included in a subsequent sale or disposed of in any manner deemed appropriate by the city.

(2)

All abandoned property sold pursuant to this section shall be subject to any liens or encumbrances or claims by any party. The city shall accept no liability for such after the sale.

(D)

Retain abandoned property. In lieu of the above-described sale, the city administrator may, in his discretion, retain for the use and benefit of the city any abandoned property. In the event such property ceases to be of use and benefit of the city, the city administrator shall cause such item to be included in the next scheduled abandoned property sale, or to be otherwise disposed of as set forth herein.

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

(A)

Automobile graveyard means an establishment or place of business which is maintained or operated for the uses of storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(B)

Fence means an enclosure at least six (6) feet in height constructed or planted and maintained so as to obscure the junk in such enclosure from the ordinary view of persons passing upon the streets and highways of the city.

(C)

Junk means old or scrap copper, brass, ropes, rags, batteries, paper, lumber, trash, rubber, debris, oddments, wastements, litter, leavings, ruins, castoffs, rummage, waste, or junked, dismantled or wrecked automobiles or mobile homes, and other motor vehicles,

(D)

Mobile homes or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(E)

Junkyard means an establishment or place of business which is operated or maintained for the use of storing keeping buying, or selling junk, or for the maintenance or operation of an automobile graveyard.

No junkyard shall be operated or maintained within the city except in areas zoned permitting junkyards; provided however, that any person who is operating an established junkyard on March 17, 1971, may be permitted to operate and maintain such junkyard if the view thereof from any streets or highways within the city is obscured and hidden by fences or plantings on his property line or such junkyard is hidden from view by natural objects.

It is unlawful for any person to throw or deposit any decayed matter, paper, shavings, or any other matter of a waste nature on any street, sidewalk or public right-of-way in the City.

It is unlawful for any person to place, or cause to be placed or allow to remain in front of his premises, any merchandise, goods or showcases, barrels, signs, advertisements or articles of any description on any sidewalk or street within the City, except by permission of the City Administrator.

No person shall place, or deposit, or cause to be placed or deposited any building materials on any street, sidewalk or public right-of-ways. Construction material may be located on public right-of-way at the discretion and prior approval of the Planning Manager. Any construction material located in public right-of-way may be required to contain reflective flagging, flashing lights or other protective measures.

(A)

No huckster, peddler, storekeeper, merchant or other person shall, without first obtaining a permit from the City Administrator, use or occupy any portion of any park, street, sidewalk or public right-of- way within the City for the purpose of selling or offering for sale any goods, wares, or merchandise.

(B)

The police department is empowered to enforce this section through citation issuance. The police department shall be authorized, but not required to give a verbal warning to any alleged violator of this section prior to the issuance of a formal citation.

(C)

Penalty for infraction. It is a civil infraction to violate any part of this section. The civil penalty for such infraction is as follows:

(1)

First violation, fine of $50.00.

(2)

Second violation within six (6) months, fine of $100.00.

(3)

Third and subsequent violations within six (6) months, fine of $500.00 per violation.

The occupant of any lot or parcel of land within the City upon which there shall be a gate opening outward upon any sidewalk or street, or the owner in case such premises shall be unoccupied, shall keep such gate securely closed. The owner or occupant shall not permit any such gate to stand open upon the sidewalk.

Any and all awnings protruding over or across any sidewalk within the City shall be at least eight feet (8') clear of such sidewalk; and no awning shall be erected or constructed which shall necessitate the use of posts on the street or sidewalk, but shall be what are known as drop awnings, or they shall be suspended awnings which shall be anchored to the buildings from which they extend. Awnings which are supported by posts or uprights in the streets or sidewalks shall be condemned by the City Council and the owners thereof shall be notified in writing of such condemnation and shall be given thirty (30) days in which to remove same. If such awning or awnings shall not be removed after the lapse of forty (40) days from the service of a written notice on the owner or owners, or his or their agents the City Council shall have same removed and the owner or owners of such awnings shall be fined not to exceed five hundred dollars ($500.00) or be imprisoned for a period not to exceed sixty (60) days.

It shall be unlawful for any person to use any bicycle, moped, go-cart, motorized bicycle, motorcycle, roller skates, skateboards, or golf carts on the sidewalks within the City. This section will not pertain to a handicapped person's wheelchair.