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TA2003-01001 TA2003-01001 Text Amendment Noise Ordinance . . . . 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 which 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 Ghall bo unlo\','ful for any porson to caUGO loud and raUCOUG noiGo to bo hoard upon tho publio &trootl>, in any public pork, in any &ohool or public building or grounds thoroof, in any ohurch or hospital or tho groundG thoroof, in any parking lot, or in any occupiod rosidontial dwolliFlg and in any ovont from a location not 10&& than 50 foot from tho &ourco of tho FloiGo, mooGurod in 0 Gtroight Ii no from tho radio, loud&pookor, motor, horn, or othor noiGo &ourco. 8. G. The following noises, as limited by Section 3-1508A. Gholl bo doomod loud ~md raUOOUG ~md 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 ':Jhich &ubGtontblly dimini&ho& tho volumo of tho &ound of tho oxhauGt. 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 iG mufflod or stIffi engine is equipped with a muffler device sufficient to prevent loud and raucous noise \vhich &ub&tantially diminiGho& tho volumo of tho &ound of tho oxhou&t. 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 deyice 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 at ::l diGtanoo in any diroction of groator than 100 foot during wind oondition& of 10&& than 15 milo& por 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 diGtonco in any diroction of gro::ltor than 100 foot during ':,'ind condition& of 10&& than 15 milo& por hour. 2 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 noises. 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 OXCJVJtiRg, 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. 3 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 superyisor in charge of operating, ordering, directing or allowing the operation or maintenance of a device....B 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 Divie:ion as lonq as the person. owner. agent. or supervisor had knowledae 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 4 Ordinance No. 7099-03 . . . . wCynthia E. Gouae fJ City Clerk i 5 Ordinance No. 7099-03 1 . . . CDB Meeting Date: March IS, 2003 Case: TA2003-01001 Agenda Item: C6 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code relating to noise including prohibitions, declared public nuisances, persons responsible, and exceptions. INITIATED BY: City of Clearwater Legal Department . BACKGROUND INFORMATION: When the Community Development Code was adopted on January 21, 1999, the noise ordinance, which was contained in Chapter 20 of the City Code, was recodified in Section 3- 150S. When the noise ordinance was recodified, it was amended to impose a requirement that before the City could issue a citation to a person for operating an excessively loud radio, amplifier, phonograph, or sound truck, the wind conditions had to be less than 15 miles per hour. The wind requirement has proven to be unworkable, especially on Clearwater Beach. Police Officers have difficulty enforcing the noise ordinance because they do not carry wind- measuring devices and because wind gusts on Clearwater Beach are frequent. ANALYSIS: The Code needs to be changed to eliminate the wind requirement. Multiple sections of the current Code are to be amended. Sections 3-150S.A-B have been amended to clarify that an officer must hear the "loud and raucous" noise at a distance of at least 100 feet from the source of the noise before the Officer can issue a citation. The 100-foot limitation is consistent with that contained in Section 316.3045 Florida Statutes, which makes it unlawful to operate a motor vehicle radio so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle. Section 3-150S.C. has been amended to delete the wind requirement and clarify that only "loud and raucous" noise is prohibited. . Section 3-150S.D has been amended to clarify that a person becomes liable for ensuring that noise sources do not violate the noise ordinance only when the person has some ability to control the noise. The amendment will ensure that the ordinance is applied constitutionally so that third persons who did not actually produce the noise are not cited unless they were also culpable. Section 3-150S.E has been amended to limit the exception for religious worship activities to those activities occurring on or in religious facilities. The amendment will ensure that persons do not unreasonable disturb the public by producing a "loud and raucous" noise while located in a public place only to then claim that they were exercising their religious freedoms. Staff Report - Community Development Board - March 18, 2003 - T A2003-0 I 00 I - Page I . . f . CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. . Any Code amendment must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify conditions under which a person violates the noise ordinance. These proposed amendments further the following purposes of the Code: Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the City; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the City. . Section 1-103 .E.3 - Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the City's economic underpinnings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They more specifically clarify the criteria for issuing a citation to a person for violating the noise ordinance. The Planning Department recommends APPROVAL of Ordinance No. 7099-03 which makes revisions to the Community Development Code regard' g noise. Prepared by Planning/Legal Department Staff: ;?j JJ m .~_.~ Rob Surette, Assistant City Attorney ATTACHMENT: Proposed Ordinance No. 7099-03 S..IP/arming DepartmentlCommunity Deve/opment Code\2003 Code AmendmentslStafJ Report - Ord. i099-03 (noise amendments)2.doc . Staff Report - Community Development Board - March 18, 2003 - T A2003-0 I 00 1 - Page 2 I 't .- . . . . . 