7099-03
ORDINANCE NO. 7099-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO NOISE; AMENDING SECTION 3-
1508A TO SPECIFY THE PLACES PROTECTED FROM
"LOUD AND RAUCOUS NOISES" AND TO REQUIRE THAT
"LOUD AND RAUCOUS NOISES" BE HEARD AT A
DISTANCE OF AT LEAST 100 FEET FROM THE SOURCE
OF THE NOISE; RENUMBERING SECTION 3-1508C TO
SECTION 3-1508B AND CLARIFYING THAT ONLY "LOUD
AND RAUCOUS" ACTIVITIES ARE PROHIBITED;
RENUMBERING SECTION 3-1508D TO SECTION 3-1508C
AND CLARIFYING THE CIRCUMSTANCES WHEN A
PERSON BECOMES RESPONSIBLE FOR ENSURING
COMPLIANCE WITH THE ENFORCEMENT OF SECTION
3-1508; RENUMBERING SECTION 3-1508E TO SECTION
3-1508D AND MODIFYING THE EXCEPTION PERTAINING
TO RELIGIOUS WORSHIP ACTIVITIES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 3-1508, Land Development Code, is amended to read as
follows:
Section 3-1508. Noise.
A. Prohibited generally. It shall be unlawful for any person to willfully make, continue or
cause to be made or continued any loud and raucous noise that can be heard upon
the public streets. sidewalks. or riqhts-of-way. in any public park. in any school or
public buildinq. in any church or hospital. or in any dwellinq and that can be heard at
a distance of 100 feet or more from the source of the noise. measured in a straiqht
line from the radio. loudspeaker. motor. horn. or other noise source., The \Nhich
term "loud and raucous noise" shall mean any sound which because of its volume
level, duration and character, annoys, disturbs, injures or endangers the comfort,
health, peace or safety of reasonable persons of ordinary sensibilities within the
limits of the city. The term includes. but is not limited to. the kinds of loud and
raucous noise generated by the activities enumerated in subsection B G when the
loud and raucous noise can be heard at a distance of 100 feet or more from the
source of the noise. measured in a straiqht line from the radio. loudspeaker. motor.
horn. or other noise source. but not including activities enumerated in subsection D
€ of this section.
Ordinance No. 7099-03
B. It Gh311 bo unl3wful for 3ny porson to C3UGO loud 3nd rnUCOUG noiso to bo hoard upon
tho publio stroots, in 3ny public p3rl<, in any Gohool or public building or groundc
thoroof, in any ohurch or hospit31 or tho grounds thoroof, in any p3rl<ing lot, or in 3ny
occupiod residonti31 dv:olling and in 3ny O'./ont from 3 loc3tion not IOSG th3n 50 foot
from tho sourco of tho noiGo, m03surod in 3 str3ight lino from tho r3dio, loudspo3kor,
motor, horn, or othor noise sourco.
B. G. The following noises. as limited by Section 3-1508A. sh311 bo doomod loud 3nd
r3UOOUC 3nd are declared to be public nuisances in violation of this section:
1. Engine exhaust. The discharge into the open air of the exhaust of any steam
engine or stationary internal combustion engine except through a muffler or
other device that will effectively prevent loud and raucous noises therefrom
't:hich subst3nti:::tlly diminishos tho volumo of tho Gound of tho OXh3UGt.
2. Pile drivers, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m.
on any day or at any time on Sunday, of any pile driver, steam shovel,
pneumatic hammer, derrick, dredge, steam or electric hoist or other heavy
equipment so as to create a loud and raucous noise.
3. Blowers, etc. The operation of any blower or power fan or any internal
combustion engine, unless the noise from such blower~ 9f fan is mufflod or
s.tIffi engine is equipped with a muffler device sufficient to prevent loud and
raucous noise which subst3nti:::tlly diminishoG tho 'Jolumo of tho Gound of tho
oxh3ust.
4. Horns, signaling devices, etc. The repeated sounding of any horn, whistle or
other audible signaling device so as to create a loud and raucous noise.
