This division shall be known and may be cited as the "Noise Control Ordinance of the Town of Windermere, Florida."

(Ord. No. 2014-10, § 1, 9-9-2014)

This division is enacted pursuant to Article II, Section 7 of the Florida Constitution, which provides that adequate provision shall be made by law for the abatement of excessive and unnecessary noise, and under the home rule power of the town.

(Ord. No. 2014-10, § 1, 9-9-2014)

This division shall be effective throughout the incorporated area of the town.

(Ord. No. 2014-10, § 1, 9-9-2014)

(a)

The purpose of this division is to prevent, prohibit, and also provide for the abatement of, excessive and unnecessary noise, known as noise disturbance, in order to protect the health, safety, and general welfare of people of the town.

(b)

It is the intent of this division to clearly define and describe the authority and responsibility under this division for the investigating officer relating to noise disturbance investigation and enforcement, unless the noise disturbance is otherwise exempt under this article.

(c)

The investigating officer shall have the authority pursuant to this division to investigate and, if applicable, to (i) issue a notice of violation as provided in this division in any case involving a noise disturbance emanating from residential property under construction or a nonresidential property that exceeds the allowable limits set forth in section 9.00.07 of this article, and (ii) issue a criminal citation for a violation of the plainly audible standard, as established in section 9.00.08(b), and noise disturbance complaints which may involve the consumption of alcohol or any suspected illegal activities and noise disturbance complaints involving "breach of the peace" as defined in F.S. § 877.03.

(Ord. No. 2014-10, § 1, 9-9-2014)

(a)

Terminology and standards. All technical acoustical terminology and standards used in this division that are not defined in subsection (b) shall be read or construed in conformance with the American National Standards Institute, Inc., ("ANSI") publication entitled "Acoustical Terminology," designated as ANSI standard 1.1-1994.

(b)

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

(1)

A-weighted sound pressure level shall mean the sound pressure level, in decibels, as measured on a sound level meter using the A-weighting network. The level so read shall be designated as dB (A-wt).

(2)

ANSI shall mean the American National Standards Institute, Inc.

(3)

Background noise level shall mean the sound pressure level of the all-encompassing noise emanating from a given environment, usually being a composite of sounds from many sources.

(4)

Breach of the peace shall mean as defined in F.S. § 877.03.

(5)

Construction shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or on public or private thoroughfares, structures, utilities or similar property.

(6)

Decibel or dB shall mean a unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter.

(7)

Development permit shall have the meaning as described in F.S. § 163.3164.

(8)

Demolition shall mean any dismantling, destructing or razing of structures, utilities, public or private thoroughfares, or similar property.

(9)

Emergency shall mean any occurrence or circumstance involving actual or imminent physical death or trauma, environmental harm, or property damage, demanding immediate emergency work or service.

(10)

Emergency work or emergency service shall mean any labor performed for the purpose of preventing or alleviating, or attempting to prevent or alleviate, an emergency, or work by private or public utilities when restoring utility service.

(11)

Equivalent sound pressure level (Leq) shall mean a sound level descriptor based on the average acoustic intensity over time. Leq is intended as a single number indicator to describe the mean energy or intensity level over a specified period of time during which the sound level fluctuated, Leq is measured in dB and must be A-weighted.

(12)

Impulsive sound shall mean a sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions or pile driver impacts.

(13)

Intermittent sound shall mean a sound of greater than one second duration and less than 15 minutes. Example of sources of intermittent sound are air compressors, heating and air conditioning units and PA speakers.

(14)

Investigating officer shall mean the Windermere Police Chief or his designee.

(15)

Motor vehicle shall mean any vehicle defined as "motor vehicle" by F.S. § 320.01(1).

(16)

Noise or noise disturbance, for purposes of this article, shall mean any sound produced in such quantity and for such duration that it annoys, disturbs or injures a reasonable individual of normal sensitivities.

