§ 54-92. Maximum permissible sound levels.

(a)

Classification or use occupancy. For the purposes of defining "use occupancy" in the Ordinance, the following classifications shall apply:

(1)

All premises containing habitually occupied sleeping quarters shall be considered residential use.

(2)

Premises containing transient commercial sleeping quarters shall be considered tourist use.

(3)

All premises containing businesses where sales, professional, or other commercial use is legally permitted shall be considered commercial use.

(4)

All premises where manufacturing is legally permitted shall be considered manufacturing use.

(5)

Nursing homes, hospitals, hospices, public or private schools including colleges and universities, libraries in use, churches in use, and courts in session shall be considered residential uses.

(6)

Legally permitted use(s) of the site or unit shall supersede the zoning classification of the site or unit and in cases of multiple uses, the most restrictive actual lawfully permitted use shall supersede and control the zoning classification applicable to that site or unit.

(7)

Each site or unit not otherwise classified as to zoning shall conform to the commercial sound-level limits.

(b)

Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy.

(1)

No person shall operate, or cause or suffer to be operated any source of sound from any use occupancy in such a manner as to create a Sound Level, after applicable character of sound adjustments, if any, which exceeds the limits set forth for the use occupancy category in Table I. No Sound tested by a Sound Level Meter shall be deemed to be in violation of this Ordinance unless the offending Sound exceeds the Sound Level limits in Table I, and also exceeds the then existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), at the sound-affected site or unit. Sounds that are tested shall be measured at or within the property boundary of the sound-affected site or unit from which the complaint originated. In order to file a complaint, the complainant must provide his/her name, address and phone number. The test equipment should normally be at a distance greater than fifty (50) feet from the sound source unless there is a valid reason for measuring at a closer distance. A "valid reason" exists where land use, location, zoning, physical barriers, and/or acoustical impediments adversely affect the accuracy of sound measurements. Measurements shall be made in accordance with the latest revision of ANSI Standard S1.13, "Measurement of Sound Pressure Levels in Air". Test equipment shall be placed at a height at least three (3) feet above the ground and at least four and one-half (4½) feet away from walls, barriers, obstructions and any other sound-reflecting surfaces that might affect the measured Sound Level(s). Microphone wind screens shall be used when appropriate. The measured Sound Levels used for comparison with the Table I Sound Level limits shall be the equivalent A-weighted Sound Level and equivalent C-weighted Sound Level measured over a minimum duration of sixty (60) seconds, after correction for the applicable A-weighted or C-weighted Ambient Sound Level. No person shall hinder, obstruct, delay, resist, prevent in any way, interfere with, or attempt to interfere with any authorized person while he or she is in the performance of duties pursuant to this Ordinance. The Board, by resolution(s), after public hearing thereon, may make, adopt, amend and repeal rules and administrative orders to implement, administer and enforce this Ordinance.

TABLE I

Zoning/Use at the location of the Sound-affected Site or Unit	Time of Day or Night*	Sound Level Limits
		dB(A)	dB(C)
Residential	7:00 a.m. to 10:00 p.m.	60	72
	After 10:00 p.m. to 7:00 a.m.	55	67
Commercial or tourist	7:00 a.m. to 10:00 p.m.	65	77
	After 10:00 p.m. to 7:00 a.m.	60	72
Manufacturing or industrial	At all times	75	87
Agricultural	At all times	75	87

 

*  All times are the current local standard or daylight savings time in effect during the test, as applicable.

(2)

Correction for Ambient Sound Level shall be made as specified in Table II, below. If the measured difference between the applicable Ambient Sound Level and the alleged violating Sound Level is five (5) dB(A) or five (5) dB(C), each alleged violating sound level shall be reduced by two (2) dB(A) or two (2) dB(C). If the measured difference is six (6) to eight (8) dB(A) or dB(C), the alleged violating Sound Level readings shall be reduced by one (1) dB(A) or one (1) dB(C). If such measured difference is nine (9) or more dB(A) or dB(C), the alleged violating Sound Level shall not be adjusted based upon the difference. Fractional decibels shall be rounded to the nearest whole decibel.

TABLE II

Difference between alleged violating Sound Level*and Ambient Sound Level*	Correction (to be subtracted from the measured alleged violating Sound Level*)
9 and higher	0
6—8	1
5	2

 

*  Sound Levels in dB(A) or dB(C)

(c)

Correction for character of sound.

(1)

Pure Tone. For each sound that is a Pure Tone, the Sound Level limits set forth in Table I shall be reduced by five (5) decibels at sound-affected sites/units in residential use or zoning.

(2)

Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five (5) impulses an hour), the Sound Level limits set forth in Table I shall be increased by ten (10) decibels from 7:00 a.m. to 10:00 pm.

