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ORDINANCE NO. 11- 00 3
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
THE CITY OF BOYNTON BEACH CODE OF
ORDINANCES CHAPTER 15, "OFFENSES —
MISCELLANEOUS ", ARTICLE I, "IN GENERAL ",
SECTIONS 15 -8 THROUGH 15 -10.7; TO MODIFY THE
DEFINITION OF WEEKDAYS AND WEEKENDS AS
WELL AS MODIFY THE TIMES SUBJECT TO
DECIBEL LEVEL MEASUREMENT; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to amend the City's Code of Ordinances to
better address recent trending towards mixed use environments and in response to concerns
expressed by both the business and residential communities; and
WHEREAS, by amending the City's Noise Control Ordinance, the City Commission
recognizes the need to allow for live entertainment in commercial areas, including mixed use
developments, so long as there are no adverse impacts to adjacent residential uses; and
WHEREAS, the amendments to the noise control and sound control sections of the
City of Boynton Beach's Code of Ordinances are in the best interest of the health, safety, and
welfare of the residents, citizens, and businesses within the City of Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses are true and correct and are now ratified
and confirmed by the City Commission.
Section 2. That Chapter 15, "Offenses - Miscellaneous ", Article I, "In General ",
Sections 15 -8 through 15 -10.7 of the City of Boynton Beach Code of Ordinances be, and the
same are hereby amended as attached hereto and incorporated herein as Exhibit "A ".
S \CA \Ordinances \Ordinance - Noise Revisions (201 1) doe
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Section 3. Each and every other provision of the City of Boynton Beach Code of
Ordinances not herein specifically amended, shall remain in full force and effect as originally
adopted.
Section 4. All laws and ordinances applying to the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 5. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6. Authority is hereby given to codify this Ordinance.
Section 7. This Ordinance shall become effective immediately.
FIRST READING this - ST day of f , 2011.
-th
SECOND, FINAL READING AND PASSAGE this 15 day of 6c 6ruaxq ,
2011.
CITY OF BOYNT9_N BEACH, FLORIDA
Vic yo rlene Ross
ommi ner - illiam Orlove
r - .
,TTEST:
Cony sioner ' Woodrow L. tiay
C e - Steven Hol an
-2-
Exhibit A
Sec. 15 -8. Noise control -Short title.
Sections 15 -8 through 15 -8.8 shall be known and may be cited by the short title of "City of Boynton
Beach Noise Control Ordinance."
Sec. 15 -8.1. Same - Purpose and space.
It is the purpose of sections 15 -8 through 15 -8.8 to prevent, prohibit and provide for the abatement of
excessive and unnecessary noise which may injure the health or welfare or degrade the quality of life of
the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all
sound originating within the limits of this jurisdiction.
Sec. 15 -8.2. Same - Terminology and standards.
All terminology used in this section shall be as defined herein or, if not defined, given plain
meaning by reference to common dictionary definition. When interpretation is required by reference to a
source more definitive than this code or a dictionary, reference shall first be made to publications of the
American National Standards Institute (ANSI):
A- weighted sound level. The sound pressure level in decibels as measured on a sound level meter
using the A- weighted network. The level so read is designated dBA.
Apparent property line. The line along the surface, and its vertical plane extension, which separates
one lot or parcel of property from another.
Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action,
but excluding demolition, for or on public or private right -of -way, structures, utilities or similar
property, and excluding well pointing.
Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is
twenty (20) micropascals (twenty (20) micro - newtons per square meter).
Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or
private right -of -way surfaces or similar property.
Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or
property damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1)
second) in which the sound pressure level rises very quickly to a high before decaying to the background
level.
LIO sound level. The sound level exceeded for more than ten (10) per cent of a measurement period
which for the purposes of sections 15 -8 through 15 -8.8 shall not be less than ten (10) minutes.
Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is
the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water -ski
towing devices, jet skis and hover craft.
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Multifamily dwelling. A building or other shelter that has been divided into separate units to house
more than one (1) family.
Holiday. Those annual holidays designated in 5 U.S.C. 6103 to include additional days of a
celebratory nature, more specifically; New Year's Eve, Cinco De Mayo and St. Patrick's Day
Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise disturbance. Any sound in quantities which are or may be potentially harmful or injurious to
human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment
of life or property, including outdoor recreation, of a reasonable person with normal sensitivities.
Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise
sensitive activities include but are not limited to operations of schools, libraries open to public, churches,
hospitals and nursing homes.
Person. Any individual, association, partnership or corporation, and includes any officer, employee,
department agency, or instrumentality of the United States, a state or any political subdivision of a state.
Plainly audible. A sound which is capable of being heard by a human being without the assistance of
a mechanical or electronic listening or amplifying device.
Powered model vehicle. Any self - propelled airborne, waterborne or landborne plane, vessel or
vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car
or rocket.
Public right -of -way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place
normally accessible to the public which is owned or controlled by a governmental entity.
Public space. Any real property or structures thereon normally accessible to the public.
Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the
purpose of measurement, a pure tone shall exist if the one -third octave band sound pressure level in the
band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous
one -third octave bands by five (5) dB for center frequencies of 500 Hz and above and by eight (8) dB for
center frequencies between 160 and 400 Hz and by fifteen (15) dB for center frequencies less than or
equal to 115 Hz.
Real property line. An imaginary line along the surface, and its vertical plane extension, which
separates the real property owned, rented or leased by one person from that owned, rented or leased by
another person, excluding intra - building real property divisions.
Residential. An parcel of land whose use is designated to provide only permanent housing and
excluding all tourist accommodations which includes but is not limited to hotels, motels, apartment
hotels, etc.
RMS sound pressure. The square root of the time averaged square of the sound pressure.
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Sound. 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.
Sound disturbance. Any sound which is:
(1) Plainly audible beyond a distance of twenty five (25) feet or further from the apparent
property line from which the sound emanates, in a single residential zoning district, or
(2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is
plainly audible twenty five feet (25) feet or further from the apparent property line from which the sound
emanates, in multi - family residential zoning districts.
(3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent
property line from which the sound emanates when the sound emanates in a commercial zoning district
and is heard in a residential zoning district.
For purpose of enforcement, it is not necessary to specifically identify the property line as would be
depicted on a survey, rather an approximation of the property line may be used taking into consideration
physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment.
Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and
weighting A, B, or C as specified in American National Standards Institute specification for sound level
meters, ANSI S1.4 -1971, or in successor publications. If the weighing employed is not indicated, the A-
weighting shall apply.
Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator
or time averager, output meter and weighing networks used to measure sound pressure levels. The
output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or
better, as specified in the American National Standards Institute Publication S1.4 -1971, or its successor
publications.
Sound pressure. 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.
Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS
sound pressure to the reference pressure of twenty (20) micropascals (2 x 106N /m2). The sound pressure
level is denoted Lp or SPL and is expressed in decibels.
Weekday. Any Sunday through Thursday which is not a holiday as defined herein.
Weekend. Any Friday or Saturday.
Sec. 15 -8.3. Same - Program administration.
(a) The noise control program established by sections 15 -8 through 15 -8.8 shall be administered by
the city manager, or his designee, of the City of Boynton Beach, Florida.
(b) For the purposes of section 15 -8.8 and its enforcement, municipal employees or officials
engaged in the measurement of noise, assessing compliance with such sections, making
recommendations for noise abatement, issuing noise violations citations, or giving evidence regarding
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noise violations shall have received formalized training on these subjects from institutions or
organizations of recognized ability and experience in environmental acoustics and noise control.
Sec. 15 -8.4. Same - Inspections.
Upon presentation of proper credentials, the city manager or his designee, may enter and /or inspect
any private property, place, report or records at any time when granted permission by the owner, or by
some other person with apparent authority to act for the owner. When permission is refused or cannot be
obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of
probable cause to believe that a violation of sections 15 -8 through 15 -8.8 may exist. Such inspection
may include administration of any necessary tests.
Sec. 15 -8.5. Noise control— Prohibited acts.
(a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be
made or continued any noise disturbances.