(17)

Noise-sensitive zone shall mean a quiet zone where serenity and quiet are of extraordinary significance, which is open or in session. Noise-sensitive zones may include schools, public libraries, churches, and other areas defined as such pursuant to a resolution adopted by the town council.

(18)

Person shall mean an individual, association, partnership, or corporation, including any officer, employee, department, agency or instrumentality of the United States, the state or any political subdivision thereof.

(19)

Plainly audible shall mean any noise or noise disturbance 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, at a distance as defined in subsection 9.00.08(b)(1) from the property line or right-of-way line of the source of the noise disturbance. When the particular sound or noise involves words or phrases, sound or noise may be deemed as "clearly heard" even though the investigating officer cannot determine the specific words or phrases being uttered or produced. The detection of a rhythmic bass reverberating type of noise disturbance is sufficient to constitute a plainly audible sound or noise.

(20)

Property line shall mean 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 a person from the real property owned, rented or leased by another person. Where the real property owned, rented or leased by a person abuts a waterbody, the term "property line" shall mean the established normal high water elevation of the waterbody.

(21)

Public right-of-way shall mean any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by the state, county, or municipality.

(22)

Residential area shall mean an area of the Town of Windermere that predominantly includes residential properties.

(23)

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

(24)

Sound level shall mean the weighted sound pressure level obtained by the use of a metering characteristic and weighting A as specified in American National Standards Institute specifications for sound level meters (ANSI standard 1.4-1983). If the weighting employed is not indicated, the A-weighting shall apply.

(25)

Sound level meter shall mean an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting network used to measure sound pressure levels. The output meter reads sound pressure level when properly calibrated. The sound level meter shall be of Type 2 or better, as specified in the American National Standards Institute publication entitled "Specifications for Integrating-Averaging Sound Level Meters" designated as ANSI standard S1.43-1997 and any subsequent revision thereof.

(26)

Sound pressure shall mean the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy.

(27)

Sound pressure level shall mean a 20 times the logarithm to the base ten of the ratio of the root mean square sound pressure to the reference pressure of twenty (20) micro-newtons per meter squared. The sound pressure level is denoted Lp (or SPL) and is expressed in decibels.

(Ord. No. 2014-10, § 1, 9-9-2014)

(a)

Excessive and unnecessary noise interferes with the quality of life and can interfere with the health, safety and general welfare of the public.

(b)

In particular, excessive and unnecessary noise can cause adverse psychological and physiological effects on humans.

(c)

A substantial body of science and technology exists by which noise may be measured and substantially abated.

(d)

The provisions and prohibitions contained in this division are enacted in pursuance of and for the purpose of securing and promoting the public health, safety, welfare and quality of life in the town for its inhabitants.

(Ord. No. 2014-10, § 1, 9-9-2014)

Table 1
Maximum Allowable Sound Level Limits
(measured with sound level meter)

(Ord. No. 2014-10, § 1, 9-9-2014)

(a)

Measurement with a sound level meter:

(1)

Sound shall be measured with an integrating-averaging sound level meter satisfying at least the applicable requirements for a Type 2 meter or better, as specified in the American National Standard Institute publication entitled, "Specifications for Integrating-Averaging Sound Level Meters" designated as ANSI standard S1.43-1997.

(2)

Calibration of all instruments, components, and attachments shall conform to the latest ANSI standards.

(3)

Measurements of sound under this subsection shall be made by individuals trained in a noise measurement program approved by the town.

(4)

Sound shall be measured outdoors, no closer than the nearest noise sensitive zone or residential area property line.

(5)

All sounds shall be measured for a period not less than 15 minutes in duration, except as provided in subsections (a)(6) and (a)(7).

(6)

Intermittent sounds shall be measured within a 60-minute period. A minimum five minute Leq of the sound shall be required to evaluate if a violation exists.

(7)

Impulsive sounds shall be measured for only the duration of the sound.

