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Home My WebLink About06-021 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 2984855 01/0212007 at 03:07 PM OR BOOK 2731 PAGE 1017 - 1028 Doc Type" ORDN RECORDING: $103.50 . ORDINANCE NO. 06-021 AN ORDINANCE AMENDING THE CHAPTER 1-13.8, NOISE CONTROL, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY AMENDING SECTION 1-13.8-1 (PURPOSE) TO CLARIFY THE PURPOSE OF CHAPTER 1-13.8; AMENDING SECTION 1-13.8-16 (TERMINOLOGY, STANDARDS, AND DEFINITIONS) TO IDENTIFY LEGAL HOLIDAYS; AMENDING SECTION 1-13.8-18 BY AMENDING THE SECTION HEADING FROM "MAXIMUM PERMISSIBLE SOUND LEVELS AND VIBRATION LEVELS BY USE DISTRICT" TO "SOUND LEVEL LIMITATIONS", FURTHER AMENDING SECTION 1-13.8-18 BY REVISING TABLE 1, "OCTAVE BAND NOISE LIMITS IN TERMS OF UN-WEIGHTED DECIBELS AND EQUIVALENT A-WEIGHTED DBA LEVELS" TO "SOUND LEVEL LIMITS BY RECEIVING PROPERTY" AND DELETING TABLE 2, "APPLICABLE VIBRATION LIMITS RESIDENTIAL TO RESIDENTIAL USE DISTRICT", AND TABLE 3, "APPLICABLE VIBRATION LIMITS, COMMERCIAL TO RESIDENIT AL AND INDUSTRIAL TO RESIDENTIAL", AMENDING SECTION 1-13.8-19 (EXEMPTIONS) TO CLARIFY HOURS FOR LANDSCAPING AND CONSTRUCTIONS ACTIVITIES; AMENDING SECTION 1-13.8-21 (PENALTIES) TO CLARIFY THAT EACH VIOLATION SHALL CONSTITUTE A SEPARATE OFFENSE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, has made the following determinations: 1, On February 2, 1988, this Board adopted Ordinance No, 88-20 which created Chapter 113,8, Noise Control, of the SI. Lucie County Code of Ordinances and Complied Laws; and, 2, On September 17,2002, this Board adopted Ordinance No, 02-16 which provided for sound measurement based upon octave bands rather than decibel levels and established maximum permissible vibration levels for the unincorporated areas of the County; and, 3, On January 7, 2003, this Board adopted Ordinance No, 03-0 which provided for certain use and activities to be exempt from the noise level regulations set forth in Chapter 1-13,8; and, 4, On January 17, 2003, this Board adopted Ordinance No, 03-35 which amended Chapter 1-13,8 to correct a scriveners error in the definition of "Night" in Section 1-13,8-19; and, ótpl::lelí tAPSI;:Iªh passages are deleted. Underlined passages are added. 1 5, This Board has determined it is necessary to further amend Chapter 1-13,8 to more accurately reflect the noise conditions in the County and methods of measuring such noise for the benefit of the residents of the unincorporated areas of the County, 6, On October 17, 2006, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port 81. Lucie News and the Tribune on October X, 2006, 7, On December 5, 2006, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port SI. Lucie News and the Tribune on November X, 2006, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of SI. Lucie County, Florida: PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-1 (PURPOSE) AS FOLLOWS: Section 1-13.8-1. Purpose. It shall Be unlawful for any peFSon to make, continue, or cause to Be R1ade or sontinued any excessive, unnecessary or unusually loud noise or any noise whicA either annoys, disturBs, injures or endan¡¡ers the sOR1fort, ropose, Aealth, pease or safety of others, within the uninsorporeted areas of the sounty, Failure to sOR1ply with tAic shepter shell sonstitute a '/ioletion of this Code, (1) Excessive, unnecessary or unusually loud noise is a detriment to the public health, comfort. convenience, safety, welfare and prosperity of county residents, (2) It is in the public interest that the reaulations contained in this chapter be adopted as Dublic Dolicy to promote the public health, comfort, safety, welfare and repose of the county and its inhabitants, PART B. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 (TERMINOLOGY, STANDARDS AND DEFINITIONS) AS FOLLOWS: Section 1-13.8-16. Terminology, standards, and definitions. (a) All teshnisel asoustical terR1inolo¡¡y and standards used in tAic article whicA are not defined Below shall Be read or cOAstructed in conforR1ation with the .'