Sarasota Noise Control
The Sarasota City Noise Control Ordinance
Chapter 20
NOISE
*Editor’s note–Ord. No. 97-4024, adopted December 15, 1997, ameded portions of this section, Ord. No. 97-3994, Sec. 1, adopted May 19, 1997, amended the Code by repealing former Ch. 20, Secs. 20-1–20-6, and added a new Ch. 20, Secs. 20-1–20-9. Former Ch. 20 pertained to similar subject matter and derived from the Code of 1971, Secs. 26-2–26-7; Ord. No. 88-3208, adopted June 6, 1988; and Ord. No. 92-3610, adopted October 9, 1992.
Cross reference(s)–Penalty, Sec. 2-320; aircraft and airports, ch. 3; alarm systems, ch. 4; barking and howling dogs, Sec. 8-7; noisy fowl, Sec. 8-44; health and sanitation, ch. 17; pollution, ch. 27; hawking, shouting, etc., from newsstands, Sec. 30-102; traffic and motor vehicles, ch. 33.
State law reference(s)–Motor vehicle noise, F.S. Sec. 403.415.
Sec. 20-1. Short title.
This chapter shall be known and may be cited as the “City of Sarasota Noise Control Ordinance”.
(Ord. No. 97-3994, Sec. 1, 5-19-97)
Sec. 20-2. Declaration of policy.
It is hereby declared to be the public policy of the city to reduce the ambient noise level in the city, as so to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the city, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city that every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the making creation or maintenance of excessive or unreasonable noise within the city affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the city. The provisions and prohibitions hereinafter contained and enacted are for the above-mentioned purpose.
(Ord. No. 97-3994, Sec. 1, 5-19-97)
Sec. 20-3. Definitions.
(a) As used in this chapter, the following terms shall have the following meanings:
Construction means any activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises parks, utility lanes or other property, including, but not limited to, related activities such as land clearing, grading, earthmoving, excavation, blasting, filling and landscaping but not including agriculture.
Demolition means any dismantling, intentional destruction, or removal of buildings or structures.
Emergency means any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which necessitates immediate action.
Holiday means those days designated pursuant to the City of Sarasota’s personnel rules and regulations, Rule 10.1, Authorized Holidays.
Emergency work means work necessary to restore property to a safe condition following an emergency, or work required to protect persons or property from exposure to imminent danger or damage.
Loudspeaker means a device, such as a sound truck, bullhorn, or the like which produces or reproduces sound. “Loudspeaker” shall not include a radio, phonograph, tape player, television set, musical instrument, drum or similar device, or the amplification of a radio, phonograph, tape player, television set, musical instrument, drum or similar device.
Motorcycle means every motor vehicle having a seat or saddle for the use of a rider and designed to travel on not ‘more than three (3) wheels in contact with the ground, but excluding tractors and other farm equipment, and including motor scooters, mopeds or other motorized bicycle or three-wheel vehicle.
Motor vehicle means any vehicle which is, or is designed to be, self-propelled or is designed or used for transporting person or property, including off-rood vehicles being operated for recreational purposes.
Noise-sensitive area means any area designated by the city or county as requiring strict noise limitations in the interests of the public health, safety and welfare, including, but without being limited to, schools, libraries open to the public, hospitals, churches, nursing homes and convalescent homes. Such areas shall be marked by conspicuous signs designating such area as a noise-sensitive area.
Person means the state or any agency or institution thereof, a municipality, political subdivision, public or private corporation, individual partnership, association or other entity, and includes any officer, employee, agent or governing or managing body of any municipality, political subdivision or public or private corporation.
Powered model vehicle means any self-propelled airborne, waterborne, or landborne plane, vessel or vehicle which is not designed to carry persons, including, but not limited to, any model airplane, boat, car or rocket.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk or alley, or similar place normally accessible to the public which is owned or controlled by a governmental entity.
Public space means any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
Real property line means (a) the imaginary line including its vertical extension that separates one parcel of real property from another, or (b) the vertical and horizontal boundaries of a dwelling unit that is one unit in a multi-dwelling-unit building.
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.
Unreasonable noise means any sound which is defined in Sections 20-4 to 20-5, inclusive, as unreasonable.
