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O-2015-79 CITY OF CLERMONT ORDINANCE No. 2015-79 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 34 ENVIRONMENT, SECTION 34-31 LOUD, DISTURBING AND UNNECESSARY; ENUMERATION; SECTION 34-32 BUSINESS NOISES ADJACENT TO RESIDENTIAL SECTIONS OF THE CITY;SECTION 34-33 MAINTAINING NOISY PREMISES; AND ADDING TO CHAPTER 34 ENVIRONMENT; SECTION 34-34 FINDINGS OF FACT; SECTION 34-35 PROHIBITED ACTS;SECTION 34-36 MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS;SECTION 34-37 SOUND MEASUREMENT;SECTION 34- 38 EXCEPTIONS; SECTION 34-39 CONFLICTS IN RESTRICTIVE STANDARD; SECTION 34-40 ENFORCEMENT; SECTION 34-41 OTHER REMEDIES;SECTION 34-42 LIABILITY OF ENFORCEMENT OFFICER; SECTION 34-43 ADMINISTRATION;SECTION 34-44 MEASUREMENT OF NOISE;PROVIDING FOR CODIFICATION;SEVERABILITY;EFFECTIVE DATE; AND PUBLICATION. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on November 3,2015 and following such hearing found this Ordinance to be in the best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS,the City Council of the City of Clermont desires to amend Chapter 122 Zoning, of the City of Clermont's Code of Ordinances; NOW, THEREFORE,BE IT ORDAINED by the City Council of the City of Clermont, Florida as follows: SECTION 1. The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read as follows: 1 CITY OF CLERMONT ORDINANCE No. 2015-79 CHAPTER 34 ENVIRONMENT ARTICLE II NOISE Section 34-31 Scope This Article shall be effective throughout the City Limits. Section 34-32 Purpose The purpose of this Article is to prevent and prohibit excessive and unnecessary noise and provide for the abatement of excessive and unnecessary noise in order to protect the health, safety and general welfare of people in the City and to restrict excessive unnecessary noise throughout the City. Section 34-33 Terminology, Standards and Defmitions (a) Terminology and standards. All technical acoustical terminology and standards used in this article which are not defined in subsection (b) of this section shall be read or construed in conformance with applicable publications of the Amencan National Standards Institute,Inc.(ANSI),or its successor body. (b) Definitions The following words,terms and phrases,when used in this article, shall have the meanings ascnbed to them in this section, except where the context clearly indicates a different meaning: A-weighted sound pressure level means the sound pressure level,in decibels,as measured on a sound level meter using the A-weighting network.The level so read shall be designated as db(A) or dBA. Ambient noise level means the sound pressure level of the all-encompassing noise emanating from a given environment, usually being a composite of sounds from many sources. Amplified sound equipment means electronic or other equipment that projects or transmits music, sound waves, vibration or speech, including but not limited to, a loudspeaker, megaphone, amplifier or public address system. Commercial use means uses allowed under the zoning designations of C-1, C-2, and M-1. Construction means any site preparation,assembly,erection,substantial repair,alteration,or similar action, for or on public or private thoroughfares, structures, utilities or similar property. 2 CITY OF CLERMONT ORDINANCE No. 2015-79 Decibel or dB means a unit for measuring the volume of sound; it is a logarithmic (dimensionless) unit of measure used in describing the amplitude of sound. Demolition means any dismantling, destructing, razing or removal of structures, utilities, public or private thoroughfare surfaces, or similar property. Device means a mechanism which is intended to produce or which actually produces noise when operated or handled. Emergency means any occurrence or circumstance involving actual or imminent physical death or trauma or property damage, demanding immediate emergency work or service. It shall be the burden of the alleged violator to prove the "emergency". Emergency vehicle means a motor vehicle,boat or aircraft used in response to an emergency. Such vehicles include,but are not limited to, police vehicles, fire and rescue vehicles, and ambulances. Fluctuating noise means the sound pressure level of noise varying more than six dB(A) during the period of observation when measured with the slow meter characteristic of a sound level meter. It does not equal the previously existing ambient noise level more than once during the period of observation. Impulsive sound means a sound of short duration,usually less than one second and of high intensity, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, the barking of dogs, and the beating of drums. Industrial use means uses allowed under the zoning designation M-1. Level, day-night(Ldn)means a 24-hour average of the A-weighted sound pressure level,with the levels during the period of 10:00pm to 7:00am increased by ten dB(A)before averaging Motor vehicle means any vehicle defined as a motor vehicle by F.S. § 320.01(1); including but not limited to,passenger cars,trucks,truck trailers, semitrailers, campers,motorcycles, minibikes, go-carts, amphibious craft on land,dune buggies, and racing vehicles which are propelled by mechanical power. Motorboat means any vehicle which is primarily operated on water or which does operate on water, such as boats, barges, amphibious craft, or hover craft, and which is propelled by mechanical power. Muffler