18-033 1
2 ORDINANCE NO. 18- O3-
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 AMENDING PART II. "CODE OF ORDINANCES," CHAPTER 15,
6 "OFFENSES-MISCELLANEOUS," ARTICLE I, "IN GENERAL,"
7 SECTIONS 15-8.1 THROUGH 15-8.8; CREATING SECTION 15-8.9
8 ENTITLED "MEASUREMENT OF NOISE"; PROVIDING FOR
9 DEFINITIONS, CITY COMMISSION AUTHORITY, CODIFICATION,
10 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE.
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12 WHEREAS, the City Commission of the City of Boynton Beach has a significant
13 interest in protecting the health, safety and welfare of the residents in the City, and ensuring the
14 residents' enjoyment of life and property; and
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16 WHEREAS, the City of Boynton Beach has a substantial and significant public
17 interest in protecting residential areas and land uses from potential adverse impacts of
18 continuous, excessive and unnecessary noise and/or sound; and
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20 WHEREAS, such public interest extends to protecting, preserving and maintaining
21 the health, safety and welfare of the residents while also protecting, preserving and
22 maintaining the aesthetic character of areas where the residents reside and do business; and
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24 WHEREAS, the City of Boynton Beach desires to avoid potential detrimental
25 impacts to residents of the City from continuous, excessive and unnecessary noise;and
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27 WHEREAS,the City finds that this Ordinance will advance the public health,safety,
28 and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City.
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30 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
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33 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being
34 true and correct and are hereby made a part of this Ordinance.
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36 SECTION 2. Amendment of City Code. Part II, "Code of Ordinances", Chapter 15-8.1
37 through Chapter 15-8.8, are hereby amended as provided in Exhibit "A", which is attached to
38 this Ordinance, and hereby incorporated by reference(words that are stricken out are deletions;
39 words that are underlined are additions). Part II, "Code of Ordinances", Chapter 15-8.9 entitled
40 "Measurement of Noise" is hereby created as provided in Exhibit "A", which is attached to
41 this Ordinance and hereby incorporated by reference (words that are stricken out are deletions;
42 words that are underlined are additions).
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44 SECTION 3. Codification and Reservation of Rights. This Ordinance shall be
45 incorporated into the Boynton Beach City Code. Any section, paragraph number, letter and/or
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46 any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
47 typographical and similar or like errors may be corrected, and additions, alterations, and
48 omissions not affecting the construction or meaning of this ordinance and the City Code may
49 be freely made. Adoption and codification of this ordinance does not waive the city's right to
50 contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness
51 of the Act or any part thereof and the city hereby reserves the right to contest and otherwise
52 challenge the Act.
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54 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or
55 provision of this ordinance is for any reason held invalid or unconstitutional by any court of
56 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
57 shall be deemed a separate,distinct and independent provision,and such holding shall not affect
58 the validity of the remaining portions of this ordinance.
59
60 SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and
61 any other ordinance or provision of law,this Ordinance controls to the extent of the conflict, as
62 allowable under the law.
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64 SECTION 6. Effective date. This Ordinance shall become effective immediately upon
65 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all
66 existing and future applications for permits.
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89 FIRST READING this • day of /1/49iJ- j,,, , 2018.
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91 SECOND, FINAL READING AND PASSAGE this 4 day of December
92 2018.
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94 CITY OF BOYNTON BEACH, FLORIDA
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96 YES NO
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98 Mayor—Steven B. Grant
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100 Vice Mayor—Christina L. Romelus
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102 Commissioner—Mack McCray
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104 Commissioner—Justin Katz
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1106 Commissioner— Aimee Kelley V
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110 VOTE 6 0
111 ATTEST:
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115 Jud' A. Pyle, CMC
116 Ci Clerk
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119 (Corporate Seal)
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EXHIBIT "A"
PART II. CODE OF ORDINANCES CHAPTER 15. OFFENSES - MISCELLANEOUS,
ARTICLE I. IN GENERAL.
