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HomeMy WebLinkAboutOrdinance 2009-010 Loud, Unnecessary or Disturbing Noise ORDINANCE NO. 2009-010 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA ADOPTING A NEW CHAPTER 113 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO LOUD, UNNECESSARY OR DISTURBING NOISES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee (the "City Commission") desires to control loud, unnecessary or disturbing noise within the city limits; and WHEREAS, the City Commission has determined that implementation of the enforcement program as set forth herein will promote, protect and improve the health, safety and welfare of its citizens, consistent with the authority of and limitations on the City pursuant to the Florida Constitution and Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. A new Chapter 113 of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as follows: See Exhibit" A" attached hereto, and by this reference made a part hereof. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of ORLA_1251072.1 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~day Of~, 2009. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . -~ /' B~~ (SEAL) ORLA_1251 072.1 -2- ADVERTISED ~Cl(c.h 2.~ ,2009 READ FIRST TIME m~c.-" 3, 2009 READ SECOND TIME AND ADOPTED AfX' I --, , 2009 UNDER AGENDA ITEM NO. II FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY 11//'1'" this 2 day Of~, 2009. FOLE~L~NER LLP By: [f~7 ~ Ci Attorney ORLA_1251072.1 -3- FOR USE AND RELIANCE ONLY BY TIIE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY 11 J /'1" this 2 day Of~, 2009. :LE~NERLLP ~=y ORLA_1251 072.1 ADVERTISED ~Q.(c..h 2. " ,2009 READ FIRST TIME <<larc...h 3, 2009 READ SECOND TIME AND ADOPTED Apr, I -, ,2009 UNDER AGENDA ITEM NO. II -3- EXHIBIT "A" TO ORDINANCE NO. 2009-010 CHAPTER 113 NOISE - LOUD, UNNECESSARY OR DISTURBING NOISE ~ 113-1. Title. This chapter shall be known and may be cited as "Loud, Unnecessary or Disturbing Noise Chapter. " ~ 113-2. Intent. The purpose of this chapter is to control loud, unnecessary or disturbing noise within the city limits. This chapter shall be supplemental and in addition to any other applicable laws and ordinances. ~ 113-3. Scope. This shall apply to the control of all noise within the city limits, as they exist now or may hereafter be established. ~ 113-4. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: A. Hearing Board means the Ocoee Police Infraction Hearing Board established pursuant to Section 168-8. B. Motor vehicle means any self-propelled vehicle not operated upon rails or guideway, but does not include bicycles or electric personal assistive mobility devices. Such definition shall include, but not be limited to: automobiles, vans, trucks, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, mini-bikes, and trail bikes. C. Notice of Infraction means a citation issued for a violation of this chapter. D. Person means any natural person, individual, association, partnership or corporation which includes any officer, employee, department, agency or instrumentality thereof, or any other entity whatsoever or any combination of such, jointly or severally. E. chapter. Violator means the person receiving a Notice of Infraction for a violation of this ORLA_1251072.1 -4- ~ 113-5. Noise prohibited. A. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or disturbing noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city. B. It shall be unlawful for any person to make any loud, raucous, Improper, unreasonable, offensive or unusual noise, disorder or tumult, which disturbs, lllJures or endangers the comfort, repose, health, peace or safety of others within the city, or to permit such noise, disorder or tumult to be made in or about his/her house or premises. C. It shall be unlawful for any owner, occupant, manager, agent or operator of any property, structure, vehicle, or business in the city, to allow persons using property under their control to violate any of the provisions of this chapter. ~ 113-6. Additional Noise Prohibited. The following acts are declared to be loud, unnecessary or disturbing noise, but the enumeration of the particular offenses hereinafter particularly defined shall not be construed as limiting the generality of this chapter, or limiting the offense hereunder to the particular offense hereinafter enumerated: A. Sound producing devices. No person shall play, use, operate or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located in or on any of the following: (1) Private residences. No noise from parties, entertainment, music or social gatherings of any kind, whether public or private, shall be such that the noise caused by and/or emanating from said use can be heard between the hours of 12:00 a.m. and 7:00 a.m. inside any other residence, regardless of whether the windows of such residence are open, or at any other time if said noise is unnecessary or unreasonable under the circumstances. (2) Public Property. Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is audible at a distance of 25 feet from its source. B. Radios, phonographs, boom boxes, etc. The using or operating of or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which the machine or device is operated and who is a voluntary listener thereto. ORLA_1251072.1 -5- The operation of any set, instrument, phonograph, machine or other device between the hours of 12 :00 a.m. and 7:00 a.m. in such a manner as to be plainly audible on other property which is beyond the control of the person operating such device shall be prima facie evidence of a violation of this chapter. C. Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or of any persons in the vicinity. D. Noisy animals and birds. The keeping of any animal or bird which by causing habitual or repeatedly bothersome noises shall disturb the comfort or repose of any persons in the vicinity. E. (1) (2) (3) (4) ~ 113-7. Motor vehicle noise. Any motor vehicle on a public right-of-way, highway, public space, or on a private road with a traffic enforcement agreement with the City of Ocoee, if the sound generated is audible at a distance of 25 feet from the device producing the sound. The continuous or repeated sounding of any horn or signal device of a motor vehicle when not used as a danger signal. Continuous shall be defined to include unnecessary or unreasonable periods of time. The use of any motor vehicle with appurtenances attached thereto so as to create loud or unnecessary grating, grinding, rattling or other noise. The use of any motor vehicle with or without the attachment of various appurtenances thereto so as to create loud or unnecessary grating, grinding, rattling or other noise or noises. This shall include the use of any vehicle said use of which causes excessive noise as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving the engine, or tire squeal. Exemptions. The following shall be exempted