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Ordinance 2009- 016 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO <br />ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO <br />CHAPTER 974, NOISE AND VIBRATION CONTROL, BY CREATING AN EXEMPTION FOR <br />EMERGENCY POWER GENERATORS WITH CERTAIN CONDITIONS; AND BY PROVIDING <br />FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND <br />EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT <br />REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: <br />SECTION #1: <br />Part 1: Amend LDR Section 974.04, Specific noise and vibration prohibitions, to read as follows: <br />The following standards and restrictions shall apply to uses and/or activities in unincorporated <br />Indian River County, except as may conflict with the provisions of section 974.06, Exemptions, of this <br />chapter. Uses and/or activities in compliance with the standards and restrictions of this section shall <br />not be sub'ect to the noise control standards set forth in section 974.05. <br />(1) Radios, television sets, musical instruments, and similar devices. It shall be unlawful to use, <br />operate, or permit to be played, used, or operated, any radio receiving set, musical instrument, <br />phonograph, television set, or other machine or device for the production or reproduction of sound <br />between the hours of 10:00 p.m. and 6:00 a.m. in such manner as to create a noise or vibration <br />disturbance to neighboring premises. <br />Pertaining to radios, cassette players, disk players and similar devices associated with motor <br />vehicles, no such device shall be operated in such a manner as to create a noise or vibration <br />disturbance at one hundred (100) feet or more from such device, when operated on a public right- <br />of-way or public space. <br />(2) Construction equipment and activity. It shall be unlawful to operate any equipment or <br />perform any outside construction or repair work on buildings, structures, roads, or projects within <br />the county between the hours of 8:00 p.m. and 6:00 a.m. unless an administrative approval as set <br />forth in section 974.07 for such construction or repair work between such hours has been obtained <br />from Indian River County on the basis of good cause shown. <br />(3) Engine mufflers. It shall be unlawful to operate any internal combustion engine, including <br />such an engine associated with a motor boat, or motor vehicle without a muffler or other device <br />which will effectively prevent loud or explosive noises therefrom. <br />(4) Animal noises. It shall be unlawful to keep or maintain any animal (including birds) without <br />providing and maintaining adequate sound -control techniques to eliminate any excessive, <br />offensive, and unnecessary noise. This provision shall not apply to property within an agricultural <br />zoning district. <br />(5) Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or test any motor <br />vehicle between the hours of 8:00 p.m. and 6:00 a.m. on property within or abutting any <br />Bold Underline: Additions to Ordinance 1 <br />m ike through: Deleted Text from Existing Ordinance <br />F:\Community Development\Users\ROLAND\LDR\974 Noise Ord generators revisions\974 noise ord rev for generators for 10-13-09 BCC.RTF <br />