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" ACTIVITES 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 rights-of-way. in any public park. in any school or public buildinq, in any church or hospital. or in any dwelling and that can be heard at a distance of 100 feet or more from the source of the noise. measured in a straioht line from the radio, loudspeaker, motor. horn. or other noise source.. The '.\'hich 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 . . r '. B. It sha"1I be unl3wful for any person to couse loud and raucous noise to bo heard upon . the public streets, in any public pork, in any school or public building or grounds thereof, in any church or hospital or the grounds theroof, in any parking lot, or in any occupied residential dwelling and in any evont from a location not less than 50 foet from the source of tho noiso, measured in a straight Ii no from the radio, loudspeaker, motor, horn, or other noiso source" B. G. The following noises. as limited by Section 3-1508A. sh311 be deemed loud 3nd raucous 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 which substantblly diminishes the volume of the sound of the exhaust. 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... eF fan is muffled or St:Iffi engine is equipped with a muffler device sufficient to prevent loud and raucous noise 'I.'hich subst3nti311y diminishes the volume of the sound of the . exhaust. 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 at a distance in any direction of greater than 100 foet during wind conditions of leco than 15 miles per hour. 6. Sound trucks. No amplifier or loudspeaker in, upon or attached to a truck or other device for amplifying sqund 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 at-a diet3nce in any direction of gre3ter th3n 100 foet during wind conditione of lese than 15 milee per hour. 2 Ordinance No. 7099-03 . ,------ t . e . . 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 noi8os. 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 oxoavating, 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 M 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. . 3 Ordinance No. 7099-03 . . 1 f 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 knowledge or reason to know that the activity was occurrinq, failed to intervene in an attempt to prevent the activity from occurrinq, 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 PASSED ON SECOND AND FINAL READING AND ADOPTED 4 Ordinance No. 7099-03 . .. , . . . . . Brian J. Aungst, Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 5 Ordinance No. 7099-03 Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Amend Section 3-1508 of the Community Development Code, regarding noise, and pass Ordinance 7099-03 on first reading. . . Final Agenda Item # 3/20/03 Meeting Date: D and that the appropriate officials be authorized to execute same. SUMMARY: Section 3-1508 A has been amended to clarify that an officer must hear the noise at a distance of at least 100 feet from the source of the noise. The 100-foot limitation is consistent with that contained in Section 316.3045 Florida Statutes, which makes it unlawful to operate a motor vehicle radio so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle. Section 3-1508 C has been renumbered to Section 3-1508 B and has been amended to clarify that only "Loud and Raucous" noise is prohibited and to eliminate the wind requirement. When the noise ordinance was recodified, it was amended to impose a requirement that before the City could issue a citation to a person for operating an excessively loud radio, amplifier, phonograph, or sound truck, the wind conditions had to be less than 15 miles per hour. The wind requirement has proven to be unworkable, especially on Clearwater Beach. Police Officers have difficulty enforcing the noise ordinance because they do not carry wind-measuring devices and because wind gusts on Clearwater Beach are frequent. Section 3-1508 D has been renumbered to Section 3-1508 C and has been amended to clarify the circumstances when a person becomes liable for ensuring that noise sources do not violate the Noise Ordinance. Section 3-1508 E has been renumbered to Section 3-1508 D and has been amended to limit the exception for religious worship activities to those activities occurring on or in religious facilities. Reviewed by;;. Legal f i l( , Info Tech NA lL:.::lL- Budget ~ Public Works NA Purchasin NA DCM/ACM g Risk Mgmt NA R~CEIVED Originating Dept: Legal/Surette User Dept. Costs N/A Total Funding Source: Capitol Improvement Current Fiscal Year Attachments YES Operating Ordinance No. 7099-03 FEB Other Appropriation Code: Submitted by: PLANNING DEPARTMEN Cit Mana er no '-it Printed on recycled paper 2/98 o None Rev. . . CDB Meeting Date: Case: Agenda Item: March 18, 2003 TA2003-01001 C6 CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT REQUEST: Amendments to the Community Development Code relating to noise including prohibitions, declared public nmsances, persons responsible, and exceptions. INITIATED BY: City of Clearwater Legal Department BACKGROUND INFORMATION: When the Community Development Code was adopted on January 21, 1999, the noise ordinance, which was contained in Chapter 20 of the City Code, was recodified in Section 3- 1508. When the noise ordinance was recodified, it was amended to impose a requirement that before the City could issue a citation to a person for operating an excessively loud radio, amplifier, phonograph, or sound truck, the wind conditions had to be less than 15 miles per hour. The wind requirement has proven to be unworkable, especially on Clearwater Beach. Police Officers have difficulty enforcing the noise ordinance because they do not carry wind- measuring devices and because wind gusts on Clearwater Beach are frequent. ANAL YSIS: The Code needs to be changed to eliminate the wind requirement. Multiple sections of the current Code are to be amended. Sections 3-1508.A-B have been amended to clarify that an officer must hear the "loud and raucous" noise at a distance of at least 100 feet from the source of the noise before the Officer can issue a