HomeMy WebLinkAbout23-011 1 ORDINANCE NO. 2023-011
2 AN ORDINANCE AMENDING ARTICLE V "NOISE CONTROL" OF
3 CHAPTER 28 "OFFENSES AND MISCELLANEOUS PROVISIONS" OF
4 THE ST. LUCIE CODE; AMENDING SECTION 28-108
5 "TERMINOLOGY, STANDARDS, AND DEFINITIONS TO INCLUDE
6 DEFINITIONS OF "CLOSED-COURSE MOTORSPORT FACILITY",
7 "MOTOR VEHICLE," "MOTORCYCLE," "SOUND" AND "VEHICLE;"
8 AMENDING SECTION 28-111 "EXEMPTIONS"TO ADD CLARIFYING
9 LANGUAGE TO EXISTING EXEMPTIONS PERTAINING TO
10 EXEMPTING THE DRIVER OF AN AUTHORIZED LAW o
11 ENFORCEMENT VEHICLE, WHEN CONDUCTING A NON- u o
12 EMERGENCY ESCORT TO WARN THE PUBLIC OF AN APPROACHING T
13 MOTORCADE; FURTHER EXEMPTING ANY VEHICLE ENGAGED IN A
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14 PROFESSIONAL OR AMATEUR SANCTIONED, COMPETITIVE a A e
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15 SPORTS EVENT FOR WHICH ADMISSION OR ENTRY FEE IS d 0,-
16 CHARGED, OR PRACTICE OR TIME TRIALS FOR SUCH EVENT, AND w z g a r-
17 ANY VEHICLES OPERATING WITHIN THE CONFINES OF A CLOSED- £0 8
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18 COURSE MOTORSPORTS TRACK WITHIN A SPECIAL DISTRICT (SD) w z N q
19 FUTURE LAND USE DESIGNATION, WITH SPECIAL DISTRICT =zz_Jp$
20-- ---- REGULATORY STANDARDS; FURTHER EXEMPTING NOISE suSLL°�
21 RESULTING FROM ANY MOTOR VEHICLE ENGAGED IN A
22 MANUFACTURER'S ENGINEERING, DESIGN,OR EQUIPMENT TEST;
23 FURTHER EXEMPTING NOISE RESULTING FROM CONSTRUCTION
24 OR AGRICULTURAL EQUIPMENT EITHER ON A JOB SITE OR
25 TRAVELING ON THE HIGHWAYS; FURTHER EXEMPTING NOISE
26 RESULTING FROM THE OPERATION OF ANY MINING ACTIVITIES
27 WITH AN APPROVED MINING PERMIT EXEMPTION; PROVIDING
28 FOR CONFLICTING PROVISIONS, SEVERABILITY AND
29 APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT
30 OF STATE; PROVIDING FOR ADOPTION AND CODIFICATION AND
31 AN EFFECTIVE DATE.
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33 WHEREAS,the Board of County Commissioners of St. Lucie County, Florida has made the
34 following determinations:
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36 1. On February 2, 1988, this Board adopted Ordinance No. 88-20 which created a
37 Noise Control ordinance; and
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39 2. On September 17, 2002, this Board adopted Ordinance 02-16 which provided for
40 sound measurement based upon octave bands rather than decibel levels and established
41 maximum permissible vibration levels for the unincorporated areas of the County; and
1 3. On January 7, 2003, this Board adopted Ordinance No. 03-08 which provided for
2 certain use and activities to be exempt from the noise level regulations; and
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4 4. On December 5, 2006, this Board adopted Ordinance No. 06-021 to more
5 accurately reflect the noise conditions in the County.
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7 5. The Florida Legislature has established and updated statutory provisions related
8 to motor vehicle noise; including but not limited to, the operation of vehicles upon all state-
9 maintained highways, county -maintained highways, and municipal streets and alleys; the
10 operation of authorized emergency vehicles; and motor vehicles engaged in a professional or
11 amateur sanctioned, competitive sports.
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13 6. This Board has determined it is necessary in the interest of the health, safety and
14 welfare of the citizens of St. Lucie County to further amend the County's noise ordinance to add
15 definitions for clarity and to clarify the scope of exemptions to be consistent with state law.
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17 NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie
18 County, Florida:
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20 PART A. ARTICLE V, NOISE CONTROL, CHAPTER 28, OFFENSES AND MISCELLANEOUS
21 PROVISIONS, OF THE ST. LUCIE CODE IS HEREBY AMENDED AS FOLLOWS:
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23 Sec. 28-108. Terminology, standards, and definitions.
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25 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
26 in this section, except where the context clearly indicates a different meaning:
27 A -weighting means the electronic filtering in sound level meters that models human hearing frequency
28 sensitivity.
