O85-16AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 15. OFFENSES - MISCELLANEOUS,
ARTICLE I. IN GENEP~L. OF THE CODE OF
ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA,
BY REPEALING IN ITS ENTIRETY SECTION 15.8.
NOISE. AND BY SUBSTITUTING THEREFOR A NEW
SECTION 15.8 THROUGH 15.8.8 ENTITLED "NOISE
CONTROL."; PROVIDING FOR THE PURPOSE AND
SCOPE OF SAID ORDINANCE; PROVIDING STANDARDS
AND DEFINITIONS FOR NOISE CONTROL; PROVIDING
FOR PROGRAM ADMINISTRATION; PROVIDING
INSPECTION PROCEDURES; PROVIDING FOR THE
PROHIBITION OF CERTAIN ACTS; PROVIDING FOR
PENALTIES; PROVIDING FOR SOUND LEVEL LIMITS
BY RECEIVING LAND USES; PROVIDING THAT EACH
AND EVERY OTHER PROVISION OF CHAPTER 15.
OFFENSES - MISCELLANEOUS. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING AUTHORITY TO CODI~Y; PROVIDING A
CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, excessive sound constitutes a menace to the
health and welfare and the quality of life; and
WHEREAS, a substantial body of science and technology
exists by which excessive sound may be substantially measured and
abated; and
WHEREAS, the Florida Constitution, Article II, Section 7,
establishes the right of the people to an environment free from
excessive and unnecessary sound; and
WHEREAS, excessive and unnecessary sound that may
jeopardize human health or welfare or may substantially degrade
the quality of life is well within the control of the police
powers of the City; and
WHEREAS, Article VIII, Section 2(b), of the Florida
Constitution, and Chapter 166.021, Florida Statutes, provide
the governmental, corporate and proprietary powers of the City
of Boynton Beach, Florida, to conduct its municipal government,
perform municipal functions, render municipal services, exercise
any power for municipal purposes except those expressly prohibited
by law, including the power to enact legislation concerning any
subject matter upon which the State Legislature may act, which
has not previously been excepted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Chapter 15. OFFENSES - MISCELLANEOUS, Article
I. In General, Section 15.8. Noise, of the Code of Ordinances of
the City of Boynton Beach, Florida, as hereinafter set forth, be
and hereby is repealed in its entirety.
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Section 2: There is hereby created a new Section 15.8
through Sec. 15~8.8, to .be known as.the "City .of .Boston BeaCh Noise Control~
Ordinance," which shall read as follows:
Sec. 15.8. Noise Control--Short Title.
This Ordinance shall be known and may
be cited by the short~title of ~City of
Boynton Beach Noise Control Ordinance."
Sec. 15.8.1 Purpose and Scope.
It is the purpose of this section 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. Th~s section
shall apply to the control of all sound
originating Within the limits of this
jurisdiction.
Sec. 15.8.2. Terminology and Standards.
Ail terminology used in this Ordinance,
not defined below, shall be in conformance
with applicable oublications of the
American National Standards Institute (ANSI)
or its successor.
A-WEIGHTED SOUND LEVEL. The sound
pressure level in decibels as
measured on a sound level meter using
the A-weighting network. The level so
read is designated dBA.
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 describinq 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)
micronewtons 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 imminent
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 emerqency.
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I_MPULSE NOISE~ ~ ~iscr~e_~e_n~
or series of such nois~_~
duratio~ (generally less than one
segond) in which the sound pressure
level r.[ses very quicklY to a hiqh..
P~k before deca¥inq to the bagkqround
level.
MOTORBOAT. Any boat or vessel propelled
or powered by mgghinerY whether or not
~uch machinery is the principal source
o__f propulsion; includinq but not limited
tc craft, wDter-
sk devices and hover craft.
MULTI-FAMILY DWELLING. A 'buildinq or
other shelter that has been divided into
seoara%~ 'Units to ~house more than ~one.._llJ_
f_amily~
NOISE. Any sound which .annoys or disturbs
humans or which causes or tends to cause an
Jd~se psycholoqical or physioloqical
effect bn hUmans.
NOISE DISTURBANCE. Any sound in quantities
W~!~h are or may be potentially harmful or
~njurious 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. Existinq quiet
zones until desiqnated otherwise by the
~nvironmental Control Officer. Noise
sensitive activities include but are not
limited to operations of schools, libraries_
open to public, churches, hospitals ~od_
nursinq homes.
PERSON. Any individual,~ association~_
Partnership or corporation, and includes
~ ~fficer, employee, depar~nt~' agency~
qr instrumentality-of the United States~
a State or any pQlitical subdivision of a
State.