citation. The 100-foot limitation is consistent with that contained in Section 316.3045 Florida Statutes, which makes it unlawful to operate a motor vehicle radio so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle. Section 3-1508.C. has been amended to delete the wind requirement and clarify that only "loud and raucous" noise is prohibited. Section 3-1508.D has been amended to clarify that a person becomes liable for ensuring that noise sources do not violate the noise ordinance only when the person has some ability to control the noise. The amendment will ensure that the ordinance is applied constitutionally so that third persons who did not actually produce the noise are not cited unless they were also culpable. Section 3-1508.E has been amended to limit the exception for religious worship activities to those activities occurring on or in religious facilities. The amendment will ensure that persons do not unreasonable disturb the public by producing a "loud and raucous" noise while located in a public place only to then claim that they were exercising their religious freedoms. Staff Report - Community Development Board - March 18, 2003 ~ T A2003-0 I 00 I - Page I . . CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any Code amendment must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify conditions under which a person violates the noise ordinance. These proposed amendments further the following purposes of the Code: Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the City; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the City. Section 1-103 .E.3 - Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the City's economic underpinnings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They more specifically clarify the criteria for issuing a citation to a person for violating the noise ordinance. The Planning Department recommends APPROVAL of Ordinance No. 7099-03 which makes revisions to the Community Development Code regarding noise. j' ( .1 {/ J . /l Prepared by Planning/Legal Department Staff:~f:"'{'L .,l/i 1;1;' p Rob Surette, Assistant City Attorney A TT ACHMENT: Proposed Ordinance No. 7099-03 S:\Planning DepartmentlCommunity Development Codel2003 Code AmendmentslStajJ Report - Ord 7099-03 (n()is~ amendments)2.doc Staff Report - Community Development Board - March 18, 2003 - T A2003-0] 00] - Page 2 . . 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" ACTIVITES 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 building, in any church or hospital, or in any 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 ""Jhich 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 straight 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 sh~11 bo unl~'Nful for ~ny porson to c~uso loud ~nd r~ucous noise to bo ho~rd upon tho public stroots, in ~ny public p~rk, in ~ny school or public building or grounds thoroof, in ~ny church or hospit~1 or tho grounds thoroof. in ~ny p~rking lot, or in ~ny occupiod rosidonti~1 dwolling ~nd in ~ny ovont from ~ loc~tion not loss th~n 50 foot from tho sourco of tho noiso, mo~surad in ~ str~ight Iino from tho r~dio, loudspo~kor, motor, horn, or othor noiso sourco. B. G. The following noises, as limited by Section 3-1508A, shall bo doomod loud ~nd r~ucous ~nd 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 which subst~nti~lIy diminishos tho volumo of tho sound of tho oxh~ust. 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 it:; mufflod or StH7R engine is equipped with a muffler device sufficient to prevent loud and raucous noise which subst~nti~lIy diminishos tho volumo of tho sound of tho oxh~ust. 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 ~t ~ dist~nco in ~ny diroction of gro~tor than 100 foot during wind conditions of loee th~n 15 milos por hour. 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 at-a dietanco in ~ny diroction of graator th~n 100 foot during '.vind conditions of loss th~n 15 milos por hour. 2 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 oxc~v:Jting, 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 buildinq 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. 3 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 long as the person, owner. aqent, or supervisor had knowledqe or reason to know that the activity was occurring. failed to intervene in an attempt to prevent the activity from occurrinq, and had the power or authority to prevent the activitv from occurrinq. 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 occurring 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 PASSED ON SECOND AND FINAL READING AND ADOPTED 4 Ordinance No. 7099-03 . ' . . Brian J. Aungst, Mayor-Commissioner A~.pr~yed as to form: \ II f~ ~1t- ,/ L. _,- 1/( t, (<t."" t. '. .i .lV'"t, .~ Robert J.lSiJrette .. Assistant 'City Attorney Attest: Cynthia E. Goudeau City Clerk 5 Ordinance No. 7099-03 . Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Amend Section 3-1508 of the Community Development Code, regarding noise, and pass Ordinance 7099-03 on first reading. . . Final Agenda Item # 3/20/03 Meeting Date: D and that the appropriate officials be authorized to execute same. SUMMARY: Section 3-1508 A has been amended to clarify that an offic r must hear the noise at a distance of at least 100 feet from the source of the noise. The 100-foot limitation is consistent WI at containe In Section 316.3045 Florida Statutes, which makes it unlawful to operate a motor vehicle radio so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle. Section 3-1508 C has been renumbered to Section 3-1508 B and has been amended to clarify that only "Loud and Raucous" noise is prohibited and to eliminate the wind requirement. When the noise ordinance was recodified, it was amended to impose a requirement that before the City could issue a citation to a person for operating an excessively loud radio, amplifier, phonograph, or sound truck, the wind conditions had to be less than 15 miles per hour. The wind requirement has proven to be unworkable, especially on Clearwater Beach. Police Officers have difficulty enforcing the noise ordinance because they do not carry wind-measuring devices and because wind gusts on Clearwater Beach are frequent. .ection 3-1508 D has been renumbered to Section 3-1508 C and has been amended to clarify the ~rcumstances when a person becomes liable, for ensuring that noise sources do not violate the Noise Ordinance. Section 3-1508 E has been renumbered to Section 3-1508 D and has been amended to limit the exception for religious worship activities to those activities occurring on or in religious facilities. ,...