Chapter 24 NOISE CONTROL*
__________
*Editor's
note: Ord.
No. 78-22, §§ 1, 2, adopted April 19, 1978, specifically amended the
Code by repealing former ch. 24, §§ 24-1--24-24, and enacting in lieu
thereof new ch. 24, §§ 24-1--24-11, as herein set out. Former ch. 24
pertained to the same subject matter, and had been derived from Ord. No.
73-6, §§ 1--23, 25, adopted Aug. 29, 1973.
Noise control, as promulgated by Ord. No. 75-9, was the responsibility
of the environmental quality control board, which was abolished by Ord.
No. 90-49, pursuant to § 8.17 of the Charter, with its functions being
taken over by the county. All references in this chapter to the EQCB
have been changed to "county."
Ord. No. 90-49 also specified that the duties of the former pollution
control officer be taken over by the director of the office of natural
resource protection, which office has been superseded by the Department
of Planning and Environmental Protection. The editor has, therefore,
added a definition of "director" as § 24-3(1); and that term
is used in place of the former PCO.
Cross
references: Sounding
of railroad train horns and whistles, § 21-12; maximum sound level
standards for vessels on county waters, § 21-16; noise pollution, §
27-231 et seq.
This chapter may be cited as the "Noise Control Ordinance of
Broward County."
(Ord. No. 78-22, § 2, 4-19-78)
Sec.
24-2. Declaration of findings and policy; scope.
(a)
Declaration of Findings and Policy. The
board of county commissioners of Broward County finds and determines
that excessive sound is a serious hazard to the public health and
welfare, safety and quality of lives; and, that a substantial body of
science and technology exists by which excessive sound may be
substantially abated; and, that the people have a right to and should be
insured an environment free from excessive sound that may jeopardize
their health or welfare or safety or degrade the quality of life.
Therefore, it is the policy of Broward County to prevent excessive sound
which may jeopardize the health and welfare or safety of its citizens or
degrade the quality of life.
(b)
Scope. This
chapter shall apply to Broward County.
(Ord. No. 78-22, § 2, 4-19-78)
As used in this chapter, unless the context otherwise clearly indicates,
the words and phrases used are defined as follows:
(1)
Director means
the director of the Department of Planning and Environmental Protection.
(2)
Noise means
any sound which annoys or disturbs humans, or which causes or tends to
cause an adverse psychological or physiological effect on humans.
(3)
Noise disturbance means
any sound which:
(a) Endangers or injures the safety or health of
humans or animals; or
(b) Exceeds the limits set forth in the rules and
regulations promulgated by the county pursuant to this chapter; or
(c) Endangers or injures personal or real property.
(4)
Person means
any natural person, individual, public or private corporation, firm,
association, joint venture, partnership, municipality, governmental
agency, political subdivision, public officer, or any other entity
whatsoever or any combination of such, jointly or severally.
(5)
Rules and regulations means
the rules and regulations adopted by the county pursuant to the
provisions of this chapter.
(6)
Sound means
an oscillation in pressure, particle displacement, particle velocity or
other physical parameter, in a medium with internal forces that causes
compression and rarefaction of that medium. The description of sound may
include any characteristic of such sound, including duration, intensity
and frequency.
(Ord. No. 78-22, § 2, 4-19-78; Ord. No. 78-37, § 1, 8-16-78; Ord. No.
1999-55, § 1, 10-12-99)
Sec.
24-4. Prohibited acts.
(a)
Noise Disturbance. No
person shall make, continue or cause to be made or continued any noise
disturbance. The making of noise in violation of this chapter shall
constitute prima facie evidence of a noise disturbance.
(b)
Tampering. Unless
authorized to do so by the director, no person shall remove or render
inoperative or inaccurate any sound monitoring instrument or device
positioned by or for the director, provided such device or the immediate
area is clearly labeled to warn of potential illegality.
(Ord. No. 78-22, § 2, 4-19-78)
Sec.
24-5. Powers and duties.
In order to implement this chapter and for the general purpose of noise
abatement and control, the county shall have, in addition to any other
authority vested in it by law, the power to:
(1) Promulgate and adopt, and revise and amend from
time to time, following public notice and hearing, appropriate rules and
regulations reasonably necessary for the implementation and effective
enforcement, administration and interpretation of the provisions of this
chapter, and to provide for the effective and continuing control and
regulation of noise disturbance in Broward County within the framework
of this chapter. Such rules and regulations may include, but shall not
be limited to, regulations which:
(a) Establish by quantitative performance standards
maximum allowable sound emission levels according to classification of
land use and maximum allowable sound emission levels for the use and
operation of any product or device.
(b) Establish time periods during which emissions in
excess of established sound levels shall not be permitted in designated
areas.
(c) Provide for the regulation of potential sources
of noise through the issuance, suspension and revocation of permits and
the posting of bonds in connection therewith.