(b) Specific prohibitions. The following acts, and the causing or permitting thereof in such a
manner as to create a noise disturbance across a residential or commercial real property line, or within a
noise sensitive zone, or at any time in violation of the provisions of section 15 -8.8, are hereby declared
to be a violation:
(1) Radios, television sets, and similar devices. Operating, playing or permitting the operation
or playing of any radio, television, or phonograph, which produces or reproduces sound either
mechanically or electronically.
(2) Loudspeakers. Using or operating for any purpose other than those activities specifically
exempted in section 15- 8.6(4) below, any loudspeaker, loudspeaker system or similar device, including
sound emitting devices which may be physically attached to any motor vehicle.
(3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything
within any area of the city.
(4) Animals. Owning, possessing or harboring any animal or bird which frequently or for
continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise
disturbance.
(5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a
noise disturbance.
(6) Construction. Operating or causing the operation of any tools or equipment used in
construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the
times specified in section 15 -8.8, or at any time during Sundays or legal holidays.
(7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical
equipment located on real property including HVAC equipment, motors, engines, pumps, compressors,
fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and
their component parts except as otherwise exempted in section 15- 8.6(6).
(8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause
a noise disturbance.
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(c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or
propane powered generators is permitted during periods of power outage following natural disasters and
during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur
during daylight hours on weekdays and only for the minimum amount of time required by the
manufacturer. Any person using a generator, except during periods of power outage following natural
disasters, is subject to the restrictions on noise generation as otherwise set forth in this chapter.
Sec. 15 -8.6. Same - Exemptions.
The following acts and the causing or permitting thereof shall be specifically exempted from the
prohibitions of section 15 -8.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as
established in Chapter 316, Florida Statutes, and applicable rules and regulations of the Department of
Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any
sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-
8.5(b)(2).
(2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and
interstate railway locomotives and cars are exempt from these provisions.
(3) Emergency activities. Any noise generated as a result of emergency work or for the purpose
of alerting the public to the existence of an emergency situation.
(4) Public speaking and assembly. Any noise generated by any noncommercial public speaking
or public assembly activities conducted pursuant to lawful authority on any public space or right -of -way,
including sporting events.
(5) Domestic power tools and lawn maintenance equipment. Any noise generated by the
operation and use of domestic power tools and lawn maintenance equipment.
(6) Fixed mechanical equipment, noise generated by the operation and use of air conditioning
units in residential districts.
(7) Nonamplified solo musical instrument played by an individual within a private residence
between the hours of 9:00 a.m. and 8:30 p.m.
(8) Construction. The foregoing provisions of Section 15- 8.5(a), (b) and subparagraph (6) of
this Section shall not apply to municipal public works, emergency matters or matters having an effect on
the public health, safety and welfare of the city in those zoning districts of commercial and industrial,
and where the noise disturbance across a residential property line would not exceed those sound limits
set forth in Section 15 -8.8 of this Article.
Sec. 15 -8.7. Same - Penalty for violation.
Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of
sections 15 -8 through 15 -8.8 shall be guilty of a misdemeanor of the second degree, punishable by a fine
and /or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have
the authority and jurisdiction to prosecute such offenses. Each day said violation continues shall be a
separate offense.
Sec. 15 -8.8. Same -Sound levels by receiving land use.
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(a) Sound limits established. No person shall operate or cause to be operated any source of sound
as enumerated in section 15- 8.5(b), and unless specifically exempted by section 15 -8.6, in such a
manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for
the receiving land use category in question for more than ten (10) per cent of any measurement period
which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or
within the confines of a building within the receiving land use and as a result of a source of sound being
located on some other property.
(b) L10 sound level limits. Permissible sound levels for sounds transmitted to receiving land use
areas shall not exceed the following limits for L10 sound levels as defined herein. For the purpose of
these noise control provisions, such sound levels shall be determined using FAST meter responses:
Receiving Land Use Time L10 Sound Level
Category Limit (dB)A
Exterior Residential 7:00 a.m. to 11:00 p.m. 60
Sunday through Thursday
7:00 a.m. to 12:00 a.m.
Friday & Saturday and
Holidays
11:00 p.m. to 7:00 a.m. 55
Sunday through Thursday
12:00 a.m. to 7:00 a.m.
Friday & Saturday and
Holidays
Exterior Commercial At all times 65
Interior Residential 7:00 a.m. to 11:00 p.m. 50
Sunday through Thursday
7:00 a.m. to 12:00 a.m.
