9790-24 Docusign Envelope ID:4ADAF9DC-65B8-4E51-BCEA-F6542B19ED12
ORDINANCE NO. 9790-24
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE REGULATION OF NOISE;
AMENDING COMMUNITY DEVELOPMENT CODE ARTICLE
3. — DEVELOPMENT STANDARDS, DIVISION 15. —
PROPERTY MAINTENANCE STANDARDS, SECTION 3-
1508. - NOISE; AMENDING THE DEFINITIONS OF NOISE
AND PUBLIC NUISANCES, AMENDING PERSONS
RESPONSIBLE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Unreasonably excessive noise interferes with the quality of life and the
health, safety and general welfare of the public while regulation of noise is the purpose of
this ordinance it is not meant to interfere with or unduly burden the exercise of a person's
freedom of speech, expression or religion; and
WHEREAS, Section 3-1508- Noise was last amended on August 7, 2014. Since
the last amendment, growth and development within the city has caused a need to amend
the ordinance to adhere with the current public needs regarding noise regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA;
Section 1: Sec. 3-1508, Clearwater Community Development Code is hereby
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 Ghafac�ter,
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.
B. The following noises, as limited by Section 3-1508.A, are declared to be public
nuisances in violation of this section:
Ordinance No. 9790-24
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1. Engine exhaust. The discharge into the open air of the exhaust of any steaFn
engine e stationary internal combustion engine except through a muffler or
other device that will effectively prevent loud and raucous noises therefrom.
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 neise {r^m such bleweF, {i— fanis
equipped with a . u ffleF device s„f;,.;ent to pFeven between the hours of QPM
and 7AM on any day so as to create a loud and raucous noise.
4. Homs, 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,
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 a loud and raucous noise.
6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or
other device for amplifying sound shall 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.
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.
9. Defect in vehicle orload. 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,
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 may grant permission for such work to be done within such hours or
Ordinance No. 9790-24
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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.
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. Persons responsible. Any person, owner, agent or supeFVOser gnti in charge of
operating, ordering, directing or allowing the operation or maintenance of a device,
a machine, or any other noise source creating noise as prohibited in this section
shall be subject to enforcement of the provision of this section as long as the
person, owner, agent, or entity had knowledge 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. Exceptions. The term 'loud and raucous noise" does not include noise or sound
generated by the following:
1. 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. 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;
5. Locomotives and other railroad equipment, and aircraft.
Ordinance No. 9790-24
Docusign Envelope ID:4ADAF9DC-65B8-4E51-BCEA-F6542B19ED12
Section 2: This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING September 4, 2024
PASSED ON SECOND AND FINAL September 17, 2024
READING AND ADOPTED
Signed by:
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Bruce Rector
Mayor
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Approved as to form: Attest:
DocuSigned by:
Melissa Isabel Rosemarie all
Senior Assistant City Attor ey City Clerk
Ordinance No. 9790-24