29 Background sound level means the total sound pressure level in the area of interest excluding the noise source
30 of interest.
31 Closed -course motorsport facility means a closed -course speedway or racetrack designed and intended for
32 motor vehicle competition exhibitions of speed or other forms of recreation involving the use of motor vehicles,
33 including motorcycles. (Section 549.09(1)(a), F.S.)
34 Commercial property means any property zoned for commercial purposes that is used primarily for the sale of
35 merchandise or goods, or for the performance of service, or for office or clerical work.
36 Construction means any site preparation, assembly, erection, repair, alteration or similar action, or demolition
37 of buildings or structures.
38 dBA means the A -weighted unit of sound pressure level.
39 Decibel (dB) means the unit of measurement for sound pressure level at a specified location.
40 Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or
41 property damage that demands immediate action.
42 Emergency work means any work or action performed for the purpose of preventing or alleviating the physical
43 trauma or property damage threatened or caused by an emergency or delivering essential services.
Impulsive sound means a sound having a duration of less than 1 s with an abrupt onset and rapid decay.
Industrial property means any property that is used primarily for manufacturing or processing.
3 legal holiday includes the following: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence
4 Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve and Christmas Day.
5 Mixed use building means a building in which both residential and commercial uses are permitted.
6 Motor vehicle means any vehicle which is self-propelled and any vehicle which is propelled by electric power
7 obtained from overhead trolley wires but not operated upon rails. (Section 403.415(3)(d), F.S.)
8 Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on
9 not more than three wheels in contact with the ground including an autocycle, as defined in s. 316.003, and
10 excluding a vehicle in which the operator is enclosed by a cabin unless it meets the requirements set forth by the
11 National Highway Traffic Safety Administration for a motorcycle. The term "motorcycle" does not include a tractor
12 or a moped. (Section 403.415(3)(e), F.S.)
13 Muffler means a sound -dissipative device or system for attenuating the sound of escaping gases of an internal
14 combustion engine.
15 Multifamily dwelling means any building or other shelter that has been divided into separate units to house
16 more than one family.
17 Noise means any sound that annoys or disturbs humans or causes or tends to cause an adverse psychological
18 or physiological effect on humans or that would unreasonably interfere with the enjoyment of life or property.
19 Octave band means all of the components in a sound spectrum whose frequencies are separated by an octave.
20 Real property line means the line, including its vertical extension that separates one parcel of real property
21 from another.
22 Residential property means any property on which people live and sleep.
23 Sound means energy, which is transmitted by pressure waves in air or other materials and is the objective
24 cause of the sensation of hearing. Commonly called "noise", if unwanted or a disturbance.
25 Sound level meter (SLM) means an instrument used to measure sound pressure levels conforming to Type 1 or
26 Type 2 standards as specified in the ANSI Standard 51.4-1983 or the latest version thereof.
27 Sound pressure level (SPL) means 20 multiplied by the logarithm, to the base of ten, of the measured sound
28 pressure divided by the sound pressure associated with the threshold of human hearing, in units of decibels.
29 Vehicle means any device in upon or by which any person or property is or may be transported or drawn upon
30 a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (Section
31 403.415(3)h), F.S.)
32 Weekday means any day, Monday through Friday, that is not a legal holiday.
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34 Sec. 28-111. Exemptions.
35 (a) The following uses and activities shall be exempt from noise level regulations:
36 (1) Noise of safety signals, warning devices, and emergency pressure relief valves.
37 (2) Noise resulting from any authorized emergency vehicles, when responding to an emergency call or acting
38 in time of emergency. This includes the driver of an authorized law enforcement vehicle, when
39 conducting a nonemergency escort to warn the public of an approaching motorcade.
40 (3) Noise resulting from emergency work as defined in section 28-108.
41 (4) Noise resulting from the operation of any type of aircraft, not including scale model aircraft.
1 (5) Noise resulting from the operation of any motor vehicle as specified in F.S.chs 316 and 403: Sections
2 316.293 and 403.415 F.S. including any motor vehicle engaged in a professional or amateur sanctioned,
3 competitive sports event for which admission or entry fee is charged or practice or time trials for such
4 event; and any vehicle operating within the confines of a closed -course motorsports track within a
5 Special District (SD) future land use designation with special district regulatory standards.
6 (6) Noise resulting from any motor vehicle engaged in a manufacturer's engineering, design, or equipment
7 test.
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(76) Noise resulting from the operation of the following facilities existing and in operation on the effective
date of the ordinance from which this chapter is derived:
a. Electricity regulating substations.
b. Electric generation plants.