means any apparatus consisting ofbaffles,chambers,or acoustical absorbing material whose primary purpose is to transmit liquids or gases while causing a reduction in sound emission at one end. 3 CITY OF CLERMONT ORDINANCE No. 2015-79 Multifamily residential dwelling means a building designed or used exclusively for residential occupancy by two or more families. Multifamily residential dwelling unit means the portion of a multifamily residential dwelling designed or used exclusively for residential occupancy by only one family. Noise means any sound produced in such quantity and for such duration that it annoys, disturbs, endangers or injures the comfort, repose, health, peace, or safety of a reasonably prudent person of ordinary sensibilities,and also includes sounds at or above decibel levels as specifically prohibited by this Article. Noise-sensitive zone means a quiet zone which is open or in session,and which is demarcated by conspicuous signs identifying it as a quiet zone.Noise-sensitive zones may be established only for schools,public libraries,churches,hospitals,and nursing homes.These zones are to be established as approved by the City Council. Office use means uses allowed under the zoning designation 0-1. Period of observation means the time interval during which acoustical data and facts are obtained. Person means any natural person, individual, association, partnership, corporation, municipality,governmental agency,business trust,estate,trust,two or more persons having a joint or common interest or any other legal entity and includes any officer, employee, department,agency or instrumentality of the United States,a state or any political subdivision of a state or any other entity whatsoever or any combination of such,jointly or severally. Police department means the City Police Department and each officer thereof. Powered model vehicles means any powered vehicles, either airborne, waterborne or landborne, which are designed not to carry persons or property, such as,but not limited to, model airplanes,boats, cars, rockets, and which are being propelled by mechanical means. Property line means an imaginary line along the surface of land or water, and its vertical plane extension, which separates the real property owned, rented or leased by one person from the real property owned, rented or leased by another person. Public right-of-way means any street,avenue,boulevard,highway,sidewalk,alley,or similar place normally accessible to the public which is owned or controlled by the city,county,state or federal government. 4 CITY OF CLERMONT ORDINANCE No. 2015-79 Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches.For the purposes of measurement,a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz. Receiving land use means the use of the land which is receiving the sound or noise as designated by the City of Clermont Zoning Map; and for recently incorporated areas, the effective zoning category. Residential use means uses allowed under a zoning designation of UE,R-1A,R-1,R-2,R-3, R-3A, and Planned Unit Development. RMS sound pressure means the square root of the time averaged square of the sound pressure. Single-family residential dwelling means a detached dwelling containing complete housekeeping facilities for only one family, designed for or occupied exclusively by one family for usual domestic purposes, and having no enclosed space or cooking facilities or sanitary facilities in common with any other dwelling. Single-family residential dwelling lot means the parcel of land upon which a single-family residential dwelling is located. Sound means an oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. Sound level means the weighted sound pressure level obtained by the use of a metering characteristic and weighting A,B,or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971), or successor publications. If the weighting employed is not indicated, the A-weighting shall apply. Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager,output meter, and weighting network used to measure sound pressure levels.The output meter reads sound pressure level when properly calibrated. The instrument is of type 2 or better, as specified in the Amencan National Standards Institute publication entitled "Specifications for Sound-Level Meters," designated as ANSI SI.4-1971, or successor publication. Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. 5 CITY OF CLERMONT ORDINANCE No. 2015-79 Sound pressure level means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per meter squared. The sound pressure level is denoted Lp or SPL and is expressed in decibels. Steady noise means a sound pressure level which remains essentially constant during the period of observation, i.e., the fluctuations are too small to meet the criteria for fluctuating noise. Section 34-34 Findings of Fact (a) Excessive and unnecessary noise interferes with the quality of life and the health,safety and general welfare of the public. (b) In particular,excessive and unnecessary noise can and does cause adverse psychological and physiological effects in humans,inefficiency,accidents and other undesirable and dangerous conditions. (c) A substantial body of science and technology exists by which noise may be measured and substantially abated. Section 34-35 Prohibited Acts (a) It shall be unlawful for any person to produce,cause to be produced,allow to be