§ 15.03. Prohibited excessive or unnecessary noises.
(a)
It shall be unlawful for any person to willfully make, continue, or cause to be made or continued any loud and raucous noise, which term 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 city limits. The term includes the kinds of noise generated by the activities enumerated in subsection (b), except as provided in subsection (d).
(b)
The following specific acts and causes thereof are presumed to be in violation of subsection (a) and to constitute a loud and raucous noise. This enumeration does not constitute an exclusive list:
(1)
Engine exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through an operative and effective muffler or other device which will effectively prevent loud and raucous noises therefrom. A muffler or other device shall be considered effective under this subsection if the muffler or other device is equal to or better than the original equipment manufacturer's specifications for preventing noise.
(2)
Construction equipment. The operation between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, between the hours of 6:00 pm and 8:30 am on Saturdays or at any time on Sunday, of construction equipment, including, but not limited to, any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist tractor, earth moving equipment or other construction equipment, the use of which is attended by loud and raucous noise. The operation of construction equipment prohibited during the above-stated times shall include pre-staging and set up of such equipment, and lining up vehicles with gross combination weight rating (GCWR) above 50,000 pounds, or powered industrial trucks, at or near the construction site.
(3)
Blowers, etc. The operation of any blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device which is operative and effective to prevent loud and raucous noise.
(4)
Horns, signaling devices, etc. The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise.
(5)
Entertainment noise. Entertainment as defined in section 271.00 of the Safety Harbor Comprehensive Zoning and Land Development Code performed outdoors between the hours of 11:00 p.m. and 7:00 a.m. for the area of 2 nd Street N to 2 nd Street S, between 10 th Avenue and Bayshore Boulevard, including the land extending east from Bayshore Boulevard to Tampa Bay, and between the hours of 10:00 p.m. and 7:00 a.m. at all other locations within the city.
(6)
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.
(7)
Animals, birds, etc. The keeping of any animal or bird which frequently or for continuous periods of time causes a loud and raucous noise on two (2) separate incidents of, at least, fifteen (15) minutes continuously within a fourteen-day period between the hours of 6:00 a.m. and 9:00 p.m.; or a single period of, at least, fifteen (15) minutes continuously between the hours of 9:00 p.m. and 6:00 a.m.
(8)
Vehicles or vessels. The use or operation of any motor vehicle or vessel which produces loud, grating, grinding, rattling, irritating or other loud and raucous noise or which is not equipped with an effective motor sound suppression device equal to or better than the original manufacturer's specifications or is otherwise sufficient to prevent loud and raucous noise so as to prevent loud and raucous noise.
(9)
Construction or repairing of buildings. The erection, including excavating, demolition, alteration or repair of any building so as to create a loud and raucous noise between the hours of 6:00 p.m. and 7:00 a.m., except in case of urgent necessity in the interest of public health and safety and then only with permission from the building director.
(10)
Noises heard within schools, public buildings, churches, [or] hospitals. The creation of any loud and raucous noise heard within any school, public building, church, or hospital, or the grounds thereof, while in use, which interferes with the workings of such institution, or which disturbs or annoys patients in the hospital.
(11)
Noises to attract attention. The use of any drum or other instrument or device to create a loud and raucous noise.
(12)
Machinery, etc. Sounds produced from machinery, manufacturing equipment, air conditioners, heating units, ventilators, or blower equipment at frequent or continuous periods of time which create a loud and raucous noise.
(13)
Lawn maintenance equipment. Sounds produced from lawn maintenance equipment between the hours of sunset and 7:00 a.m. on any day so as to create a loud and raucous noise.
(c)
Any person, owner, agent or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of a device or machine creating noise as prohibited in this section, any person who is in possession of any such device or machine, or any person who creates an unlawful noise as defined by this section shall be deemed guilty of violating this section.
(d)
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 whistles on police, fire, ambulances and other emergency response vehicles.
(3)
Parades, fireworks displays 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, including festivals, concerts, and athletic events.
(5)
Emergency alarms, such as fire 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, including, but not limited to, bells and organs.
(7)
Locomotives and other railroad equipment, buses and aircraft.
(8)
Public service vehicles, street sweeping machinery, buses or other vehicles, equipment, or machinery operated by employees of a county, city, or other public agency.
(e)
Each violation of any provision of this section shall constitute a separate offense and shall subject the offender, upon conviction, to a fine of not more than five hundred dollars ($500.00) or imprisonment for a period not exceeding sixty (60) days, or both, in the discretion of the court.
(f)
Any violator of section 15.03(b)(2) shall be subject to a fine of $250.00 for the first offense, $500.00 for the second offense and $750.00 for the third offense.
(g)
For purposes of this section, the following terms shall have the meanings prescribed below:
(1)
"Motor boat," "personal water craft" or "vessel" shall have the meanings defined in F.S. § 327.02, paragraphs (11), (12), (16), (17), (22), (27) and (33).
(2)
"Motor vehicle" shall have the meaning defined in F.S. § 320.01.
(Code 1970, § 15-18; Ord. No. 96-28, § 1, 9-16-96; Ord. No. 2003-10, § 1, 4-21-2003; Ord. No. 2010-18, § 5, 2-7-2011; Ord. No. 2017-01, § 2, 3-20-2017; Ord. No. 2018-03, § 2, 4-2-2018)