(8)

Except when site conditions are prohibitive, measurements shall be taken at approximately five feet above ground or water surface and at least five feet away from any obstruction or reflecting surface.

(9)

At sites with background noise levels which are at, or in excess of, the applicable allowable levels of table 1, the maximum allowable noise level will be three dB above the allowable levels of table 1, or one dB above background, whichever is greater.

(b)

Assessment of noise without sound level meter:

(1)

No person shall create a sound that is plainly audible at the time and distance requirements set forth in the following table 2:

Table 2

(2)

Noise disturbances in violation of subsection 9.00.08(b)(1) shall be confirmed by the investigating officer. The investigating officer who hears a noise disturbance that may be plainly audible shall assess the noise disturbance by measuring the distance from the property line or right-of-way line of the source of the noise disturbance according to the following standards:

a.

The primary means of detection shall be the investigating officer's normal hearing faculties, provided the investigating officer's hearing is not enhanced by any mechanical or medical device, such as a hearing aid.

b.

The investigating officer shall have a direct line of sight and hearing to the real property that is the source of the noise disturbance so that the investigating officer can identify the offending source of such noise disturbance and the distance involved.

(Ord. No. 2014-10, § 1, 9-9-2014)

Subject to the provisions of sections 9.00.10 and 9.00.11, no person shall produce, cause to be produced, or allow to be produced, by any means, any noise disturbance on any private or public property, including a right-of-way, when such noise is plainly audible or when such noise is measured pursuant to section 9.00.08 and, where applicable, exceeds the applicable sound level limits set forth in section 9.00.07.

(Ord. No. 2014-10, § 1, 9-9-2014)

The provisions of section 9.00.09 shall not apply to the following sounds:

(1)

Lawn maintenance activities, from 7:00 a.m. until 10:00 p.m.;

(2)

Railway locomotives or cars activity conducted in accordance with federal laws and regulations;

(3)

Church or clock carillons, bells or chimes from 7:00 a.m. until 10:00 p.m.;

(4)

Aircraft and airport activity conducted in accordance with federal laws and regulations;

(5)

Law enforcement activities, including training;

(6)

Emergency signals during emergencies;

(7)

Emergency signal testing between 7:00 a.m. and 7:00 p.m.;

(8)

Emergency work or emergency service;

(9)

Generators used during or as a result of an emergency;

(10)

Motor vehicles operating on a public right-of-way subject to section F.S. § 316.293 of the Florida Statutes, and applicable federal criteria;

(11)

Refuse collection vehicles, including street sweepers, while in the process of performing their intended activities;

(12)

Construction or demolition activities, other than the placement of concrete as described in subsection (13) below, for which the town has issued a development permit, shall only occur as provided in the schedule below unless specified otherwise in a development agreement approved by the town council:

Monday: 7:00 a.m. to 8:00 p.m.

Tuesday: 7:00 a.m. to 8:00 p.m.

Wednesday: 7:00 a.m. to 8:00 p.m.

Thursday: 7:00 a.m. to 8:00 p.m.

Friday: 7:00 a.m. to 8:00 p.m.

Saturday: 9:00 a.m. to 6:00 p.m.

Construction and demolition prohibited on Sundays, and town observed holidays.

(13)

Placement of concrete associated with nonresidential development activities, for which the town has issued a development permit, when conducted between 3:00 a.m. and 8:00 p.m. If placement of concrete is planned to occur prior to 7:00 a.m., notice shall be provided to surrounding residential areas or noise sensitive zones with a minimum of 48 hours notice prior to commencement of this activity. A copy of the notice and distribution list shall be provided to the investigating officer at least 48 hours prior to commencement of this activity. However, the placement of concrete is prohibited on the days as listed in subsection (12) above.

(14)

Construction activities related to town, county, state or federal roads, highways or freeways;

(15)

Scheduled organized activities at a publicly-owned or operated facility;

(16)

The supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals or other lawful use of fireworks;

(17)

Unamplified human voices;

(18)

Outdoor events for which the organizer has been issued a permit by the town, provided it is conducted in accordance with such permit.