Weekday means any day, Monday through Friday, which is not a legal holiday.
(b) Miscellaneous definitions. All terms herein which refer to zoning or land use categories (including, but not limited to, “commercial area,” residential area,” etc.) shall be defined as set out in the Zoning Code of the City, as amended, or other ordinances or resolutions duly adopted by the City Commission.
(Ord. No. 97-4024 Sec. 1, 12-15-97)
Sec. 20-4. Unreasonable Noise Prohibited.
(a) No person shall make, cause, allow, or permit to be made any unreasonable noise within the geographical boundaries of the City or within those areas over which the City has jurisdiction, including the waters and beaches adjacent to, abutting or bordering the City.
(b) The standards which shall be considered in determining whether a violation of Sec. 20-5 exists shall include., but shall not be limited to, the following:
(1) The volume of the noise.
(2) The intensity of the noise.
(3) Whether the nature of the noise is usual or unusual.
(4) The volume and intensity of the background noise, if any.
(5) The proximity of the noise to residential sleeping facilities.
(6) The nature and zoning of the area within which the noise emanates.
(7) The time of the day or night the noise occurs.
(8) The duration of the noise.
(9) Whether the noise is produced by a commercial or non-commercial activity.
(Ord. No. 97-4024 Sec. 1, 12-15-97)
Sec. 20-5. Specific Acts Considered to be Unreasonable Noise.
Notwithstanding the fact that no violation of Article VII, Division 10, Land Development Regulations of the City of Sarasota, pertaining to maximum decibel sound levels in the C-CBD, CT and CBN zoning districts is involved, any of the following acts and causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise:
(a) Radios, phonographs, tape players, television sets, musical instruments, drums or similar devices. Operating, playing or permitting the operation or playing of any radio, phonograph, tape player, television set, musical instrument, drum or similar device which produces or reproduces sound in such a manner as to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a reasonable person of normal sensibilities.
(b) Radios, phonographs, tape players, television sets, musical instruments, drums or similar devices on bicycle or by pedestrian. Operating, playing or permitting the operation or playing of any radio, phonograph, tape player, television set, musical instrument,, drum or similar device which produces or reproduces sound in or on any bicycle or by any pedestrian on a public right-of-way or in any public parking lot in such a manner as to annoy, disturb, injure or endanger the comfort, repose, health peace or safety of a reasonable person of normal sensibilities.
(c) Loudspeakers. Using or operating for any purpose any loudspeaker system or similar device between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays in areas within or adjacent to residential, commercial or noise-sensitive areas, except for any noncommercial public speaking, public assembly, or other activity for which a permit has been issued by the City.
(d) Street sales. Offering for sale, selling anything or advertising by shouting or outcry within any residential or commercial area or noise-sensitive area.
(e) Animals. Owning, possessing, harboring, keeping, raising or maintaining any animal, as defined in Chapter 8, which frequently or for continued duration howls, barks, yelps, meows, squawks, or makes other sounds in such a manner as to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a reasonable person of normal sensibilities. This provision shall not apply to public zoos or private animal attractions operated for profit to which the public has general admission and which are regulated by the city.
(f) Loading and unloading. Loading and unloading, opening, closing or other handling of boxes, crates, containers, equipment, building materials, garbage cans or similar objects in such a manner in such a manner as to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a reasonable person of normal sensibilities between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 10:00 a.m. on weekends and holidays in or within fifty (50) yards of any residential real property line or noise-sensitive area.
(g) Construction and demolition. Operating or causing the operation of any tools used in construction, drilling, repair, alteration or demolition work between the hours of 9:00 p.m. and 6:00 a.m. on weekdays or between 9:00 p.m. and 9:00 a.m. on weekends or holidays except for emergency work by a public service utility or by other permit approved by the City. This subsection shall not apply to the use of domestic power tools as specified in paragraph (j).
(h) Powered model vehicles. Operating or permitting the operation of powered model vehicles between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 10:00 a.m. on weekends or holidays in or within one hundred (100) yards of any residential area or noisesensitive area.