5. Radios, amplifiers, phonographs, etc. The using, operating or permitting to be
played, used or operated any radio, amplifier, musical instrument,
phonograph or other device for the producing or reproducing of sound such
that speech or music emitted by the device is identifiable in terms of words or
melody so as to create a loud and raucous noise 3t 3 dist3noo in 3ny diroction
of gre3tor th3n 100 foot during wind conditionG of IOSG th3n 15 milos par hour.
6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or
other device for amplifying sound snail be operated or permitted to operate
within the city such that speech or music emitted by the device is identifiable
in terms of words or melody so as to create a loud and raucous noise at-a
dictanca in 3ny direction of gre3tor th3n 100 foot during '::ind conditions of
loss th3n 15 milas par hour.
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Ordinance No. 7099-03
7. Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or
place so as to create a loud and raucous noise between the hours of 10:00
p.m. and 7:00 a.m. on any day.
8. Animals, birds, etc. The keeping of any animal or bird which habitually makes
a loud and raucous noise loud noisos.
9. Defect in vehicle or load. The use of any motor vehicle so out of repair, so
loaded or in such manner as to create loud grating, grinding, rattling or other
noise or disturbance which is not equipped with a muffler so as to prevent a
loud and raucous noise.
10. Construction or repairing of buildings. The erection including excavation
OXc3'J3ting, demolition, alteration or repair of any building so as to create a
loud and raucous noise other than between the hours of 7:00 a.m. and 6:00
p.m. on any day or at any time on Sunday, except in case of urgent necessity
in the interest of public health and safety and then only with a permit from the
building official, which permit may be granted for a period not to exceed three
working days or less while the emergency continues and which permit may be
renewed for successive periods of three days or less while the emergency
continues. If the building official should determine that the public health and
safety necessitates the issuance of such a permit and will not be impaired by
the erection, demolition, alteration or repair of any building or the excavation
of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. or on
Sunday, the building official He may grant permission for such work to be
done within such hours or within a shorter time period during such hours,
upon application being made at the time the permit for the work is issued or
during the progress of the work.
11. Commercial deliveries on property adjacent to residential property. Deliveries
of goods and materials to commercial property adjacent to residentially zoned
property other than between the hours of 7:00 a.m. and 9:00 p.m. so as to
create a loud and raucous noise.
12. Property maintenance equipment. The use of property maintenance
equipment on any property adjacent to residentially zoned property other than
between the hours of 7:00 a.m. and 9:00 p.m. so as to create a loud and
raucous noise.
13. Noises heard within schools, public buildings, churches, hospitals. The
creation of any loud and raucous noise which when heard in a school, public
building, church or hospital, or the grounds thereof, interferes with the
workings of such institution, or which disturbs or annoys patients in the
hospital.
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Ordinance No. 7099-03
14. Noises to attract attention. The use of any drum or other instrument or device
to attract attention that creates a loud and raucous noise.
C.G-Persons responsible. Any person, owner, agent or supervisor in charge of
operating, ordering, directing or allowing the operation or maintenance of a device~ 9f
machine. or any other noise source creating noise as prohibited in this section shall be
subject to enforcement of the provision of this section Division as lonq as the person.
owner. agent. or supervisor had knowledqe or reason to know that the activity was
occurring. failed to intervene in an attempt to prevent the activity from occurring. and
had the power or authority to prevent the activity from occurring.
D.e.Exceptions. The term "loud and raucous noise" does not include noise or sound
generated by the following:
1. Cries for emergency assistance and warning calls;
2. Radios, sirens, horns and bells on police, fire and other emergency response
vehicles;
3. Parades, fireworks displays, outdoor music performances and other special
events for which a permit has been obtained from the City, within such hours
as may be imposed as a condition for the issuance of the permit;
4. Activities on or in municipal and school athletic facilities and on or in publicly
owned property and facilities, provided that such activities have been
authorized by the owner of such property or facilities or its agent;
5. Fire alarms and burglar alarms, prior to the giving of notice and a reasonable
opportunity for the owner or tenant in possession of the premises served by
any such alarm to turn off the alarm;
6. Religious worship activities occurrinq on or in the premises owned or leased
by places of worship, including but not limited to bells and organs;
7. Locomotives and other railroad equipment, and aircraft.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 3, 2003
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Ordinance No. 7099-03
WCynthia E. Goude
fJ City Clerk
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Ordinance No. 7099-03