HomeMy Public PortalAbout10.27.20 - (Draft)(clean) Ordinance to Amend Code regarding Noise - Copy.pdf
ORDINANCE NO. 2020-20
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF TYBEE
ISLAND SO AS TO REVISE PROVISIONS ADDRESSING PROHIBITED NOISE THAT IS
UNREASONABLY LOUD, RAUCOUS, JARRING, DISTURBING OR A NUISANCE
WITHIN THE AREA OF AUDIBILITY AND TO REPEAL INCONSISTENT OR
CONFLICTING ORDINANCES AND TO ELIMINATE PROVISIONS REGARDING
DECIBEL LEVELS FOR THE CONTROL OR MEASUREMENT OF NOISE AND
SUBSTITUTING IN LIEU THEREOF A STANDARD OF PLAINLY AUDIBLE FROM A
SPECIFIED DISTANCE FOR DETERMINATIONS OF OFFENSIVE OR PROHIBITED
NOISE AND TO RECOGNIZE THE ADOPTION OF CIVIL PENALTIES FOR OFFENSES
INCLUDING PROHIBITED NOISE, FOR THE REPEAL OR CONFLICTING
ORDINANCES, TO ESTABLISH AN EFFECTIVE DATE AND TO AUTHORIZE THE
ENFORCEMENT THEREOF
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to
adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the
citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under its police and home
rule powers; and
WHEREAS, the control of sound and sound making devices which produce noise at levels
that are unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of
audibility is necessary for the peace and wellbeing of residents and visitors to the City; and
WHEREAS, Tybee Island is unique in the location of business establishments, a county
pier where events are conducted and residential dwellings that coexist in close proximity to
commercial establishments that provide gatherings, music and other sources of sound; and
WHEREAS, wind directions and wind speed can have significant impacts on the
distribution of sounds; and
WHEREAS, the City of Tybee Island has for in excess of 15 years explored alternative
methods of addressing noise, noise complaints, disorderly behavior in various residential and other
areas; and
WHEREAS, the City has attempted to improve the peace, tranquility and health and safety
of residents and occupants of residential dwellings by controlling or limiting unreasonably loud
noises through sound level controls based on decibel levels and in the opinion of many, the efforts
have not been as successful as desired; and
WHEREAS, court decisions upholding the constitutionality of the restrictions on noise and
noise producing activity where doing so creates "plainly audible" disturbances too occupants of
nearby properties have been recognized and resulted in successful prohibitions and prosecutions;
and
WHEREAS, the City of Tybee Island has previously adopted administrative procedures
for civil penalties for certain Code violations which can include unreasonably loud noise
violations;
NOW THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island duly assembled as follows:
SECTION I
Existing Tybee Code Sections identified as Article 4 of Chapter 22 "Noises" Sections 22-
110 through 22-112 are hereby repealed in their entirety and are replaced with the Code Sections
hereinafter set forth and designated numerically as hereinafter set forth.
ARTICLE IV. NOISES
Sec. 22-110. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar
action, for or of public or private rights-of-way, structures, utilities, or similar property.
Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
Emergency means any occurrence or set of circumstances involving actual or imminent physical or
psychological trauma or property damage which demands immediate action.
Emergency work means any work performed for the purpose of alleviating or resolving an emergency.
Enclosed Building means all space between a floor and ceiling that is enclosed on all sides by solid
walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
Holidays means those holidays recognized by the U.S. Office of Personnel Management.
Mechanical Sound Making Devices means any radio receiving device, television, stereo, musical
instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing
or amplifying of sound and/or noise.
Motor vehicle means any motor-operated vehicle licensed for use on the public highways, but not
including a motorcycle.
Motorboat means any vessel which operates on water and which is propelled by a motor, including,
but not limited to, boats, barges, amphibious craft, water ski towing devices and hover craft.
Motorcycle means any motor vehicle having a saddle or seat for the use of the rider and designed to
travel on not more than three wheels in contact with the ground. The term shall include, but not be
limited to, motorized bicycles and motor scooters.
Noise means any sound which disturbs humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noisy Assembly means any gathering of more than one (1) person which creates noise.
