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e-mail: police@mytreasureisland.org Non-emergency number: 727-547-4595 |
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Sec. 22-2. Discharge of Firearms.
It shall be unlawful for any person to discharge or fireany pistol, rifle, shotgun, revolver, or any other firearm or air gun or to discharge or shoot any crossbow, slingshot, bow and arrow or boomerang or to utilize any other similar weapon within the city except in defense of person or property.
This section shall not be construed to prohibit the discharge of such weapons in the operation of properly license shooting galleries.
(Code 1985, s16-2)
Sec. 22-8. Hitchhiking prohibited.
a) It shall be unlawful for any person, while upon, or in proximity to, any road so as to be visible from such road, to endeavor by words, gestures or otherwise, to beg, invite or solicit transportation in any motor vehicle not engaged in passenger carrying for hire in the city
(b) It shall also be unlawful for the driver of a vehicle to offer or give a ride to any person soliciting a ride upon, along or in the proximity of any road in the city.
Sec. 22-3. Restriction on sale and use of fireworks.
The city adopts the provisions of county Ordinance No 86-9 as and for the restriction of the sale and use of fireworks within the city; except fireworks displays within the city may be authorized by affirmative approval of the city commission at such times and under such circumstances as the City Commission shall approve.
(Code 1985, s 16-8)
Cross Reference – Fire Code, s 64-71 et seq.
Sec. 22-4. Trespassing on docks, wharfs or piers.
Whoever, without being authorized, licensed or invited, willfully enters upon or remains on, either personally or by having a boat, vessel or personal watercraft attached to, any private dock, wharf or pier as to which notice against entering or remaining is given, either by actual communication to the offender or by posting as described in this section, commits the offense of trespass on a dock, wharf or pier.
It shall be unlawful for any person to look into the windows or doors of any house, apartment or other residence of another person in the city in such a manner as would be likely to interfere with the occupant’s reasonable expectation of privacy and without the occupant’s express or implied consent.
(Code 1985, s 16-3)
(Sec. 22-9. Unlawful Exposure of Female Breasts.
(a) It shall be unlawful and an offense for any female to expose, exhibit, display or reveal her nude breast or breasts under any one or more of the following conditions:
(1) Except for the breast feeding of infants, while in or at any public place or in or at any place where other persons are present who may be offended or annoyed thereby,
(2) While performing any dance or other type of entertainment in or at any place, public or private, where other persons are present who may be offended or annoyed thereby:
(3) While serving any food or beverage in or at any place, public or private, where other persons are present who may be offended or annoyed thereby;
(4) In connection with any commercial enterprise, either in or at any place, public or private, where other persons are present who may be offended or annoyed thereby;
(5) In connection with any gratuitous endeavor carried out for the purpose of or in expectation of receiving any monetary reward, gift, tips or thing of value in or at any place, public or private, where other persons are present who may be offended or annoyed thereby.
(b) For the purpose of this section, the term “nude breast” shall mean the exposure, exhibition, display or revelation, continually or intermittently, of the nipple or the pigmented portion otherwise defined as the areola, or such portion of the female breast which common propriety requires to be customarily kept covered in the presence of others, including but not limited to the wearing of any costume or garment which by virtue of its construction or transparency of material exposes, exhibits, displays or reveals the nipple of the breast or the pigmented area adjacent thereto.
(c) Exposure of the female breast or breasts as described in subsection (b) of this section is declared to be obscene and, therefore, prohibited.
(d) It shall be unlawful and offense for any person to procure, counsel, aid or assist any female person in violating any of the provisions of subsection (a) of this section.
(Code 1985, s 16-7)
PEDDLERS AND SOLICITORS
ARTICLE I. IN GENERAL
Sec. 26-1 Solicitation and peddling prohibited on public streets and places, exception.
(a) No person shall canvass, hawk or solicit any business or trade or services, or sell or offer to sell, or solicit the purchase of any goods, wares or merchandise or any services or personal property of any nature whatsoever, or any improved or unimproved real estate or any interest therein, or carry on or transact any trade, occupation, profession or business in or upon any public sidewalk, street, right-of-way, parkway, beach, park, recreation area or center, building, dock, wharf, landing, parking area or lot, or any public easement, way or place in the city.
