§ 94.05. Exemptions.

The following uses and activities shall be exempt from the noise regulations of this chapter:

(a)

Noises of safety signals, warning devices, and emergency pressure relief valves.

(b)

Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency.

(c)

Noises resulting from emergency work.

(d)

Noise resulting from the operation of any type of aircraft, not including a power model vehicle.

(e)

Noise resulting from the operation of any motor vehicle as specified in F.S. chs. 316 and 403.

(f)

Noise resulting from the operation of the following facilities existing and in operation on the effective date of this chapter (i.e., July 18, 1991):

(1)

Electricity regulating substations.

(2)

Electric generation plants.

(3)

Other electric utilities.

(4)

Gas pressure control stations.

(5)

Gas production plants.

(6)

Natural or manufactured gas storage and distribution points.

(7)

Other gas utilities.

(8)

Pipeline pressure control stations.

(9)

Railroad, rapid rail transit, and street railway transportation.

(10)

Industrial wastewater disposal.

(11)

Sewage disposal.

(12)

Sewage pressure control stations.

(13)

Sewage treatment plants.

(14)

Sewage sludge drying beds.

(15)

Water utilities and irrigation.

(16)

Solid waste disposal.

(g)

Noise resulting from agricultural activities in districts zoned therefor.

(h)

Noise resulting from any authorized law enforcement and firefighting training activities.

(i)

Noise resulting from the activities of any permitted use, conditional use or accessory use permitted in land use categories zoned for industrial activities existing and in operation on the effective date of this chapter (i.e., July 18, 1991).

(j)

Noise resulting from the temporary operation of equipment or activities relating to normal maintenance of residential or commercial uses, between the hours of 7:00 a.m. and 10:00 p.m. including, but not limited to the following activities: lawn mowing; maintenance of trees, hedges, and gardens; refuse collection; soil cultivation; and pavement sweeping and cleaning.

(k)

Noise resulting from church bells and chimes.

(l)

Noise resulting from the operation of any mining activities under a permit issued by the city; provided, however, that the time of such mining activities shall be limited to the time set forth in the permit. For any violation of the terms of the permit, the permit holder and the violator shall be jointly and severally liable.

(m)

Noise resulting from the operation of railways and shipping activities.

(n)

Noise resulting from construction activities occurring between 7:00 a.m. and sundown. The exemption shall be effective upon obtaining a building permit and shall pertain to any construction activity directly related to the construction authorized under the permit. A special permit issued pursuant to section 94.07 shall be required for the generation of noise resulting from construction activities between sundown and 7:00 a.m. For any violation of the terms of the special permit, the permit holder and the violator shall be jointly and severally liable.

(o)

Noise resulting from the maintenance and specialized repair operations in parks between sundown and 7:00 a.m. as authorized by the park superintendent.

(p)

Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the city in accordance with section 94.07.

(Ord. 91-43, passed 7-8-91)

Cross reference

Penalty, see section 94.99.