\R1eriean National Standards Institute, Ins, ("AÞJSI") pUBlication entitled "Acoustical TerR1inolo¡¡y", desi¡¡nated as .'\ÞJSI S1 11960, or its successer pUBlications, For the purposes of this chapter, the following definitions shall apply: ètpldslt tAPBl:Igk passages are deleted. Underlined passages are added. 2 A-WeiGhtinG is the electronic filterina in sound level meters that models human hearinq freauency sensitivity, I',FReieRt neise is the all ensempassing naise assesiatea 'Nith a given enviranment, Being usually a semposite ef sounas frem many seUFS8S, near, and far, independent of any single, identifiaele noise seurse, BackGreund sound level is the total sound pressure level in the area of interest excludina the noise source of interest. Be! is a unit of lovel when ease ef lagarithm is ten (10), Use of the Bel is FCstristed to le'lel of quantities preportional to power. Boat is every dessriptian of watercraft, earge and aireeat usea or sapaele af Being used as a means ef transpertation en water, meae af haeitatien ar a place of eusiness ar professianal or Ðesial aÐÐosiation an the water afthe uninsarperated aFCas of 81. Lusio County insluding, eut not limitea te: (1) FeFOign and aamoÐtis watersraft engagea in sammerse: (2) Passenger ar ather sarga sarrying watersraft; (3) Pri'/ately awned FOsreational watersraft; (1) f.ireaats anaseaplaneÐ; (5) Hauseeaats or otAer flaating homeÐ, Commercial prepertv is any property zoned for commercial purposes that is used primarily for the sale of rnerchandise or aoods, or for the performance of service, or for office or clerical work, Censtruction is any site preparation, assembly, erection, repair, alteration or similar action, or demolition of buildinqs or structures, Decibel (dB) is a unit fur measuring the volume af a seund, equal te twenty (20) times the logarithm to the ease ten (10) ef the ratio of the pFessure of the souna measurea ta the refurense pressure, '/IAish is twenty (20) misropassals (tv.'enly (20) misronevJtons) per square meter the unit of measurement for sound pressure level at a specified location. dBA is the A-weiqhted unit of sound pressure level. DiSGFGIÐ teRo is tho sonaition af a naise saurso in whish sharp, pieraing ar hum like steaay tanes assur in the ostave naise spestrum, Downwind g;adient is within plus or minuÐ farty fivo (15) aegrees of the wina airestion sonnesting the senter of tha noise saurse ana tAQ senter of the reseivea, with tAQ wind bh3'....ing from saurce to reseiver, The '....ind speed iÐ given as up te eleven (11) mph (5 mlsQs), Emerqencv is any occurrence or set of circumstances involvina actual or imminent physical trauma or property damaae that demands immediate action, StPl::Is!í tÞ.r81::1!Þ. passages are deleted. Underlined passages are added. 3 Emergency work is werk maee Aesessarl te restere ßreßerty te a safe ceneitien follewiA¡¡ a ßuelie calamity or work FOE!lIiree te ßretect ßerGons or ßreßerty from an imminent eXßosure te ean¡¡or any work or action performed for the purpose of preventina or alleviatina the physical trauma or property damaae threatened or caused bv an emeraency or deliverina essential services, F-reflUÐf/G}' of a fllAction ßerieeic in time is the reciwecal of tAe wimitive ßerioe, The lInit is the cycle ßer lInit time ane mllst ee sßecifiee, Impulsive sound is a sound havina a duration of less than 1 s with an abrupt onset and rapid decay, Industrial property is any property that is used primarily for rnanufacturina or processina, Lfln !f3\'o! is the r.veAty four (2~) LOE! le'lel in an environmental in 'NAish all the ameient Ðoune ane other neises at ni¡¡ht (eefinee as 10:00 ß,m, to 7:00 a,m,) are aeeee lIß as ten (10) dB(.'\) aeove actual Reise le'lel. Leaal holiday includes the followina: New Years Day, Martin Luther Kina Jr, Day, Memorial Day, Independence Day, Labor Dav, Veterans Day, Thanksaivina Dav, Christmas Eve and Christmas Day, LÐflleve! is the le'lel of the time Wei¡¡Atee, mean SE!lIare, ^ wei¡¡htee Ðoune ßreSSllrÐ" Stationary noise sOllrces are moaslIree, in terms ef ostave eane LeE!, fer a minimllFR of ten (10) minutes of oßeration, TAe eask¡¡roune sOllne level measllree for a minimllm of five (5) minlltes with tAe source eft, FRlIÐt ee suetrastee from tAe LeE! 10'101 in eash of the nine (9) ostave freE!uency eaneE;, Mixed use buildina is a buildina in which both residential and commercial uses are permitted, Muffler is a sound-dissipative device or system for attenuatina the sound of escapina aases of an internal combustion enaine, Multi-Family dwellina is any buildina or other shelter that has been divided into separate units to house more than one familv. Noise is any sound that annoys or disturbs humans or causes or tends to cause an adverse psvcholoaical or phvsioloaical effect on humans or that would unreasonablv interfere with the enioyment of life or proDerv, Octave band is all of the components in a sound spectrum whose freauencies are separated bv an octave, Person is any person, person's firm, association, copartnership, joint venture, corporation or any entity, public or private in nature, Stplcleh t~P8lc1gh passages are deleted. Underlined passages ore added. 4 Real propertv line is the line, includina its vertical extension that separates one parcel of real property from another. Residential propertv is any property on which people live and sleep, Sound level meter (SLM) is an instrument inÐludin! a miÐro",hone, an amplifier, an output meter aREI fre€lUenÐywei!htin! neÞtlorks forthe measurement of noise and sounå levels in a speÐifieå manner used to rneasure sound pressure levels conformina to Type 1 or Type 2 standards as sDecified in the ANSI Standard S1.4-1983 or the latest version thereof, Sound pressure level (SPLJ in deÐibels of sounå is !\'Ienty (20) times tRe lo!arithm to tho base ten (10) of the ratio of the ",FOssure of this sounå to tRe referenÐe pressure, whiÐh referenÐe pressure must be ex",IiÐitly statoå is 20 multiplied by the loaarithm, to the base of 10. of the measured sound pressure divided by the sound pressure associated with the threshold of human hearina, in units of decibels. Weekdav is any day, Monday throuah Friday, that is not a leaal holiday. PART C. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-18 (MAXIMUM PERMISSIBLE SOUND LEVELS AND VIBRATION LEVELS BY USE DISTRICT) AS FOLLOWS: Section 1-13.8-18. Maximum peFmissible sound love Is anå ':ibration le':els by use distriGt Sound level limitations. (1) It shall eo unlawful to ",rejeÐt a sound or noise from one pro",er-ty into another ",ro",erty within tRe bounåary of the use di6lrist ',vhiÐh eXÐeeds either tRe limitin! noise s",eÐtra set frOtR in Taele 1 Belew ar eXÐeods the ambient noise level ey Fflore than three (J) desibels far any miniFfluFfI ",art ef a FflcasuroFflent ",eriad WRiGh FflcasureFflent ",oriaå shall not ee less than sixty (60) seÐonåÐ when measureå as Ð",eÐified under the noise enfersement ",FaÐtiÐes aÐ ado",teå ey the eoarå of Ðaunty ÐOFflmissioncrs by FOsalution, (a) Sounå or noiso ",rejeÐtin! from ono (1) use distriÐt inte another uso åistrist witR a åifferont noise level limit shall not eXÐeoå the limits of the åistriÐt into whish the noise is ",rojested, Fer the ",urpose of this seetion, "day" shall be ÐanÐidercd to ee fram 7:00 a,FfI, to 10:00 P,FfI" and "ni!ht" shall ee Ðensidered to ee froFfl 10:01 ""m, to 6:89 a,m, (e) Unless ",rovideå otherwise, such sounå that tests in eXÐess of any sUÐh sounå affeÐted site speGifiÐ appliGaele resultant value, after applyin! all site speÐifiÐ impulÐe sounå anå/or pure one (ÐharaÐter ef sound) aåjustments, shall be a violation af this artiÐle, (Ð) CorreÐtians for ÐharaÐter af Ðaund: Stp1:tel( tl>1psl:lyh passages are deleted. Underlined passages are added. 5 1, ¡:;toaay ßuro tens. Fer sash seuna that is a steaay ßura tene, tRO (¡ßßlisable maxiffium sounalovolliffiits set ferth in Table 1 shall be reausea by fiva (5) aesibels at seuna (¡ffestaa sitesJunits in r-esiaential use aistrists. 2, Nen raßotitivo iffißulsive seuna, Fer any non reßetitive seuna (uß to five (5) iffißulses in an Reur), the maximuffi seuna lovel limits setferth in Table 1 shall be insreaseaby ten aesibels frem 7:00 a,m. te 10:00 ~ TABLE 1 OCT!WE BAND NOISE LIMITS IN TERMS OF UN WEIGHTED DECIBELS "\ND I!QUI'J1\LENT 1\ WEIGHTED DB.!'. LEVELS RosiaentiallResiaential Cemmersiall Resiaential I naustriallResiaential Ootave Bana Day Night Day ÞJight Day Night Center FroE!uensy (Hertz) JU 5759 5254 64 59 64 59 6J 5759 5254 64 59 64 59 125 5456 4951 61 56 61 56 250 5052 4547 57 52 57 52 500 4648 41 4J 5J 48 5J 48 1000 41 4J J6 J8 48 4J 48 4J 2000 J7 J9 J2 J4 44 J9 44 J9 4000 J4 J6 29 J1 41 J6 41 JS 8000 JO J2 2527 J7 J2 J7 J2 aBA 4850 4J 45 55 50 55 50 (2) It is a vielatien ef tRis artisle te eßerato, ßermit, ef suffer eßoratien er use ef any inaustrial, manufaeturing analer semmeFGial aevise, fasility, eßeratien, or ßresess that Gauges any '¡ibratiens ·...'hish exseca the aßßlisablo aisßlasoffient(s) in in shes sßesifiea in Tables 2 ana J bolew, at the ßFoßerty bounaary ef, er within, any vibratien affesteel site er unit in a rc¡¡ielential use aistrisl. Steaely state vibrations are sentinueus or essur in eIissrote ßulsos moFO freE!uently than 100 iffißulses ßer minute, Dissrote ßulses that €Ie net cxseea 100 iffißul¡¡es ßer minute must net sause eIisßlasement in exsess of twiec the aßßlisable '¡alue(s) in Tablee 2 er J, Imßast vibratiens essur in eIiesreto ßulses '....hish are seßaratoaby a time interval ef at least ene minute ana whish essur ne mom than eight times in any 24 Reur ßeriea, TRese vibratiens regulatiens eIo net aßßly te astivities senaustea ßUFSuant te, ana te the extent autRerizeaby, blasting ßermits issueelby the beaFEI er any etRar gevemffiental ontity that is authorizeate issuo ¡¡ush ßormits. Stp1:tsh tl<\ 51:1!jR passages are deleted, Underlined passages are added, 6 TABLE! 2 APPLIC.^.BLE! VIBRATION LIMITS RE!SIDE!NTIAL TO RE!SIDE!NTIAL USE! DISTRICT Fre~uEmcy Permitted LO'lel Rate of Vibratianal Strakes Greater than 100/Min Less than 100iMin 10 HZ 1019 Hz 20 29 Hz 30 39 Hz 40 49 Hz 50 ana Over lass than ,0004 ,0002 ,0001 ,0001 ,0001 ,0001 ,0008 ,0004 ,0002 ,0002 ,0002 ,0002 TABLE! 3 APPLICABLE! 'IBR!\TION LIMITS COMME!RCIAL TO RESIDE!NTIAL AND INDUSTRIAL TO RE!SIDE!NTI.'I.L Permitted Level Rate af Vibratianal Strokes Fre~uency Greater than 100!Min less than 100!Min 10 HZ 1 ° 19Hz 20 29 Hz 30 39 Hz 40 49 Hz 50 ana Over Less than ,0004 ,0002 ,0001 ,0001 ,0001 ,0001 ,0008 ,0004 ,0002 ,0002 ,0002 .0002 (a) The folle'....in! standarc:ls shall be usea, as applicablo, ta measure vibratiens: ISO 2631 (Mechanical vibratiens amI shack B E'Jaluation af human expesure te whale baay 'Jibratian); ^NSI S2,2 1959 (R1990) (Calibratien of shack and vibratian pickups); f,NSI S2,61 1989 (^S^ 78) (MecRanical mauntiR! af acceleremeters); AÞJSI S24,21 1957 (R1 989) Characteristics af sRack and vibration Ffleasurements), g'tF'~elt tAP81::1gA passage.s are deleted. Underlined passages are added. 7 (e) ,'I three sem¡Jonent mssslIrin¡¡ system shallee lIseE! to R'teaSlIro vierations, The testin¡¡ systeFl1shall measure earth eorno vierations in tRroe E!irestions, eaGR of'NRiGR ossllrs at ri¡¡ht an¡¡les to tRe ether two, No person shall cause, suffer, allow, or permit the operation of any sound source in such a manner as to create a sound level that exceeds the sound level limits set forth in Table 1 when measured at the real property line of the nearest receivina property. usina the slow response settina unless otherwise noted, Such a sound source would constitute a noise disturbance, TABLE I SOUND LEVEL LIMITS BY RECEIVING PROPERTY Receivinn Pronertv Cateaorv Time Sound Level Limit (dBA) Residential 7 am - 10 pm 60 10nm-7arn 55 Commercial At all times 65 Industrial At all times 70 (1) (2) (3) (4) PART D. If the noise is an impulsive sound, the fast response settina that shall be used and the daytime (7a,m, -10 p,m,) limits ofTable 1 shall be increased by 10 dBA. In a multi-family dwellina, it shall be unlawful to create or permit to be created any noise that exceeds the daytime (7 a,m, -10 p.rn,) limit of 50 dBA and the niahttime (10 p,m, - 7 a,m,) limit of 40 dBA as measured from a neiahbor's dwellina, In a mixed use buildina, it shall be unlawful to create or permit to be created any noise that exceed the daytime (7 a,m, - 10 p.m,) limit of 55 dBA and the niahttime (10 p,m, - 7 a,m,) limit of 45 dBA as measured within the residential use portion of the buildina, In addition to the limits of Table 1, for any sound source which impacts residential property, the maximum allowable sound level limits for the individual octave bands whose centers are 31,5,63 and 125 Hertz shall not exceed 65 dB, CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-19 (EXEMPTIONS) AS FOLLOWS: Section 1-13.8-19. Exemptions. (1) The following uses and activities shall be exernpt from noise anE! ,..ieratien level regulations: (a) Noise anE! 'Iieration of safety signals, warning devices, and emergency pressure relief valves, (b) Noise anE! vieration resulting from any authorized emergency vehicles, when responding to an emergency call or acting in time of emergency, (c) Noise anE!vierstion resulting from emergency work as defined in 1-13,8-16, Str1:lsh tt:lpel:~~ passages are deleted. Underlined passages are added. 8 (d) Noise and vitJFatien resulting from the operation of any type of aircraft, not including scale model aircraft, (e) Noise and '¡itJratien resulting from the operation of any motor vehicle as specified in Chapter 316 and Chapter 403, Florida Statutes, (I) Noise and vitJratien resulting from the operation of the following facilities existing and in operation on the effective date of this chapter: 1, Electricity regulating substations, 2, Electric generation plants, 3, Other electric utilities, 4, Gas pressure control stations, 5, Gas production plants, 6, Natural or manufactured gas storage and distribution points. 7, Other gas utilities, 8, Pipeline pressure control stations, 9, Railroad, rapid rail transit, and street railway transportation, 10, Industrial wastewater disposal. 11, Sewage disposal. 12, Sewage pressure control stations, 13, Sewage treatment plants, 14, Sewage sludge drying beds. 15, Water utilities and irrigation, 16, Solid waste disposal. (g) Noise and 'itJratien resulting from agricultural activities in districts zoned AG- 1 (Agricultural-1), AG-2.5 (Agricultural-2,5). AG-5 (Agricultural-5), and AR-1 (Agricultural, Residential-1) under Section 3,01,03 of the SI. Lucie County Land Development Code, (h) Noise and vitJratien resulting from the operation of the engine of any boat on the waters of the unincorporated areas of the county, (I) Noise and vitJmtien resulting from any authorized law enforcement and firefighting training activities including, but not limited to, sheriff departrnent shooting range activities, OJ Noise ORa vitJratien resulting from the activities of any permitted use, conditional use or accessory use permitted in districts zoned industrial, light under section 3,3,114, SI. Lucie County Zoning Ordinance, industrial, heavy (I H) under section 3.3,115, SI. Lucie County Zoning Ordinance, and industrial, extraction (IX) under section 3,3,116, SI. Lucie County Zoning Ordinance, existing and in operation on the effective date of this chapter. (k) Noise and 'itJratien resulting from the temporary operation of equipment or activities relating to normal lawn andlor landscape maintenance of residential or commercial uses, tJetween tA8 helJrs ef 7:00 a,A1, and 10:00 J,A1, from sunrise to sunset including, but not limited to, the following activities: lawn mowing, rnaintenance of trees, hedges, and gardens, reflJse GelleGtien; soil cultivation; and pavement sweeping and cleaning, (I) Noise ana vitJratien resulting from the operation of any mining activities under a permit issued pursuant to Chapter 1-12,5 of this Code, The hours of Stp1:Ielt. thp8l:1g~ passages are deleted. Underlined passages are added. 