(b) No person shall stroll about or stand in or upon any public streets, sidewalks, buildings, properties, ways and places for the purpose of enticing, inducing or importuning any passerby or any other person, by word of mouth or gesture or by sign, card, circular, booklet, pamphlet, brochure, placard, handbill, or other printed or photographic advertising and commercial matter, to visit or enter any business of or commercial establishments, premises, buildings, offices, properties, subdivisions or subdivided lands, or land developments or promotions whatsoever for the purpose of viewing, examining, inspecting and purchasing any personal or real property, or any interest therein, of any nature whatsoever.
(c) The provisions of this section shall not apply to the distribution and sale of recognized newspapers regularly sold by the copy or by subscription or to the lawful distribution of religious, patriotic, charitable, civic or political matter, not otherwise in violation or any other ordinance of the city.
(d) The provisions of this section shall not apply to any act, conduct or operation under and authorized by any franchise, concession or license or lease agreement authorized by law or by any other ordinance of the city or especially granted by the city pursuant to and under the authority thereof, or to advertising, solicitation and sales by representatives, owners or operators of commercial boats holding commercial permits when confined to the area, lot, landing, berth, slip, pier or wharf owned, leased, rented or otherwise lawfully occupied by such commercial boat or boats and the owners or operators thereof and where not more than two persons shall solicit for any one commercial boat.
(Code 1985, s 17-1)
Peddlers and Solicitors (cont.)
Sec. 26-56. Required.
It shall be unlawful for any person in the city to solicit, take or canvass orders for future delivery of goods, wares and merchandise at retail or to peddle goods, wares or merchandise at retail without first procuring from the city manager or his designated agent a permit.
(Code 1985, s 17-16)
Sec. 26-116. Required.
It shall be unlawful to solicit money, funds, gratuities or subscriptions for oneself or for any charitable, benevolent, religious, relief, rescue, political or similar organization, association, corporation or society, or subscription to any magazine or publication of any such organization, association, corporation or society within the city without first procuring a written permit form the chief of police.
(Code 1985, s 17-30)
Sec. 50-36. Reports of bicycle sales.
(a) It shall be unlawful for any person who sells any new, used or secondhand bicycle to fail or refuse within ten days after the sale, to notify the police department of the sale of the bicycle and furnish the police department with the name and address of the purchaser of the bicycle, together with the description of the bicycle.
(b) The information shall be given before the ten days upon request of the police department in the course of an official investigation.
(c) The filing of a bicycle registration certificate as devised by the city manager in connection with the issuance of a license shall fulfill the requirement of this section.
(Code 1985, s 25-16)
(a) Reckless Use. It is unlawful to operate, manipulate or otherwise use a surfboard or similar device in a reckless manner. A person is guilty of reckless operation of a surfboard who operates same in willful or wanton disregard for the safety of persons or property without due regard, caution and circumspection, or in a manner as to endanger or likely to endanger, or injure any person.
(b) Colliding or Striking Against Persons. No person shall operate, manipulate or otherwise use a surfboard or similar device in such manner as to cause same to collide or strike against any person.
(Code 1985, s 20-18)
*Cross Reference – Dogs prohibited on beach, s 6-40.
State Law Reference – Tidal lands and bulkheads, F.S. s 253.12 et seq; boat registration and safety laws , F.S. s 327.01 et seq; certain saltwater fishing regulations preempted to the state, F.S. s 370.102; Coastal construction regulations, F.S. s 161.052; Recreation, F.S. ch. 418; beach and shore preservation, F. S. ch. 161.
Sec. 58-34. Regulations pertaining to recreational activities.
(a) It shall be unlawful for any person to swim, dive, jump in, bathe, float or to engage in spear fishing or skin diving in the waters contained within the city commonly known as John’s Pass and that portion of the Gulf of Mexico extending from the mean high water mark at the western termination of 127th Avenue westward into the Gulf of Mexico for a distance of 1,500 feet and extending from the mean high water mark at the eastern termination of 127th Avenue extending 1,500 feet eastward into the waters of Boca Ciega Bay.
(b) It shall be unlawful for any person to jump from, dive or swim from any bridge, or catwalk of any bridge or abutment thereto within the city.
(Code 1985, s 20-19)
Sec. 58-35. Fishing from Bridges or Abutments Prohibited.
