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Ordinance 85-694wHF.REAS, the City Commvss von of the City of Longwood, Florida, has determined that it xs vn the Dest int ex ests of the City o£ Longwood that the Cv y ommrssron revr se the norse ordinance, CITY OF LONGWOOD, FLOR20A, AS FOLLOWS: SECTION 1: AUTHORITY; PURPOSE; SCOPE. This ordinance is enacted under authority o£ Yh g eral Home Rule Power of the City of Longwood, Florida, for the purpose of controlling unnecessary, exc es svve, unhealthful and annoying noes es within the vncorpor at ed areas o£ Longwood, Florida, vn tfie interests of the health, safety, and welfare of the cot evens of Log od, sa.i.d ordinance to be pp ed and enforced witfi in the incorporated areas of Longwood, Florida. SECTION 2. SHORT TITLE. This ord rnance shall be referred to as the Noise Control Ordinance of the City of Longwood, FLOZida. SECTION 3: DEFINITIONS. The following words and phrases when used in this ordrnance shall have the mean g respectively as rgned to them in th vs section, except wfiere <he context otherwise clearly requires: (a) "A-weighted scale sh atl mean a sound level scale us g he a weighting network to measure sound level, the standard unvt notat von being d8(A). (b) Amb vent noose shall mean all-encompass g orse assocvated with a given envvrov:,ent, being usually a composite o£ sounds from many sources both near and fax. (c) Ambvent Horse level" shall mean the Level obtained when the Horse level is averaged over a period of at least fifteen ~ 115) mi notes without incl.u sion of nurse from occasional oz occasional and transient sources at the location and <ime of day near chat at which a c Prison is to be made. (d) Andrble shall mean ihac the in£ormat ion content of the sound is unam g ously transferred to the auditor, including, but not lamat ed to, the underst andinq of spoken speech and the comprehension o£ musical rhythms. (e) Roard" shall mean the Board of City Commissioners of Longwood, Florida. (f) Commercial purpose" shall mean the installation, use, or operation of any outdoor sound amplifying device for the purpose of advertising any busy Hess, goods, or services, or for the purpose of attracting the att ent von of the public to, advertising tor, or so it cre ing patronage or customers co or for any ent ert ainmene, event, exhibie ion, performance, or show, or for the purpose of demonstrating such outdoor sound amplifying device. (g) City" (or "Longwood") shall mean tfie incorporated terrvtories o£ Longwood, Florida. (h) "pec ibel" (dH) shall mean a unit of level which deno<es the ratio be<ween two (2) quantities which are proportional t p er, the number of decibels corresponding to the ratio of two 1 (2) amouncs of power is ten (10) tames the logar itivn to the base (10) of this iat io. (i) Device shall mean any equipment or mechanism whi cfi is antended top duce or which actua y produces sound installed, used, or operated. (j7 Gross combinat von weight rating" or GCVlR shall mean the value specified by the manufacturer as the loaded weigfiY of a combination vehicle. (k) cross veh vc.te weight zati g or GVWR shall mean the value specified by the manufacturer as the loaded weight of 1 a single vehicle. (l) °Snaoor aoana amps ifrinq aewice" shall moan any r equipment or machvne for the amplification of speech, mus rc or other sound wvih rn any roofed building or structure havinq more than fifty (508) percent of its anteraor floorplan enclosed aDOUt wvth walls. (m) Motor vehicle" shall mean any vehicle wh vch vs self-propelled and ev y vehicle which is propell ea by electrvc power Lrom overhead trolley wires, but not operated on rails. (n) "Motorcycle" sha 11 mean y vehicle having a seat or saddle for the use of the rrder and designed to travel on not more than three wheels in contact with the ground, but. exclud q (o) Motor-driver cycle" shall mean ev y of or cycle and every motor scooter wvth a motor which produces not to exceed five brake horsepower, including every bicycle with a motor (p) Non-commercial purpose" shell mean the installation, use or operation of any outdoor sound amplifying device for other than a commercial p p e, vncludi ng, but not limited to, charitable, patriot.i c, philanthropic, an p itvca purposes. (q) Other zones shall mean al.l. those d.i stricts not zoned for residential uses by the City. (r) Outdoor sound amplifying devvice shall mean any f equipment or machine for the outdoor amplification of speech, musvc, or other sound. (sl Person shall mean indi vvduals, children, firms, associat eons, joint ventures, pare nersh