Friday & Saturday and
Holidays
11:00 p.m. to 7:00 a.m. 45
Sunday through Thursday
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12:00 a.m. to 7:00 a.m.
Friday & Saturday and
Holidays
Interior Commercial At all times 55
(c) Maximum sound level limits. The maximum sound level from any applicable sound sources
shall not exceed the L10 sound level limits by more than the values listed below:
10 (dB) A from 7:00 a.m. to 11:00 p.m.
5 (dB) A from 11:00 p.m. to 7:00 a.m.
(d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse
noise, as defined herein, the sound level limits for L10 and maximum sound levels shall be reduced by
five (5) (dB) A.
Sec. 15 -9. Obstruction of passageways.
It shall be unlawful for any person to place or erect, upon any public way or passageway to any
building, an obstruction of any type, provided this section shall not prevent the duly authorized or
required placing of temporary barriers or warning signs for the purpose of safeguarding the public.
Sec. 15 -10. Sound control -Short title.
This section shall be known and may be cited by the short title of "City of Boynton Beach Sound
Control Ordinance."
Sec. 15 -10.1. Purpose.
(a) It is the purpose of this section to preserve the peace and tranquility of residential
neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively loud
sound.
(b) This section shall apply to the control of sound originating within the jurisdictional limits
of the city without regard to the content, meaning, or message of the sound. It is the express
intent that enforcement of these regulations shall be content neutral.
(c) Please refer to Section 15 -8.2 for any definitions applicable to this Section.
Sec. 15 -10.3. Administration.
The sound control program established by this section shall be administered by the City Manager, or
his designee, of the City of Boynton Beach, Florida.
Sec. 15 -10.4. Inspections.
Upon presentation of proper credentials, the City Manager or his designee, may enter and /or inspect
any private property, place, report or records at any time when granted permission by the owner, or by
some other person with apparent authority to act for the owner.
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Sec. 15 -10.5. Prohibited acts.
No person shall make, continue or cause to be made or continued any sound disturbances, as defined
herein, between the hours of 11:00 p.m. and 7:00 a.m on weekdays and between the hours of 12:00 a.m.
and 7:00 a.m. on weekends or holidays.
Sec. 15 -10.6. Exemptions.
Sound emanating from the following acts and the causing or permitting thereof shall be specifically
exempted from the prohibitions of section 15 -10.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as
established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway
Safety and Motor Vehicles.
(2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft
and interstate railway locomotives and rail cars.
(3) Emergency activities. Any sound generated as a result of emergency work or for the
purpose of alerting the public to the existence of an emergency situation.
(4) Domestic power tools and lawn maintenance equipment. Any sound generated by the
operation and use of domestic power tools and lawn maintenance equipment.
(5) Sound generated by the operation and use of air conditioning units in residential districts.
(6) Non - amplified solo musical instrument played by an individual within a private residence.
Sec. 15 -10.7. Enforcement and Penalty.
(a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which
violations of this chapter are alleged; or
(b) The city may enforce the provision of this Code by supplemental Code of Ordinance
enforcement procedures as provided by F. S. Chapter 162, Part 2; or
(c) The city may prosecute violations by issuance of notices to appear for violation of a City
Ordinance, in which case, the penalty for a violation shall be as follows:
(1) First violation - $50.00
(2) Second violation within twelve (12) months of adjudication of first violation - $100.00
(3) Third violation within eighteen (18) months of adjudication of first violation - $500.00
Each calendar day on which a violation exists shall constitute a separate violation for the purpose of
determining the fine.
(d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit
on behalf of the city, or any affected citizen may bring suit in his or her name against the person or
persons causing or maintaining the violation, or against the owner /agent of the building or property on
which the violation exists. Relief may be granted according to the terms and conditions of F.S. Chapter
60, entitled Abatement of Nuisances.
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(e) Violations of this Article may be enforceable by arrest.
(f) For the purpose of this section, any person owning or having responsibility for management of
a business premises, however temporarily, any performer or disc jockey producing sound upon any
business premises, any person playing, producing or controlling music, or other sound, any person
having control of the volume of music or sound, and the business as named on the business tax receipt
where the music or sound is emanating may be jointly and severally liable for compliance with this
Article and shall be responsible for any violations hereof.