It shall be unlawful for any person to fish from any bridge or abutment thereto within the city.
(Code 1985, s 20-20)
Sec. 58-36. Throwing missiles prohibited.
No person shall throw any stones or missiles on easements or public beaches.
(Code 1985, s 20-22)
Sec. 58-37. Begging and soliciting prohibited.
No person shall commit or aid or assist in soliciting subscriptions or donations or begging on easements or public beaches.
(Code 1985, s 20-23)
Sec. 58-38. Driving on beaches prohibited.
No person shall drive or propel any motor vehicle on beaches or easements thereto.
(Code 1985, s 20-24; Ord. No. 03-03, § 1, 3-25-03)
Sec. 58-39. Selling on beaches.
No person shall keep or offer anything for sale unless licensed so to do by the city commission under a written concession or license agreement or lease.
(Code 1985, s 20-25)
Sec. 58-40. Injuring property prohibited.
No person shall injure, destroy, mutilate, deface, carry away, convert, or steal, or use for any purpose or use other than for the use intended, any of the following articles, items, equipment, machinery, goods or property situated on the public beaches or easements.
(1) Life saver rings, ropes, shrines or housing.
Cabanas, umbrellas, chairs or floats.
Any playground, recreational or beach equipment of any kind.
(4) Beach cleaning and sanitary machinery, tools or equipment of any kind or any part or parts thereof.
(5) Fence, wall, building, enclosure, stand, stall, structure, covering or housing of any kind erected or maintained by the city or duly licensed concessionaire, licensee or lessee of the city.
(6) Any article, appliance, equipment, fixture, machinery, or any stock, goods, merchandise or any property of any kind located in, around or upon any concession or any premises or areas of the beaches as to which the privilege or right to operate concessions and to so use and occupy the same has been granted by the city commission under a written concession or license agreement or lease, or that may be owned, kept or maintained by the city or any duly licensed concessionaire, licensee or lessee of the city.
(Code 1985, s 20-26)
Sec. 58-41. Injuring vegetation prohibited.
No person shall injure any tree, plant, grass, flowers, fruit, turf or structure in any manner whatsoever on the beaches, easements or parks.
(Code 1985, s 20-27)
Sec. 58-42. Parking boats on beaches prohibited, exception.
No person shall leave, store or park boats on public beaches in a permanent position. Temporary parking of boats on public beaches in connection with their immediate use is not prohibited. This provision for temporary parking shall not be construed to include any boats being offered for sale or rent unless pursuant to a city authorized franchise agreement. Boats stored on public beaches shall be removed by the city and impounded at the owner’s expense.
(Code 1985, s 20-28)
Sec. 58-43. Glass prohibited on beach.
No person shall use, carry, possess or permit the use, carrying or possession of any glass vessel, glass container, glass utensil or other glass vessel on the beaches.
(Code 1985, s 20-29)
Sec. 58-44. Posting of advertising prohibited, exception.
No person shall post or display any sign, banner, or advertisement unless licensed so to do by the city commission as a concessionaire or a licensee under a written concession or license agreement or lease.
(Code 1985, s 20-30)
Cross Reference – Signs and advertising, ch. 73.
Sec. 58-46. Obstructing access on beaches prohibited; exception.
No person shall obstruct in any manner any portion of an easement or beach, except as to such areas of the beach as to which the privilege or right to operate concessions and to so use and occupy the same has been granted by the city commission under a written concession or license agreement or lease and which use and occupancy does not interfere with or deny the use of the beach or easement by the public.
(Code 1985, s 20-32)
Sec. 58-49. Use of recreational areas during nighttime hours prohibited.
(a) All public beaches, park and recreational areas, docks, wharves and the public easements, ways, and approaches thereto within the city shall be closed to the use of or by any person between the hours of 1:00 a.m. and 5:00 a.m. Eastern Standard Time or Eastern Daylight Saving Time.
(b) It shall be unlawful for any person to go upon or use, loiter, stand, idle, wander, stroll or play in or upon such public beaches, public park and recreation areas, docks, wharves or the public easements, ways and approaches thereto during or between those hours
Sec. 58-82. Reckless Operation.