Section 15-8-.1. Same—Purpose and space.
ft is the purpose of sections 15-8 through 15-8.8.9 to prevent, prohibit and provide for the
abatement of excessive, and unnecessary noise which may injure the health or welfare or degrade
the q.ility of life of the citizens and residents of the City of Boynton Beach. This section shall
apply to the control of all sound and noise originating within the limits of this jurisdiction. It is
furthe- the intent of this chapter to recognize that factors such as the time of day, location (e.g.
proxi ity to residences), necessity of public projects for the public good, and necessity of sound
and noise incidental to allowed uses and activities must be considered in balancing the protection
of public peace and individual freedoms.
Section 15-8.2. Same—Terminology and standards.
All terminology used in this section shall be as defined herein, or if not defined, given plain
meanby reference to common dictionary definition. When interpretation is required by
refertace to a source more definitive than this code or a dictionary, reference shall first be made
to pu5dications of the American National Standards Institute (ANSI):
A-weighted sound level. The sound pressure level in decibels as measured on a sound level
mete], 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 (1) lot or parcel of property from another.
C instruction.Any site preparation,assembly,erection,substantial repair,alteration or similar
actioik but excluding demolition, for or on public or private right-of-way, structures, utilities or
simila, property, and excluding well pointing.
Decibel (dB). A unit for dig measuring the amplitude volume of sound or noise, equal
to twe ity (20)times the logarithm to the base ten(10) of the ration of the pressure of the sound or
noise neasured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-
newts is per square meter).
Demolition.Any dismantling,intentional destruction or removal of structures,utilities,public
or private right-of-way surfaces or similar property.
B,nergency. Any occurrence or set of circumstances involving actual or eminent physical
traurr:or property damage which demands immediate action.
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Etnergency vehicle. A motor vehicle used in response to a public emergency or to protect
persons or property from imminent danger.
Emergency work. Any work performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency. necessary to restore
probgrty to a safe condition following a public calamity, work to restore public utilities, or work
requi ed to protect person or property from an imminent exposure to danger.
4'quivalent. The level of a constant sound, which in a given situation and time period, has the
same sound energy as does a time varying sound. ' •- ' • ••- . - :, - -. -
square, A weighted sound pressure, the time interval over which measurement is taken as being
speci 7 ed.
Holiday. Those annual holidays designated in 5 U.S.C. 6103 to include additional days of a
celeb•atory nature, more specifically; New Year's Eve, Cinco De Mayo and St. Patrick's Day.
impulse noise. A discrete noise or series of such noises of short duration (generally less than
one ( ) second) in which the sound pressure level rises very quickly to a high before decaying to
the background level. Examples of sources of Impulse noise,includes explosions and the discharge
of fir;iarms.
AI sound level. The sound level exceeded for more than ten (10) percent of a measurement
perioi which for the purposes of sections 15-8 through 15-8.53 shall not be less than ten (10)
minu es.
l'MAX. The maximum A-weighted sound level for a given event.
legal holidays. Those recognized by the City include New Year's Day, Martin Luther King,
Jr. E ay, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Tha sgiving Day, Day After Thanksgiving, Christmas Eve, and Christmas Day or any other
legalt' recognized holiday.
I oud and Raucous Sound. Factors for determining whether a sound is loud and raucous
incluAlY. but are not limited to:
a. The proximity of the sound to sleeping facilities. whether residential or commercial;
b. The land use, nature, and zoning of the area from which the sound emanates and the
area where it is received or perceived;
c. The time of day or night the sound occurs; and
d. Whether the sound is recurrent, intermittent, or constant.
Maximum sound level. The greatest A- weighted sound level reading obtained when
measµking a source of sound during a designated time interval using the fast meter exponential
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integration time. - . ' -- --- - - ., - - - - - . . . : :
Micropascal. The international unit for pressure, analogous to pounds per square inch in
Engl sh units; 1 microPascal is one millionth of a Pascal; the reference pressure used for airborne
soun I is 20 microPascals.
Motorboat. Any boat or vessel propelled or powered by machinery whether or not such
macF finery is the principal source of propulsion; including but not limited to boats, barges,
amphibious craft, water-ski towing devices,jet skis and hover craft.
Motorized equipment. Any self-propelled vehicle, such as, but not limited to, passenger cars,
trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, gopeds, dune
bugg.es, all-terrain vehicles or racing vehicles which are propelled by mechanical power. 1
Multifamily dwelling. A building or other shelter that has been divided into separate units to
house more than one (1) family.