(i) Emergency signaling devices. Except in the event of a perceived threat of harm to person or property, the intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, fire, whistle or similar stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m.; and any such testing shall use the minimum cycle test time appropriate for such devices, in no case to exceed sixty (60) seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall occur only on weekdays and not before 7:00 a.m. or after 10:00 p.m. and shall be exempt from the sixty-second time limitations set forth herein. The sounding or the permitting of the sounding of any exterior fire or burglar alarm or motor vehicle burglar alarm, unless such alarm is automatically terminated within fifteen (15) minutes of activation shall be prohibited.
(j) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, fender, drill, grinder, lawn or garden tool, or similar tool between 10:00 p.m. and 7:00 a.m. on weekdays or 10:00 p.m. and 8: 00 a.m. on weekends and holidays, unless such equipment is operating inside a completely enclosed structure.
(k) Recreational motorized vehicles operating off public right-of-way. No person shall operate or cause to be operated a recreational motorized vehicle or motorcycle off the public right-of-way in any residential or noise-sensitive area. This section shall apply to all motorized vehicles or motorcycles, whether or not duly licensed and registered.
(l) Creating or permitting any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities.
(Ord. No. 97-4024 Sec. 1, 12-15-97; Ord. No.99-4163, Sec. 2, 4-17-00)
See. 20-6. Exceptions by permit.
As part of a community public event or community program, or to perform construction or demolition, a person may seek a temporary exemption from the provisions of this chapter by seeking a special permit from the city manager or his designee. A special permit may only be issued for a specified limited period of time and shall set forth such conditions or requirements as shall be deemed necessary to mitigate potential adverse effects upon neighboring properties. In determining whether a special permit shall be issued, the city manager or his designee shall consider the nature of the event and its importance to the general community; the potential benefit to the City or the general public which may result from the proposed event; the size of the event with respect to anticipated public participation or attendance; and the availability of alternate locations where the event may reasonably be located without creating the type or degree of potentially adverse effects it is anticipated would result at a site for which the special permit is requested.
(Ord. No. 97-4024 Sec. 1, 12-15-97)
Sec. 20-7. Exemptions.
The provisions of this chapter shall not apply to any conduct regulated by F.S. _316.3045 pertaining to sound produced by a radio, tape player or other mechanical sound-making device or instrument operated or amplified within a motor vehicle; or noise made by a horn or other warning device required or permitted by F.S. _316.271; or noise produced by a motorboat regulated pursuant to F.S. _327.65.
(Ord. No. 97-4024 Sec. 1, 12-15-97)
Sec. 20-8. Violations; remedies.
(a) Violations. Any person violating this chapter shall be deemed guilty of a municipal code violation and upon conviction thereof shall be punished as provided in section 1-11.
(b) Additional Remedies. No provision of this chapter shall be construed to impair any common law, or equitable or statutory cause of action, or other legal remedy of any person for injury or damage arising from any violation of this chapter. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof which causes discomfort or annoyance, or endangers the comfort, repose, health or peace of another person, shall be deemed and is declared to be a public nuisance and may be subject to competent jurisdiction for injunction, both temporary and permanent.
(Ord. No. 97-4024 Sec. 1, 12-15-97)
Sec. 20-9. Violations; remedies.
(a) Violations.
(1) Any person violating this chapter shall be deemed guilty of a municipal code violation and upon conviction thereof shall be punished as provided in section 1-11.
(2) If a person has previously been convicted or sentenced for a violation of this chapter, the court shall sentence that person to a term of imprisonment of not less than five (5) days and a fine of not less than one thousand dollars ($1,000.00) for a second or subsequent violation of this chapter. In order that the alleged violator be made fully aware of the intent to seek a stricter sentence under this subsection, a notice of intent to seek a sentence and fine under this subsection shall be served upon the defendant, or upon the defendant’s attorney, prior to trial or the entry of a plea on the second or subsequent violation.
(b) Additional remedies. No provision of this chapter shall be construed to impair any common law, or equitable or statutory cause of action, or other legal remedy of any person for injury or damage arising from any violation of this chapter. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision hereof which, causes discomfort or annoyance, or endangers the comfort, repose, health or peace of another person, shall be deemed and is declared to be a public nuisance and may be subject to competent jurisdiction for injunction, both temporary and permanent.
(Ord. No. 97-3994, Sec. 1, 5-19-97)
