§ 15-27. Same—Prohibited; enumeration and definitions.

(a)

It shall be unlawful for [a] person or persons to make, continue or cause to be made or continued any loud and raucous noise, which term shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, sleep, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term "loud and raucous noise" includes, but not in way of limitation, the kinds of noise generated by the activities enumerated in section 15-27(c) below, except as provided in section 15-29. The term shall be limited to loud and raucous noise audible upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, or in any hospital or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, or in any occupied residential unit which is not the source of the noise or upon the grounds thereof, or in any event at a location of not less than fifty (50) feet from the noise source.

(b)

The following definitions shall apply to the interpretation and enforcement of sections 15-26 through 15-30:

Audible: The quality or characteristic denoting that the information content of sound is clearly and unambiguously transferred to the auditor, including, but not limited to, the understanding of spoken speech and the comprehension of musical compositions.

Construction activities: Any and all activity incidental to the erection, demolition, assembling, alerting, installing or equipping of buildings, structures, roads or appurtenances thereof, including the land clearing, grading, excavating and filling.

Device: Any equipment or mechanism which is intended to produce or which actually produces sound when installed, used or operated.

Emergency: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

Emergency response vehicles: Vehicles of all police and fire departments, emergency vehicles of Brevard County and municipalities within the county, emergency vehicles of any public service corporation, all ambulances and rescue vehicles.

Loud and raucous noise: Any sound which is unnecessary, unnatural or unusual in its time, place and use, and which, because of its volume level, duration, and character, disturbs, injures or endangers the comfort, sleep, health, peace, safety or otherwise interferes materially with the rights of a reasonable person of ordinary sensibilities.

Motor vehicles: Any vehicle which is self-propelled by electric power or internal combustion engines including motorcycles, motorscooters, automobiles, powerboats, jet-skis and airboats.

Person: Any natural person individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, public officer or any other entity whatsoever or any combination of such, jointly or severally.

Sound: An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity, amplitude and frequency.

Sound-producing device: Any equipment or machine for the production or reproduction of speech, music or other sound, including, but not limited to, radios, televisions, phonographs, tape players, musical instruments, compact disc or tape cassette players, walkie-talkie, CB radios or synthesizers.

Warning device: Sound-emitting devices used to alert and warn people.

Watercraft: Any machine in, upon by which any person or property is or may be transported or drawn upon or over any watercourse or body of water, including swamplands; this term shall include hovercraft and airboats.

(c)

The following acts are declared to be public nuisances.

(1)

Engine exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motorboat except through a muffler or other device which will effectively prevent loud and raucous noises therefrom.

(2)

Operation of equipment at night. The operation between the hours of 8:00 p.m. and 7:00 a.m. on any day of any piledriver, earthmoving equipment, pneumatic hammer, derrick, dredge, steam or electric hoist or other appliance, machine or equipment, the use of which is attended by loud and raucous noise. The city manager or designee may issue permits for work in case of operational necessity.

(3)

Blowers. The operation of any blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to prevent loud and raucous noise.

(4)

Horns, signaling device, etc. The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise.

(5)

Radios, televisions, amplifiers, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, stereo, television, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise by any person present and in control of such device or by any person present and in control of premises wherein such device is located.

(6)

Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise.

(7)

Noisy animals, birds. The keeping of any animal or bird which habitually or frequently causes a loud and raucous noise.

(8)

Defect in vehicle or load. The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other loud and raucous noise or which is not equipped with a muffler in a good working order and in constant operation so as to prevent loud and raucous noise.

(9)

Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building so as to create a loud and raucous noise between the hours of 8:00 p.m. and 7:00 a.m. the following day, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the city manager or designee, which permit may be granted for a period not to exceed three (3) working days or less while the emergency continues and which permit may be renewed for successive periods of three (3) days or less while the emergency continues. If the city manager should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 8:00 p.m. and 7:00 a.m., he may grant permission for such work to be done between such hours or within a shorter time period during such hours upon application being made at the time the permit for the work is issued or during the progress of the work.

(10)

Noises used to attract attention. The use of any drum or other instrument or device to create a loud and raucous noise.

(11)

Loading and unloading; opening boxes. Creation of a loud and excessive noise in connection with loading or unloading any vehicle, or opening and destruction of bales, crates and containers.

(Ord. No. 1006, § 2, 8-19-1993)