Noise disturbance means any sound which endangers or injures the welfare, safety or health of human
beings, or disturbs a reasonable person of normal sensitivities, or devalues or injures personal or real
property, or is hereinafter defined.
Noise sensitive activities means activities which should be conducted under conditions of exceptional
quiet including, but not limited to, operation of schools, libraries open to the public, churches,
hospitals, and nursing homes.
Noise sensitive area means any area designated for the purpose of ensuring exceptional quiet and
clearly posted with "noise sensitive area" signs, because of the noise sensitive activities conducted
therein.
Official Public event means any event put on by, adopted, approved or endorsed by the City.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, operative, state
agency, municipality or other political subdivisions of this state, any interstate body, or any other legal
entity.
Plainly audible shall mean any sound emanating from the specific sound-producing sources set forth
below which can be heard from the distances set forth below, using the following sound measurement
standards: Measurement shall be by the auditory senses of a person standing at a distance no less than the
required minimum distance from the source of the sound. For music and other noise, words and phrases
need not be discernable. For music and other noise, bass reverberations are included.
Powered model vehicle means any self-propelled airborne, waterborne, or land borne model plane,
vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model
airplane, boat, car or rocket.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, lane or similar place
which is owned or controlled by a governmental entity.
Public space means any real property, including any structure thereon, which is owned or controlled
by a governmental entity.
Public works project means any project financed by public funds such as roads, highways, bridges or
other construction on public or government owned property. It does not include projects merely
approved by mayor and council.
Real property boundary means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person, but not
including intra-building real property divisions.
Residential means any property on which is located a building or structure used wholly or partially for
living or sleeping purposes.
School means any place of learning or caring for children, both public and private.
Sound means an oscillation in pressure, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction of that medium.
The description of sound may include any characteristic of such sound, including duration, intensity
and frequency.
Used means and includes the words "intended,", "designed," or "arranged to be used. "
(Code 1983, § 11-3-2)
Sec. 22-111. Exceptions.
The provisions of this article shall not apply to:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work by City or City Contractor;
(3) Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities
in the normal course of their business, however, the production of sound by gathering of persons,
music or entertainment activities by restaurants, bars and/or similar establishments shall not be exempt
under this subsection;
(4) Agricultural activities, exclusive of those involving the ownership or possession of animals or
birds;
(5) Public mass transportation vehicles;
(6) Church or clock carillons, bells, or chimes;
(7) The emission of sound in the discharge of weapons or in fireworks displays for which a permit
has been issued;
(8) Public works projects;
(9) Noises and/or sounds that are permitted by a special event permit pursuant to section 54-70,
et seq; provided, however, that the producer or coordinator of the special event must comply with
the terms, restrictions and conditions of the special event permit;
(10) Sound volumes produced by radio, tape player, or other mechanical sound making device or
instrument from within a motor vehicle on a street or highway, which sound is controlled by
O.C.G.A. § 40-6-14;
(11) Noises or sounds made by law enforcement and other public safety officials performing their
public functions;
(12) The emission of sound from a public space during an official public event; or
(13) The emission of sound from a school or church during the regular scheduled hours of operation
or during special events.
(Code 1983, § 11-3-3)
(14) Noises or sounds made by the exploding of consumer fireworks on January 1, the last Saturday
and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after
10:00 a.m. and up to and including the time of 11:59 p.m.; and on January 1 of each year beginning at
the time of 12:00 Midnight and up to and including the ending time of 1:00 a.m.
(15) Generators during times of power outages.
Sec. 22-112. Noise disturbance prohibited.
(a) Prohibited conduct.
