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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 12. Health, Sanitation, Nuisances, And Minimum Property Maintenance Standards |
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Article II. Nuisances |
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Division 3. Noise Control |
| § 12-56. Findings of fact |
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Latest version.
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The following findings are incorporated herein and made a part hereof: (1) The making and creating of unreasonably loud, disturbing and unnecessary noise continues to occur with increasing frequency in conjunction with the ever-growing population and development of the City of Lake Wales. (2) Such noises are a detriment affecting the public health, safety and welfare of the citizens of the City of Lake Wales. (3) It is the purpose of this ordinance to prevent, prohibit and provide for the abatement of disturbing noise which may not be amenable to practical measurement by decibel measuring apparatus in order to protect the health, safety and general welfare of the residents of the City of Lake Wales. |
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(Code 1962, § 15-45; Ord. No. 2002-08, 5-21-02) |
| § 12-57. Authority |
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This division is enacted pursuant to Article 2, Section 7, of the Florida Constitution, which provides that adequate provision shall be made by law for the abatement of excessive and unnecessary noise, and under the Home Rule Powers Act, F.S. § 166.021. |
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(Code 1962, § 15-46; Ord. No. 2002-08, 5-21-02) |
| § 12-58. Noise disturbance—Defined. |
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As used in the division, a "noise disturbance" is any sound which is: (1) Unreasonably loud and disturbing; (2) Of such character, quantity, or duration as to be injurious to human or animal life, or property; (3) Of such character, quantity, or duration as to unreasonably interfere with the comfortable enjoyment of life or property; or (4) Of such character, quantity, or duration as to unreasonably interfere with the normal conduct of business. |
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(Ord. No. 95-13, § 3, 4-18-95; Ord. No. 2002-08, 5-21-02) |
| § 12-59. Prohibition of noise disturbance. |
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No person or legal entity, through its officers, agents or employees, shall make, maintain, or cause to be made or maintained a noise disturbance as defined in this division. The continuation of a noise disturbance upon one's property following notice of its existence to that person making, maintaining, or causing to be made or maintained a noise disturbance shall be deemed to continue with the permission of the property owner and/or lessee. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-60. Specific prohibitions. |
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The following specified acts and circumstances are hereby declared to constitute prohibited noise disturbances in violation of this division, provided, however, such enumeration is not and shall not be deemed to be exclusive, provided, further, that all other acts and circumstances meeting the definition of noise disturbance are likewise declared to be in violation of this division. (1) Radios, televisions, tape players, compact disc players, musical instruments and similar devices. Playing or permitting the playing or any radio, television, tape player, compact disc player, musical instrument or similar devise, whether or not amplified, in such a manner or with such a volume as to annoy or disturb the quiet, comfort and repose of a reasonable person in a dwelling, place of business, hotel or other place of residence. (2) Amplified human voice. Amplifying the human voice in such a manner or with such volume as to annoy or disturb the quiet, comfort, and repose of a reasonable person in any dwelling, place of business, hotel or other place of residence. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-61. Exemptions. |
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The provisions of this division, except for those specified prohibitions set forth hereinabove, shall not apply to the following sounds: (1) The unamplified human voice; (2) Railway locomotives or cars; (3) Household or farming tools, appliances and equipment meeting manufacturer's specifications as to sound, if applicable; (4) Aircraft and airport activity conducted in accordance with federal laws and regulations; (5) Maintenance of public service facilities; (6) Law enforcement activities, including training; (7) Authorized target shooting; (8) Emergency signals during emergencies; (9) Emergency signal testing; (10) Motor vehicles operating on a public right-of-way subject to F.S. § 316.293; (11) Refuse collection and mosquito fogging; (12) Operation of any regulated utility; (13) Ordinary and customary construction activities exempt from or for which the City of Lake Wales has issued a development permit, provided such activity occurs between 7:00 a.m. and 9:00 p.m.; (14) Organized athletic contests; (15) Sounds relating to and originating within any area zoned for commercial use; (16) Sounds relating to and originating within any area zoned for industrial use; (17) Sounds relating to and originating from legal, pre-existing, non-conforming commercial and industrial activities; (18) Boats and boating activities; (19) Emergency devises and vehicles used for the purpose of alerting persons of an emergency or the emission of sound in the performance of emergency work; (20) Lawful non-commercial public gatherings including, but not limited to, parades, festivals, and school functions; (21) Reasonable operation of equipment associated with the following activities between one-half (½) hour before sunrise and 10:00 p.m.: • Lawn care, soil cultivation; • Maintenance of trees, hedges and gardens, the use of lawn mowers, saws and tractors, tree trimming and limb clipping. These exemptions do not apply to the specific prohibitions set forth in section 12-60 above. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-62. Penalties. |
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A person who violates section 12-59 and section 12-60 as set forth hereinabove, shall be subject to prosecution in the name of the state in the same manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-63. Reserved. |
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| § 12-64. School-related activities. |
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All authorized school-related activities are exempt from the provisions of this division. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-65. Separate violations. |
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Each separate occurrence shall constitute a separate violation and shall be punishable as such hereunder. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-66. Other remedies. |
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The City of Lake Wales may bring suit in Circuit Court of Polk County to restrain, enjoin or otherwise prevent the violation of this division. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-67. Liberal, non-conflicting construction. |
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The provisions of this division shall be liberally construed such that its purpose is effectively rendered in the interest of the health, safety and welfare of the citizens and residents of the City of Lake Wales. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-68. Severability. |
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If any provision of this division or the application thereof is held invalid, such invalidity shall not affect the other provisions or application of this division which can be given effect without the invalid provisions or application, and to this end the provisions of this division are hereby declared severable. |
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(Ord. No. 2002-08, 5-21-02) |
| § 12-69. Repeal of ordinance in conflict. |
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All other ordinances of the City of Lake Wales, Florida, or portions thereof which conflict with this or any part of this division are hereby repealed. |
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(Ord. No. 2002-08, 5-21-02) |