POWERED MODEL VEHICLE. Any self-propelled
airborne, waterborne or landborne plane,
vessel or vehicle which is not desiqned to
c~ry persons, includinq but not limited
to any model airplane~ boat, car or rocket.
PUBLIC
boUleva
~s~m~i'ar
Public
governm
RIGHT-OF-WAY. Any street, avenue~
~d, highway, sidewalk or alley or
place normally accessible to the
~hich ms owned or controlled by a
entel entity.
PUBLIC SPACE. Any real property or
s~uctu--~--"there°~ normally accessible
t~.~.~he ~ubIic.
PURE TONEi Any. sound which can be distinctly
heard as a single pitch or a set of single
p~ghes. Fo'r ~he purpose of measureme'~t,
a_PUre '~one Shall exist if the one-third
o~tave ~band sound pressure level in the
band with the tone exceeds the arithmetic
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ave~_age of' the 'sound pressure levels
of the two (2) contiguous one-thf~d--
octave bgnds bY five-(5) dB for center
~equencies o!f-500 Hz ~hd aboV~ ah~-~
eight (8) dB for center frequencies
between 160 a!nd 40~0 ~Z and by fifteen
'(15) dB for cienter frequencies less
than or equall ~to 125 Hz.
REAL PROPERT~ LINE. An imaginary line
a~long the Surface, and its verti'cal '~lane
~xtension, w~ich separates' the real
property owned, rented or leased~b~ one
~_~rson from ~hat owned, rented 0~ leased
~ ~ano~her ~rsOn,"excl~d~ng intra'b~ilding
.r~ai'pr0per~ diviSions.
RESIDENTIAL ~REA. An area of land whose
~Se 'iS"-~f~ated to provide only permanent
h0Bsing and qxclUding all tou~ift '
accOm0~a~ion~ Which'~in~i'~d~s but is not
l~mi~ed ~O!h~tei~ motels, apartment
h__o~els, etc.
RMS SOUND PRESSURE. The square root of
'~he time averaged square Of the sound
.pressure.
SOUND. An oscillation in pressure, stress,
~Par~icle displacement, particle'velocity
or 0~her'phY~iCal parameter, in ~ me-di~
With internal forces. The description
of sound 'may iinClude any characterf~%~c
of such soUnd inCIuding duration,
in~ensi~y 'and frequency~
~QUND 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 iS1. 4-1971, or in successor
~ublications.! If the weighting employed
is not indicated, the A-weiqhting shall
.app.l~.~
SOUND LEVEL METER. An instrument which
includes a microphone, amplifier, RMS
de~ector, 'inteqrator or time averager~
~utput meter and weighting networks used
t0 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 Sl.4-
1971, or its successor publications.
SOUND PRESSURE. The instantaneous
difference b~twee~the a~tual pressure
and the averaqe or barometric pressure
~t~a.qiven point in space, as produced by
the presence of sound ener~y_.~
~OUND PRESSURE LEVEL. Twenty (20) times
_t_he/!0garithm to the base ten (10) of the
ratio of the RMS soBnd pressur~ to the
reference pressure of twenty (20) micro-
pascals (20x~0-6N/m2). The isound 6ressure
level is denoted Lp or SPL and is expressed
in decibels.
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WEEKDAY. Any day Monday through
Saturday which is not a legal holiday.
Sec. 15.8.3. Pirogram Administration.
The noise control program established
by this Ordinance shall be administered
by the City Manager, or his designee, of
the City of Boynton Beach, Florida.
Sec. 15.8.4'. Inspections.
Upon presentation of proper credentials,
the City Manager or his designe.e, 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 wi!th 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 this
Ordinance may exist. Such inspection may
include adminiStration of any necessary tests.
Sec. 15.8.5. 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,
are declared to be in violation of this
Ordinance:
Radios, Television Sets, Musical
Instruments, Similar Devices.
Operating, playing or permitting
the operation or playing of any
radio, television, phonograph, drum,
musical instrument or szmilar device
which produces or reproduces sound:
(a) Between the hours of 6:00 p.m.
and 8:00 a.m. the following day in
such a manner as to create a noise
disturbance across a residential
or commercial real property line or
at any time to violate the provisions
of Section 15.8.8.
(b) In such a manner as to exceed
the levels set forth for public space
in Section 15.8.8 measured at a
distance of at least fifty (50) feet
[fifteen (15) meters] from such device
operating on a public right-of-way
or public space.
