9/6/2016 2:27:20 PM
10/5/2015 8:52:24 AM
Agenda Item Number
Land Development Regulations Amendments
State Filed Date
Noise and Vibration Control
Generators Exemptions During Power Outage
Codified or Exempt
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Ordinance 2009- 016 <br />(15) Landscape maintenance. It shall be unlawful for any person to undertake landscape <br />maintenance activities in such a manner as to create a noise or vibration disturbance to <br />neighboring premises between the hours of 8:00 p.m. and 6:00 a.m. <br />(16) Power generators It shall be unlawful for any person to manually or automatically <br />exercise or test a power generator in such a manner as to create a noise or vibration <br />disturbance to neighboring premises between the hours of 6:00 p.m. and 8:00 a.m. Manual <br />or automatic exercising or testing of power generators shall be for the minimum duration <br />necessary to meet manufacturer's specifications. <br />Part 2: Amend LDR Section 974.06, Exemptions, to read as follows: <br />The following noises or vibrations shall be exempt from the restrictions set forth in the other <br />sections of this chapter. <br />(1) Noises of authorized safety signals and warning devices; <br />(2) Noises resulting from any authorized emergency vehicle, when responding to an emergency <br />call or acting in time of emergency or any other public safety operation; <br />(3) Noises resulting from emergency work, which is to be construed as work made necessary to <br />restore property to a safe condition following a public calamity, or work required to protect <br />persons or property from any imminent exposure to danger; <br />(4) Noises incidental to mosquito control activities by the Indian River County Mosquito Control <br />Board; <br />(5) Noises incidental to the activities of bona fide agricultural operations; <br />f Noises resulting from use of an emergency power generator during a power outage <br />provided that the generator is operated in accordance with manufacturer's specifications, <br />with all standard equipment, and is in proper operating condition. Notwithstanding, noises <br />resulting from use or testing of a generator by a utility company to support installation, <br />repair, maintenance, or restoration of service operations are exempt from the restrictions set <br />forth in this chapter. <br />(6) (7) Noises or vibrations associated with uses or activities whereby an administrative approval <br />to produce such noises or vibrations contrary to the restrictions of this chapter has been obtained <br />from the community development director, as set forth in section 974.07 of this chapter. <br />SECTION #2: SEVERABILITY. <br />If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction <br />to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance <br />and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such <br />invalid portion thereof had not been incorporated therein. <br />Bold Underline: Additions to Ordinance <br />Stfike tkreug}t 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 />
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