Mise. • • . . : .•_• ., . . .. . - - - -• - - - - -. . _ .,
, . _ _ -: . _ _. _ .,• . For the purposes of this chapter, Noise
is any sound that is in violation of any provision of this Chapter.
•ise disturbance.Any sound or noise,in quantities,which are-er areplainly
audi 4 - and may be potentially harmful or injurious to human health or welfare, animal or plant
life, i property, or unnecessarily interfere with the enjoyment of life or property, including
outdoor recreation . : : _ . - . • ' ' ' •_ . Any plainly audible noise
whic is so harsh,prolonged, unnatural, or unusual in time or place as to occasion discomfort to
any I ;rsons within the neighborhood and/or adjacent neighborhood(s) from which said noises
ema e, or as to interfere with the peace and comfort of neighbors or their guests, or operators or
custoI ers in places of business, or as to :- --- - . . .- 'negatively affect such
resid, ces or places of business.
•ise sensitive zone.Existing quiet zones until designated otherwise by a competent authority.
Nois; .ensitive activities zones include but are not limited to operations of schools, libraries open
to pu, ic, churches, synagogues, mosques, hospitals, residential zones(after 11 p.m.),and nursing
horn,.:.
IP tave Band Sound Level. The unweighted sound pressure level in the specified octave band.
rson. Any natural person,individual,association,partnership,er corporation,municipality,
gove o ental agency, business trust, estate, trust, two or more persons having a joint or common
inter:- or any other legal entity antes including any officer,employee,department,agency,
or in, umentality of the United States, a state or any political subdivision of a state or any other
entit hatsoever or any combination of such,jointly or severally.
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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 ve nicle which is not designated to carry persons, including but not limited to any model airplane,
boat, ear or rocket.
? ivate right-of-way. Any street, avenue, boulevard, highway, sidewalk, bike path, or alley,
or similar place, which is not owned or controlled by a governmental entity.
?ublic 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 .) contiguous one-third octave bands by five (5) dB for center frequencies of 500 Hz and
above by eight (8) dB for center frequencies between 160 and 400 Hz and by fifteen (15) dB for
center frequencies no less than or equal to 115 Hz.
Peal 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.
Receiving land use. The land, which is receiving the noise or sound as designated by the City
of Boynton Beach Zoning Map(and for recently incorporated areas,the effective zoning category).
Residential. A parcel of land whose use is designated to provide only permanent housing and
exclua ing 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.
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.
,$cFund disturbance. Any sound or noise which is:
(1) Plainly audible beyond a distance of twenty-five (25) feet or further from the
appa t property line from which the sound emanates, in a single residential zoning district, or
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(2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates
or is plainly audible twenty-five (25) feet or further from the apparent property line from which
the s yund emanates in multi-family residential zoning districts.
(3) Plainly audible beyond a distance of one hundred (100) feet or further from the
appa_ent property line from which the sound emanates when the sound emanates in a commercial
zonin district and is heard in a residential zoning district.
(4) Plainly audible beyond a distance of one hundred (100) feet or further from the
appa•cnt property line from which the sound emanates when the sound emanates in a public use
zonini district and is heard in a residential zoning district.
Fir 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
treatm ent.
S)und 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
emplayed is not indicated, the A-weighting shall apply.
Sound level meter. An instrument which includes a microphone, amplifier, RMS detector,
inter itor or time averager, output meter and weighing networks used to measure sound pressure
level; 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 S 1.4-
1971 or is successor publications.
Sbund 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.
Lirse. Any activity, event, operation or facility which creates noise.
Weekday. Any Shy Monday through Thafsday Friday (at 6 p.m.) which is not a Legal
holid ty as defined herein.
Weekend. Any Friday Saturday or Saturday Sunday (until 8 p.m.).
Section 15-8.3 —Same— Program Administration.
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;a) The noise and sound control program established by sections 15-8 through 15-8.$9shall
be administered by the city manager, or his/her designee, of the City of Boynton Beach,
Florida.
;b) For the purposes of section 15-8.-g9and its enforcement, municipal employees or officials
engaged in the measurement of noise or sound, assessing compliance with such sections,
making recommendations for noise and sound abatement, issuing noise and sound
violations citations, or giving evidence regarding noise and/or sound violations shall have
received formalizedl(sl] training on these subjects from institutions or organizations of
recognized ability and experience in environmental acoustics and noise and sound control.