2. Loudspeakers.
Using or operatinq for any purpose
any loudspeaker, loudspeaker system
or similar device between, the hours
of 10:00 p.m. and 7:00 a.m. the following
day, such that the sound therefrom creates
a noise disturbance across a residential
real property line, or at anvtime
violates the provisions of Section 15.8,8,
except for any non-commercial .public
speakinq or public assembly.
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3. Street Sales.
Offering for sale, selling anything
or advertising by shouting or outcry
within any residential or commercial
area or noise sensitive zone of the
City.
Animals.
Owning, possessing or harboring any
animal or bird which frequently or
for continued duration, howls, barks,
meows, squawks or makes other sounds
which create a noise disturbance in
violation of the provisions of Section
15.8.Sacross a real property line or
within a noise sensitive zone.
5. Loading and Unloading.
or other ha
Loading, unloading, opening, closing
ndling of boxes, crates,
containers
cans, or s~
hours of 6
following d
cause a no~
real propez
violate the
6. Constructic
Operating ¢
building materials, garbage
milar objects between the
00 p.m. and 8:00 a.m. the
ay, in such. a manner as to
se disturbance across a
ty line or at anytime to
srovisions of Section 15.8.8.
ne
r causing the operation of
any tools or equipment used in
constructi6n, drilling, repair,
alteration or demolition work between
the hours of 6:00 p.m. and 8:00 a.m.
the following day on weekdays, or at
anytime on[Sundays or holidays, such
that the sound therefrom creates a
noise disturbance across a real property
line or at anytime violates the
provisions of Section l5.8.8, except for
emergency work of public service
utilities._ This section shall not
apply to tMe use of domestic power tools.
Sec. 15.8.6. Operating. Motor Vehicle
Noise Enforcement.
The procedure ~or enforcing operating
motor vehicle noise standards shall be as
established in C~apter 316, Florida' Statutes,
and. applicable rQles and regulations of the
Department of Poilution Control with the
cooperation of the Department o.f. Hig.hway
Safety and Motor Vehicles.
Sec. 15.8.7. Po lty.
!
Any person, fi~m or corporation convicted
in municipal court or other court of competent
jurisdiction of ~ violation of this Or. dinance
shall be guilty of a misdemea.n0r, punishable
by a fine of not more than five hundred ($500)
dollars or incarGeration in the municipal or
county jail for not more than thirty (30) days,
or both~ and shall pay all costs and expenses
involved in the ~ase. Each day said violation
continues shall be a separate offense.
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Sec. 15.8.8. SoUnd Levels by Receiving
Land Use.
No person shall operate or cause to be
o~perat~ed any source o~ sound otne~
motor vehicle~.being operated on a public
r__ight-of-way mn such a manner as to create
an exterior or interior s0~nd 1-evel of 'any
origin, including air c0hdi~ioning equipment,
which exceeds the limits set forth :for ~he
receiving land use c~?gory in question more
then ten (110%) per cent of any measurement'
~eriod which shall not be less~ ~h~'h t~n (10)
minutes when measured at or within-the
boundaries of~ a 'or-withlh-~he
receiving
roperty.
PermisSible sound leVels for sounds
' simil
~sou~
dE
shaI! not ~ed the following
limits ose of this
e be
FAST meter res~0nses.
SOUND LEVELS BY RECEMNG LAND USE
Receiving Land Use Category
Time L10 Sound Level
Limit
Exterior 7 am to 10 pm 60
Residential 10 pm to 7 am 55
Conmercial At all times 65
Interior 7 am to 10 pm 50
Residential 10 pm to 7 am 45
Ccrauercial At all times 55
The maximum sound level caused by these sound sources
shall not exceed the L10 sound level limits by more
than the values listed below:
10 dB from 7 am'to 10 pm
5 dB from 10 pm to 7 am
For any source of sound which~mli{s~ a pure tone or
impulsive type of sound, the sound level limits for
L10 and maximum sound levels shall be reduced by 5 dB.
Section 3: Each and every other provision of Chapter
15. OFFENSES - MISCELLANEOUS. shall remain in full force and
effect as previously enacted.
Section 4:
codify this Ordinance.
Section 5:
Specific authority is hereby given to
Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
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Section 6: Should any sec%ion or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, -such decision sha]t not
affect the remainder of this Ordinance.
Section 7: This Ordinance shall become effective
immediately upon passage.
FIRST READING this
day of . ~
/_~~day of
1985.
SECOND READING and FINAL PASSAGE this
~ ~ , 1985.
CITY OF BOYNTON BEACH, FLORIDA
V~E MAYOR
'CO/~, C~I~L M~
IL MEMBER
COUNCIL MEMBER
ATTEST
CI'T~ ~LE~K
(Seal)
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