produced or project,by any means,any sound or noise across a property line in such manner as to create a sound level which exceeds the limits set forth for the receiving land use listed in Section 34- 36 when measured at or within the property line of the receiving property. For any activity or use of land or buildings not expressly listed in the zoning districts in the City, the City Council, upon notice to the owner or occupant of the property producing sound, may determine the category of use under this article for which the activity or use is to be considered. Notwithstanding the foregoing, the existence of a noise which relates to the receiving land use listed in section 34-40 may be determined by the City's Law Enforcement Officers, Code Enforcement Officers, Code Inspectors, and/or their agents pursuant to Section 34-40(a)(1). (b) Notwithstanding any violation of subsection(a)above,the following specific uses,activities and circumstances are declared to be in violation of this article: (1) Radios, television sets, exterior loudspeakers, musical instruments, and similar devices Operating or permitting the use or operation of any radio receiving set, exterior loudspeaker,amplified sound equipment,musical instrument,phonograph, television set,or other machine or device for the production or reproduction of sound in such a manner as to create a noise across the boundary of the property, including, without limitation,public and private rights-of-way from which the noise originates. In addition to the preceding,radios,cassette players,disk players and similar devices 6 1 CITY OF CLERMONT ORDINANCE No. 2015-79 associated with motor vehicles or motorboats, shall not be operated or amplified in such a manner as to be felt or clearly heard at 25 feet or more from such device,when operated or parked on a public or private right-of-way or public or private space. In determining whether such devices may be clearly heard, the city's law enforcement off cers,code enforcement officers,code inspectors,and/or their agents must utilize their normal auditory senses without any enhancements or hearing aids. Particular words or phrases or the name of any song or artist are not required to be identified. The detection of a rhythmic bass reverberating sound shall be sufficient to determine if a violation has occurred. To the extent that the Florida Uniform Traffic Control Law provisions regulate noise originating from within public or private rights of way, those provisions shall apply where currently existing or as amended. (2) Construction equipment and activity. Operating or causing to be operated any equipment or performing any outside activity in furtherance of construction,repair, alteration or demolition work on buildings, structures, roads, or projects within the city except between the hours of 7:00am and 9:00pm Monday through Friday and between the hours of 9:00am and 9:00pm on Saturday,excluding all legal,state,and nationally recognized holidays.A variance may be obtained as set forth in this Article from the City for such construction or repair work outside of such hours. (3) Engine mufflers. Operation of any internal combustion engine, including but not limited to ari engine associated with a motor boat,or motor vehicle without a muffler or other effective sound-dampening device which functions as designed by the manufacturer muffler or other effective sound-dampening_device, which prevents loud or explosive noise therefrom. (4) _Motor vehicle, motorcycle or motorboat repair in residential areas. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle, or motorboat within or abutting any residential land use designation in such a manner as to create noise across the boundary of the property, including without limitation, public and private rights-of-way from which the noise originated between the hours of 9:00pm and 7:OOam! (5) Activities in;the vicinity of schools, courts, churches, and hospitals. Creating sound on any street adjacent to any school, court, church, or hospital which sound constitutes a noise as perceived from the interior of such institution. (6) Peddlers, hawkers, or vendors. It shall be unlawful for peddlers,hawkers,or vendors to shout or cry along or on a roadway in such a manner as to create noise on property outside the right-of-way. I 7 it CITY OF CLERMONT • ORDINANCE No. 2015-79 (7) Drums, cymbals, and amplified sound equipment. Creating,making,or maintaining any sound l y the use of any drum, cymbals, amplified sound equipment, or other similar instruments in the city for the purpose of attracting attention to ,any performanc , show, sale, or display of merchandise, or place of business so that a noise is projected across the boundary of the property from which the noise originates. 