It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel or manipulates any water skis, aquaplane, or similar device in willful or wanton disregard for the safety of persons or property, or without due regard, caution and circumspection, or at a speed or in a manner as to endanger, or is likely to endanger or is likely to endanger life or limb or damage the property of or injure any person.
(Code 1985, s 20-52)
State law reference – Similar provisions, F.S. s 327.33.
Sec. 58-83. Careless operation.
(a) No person shall operate a vessel or watercraft in a careless manner, or at a rate of speed that endangers or is likely to endanger the safety of property of any person. Regard for the presence of other boats, or persons, or other objects in or near any watercraft shall be exercised by the operator of a vessel or watercraft at all times.
(b) It shall be unlawful for any person to operate a watercraft or vessel at a rate or speed that creates waves or a wake capable of causing, or which does cause, danger or injury to any person in or along a waterway, or damage, or the possibility of damage, to docks, seawalls, vessels or other personal property located on vessels in use or which are docked or moored in any waterway in the city.
(Code 1985, s 20-53)
State Law Reference – Reckless or careless operation, F.S. s 327.33.
It shall be unlawful for the operator of any mechanically powered vessel or watercraft which is underway to allow any person to ride on the bow of the vessel or watercraft when that person’s legs are hanging over the bow.
(Code 1985, s 20-54)
Sec. 58-85. Interference with navigation.
No person shall anchor, operate or permit to be anchored, except in case of emergency, or operate a vessel or carry on any prohibited activity in any manner that shall unreasonably or unnecessarily constitute a navigational hazard or interfere with another vessel. Anchoring under bridges or in or adjacent to channels shall constitute interference if unreasonable under the prevailing circumstances.
(Code 1985, s 20-55)
State Reference – Similar provisions, F.S. s 327.44
Sec. 58-86. Hazardous or abandoned vessels or watercraft; duty to report.
It shall be the duty of the owner or operator of any vessel or watercraft that is abandoned or sunk in any waterway within the city to immediately report the existence and location of the vessel or watercraft to the police department. Failure to so report shall be unlawful and upon conviction shall be punishable pursuant to section 1-15.
(Code 1985, s 20-56)
Sec. 58-88. Incapacity of Operator.
It is unlawful for the owner of any vessel or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel under the prevailing circumstances. Nothing in this section shall be construed to prohibit operation of boats by paraplegics who are licensed to operate motor vehicles on the highways.
(Code 1985, s 20-58)
State Law Reference – Similar provisions, F.S. s 327.34
Sec.58-90. Water skis.
(a) No person shall engage in water skiing, aquaplaning or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. The provisions of this section do not apply to a performer engaged in a professional exhibition or a person preparing to participate in an official regatta, boat race, marine parade, tournament or exhibition.
(b) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, aquaplane or similar device may be affected or controlled, in such a way as to cause the water skis, aquaplane or similar device or any person thereon to collide or strike against any object, except slalom buoys, ski jumps or like objects used normally in competitive or recreational skiing.
(c) Nothing in this section shall prevent the operation of any vessel or watercraft when such vessel or watercraft is being operated for rescue purposes, or when any vessel or watercraft is in distress.
(Code 1985, s 20-60)
State Law Reference – Similar Provisions, F.S. s 327.37(2), (3).
Sec. 58-91. Continuous habitation of vessels prohibited; live-aboards.
It shall be unlawful for a person to occupy or live aboard any houseboat or other boat equipped for habitation within the city. This prohibition shall not apply to individuals occupying vessels on a temporary basis for a period not to exceed 72 hours on the condition that the vessel shall contain a Coast Guard approved, self-contained sewage treatment or storage system. The 72-hour period shall not terminate as the result of temporary absence or removal of the vessel.
(Code 1985, s 20-61)
Sec. 58-92. Restricted boating areas.
(a)Definitions.
(1)Slow speed-minimum wakeindicates a restricted or controlled zone which has been established to protect the interest of the public. Slow speed-minimum wake means that a vessel must not proceed at a speed greater than that speed which is reasonable and prudent to avoid an excessive wake or condition under the existing circumstances. For the purpose of this section, slow speed-minimum wake and slow down-minimum wake shall mean the same. A motorboat in an area designated as a slow speed-minimum wake zone:
a.is operating on a plane is not proceeding at slow speed-minimum wake speed.
b.is in the process of coming off plane and settling into the water, which action creates more than no or minimum wake, is not proceeding at slow speed-minimum wake speed.
c.produces no wake or minimum wake is proceeding at slow speed-minimum wake speed.
d.is completely off plane and that has settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed-minimum wake speed.