-- ----- Reviewed bX: Legal 0(;;\ i/<. :~ Budget MA Purchasin NA g Risk Mgmt NA Info Tech NA Public Works NA DCM/ACM Originating Dept: Legal/Surette User Dept. Costs N/A Total Funding Source: Capitol Improvement Current Fiscal Year Other NA Attachments YES Operating Ordinance No. 7099-03 Other Appropriation Code: Submitted by: Cit Manager .. "-.: Printed on recycled paper 2/98 o None Rev. . . . CDB Meeting Date: Case: Agenda Item: March IS, 2003 T A2003-0 1 00 1 C6 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code relating to noise including prohibitions, declared public nmsances, persons responsible, and exceptions. INITIATED BY: City of Clearwater Legal Department . BACKGROUND INFORMATION: When the Community Development Code was adopted on January 21, 1999, the noise ordinance, which was contained in Chapter 20 of the City Code, was recodified in Section 3- 150S. When the noise ordinance was recodified, it was amended to impose a requirement that before the City could issue a citation to a person for operating an excessively loud radio, amplifier, phonograph, or sound truck, the wind conditions had to be less than 15 miles per hour. The wind requirement has proven to be unworkable, especially on Clearwater Beach. Police Officers have difficulty enforcing the noise ordinance because they do not carry wind- measuring devices and because wind gusts on Clearwater Beach are frequent. ANALYSIS: The Code needs to be changed to eliminate the wind requirement. Multiple sections of the current Code are to be amended. Sections 3-150S.A-B have been amended to clarify that an officer must hear the "loud and raucous" noise at a distance of at least 100 feet from the source of the noise before the Officer can issue a citation. The 100-foot limitation is consistent with that contained in Section 316.3045 Florida Statutes, which makes it unlawful to operate a motor vehicle radio so that the sound is plainly audible at a distance of 100 feet or more from the motor vehicle. Section 3-1508.C. has been amended to delete the wind requirement and clarify that only "loud and raucous" noise is prohibited. . Section 3-150S.D has been amended to clarify that a person becomes liable for ensuring that noise sources do not violate the noise ordinance only when the person has some ability to control the noise. The amendment will ensure that the ordinance is applied constitutionally so that third persons who did not actually produce the noise are not cited unless they were also culpable. Section 3-150S.E has been amended to limit the exception for religious worship activities to those activities occurring on or in religious facilities. The amendment will ensure that persons do not unreasonable disturb the public by producing a "loud and raucous" noise while located in a public place only to then claim that they were exercising their religious freedoms. Staff Report - Community Development Board - March 18, 2003 - T A2003-0 I 00 I - Page I . . . CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any Code amendment must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify conditions under which a person violates the noise ordinance. These proposed amendments further the following purposes of the Code: . Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the City; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the City. Section 1-103 .E.3 - Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the City's economic underpinnings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They more specifically clarify the criteria for issuing a citation to a person for violating the noise ordinance. ATTACHMENT: Proposed Ordinance No. 7099-03 The Planning Department recommends APPROVAL of Ordinance No. 7099-03 which makes revisions to the Community Developmen~ :Od~ regard:,. g noise. ~ Prepared by PlanmnglLegal Department Staff:~Jl eLl)JJ", 0 v' < Rob Surette, Assistant City Attorney ('- l-of . S:IPlanning DepartmentlCommunity Development Code\2003 Code AmendmentslStaj] Report - Ord. 7099-03 (noise amendments)2.doc Staff Report - Community Development Board - March 18, 2003 - T A2003-0] 00] - Page 2 . . . 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" ACTIVITES 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 straight line from the radio, loudspeaker, motor, horn. or other noise source.";' The which 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 straight 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 sh:J1I bo unb'lIful for :Jny porson to C:Juso loud :Jnd r:Jucous noise to bo hO:Jrd upon tho public strootc, in :Jny public p:Jrk, in :Jny cchool or public building or grounds thoroof, in :Jny church or hospit:J1 or tho grounds thoroof, in :Jny p:Jrking lot, or in :Jny occupiod rosidonti:J1 d'Nolling :Jnd in :Jny ovont from :J 10c:Jtion not loes th:Jn 50 foot from tho sourco of tho noiso, mO:Jsurod in :J str:Jight Iino from tho r:Jdio, 10udcpo:Jkor, motor, horn, or othor noise sourco. ~ G. The following noises, as limited by Section 3-1508A, sh:J1I bo doomod loud :Jnd r:Jucous :Jnd 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 which cubst:Jnti:Jlly diminishoc tho volumo of tho sound of tho oxh:Just. 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 &HeR engine is equipped with a muffler device sufficient to prevent loud and raucous noise which cubct:Jnti:Jlly diminiehoc tho volumo of tho eound of tho oxh:Juct. 