1 (8) Bells or sirens on vehicles. Using, in connection with an unauthonzed vehicle, any bell or siren similar to that used on ambulances or vehicles of the police, fire departments, and other public safety agencies. (9) Skateboard ramps. Using ,any skateboard ramp or similar configuration for skateboarding or rollerblading between 9:00 p.m. and 7:00 a.m. in a residential land use designation in a manner that results in noise across the boundary of the property from which'the noise originates: (10) Air blow or vacuum cleaners. Operating any air-blow or vacuum cleaning equipment or similar devices for the cleaning of parking lots, walkways, dnveways, or similar areas'between the hours of 9:00pm and 7:00am that results in noise across the boundary of the property from which the noise originates. (11) Places of public entertainment. It shall be unlawful for any public entertainment establishment or person associated with or working for said establishment to operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument,sound amplifier,or similar device between the hours of 11:00pm and 7:00am'in such a manner as to create a noise across the boundary of the property from_whichithe noise originates. (12) Landscape maintenance. Undertaking landscape maintenance activities in such a manner as to create noise across the boundary of the property from which the noise originates between the hours of 9:00pm and 7:00am. Golf courses engaged in the regular maintenance of greens, fairways, practice areas, etc. are exempt from this provision. -1 (13) Powered model vehicles. Operating or permitting the operation of powered model vehicles in such a manner as-to create noise across the boundary of the property from which the noise onginates between the hours of 9:00pm and 7:00am. (14) Animal noises It shall be unlawful for the owner or custodian of any animal to permit such animal to habitually bark, whine, howl, squawk, screech, bray, crow or cause any other noise which constitutes a noise experienced across the boundary of the property from which the noise originates. 8 CITY OF CLERMONT ORDINANCE No. 2015-79 (15) Loading docks. It shall be unlawful for any commercial or industrial establishment to engage in any loading or unloading of equipment or merchandise from a vehicle between the hours of 9:00pm and 7:00am where such activity results in a noise being generated across the boundary of the property from which the noise originates onto property occupied for residential purposes. (16) Activities within the vicinity of sleeping quarters. Actions or activities between the hours of 11:00pm and 7:00am resulting in transmission of a sound across the boundary line of the property where the actions or activities occurs such that the sound constitutes a noise as perceived from within the interior of a building used for residential or lodging purposes. Section 34-36 Maximum Permissible Sound Level Limits fAl The following applicable sound level limits are established for the following applicable times when measured at or within the property lines of the following applicable receiving land use categories: Receiving Land Use Designation Time Sound Level Limit (dBA) Single-family residential dwelling lot,parcel,or area;any other lot,parcel 7:00 a.m.— or area zoned for residential use except a multifamily residential dwelling 9:00 p.m.60 unit; any noise-sensitive zone 9:00 p.m.-55 7:00 a.m. 7:00 a.m.— Multifamily residential dwelling unit 9:00 p.m.55 9:00 p.m.-45 7:00 a.m. 7:00 a.m.— Lot,parcel or area zoned for office use 9:00 p.m.75 9:00 p.m.—70 7:00 a.m. 7:00 a.m.- 9:00 p.m.75 Commercial other than office use 9:00 p.m.-70 7:00 a.m. 7:00 a.m.- 9:00 p.m. Industrial 9:00 p.m -75 7:00 a.m. 70 CITY OF CLERMONT ORDINANCE No. 2015-79 7:00 a.m.— Agricultural 9:00 p.m.75 9:00 p.m.-70 7:00 a.m. (b) Any source of sound which emits a pure tone or is characterized as an impulsive sound will reduce by five dBA the sound level limits set forth in subsection (a) of this section. (c) To the extent other sections of this Article allow sounds at levels that exceed the sound level limits and times specified in the above chart, the other sections of this Article control. Section 34-37 Sound Measurement Except as may otherwise be provided in Section 34-35(b), sound measurements taken under this Article shall be made with a sound level meter.Recorded measurement shall be taken so as to secure and ensure an accurate representation of the sound.All penods of observation made hereunder shall be determined with regard to the character of the noise being measured and the particular instrument used to make the measurement. Section 34-38 Exceptions (a) The following noise and sounds are exempt from this article: (1) Noise and sounds caused by or related to emergency vehicles, equipment, and personnel during emergencies, which shall be deemed to include all work made necessary by an emergency to restore property to a safe condition, all work made necessary by an emergency to restore public utility service and all work made necessary by an emergency to protect persons or property from imminent injury, death, or substantial harm. (2) Noise and sounds produced by city, county, state, and federal government vehicles, equipment and personnel during the pursuit of official duties of the respective governments, including but not limited to public works construction and maintenance, authorized safety signals, warning devices and emergency testing. (3) Noise and sounds produced by public utility vehicles, equipment and personnel during the pursuit of the public duty of such public utility. (4) Noise and sounds produced by activities or events approved by the City Council where the person responsible for such activities or events obtains the City Council's approval after such person clearly and expressly has advised the City Council that the noise or sounds associated with the activities or events would be in violation of this Article but for this exemption. 10 CITY OF CLERMONT ORDINANCE No. 2015-79 (5) Noise and sounds produced between the hours of 7:00am and 9:00pm by the mowing of grass; the operation of other yard maintenance equipment; the construction of properly permitted buildings,structures and other improvements;and the operation of farm equipment during farming activities. (6) Railway locomotives and railway cars. (7) Aircraft and airport activity conducted in accordance with federal laws and regulations. (8) Motor vehicles operating on a public right-of-way subject to Florida Statutes Section 316.293 or other provisions of the Florida Uniform Traffic Control Law that regulate noise and sounds originating from within public or private right-of-way where currently existing or as amended. _ (9) Organized athletic contests. (10) Noise and sounds produced from churches between the hours of 7:00am and 10:00pm. (11) Community events, such as fairs,school activities,community festivals and the like which do not extend their activities beyond 11:00pm or commence before 7:00am. Any community activity which extends beyond 11:00pm or commences before 7:00am and would otherwise violate this Article must apply for and receive prior approval from the City. (12) Noise and sounds produced by an electrical generator during a time period in which regular electrical utility service is temporanly unavailable to the property upon which the generator is located. (13) Noise and sound associated with uses or activities for which a Variance has been obtained from the City approving such noises and sounds contrary to the restrictions of this Article. (b) To the extent any portion of this Article covers a matter covered by Florida Statutes Section 403.415,the Flonda Motor Vehicle Noise Prevention and Control Act of 1974,or any other provisions of the Florida Uniform Traffic Control Law,the provisions of this Article covered by such act or law shall be of no effect. For matters not covered by the act or law, all of the sections of this Article are in full force and effect. Additionally, any violation of such act within the City shall be a violation of this Article, and such violation may be penalized and such act may be enforced through the enforcement provisions of this Article and this Code. 11 CITY OF CLERMONT ORDINANCE No. 2015-79 Section 34-39 Conflicts in Restrictive Standard If this Article and Section 34-44 provide for different maximum noise levels, the more restrictive maximum level shall apply. If the noise levels; maximum sound pressure level, in Section 34-44 cannot be enforced or measurement of such levels is difficult,unduly burdensome or impossible,the sound level limits in this Article shall control. Section 34-40 Enforcement (a) Determination of violations. The City's Law Enforcement Officers,the City Manager,Code Enforcement Officers, Code Inspectors, and their agents are empowered to investigate any situation where a person is alleged to be violating Section 34-35, Section 34-36 or the terms of any Vanance.These individuals shall have authority to issue citations for all violations of this Article.If any of these individuals encounters a circumstance which reasonably indicates that a person is violating a provision of Section 34-35 or 34-36,the following standards shall apply depending upon the provision alleged to have been violated: (1) Violations of Section 34-35(a). If a violation of Section 34-35(a)is alleged, a sound level pressure test may be utilized to establish the violation. The City may; through agreement with other local governments or other entities, provide for the measurement of sound and noise and for the performance of sound level pressure tests and other matters as such may be used in the enforcement of this Article and the enforcement of Section 34-44.Additionally,the City's Law Enforcement Officers,the City Manager,Code Enforcement Officers,Code Inspectors,and/or their agents,may assess whether a particular sound constitutes a noise as to the receiving land use listed in Section 34-36. In assessing whether a noise has been or is continuing to be created,the investigating agent shall investigate the matter and be entitled to rely on his or her observations, witness statements, and any other evidence available. In determining whether a sound constitutes a noise, the investigating agent shall objectively evaluate the alleged noise by considering several environmental and contextual factors, including,but not limited to, the criteria set forth in Section 34- 40(a)(2)(i)—(ix), inclusive. (2) Violations of Section 34-34(b). If a violation of Section 34-34(b)is alleged,then the City's Law Enforcement Officers, the City Manager, Code Enforcement Officers, Code Inspectors, and/or their agents, in assessing whether a noise has been or is continuing to be created shall investigate the matter and be entitled to rely on their observations, witness statements, and any other evidence available. In determining whether a sound constitutes a noise,the investigating agent shall objectively evaluate the alleged noise by considering several environmental and contextual factors, including, but not limited to, the following: 12 CITY OF CLERMONT ORDINANCE No. 2015-79 (i) The intensity of the alleged noise. (ii) The duration of the alleged noise. (Ili) The relationship of the alleged noise to the intensity of background or ambient sounds, if any. (iv) The uses permitted within the zoning district in which the alleged noise emanates or emanated and