(2)dle speed-no wakeindicates a restricted or controlled zone that has been established to protect the interests of the public. Idle speed-no wake means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.
(b)Restricted boating areas.There shall be created within the city various restricted boating areas in the waters of the Gulf of Mexico, which shall be marked by the city manager with regulatory buoy markers in compliance with the state uniform waterway marking system, which shall restrict all boating activities from these designated swimming areas pursuant to F.S. ch. 327 and the rules of the development of environmental protection, division of law enforcement, F.A.C. ch. 16N-23.
(c) Zones
(1) Swim Zones. The following areas shall be designated as idle speed-no wake zones; and boating activity shall be restricted within an area that is located between the water line and a buoy line, which buoy line shall be located by the city manager at a point no greater than 300 feet out into the Gulf of Mexico from the mean high water line in the following locations:
a.77th Avenue northward to the north side of city parking lot No. 2, a distance of approximately 500 feet.
b.the southern city beach access to the northern city beach access in block 1, Sunset Beach Unit 4, a distance of approximately 500 feet.
c.the south side of Weckesser Park to north side of parking lot 5 (at 100th Avenue), a distance of approximately 2,445 feet.
d. From the south end of the county park (104th Avenue) to the north end of 121st Avenue, a distance of approximately 5,200 feet.
Within the restricted boating areas, no boating activity shall be allowed except as specifically authorized by the city manager for various city-authorized or city-sponsored events. This restriction applies to all boats, including surfboards, sailboards and skim boards.
a. The following areas shall be designated as idle speed-no wake zones; and boating activity shall be restricted within an area that is located between the water line and a buoy line, which buoy line shall be located by the city manager at a point no greater than 300 feet out into the Gulf of Mexico from the mean high water line in the following locations:
1. From 82nd Avenue to the south end of Weckesser Park, a distance of approximately 2,985 feet.
2. From the south side of 77th Avenue southward to the Blind Pass Jetty, a distance of approximately 1,150 feet.
3. From the north side of city parking lot No. 2 northward to a city beach access, a distance of approximately 200 feet.
4. From the north end of 121st Avenue northward to the north end of 127th Avenue, a distance of approximately 1,800 feet.
b. The area between 200 feet south of the 600 feet north of the Blind Pass Bridge shall also be designated as an idle speed-no wake zone, and boating activity shall be restricted within such area, as shown on the map attached to Ord. No. 97-9 as Exhibit 3, and incorporated herein by reference.
(Ord. No. 94.3 § 1m 5-3-94)
Sec. 58-93. Anchoring, mooring.
(a) It shall be unlawful for any person to anchor or moor any unattended boat, watercraft or vessel in any of the waterways within the city for a continuous period of eight hours or more, or to allow any such anchoring or mooring of any such unattended boat, watercraft or vessel for any overnight period, without first securing a permit from the city manager authorizing the boat, watercraft or vessel to be anchored within the city limits in excess of such eight-hour period.
(b) Any such permit issued by the city manager shall be valid for a period not to exceed 72 hours; and only one such permit may be issued to any boat, watercraft or vessel or to any person within any month. There shall be no fee charged for such permit. The city manager may set such reasonable rules and regulations as he shall deem appropriate to ensure the public health, safety and welfare of persons and property within the city.
(c) No unattended boat, watercraft or vessel shall be anchored within 200 feet of any seawall within the city, whether or not any permit is issued by the city manager for the anchoring of such boat, watercraft or vessel.
(d) The terms “anchor” and “moor” shall be defined as the use of a heavy object attached to a vessel by cable, chain or line, which is placed overboard to keep the vessel from drifting, either by it weight or by gripping the bottom. For purposes of this section, a boat, watercraft or vessel attached or tied to a mooring buoy shall be construed as being anchored or moored.