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 :Jt :J dist:Jnco in :Jny diroction of gro:Jtor th:Jn 100 foot during wind conditions of loss th:Jn 15 milos por hour. 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 at-a dist:Jnco in :Jny diroction of gro:Jtor th:Jn 100 foot during wind conditions of loce th:Jn 15 miloc por hour. 2 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 noicoc. 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 OXc::l'.'::lting. 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 buildinq 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. . 3 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 knowledge or reason to know that the activity was occurrinq, failed to intervene in an attempt to prevent the activity from occurring. and had the power or authority to prevent the activity from occurrinq. 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; 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 occurring 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 PASSED ON SECOND AND FINAL READING AND ADOPTED 4 Ordinance No. 7099-03 . . . . . Brian J. Aungst, Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 5 Ordinance No. 7099-03 . ~~~s , 2J(U>~3 CDB Meeting Date: March 18.2003 Case: T A2003-xxxx Agenda Item: Cx REQUEST: CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT Amendments to the Community Development Code Regardin~ U/l ~f,{ Noise, Section 3-1508 - Ordinance No. 7099-03. g ) INITIA TED BY: City of Clearwater Legal Departments ') '-I/} 61J(d BACKGROUND INFORMATION: When the Community Development Code was adopted on January 21, 1999, the noise ordinance, which was contained in Chapter 20 of the City Code, was recodified in Section 3-1508. When the noise ordinance was recodified, it was amended to impose a requirement that before the City could issue a citation to a person for operating an excessively loud radio, amplifier, phonograph, or sound truck, the wind conditions had to be less than 15 miles per hour. The wind requirement has proven to be unworkable, especially on Clearwater Beach. The amendments would also clarify that only "loud and raucous" noises are prohibited by the ordinance and that a Police Officer must hear the "loud and raucous" noise at a distance of at least 100 feet from the source of the noise. The amendments would further clarify the circumstances under which a person becomes liable for ensuring that noise sources do not violate the noise ordinance and the circumstances when religious worship activities are exempt form the noise ordinance. ~ALYsis:----- . ----=-----~ ~ Wh! do we need a code am~ Sections 3-1508 A-B have been amended to clarify that an officer must hear the "loud and raucous" noise at a dis e 0 t least 100 feet from the source of the noise before the officer can issue a citation. WH ection 3-1508 C. has been amended to delete the wind requirement and clarify t a only "loud and raucous" noise is prohibited. ~D Section 3-1508 D has been amended to clarify that a person becomes liable for ensuring that noise sources do no . 0 a the noise ordinance only when the person has some ability to control the nois HY? ction 3-1508 E has been amended to limit the exception for religious worshi s to those activities occurring on or in religious facilities. ~ ~~ . . CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify conditions under which a person violates the noise ordinance. These proposed amendments further the following purposes of the Code: Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the City; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the City. Section 1-103.E.3 - Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the City's economic underpinnings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They more specifically clarify the criteria for issuing a citation to a person for violating the noise ordinance. The Planning Department and Legal Staff recommend APPROVAL of Ordinance No. 7099-032. Prepared by Planning Department and Legal Department Staff: ATTACHMENT: Proposed Ordinance No. 7099-03 S:\Planning Departmen^Community Development Code\2003 Code Amendments\Staff Report - Ord. 7099-03 {noise amendments)2.doc Page 2 . e CDB Meeting Date: March 18,2003 Case: TA2003-xxxx Agenda Item: Cx CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code Regarding Noise, Section 3-1508 - Ordinance No. 7099-03. INITIATED BY: City of Clearwater Legal Departments BACKGROUND INFORMATION: When the Community Development Code was adopted on January 21, 1999, the noise ordinance, which was contained in Chapter 20 of the City Code, was recodified in Section 3-1508. When the noise ordinance was recodified, it was amended to impose a requirement that before the City could issue a citation to a person for operating an excessively loud radio, amplifier, phonograph, or sound truck, the wind conditions had to be less than 15 miles per hour. The wind requirement has proven to be unworkable, especially on Clearwater Beach. The amendments would also clarify that only "loud and raucous" noises are prohibited by the ordinance and that a Police Officer must hear the "loud and raucous" noise at a distance of at least 100 feet from the source of the noise. The amendments would further clarify the circumstances under which a person becomes liable for ensuring that noise sources do not violate the noise ordinance and the circumstances when religious worship activities are exempt form the noise ordinance. ANAL YSIS: - ii",';,: ~.... t~';(;' ~'ii; ..,.:' ';i,,(<:":i~'::";~"";:i;":>;"":':>"'::: i. i :" ,~;~,' :'f" ' '.: """, ,'/:., '", ", . ,~, ';' " : .;,,:',';! ' Sections 3-1508 A-B have been amended to clarify that an officer must hear the "loud and raucous" noise at a distance of at least 100 feet from the source of the noise before the officer can issue a citation. 11II Section 3-1508 C. has been amended to delete the wind requirement and clarify that only "loud and raucous" noise is prohibited. 