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Home My WebLink About2009-016Ordinance 2009- 016 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 974, NOISE AND VIBRATION CONTROL, BY CREATING AN EXEMPTION FOR EMERGENCY POWER GENERATORS WITH CERTAIN CONDITIONS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: SECTION #1: Part 1: Amend LDR Section 974.04, Specific noise and vibration prohibitions, to read as follows: The following standards and restrictions shall apply to uses and/or activities in unincorporated Indian River County, except as may conflict with the provisions of section 974.06, Exemptions, of this chapter. Uses and/or activities in compliance with the standards and restrictions of this section shall not be sub'ect to the noise control standards set forth in section 974.05. (1) Radios, television sets, musical instruments, and similar devices. It shall be unlawful to use, operate, or permit to be played, used, or operated, any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the production or reproduction of sound between the hours of 10:00 p.m. and 6:00 a.m. in such manner as to create a noise or vibration disturbance to neighboring premises. Pertaining to radios, cassette players, disk players and similar devices associated with motor vehicles, no such device shall be operated in such a manner as to create a noise or vibration disturbance at one hundred (100) feet or more from such device, when operated on a public right- of-way or public space. (2) Construction equipment and activity. It shall be unlawful to operate any equipment or perform any outside construction or repair work on buildings, structures, roads, or projects within the county between the hours of 8:00 p.m. and 6:00 a.m. unless an administrative approval as set forth in section 974.07 for such construction or repair work between such hours has been obtained from Indian River County on the basis of good cause shown. (3) Engine mufflers. It shall be unlawful to operate any internal combustion engine, including such an engine associated with a motor boat, or motor vehicle without a muffler or other device which will effectively prevent loud or explosive noises therefrom. (4) Animal noises. It shall be unlawful to keep or maintain any animal (including birds) without providing and maintaining adequate sound -control techniques to eliminate any excessive, offensive, and unnecessary noise. This provision shall not apply to property within an agricultural zoning district. (5) Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or test any motor vehicle between the hours of 8:00 p.m. and 6:00 a.m. on property within or abutting any Bold Underline: Additions to Ordinance 1 m ike through: Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\LDR\974 Noise Ord generators revisions\974 noise ord rev for generators for 10-13-09 BCC.RTF J Ordinance 2009- 016 residential zoning district in such a manner as to disturb the peace, quiet, and comfort of the residents of the area. (6) Activities in the vicinity of schools, courts, churches, and hospitals. It shall be unlawful to create any excessive noise on any street adjacent to any school, court, church, or hospital which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in a hospital. (7) Loading or unloading of vehicles, opening bales, and boxes. It shall be unlawful to make, create, or maintain any loud or excessive noise within the county that would result in a disturbance to neighboring properties in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates, or containers. (8) Peddlers, hawkers, or vendors. It shall be unlawful for peddlers, hawkers, or vendors to shout or cry along or on a roadway to the disturbance of the peace or quiet of a neighborhood. (9) Drums, cymbals, and loudspeakers. It shall be unlawful to create, make, or maintain any noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the county for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business. This provision shall not apply to ice-cream trucks or approval public events. (10) Bells or sirens on vehicles. It shall be unlawful for any person to use in conjunction with any unauthorized vehicle any bell or siren similar to that used on ambulances or vehicles of the sheriff, fire departments, and other public safety agencies. (11) Skateboard ramps. It shall be unlawful to use any skateboard ramp or similar configuration between 8:00 p.m. and 6:00 a.m. in a residential zoning district in such a manner that would result in a disturbance to neighboring properties. (12) Air -blow cleaners. It shall be unlawful for any person to operate any air -blow cleaning equipment or similar devices for the cleaning of parking lots, walkways, driveways, or similar areas between the hours of 10:00 p.m. and 6:00 a.m. that would result. in a disturbance to neighboring properties. (13) Places of public entertainment. It shall be unlawful for any public entertainment establishment or person associated with or working for said establishment to operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device between the hours of 9:00 p.m. and 6:00 a.m. in such a manner as to create noise or vibration that is a disturbance to neighboring premises. (14) Sounding of train horns or whistles. It shall be unlawful for any engineer, conductor, fireman or other person in charge of or in control of any locomotive or railroad train of any railroad company operating wholly within this state to sound any railroad train horn, whistle or other audible warning signal between 10:00 p.m. and 6:00 a.m. in advance of or at any rail highway crossing located within Indian River County, providing that the crossing is equipped with train -activated automatic traffic -control devices, which shall include, flashing lights, bells and crossing gates. Bold Underline: Additions to Ordinance 2 Strike thFOugh Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\LDR\974 Noise Ord generators revisions\974 noise ord rev for generators for 10-13-09 BCC.RTF Ordinance 2009- 016 (15) Landscape maintenance. It shall be unlawful for any person to undertake landscape maintenance activities in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 8:00 p.m. and 6:00 a.m. (16) Power generators It shall be unlawful for any person to manually or automatically exercise or test a power generator in such a manner as to create a noise or vibration disturbance to neighboring premises between the hours of 6:00 p.m. and 8:00 a.m. Manual or automatic exercising or testing of power generators shall be for the minimum duration necessary to meet manufacturer's specifications. Part 2: Amend LDR Section 974.06, Exemptions, to read as follows: The following noises or vibrations shall be exempt from the restrictions set forth in the other sections of this chapter. (1) Noises of authorized safety signals and warning devices; (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency or any other public safety operation; (3) Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger; (4) Noises incidental to mosquito control activities by the Indian River County Mosquito Control Board; (5) Noises incidental to the activities of bona fide agricultural operations; f Noises resulting from use of an emergency power generator during a power outage provided that the generator is operated in accordance with manufacturer's specifications, with all standard equipment, and is in proper operating condition. Notwithstanding, noises resulting from use or testing of a generator by a utility company to support installation, repair, maintenance, or restoration of service operations are exempt from the restrictions set forth in this chapter. (6) (7) Noises or vibrations associated with uses or activities whereby an administrative approval to produce such noises or vibrations contrary to the restrictions of this chapter has been obtained from the community development director, as set forth in section 974.07 of this chapter. SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance Stfike tkreug}t Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\LDR\974 Noise Ord generators revisions\974 noise ord rev for generators for 10-13-09 BCC.RTF Ordinance 2009- 016 SECTION #3: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 13th day of Oc �b .r 2009. This ordinance was advertised in the Press -Journal on the 28th day of September , 2009, for a public hearing to be held on the 13thday of October 2009, at which time it was moved for adoption by Commissioner Wheeler , seconded by Commissioner F1 escher , and adopted by the following vote: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYF Commissioner Gary C. Wheeler AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AY BOARD OF COUNTY COMMISSIONERS OF INDIAN RI ER COUNTY /�-- BY: esley S. Davis Chairman ATTEST BY: Jeffrey K. Barton, clerk This ordinance was filed with the Department of State on the followingdate_; Bold Underline: Additions to Ordinance 4 StFilce through: Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\LDR\974 Noise Ord generators revisions\974 noise ord rev for generators for 10-13-09 BCC.RTF Ordinance 2009- 016 APPROVED AS TO FORM AND LEGAL SUFFICIENCY n William G. Collins II, County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AIC ; Comm y Development Director Bold Underline: Additions to Ordinance StrikeT• Deleted Text from Existing Ordinance oise Ord generators revisions\974 noise ord rev for generators for 10 13-09 BCC.RTF F:\Community Development\Users\ROLAND\LDR\974 N