O01-550RDINANCE N0. 0 01- ~'~'-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 15, ARTICLE 1. BY
ADDING A NEW SECTION 15-10 OF THE CODE
OF ORDINANCES; PROHIBITING SOUND
DISTURBANCES IN RESDENTIAL ZONING
DISTRICTS; PROVIDING FOR DEFINITIONS,
METHODS OF ENFORCEMENT, AND
PENALTIES; PROVIDING FOR CONFLICTS,
SEVE1LABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WItEREAS, the City Commission recognizes that the intmsiun of excegsively loud
sounds in residential neighborhoods of the City has the potential for dismptipg the quiet
] lenjoyment of property that is necessary to peaceful and productive living; and
I VCItEREAS, the City Commmslon has been advised that enforcement of soun
Udismrbances is often hampered by the technical enforcement standards currentlT~ requnced by
the City of Boynton Beach Noise Control Ordinance; and
VO-IEREAS, the City Commission intends to establish, by the adoption of this
~rdinance a simpler and more practicable means for identifying and prohibiting excessively
oud sounds that interfere with a property owners quiet enjoyment of their property, without
regard to the message or content of the sound; and
VCHEREAS, upon the recommendation of staff, the City Commission deems it to be
in the best interest of the citizens and residents of the City to amend Chapter 15 of the Code
of Ordinances to prohibit sound disturbances in residential zoning districts d ning certain
hours of the day;
NOW TllEREFORE, BE IT ORDAINED BY TIlE CITY COMM [SSION OF
THE CITY OF BOYNTOi~ BEACH, THAT:
a
subsectionSecti°n 1. 15-10Chapteras follows:15' "Offenses-Miscellaneous" is hereby amended by creating new
Sec. 15-10. Sound control-Short title.
ThiSsoundOrdimnCecontrol OrdmanShall' be cekn°wn. ,, and may be cited by the short title of "City of Boynton Beach
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>ec. 15-10.. Purpose.
A. It is the purpose of this ordinance to preserve the peace and tranquility of residantial
aeighborhoods by prohibiting excessively loud sound and by requiring abatemem of
excessively loud sound.
B. This section shall apply re the control of sound originating within the jurisdictional
limits of the City of Boynton Beach without regard to the content, meaning, or message of
the sound. II is the express intent that enforcemem of these regulations shall be content
neutral.
Sec. 15-10.2, Terminology and standards.
All terminology used in this ordinance, shall be as defined herein or, if not defined, given
~lan meaning by reference to common dictionary definition. When interpretation is required
y 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):
Apparent'Proper .ty line. The line along the surface, and its vertical plane extension,
0vhich separates one lot or parcel of property from another.
Decibel (dB). A unit for describing the amplitude of sound, equal to twemy (20) times the
togarithm 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).
Emergency. Any occurrence or set of circumstances involving actual or eminent physical
ucauma or property damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the
physical ucauma or property damage threatened or caused by an emergency.
National Holiday. Those annual holidays designated in 5 U.S.C. 6103.
Person. Any individual, association, partnership or corporatiorb and includes any officer,
employee, department agency, or instrumentality of the United States, a state or any political
subdivision of a state.
?lainly audible. A sound which is capable of being heard by a human being without the
~ssistance of a mechanical or electronic listening or amplifying device.
~ound, An oscillation in pressure, stress, particle displacement, particle velocity or other
)hysical parameter, ~n a medium with internal forces. The description of sound may include
my characteristic of such sound including duration, intensity and frequency.
Sound disturbance. Any sound which is:
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(i)
plainly audible beyond a distance of twenty five (25) feet or further from the
apparent propc~rty 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 wlfich the sound
emanmes or is plainly audible twenty five feet (25) feet or furtl~er 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 properly line from which the sound emanates when the sound
emanates in a commercial zoning district and is heard in a reside/ttial zoning
district.
7or 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.
Weekday. Any day Monday through Friday.
Weekend. Saturday or Sunday.
;ec. 15-10.3. Administration.