11II Section 3-1508 D has been amended to clarify that a person becomes liable for ensuring that noise sources do not violate the noise ordinance only when the person has some ability to control the noise. 11II Section 3-1508 E has been amended to limit the exce.or religious worship activities to those activities occurring on or in religious facilities. Page 1 . . CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. The proposed amendments are not inconsistent with goals, policies, or objectives from the Clearwater Comprehensive Plan. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments clarify conditions under which a person violates the noise ordinance. These proposed amendments further the following purposes of the Code: Section 1-103.A - It is the purpose of this Development Code to implement the Comprehensive Plan of the City; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the City; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the City. Section 1-103.E.3 - Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the City's economic underpinnings. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensi ve Plan and the purposes of the Community Development Code. They more specifically clarify the criteria for issuing a citation to a person for violating the noise ordinance. The Planning Department recommends APPROVAL of Ordinance No. 7099-032. Prepared by Planning Department and Legal Department Staff: ATIACHMENT: Proposed Ordinance No. 7099-03 S:\Planning Departmen^Community Development Code\2003 Code Amendments\Staff Report - Ord. 7099-03 (noise amendments )2.doc Page 2 , ~ . N~ . ORDINANCE NO. 7063-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SIDEWALK CAFES AND TO FEES FOR SIDEWALK CAFES AND COMPREHENSIVE SIGN PROGRAM MINOR AMENDMENT; REPEALING SECTION 3-201 C IN ITS ENTIRETY AND REENACTING A NEW SECTION 3-201C. SIDEWALK CAFES; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION BY ADDING A DEFINITION FOR SIDEWALK CAFE; AMENDING APPENDIX A, LAND DEVELOPMENT CODE TO SET FORTH NEW FEES FOR SIDEWALK CAFE REVIEW, SIDEWALK CAFE PERMIT AND A MINOR AMENDMENT TO COMPREHENSIVE SIGN PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes) in the downtown and tourist districts of the City of Clearwater to provide a unique environment for relaxation and food consumption; and WHEREAS, because of the high intensity of development in the Downtown "0" and Tourist "T" zoning districts, the lack of adequate vacant land, and the need to encourage the redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk cafes to be located on sidewalks in the public right-of-way; and WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to these areas and encourages more downtown and beach activity and redevelopment; and WHEREAS, there is a need for regulations and standards for the existence and operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety standards is necessary to protect and promote the general health, safety, and welfare of the residents of the City of Clearwater; and WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or any easements contained therein; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 3-201 C. Sidewalk Cafes., Community Development Code, is hereby repealed in its entirety and reenacted as follows: 3-201 C. Sidewalk cafes. Ordinance No. -01 , . . >.1 1. Purpose and Applicability. It is the intent of the City to allow sidewalk cafes so as to enhance the pedestrian, urban and beach character of the City by providing an additional amenity for the public to enjoy. Sidewalk cafes are permitted in the Commercial District, the Tourist District on property located on Clearwater Beach only or in the Downtown district provided all requirements of this section are met. An sidewalk cafe may be established as an accessory use to a restaurant, nightclub or other appropriate business as determined by the Community Development Coordinator. This section applies to a sidewalk cafe located solely on private property or a cafe located partially or totally within the public right- of-way. 2. Application Requirements and Review Process. a. Review process. If an sidewalk cafe is to be added to an existing business, then the sidewalk cafe shall be reviewed as an accessory use/Minimum Standard Development. If the cafe is proposed as accessory to a new business, then the sidewalk cafe shall be reviewed along with the proposed use as either Level One-Flexible Standard or Level Two-Flexible Use as determined in the applicable zoning district. b. Submittal requirements. (1) The applicant is required to hold a pre-application meeting with the Community Development Coordinator to discuss the proposed sidewalk cafe and application requirements. (2) A completed application for a sidewalk cafe permit shall be submitted to the Community Development Coordinator. The application shall include, but not be limited to, the following information: COMPARE TO SITE PLAN REQUIREMENTS IN CODE (a) Name, address, telephone number, facsimile and e- mail address of the applicant (business owner or designee) and the property owner; (b) Name, address and legal description of the property on which the sidewalk cafe is proposed to be located; (c) For existing businesses, a copy of a valid City of Clearwater occupational license to operate the business establishment that is the subject of the application; (d) Written approval to request the application from the owner of the property in which the permitted business established is located; 2 Ordinance No. '\ . . ,j (e) A site plan (drawn to scale of minimum 1 :50) showing the layout and dimensions of the sidewalk; sidewalk cafe area and adjacent private property and building showing entrances and exits; proposed location, size and number of tables, chairs, steps, umbrellas, awnings, canopies, location of doorways, trees, parking meters, bus shelters, sidewalk benches, trash receptacles, railings. decorative chains and any other fixture, structure or obstruction either existing or proposed within the sidewalk cafe; (f) Photographs, drawings