8570-14ORDINANCE NO. 8570 -14
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO NOISE; AMENDING SECTION
3 -1508 A, CLEARWATER COMMUNITY DEVELOPMENT
CODE, TO CLARIFY THE PROHIBITED NOISES;
AMENDING SECTION 3 -1508 B 5, TO CLARIFY THE
PROHIBITED SOUND THAT IS EMITTED BY RADIOS,
AMPLIFIERS, AND OTHER SOUND PRODUCING
DEVICES; AMENDING SECTION 3 -1508 D TO CLARIFY
THE SOUNDS RELATING TO THE EXISTENCE OF AN
EMERGENCY AND THE PROCEDURES FOR OBTAINING
A SPECIAL EVENT PERMIT AND TO DELETE THE
EXCEPTION PERTAINING TO RELIGIOUS WORSHIP
ACTIVITIES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 3 -1508 A, Section 3 -1508 B 5, and Section 3 -1508 D,
Clearwater Community Development Code, are 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 through unaided,
ordinary auditory senses can be heard upon the public streets, sidewalks, or rights -
of -way, in any public park, in any school or public building, in any church or hospital,
or in any occupied dwelling and that can be heard at a distance of 100 feet or more
from the source of the noise, measured in a straight line from the radio, loudspeaker,
motor, horn, or other noise source. The 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 when the loud and raucous noise through unaided,
ordinary auditory senses can be heard at a distance of 100 feet or more from the
source of the noise, measured in a straight line from the radio, loudspeaker, motor,
horn, or other noise source, but not including activities enumerated in subsection D
of this section. It is the intent of this section to regulate unreasonably excessive
noise and not to interfere with or unduly burden the exercise of a person's freedom
of speech, expression, or religion.
Ordinance No. 8570 -14
B. The following noises, as limited by Section 3 -1508 A, are declared to be public
nuisances in violation of this section:
5. Radios, amplifiers, phonographs, etc. The UtBsing, operating or permitting to
be played, used or operated any radio, amplifier, musical instrument,
phonograph, music player, or other device for the producing or reproducing of
sound such that the speech or music, including a rumbling or reverberating
rhythmic bass type sound, emitted by the device creates is- identifiable -in
terms of words or mclody so as to create a loud and raucous noise.
D. 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;
1.2- Radios, sirens, horns and bells on police, fire and other emergency response
vehicles, including the emission of any other sound for the purpose of alerting a
person of the existence of an emergency;
2. &Parades, fireworks displays, outdoor music performances and other special
events for which a permit has been obtained from the City pursuant to Division 2,
Article III of Chapter 22, Clearwater Code of Ordinances, within such hours as
may be imposed as a condition for the issuance of the permit;
3.4-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;
4.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;
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Ordinance No. 8570 -14
5. Locomotives and other railroad equipment, and aircraft.
Section 2. This ordinance shall take effect immediately upon adoption.
JUL 1 7 2014
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to formit
AAP11 n e n
Robert J. urette
Assistant ity Attorney
AUG 0 7 2014
4to'1k-f1Cr4,VW,
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
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Ordinance No. 8570 -14