(Ord. No. 2014-10, § 1, 9-9-2014; Ord. No. 2025-03, § 2, 5-13-2025)

(a)

The town council may grant a variance from any provision of section 9.00.07 and 9.00.09.

(b)

Any request for a variance from the requirements of this division shall be considered by the town council and granted only when it is found that hardship would result from strict compliance with the provision from which a variance is sought. The town council shall grant approval of a variance upon the determination that (1) the hardship is not self-imposed; (2) the variance is necessary; and (3) the intent and purposes of this division are achieved in granting the variance.

(c)

Any person seeking a variance shall submit an application to the town council. At a minimum, the applicant shall provide the following information:

(1)

Identification of applicant;

(2)

Applicant's mailing address;

(3)

Legal description of property from which the sound will emanate;

(4)

Description of source of sound;

(5)

Description of sound;

(6)

Names and addresses of all abutting property owners; and

(7)

Facts and reasons justifying a variance.

(d)

The applicant for a variance shall tender an application fee in an amount determined by the town council.

(e)

The town manager shall schedule a hearing on the variance application. The town manager shall notify the applicant for a variance and all abutting property owners no less than ten days before the hearing of the time, date, and place of the hearing. If the variance application stems from a complaint, then the town manager shall notify the complainant.

(f)

At the hearing, the applicant may submit any relevant evidence or testimony. In deciding whether to grant or deny the application, the town council shall consider the hardship which will result to the applicant, the community, and other persons if the variance is not granted, versus the adverse impact on the health, safety, and general welfare of persons if the variance is granted. The town council shall grant or deny the variance application no later than ten days after the date of the hearing. In granting or denying a variance application, the town council shall state in writing on the application the reasons for the decision. If the decision is to grant the application, the town council shall set forth the terms and conditions of the variance.

(Ord. No. 2014-10, § 1, 9-9-2014)

(a)

It shall be unlawful for any person to violate any provisions of this article, or any provisions of any resolution enacted pursuant to this article. The provisions of this division may be enforced by notice of violation or criminal citation. Any person not in compliance with this article, or any provisions of any resolution enacted pursuant to the authority of this article, may be prosecuted in accordance with section 11.06.00 of the town's Land Development Code and through the powers of the special magistrate or as provided in section 1-12 of the town's Code of Ordinances. Each violation shall be considered a separate offense.

(b)

When a complaint is investigated by the investigating officer, pursuant to subsection 9.00.04(c), and a determination is made that a violation of this division has occurred without the issuance of the appropriate variance as provided in section 9.00.11 of this article, or not in accordance with this article, the investigating officer shall promptly issue a written notice of violation. If and when issued, a notice of violation shall include a description of the site where the violation has occurred, cite the provisions of this division and other applicable laws that have been violated, and set forth the required remedial action or actions to be taken as deemed reasonable and necessary by the town. Such remedial action may include:

(1)

Modification of the structure or business causing the violation in order to comply with applicable local, state or federal laws or regulations;

(2)

Any other actions consistent with the purpose and intent of this division or other applicable laws in order to ameliorate the adverse impacts of the violation; and

(3)

Administrative and civil penalties.

(c)

(1)

When a noise complaint is received and referred to the investigating officer for investigation, pursuant to subsection 9.00.04(c), and upon personal investigation the investigating officer finds probable cause to believe the owner or operator of the real property at issue is in violation of this article, the investigating officer may issue a written warning to cease and desist the violation.

(2)

If the owner or operator of the real property does not take corrective action regarding such a cease and desist warning within a reasonable time, which is defined to be 15 minutes or less, or if the noise or sound is abated after the warning and then reoccurs within 180 days of the time of abatement, the owner or operator of the real property at issue may be found guilty of a civil infraction, with a maximum penalty in an amount not to exceed $500.00.

