ORDINANCE CODE City of JACKSONVILLE, FLORIDA Codified through Ord. No.
97-569-E, effective June 24, 1997. (Supplement No. 12)
TITLE X. ENVIRONMENTAL AFFAIRS
368.101 Legislative findings and determinations. The Council finds and determines as follows:
(a) The making, creating and maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the city.
(b) The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy and the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the city and its residents.
History.--Ord. 84-674-684, s. 3.
368.102 Exercise of county powers; territorial application of chapter. This chapter is an exercise of the city's powers as a county under s. 3.01 of the Charter of the city. This chapter shall apply throughout the General Services District.
History.--Ord. 85-1295-690, s. 3.
368.103 Short title. This chapter shall be known and may be cited as the Jacksonville Noise Control Ordinance.
History.--Ord. 84-674-684, s. 3; Ord. 85-1295-690, s. 3.
368.104 Definitions. In this chapter and the rules promulgated by the Board under this chapter, unless the context otherwise requires:
(a) Ambient sound level means the noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, isolated and identifiable.
(b) A-weighted sound level means the sound pressure level, in decibels, as measured on a sound level meter using the A-weighting network. This level is designated dB(A) or dBA.
(c) Board means the Environmental Protection Board.
(d) Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities and similar property.
(e) Decibel or dB means a unit for measuring the volume of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (twenty micronewtons for each square meter).
(f) Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
(g) Emergency means an occurrence or set of circumstances involving actual or imminent physical or psychological trauma or property damage which demands immediate action.
(h) Emergency work means work performed for the purpose of preventing or alleviating an emergency.
(i) Impulsive sound means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts and the discharge of firearms.
(j) Motorboat means a vessel which operates on water and which is propelled by a motor, including boats, barges, amphibious craft, water-ski-towing devices and hovercraft.
(k) Motorcycle means a motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels. This term includes motorized bicycles and motor scooters.
(l) Motor vehicle means a motor-operated vehicle for use on the public highways, but not including a motorcycle.
(m) Noise means a sound which disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
(n) Noise Control Officer means the Director of Regulatory and Environmental Services, or his representative.
(o) Noise disturbance means a sound which:
(1) Endangers or injures the safety or health of human beings. (2) Disturbs a reasonable person of normal sensitivities.
(3) Endangers or injures personal or real property.
(p) Noise pollution means sounds whose DBA level exceeds the limits set by the rules of the Board.
(q) Reserved.
(r) Powered model vehicle means a self-propelled air-borne, water-borne or land-borne model plane, vessel or vehicle which is not designed to carry persons.
(s) Public right-of-way means a street, avenue, boulevard, highway, sidewalk, lane or similar place which is owned or controlled by a governmental entity as a passage or thoroughfare for pedestrians or vehicular traffic.
(t) Public space means real property, including a structure thereon, which is owned or controlled by a governmental entity.
(u) Pure tone means a sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred Hz and above, by eight dB for center frequencies between one hundred sixty and four hundred Hz and by fifteen dB for center frequencies less than or equal to one hundred twenty-five Hz.
(v) Real property boundary means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but does not include intrabuilding divisions.
(w) Receiving land use means the use or occupancy of the real property which receives the transmission of sound.
(x) Recreational vehicle means a race car, motorcycle or other motorized vehicle equipped for use in racing or other recreational events or uses off the public right-of-way on public or private property.
(y) Residential property means real property on which is located a building or structure used wholly or partially for living or sleeping purposes.
(z) Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of the sound, including duration, intensity and frequency.
(aa) Sound level means the weighted sound pressure level obtained by the use of a sound-level meter and frequency weighting network, such as A, B or C as specified in the American National Standards Institute, Inc. specifications for sound-level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.
(bb) Sound-level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or display meter and the weighting networks used to measure sound pressure levels.
(cc) Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
(dd) The words used or occupied shall be deemed to include the words intended, designed or arranged to be used or occupied.
(ee) Person has the meaning given to it in s. 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the state, or of any foreign government.
History.--Ord. 84-674-684, s. 3; Ord. 85-1295-690, s. 3; Ord. 94-144-121, s. 6; Ord. 94-1307-763, s. 2.
368.105 Exceptions. This chapter shall not apply to:
(a) The emission of sound for the purpose of alerting persons to the existence of an emergency or a potential danger.
(b) The emission of sound in the performance of emergency work.
(c) Agricultural activities, exclusive of those involving the ownership or possession of animals or birds.
(d) Commercial water-borne traffic, mass transportation vehicles, air transportation and rail transportation (except railroad switching yards).
