§ 2-21-33. Exemptions.

The following activities or sources are exempt from the requirements of this article:

(1)

The emission of sound or noise for the purpose of alerting persons to the existence of an emergency or in the performance of emergency work.

(2)

Operation of equipment or conduct of activities normal to residential or agricultural communities as set forth herein:

Description		Hours of Operations
a.	Lawn care, soil cultivation, domestic power tools, lawn mowers, maintenance of trees, hedges, gardens, saws and tractors, street sweepers, mosquito fogging, tree trimming and limb chipping and other normal community operations	7:00 a.m. to 10:00 p.m.
b.	Operation of equipment for solid waste and recycling collection in or adjacent to residential uses	6:00 a.m. to 6:00 p.m.
c.	Operation of equipment for solid waste collection in nonresidential locations	4:00 a.m. to 10:00 p.m.

 

(3)

Operation of manufacturing in areas zoned for such activities and which do not create a noise disturbance on any properties not designated for such activities.

(4)

The usual sounds or noises of construction and operation of construction equipment between the hours of 7:00 a.m. to 8:00 p.m.

(5)

Motor vehicles operating on a public right-of-way in compliance with Chapter 316 and Section 403.415, Florida Statutes, and as amended. This exception shall not apply to amplified sound produced by a radio, tape player, CD player, or other mechanical sound making device or instrument from within the motor vehicle so that the sound is plainly audible from fifty (50) feet from the source vehicle. In determining whether a sound is plainly audible:

a.

The primary means of detection shall be by means of the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid; and,

b.

The officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that he/she can readily identify the offending motor vehicle and the distance involved; and,

c.

The officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound.

(6)

Any residential unit with air-conditioning or pool pump equipment when in reasonable mechanical condition operating with the standard sound and vibration control systems typically provided by the manufacturer in a sound level not to exceed sixty (60) dBA or sixty-five (65) dBC. Air conditioning units are presumed to be in reasonable mechanical condition if the unit meets the sound specifications contained in the Air Conditioning, Heating, and Refrigeration Institute's ("AHRI") Applied Directory of Certified Product Performance Variable Air Volume terminals.

(7)

Railroad operations.

(8)

Any aircraft operating in conformity with, or pursuant to, federal law, federal air regulations and air traffic control instructions used pursuant to and within the duly adopted federal air regulations.

(9)

The usual sounds or noises associated with marina operations and port operations.

(10)

Between the hours of 7:00 a.m. and 11:00 p.m., the emission of sound or noise from lawful and proper activities on school grounds and places primarily used for athletic contests and sporting events.

(11)

Fireworks displays, special events, and events for which all required permits have been obtained in compliance with any conditions imposed by a permit that has been issued by the relevant jurisdiction.

(12)

Impulsive sound.

(13)

Sports shooting ranges in compliance with Sections 790.33 and 823.16, Florida Statutes, and as amended.

(14)

Sounds emanating from bona fide farm operations on land classified as agricultural land which are exempt from local government regulation pursuant to Section 823.14, Florida Statutes, and as amended.

(Ord. No. 13-05, § 1, 6-4-13; Ord. No. 16-08 , § 1, 9-13-16)