(1) Restrictions of 300 feet for 7:00 a.m. through 10:00 p.m. Sunday through Thursday and
7:00 a.m. through 12:00 midnight on Friday and Saturday and holidays.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly
audible at a distance of 300 feet or more from the building, structure or vehicle, or in the case of
real property, beyond the property limits, in which it is located, whichever is farthest, between the
hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m.
and 12:00 midnight on Friday and Saturday and holidays.
b. Human-produced sounds. It is unlawful for any person or persons to yell, shout, whistle, or sing
on the public streets or sidewalks or on private property so as to create, or cause to be created,
any noises or sounds which are plainly audible at a distance of 300 feet or more from the place,
building, structure, or in the case of real property, beyond the real property boundary, in which the
person is located, whichever is farthest, between the hours of 7:00 a.m. and 10:00 p.m. Sunday
through Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday
and holidays.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 300 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of 7:00 a.m.
and 10:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12 midnight on
Friday and Saturday.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or social event to produce noise in such a
manner that such noise is plainly audible at a distance of 300 feet or more from the building or
structure from which the noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and
12:00 midnight on Friday and Saturday and holidays. For the purposes of this subsection, a "person
in charge of a party or other social event" shall mean any adult person who resides in or on the
premises involved in such party or social event or the adult responsible for having leased, rented
or who manages the property or is otherwise responsible therefore and is present at such party or
social event. For the purposes of this subsection, "noise" shall mean the same sounds, or any
combination thereof, as described in paragraphs a. or b. above.
(2) Restrictions of 100 feet for 10:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00
midnight through 7:00 a.m. on Saturday and Sunday.
a. Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate,
or permit to be played, used, or operated any Mechanical Sound Making Devices at such a volume
and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly
audible at a distance of 100 feet or more from the building, structure or vehicle, or in the case of
real property, beyond the property limits, in which it is located, whichever is farthest, between the
hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00
midnight and 7:00 a.m. on Friday and Saturday and holidays.
b. Human-produced sound. It is unlawful for any person or persons to yell, shout, hoot, whistle,
or sing on the public streets or sidewalks or on private property so as to create, or cause to be
created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the
place on public streets and sidewalks, or in the case of private real property, beyond the real
property boundary, on which the person is located, whichever is farthest, between the hours of
10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays.
c. Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to
be used or operated any radio receiving device, musical instrument, phonograph, loud speaker,
sound amplifier or other machine or device for the production or reproduction of sound which is
cast upon the public streets or other public property for the purpose of commercial advertising or
which serves to attract the attention of the public to any building, structure or vehicle in such a
manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a
distance of 100 feet or more from the source of the sound cast upon the public streets or other
public property or from the building, structure, or in the case of real property, beyond the real
property boundary, in which it is located, whichever is farthest, between the hours of 10:00 p.m.
and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m.
on Saturday and Sunday and holidays.
d. Party noise. It is unlawful for any person or persons in charge of a party or other social event
that occurs on any private property to allow that party or event to produce noise in such a manner
so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure
from which the party noise is emanating or in the case of real property, beyond the real property
boundary, on which the party or social event is located, whichever is farthest, between the hours
of 10:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 10:00 p.m. and
7:00 a.m. on Saturday and Sunday and holidays. For the purposes of this subsection, a "person
in charge of a party or other social event" shall mean any adult person who resides in or on the
premises involved in such party or social event and is present at such party or social event or the
adult responsible for having leased, rented or who manages the property or is otherwise responsible
therefore. For the purposes of this subsection, "noise" shall mean the same sounds, or any
combination thereof, as described in paragraphs a. or b. above.
(3) Restrictions regarding noise produced by consumer fireworks between 10:00 a.m. and up to
and including 11:59 p.m. on all days. It is unlawful for any person to use, explode or cause to be
exploded any consumer fireworks to produce noise in such a manner that such noise is plainly
audible at a distance of 100 feet or more from the place, or in the case of real property, beyond the
property limits in which the fireworks are being used, exploded or caused to be exploded,
whichever is farthest, between the hours of 10:00 a.m. and 11:59 p.m. on all days. For the purposes
of this section, the term "consumer fireworks" shall have the meaning set forth in O.C.G.A. § 25-
10-1(a)(1), but such term shall not include those items excluded therefrom in O.C.G.A. § 25-10-
1(b) as such code section is enacted as of July 1, 2018 or as may be amended in the future. See
also, Sec. 42-66, and O.C.G.A. § 25-10-2 prohibiting the use of such fireworks after 11:59 p.m.
except as specifically authorized.
(4) Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such
residential dwelling units.
