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Home My WebLink About03-035JOANNE HOLMAN, CLERK OF THE CIRCUIT OOURT - SAINT File Number: 2295149 OR BOOK 1829 PAGE 59? Recorded:lO/2?/05 09:26 ORDINANCE NO. 03-35 AN ORDINANCE AMENDING CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-13.8-18TO CORRECT A SCRIVENERS ERROR REGARDING THE DEFINITION OF "NIGHT"; PROVIDING FOR CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE AND THE DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION, AND CODIFICATION. LUCIE COUNTY WHEREAS, on February 2, 1988, the Board of County Commissioners adopted Ordinance No. 88-20 which created Chapter 1-13.8, Noise Control, of the St. Lucie County Code of Ordinances and Compiled Laws; and, WHEREAS, on September 17, 2002, the 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; and, WHEREAS, on January 7, 2003, the Board adopted Ordinance No. 03-08 which provided for certain use and activities to be exempt from the noise level regulations set forth in Chapter 1-13.8; and WHEREAS, it is appropriate to amend Section 1-13.8-19 to correct a scrivenors error regarding the definition of "Night". NOW THEREFORE, BE IT ORDAINED bythe Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-13.8, NOISE CONTROL, OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-13.8-18 AS FOLLOWS: Section 1-13.8-18. Maximum permissible sound levels and vibration levels by use district. (1) 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) Struck il;rough words are deleted; underlined words are added. OR BOOK i829 PAGE 598 decibels for any minimum part of a 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) use 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, "Day" 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 (,:59 p.ni. 6:59 a.m. (b) 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) adjustment s, shall be a violation of this article. (c) Corrections for character of sound: 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 reduced by five decibels at sound-affected sites/units in residential use districts. 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. 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 Nig~ Center Frequency (Hertz) 31.5 57-59 52-54 63 57-59 52-54 125 54-56 49-51 250 50-52 45-47 500 46-48 41-43 1000 41-43 36-38 2000 37-39 32-34 4000 34-36 29-31 Day Nig~ Day Nig~ 64 59 64 59 64 59 64 59 61 56 61 56 57 52 57 52 53 48 53 48 48 43 48 43 44 39 44 39 41 36 41 36 words are deleted; underlined words are added. 2 OR BOOK 1829 PAGE 599 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 10-19Hz.0002.0004 20-29 Hz.0001.0002 30-39Hz.0001.0002 40-49 Hz.0001.0002 50 and Over. 0001.0002 words are deleted; underlined words are added. OR BOOK 1829 PAGE 600 TABLE 3 APPLICABLE VIBRATION LIMITS COMMERCIAL TO RESIDENTIAL AND INDUSTRIAL TO RESIDENTIAL Frequency Permitted Level Rate of Vibrational Strokes Greater than Less than 100/Min 100/Min Lessthan 10 HZ.0004.0008 10-19 Hz.0002.0004 20-29 Hz.0001.0002 30-39Hz.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 B. 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. PART C. 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 words are deleted; underlined words are added. 4 OR BOOK 182~ PAGE to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART D. APPLICABILITY OF ORDINANCE This ordinance shall be applicable in the unincorporated areas of St. Lucie County. PART E. 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 F. EFFECTIVE DATE This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Cliff Barnes. Vice Chairman Paula Lewis Commissioner Doug Coward Commissioner John D. Bruhn Commissioner Frannie Hutchinson AYE AYE AYE AYE AYE PART H. CODIFICATION 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 sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to H shall not be codified. .¢ ..... , PASSED AND DULY ADOPTED this I L[;hday of OC )C'~e,¢..,i~-. . ............ ~. words ~e deleted; underlined words are added. .- "~ 5 182~ PAGE 602 APPROVED AS TO FORM AND COUNTY ATTO~ Struck through words are deleted; underlined words are added. 6