ips, est al es, trusts, business trusts, syndicates, fiduciaries, and other sound. (t) Resvden<ial zones shall mean all those dust ri cis zoned for residential uses by the City o£ Lo gwood, and shall include, but not be lvmitea to, A-lA, A-1, R-2, and R-3 zoned areas, which are the classifications as defined in the Zoning Ordinances of Lo gw d, Florida. (n) soma level mac er aTall mean an rnstrnmem rncloa a microphone, amplifier, ontpnt mater, ana °A° fregaenry waiyhting or o<ner sonna, rnelnaing, but without lrm,tacron to, raaioa, televisions, phonographs, t pe players, and musrcal instruments. (x) Vehicle" shall mean any machine, vn, upon or by which any person or property is or may be transported or drawn upon or over any higTway, thorougTfare or ground wvthrn the City, except machines moved by human power or used exclusively upon scat vonary ra rls or tracks. Said defin is ion shall include hovercraft. (y) Wat ercra £t" shall mean any machine an, pon or by which any person or proper<y is or may be transported or drawn p or over any watercourse or waterbody (including swap nos) of the City. Savd definition shall vnclude hovercraft and avrboat s. .~ (z) The singular shall vnclude th p cal and voce versa. (aa) The mas culvne shall include the Feminine and the neater ana ~rre versa. (bb) Defvnvt eons of technvcal Germs not defined hereon shall be obtained from Amerrcan Nat vonal Standards Instv<ute s most recent publication thereof. SECTION 4: oPEAAT20N OF VEHICLES. (a) No person shall modify the exhaust system of a motor vehicle or any other noose abatement device o£ a motor vehvcl.e operated or to be operated anywhere within the C y of Longwood "~ vn a manner that the horse emvtt ed by the motor vehicle •s above that em vtted by tTe vehicle as originally manufactured. No person shall operate a motor vehicle within Longwood wrth an exhaust system or noose abatement device so modified. fb) No person shall o, ate or be permitted to operate anywhere wrth rn the City a vehicle at any time or under any condition of roadway grade, load, acceleration or deceleration 1n such a manner as t0 generate a sound level in excess of the following lrmrt for the category of vefi isle and applicable speed lrmrt at a distance of fifty (50'7 feet from the center of the lane or course of travel under measurement procedures established consistent with this ordinance. (i) For motorcycles other than motor-driven cycles: d Level L Speed L m5peed L 35 mph oral ess Over 35imph ]B dB A 82 d8 A (ii) For any motor vehicle wit a GVWA or GCWA of 10,000 pounds or more. Sound Level Limit Speed L Speed Limit 35 mph oriless Over 35 mph 06 de A 90 dB A (.iii) For motor-driven y es and any other motor vehicle not included in paragraphs (i) Or (ii): soana Level Lrmrt speaa u speaa L 3s mph Oriiess over 3srmpn ]0 d8 A 79 dB A (c7 The measurement p cedures for determining compliance with this sectvon shall. include the selection of measurement srt es and shall take into consideration accepted scient if is and professional methods for the measurement o£ vehicular sound levels. measurement procedures shall include adjustment for ambient noise level and may include adjustment for measurement distances of other than fifty feet from the center of the lane or course of travel. SECTION 5: EXEMPTIONS. The following are exempt from the operation of this ordinance: ~ (a) Emergency veh vcles. (b) Any motor veh vcl es engaged in a professional or amateur sanc<voned cop vt vve sports event for wh v<h admission or entry fee is charged, or practice or <rme trv als for such event at a location customarily used for such sanct tuned event, (c) Any motor vehicles eng ge vn manufacc urer's g eer g, design or equipment test, (d) Constructron or agri<ult oral equipment evther on job svte or Traveling to and from job sat e. SECTION 6: OPERATION OF MOTOR VEHICLE ADDIBLE SZGNAL DEVICES. No person shall operate or sound or cause to be p aced or sounded 1 a motor veh i<le wren, bell, or ocher and i.b le signal device under any circumstance except as required by aw and for any unnecessary or unre asonaD le p vod o£ tome. SECTION I. OPERATION OF WATERCRAFT. No person shall operate nr <anse to be operatea anv watercraft within the coon<v wni<h produced at a dvstance of fifty (EO') feet Erom said watercraft, wvt Fan any residential zone, a sound level of nvnety (90) dB A. SECTION B: OPERATION OF OUTEOOR SOUND AMPLIFYING oEVICEH. No p son, ex pt for personnel of law enforcement or governmental agencies, shall install, use, or op ate or cause to be installed, 1 used, or opera<ed any outdoor sound amplifying device in a fixed or movable position, or in a mounted or attached position, or upon a motoc vehacle or watercraft for <he purpose of transm rt<ing speech, music, or other sound to any person within the Ci[y except when .v nst all ed, used, or operated in compliance with ike following regulations: (a) Commercial Purposes in Resvdent val Zones. No sound amp l.ify ing device snall be insta l3 ed, p at ed, or used for commercial purposes at any tame in any res vdentval zone nor wvthvn five hundred (500) feet thereof. 