9 operation shall be limited to the hours set forth in the permit. (m) Noise aRs vibration resulting from the operation of railways and shipping activities, (n) Noise ans vibration resulting from permitted construction activities occurring between 7:00 a.m, and sundown pursuant to permits issued prior to December 6, 2006 and between 7:00 a,m, and 6:00 p,m, on weekdays and 8:00 a,m, and 5:00 p,m, on Saturday for permitted construction activities pursuant to permits issued on or after December 6, 2006, The exemption shall be effective upon obtaining a building permit and shall pertain to any construction activity directly related to the construction authorized under the permit. A special permit issued pursuant to section 1-13,8-20 shall be required for the generation of noise aRs vibration resulting from construction activities betwoen sURsown aRs 7:00 a,m, outside the hours set forth above in this subsection, In the event of an emeraency, the Buildina Official may issue a special permit for extended hours pendina review of an application for a special permit pursuant to Section 1-13,8-2, For any violation of the terms of the special permit, the permit holder and the violator shall be jointly and severably liable, (0) Any other noise ans vibration resulting from activities of temporary duration permitted by law and for which a license or permit therefore has been granted by the Board of County Commissioners in accordance with section 1-13,8-20, (p) Any noise aRs vibration resulting from golf course maintenance activities, (2) Where an industrial or commercial use is established on property not adjacent to a residential use district and the adjacent property subsequently becomes residential, the noise and vibration resulting from the operation of the pre-existing industrial or commercial use which is projected into the residential use district, shall be subject to the permissible noise and vibration levels for industrial or commercial use districts, as appropriate, (3) Where the noise aRs '¡ibration levels for ª pre-existing use are more restrictive than those for a subsequent use established adjacent to the pre-existing use, the noise and vibration levels for the pre-existing use shall apply, PART E. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-21 (PENALTIES) AS FOLLOWS: Section 1-13.8-21. Penalties. Violation of this chapter is a misdemeanor pursuant to Section 125,67, Florida Statutes, and is punishable under said section by imprisonment for up to sixty (60) days, or a fine of up to five hundred dollars ($500,00) or both such imprisonment and fine, Each instance of a violation of this chapter shall constitute a separate offense, StPI:ISli thpel:l~~ passages are deleted. Underlined passages are added. 10 PART F. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of SI. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART G. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance, If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance, PART H. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of SI. Lucie County, PART I. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304, PART J. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART K. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E, Srnith Commissioner Paula A. Lewis Commissioner Doug Coward Corn missioner Charles Grande AYE AYE AYE AYE AYE PART L. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of SI. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through H shall not be codified, &1"pl:lel~ tRrSI:I!!jR passages are deleted, Underlined passages are added. 11 '\ ~'., q \ '" PASSED AND DULY ADOPTED this 5th day of Decernber, ~Qô~ \~ ../, ~h j'~ STP~e¡ t~pel::l!JR passages are deleted. Underlined passages are added. ,'.' BY: APPROVED AS TO FORM AND CORRECTNESS .~ ¡'ù4c> C~ Attorney 12