or manufacturers' brochures fully describing the appearance, color, and materials of all proposed tables, chairs; umbrellas, awnings, canopies or other fixtures related to the sidewalk cafe; (g) Copy of written approval from any agency other than the City of Clearwater having jurisdiction over the right of way; and (h) For sidewalk cafes on public right-of-way, a copy of current certificate of insurance in the amounts and categories required by this article. c. General requirements for all sidewalk cafes. (1) Operational requirements. (a) The permit shall be issued to the permit holder and shall be transferable only with the prior written approval of the City Manager or his/her designee. (b) Sidewalk cafes that wish to serve alcoholic beverages must have a valid license from the State of Florida to sell alcoholic beverages for consumption on premises in connection with a restaurant use or other appropriate business. (c) No food preparation shall be allowed on the sidewalk. There shall be no cooking, storage of foods or materials, cooling, refrigeration or other equipment located in the sidewalk cate area. (d) No amplified music provided to the patrons of a sidewalk cafe shall be identifiable in terms of the meaning of words or the melody of the music at a distance of 100 feet in any direction from the sidewalk cafe when sustained wind velocity is less than 15 miles per hour. REVIEW WITH ROB SURRETTE-RE NE NOISE ORDINANCE 3 Ordinance No. '\ . . .' (e) The hours of operation of a sidewalk cafe shall be coincident with the hours of operation of the principal business to which it is accessory. (f) The operator of the sidewalk cafe shall meet all other City, county and state regulations, laws or ordinances. (2) Location and design requirements. (a) Sidewalk cafes are restricted to the sidewalk frontage of the subject business establishment to which a permit has been issued or such other area as approved by the City Manager or his/her designee. (b) Sidewalk cafes shall be located in a manner that promotes efficient and direct pedestrian movement. A minimum of one unobstructed pedestrian path at least four feet wide shall be maintained at all times. In areas of congested pedestrian activity a wider pedestrian path may be required. Access to fire hydrants, fire hose connections for sprinkler systems, and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating. (c) Any sidewalk cafe whose floor area is in excess of 25% of the floor area of the principal use shall be considered as floor area in determining the number of required off-street parking spaces for the principal use. (d) To insure the convenience of users and to enhance the visual quality of the urban environment, the sidewalk cafe shall comply with the Design Guidelines for the district in which it is located. Specifically, tables, chairs, umbrellas, canopies, awnings and all other fixtures/decorative materials shall be of good design made of quality materials and workmanship, be fire-retardant or manufactured of fire resistant material. Tables, chairs and other fixtures used in connection with the sidewalk cafe shall not be attached, chained or in any manner affixed to any tree, post. sign or other fixture. (e) No tables or chairs will be permitted within the sight visibility triangle of a street intersection or driveway as required in this code. Tables or chairs shall not be placed within four feet of bus stops, taxi stands, telephone booths, fire hydrants, or counter service windows or within two feet of any building entrances and/or exits. (f) The perimeter around the sidewalk cafe area shall be delineated using non-permanent fixtures such as railings, potted plants, decorative chains, or other approved fixtures. (3) Mai ntenance. 4 Ordinance No. ~, . . ..' (a) Tables, chairs, umbrellas, canopies, awnings and any other fixtures used in connection with a sidewalk cafe shall be maintained by the sidewalk cafe operator with a clean and attractive appearance and shall be in good repair at all times. (b) The sidewalk cafe area, the area extending from the sidewalk cafe area to the street, and five feet beyond either end shall be maintained by the business owner in a neat and orderly appearance at all times and shall be cleared of all debris on a daily basis. (c) The sidewalk cafe operator is responsible for repair of any damage to the sidewalk caused by the sidewalk cafe. The repair shall be made to City standards and within a reasonable timeframe. d. Additional Requirements for Sidewalk Cafes on Public Rights-of-Way (1) By use of any permit granted hereunder, the permit holder agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of the use of the public sidewalk. The permit holder shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to issuance of a permit. (2) The permit holder shall furnish, pay for, and maintain during the life of the permit with the City: (a) Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. The City is to be specifically included as an additional insured on the policy. (b) Workers' Compensation insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability which meets all state and federal laws. (3) The Permit holder shall provide the City with a certificate or certificates of insurance showing the existence of coverages required by this Permit. The Permit holder will maintain these coverages with a current certificate or certificates of insurance throughout the term of the permit with the City. (4) When specifically requested by the City in writing, the Permit holder will provide the City with certified copies of all polices of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been 5 Ordinance No. " &-' . . requested, shall be provided the City whenever any policy is renewed, revised, or obtained from other insurers. (5) All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. (6) The City of Clearwater may require the temporary removal of sidewalk cafes and all related furniture an fixtures by the permit holder when street, sidewalk. or utility repairs necessitate such action or when, at the City's sole discretion, it is necessary to clear sidewalks. The permit holder shall be responsible for removing all sidewalk cafe fixtures at least two days prior to the date identified in writing by the City. The City shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (7) The City may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The City, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any costs associated with the removal or the return and installation of any sidewalk cafe fixtures. (8) The City shall have the authority to secure or remove fixtures and other items associated with the sidewalk cafe if necessary in the interest of public safety. 