(e) Church or clock carillons, bells or chimes.
(f) The emission of sound in the discharge of weapons or in a fireworks display for which a permit has been issued.
(g) Athletic contests, open-air festivals, fairs, outdoor musical entertainment permitted under Chapter 191 and speedways permitted under Chapter 204.
History.--Ord. 84-674-684, s. 3; Ord. 85-1295-690, s. 3.
368.106 Administration; rules and administrative orders. The Board may make, adopt, amend and repeal rules and administrative orders to implement, administer and enforce this chapter.
History.--Ord. 84-674-684, s. 3; Ord. 85-1295-690, s. 3.
368.107 Adoption of standards. The American National Standards Institute, Inc. publication entitled Specifications for Sound-Level Meters, designated as ANSI S1.4-1971, is hereby adopted as the standard specifications for sound-level meters. The American National Standards Institute, Inc. publication entitled Acoustical Terminology, designated as ANSI S1.1-1960, is hereby adopted as the standard reference for technical definitions of acoustical terms not defined in this chapter.
History.--Ord. 84-674-684, s. 3; Ord. 85-1295-690, s. 3.
368.108 Chapter 360 applicable. The provisions of Chapter 360 shall be applicable to this chapter, unless otherwise specifically provided in this chapter.
History.--Ord. 84-674-684, s. 3; Ord. 85-1295-690, s. 3.
368.201 Unlawful noises prohibited. No person shall make or continue or cause to be made or continued, except as permitted by this chapter, a noise disturbance or a noise in excess of the limits for noise established in the rules of the Board.
History.--Ord. 84-674-684, s. 3.
368.202 Maximum permissible sound levels. With the exception of sound levels specifically authorized by the rules of the Board, the maximum permissible sound levels allowed at or within the real property boundary of a receiving land use shall not exceed the general levels fixed in the rules of the Board. An activity or use that produces a sound in excess of the permitted noise levels for a receiving land use shall be deemed a noise disturbance and in violation of this chapter and the rules of the Board. The Board may prescribe certain classifications of noises, or certain times of the day during which noises may be produced, as being not subject to the rules promulgated under this section and shall, in accordance with the authority granted by this sentence, provide for a permit system whereby a permit may be required for the operation, construction or expansion of an installation that may be a source of noise disturbance above the general levels fixed in the rules of the Board, for the issuance and revocation of these permits and for the posting of an appropriate bond to operate.
History.--Ord. 84-674-684, s. 3.
368.203 Measurement of sound. The measurement of sound or noise shall be made with a sound-level meter meeting the standards prescribed in the rules of the Board. Recorded measurements shall be taken so as to provide a proper representation of the noise source. The measurement of sound levels shall be made at or within the real property boundary of the receiving land use.
History.--Ord. 84-674-684, s. 3.
368.204 Reserved.
Note.--Section 3 of Ord. 94-1307-763, repealed former s. 368.204, concerning quiet zones near hospitals and schools. The provisions of former s. 368.204 derived from Ord. 84-674-684, s. 3.
368.205 Reserved.
Note.--Section 4 of Ord. 94-1307-763, repealed former s. 368.205, concerning noise sensitive areas. The provisions of former s. 368.205 derived from Ord. 84-674-684, s. 3.
368.301 Permits.
(a) Permits authorized to be issued under the rules of the Board shall be issued by the Noise Control Officer. A permit issued pursuant to the rules of the Board shall contain the conditions upon which the permit has been issued, including the effective date or period of the permit, the time of day during which the permit may be used, the location where the sound may be created or caused, the sound level limit and the sound equipment which may be used. Permits may be renewed and transferred, unless the Noise Control Officer specifically includes as a condition of the permit that it is nonrenewable or nontransferable.
(b) A permit may be suspended or revoked by the Noise Control Officer where the Noise Control Officer determines, upon sufficient cause, that (1) any of the conditions of the permit have been violated by the permit holder or (2) the permit holder or his agents, servants or employees have committed a violation of this chapter. Before the Noise Control Officer suspends or revokes a permit, he shall furnish the permittee a written notice and statement, by certified mail or personal service, of the cause for suspension or revocation of the permit. The permittee shall have a reasonable number of days, stated in the written notice and statement but not less than three business days, in which to request a hearing before the Board on the matter in writing. If no request is made within this time, the Noise Control Officer is authorized to proceed to suspend or revoke the permit without further proceedings and the permittee shall have no right of appeal to the Board. If a hearing is requested, the permittee shall be entitled to produce witnesses, cross-examine witnesses and be represented by counsel. After the hearing, the Board shall make its decision and notify the permittee thereof by certified mail or personal delivery.
(c) In an order suspending or revoking a permit, the Noise Control Officer or the Board may withhold the suspension or revocation of the permit or may condition the early termination of the period of suspension or the reinstatement of the permit upon terms the Noise Control Officer or the Board, in his or its sole discretion, deems appropriate.
(d) A noise permit to construct or operate a facility may be required by rules of the Board.
History.--Ord. 84-674-684, s. 3; Ord. 94-1307-684, s. 5.
368.302 Variances. A variance to cause or create a noise which would otherwise be in violation of this chapter shall be granted as provided in s. 360.111.
History.--Ord. 84-674-684, s. 3; Ord. 85-1295-690, s. 1.
368.303 Appeals. Appeals shall be heard as provided in Part 4, Chapter 360.
History.--Ord. 84-674-684, s. 3.
Sec. 368.304 Complaints.
(a) Air Quality division (AQD) personnel may act as a complainant about a source or facility after the source or facility has had a previous complaint verified by an AQD person.
History.--Ord. 94-1307-684, s. 6.
368.401 Violations and criminal penalties.
(a) A person who knowingly and willfully or by culpable negligence commits a violation specified in 368.401(c)(1), (2) (3), (4), and (5) Ordinance Code, may, upon conviction by a court of appropriate jurisdiction thereof, be punished by:
(1) A fine of not more than five hundred dollars; or
(2) Not more than ninety days in jail; or both.
(b) Each day during any portion of which such violation, as described in subsection (c) occurs constitutes a separate offense.
(c) The following persons shall be guilty of a Class D offense:
(1) Persons who, when taking a measurement of sound levels under this ordinance, falsify the record or tamper with the sound-level meter so as to produce false measurement, or procure or acquiesce in this falsification or tampering; or
(2) Persons who violate a rule, regulation, order or compliance plan of the board with respect to noise pollution control; or
(3) Persons making, causing to be made, or continuing to make a noise in excess of the limits for noise established under rules of the Board; or
(4) Persons violating a condition of construction or operating permit or one who directs, encourages, or permits his agent, servant, or employee to do so; or
(5) Persons aiding or participating in a violation for which a criminal penalty may be assessed under this chapter shall be considered a principle in the violation and may be assessed a criminal penalty up to the maximum amount prescribed for that violation.
History.--Ord. 84-674-684, s. 3; Ord. 88-117-123, s. 16; Ord. 94-1307-684, s. 7.
368.402 Violations and civil penalties. The following civil penalties may be assessed by administrative or judicial process.
(a) A person who:
(1) makes or continues or causes to be made or continued a noise disturbance or a noise in excess of the limits for noise established under the rules of the Board;
(2) being the holder of a permit issued to him under s. 368.301, violates a condition of the permit or directs, encourages or permits his agent, or servant to do so;
(3) being the agent, servant or employee of a holder of a permit issued under s. 368.301, violates a condition of the permit, whether or not at the instance or with the approval of the permit holder; or
(4) violates a condition of a variance granted by the Board under s. 368.302;
may be administratively or judicially assessed a civil penalty of up to ten thousand dollars for each violation.
(b) An applicant for a permit or variance under this chapter and an officer, director, partner, agent or attorney of an applicant who knowingly makes a false statement or provides false information on a document or paper accompanying and forming a part of the application shall be administratively or judicially assessed a civil penalty of up to one thousand dollars for each false statement or false item of information.
(c) A person who aids or participates in a violation for which a civil penalty may be assessed under this chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.
(d) For violations that are of a continuing nature, each day that the violation continues shall be a separate offense subject to penalty.
(e) Each day during any portion of which such violation as described in subsection 368.402(a) occurs constitutes a separate offense.
History.--Ord. 84-674-684, s. 3; Ord. 88-117-123, s. 17; Ord. 89-1235-597, s. 1; Ord. 94-1307-763, s. 8.
368.403 Assessment and recovery of civil penalty. Civil penalties shall be assessed by the administrative process in Chapter 360 or, in the alternative, by judicial process in a civil action filed, in the name of the city, in a court of competent jurisdiction, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator, the history of previous violations, and the financial ability of the violator to respond. A civil penalty assessed and owed under this chapter shall be paid to the Tax Collector for deposit into the Environmental Protection Fund established by s. 360.601. An administratively assessed civil penalty under this section and may be recovered in a civil action in the name of the city. The city shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs, in an action where the city is successful in obtaining affirmative relief.
History.--Ord. 84-674-684, s. 3; Ord. 88-117-123, s. 18.