(Ord. No. 87-7, s 1, 10-20-87; Ord. No. 88-11, s 1, 10-18-88)
The operation of an airboat within the limits of the city is hereby declared to be a nuisance, and no person or business shall operate an airboat within the city. For the purpose of this section, an airboat shall be any vessel using an airplane-type propeller located above the level of the water as a means of propulsion. In addition to the penalties provided in this section or as an alternative thereto, at the discretion of the city, the city may enforce the prohibitions of this section by injunction in a court of competent jurisdiction.
(Ord. No. 92-3, s 1, 4-21-92)
Sec. 58-95. Hydroplanes and Hydrofoils.
It shall be unlawful to operate in the city, including, in, on or over any of the waterways of the city, any boat or vessel such as a hydroplane, hydrofoil, or any other type of “flying” boat or vessel, unless such boat or vessel is being propelled in and not over the water. It shall be unlawful for any such boat or be vessel to become airborne or otherwise come out of the water which being propelled under its own power. A violation of this section shall be punished in accordance with section 1-15. In addition to the penalties provided in this section or as an alternative thereto, at the discretion of the city, the city may enforce the prohibitions of th is section by injunction in a court of competent jurisdiction.
(Ord. No. 94-3 § 1, 5-3—94)
All public boat ramps located in the city shall be closed between the hours of 11:00 p.m. and 6:00 a.m. daily; and it shall be illegal for any person to be on or about such boat ramp, including any dock at such boat ramp, during such hours.
(Ord. No. 96-6 § 1, 5-14-96)
Sec. 58-97. Running engine out of the water at ramps.
It shall be illegal for any person to cause to be run the motor or engine of any boat, vessel or personal watercraft while such boat, vessel or personal watercraft is out of the water at any time at any public boat ramp in the city.
(Ord. No. 96-6, § 1, 5-14-96)
Sec. 58-98. Cleaning equipment at boat ramp.
It shall be illegal for any person to clean any equipment of any boat, trailer or engine, including the cleaning of barnacles, at any public boat ramp in the city, whether such boat, trailer, engine or equipment is located in the water or out of the water at such boat ramp.
(Ord. No. 96-6 § 1, 5-14-96)
(a) All business establishments in the city, licensed or unlicensed, dealing in alcoholic beverages, public or private, either directly or indirectly, shall remain closed from the hours of 2:00 a.m. to 8:00 a.m. on each day of the week except Sunday.
(b) All such business establishments shall remain closed on each Sunday from the hours of 2:00 a.m. to 1:00 p.m.
(Ord. No. 96-12, s 1 (31-9), 11-12-96)
ARTICLE II. DOGS*
Sec. 6-36. Vicious or Nuisance Dogs Prohibited.
It shall be unlawful for any person to own or keep any vicious dog or any dog that becomes a nuisance in the community by continuously barking for 15 or more minutes or raising any disturbance whatsoever or by destroying lawns, shrubbery, planting or property of any kind.
(Code 1985, s 5-16)
Sec. 6-37. Running at Large – Prohibited.
It shall be unlawful for any person owning, keeping or harboring any dog to allow or permit such dog to run at large upon the alleys, roads, streets, thoroughfares or other public places within the city or upon the private property of any person other than the owner or keeper of such dog at any time, and all dogs shall be either restricted to the premises of the owner or keeper of such dogs or be upon a leash at all times. Any dog at any time found running at large off the premises of the owner or keeper of such dog, and not under the control of the owner or keeper thereof or a member of his immediate family either by leash, cord, chain or otherwise, shall be impounded by any police officer or other duly authorized employee of the city.
(Code 1985, s 5-17)
State Law References -- Damage by Dogs, F.S. ch. 767; rabies inoculation required, F.S. s 828.30.
No owner of any dog or person in charge of such dog shall allow or permit such dog to be in any public place or premises in the city unless such dog is firmly secured by a substantial leash held by the owner or persons in charge controlling such dog, such a specified by the manufacturer as the loaded weight of a combination vehicle. leash not to exceed six feet in length; nor shall any dog be permitted to go on private property without the consent of the owner or occupant thereof.
(Code 1985, s 5-18)
Sec. 6-39. Removal of Excrement Required.
Any dog owner or person in charge who allows deposit of excrement on public or private property other than the property of the dog owner shall immediately remove the same.
(Code 1985, s 5-19)
Cross Reference – Solid waste, ch. 38.
