[HISTORY: Adopted by the Town Council of the Town of Zolfo Springs 1-12-1998
by Ord. No. 98-01. Amendments noted where applicable.]
A.
The Town Council of Zolfo Springs finds that noises which
are unreasonably loud, raucous or disturbing are potentially harmful and injurious
to the public health, safety, welfare and tranquility of the Town and unreasonably
interfere with the enjoyment of life and property within the Town.
B.
It is therefore the purpose of this chapter to eliminate,
regulate or restrict sources or occurrences of amplified sound or noises which
are contrary to the public safety, health, welfare or tranquility. It is determined
by the Town Council that unreasonably loud, raucous or disturbing noises created
by amplification of sound emanating from the property of the persons, business
establishments or entities generating those noises are detrimental to the
well-being and tranquility of the community and are contrary to the public
safety, health, welfare and tranquility.
The following words and phrases shall have the following meanings when
used in this chapter:
- AMPLIFIED SOUND
- Sound augmented by any electronic means that increases the sound level or volume.
- CAUSE OR PERMIT TO BE MADE
- Any situation wherein it is within any person or entity's power or control to prevent any activity prohibited by this chapter, including, without limitation, controlling or removing animals or controlling or excluding persons from property owned by or in the possession or control of the person or entity.
- ENTITY
- Any institution, business or other nonresidential use of property, including, without limitation, government centers, churches or other houses of worship, schools, and parks.
- LIVE MUSIC
- Any sound comprised of instrumental music, song, or a combination of instrumental music and song produced in whole or in part by a singer vocalizing or by a musician playing a musical instrument on the same property as the sound source.
- NUISANCE
- Any condition which constitutes an unreasonable interference with the health, safety, comfort, peace, tranquility and general welfare of the residents of the Town.
- PERSON(S)
- Any individual, association of individuals, business or entity.
- RECEIVING PROPERTY
- Any lot, parcel of land, public space, institution or entity to which sound, not originating therefrom, travels.
- RESIDENCE
- Any residential dwelling, including, without limitation, single-family homes, multifamily homes, duplexes, apartments, trailers, mobile homes, manufactured homes, and condominiums.
- SOUND SOURCE
- The place from which amplified sound emanates, including, without limitation, a speaker, loudspeaker, or other sound-producing instrument or person.
- UNREASONABLY LOUD
- Sounds that disrupt the normal daily activities of the community, including, without limitation, sleeping, studying and dining, cause adverse psychological or physiological effects on humans, or sounds that otherwise disturb the tranquility of residential communities and disturb the peace of the Town's residents.
A.
It is unlawful and shall be prohibited to willfully or
intentionally cause or permit to be made any unreasonably loud noises or raucous
noises which emanate from a sound source onto:
B.
Exceptions. The following exceptions apply to this section
and shall be excuses for violations hereunder if the activities excepted are
conducted in a reasonable manner under the circumstances:
(1)
Emergency vehicles.
(2)
School playgrounds.
(3)
Motor vehicles which comply with state and federal law.
(4)
Fire alarms and burglar alarms.
(5)
Pioneer Days festival and other parades, fireworks displays
and carnivals properly licensed and conducted within the license restrictions.
(6)
Construction or repair activities, as long as these activities
are conducted between the hours of 8:00 a.m. and 5:00 p.m. Eastern standard
time for power tools and between 7:00 a.m. and 6:00 p.m. Eastern standard
time for other construction and repair activities.
(7)
The operation of industrial or agricultural equipment,
such as power units and sprayers, provided that such equipment is muffled
or equipped with a muffler device in accordance with the manufacturer's specifications
and provided that such equipment is operated only between the hours of 8:00
a.m. and 5:00 p.m. Eastern standard time.
(8)
Other activities receiving special authorization by resolution
of the Town Council.
A.
The following acts, and the causing or permitting thereof,
which produce unreasonably loud sound which emanates from the property where
the sound source exists to any other receiving property shall be considered
nuisances and shall be prohibited:
(1)
Radios, television sets, musical instruments, and similar
devices. Operating, playing or permitting the operation or playing of any
radio, television, phonograph, drum, musical instrument, or similar device
operated or conducted between the hours of 10:00 p.m. and 8:00 a.m. the following
day.
(3)
Horns. Use of horns or similar devices, except as required
for motor vehicle safety or otherwise required by law.
(4)
Sound vehicles. Vehicles containing or having attached
mounted or trailer-mounted devices which produce unreasonably loud and raucous
amplified sound.
B.
Exceptions. The following exceptions apply to this section
and shall be excuses for violations hereunder so long as the activities excepted
are conducted in a reasonable manner under the circumstances:
A.
Responsible persons. For purposes of this chapter, any
person(s) owning, and the person(s) and the entity named on a business license,
and the person or entity having responsibility for management of any property
or entity violating this chapter shall be jointly and severally liable for
compliance with this chapter and shall be responsible for violations of this
chapter occurring on his or its property or committed by the entity that he
or it manages or controls.
B.
Complaint procedure. Complaints under this chapter may
be made by telephone or other contact with the Town's Police Department. The
complainant shall identify himself or herself by name, address and telephone
number and shall identify the general direction or vicinity of the apparent
sound source but shall not be required to meet personally with the investigating
officer or to sign a written complaint.
A.
Investigation. Investigation of violations of this chapter
may be commenced upon the complaint of any person. Investigations shall be
conducted by Town police officers in a manner consistent with enforcement
of other laws and in accordance with general police policies.
B.
Enforcement.
(1)
Any person or entity found to be violating any provision
of this chapter shall receive a warning citation for the first offense. Subsequent
offenses after a reasonable time to correct the violation, or cause the violation
to cease, shall cause the officer to issue a notice to appear in County Court
to answer charges of violation of this chapter. Only one warning shall be
issued within any given thirty-day period.
C.
Penalties for offenses.
(1)
Upon plea or proof of guilt and subsequent adjudication,
any person or entity in violation of this chapter or a plea of no contest
shall be fined as follows:
(2)
Continued refusal or failure to reduce noise below violation
levels after the officer gives a reasonable time to stop the violation, or
cause the violation to cease, shall result in citations for second and subsequent
offenses, even if the second and subsequent offenses occur within the same
day.
D.
Injunctions; citizen suits. The Town or a substantially
affected person may seek injunctive or other relief to enforce the terms of
this chapter in a court of appropriate jurisdiction. Such an action may seek
remedies for past violations as well as an injunction to prevent future continuing
or future violations of this chapter.
E.
Attorney fees, court costs and administrative expenses.
Upon a plea of guilty, a plea of no contest or adjudication of guilt, the
person or entity charged shall be responsible for payment of the Town's reasonable
attorney fees, court costs and administrative expenses.