Section 15-8.4. Same—Inspections.
Lpon presentation of proper credentials, the city manager or his/her designee, may enter
and/or inspect any private property, place, report or records at any time when granted permission
by the owner, or 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
juris .ction upon showing of probable cause to believe that a violation of sections 15-8 through
15-8k9 may exist. Such inspection may include administration of any necessary tests.
Section 15-8.5. Sound and noise Noise control— Prohibited acts.
No person shall make, continue or cause to be made any noise or sound disturbance. The
maki ig of noise or sound in violation of this chapter shall constitute prima facie evidence of a
noise and/or sound disturbance.
(a) Sound or noise Neise disturbances prohibited. No person shall unnecessarily make,
conti nue or cause to be made or continued any sound or noise disturbances.
(b) Specific prohibitions. The following acts, which enumeration shall not be deemed to be
exclusive, and the causing or permitting thereof in such a manner as to create a noise or sound
distu-bance across a residential or commercial real property line, or within a noise sensitive zone,
or at el)/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 tho
opert on or playing of any radio, television, or phonograph, which produces or reproduces sound
either mechanically or electronically. The playing, using, operating or permitting to be played,
used Jr operated, any radio, phonograph or musical instrument, or other machine or device for the
producing or reproducing of sound in such a manner or with such volume, that is plainly audible
to any person other than the player(s) or operator(s) of the device, and those who are voluntarily
listening to the sound, and is plainly audible from apublic street, the adjacent lot nearest to the
source, or at a distance of twenty-five (25) feet or more, particularly during the hours between
11:0() p.m. and 7:00 a.m.
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(2) Loudspeakers. Using or operating for any purpose other than those activities
sped fically 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, of bird or fowl which
€ y persistently , howls, barks, meows, squawks, bays, cries or
otherwise makes noises or sounds which create a noise or sound disturbance or is plainly audible
from a public street, and/or from a distance of twenty-five (25) feet and/or from the adjacent lot
near st to the building, structure, or yard in which the animal, bird or fowl is located. A person is
respc visible for an animal, bird or fowl if the person owns, controls, or otherwise cares for the
animal, bird or fowl. It shall be an affirmative defense to any charge hereunder that such animal,
bird )r fowl was emitting such noise in response to an intrusion upon the premises by any person.
(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 c ause a noise or sound disturbance.
(6) Construction. Operating or causing the operation of any tools or equipment used
in co l struction, 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
mech anical equipment located on real property including HVAC equipment, motors, engines,
pumps, compressors, fans, tools, machinery, and its component parts, or any other similar
static nary mechanical devices and their component parts except as otherwise exempted in section
15-8.k(6).
(8) Motorboats. Operating or causing the operation of a motorboat in such a manner
as to ;,ause a noise or sound disturbance.
(9) Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess
of a in)rmal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00
a.m., so as to create a plainly audible sound across a residential real property line or on a public
right.of-way or public property, or that is plainly audible to an occupant of a dwelling unit within
a bui,filing other than an occupant of the unit from which the sound emanates, that can be heard
from a distance of twenty-five (25) feet or more from the source, particularly in noise-sensitive
zones. This section is to be applied only to those situations where the disturbance is not a result of
the co stent of the communication but due to the volume,duration, location,timing or other factors
not b wed on content.
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(10) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or
in still a manner as to cause loud grating, grinding, rattling or other noise that is plainly audible
fromdistance of twenty-five (25) feet or more.
(11) Operating or permitting the operation of powered model vehicles, either
airbc e, waterborne, or landborne, which are designed not to carry persons or property, such as,
but n t limited to, model airplanes, boats, cars, rockets, and which are being propelled by
mech nical means, within a public recreation area or park other than those areas specifically
desig ated for such purpose by the city commission.
(12) The creation of any sound or noise on any street adjacent to a noise sensitive
zone where those entities defined herein as being part of a noise sensitive zone are in operation,
whic is plainly audible within the entity, from a distance of twenty-five (25) feet from the noise
or so nd, and interferes with the operation of the entity,provided conspicuous signs are displayed
in su� streets indicating that the same is a school, hospital or court street.
I (13) The sounding of any horn or signaling device, except as a danger warning, for
any unnecessary or an excessive period of time or the reasonable use of any horn or signaling
device, in such a manner as to cause a noise or sound disturbance.