Sec. 6-40. Prohibited on the Beach.
It shall be unlawful for any dog whether running at large or on a leash to be on a public beach within the city. Any person, whether the owner or person in charge of such dog who shall permit or allow such dog to be upon any public beach shall upon conviction be guilty of a violation of this section.
(Ord. No. 96-5, s 1,2-6-96)
Cross Reference – Beaches generally, s 58-31 et. Seq.
Sec. 67-2. Storing, parking or leaving abandoned property on public or private property prohibited; declared nuisance; exceptions.
No person shall park, store, leave or permit parking, storing, or leaving of personal property of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition, whether attended or not, or store refrigerators, washing machines, dryers, plumbing fixtures, furniture and other like property openly upon any public or private property within the city for a period of time in excess of 48 hours.
(b) The presence of such abandoned, inoperative, dismantled vehicles and/or other personal property, or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(c) This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the city and properly operated in the appropriate business zone, pursuant to the land use regulations of the city, or to any motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways, or any vehicle retained by the owner for antique collection purposes.
(Ord. No. 95-10, s 35-2, 9-19-95)
Sec. 67-3. Abandoned property on public property; notice to owner.
(a) When the enforcement officer shall ascertain that article of abandoned property or abandoned motor vehicle is present on public property within the city, he shall cause a notice to be placed upon such article in the following:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (Description of property) is unlawfully upon public property and must be removed within five days from the date of this note; otherwise it shall be presumed to be abandoned property and will be removed and/or sold or destroyed by order of the city commission. Dated this ____________________________ Signed: (Name, title, address and telephone number of enforcement officer).
(b) Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall make reasonable effort to ascertain the name and address of the owner, and if such is reasonably available to the enforcement officer he shall mail a copy of such notice to the owner on or before the date of such posting.
(c) If at the end of five days after posting such notice the owner or any person interested in the abandoned motor vehicle or other property described in such notice has not removed from public property described in such notice has not removed from public property or shown reasonable cause for failure so to do, the enforcement officer may cause such property to be removed and/or sold or destroyed and the value, if any, of such property shall be retained by the city to be applied against the cost of removal, sale or destruction.
(Ord. No. 95-10, s 35-3, 9-19-95)
Sec. 73-82. Handbills, distribution on streets; prohibited; exception.
(a) It shall be unlawful for any person to distribute or cause to be distributed on any of the streets, avenues, alleys, parks, or public beaches within the city any paper handbills, circulars, dodgers or other advertising matter.
(b) No person shall hand out or distribute or sell any commercial handbill in any public place.
(c It shall not be unlawful for any person to hand out or distribute, without change to the receiver thereof, on any sidewalk, street or other public place within the city, any non-commercial handbill to any person willing to accept same.
(Ord. No. 95-10, s 41-112, 9-19-95)
Sec. 73-87. Posting Restricted.
It shall be unlawful for any person to post any bills, notice, poster or other advertising matter upon any permanent or temporary structure or building, pole, post or tree located in any street, park or other public way or place within the city except as may be authorized or required by law.
(Ord. No. 95-10 s 41-117, 9-19-95)
Sec. 75-33. Use of Public Sewers Required.
It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.
(Ord. No. 95-10, s 43-18, 9-19-95)
Sec. 2-29-1. Identification of Commercial Vehicles.
(a) Commercial Vehicle in defined as any vehicle, commercial in its design and structure, or any other vehicle used for commercial purposes. “Commercial purpose” shall mean a use for compensation, including but not limited to the transport of animals, commodities, materials, solid waste, articles of trade, or the performance or tender of services. This definition does not include otherwise unmarked personal vehicles of supervisory personnel or crew.
(b) Prohibited. It shall be unlawful to operate upon any street, highway, road or right-of-way, any commercial vehicle registered in Pinellas County, or predominantly used for commercial purposes within Pinellas County, unless said vehicle is identified as set forth in section 3 {Paragraph (c)}.
(c) Identification. Commercial vehicles as defined under this ordinance {section} shall be identified on both the right and left sides of the vehicle. The name and address of the company or firm operating the vehicle shall be neatly and permanently painted on the vehicle, or on an attached plate in contrasting color from the vehicle or plate, in letters not less than three (3) inches in height and displayed in a manner that either the painting or nameplate shall be legible at all times.