3. Standards for Review and Decision. The Community Development Coordinator shall review an application for an sidewalk cafe to determine compliance with all requirements of this section through a complete application including site plan, business plan, proof of insurance and all other documents required by this code. The Community Development Coordinator may approve the application, approve the application with conditions that ensure compliance with this code and are needed to ensure compatibility of the sidewalk cafe with adjoining businesses, or deny the application. The time frames for review of a sidewalk cafe for an existing business shall be (LIKE A BUILDING PERMIT). The time frame for review of a sidewalk cafe as part of a Flexible Standard or Flexible Use shall be as prescribed in Sections _ of this code. Upon approval, each permit shall be effective for one year from October 1 until September 30, and must be renewed annually with the approval of the City. A renewal with no significant changes to the sidewalk cafe as originally approved will not require a complete review. Any significant changes to a sidewalk cafe shall require review as a new application. The City of Clearwater reserves the right to inspect the sidewalk cafe at any time with or without notice to the operator to determine compliance with this code and any conditions attached to the sidewalk cafe. 6 Ordinance No. ,- '. . . 4. Appeal of Community Development Coordinator Decision. For sidewalk cafes using public property, the Community Development Coordinator may deny an application for outdoor cafe permit for a public property if the applicant fails to provide the required information of fails to meet the criteria for permit issuance. Such action shall be considered final and is not subject to appeal. For sidewalk cafes on private property, an appeal of the Community Development Coordinator's decision may be submitted in accordance with the provisions of Section _' 5. Revocation of permit. The Community Development Coordinator may revoke a permit for any sidewalk cafe located on public property if it is found that: Section 2. Appendix A, Land Development Code, Schedule of Fees, Rates and Charges, Section VIII, is hereby amended to read as follows: There is hereby established the following fees and charges related to review and processing of Level One, Level Two and Level 3 Three applications: (1) Level One. * * * * * (i) Sidewalk Cafe Application If proposed as accessory to an existinQ use............... ..$50.00 If part of a Flexible or Flexible Standard Application. no additional fee. Sidewalk Cafe Permit...................................................... ..$120.00 Due on or before October 1 of each year and shall cover the time period of October 1 throuqh September 30 of the followinq calendar year. For a permit issued after October 1 and before September 30. the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculatinq the prorated permit fee. * * * * * (j) Minor amendment to approved comprehensive siqn proaram. per application .......................................................................... .$75.00 Section 3. This ordinance shall take effect on March 10, 2003. 7 Ordinance No. , . . PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 8 Ordinance No. . . ~pani, Cyndi From: Sent: To: Subject: Dewitt, Gina Tuesday. January 21,200312:05 PM Tarapani, Cyndi; Hollander, Gwen; Chase, Susan FW: Noise Ordinance Rob will be bringing a signed original over today. He made a minor change on the one I sent you on Friday. ----Original Message----- From: Surette, Rob Sent: Tuesday, January 21, 2003 12:09 PM To: Dewitt, Gina SUbject: FW: Noise Ordinance I made a minor change on the attached. From: Sent: To: Subject: Dewitt, Gina Friday, January 17, 20034:31 PM Surette, Rob Noise Ordinance ~ 7099-03.doc Hi Rob! Please print out and sign one original and send it back to me for routing aRoval. 3~ 0#&( ~ /' (lJ~ ~ V n~~ ~~ ~ Thanks! /" . . Fierce, Lisa From: Sent: To: Cc: Subject: Dewitt, Gina Thursday, January 23, 2003 2:56 PM Tarapani, Cyndi; Hollander, Gwen; Surette, Rob Fierce, Lisa RE: Noise Ordinance No, I specifically checked with him there were no changes to the title. -----Original Message----- From: Tarapani, Cyndi Sent: Thursday, January 23, 2003 2:42 PM To: Dewitt, Gina; Hollander, Gwen; Surette, Rob Cc: Fierce, Lisa Subject: RE: Noise Ordinance Just want to make sure-I am providing to the Clerk for advertising purposes the below ordinance. I am assuming there are no changes to the tide. PLEASE ADVISE LISA FIERCE TODAY IMMEDIATELY IF THIS IS NOT THE CASE. Thanks. -----Original Message----- From: Dewitt, Gina Sent: Tuesday, January 21, 2003 12:05 PM To: Tarapani, Cyndi; Hollander, Gwen; Chase, Susan Subject: FW: Noise Ordinance Rob will be bringing a signed original over today. He made a minor change on the one I sent you on Friday. -----Original Messagemn From: Surette, Rob Sent: Tuesday, January 21, 2003 12:09 PM To: Dewitt, Gina Subject: FW: Noise Ordinance I made a minor change on the attached. From: Dewitt, Gina Sent: Friday, January 17, 20034:31 PM To: Surette, Rob Subject: Noise Ordinance << File: 7099-03.doc >> Hi Rob! Please print out and sign one original and send it back to me for routing after approval. Thanks! 1