Except for persons within commercial enterprises that have an adjoining property line or
boundary with a residential dwelling unit, it is unlawful for any person to make, continue,
or cause to be made or continued any noise in such a manner as to be plainly audible to any
other person a distance of five feet beyond the adjoining property line wall or boundary of
any apartment, condominium, townhouse, duplex, or other such residential dwelling units
with adjoining points of contact.
For the purposes of this subsection, "noise" shall mean human-produced sounds of yelling,
shouting, whistling, singing, or mechanically-produced sounds made by radio-receiving device,
television, stereo, musical instrument, phonograph sound amplifier or other machines or devices
for the producing, reproducing, or amplifying of sound, or any combination thereof.
For the purposes of this subsection, "property line or boundary" shall mean an imaginary
line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses,
duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by
different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or
boundary includes all points of a plane formed by projecting the property line or boundary
including the ceiling, the floor, and the walls.
(b) For Property bordering residential (not to exclude property separated by a right of way, street or
easement, public or private) including other residential property.
In addition to all other provisions of this Article, if the property boundary of a property borders
residential property, the following shall apply:
(1) It shall be unlawful for any person or persons to play, use, operate, or permit to be
played, used, or operated any Mechanical Sound Making Devices between the hours of
10:00 p.m. and 7:00 a.m. Sunday through Thursday and 12:00 midnight through 7:00
a.m. Friday and Saturday and holidays, unless the music is played exclusively within an
enclosed building. In addition to the foregoing, any use or operation of any Mechanical
Sound Making Devices between the restricted hours which produces noises that are
plainly audible from the property boundary of the property is a violation of this section.
(2) It shall be unlawful for any person or persons to constitute a Noisy Assembly, or permit
property under his or her control to be used for a Noisy Assembly, between the hours of
10:00 p.m. and 7:00 a.m. Sunday through Thursday. And 11:00 p.m. through 7:00 a.m.
Friday and Saturday and holidays, unless the Noisy Assembly is exclusively within an
enclosed building. In addition to the foregoing, any Noisy Assembly between the
restricted hours which produces noises than are plainly audible from the property
boundary of the property is a violation of this section.
(c) Equipment use restrictions. Regardless of the other provisions of this Article, the following
equipment may not be operated between the time of sunset and 7:00 a.m.: Monday-Friday and on
Saturday and Sunday the time of sunset to 10:00 a.m.:
(1) Electrical power tools.
(2) Motor powered, muffler equipped lawn, garden, and tree trimming equipment except residential
lawn mowers.
(3) Construction equipment, which includes landscaper's lawn mowers and other landscaping
motorized equipment.
(4) Construction noise . Between the hours of 11:00 p.m. and 6:00 a.m., construction noise of any
type, including, but not limited to, noise caused by the erection (including excavation), demolition,
alteration, or repair of any building, as well as the operation of any earth-moving equipment, crane,
saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any
similar equipment, shall not be plainly audible within any residential zoning district more than 100
feet beyond the property boundary of the property from which the noise emanates.
A variance from the above-referenced hours of operation for construction noise may be requested,
in writing, at least 48 hours prior to the proposed construction operation, for consideration by the
Director of the Building Inspections and Permit Department. Such a request shall state:
1)The reasons that support a claim of urgent need based on specific loss or inconvenience
for such a variation from the allowable work hours;
2)The impact that the denial of this request would have on the applicant's project and the
surrounding properties;
3)The steps which have been taken by the applicant to communicate those needs and
impacts to owners of surrounding and nearby properties;
4)The steps that have or will be taken to limit the impact of the proposed activity upon
surrounding and nearby properties; and
5)The possible risks to public health and safety.
If the Director finds that the application adequately demonstrates the urgent need for a
variance from the above allowable work hours, adequately provides for mitigation of the
impact upon surrounding and nearby properties, and poses no additional risk to public
health and safety, then permission shall be granted for a variance to alter the allowable
work hours during one ten-day period.
(Code 1983, § 11-3-4; Ord. of 4-29-2005; Ord. of 7-26-2007)
SECTION II
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION III
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee
Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such
intention.
SECTION IV
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
The Code of the City of Tybee Island, Georgia.
This Ordinance shall become effective on ________ day of __________________,
2020.
ADOPTED THIS __ DAY OF ___ , 2020.
_________________________________
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED: