[HISTORY: Adopted by the City Commission
of the City of South Pasadena 6-19-1990 by Ord. No. 90-12 (Ch. 15,
Sec. 15-4, of the 1984 Code). Amendments noted where applicable.]
It shall be unlawful and shall constitute a public nuisance for any person within the city limits to create and willfully maintain any loud raucous noise of such character, intensity and duration, by voice, action, operation of musical machines, musical instruments, musical devices, radios, television sets, machines of every kind and character, or mechanical or electrical devices of any kind and character, and which noise emanating therefrom is of such volume and so harsh-sounding that it is characterized as loud and raucous in nature, and as such annoys, disturbs, injures or impairs the quietude, peace, health, safety, comfort or repose of reasonable persons of normal hearing acuity and of ordinary sensibilities and sensitivities. The definition of "loud and raucous" shall further extend to and include the kinds of noise generated by the activities and devices enumerated in § 141-2A through M and except as provided in § 141-3.
In addition to applying the means of noise conveyance and the loud and raucous noise produced therefrom, as hereinbefore provided, the following enumerated activities and means of noise conveyance shall be supplemental to the scope of the provisions hereinbefore preceding in § 141-1.
A.
Musical and amplified singing and instruments. No
person shall play any musical instrument or operate a microphone or
other voice- or noise-amplifying device on any street, sidewalk, alley
or other outdoor public place, except as permitted by the City or
at City-authorized events.
[Amended 10-11-2011 by Ord. No. 2011-10]
B.
Vehicle sound devices. No person shall make or cause
to be made, to broadcast or otherwise cause to be emitted, any raucous
noise or raucous sound reproduced by a sound system, tape player,
phonograph, compact-disc player or any other sound broadcast system,
from any vehicle, which noise or sound can be heard by any person
at a distance of fifty (50) feet or greater.
C.
Vehicle horns. No person shall purposefully sound
the horn or other warning device of any vehicle except as a danger
signal or in compliance with the requirements of state law or other
city ordinances.
D.
Vehicle disrepair. No person shall operate a vehicle
which, due to the condition of its operating parts, emits loud and
raucous noise levels as construed under the provisions of this chapter.
E.
Vehicle; other noise. No person shall operate a motor
vehicle in such a manner so as to cause loud and raucous noise levels
as construed under the provisions of this chapter.
F.
Hawking, peddling, etc. No person shall peddle, hawk
or sell goods of any character in such a manner as to emit loud and
raucous levels of noise as construed under the provisions of this
chapter.
G.
Whistles. No person shall sound or cause to be sounded
any whistle, except as a danger warning, in such a manner and in such
volume so that such noise levels shall be construed as loud and raucous
under the provisions of this chapter.
H.
Pets. No person shall allow, maintain or fail to mitigate
habitual noises emanating from any animal or bird, under its control
or ownership, which said noises can be construed as loud and raucous
under the provisions of this chapter.
I.
Fireworks; explosives. No person shall make or cause
to be made any noise associated with the use of fireworks or explosives
except from 6:00 p.m. until midnight on July 4 of each year, except
with the formal permission of the City Commission. A violation of
this section shall be construed as loud and raucous noise under the
provisions of this section in addition to any other violations of
law in the use of said devices.
[Amended 10-11-2011 by Ord. No. 2011-10]
J.
Engines, motors, generators, pumps, etc.; exhaust.
No person shall operate, or allow to be operated, any electrical motor,
steam engine, stationary internal combustion engine, electrical generator
or pumping device under such person's control which discharges its
exhaust into the open air except where said engines, motors, generators
or pumps are equipped with a muffler or other device which effectively
prevents loud and raucous noises from emanating therefrom as provided
herein.
K.
Blowers. No person shall operate, or allow to be operated,
any blower or power fan under such person's control which causes loud
or raucous noise as provided herein.
L.
Pneumatic tools. No person shall operate or allow
to be operated under such person's control, any pneumatic (air-operated)
tool which causes loud and raucous noise as provided herein.
M.
Heavy constructing equipment. No person shall operate,
or allow to be operated under such person's control, any heavy construction
equipment, including but not limited to bulldozers, backhoes, trenching
and paving machines, pile drivers, steam shovels, jack hammers, derricks,
dredges, steam or electric hoists or other similar devices which cause
loud and raucous noise as provided herein.
The definition of "loud and raucous noise,"
as construed herein, shall not include noise or sound generated under
the following conditions:
A.
Noise generated from within any occupied, attached
or detached commercial or residential building unit, and which noise
is not audible beyond the confines of the same building unit from
which the source of the noise is generated.
B.
Noise generated from any source which distance is located less than fifty (50) feet from any affected person, except as provided in Subsection A above, and which said distance is measured on a straight line between the actual source of the noise and the affected person.
C.
Cries for emergency assistance and warning calls.
D.
Radios, sirens, horns, bells and loudspeakers used
by police and fire officials in the performance of their required
duties.
E.
Motors, generators, pumps, fans and similar devices
and equipment used by police and fire officials in the performance
of their required duties.
F.
Parades, concerts, musical presentations and other
special events which have been authorized by the city within the hours
imposed and specified as a condition of such authorization.
G.
Church bells, chimes and music associated with the
public notification of religious worship.
H.
Audible fire or burglar alarms prior to owner or tenant
notification and then, upon notice, during a reasonable time, after
notice, for the owner or tenant in possession of the premises, and
served by such audible alarm, to quiet said alarm.
I.
Construction or replacing of buildings and roadways,
including demolition, excavating, erection, alteration or repairing
of any building or roadway, where all of the provisions hereinbefore
described relating to loud and raucous noise associated with the use
of applicable tools and equipment have been met, between the hours
of 8:00 a.m. and 5:00 p.m. on any weekday, but not including any time
on any Sunday, nor at any time on any Christmas Day or New Year's
Day, weekdays notwithstanding, except under all of the following conditions:
(1)
In the case of urgent necessity and then only in the
interest of public health and safety as determined by the Building
Official.
(2)
With a permit issued by the Building Official which
may be granted for an initial period not to exceed three (3) working
days, or less, while such urgent necessity continues to exist.
(3)
With permit renewals by the Building Official for
two (2) successive periods of three (3) working days, or less, each
while such urgent necessity exists.
(4)
Where the Building Official determines that a continuing
urgent necessity exists and that the public health and safety will
not be impaired by the erection, demolition, alteration, excavation
or repairing activities involved in any building or roadway projects
within the hours of 5:00 p.m. of one day and 8:00 a.m. of the next
day, on any weekday, or on any Sunday, he may grant specific permission
for such work to be performed during said hours and said days within
a specific time period therein, either upon his issuance of the initial
work permit or during the progress of the actual work as herein provided.
J.
Musical
instruments, microphones, television broadcasts taking place within
a permitted outdoor seating area when the noise is taking place within
the hours and limits set forth in the permit.
[Added 7-1-2011 by Ord. No. 2011-07]
A.
Every police officer of the city, while in the discharge
of his duties, is charged with the enforcement of all the provisions
of this chapter and shall be deemed a complainant upon observing and
charging any person with any violation hereof.
B.
Every police officer of the city, while in the discharge of his duties, shall respond to and investigate the complaint of any person, which complaint can be reasonably concluded to describe any violation of the provisions of this chapter. Any officer who observes a violation of any of the provisions of this chapter shall serve a written summons on the person in violation hereof in accordance with the manner described in Subsection C herein or, in lieu of summons, shall arrest such person, at his discretion, who shall be detained at the appropriate place unless and until the person so arrested shall give such bond as may be required.
C.
Every police officer of the city, while in the discharge
of his duties, and acting as a complainant against any person he shall
so charge with any violation of this chapter committed in his presence,
shall issue a written summons to said person, which summons shall
direct said person to appear before the court. Such summons shall
contain the name and address of said person, the specific violation
by code section, the time and date of such violation, the time, date
and location of the court appearance, plus any other pertinent information
which the officer determines appropriate.
D.
Upon the service of a written summons to a person
charged with any violation of this chapter, said person shall give
his written promise on the summons to appear at the time and place
so designated thereon. Refusal by said person to signify in writing
such promise to appear shall be a violation of this chapter, in addition
to any other charge on which the summons is originally based. Where
any person willfully violates the requirement of this chapter to signify
such promise to appear in writing, that person shall be arrested for
such violation thereof, and that person shall be detained at the appropriate
place unless and until the person so arrested shall give such bond
as may be required.
A.
Any person who shall be found in violation of any
of the provisions of this chapter hereby adopted shall, severally,
and for each and every violation hereunder, be guilty of a noncriminal
violation as defined in Florida Statute § 775.08.
B.
Any person, firm, corporation or agent who or which shall be found in violation of any of the provisions of the chapter hereby adopted shall, severally, and for each and every violation hereunder, be punished as set forth in Chapter 1, General Provisions, Article II, of this Code, plus any other penalties and all other costs which a court of competent jurisdiction may lawfully assess.
[Amended 4-27-1993 by Ord. No. 93-08]