from the provisions of this chapter: A. Sound emitted from sirens of authorized emergency vehicles. B. Lawn mowers, garden tractors, and similar home power tools when properly muffled, between the hours of 7:00 a.m. and 9:00 p.m. C. Burglar alarms or other warning devices when properly installed on publicly or privately owned property, providing the cause for such alarm or warning device sound is investigated and turned off within fifteen (15) minutes of initial activation. ORLA_1251072.1 -6- D. Celebrations on legal holidays, parades or festivals with a valid governmental permit, between the hours of 7:00 a.m. and 12:00 midnight, Sunday through Thursday; and between 7 :00 a.m. and 1 :00 a.m. Friday through Saturday, or during such other times as may be expressly permitted by the City. E. Attendant noise connected with the actual performance of athletic or sporting events and practices at schools, parks and athletic fields. F. The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work. G. Sounds associated with normal conduct of a legally established non-transient business when such sounds are customary, incidental and within the normal range appropriate for such use. H. In the case of motor vehicles, where the noise is the result of a defective or modified exhaust system, if the cause is repaired or otherwise remedied within seven calendar days. I. Noise generated by a governmental agency, including but not limited to noise generated by public works projects contracted for a governmental agency. J. Any noise generated by an noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way pursuant to lawful authority. K. Any noise generated by the movement of aircraft in accordance with or pursuant to applicable federal laws or regulations. L. Any noise generated by railway locomotives or rail carrier vehicles. M. Chimes, bells or music emanating from religious establishments. ~ 113-8. Enforcement. A. The Police Department shall have the primary responsibility for enforcement of this chapter. Notwithstanding any other provision of this chapter to the contrary, any City of Ocoee police officer or any other person authorized by the Chief of Police may enforce the provisions contained in this chapter and issue a notice of infraction for the violations of any of the provisions of this chapter. B. Except for violations of Section 113-6.E, the person or persons responsible shall be advised of any conduct prohibited herein by any City of Ocoee police officer or any other person authorized by the Chief of Police to enforce the provisions of this chapter. After such warning, if any person shall continue or repeat said conduct or similar conduct within twelve (12) months after such warning, then such person shall be issued a notice of infraction. No warning shall be required with respect to a violation of Sections 113-6.E. ORLA_1251 072. 1 -7- ~ 113-9. Notice of Infraction. A notice of infraction issued pursuant to this chapter shall include: (1) The name, address and driver's license number of the Violator; (2) Notice that the violation charged is pursuant to this chapter; (3) The location where the infraction occurred; (4) The date and time of the infraction; (5) If the violation involves a motor vehicle: (6) (7) (8) ~ 113-10. A. infraction: (i) vehicle; The license plate number and registration number of the (ii) The make, model, and year of the vehicle; The civil penalty imposed; The procedures for payment of the civil penalty and contesting the notice of infraction; and Information advising the Violator of the manner and time in which liability as alleged in notice of infraction may be appealed and warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability. Responsibilities of Violator. A Violator may, within twenty-one (21) days of the date of the notice of (1) Pay the assessed civil penalty pursuant to instructions on the notice of infraction; or (2) Request an appeal pursuant to the procedures set forth in the notice of infraction. B. The failure to comply with the provisions of this chapter within twenty-one (21) days of the date of the notice of infraction shall constitute a waiver of the right to contest the notice of infraction and will be considered an admission of liability. ~ 168-19. ORLA_1251 072. 1 Appeal to Hearing Board. A. The Hearing Board is authorized to consider appeals under this chapter. -8- B. Upon receipt of an appeal, the City shall schedule a hearing before the Hearing Board to occur within sixty (60) days after the City's receipt of the appeal request. The City shall provide notice of the hearing to the Violator no less than ten (10) days prior to date of the hearing. The notice of the hearing shall be delivered via certified U.S. mail to the same address set forth on the notice of infraction. C. The City of Ocoee police officer (or other person authorized under this chapter to issue a notice of infraction) who issued the notice of infraction shall testify at the hearing. The Violator, or his or her representative, may also present testimony and evidence. D. Based on the evidence presented at such hearing, the Hearing Board shall make a detennination as to whether the violation of this chapter was in fact committed by the Violator. After such hearing, the Hearing Board shall issue a written order granting or denying the appeal. E. Formal rules of evidence shall not apply at the hearing on the appeal and any relevant evidence may be admitted. Hearsay evidence may be admitted, but shall not form the sole basis upon which the Hearing Board's decision is made. Irrelevant and unduly repetitious evidence may be excluded. The hearing shall be conducted in a manner to ensure that procedural and substantive due process is afforded the Violator. ~ 113-11. Penalties. A violation of this chapter shall be deemed a non-criminal violation for which a civil penalty shall be assessed. The amount of such civil penalty shall be $150.00 for the first offense and $250 for each subsequent offense within twelve (12) months from the last offense. Each day any violation shall continue shall constitute a separate offense. Notwithstanding the foregoing, the City Commission may, from time to time, by resolution, change the amount of the civil penalty to be assessed under this chapter. ~ 113-12. Administrative Charges. In addition to any civil penalty imposed pursuant to Section 113-11, if the Hearing Board denies an appeal, the Violator shall also responsible for payment of administrative charges in the amount of the City's actual costs of the appeal. ~ 113-13. Collection of Fines. The City Manager or his designee may establish procedures for the collection of a penalty imposed herein, and may enforce such penalty by civil action in the nature of debt. The Violator shall also be responsible for payment of any costs incurred by the City in any legal proceedings instituted to collect money due under this chapter. ORLA_1251 072. 1 -9-