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HomeMy WebLinkAbout02-016ORDINANCE NO. 02-16 AN ORDINANCE AMENDING CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.8-16 ("DEFINITIONS") TO CHANGE THE NAME TO "TERMINOLOGY, STANDARDS AND DEFINITIONS", TO PROVIDE FOR TERMINOLOGY AND STANDARDS AND TO ADD CERTAIN DEFINITIONS; AMENDING SECTION 1-13.8-18 ("MAXIMUM PERMISSIBLE SOUND LEVELS BY USE DISTRICT") TO ESTABLISH MAXIMUM PERMISSIBLE SOUND LEVELS AND VIBRATION LEVELS BY USE DISTRICT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION. WHEREAS, on February 2, 1988, the Board of County Commissioners adopted Ordinance No. 88-20 which created Chapter I-13.8, Noise Control, of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, Chapter 1-13.8 established maximum permissible sound levels by use districts based upon decibel levels; and, WHEREAS, this Board has conducted a noise measurement program with vibration analysis for St. Lucie County; and, WHEREAS, based upon the results of the noise measurement program, this Board has determined that it is appropriate to amend Chapter 1-13.8 to provide for sound measurement based upon octave bands rather than decibel levels and establish maximum permissible vibration levels. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 1 words are deleted; underlined words are added. PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 AS FOLLOWS: Section 1-13.8-16. Dc.qn?.~en:. Terminology~ standards~ and definitions. (a) All technical acoustical terminology and standards used in this article which are not defined below shall be read or constructed in conformance with the American National Standards Institute, Inc., ("ANSI") publication entitled "Acoustical Terminology", designated as ANSI S 1.1-1960, or its successor publication. b~) For the purposes of this chapter, the following definitions shall apply: Ambient noise is the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far, independent of any single, identifiable noise soume. Bel is a unit of level when the base of logarithm is ten (10). Use of the Bel is restricted to levels of quantities proportional to power. Boat is a description of watercraft, barge and airboat used or capable of being used as a means of transportation on water, mode of habitation or a place of business or professional or social association on the water of the unincorporated areas of St. Lucie County including but not limited to: (1) Foreign and domestic watercraft engaged in commeme; (2) Passenger or other cargo-carrying watercraft; (3) Privately owned recreational watercraft; (4) Airboats and seaplanes; (5) Houseboats or other floating homes. Decibel is a unit for measuring the volume of a sound, equal to twenty (20) times the logarithm to the base ten (I0) of the ratio of the pressure of the sound measured to the 2 _umc:'...=~ug.. words are deleted; underlined words are added. reference pressure, which is twenty (20) micropascals (twenty (20) micronewtons) per square meter. Discrete tone is the condition of a noise soume in which sharp, piercing or ham-like steady tones occur in the octave noise spectrum. Downwind gradient is within plus or minus 450 of the wind direction connecting the center of the noise source and the center of the received, with the wind blowing from soume to receiver. The wind speed is given as up to 11 mph (5m/sec). Emergency work is work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger. Frequency of a function periodic in time is the reciprocal of the primitive period. The unit is the cycle per unit time and must be specified. Ldn level is the twenty-four (24) Leq level in an environment in which all the ambient sound and other noises at night (defined as 10:00 p.m. to 7 a.m.) are added up as 10 dB(A) above actual noise level. Leq levelis the level of the time-weighted, mean-square, A-weighted sound pressure. Stationary noise sources are measured, in terms of octave band Leq, for a minimam often (10) minutes of operation. The background sound level measured for a minimam of five (5) minutes with the source off, must be subtracted from the Leq level in each of the nine octave frequency bands. Person is any person, person's firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. Sound level meter is an instrument including a microphone, an amplifier, and output meter and frequency weighting networks for the measurements of noise and sound levels in a specified manner. 3 S~'c!: ~Srzu~!: words are deleted; underlh~ed words are added. $oundpressure level in decibels of sound is twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of this sound to the reference pressure, which reference pressure must be explicitly stated. PART B. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-16 AS FOLLOWS: Section 1-13.8-18. Maximum permissible sound levels and vibration levels by use district. 1.(.D It shall be unlawful to project a sound or noise from one property into another property within the boundary of the use district which exceeds either the limiting noise spectra set forth in Table 1 below or exceeds the ambient noise level by more than three (3) decibels for any minimum part ora measurement period which measurement period shall not be less than sixty (60) seconds when measured as specified under the noise enforcement practices as adopted by the board of county commissioners by resolution. (2) (a) Sound or noise projecting from one (1) us~e district into another use district with a different noise level limit shall not exceed the limits of the district into which the noise is projected. For the purpose of this section, "Da,/" shall be considered to be from 7:00 a.m. to 10:00 p.m., and "Night" shall be considered to be from 10:01 p.m. to 6:59 p.m. .......... ~ ...... Unless provided otherwise, such sound that tests in excess of any such sound affected site specific applicable resultant value, after applying all site-specific impulse sound and/or pure tone (character of sound) adiustments, shall be a violation of this article. 6t4 (c) Corrections for character of sound: 1. Steady pure tone. For each sound that is a steady pure tone, the applicable maximum sound level limits set forth in Table 1 shall be 4 words are deleted; m~derlined words are added. reduced by five decibels at sound-affected sites/units in residential use districts. 2. Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five impulses in an hour), the maximum sound level limits set forth in Table 1 shall be increased by ten decibels from 7:00 a.m. to 10:00 p.m. 5 S/.--ac!: t!:raug.h words are deleted; underlined words are added. Use .......... mai g5 85 ............ v ........... ~ .............. ; ............... ; ................... hall TABLE 1 OCTAVE BAND NOISE LIMITS IN TERMS OF UN-WEIGHTED DECIBELS AND EQUIVALENT A-WEIGHTED DBA LEVELS Residential/Residential Commercial/Residential Industrial/Residential Octave Band Day Night Day Night Day Night Center Frequency (He~ 31.5 57-59 52-54 64 59 64 59 63 57-59 52-54 64 59 64 59 125 54-56 49-51 61 56 61 56 6 ~ ~mc.'~ ..~zug.. ~vords are deleted; underlined words are added. 250 50-52 45-47 57 52 57 52 500 46-48 41-43 53 48 53 48 1000 41-43 36-38 48 43 48 43 2000 37-39 32-34 44 39 44 39 4000 34-36 29-31 41 36 41 36 8000 30-32 25-27 37 32 37 32 dBA 48-50 43-45 55 50 55 50 (3) It is a violation of this article to operate, permit, of suffer operation or use of any industrial, manufacturing and/or commercial device, facility, operation, or process that causes any vibrations which exceed the applicable displacement(s) in inches specified in Tables 2 and 3 below, at the property boundary of, or within, any vibration affected site or unit in a residential use district. Steady state vibrations are continuous or occur in discrete pulses more frequently than 100 impulses per minute. Discrete pulses that do not exceed 100 impulses per minute must not cause displacement in excess of twice the applicable value(s) in Tables 2 or 3. Impact vibrations occur in discrete pulses which are separated by a time interval of at least one minute and which occur no more than eight times in any 24-hour period. These vibrations regulations do not apply to activities conducted pursuant to, and to the extent authorized by, blasting permits issued by the board or any other governmental entity that is authorized to issue such permits. TABLE 2 APPLICABLE VIBRATION LIMITS RESIDENTIAL TO RESIDENTIAL USE DISTRICT Frequency Permitted Level Rate of Vibrational Strokes Greater than Less than 100/Min 100/Min Less than 10 HZ .0004 .0008 10-19 Hz .0002 .0004 20-29 Hz .0001 .0002 7 words are deleted; underlined words are added. 30-39 Hz .0001 .0002 40-49 Hz .0001 .0002 50 and Over .0001 .0002 TABLE 3 APPLICABLE VIBRATION LIMITS COMMERCIAL TO RESIDENTIAL AND INDUSTRIAL TO RESIDENTIAL Frequency Permi~ed Level Rate of Vibrational Strokes Greater than Less than 100/Min 100/Min Less than 10 HZ .0004 .0008 10-19 Hz .0002 .0004 20-29 Hz .0001 .0002 30-39 Hz .0001 .0002 40-49 Hz .0001 .0002 50 and Over .0001 .0002 (a) The following standards shall be used, as applicable, to measure vibrations: ISO-2631 (Mechanical vibrations and shock B Evaluation of human exposure to whole body vibration); ANSI S2.2-1959 (R1990) (Calibration of shock and vibration pickups); ANSI S2.61-1989 (ASA 78) (Mechanical mounting of accelerometers); ANSI S24.21-1957 (R1989) Characteristics of shock and vibration measurements). (b) A three component measuring system shall be used to measure vibrations. The testing system shall measure earth borne vibrations in three directions, each of which occurs at right angles to the other two. PART C. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. 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. 8 St~c!: flirc~gh words are deleted; underlined words arc added. PART D. 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART E. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated areas of St. Lucie County. PART F. FILING WITH DEPARTMENT OF STATE The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE This ordinance shall take effect on January 1, 2003. PART H. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward. Vice Chairman Cliff Barnes Commissioner Paula A. Lewis Commissioner John D. Bmhn Commissioner Frannie Hutchinson PART I. CODIFICATION AYE AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the 9 words are deleted; tmderlined words are added. sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C to I shall not be codified. PASSED AND DULY ADOPTED this 17th day of September, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND ~ ~' CORRECTNESS: BY: COUNTY ATTORNEY [271 10 Sm:c!: tkrv~:gh words are deleted; underlined words are added.