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I (14) The creation or permitting of any loud or raucous noise or sound so as to disturb
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the place, quiet or comfort of a residence within the immediate or adjacent neighborhood.
(15) Vibration. The creation or permitting of any sound or noise that produces a
groun1l vibration, noticeable, without instruments, at the lot lines of the property from which the
sound or noise emanates, provided there shall be excepted from the provisions of this subsection
the use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like
equi "ment used in standard construction between the hours of 7:30 a.m. to 6:00 p.m. of any day.
c) Generators — exemption. Notwithstanding the foregoing prohibited acts, the use of
gaso the or propane powered generators is permitted during periods of power outage following
natu disasters and during periods of maintenance. Operation for purposes of maintenance of the
gene ator shall only occur during daylight hours on weekdays and only for the minimum amount
of ti e required by the manufacturer. Any person using a generator, except during periods of
pow r outage following natural disasters, is subject to the restrictions on noise generation as
othe ' ise set forth in this chapter.
Section 15-8.6. Same—Exemptions
The llowing acts and the causing or permitting thereof shall be specifically exempted from the
proh. itions of section 15-8.5
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) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as
estab i.hed in Chapter 316,Florida Statutes,and applicable rules and regulations of the Department
of Hi: way Safety and Motor Vehicles, provided however, that this exemption shall not apply to
any s i nd emitting devices which may be attached to any motor vehicle as prohibited by section
15-8. , b)(2).
') Aircraft and interstate railway and locomotives and cars. Noise or sound generated by
aircr. ' and interstate railway locomotives and cars are exempt from these provisions.
) Emergency activities. Any noise or sound generated as a result of emergency work or for
the p loose of alerting the public to the existence of an emergency situation.
• ) Public speaking and assembly. Any noise or sound generated by any noncommercial
publi* .peaking or public assembly activities conducted pursuant to lawful authority on any public
space f r right-of-way, including sporting events.
) Domestic power tools and lawn maintenance equipment. Any noise or sound generated
by the •peration and use of domestic power tools and lawn maintenance equipment.
i+) Fixed mechanical equipment, noise or sound generated by the operation and use of air
condi i•ning units in residential districts.
1 ) Nonamplified solo musical instrument played by an individual within a private residence
betwe= the hours of 9:00 a.m. and 8:30 p.m.
i:) Construction. The foregoing provisions of Section 15-8.5(a), (b)and subparagraph(6) of
this s: 1 tion shall not apply to any municipal, county or state public works, emergency matters or
matte i• having an effect on the public health, safety and welfare of the city in those zoning districts
of mi -d-use, commercial and industrial, and where the noise or sound disturbance across a
reside' ial property line would not exceed those sound and noise limits set forth in section 15-8.8
of thi• • iclellszl.
I') Any vehicle of the city while engaged in necessary public business.
10)Noises and sounds of authorized safety signals and warning devices.
1)Noises and sounds resulting from emergency work, which is to be construed as work
made -cessary to restore property and/or utilities to a safe condition following a public emergency,
or wol required to protect persons or property from any imminent exposure to danger. This
exem s 11 on includes noises from emergency communications and utility work following a public
calam ' and in connection with restoration of service operations.
I 2)Noises and sounds resulting from community events, including but not limited to, fairs,
sporti 1 . events, school activities, community festivals, etc., : . •. - - - -
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Section 15-8.7. Same—Penalty for violation.
Any person, firm or corporation convicted in a court of competent jurisdiction of a violation
of sec dons 15-8 through 15-8.89 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
Boar] shall have the authority and jurisdiction to prosecute such offenses. Each day complaint of
said violation continues shall be a separate offense.
Section 15-8.8. Same—Sound levels by receiving land use.
(1) Sound and noise limits established. No person shall operate or cause to be operated any
source of sound or noise as enumerated in section 15-8.5(b), and unless specifically
exempted by section 15-8.6, in such a manner as to create a sound or noise disturbance or
an exterior or interior sound level of any origin which exceeds the limits set forth for the
receiving land use category in question for than ten (10) percent 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 noise and sound level limits. Permissible noise and sound levels for noises or sounds
transmitted to receiving land use areas shall not exceed the following limits for L10 sound
or noise levels as defined herein. For the purpose of these sound and noise control
provisions, such sound or noise levels shall be determined using FAST meter responses:
Receiving Land Emanating Land Category Time Level Limit
Use Use
L10 Sound Residential Exterior Sun. — Thurs. 60 (dB)A
7:00 a.m.— 11:00
p.m.