the uses permitted within zoning distncts that lie within 500 feet of the source of the alleged noise. (v) The time of the day or night at which the alleged noise occurs. (vi) The proximity of the alleged noise to facilities customarily utilized for sleeping purposes. (vii) Whether the alleged noise is continuous or impulsive. (viii) The existence of additional complaints concerning the alleged noise from additional persons who claim to be affected by the alleged noise. (ix) Whether the alleged noise is due to natural occurrences or human-made activities. (b) Enforcement. In the event that a violation of this article has occurred or is occurring,the City shall have the nght to one or more of the following remedies or actions: (1) Code enforcement proceedings The City may initiate a code enforcement proceeding against the person(s) or entities in violation and/or the property owner of the real property where the violation occurs.A violation of this article may be prosecuted as a violation of an itinerant or transient nature and one that is irreparable and irreversible. (2) Civil citation A civil citation may be issued against the person(s) or entities in violation as set forth in Section 34-61 of the Clermont Code of Ordinances. The City's Law Enforcement Officers or Code Enforcement Officers are authorized to issue notices to appear to the violator(s). (3) Criminal penalty. The City may prosecute the violator for a criminal misdemeanor punishable by a fine not exceeding$500.00 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment in the discretion of the court. 13 CITY OF CLERMONT ORDINANCE No. 2015-79 (4) Other remedies. The City may institute any appropriate action at law or in equity to bnng about compliance or remedy,including but not limited to,instituting an action in court to enjoin violating actions, in which case the violating person(s) or entity shall be liable to the City for reimbursement of the City's attorneys' fees and costs concerning such action. Section 34-41 Other Remedies The City Council or any substantially affected person may bring suit in the Circuit Court of the county to restrain,enjoin,or otherwise prevent the violation of this Article.Nothing contained in this Article shall prevent or restrict the City from taking such other lawful actions in any court of competent jurisdiction as is necessary to prevent or remedy any violation or situation of non- compliance. Such other lawful actions may include,but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this article shall be cumulative and independently available. Section 34-42 Liability of Enforcement Officer The Police Department,the Environmental Protection Officer,the City and their agents are immune from prosecution,civil or criminal,for reasonable,good faith trespass upon private property while in the discharge of duties under this Article. Section 34-43 Administration The City Council may adopt such ordinances as are necessary to effectively administer this Article. (a) Exemptions for pre-approved city events or activities: (1) It shall not be a violation of Section 34-34(a)or Section 34-34(b)if the noise at issue relates to or is produced as a result of pre-approved City events or activities. Such exemptions include, but are not limited to, activities and events sponsored by, conducted by, or permitted by the City. Section 34-44 Measurement of Noise (a) Method of measurement. For the purpose of this Chapter, sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds,Z24.3-1944,American Standards Association,Inc.,New York,and Amencan Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc.,New York, New York). 14 CITY OF CLERMONT ORDINANCE No. 2015-79 (b) Locational requirement for measurement. Sound levels shall be measured along the boundaries of the site. (c) Permitted sound levels Permitted sound levels shall be as follows: MAXIMUM SOUND PRESSURE LEVEL (in decibels 0.0002 dyne per square centimeter) Along Along Octave Band Commercial '(cycles per Residential and Industrial second) District District Boundaries Boundaries 10-75 69 79 75-150 54 74 150-300 147 66 1300 600 141 59 1600-1,200 37 53 1,200-2,400 34 147 ,400_,800 31 141 Above 4,800 128 139 (d) Applicability of standards. These,standards shall apply to all noises, due to intermittence, beat frequency or shrillness. SECTION 3. If any portion of this Ordinance is declared invalid,the invalidated portion shall be severed from the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force and effect as if enacted without-the invalidated portion,except in cases where such continued validity of the remainder would clearly and without doubt contradict or frustrate the intent of the Ordinance as a whole. 15 CITY OF CLERMONT ORDINANCE No. 2015-79 SECTION 4. All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 5. The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such editorial license. SECTION 6. This Ordinance shall be published as provided by law and it shall become law and shall take effect February 1, 2016. 16 CITY OF CLERMONT ORDINANCE No. 2015-79 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 8th day of December, 2015. " A , , ` ' ,��;, .�, ,,; :.aj.>,w���;��•,, CITY OF CLERMONT ,afj- e aii.... t,, V - ', . Gail L. Ash, Mayor 1, ., ATTES.T;;;;:c; �k,, t 911 iFILP, , //, -',i , / 4 / Tracy Ac pyo, ity." erk Appro ed as to fo land legality: ‘1111911111111 "417K.-. . ris - e Y 1