(g) No citation or notice to appear for a violation of this section shall be issued until a law
enforcement officer or code enforcement officer has made contact with the owner, occupant or operator
of the property from which the offending sound emanates to request abatement of the offending sound.
When a request for abatement is made and the offending sound is not immediately abated, or if it
resumes within ninety (90) minutes following initial abatement, or occurs again within three (3) days, a
citation or notice to appear may issue without additional request for abatement.
H:A1990\900182.BB \ORD\Noise Ordinance Revisions (2010).doc
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CITY OF BOYNTON BEACII, FLORIDA
INTER- OFFICE MEMORANDUM
TO: Kurt Bressner,
DATE:
February S, 2011 FILE: Ordinance:
City Manager
Noisc /Live
Entertainment
VIA
G. Matthew lrnrnler �
Chief of Police
SUBJECT":
Supplemental Information for City Commission
Meeting of February 15, 2011 - Noise
Ordinance Revisions & Live Entertainment
Ordinance
��
FROM: Scott 13Tdsre, '
REFERENCES:
1. Noise Ordinance Revisions
Code Compliance
2. Live Entertainment Ordinance
Administrator
3. E -mail to Vice Mayor Ross
4. Police Calls for Service - Noise Complaints
from Coastal Towers
ENCLOSURES:
Boynton Beach Police Department Report of
Noise Disturbance Calls 1/1/2006 through
2/7/2011
Pursuant to your request I'm providing the additional information you requested for the upcoming
public hearing with respect to our Noise Ordinance modifications and the proposed Live Entertainment
Ordinance. The first portion of this information was extracted from an earlier E -mail correspondence
provided at the request of Vice Mayor Marlene Ross. The second portion is a summary of our review
of calls for service (complaints) filed by residents of Coastal Towers over the past five (5) years.
Hopefully this information will be useful to the City Commission during their deliberation on this matter
next Tuesday evening.
From: Blasie,Scott
Sent: Wednesday, February 02, 2011 4:30 PM
To: Ross, Marlene
Cc: Immler, Matt; Bressner, Kurt; Biscuiti, Kathy; Breese, Ed; Byrne, Nancy; Ducoste- Amedee,
Maxime; Johnson, Eric; Rumpf, Mike: Simon, Michael
Subject: Noise /Live Entertainment Ordinance Clarification
Vice Mayor:
In response to your voice message on the present and proposed language in our Code I offer
the following summary:
CURRENT REGULATIONS:
NOISE ORDINANCE:
• Live music /entertainment is allowed at any time day or night subject to the following
decibel levels & times and /or the "plainly audible" standard:
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Decibel Measurement Standards (Receiving Land Use Residential)
• 60 decibels maximum between the hours of 7:00 A.M. & 10 :00 P,M.
• 55 decibels maximum between the hours of 10:00 P.M. & 7:00 A.M.
• 60 decibels on Weekends /Holidays is extended from 10:00 P.M. to 11:00 P.M.
Plainly Audible Standards
• 100 feet from the apparent property line when sound emanates from a commercial
zoning district and is received in a residential zoning district.
a Between the hours of 10:00 P.M. &6:00 A.M. Monday through Friday
a Between the hours of 12:00 A.M. & 7:00 A.M. Saturday and Sunday (current
definition of weekend)
NOTE:
• The Alts live in Mixed Use and the sound emanates from Mixed Use and therefore the
"plainly audible" standard doesn't work for them.
Current regulations don't address outdoor Live Entertainment other than using the
above decibel table and plainly audible standards.
PROPOSED REGULATIONS:
NOISE ORDINANCE:
Decibel Measurement Standards (Receiving Land Use Residential)
• 60 decibel maximum extends to 11:00 P.M. Sunday through Thursday (Redefined
weekend to be Friday & Saturday instead of Saturday & Sunday)
• 60 decibel maximum extends to 12:00 A.M. on Weekends (Friday night & Saturday
night)
• 55 decibel maximum begins at 11:00 P.M. on weekdays
• 55 decibel maximum begins at 12:00 A.M. on weekends
Plainly Audible Standards
• Unchanged
Live Entertainment Regulations:
+ Noise Ordinance remains in effect at all times
Live Entertainment outdoors is restricted to 11:00 P.M on weekdays and 12:00 A.M.
on weekends when there is a residential unit within 100 feet of the establishment.