(d) Designate noise sensitive zones which contain
noise sensitive activities for the purpose of insuring exceptional
quiet. Noise sensitive activities include, but are not limited to,
operations of schools, libraries open to the public, churches, hospitals
and nursing homes.
A rule or regulation adopted by the EQCB pursuant to this chapter shall
be submitted to each member of the board of county commissioners, with
copies to the county administrator and general counsel, at least thirty
(30) days prior to such rule or regulation becoming effective. If,
during that thirty-day period, no objection to the terms of such rule or
regulation is posed by a commissioner in writing to the county
administrator, with a copy to the EQCB, then such rule or regulation
shall become effective without amendment. However, if such a specific
objection is posed by a commissioner within the thirty-day objection
period, then such rule or regulation shall not become effective until
approved, or approved as amended, by a majority of the board of county
commissioners voting at a public hearing scheduled by the county
administrator and held within fifteen (15) days of the end of the
thirty-day objection period.*
__________
*Editor's
note: This
procedure would no longer be necessary since the EQCB has been abolished
and its duties taken over by the board of county commissioners.
(2) Conduct or cause to be conducted research
monitoring or other studies related to noise abatement and control in
Broward County.
(3) Cooperate to the extent practicable with all
appropriate state and federal agencies, and with other agencies of
Broward County and agencies of other counties and municipalities in this
state in the interest of noise abatement and control.
(4) Develop a long-term plan for achieving a
reduction of noise in Broward County.
(5) Enter into contracts for the provision of
technical and enforcement services.
(Ord. No. 78-22, § 2, 4-19-78)
Sec.
24-6. Powers and duties of the director.
In order to administer this chapter and the rules and regulations
promulgated hereunder, the director shall have, in addition to any other
authority vested in him by law, the power to:
(1) Enforce the provisions of this chapter and the
rules and regulations promulgated hereunder.
(2) Enter and inspect any private property or place,
and inspect any report or records at any reasonable time when granted
permission by the owner or by some other person with apparent authority
to act for the owner. When permission is refused or cannot be obtained,
a search warrant may be obtained from a court of competent jurisdiction
upon showing of probable cause to believe that a violation of this
chapter or of the rules and regulations promulgated hereunder may exist.
Such inspection may include the administration of any necessary tests.
(3) Require the owner or operator of any commercial
or industrial activity to establish and maintain records and make such
reports as the director may reasonably prescribe after notice of
violation issued pursuant to this chapter or the rules or regulations
promulgated hereunder.
(4) Require the owner or operator of any commercial
or industrial activity to measure the sound level of its activity in
accordance with the methods and procedures and at such locations and
times as the director may reasonably prescribe after notice of violation
issued pursuant to this chapter or the rules or regulations promulgated
hereunder, and to furnish reports of the results of such measurements to
the director. The director may require the measurements to be conducted
in the presence of his enforcement personnel.
(5) Make surveys and tests to determine whether the
provisions of this chapter and the rules and regulations promulgated
hereunder are being complied with, and whether noise is being
effectively abated and controlled throughout Broward County.
(6) Render technical and other assistance to persons
operating equipment or devices performing activities which emit sound so
as to aid in the voluntary reduction of the level of such sound
emissions.
(7) Establish, operate and maintain a continuous
program to monitor sound emission in Broward County.
(8) Publish and disseminate information to the public
concerning noise and recommend methods for reducing noise in Broward
County.
(9) Make periodic reports concerning the status of
noise throughout Broward County and the enforcement of the provisions of
this chapter, and the rules and regulations promulgated hereunder. Such
reports shall be filed with the board of county commissioners of Broward
County.
(10) Coordinate his administration and enforcement
efforts with appropriate officials of the state and federal government,
and with other officials of Broward County and other counties and
municipalities in this state in the interest of noise abatement and
control. Specifically, the director shall consult with the director of
the Broward County Division of Aviation to recommend changes in aircraft
operations to minimize any noise disturbance which the director may have
authority to control.
(11) Make recommendations to the board of county
commissioners for modifications or amendments to the rules and
regulations promulgated under this chapter.
(12) Administer noise program grants and other funds
and gifts from public and private sources, including the state and
federal governments.
(Ord. No. 78-22, § 2, 4-19-78)
The provisions of this chapter and the rules and regulations promulgated
hereunder shall not apply to:
(1) Noise generated for the purpose of alerting
persons to the existence of an emergency or noise generated in the
performance of emergency activities. For the purpose of this section,
"emergency" means any occurrence or set of circumstances
involving actual or eminent harm to any person or property or injury to
the public health or safety which demands immediate preventative or
remedial action, and "emergency activities" means any action
performed for the purpose of preventing or alleviating the harm or
injury threatened or caused by an emergency.
(2) Any noise generated by any noncommercial public
speaking and public assembly activities conducted on any public space or
public right-of-way pursuant to lawful authority.
(3) Any noise generated by the movement of aircraft
in accordance with or pursuant to applicable federal laws or
regulations.