(d)

Multifamily Dwellings. This subsection applies only to sounds when measured within a multifamily residence unit (occupied in whole or in part as the temporary or permanent residence of one or more natural persons) in residential, tourist residential, or commercial use or zoning and the building contains two or more such dwelling units. It shall be a violation of this Ordinance to emanate any Sound, including from Equipment, live performance music, or Amplified Sound, that, when measured inside of the Multifamily Dwelling unit in residential or tourist residential use or zoning, completely enclosed by walls and a roof with all doors and windows closed, exceeds 53 dBA anytime between the daytime hours of 7:00 a.m. to 10:00 p.m., or exceeds 45 dBA anytime between the nighttime hours of 10:00 p.m. and 7:00 a.m.

(e)

Mixed-Use Projects. This subsection shall only apply if both the sound-affected site/unit and the source of the sound are located within the same Mixed-Use Project. In the case of a Mixed-Use Project, and notwithstanding anything to the contrary as may be contained in this Ordinance, it shall only be a violation of this Ordinance to emanate any Sound (including from Equipment, live performance music, or Amplified Sound) that, when measured from inside of the sound-affected residential dwelling unit, completely enclosed by walls and a roof with all doors and windows closed, exceeds the limits set forth in Table III below. No Sound tested by a Sound Level Meter shall be deemed to be in violation of this subsection or this Ordinance unless the offending Sound exceeds the Sound Level limits in Table III and also exceeds the then existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), as applicable to the respective A or C frequency-weighting network, when measured from inside of the enclosed sound-affected residential dwelling unit, completely enclosed by walls and a roof with all doors and windows closed. The measured Sound Levels used for comparison with the Table III Sound Level limits shall be the equivalent A-weighted Sound Level and equivalent C-weighted Sound Level measured over a minimum duration of sixty (60) seconds, after correction for the applicable A-weighted or C-weighted Ambient Sound Level. For Mixed-Use Projects, Table I Sound Level limits shall only apply to sound-affected residential land uses or zoning located outside of the Mixed-Use Project, and shall not apply to residential uses or zoning within the Mixed-Use Project.

TABLE III

Zoning/Use at the location of Sound Affected Site or Unit	Time of Day or Night*	Sound Level Limits
		dB(A)	dB(C)
Residential Dwelling Unit	7:00 a.m. to 12:00 p.m.	53	68
	After 12:00 p.m. to 7:00 a.m.	45	62

 

*  All times are the current local standard or daylight savings times in effect during the test, as applicable.

(f)

Construction Sounds.

(1)

Power driven construction equipment. No person shall operate or permit to be operated any power driven construction equipment without a muffler or other sound reduction device that is at a minimum as effective as that recommended by the manufacturer or provided as original equipment. Construction equipment that must be operated within 2,500 feet of a residentially zoned area on a 24-hour per day basis (including, but not limited to, pumps, well tips and generators) shall be shielded by a barrier to reduce the Sound Level during the hours of 6:00 p.m. to 7:00 a.m. unless the unshielded Sound Level is less than the Sound Level limits stated in Table I.

(2)

Regulating Noise from Construction Activity.

a.

Any construction activities and site preparation activities including but not limited to land clearing and grading, excavation and vegetation removal, authorized or permitted pursuant to the provisions of this Code shall occur only during the following hours: 6:30 a.m. to 7:00 p.m., Monday through Saturday. No construction activity or site preparation activity is permitted on Sundays or on the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.

b.

Any person desiring to engage in the aforementioned activities beyond the stated hours of limitation, based upon cases of Emergency, may apply in writing to the County Manager or designee for an Emergency Construction Permit. Such application shall state all facts and circumstances demonstrating the existence of an Emergency and the need for such permit. Such permits, if granted, shall be limited to 15 days, but may be renewed for additional periods if the Emergency or need therefor continues. Requests for renewals of said permit shall be made in writing prior to the expiration of permits previously issued pursuant to this section. In the issuance of such permits, the County Manager or designee shall weigh all facts and circumstances presented and shall determine whether the reasons given for the Emergency are valid and reasonable; whether the public health, safety, and welfare will be protected or better served by granting the permit requested; and whether, should the permit not be granted, the manner and amount of loss or inconvenience to the applicant presented by the Emergency imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the County Manager or designee is authorized to issue the Emergency Construction Permit. Notice of said permit application shall be given to all property owners adjacent to the subject site. During such periods of emergency activities and during the normal construction or site preparation hours of 6:30 a.m. to 7:00 p.m., the Sound Levels generated by construction or site preparation activities shall not exceed those permitted under this Ordinance.

(3)

Exceptions. Construction activities or site preparation activities performed by the County, state or federal governments are exempt from the Emergency Construction Permit requirement, provided that such activities are conducted in compliance with applicable law, including this Ordinance.