• There is staff review to require mitigation of noise if deemed necessary /appropriate.
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Boynton Beach Police Department
`e
NOISE DISTURBANCE CALLS
BANANA BOAT/TWO GEORGES
Below are the number of noise disturbance calls received in reference to Banana Boat and Two
Georges between 01/01/2006 thru 02/07/2011.
BANANA BOAT: 117
TWO GEORGES: 30
The departmental CAD system displays the address of occurrence, which would be where the noise is
coming from, and there is no way to determine where the actual call is made from. It does display
the caller's name and phone number, but only if they choose to give that information.
Based on the CAD information available, Mr. Foot made 62 of the 117 calls in reference to the noise
at Banana Boat and 2 of the 30 calls in reference to the noise at Two Georges.
z/s/zoil
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13. B
LEGAL
February 15, 2011
40 CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: February 15, 2011
NATURE OF
AGENDA ITEM
❑
OPENINGS
❑
PUBLIC HEARING
❑
OTHER
❑
CITY MANAGERS REPORT
E]
ANNOUNCEMENTS /PRESENTATIONS
El
UNFINISHED BUSINESS
❑
ADMINISTRATIVE
❑
NEW BUSINESS
❑
CONSENTAGENDA
®
LEGAL
❑
BIDS AND PURCHASES OVER $100,000
❑
FUTURE AGENDA ITEMS
❑
CODE COMPLIANCE AND LEGAL
SETTLEMENTS
REQUESTED ACTION BY CITY COMMISSION: PROPOSED ORDINANCE NO. 11 -004 - SECOND
READING - Approve an Ordinance titled "Live Entertainment Permits"
EXPLANATION OF REQUEST: This Ordinance was presented to the City Commission at the
meeting of August 3, 2010 at which time direction was given to staff to further review
approaches used by neighboring communities, consider a reduction of fees associated with
the approval process and consider administering the Ordinance on an administrative level with
only appeals of revocations going before the City Commission. (August 3, 2010 minutes
attached — (Exhibit "B ")
In an effort to address the concerns expressed at the August 3, 2010 City Commission
meeting the committee conducted further research and review with the following results:
• The total costs of obtaining the Live Entertainment Permit have been reduced from
$1,000.00 down to $200.00
• The review and approval process will be performed at the staff level without need for
City Commission review.
• Neither West Palm Beach or Delray Beach currently has processes or legislation that
one would consider relevant to our proposal. Staff review of Ordinances of surrounding
Cities included the recently adopted Code in Lake Worth and Jupiter as well as West
Palm Beach and Delray Beach.
The need for supplemental regulations over and above our decibel thresholds for sound
emanating from establishments that have entertainment can best be explained as follows:
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• The Live Entertainment Permit review process affords staff the opportunity to
proactively evaluate proposed venues for entertainment with consideration for levels of
impact on neighboring properties. It also provides staff with an additional means by
which it can determine whether a business is operating within the scope of what has
been approved.
• Secondly, and perhaps most important is the fact legitimate measurement of noise
levels of a specific noise source in an urban setting is next to impossible due to the
ambient ( "normal ") sound levels for that particular area. In most cases attempts to
measure sound levels in an environment of multiple venues and /or near major
roadways are not considered valid by Acoustical Engineering Standards and therefore
are not defensible in Court.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It's anticipated the proposed Ordinance
will assist staff in better monitoring those businesses that feature live entertainment and should
serve to reduce the need for real time monitoring and call response by the Police Department
and /or Code Compliance.
FISCAL IMPACT: No significant fiscal impact will result from the adoption of these regulations.
It's acknowledged there will be an increase in staff work initially as we review a number of
submittals, but once approved the renewals will be automatic as is the case with Business Tax
Receipts.
ALTERNATIVES: Choose to modify the proposed legislation or continue using the regulations
currently in place.
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