L10 Sound Residential Exterior Fri. & Sat. and 55 (dB)A
Holidays 11:00
p.m. to 7:00 a.m.
L10 Sound Residential Exterior Sun. — Thurs. 55 (dB)A
12:00 a.m.-7:00
a.m.
L10 Sound Commercial Exterior At All Times 65 (dB)A
L10 Sound Residential Interior Sun. — Thurs. 50 (dB)A
7:00 a.m to 11:00
p.m.
L10 Sound Residential Interior Fri. & Sat. and 50 (dB)A
Holidays 7:00
a.m.— 12:00 a.m.
(0024160 '306-9001821}
CODI\G: Words in stri1�type are deletions from existing law;
Words in underlined type are additions.
13
L 1 I Sound Residential Interior Sun. — Thurs. 45 (dB)A
12:00 a.m. to
7:00 a.m.
Ll I Sound Commercial Interior At All Times 55 (dB)A
c) Maximum sound and noise level limits. The maximum sound and noise level from any
applable sound and noise sources shall not exceed the L10 sound and noise level limits by more
than tie values listed below:
I 0 (dB) from 7:00 p.m. to 11:00 p.m.
11
c (dB) from 11:00 p.m. to 7:00 a.m.
1) Pure tone and impulse noise or sound. For any source of sound or noise which emits a
pure one or an impulse noise or sound, as defined herein, the sound or noise level limits for L10
and aximum sound or noise levels shall be reduced by five (5) (dB)A.
) District Boundaries. When a noise or sound source can be identified and its noise or sound
can t1• measured in more than one land use designation, the pressure level limits of the most
restr hive use district shall apply at that designation boundary.
The burden shall be on any person contesting the equivalent sound levels to establish the
actu.li equivalent sound or noise level by clear and convincing evidence.
II
Section 15-8.9 Same—Measurement of Noise and Sound
ij
I iti determining whether a violation of this article has occurred, the complaint of noise shall be
measured by the code enforcement division or police department according to the following plainly
audible standard:
(1) The primary means of measurement shall be by ordinary, auditory senses of a
reasonable person with normal sensitivities, so long as any mechanical device does
not enhance their hearing, such as a microphone or hearing aid.
(2) The measurement shall be taken on, or as near as possible to the real property line of
the property upon which the sound or noise source is located, and in any event from
a location not less than twenty-five (25) feet from the source measured in a straight
line.
(3) When applicable, sound and noise shall be measured with a sound level meter. The
sound or noise level shall be measured at a distance no closer to the point from which
the sound or noise in question is emanating than the property line of the parcel or lot
from which the sound or noise is emanating or through partitions common to two (2)
parties within a building.
(0024160 306-9001821)
CODING: Words in strip type are deletions from existing law;
Words in underlined type are additions.
14
(4) A measurement period shall not be less than ten (10) minutes in duration. The sound
or noise being measured shall be representative of the sound or noise which instigated
the complaint.
(5) A measurement shall be recorded so as to secure and ensure an accurate representation
of the sound or noise.
(6) A measurement should be taken at approximately five (5) feet above the ground or
water surface away from any obstruction or reflecting surface.
(7) When necessary, a microphone windscreen shall be required to avoid wind noise
biasing of a measurement.
(8) All manufacturers' directions on the operation of the sound level meter shall be
followed (e.g., proper microphone angle).
(9) All sound level meters used for measurement shall be in conformance with ANSI
section 1.4-1983, as amended.
(10)All octave and third octave band filter sets of the sound level meter shall be in
conformance with ANSI section 1.11-1976, as amended.
(11)Instrumentation for sound level measurements may be class 1 or class 2 (ANSI
section 1.4-1971), as amended.
(12)Measurements of sound and noise shall be made by individuals trained in a noise or
sound measurement program approved by the county or other training facility.
(0024160,.3 306-9001821)
CODING: Words in str:'��type are deletions from existing law;
Words in underlined type are additions.
15