HomeMy Public PortalAboutORD 05/01ORDINANCE NO. 05/1
AN ORDINANCE OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, AMENDING CHAPTER 22, NUISANCES, ARTICLE
III, NOISE, BY INCLUDING A NEW DIVISION 3 TITLED
NOISE ABATEMENT AND CONTROL FOR GENERATORS,
INCLUDING SECTIONS RELATING TO DECLARATION OF
POLICY, DEFINITIONS, REGULATIONS, HOURS OF
OPERATION, LOCATION /SCREENING, NOISE REDUCTION
AND PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS
Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby
amended at Chapter 22, Nuisances, Article III, Noise, by including a new Division 3 to read
as follows:
"DIVISION 3. NOISE ABATEMENT AND CONTROL
FOR GENERATORS
Sec. 22 -76. Declaration of Policy - Findings.
Purpose. The purpose of this Division is to minimize the exposure
of citizens to the physiological and psychological dangers /discomforts of
excessive noise from generators and to protect, promote and preserve the
public health, safety and welfare. It is the express intent of the Town to
control the level of generator noise in a manner which promotes the use,
value and enjoyment of property, sleep and repose, and the quality of the
environment.
Findings. The problem of noise produced by existing generators in
residential districts is in need of abatement. Regulations are to be followed
by those installing a new generator or relocating an existing one. Abatement
measures are also mandatory for existing generators not meeting the
established threshold.
Sec. 22-77. Definitions.
Generator- A permanently installed accessory powered by a fossil fuel
that creates electricity.
Enclosure - A housing that accompanies the generator, usually from
the manufacturer. Custom enclosures are aftermarket enclosures allowed for
the sole purpose of noise reduction.
Decibel or dB(A) - The sound level measured in decibels, using the "A"
weighting scale which reflects the response characteristics of the human ear.
Decibel level rating - Decibel level measured from a distance of 23'
(7m) from the noise source in order to conform with manufacturers' ratings.
Sec. 22 -78. Regulations.
Generators shall have a decibel level rating no greater than 72dB(A).
Decibel level ratings vary from model and manufacturer and are found in the
manual and sales information. Generators with a manufacturer rating above
the 72dB(A) may be installed, provided that a custom enclosure reduces
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noise to 72dB(A) and has literature from the enclosure manufacturer attesting
that the sound level has been met.
Sec. 22 -79. Hours of Operation.
Generators in all residential districts may be operated for testing and
scheduled maintenance purposes between the hours of 9:00 a.m. through
5:00 p.m., Monday through Friday. Servicing for repair is permitted from 9:00
a.m. to 5:00 p.m., Monday through Saturday. There shall be no restriction as
to hours of operation when generators are operated during power outages.
Sec. 22-80. Location /Screening.
Generators shall meet or exceed the setbacks required for accessory
structures as set forth in the Town's Zoning Code. In cases where the
accessory setback cannot be achieved, generators with a decibel level rating
of 66dB(A) or less are granted an exception to be installed a minimum of
seven feet (7') from any property line.
Distances are to be measured from the actual generator and excludes
the generator's enclosure.
Generators are to be installed in a fashion where they are completely
screened from the street and abutting neighbors.
Screening methods to be employed include, but are not limited to, the
use of a concrete wall and a hedge around the perimeter of the generator.
Sec. 22 -81. Noise Reduction.
Although noise reduction is encouraged across the board, preexisting
generators that exceed the 72dB(A) decibel level rating limit are to be muffled
by one or more of the following techniques:
(a) A professionally made custom enclosure specifically made to
reduce the noise level to a level not to exceed 72dB(A).
(b) A noise barrier wall constructed of concrete or similar material
with a minimum height equal to that of the generator plus six (6) inches,
completely obscuring the visibility of the generator from the street and
abutting neighbors. All walls /screening shall be able to safely withstand any
heat produced by the generator for an indefinite amount of time.
(c) The professional installation of rock wool insulation or a similar
heat resistant acoustical insulation to either the interior of the generator's
enclosure, or lining the interior side of the noise barrier wall is recommended.
Sec. 22-82. Penalties.
Any person found to be in violatio
the general penalties which may be impc
Code, the provisions of Chapter 2, Divisi
and, in addition, may be required, upon
immediately remove any generator which
this code provision.
Section 2. Severability.
i of this Division shall be subject to
sed pursuant to Section 115 of this
in 2, relating to Code Enforcement
notice from the Town Manager, to
does not meet the requirements of
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can be
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given effect without the invalid provisions or applications, and to this end the provisions of
this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances
of the Town of Gulf Stream.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session on first reading this 1 lth
day of March , 2005, and for a second and final reading on this 8th day of
Anri 1 2005.
Commissioner
Commissioner
ATTEST: % -J T�'n
Clerk
N: \JCR \13147 -01 \Control for Generators Ord.DOC
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