C. Other electric utilities.
d. Gas pressure control stations.
e. Gas production plants.
f. Natural or manufactured gas storage and distribution points.
g. Other gas utilities.
h. Pipeline pressure control stations.
i. Railroad, rapid rail transit, and street railway transportation.
j. Industrial wastewater disposal.
k. Sewage disposal.
I. Sewage pressure control stations.
M. Sewage treatment plants.
n. Sewage sludge drying beds.
o. Water utilities and irrigation.
p. Solid waste disposal.
(8y) Noise 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 County
Land Development Code. Noise resulting from construction or agricultural equipment either on a job site
or traveling on the highways.
(99) Noise resulting from the operation of the engine of any boat on the waters of the unincorporated areas
of the county.
(109) Noise resulting from any authorized law enforcement and firefighting training activities, including, but
not limited to, sheriff department shooting range activities.
(110) Noise resulting from the activities of any permitted use, conditional use or accessory use permitted in
districts zoned industrial, light under Section 3.01.03(T) of the County Land Development Code,
industrial, heavy (IH) under Section 3.01.03(U) of the County Land Development Code, and industrial,
extraction (IX) under section 3.01.03(V) of the County Land Development Code, existing and in operation
on the effective date of the ordinance from which this chapter is derived.
(12-1) Noise resulting from the temporary operation of equipment or activities relating to normal lawn and/or
landscape maintenance of residential or commercial uses, from sunrise to sunset, including, but not
1 limited to, the following activities: lawn mowing, maintenance of trees, hedges, and gardens; soil
2 cultivation; and pavement sweeping and cleaning.
3 (13-2) Noise resulting from the operation of any mining activities under a permit issued pursuant to chapter
4 18, article III. The hours of operation shall be limited to the hours set forth in the permit or approved
5 permit exemption.
6 (143) Noise resulting from the operation of railways and shipping activities.
7 (154) Noise resulting from permitted construction activities occurring between 7:00 a.m. and sundown
8 pursuant to permits issued prior to December 6, 2006, and between 7:00 a.m. and 6:00 p.m. on
9 weekdays and 8:00 a.m. and 5:00 p.m. on Saturday for permitted construction activities pursuant to
10 permits issued on or after December 6, 2006. The exemption shall be effective upon obtaining a building
11 permit and shall pertain to any construction activity directly related to the construction authorized under
12 the permit. A special permit issued pursuant to section 28-112 shall be required for the generation of
13 noise resulting from construction activities outside the hours set forth above in this subsection. In the
14 event of an emergency, the building official may issue a special permit for extended hours pending
15 review of an application for a special permit pursuant to section 28-112. For any violation of the terms
16 of the special permit, the permit holder and the violator shall be jointly and severally liable.
17 (16-) Any other noise resulting from activities of temporary duration permitted by law and for which a license
18 or permit therefor has been granted by the board of county commissioners in accordance with section
19 28-112.
20 (176) Any noise resulting from golf course maintenance activities.
21 (b) Where an industrial or commercial use is established on property not adjacent to a residential use district and
22 the adjacent property subsequently becomes residential, the noise resulting from the operation of the pre-
23 existing industrial or commercial use which is projected into the residential use district shall be subject to the
24 permissible noise levels for industrial or commercial use districts, as appropriate.
25 (c) Where the noise levels for a pre-existing use are more restrictive than those for a subsequent use established
26 adjacent to the pre-existing use, the noise levels for the pre-existing use shall apply.
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28 PART B. CONFLICTING PROVISIONS.
29 Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
30 County, County ordinances and County resolutions, or parts thereof, in conflict with this
31 ordinance are hereby superseded by this ordinance to the extent of such conflict.
32 PART C. SEVERABILITY.
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34 If any portion of this ordinance is for any reason held or declared to be unconstitutional,
35 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
36 ordinance or any provision thereof shall be held to be inapplicable to any person, property, or
37 circumstance, such hold shall not affect its applicability to any other person, property, or
38 circumstance.
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PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
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PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of the ordinance to the
Bureau of Administrative Code and 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:
Commissioner Cathy Townsend, Chair
AYE
Commissioner Linda Bartz, Vice Chair
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Larry Leet
AYE
Commissioner Jamie Fowler
ABSENT
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie Code, 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 G shall not be codified.
PASSED AND DULY ADOPTED this 19th day September, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
C BY:
Deputy Clerk �® K0ip Chair
* � Z
m
r� y APPROVED S TO FORM A
`'F * CORRECTNE S-
BY:
County Attor , y
COO wE 11N-
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 6,2023
Michelle R. Miller
Clerk&Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce,FL 34982
Attn: Vera Smith
Dear Michelle Miller,
Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your
electronic copy of the St. Lucie County Ordinance No. 2023-011,which was filed in this office on October
5,2023.
Sincerely,
Anya Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270