?he sound control program established by this ordinance shall be adn'finistered 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.
ec. 15-10.5. Prohibited acts.
lo person shall make, continue or cause to be made or continued any sound disturbances, as
termed herein, between the hours of 10:00 P.M. and 6:00 A.M on weekdays and between
Jae hours of 12:00~ A.M. and 7:00 A.M. on weekends or national hohdays.
aec. 15-10.6. Exemptions.
gound emanating from the following acts and the causing or permitting thereof shall be
)ecifically exempted from the prohibitions of section 15-10.5.
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(D
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.
(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 emerge~lcy work or
for the propose of alerting the public to the existence of an emergency
situation.
(4)
Domestic power tools and lawn maintenance equipment. Any sourid 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.
',ec. 15-10.7. Enforcement and Penalty.
The City Code Enforcement Board shall have jurisdiction to hear and decide cases
m which violations of this Chapter are alleged, or
B. The City may enforce the provision of this Code by supplemental Code or
Ordinance enforcament procedures as provided by Part 2 of Chapter 162, Florida Statutes,
or
C. The City may prosecute violations by ~ssuance of Notices to Appear for violation of a
City Ordinance, in which case, the pe~mlty for a violation shall be as follows:
(1) First violation - $50.00
(2)
Second violation wittfin twelve (12) months of adjudication of ftrst
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 sqparate
violation for the purpose of determining the fine.
D. A violation of this Article may be prosecuted as a nursance. The City Attorney may
>ring suit on behalf of the City, or any affected citizen may bring suit in his/her name against the
~erson or persons causing or maintaining the violations, or against the own.erlagent of the
}nilding or property on which the violation exists. Relief may be granted according to the toxins
md conditions of Chapter 60, Florida Statutes, entitled Abatement of Nmsances.
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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 idisc jockey
roducin sound upon any business premises, any person playing, producing o~ controlling
P g .
music, or other sound, any person havmg control of the volume of mus.m or so ,~.cl, and ~e
business as named on the occupational license where the music or sound ~s emana..tn~.g may oe
jointly and severally liable for compliance with this Article and shall be respor~ible for any
violations hereof.
3. No citation or notice to appear for a violation of this ordinance shall be issued until a law
mforcement officer or code enforcement officer has made contact with the owner, occupant or
aperator of the property from which ~e offending s.ound e,nlan~_~s~,to re?e5 ~ab~atje~5,e]at .of ~
offending sound. When a request for abatement ~s maoe aha me .orre~. ~.mn.g. s~ouna m,not
[mediately abated, or if it resumes w~.tl~, umew (.90) minutes follow~n, g m~a.! at>~at_e~_.en~t., o,r
occurs again within three (3) days, a citation or nottce to appear may ~ssue w~thout actmuonat
request for abatement.
Section 2. Each and every other provision of Chapter 15, of the Code of Ordinances of
the City of Boynton Beach not herein specifically amended shall remain in full rome and
effect as previously enacted.
iection 3 All ordinances or parts of ordinances in conflict herewith be and the same are
Xereby repealed, prodded that no portion of the City of Boynton Beach Naise Control
~rdinance shall repealed. The provisions of this ordinance shall constitute an alternate and
~pplemental means of enforcement to the City of Boymon Beach Noise ControI Ordinance.
t nforce th~s ordinance it shall be
Section 4. In action or proceeding o e prima facia
evidence that prohibited music or other sound is audible at the property line oI the property
from which the sound is emanating if the prohibited sound can be measured at adecibel level
exceeding 65 dB, provided however, that no decibel level readings need be taken to
~ubstantiate a violation of this Article.
Section 5. Should any section or provision of this ordinance or portion hereof, any
~ai:agraph, sentence or word be declared by a court of competent jurisdiction [o be invalid,
uch decision shall nor affect the remmnder oftlfis ordinance.
;ection 6. Authority is hereby granted to codify said ordinance.
Section 7. This ordinance shall become effective immediately upon passage
FIRST READING this (O dayof Motte.~10~r , 2001.
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SECOND, FINAL READING AND PASSAGE this
Iq ~ yeml~,~r' ,2ooL
day of
missioner
Co~ission~
)rdinan¢¢.do¢
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