(d)

Any person violating this division shall be liable for all costs incurred by the town in connection with enforcing this division or any provisions of any resolution enacted pursuant to this article, including, without limitation, attorneys' fees and investigative and court costs.

(Ord. No. 2014-10, § 1, 9-9-2014)

The investigating officer, any other authorized code enforcement officer, and the town shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon private property while in the discharge of duties under this article.

(Ord. No. 2014-10, § 1, 9-9-2014)

The town council may adopt such resolutions as are necessary to effectively administer this article.

(Ord. No. 2014-10, § 1, 9-9-2014)

(Ord. No. 91-6, § 3(9.02.01), 2-11-1992)

Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments at any point on the property line of the property on which the use is located. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of table 7, U.S. Bureau of Mines Bulletin No. 442. The equations of said bulletin shall be used to determine the values for enforcement.

(Ord. No. 91-6, § 3(9.02.02), 2-11-1992)

(a)

Standards. To protect and enhance the air quality of the town, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the state department of environmental development (F.A.C. ch. 17-2), and the county. No person shall operate a regulated source of air pollution without a valid operation permit issued by the state department of environmental development.

(b)

Testing. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringelmann Smoke Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringelmann Smoke Chart may be emitted for a period or periods totaling four minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of chapter 26, shall be the standard. All measurements shall be at the point of emission. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property and health of persons or animals at or beyond the lot line of the property on which the use is located. Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by the state department of environmental development 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)

Requirements.

(1)

Open burning shall only be as authorized by the town council on an individual basis and is discouraged due to its adverse impact on air quality.

(2)

Land uses, new industries and commercial activities which might have an adverse impact on air quality shall be prohibited.

(3)

The town and all developers, builders and owners of property shall cooperate with the county and state in the monitoring of air quality, identification of sources of air pollution and in encouragement of the use of alternative energy resources that do not degrade air quality.

(4)

No purchase regulations shall preclude the acquisition of alternative energy resources.

(Ord. No. 91-6, § 3(9.03.00), 2-11-1992)

Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. There is hereby established as a guide in determining the quantities of offensive odors table III, chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists Association, Inc., Washington, D.C. The odor threshold as herein set forth shall be determined by observation by the enforcing officer.

(Ord. No. 91-6, § 3(9.04.00), 2-11-1992)

Each use shall be operated so as to minimize the danger from fire and explosion.

(1)

Standards. In all districts in which the storage, or use, of flammable or explosive materials is permitted, the following standards shall apply:

a.

Storage and utilization of solid materials or products which are incombustible, or which in themselves support combustion and are consumed slowly as they burn, are prohibited.

b.

Storage, utilization or manufacturing of solid materials or products, including free burning and intense burning, are prohibited.

c.

Outdoor storage of coal and other solid fuels is prohibited.

d.

Storage or utilization of flammable and combustible liquids, or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with National Fire Code No. 30, exclusive of storage of finished products in original sealed containers which shall be unrestricted.

(2)

The following classifications of liquids are unrestricted, provided that storage, handling and use shall be in accordance with National Fire Protection Association, Flammable and Combustible Liquids, Code No. 30:

(3)

Commercial structures will comply with all Ocoee fire protection and prevention regulations to include required inspections by the Ocoee fire department. The Ocoee fire department will do such inspections as are needed and shall review plans for any new commercial construction.

(Ord. No. 91-6, § 3(9.05.00), 2-11-1992; Ord. No. 94-2, § 1(f), 2-8-1994)

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. 91-6, § 3(9.06.00), 2-11-1992)

Every use shall be so operated as to prevent the emission of glare and heat of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

(Ord. No. 91-6, § 3(9.07.00), 2-11-1992)

Every use shall be so operated as to prevent the discharge into any stream, lake or the ground of any sewage and waste which will be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot line of the property on which the use is located.

(Ord. No. 91-6, § 3(9.08.00), 2-11-1992)