HomeMy Public PortalAboutOrdinance 1965 - Amending Section 30-1 - Regulation of NoiseORDINANCE NO. 1965
AN ORDINANCE AMENDING NOISE REGULATIONS
WITHIN THE CITY OF CRESTVIEW; PROVIDING FOR
AMENDMENT OF SECTION 30-1 OF THE CODE OF
ORDINANCES; PROVIDING FOR AUTHORITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF
CONFLICTING CODES AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS
FOLLOWS:
SECTION 1— AMENDING SECTION 30-1 OF THE CODE OF ORDINANCES.
Sec. 30-1. Regulation of noise —Generally.
(a) It shall be unlawful for any person to willfully make, continue or
cause to be made or continued any loud and raucous noise, which
term shall mean any sound which, because of its volume level,
duration and character, annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of reasonable persons of
ordinary sensibilities within the limits of the city.
(b) The following acts, among others, are declared to be loud and
raucous noises in violation of this section, which enumeration shall
not be deemed to be exclusive:
(1) Horns and signaling devices. The sounding of any horn or
signaling device on any automobile, motorcycle or other
vehicle on a street or public place of the city, except as a
danger warning; the creation by means of any such signaling
device of any unreasonably loud or harsh sound; the
sounding of any such device for an unnecessary and
unreasonable period of time; the use of any signaling device
except one operated by hand or electricity; the use of any
horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for
any reason held up. The use of sirens, except by authorized
emergency vehicles, is prohibited.
Wage
(2) Loud vocal noises. Vocal noises made in a loud and raucous
manner between the hours of 11:00 p.m. and 7:00 a.m., so as
to annoy or disturb the quiet, comfort or repose of persons in
any office or other place of business, or in any dwelling,
hotel or other type of residence.
Construction activities and construction equipment.
Construction activities and use of any construction
equipment on any given property that creates noise that is
not perceivable from any single-family residential property
may take place between sunrise and sunset every day of the
week. Construction activities and use of any construction
equipment on any given property that creates noise
perceivable from any adjacent single-family residential
property may only take place between sunrise and sunset on
weekdays and Saturday with the following exceptions:
a. Those activities conducted by homeowners or
tenants of single-family residences for personal, non-
commercial purposes may take place on Sunday.
b. Emergency utility or infrastructure -related repairs
may take place on any day or at any time as necessary
to make the needed repairs.
(3)
Wage
(4) Schools, courts, churches, hospitals, medical facilities. The
creation of any excessive noise on any street adjacent to any
school, institution of learning, medical facility, church or
court, while the same is in use, or adjacent to any hospital,
which unreasonably interferes with the workings of the
institution or which disturbs or unduly annoys patients in a
hospital; provided, that conspicuous signs are displayed in
such streets indicating that such street is a school, medical
facility, hospital, or court street.
Electronic sound amplification. The use of electronic sound
amplification equipment in such a manner as to produce a
sound which is capable of being heard at a point in excess of
50 feet from the building, structure, or vehicle containing
said equipment between the hours of 11:00 p.m. and 7:00
a.m. is prohibited except when such use is conducted in
conjunction with a permitted special event. "Electronic
sound amplification equipment" means any machine or
device used for the amplification of the human voice, music
or any other sound.
(c) The provisions of subsections (b)(1) through (5) are intended to be
construed to secure for the people freedom from unwanted loud and
raucous noise as described in this section without violating any of
the rights secured by the Constitution to the people, and are not
intended, nor shall they be construed, to regulate the usual and
customary noise incidental to urban life.
(5)
Wage
SECTION 2 — AUTHORITY. The authority for enactment of this ordinance is section 166.021,
Florida Statutes and Section 2 of the City Charter, and the City of Crestview Land Development
Code.
SECTION 3 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or application, and to
this end the provisions of this ordinance are declared severable.
SECTION 4 — SCRIVENER'S ERRORS. The correction of typographical errors which do not
affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's
designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk.
SECTION 5 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
SECTION 6 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND
RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter
provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 7 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 25th day
of March 2024.
Approved by me this 25th day of March, 2024.
J. B. Whitten
Mayor
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