(g)

Permitting for Amplified Sound providing outdoor entertainment.

(1)

Purpose and applicability. In order to aid in monitoring and control of Amplified Sound providing outdoor entertainment for certain public and/or private events, and provide for enforcement action to address violations of this Ordinance resulting from outdoor entertainment activities generating such Amplified Sound, a one-time, site-specific Amplified Sound Permit will be required for any commercial business or nonresidential land use (such as, but not limited to, public park, amphitheater, fraternal organization, or church) which conducts such outdoor entertainment activities within 2,500 feet of any property containing a residential use or of any residential zoning district. That distance must be measured from the location of the actual sound source within the sound-producing property to the Real Property Line of the sound-affected residentially zoned or used property. For purposes of this subsection, no Amplified Sound Permit is required where the Sound source(s) and the Sound-affected residential use or zoning are located within the same Mixed-Use Project.

(2)

Residential amenities. For the purposes of this Section, any residential amenity (including, but not limited to, clubhouses, recreation centers, swimming pools, and pavilions) will be considered a residential use and Amplified Sound from outdoor entertainment emanating from these locations will not be subject to a requirement for an Amplified Sound Permit.

(3)

Commercial establishments. In the event that any commercial establishment utilizing Amplified Sound to provide indoor (that is, occupiable space within the building walls) entertainment for public and/or private events is adjudicated by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction to be in violation of this Ordinance pursuant to the provisions of Section Six, that land use or commercial establishment will be considered to have expanded their entertainment outside the confines of the building walls and must obtain an Amplified Sound Permit, subject to all of the provisions of this Section.

(4)

Compliance with Sound Level limits. All activities governed by the Amplified Sound Permit requirements must be conducted in accordance with the provisions of Section 6.B (Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy).

(5)

Application for Amplified Sound Permit. Prior to issuance of the permit, an application must be completed which includes the following information:

a.

The name, address and telephone number of the applicant;

b.

The name, address and telephone number of the business or location at which the event will occur;

c.

Identification of the type of business or other nonresidential land use (e.g. restaurant, night club, public park, church);

d.

A sketch and description of the area in which the event will occur on the property (e.g., patio, outdoor dining area, poolside);

e.

A narrative description of any factors which might mitigate the impact of close proximity of the activity to adjacent residential use or zoning;

f.

A description of the proposed entertainment (e.g., live band, recorded music, disc jockey, theater performance);

g.

Frequency of occurrence (monthly, weekly, daily) or estimated number of events per calendar year with dates to be determined;

h.

Proposed hours of activity.

(6)

Issuance or denial.

a.

Issuance. Upon receipt of an Amplified Sound permit application, the County Manager or designee will verify that the physical location of the proposed Amplified Sound source(s) is within 2,500 feet of any residential zoning district or land use (as opposed to the Real Property Line of the property on which the Sound-producing event will occur). This distance will be measured according to a survey, if provided by the applicant, or by the Official Zoning Map, aerial photography, or other reliable and accurate means. Upon completion of such verification, the County Manager or designee shall issue an Amplified Sound Permit.

b.

Denial. The only basis for denial of an Amplified Sound Permit application shall be prior adjudication for violation of this Ordinance relating to the same Amplified Sound activity.

(7)

Terms of approval. Once granted, the permit will remain valid, so long as there is no change in use on the subject property and no substantive change to the information provided on the application. Change of ownership or change of business will not invalidate the permit so long as the use remains the same; however, the permit may be revoked in accordance with the provisions of subsection G.10. The permit and related Sound-producing activity may be reviewed periodically to ensure compliance with this Ordinance.

(8)

Fee for permit. A nonrefundable fee for the permit covering costs associated with administration and processing will be assessed in accordance with the Fee Schedule approved by the Board of County Commissioners and in effect at the time of application, and will be payable at time of application.

(9)

Enforcement. All Amplified Sound activities approved in conjunction with the permit must be conducted in accordance with the provisions of Section 6.B (Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy).

(10)

Violations. Any violations of the provisions of the permit shall be enforced in accordance with the provisions of Section Ten of this Ordinance. In the event of two (2) adjudications of violation of this Section within any 12-month period by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction, the Amplified Sound Permit shall be revoked by the County Manager or designee for one year from the date of the second adjudication, and the permitted activity must cease immediately, unless otherwise ordered. During said period of revocation, the person having held the revoked permit shall be ineligible to apply for an annual permit issued pursuant to Section Six. Appeal of the revocation of the permit must be taken in accordance with Section Nine of this Ordinance.

(Ord. No. 90-17, § 6; Ord. No. 93-77, § 3; Ord. No. 96-29, § 1; Ord. No. 00-68, § 1; Ord. No. 04-55, § 2.A; Ord. No. 07-61, § 4; Ord. No. 2008-68, § 5)