(4) Any noise generated by new products or interstate
motor and rail carrier vehicles to the extent that local regulation of
the noise levels of such new products and interstate motor and rail
carrier vehicles has been preempted by the Noise Control Act of 1972 (49
U.S.C., sections 4901 et seq.), or other applicable federal laws or
regulations.
(5) Any noise generated by the operation of engines,
generators, pumps, construction tools, or other equipment for emergency
use.
(6) Any noise generated by the operation of vessels
on any waterways in Broward County, Florida [see section 21-16].
(Ord. No. 78-22, § 2, 4-19-78; Ord. No. 80-107, §§ 1, 2, 11-19-80;
Ord. No. 87-6, § 1, 3-10-87)
(a)
Regular Variances. The
county shall have the authority consistent with this section to grant
regular variances from the requirements of this chapter and from the
rules and regulations promulgated hereunder.
(1) Regular variances may be granted upon application
by any person for any one of the following reasons:
a. There exists no practicable means for the adequate
control or abatement of the noise involved;
b. Compliance with this chapter or the rules and
regulations promulgated hereunder will necessitate the taking of
measures which, because of their extent or cost, must be extended over a
period of time. A variance granted for this reason shall prescribe a
timetable for the taking of the measures required.
c. Compliance with this chapter or the rules and
regulations promulgated hereunder will result in an unreasonable
hardship to the applicant, the community or other persons.
(2) The county, or its duly designated hearing
officer, shall hold a public hearing on each application for a regular
variance. Such hearings shall be conducted according to hearing
procedures established by regulation adopted by the county. Following
the public hearing on an application for a regular variance, the county
shall adopt an order granting or denying the variance.
(3) Notice of the date, time and place of a hearing
of the county on an application for a regular variance shall be
published at least ten (10) days prior to the date of the public
hearing, in a newspaper of general circulation in Broward County, at the
applicant's expense. Any individual who claims to be adversely affected
by the application may file a statement with the county containing any
information in support of his claim, and appear and be heard at the
public hearing.
(b)
Emergency Variances. The
county shall have the authority consistent with this section to grant
emergency variances from the requirements of this chapter and from the
rules and regulations promulgated hereunder, whenever the county finds
that delay in granting a variance will result in irreparable harm to the
applicant, the community or other persons.
(1) Emergency variances may be granted upon
application by any person for any of the reasons enumerated in section
24-8(a)(1) above.
(2) Emergency variances may be granted without giving
notice as required by section 24-8(a)(3) above, provided the county
waives such notice requirements by unanimous vote.
(c)
Appeals. Appeals
of an adverse decision of the county on an application for a variance
shall be made by appropriate proceedings to a court of competent
jurisdiction.
(Ord. No. 78-22, § 2, 4-19-78; Ord. No. 78-37, § 2, 8-26-78)
(a) Whenever evidence has been obtained or received
establishing that a violation of this chapter or the rules and
regulations promulgated hereunder has been committed, the director shall
issue a notice to correct the violation or a citation to cease the
violation and cause the same to be served upon the violator by personal
service or certified mail, or by posting a copy in a conspicuous place
on the premises of the facility causing the violation. Such notice or
citation shall briefly set forth the general nature of the violation and
specify a reasonable time within which the violation shall be rectified
or stopped, commensurate with the circumstances. If the violation is not
corrected within the time so specified or the violation stopped or
reasonable steps taken to rectify the violation, the director shall have
the power and authority to issue an order requiring the violator to
cease or suspend operation of the activity causing the violation until
the violation has been corrected, or the director, with the approval of
the county, may institute action to compel compliance with the
provisions of such notice or citation, or initiate proceedings to
prosecute the violator for violation of this chapter, or the rules and
regulations promulgated hereunder.
(b) In the event a violation of this chapter or the
rules and regulations promulgated hereunder creates an immediate health
hazard, or threatens or causes irreparable injury or damage to persons
or property, the director shall have the power and authority to order
immediate cessation of the activities causing such conditions. The
director shall cause the order to be served upon the violator by
personal service or, if no one can be found on the premises, by
certified mail or by posting a copy in a conspicuous place on the
premises of the facility causing the violation. Any person receiving
such an emergency order for cessation of activities shall immediately
comply with the requirements thereof.
(Ord. No. 78-22, § 2, 4-19-78)
Violation of the provisions of this chapter, or any rule or regulation
promulgated hereunder, shall be punishable as provided by law for the
violation of a county ordinance.
(Ord. No. 78-22, § 2, 4-19-78; Ord. No. 78-37, § 3, 8-16-78)
Sec.
24-11. Retention of other remedies.
Nothing in this chapter shall be construed to impair any cause of action
or legal remedy of any person or the public for any injury or damage
arising from the emission or release into the atmosphere from any source
whatever of noise in such place or manner, or at such levels so as to
constitute a common law nuisance.
(Ord. No. 78-22, § 2, 4-19-78; Ord. No. 78-37, § 4, 8-16-78)