1 (b7 Non-commercial P p es vn Residential zones. No sound amplifying device sn all be ope ated or used for non-commercial purposes between the Tours of 10:00 P.M, one day and ]:30 A.M. the following day in any resrde nt ral zone nor within five hundred (500) feet thereof, except wfien used for regulaely scheduled operative £unet ions of and by any seTOOl or for the usual and customary purposes of and by any church. Bloc pa rtres and other functions may be ex pt ed from the provisions of thrs subsection upon approval in advance from the City Commrssron. (c) Commercial Purposes in 6[fi er Zones. Ao sound amplifying device sfiall be operated or used for commercra p rposes between tfie hours o£ 12:00 Midnight one day and ]:00 A.M. the following day in y ther zone within the City. (d) Non-COmmercial Purposes in Othec Zones. No sound plifyi ng device shall be operated or used for non-comme rcral purposes between the hours of 12:00 Midnight one day and ]:00 A.M. the following day in any other zone within the City. (e7 Commercial and Non-Commercial Purposes Near Cert avn Grounds. No sound amplifying device shall be rnstall ed, p ated, or used for commercial or non-commercial purposes upon any property adjacent to and with two hundred (2007 feet. of any grounds upon which is located a court, church, hospital, school, nursing Tome, or Tome for the aged, while such Eacrlrtves shall be vn use within the City, except as provided for in (b7 and (d). (f7 Sound Lvmvtat ions. Sounds emanating from an outdoor sound amplifying device shall be lrm rt ed in Volume, tone, and intensity as follows: (11 The sound shall not be audible at a distance rn excess of two hundred (200) feet From the sound amp l.ifyi ng aewice. (z) The aonna shall hoe be lona ana raucous or unreasonably jarring, arstu rb ing, an y g r a nu.is ance to reasonable persons of normal sensrt vV ity within the area of audrbvlity. SECTION 9: OPERATION OF INOOGR SOUND AMPLIFYING DEVICES. No p son shall operate or cause to be op at ed an indoor sound producing device within a y esidenti al zone or within free hundred (500) feet thereof which produces a sound level of five (5) or more decibels in excess o£ tfie ambient noose level as measured the property line of a y occupied residentially zoned proper<y, or, if a condominium, apartment building, or duplex, within any shall be punished by a £ine not to exceed Five Hundred ($300.00) Dollars or by imprisonment in <he County Jail not to exceed sv xty (60) d y or y oth fine and imprisonment. £ach day or portion thereof in wh.i.ch such v>o lation occurs shall const vt ute a p ate violation. sour may be brought in the cur cunt Court of semrnote County to restraa n, enjoin, or otherwise prevent vro lation of this SECTION 13. CONSTRDCTON. Thos ordinance shalt be deemed to be cumulatvve and supplemental and vn addition to any other act, law, or orarnanee relating co cne control of unneceaaarv, excaaar~e and annoying noes es within tfie incorporated areas of the City of Longwood, F.i or.ida. This oravn ance p sedes and r p is any exvsting noose control ordananc e, special law, or regulation which vs vn dvrect, vrr econcvl aD le conflvct herewith. Thos oravn ance shall be liberally construed vn order to effect.ivel.y carry out the p po es of this ordinance i p tecti ng the ant erests of the hea.ith, safety, a£t er the exclusion of suc part or parts shall be deemed and held to be ~alia as if ouch part or pans has not beer, ,nm~aea herein. I£ this ordinance or any portion hereof shall be held , pp cable ~' to any person, group of persons, property, kind of propertyll c,rcumst anc es, or set o£ crr cum stances, such holding shall not affect the applicability hereof co any ocher person, p op rty or E£CTION 15: ftEP£AL. This ordinance shall specifically repeal Chapter 11 of the City Code o£ Longwood, Florida. 58CT10N 16: EFFECTIVE DATE. This ordinance shall take e£fec< vmmeaiat ely upon passage an adoption. FIPET E£ADI ,[. P /9~S YAS SED ANO ADOPTED TH 5 /~ ~ OAY OF A. D. 1985 /~ .. N~ of Longwood, t'lortda AT" T' ><v clerx