(d) Penalties. Any person owning or operating a commercial in violation of any provisions of this ordinance {Section} shall be punished for each cited violation by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than (60) days, or both, in the discretion of the court.
(e) Areas Embraced. All territory within the legal boundaries of Pinellas County, Florida, including all incorporated and unincorporated areas shall be embraced by the provisions of this ordinance {Section}.
(Ord. No. 72-3, ss 1-5, 3-7-72; Ord. No. 85-32, ss 1, 2, 10-1-85; Ord. No 89-24, ss 1, 2, 6-6-89)
*Cross Reference – Special act provisions relating to roads and bridges ss 1-25-1 et seq; Special Act provisions relating to traffic and transportation,ss 1-30-1- et seq.; ordinance provisions relating to roads and bridges,ss 2-26-1et seq; sheriff authorized to regulate traffic in evacuation zones,2-27-9.
ORDINANCE NO. 99-6
AN ORDINANCE OF THE CITY OF TREASURE ISLAND, FLORIDA, PERTAINING TO THE PARKING OF COMMERCIAL VEHICLES ON PUBLIC PROPERTY OR PUBLIC RIGHTS-OF-WAY DURING NIGHTTIME, PROVIDING DEFINITIONS; PROVIDING PENALTIES; PROVIDING AN EFFECTIVE DATE.
THE CITY OF TREASURE ISLAND DOES ORDAIN:
Section 1. That there is hereby created a new Section, Article or Chapter of the Code of Ordinances of the City of Treasure Island, Florida, as follows.
Prohibited parking of commercial vehicles:
A. Definitions: As used in this Section, the following definitions shall apply:
1. “Commercial Vehicle” means any vehicle used in connection with any business enterprise to transport people or goods, and is:
(a) Twenty-four (24) or more feet in length, including any trailer attached to such vehicle; or
(b) Ten (10) or more feet in height; or
(c) (c) Ten thousand (10,000) pounds or more in net vehicle weight
2. “Net Vehicle Weight” means the weight of the vehicle as declared for vehicle registration
3. “Nighttime” means any portion of the period between 10:00 p.m. and 6:00 a.m. of the following day.
4. “Park a Commercial Vehicle” means the condition where any owner or other person has put, parked, or left a commercial vehicle, or allowed such vehicle to remain.
5. “Public Property” means any property located within the City which is owned by the City of Treasure Island or any other governmental entity.
6. “Public rights-of-way” means any portion of any public street or other easement regardless of whether such property is platted, dedicated, paved, or otherwise finished, and extending the entire length and width of such area unto the adjacent private property lines.
B. No person shall park a commercial vehicle on any public property or public right-of-way within the City of Treasure Island at any time during nighttime, or allow such commercial vehicle to remain on any public property or public right-of-way during nighttime.
C. Exceptions. The provisions of this Ordinance shall not apply to the following:
1. To vehicles owned, operated or used by the City of Treasure Island, or to any contractor performing services for the City of Treasure Island under a current contract that requires the use of such commercial vehicle.
2. To any person participating in or attending any authorized function in any municipal facility, while such function is being conducted.
D. Any violation of this ordinance shall be subject to the general penalty provisions of the City of Treasure Island Code.
(b) Ten (10) or more feet in height; or
(c) Ten thousand (10,000) pounds or more in net vehicle weight
2. “Net Vehicle Weight” means the weight of the vehicle as declared for vehicle registration
3. “Nighttime” means any portion of the period between 10:00 p.m. and 6:00 a.m. of the following day.
4. “Park a Commercial Vehicle” means the condition where any owner or other person has put, parked, or left a commercial vehicle, or allowed such vehicle to remain.
5. “Public Property” means any property located within the City which is owned by the City of Treasure Island or any other governmental entity.
6. “Public rights-of-way” means any portion of any public street or other easement regardless of whether such property is platted, dedicated, paved, or otherwise finished, and extending the entire length and width of such area unto the adjacent private property lines.
B. No person shall park a commercial vehicle on any public property or public right-of-way within the City of Treasure Island at any time during nighttime, or allow such commercial vehicle to remain on any public property or public right-of-way during nighttime.
C. Exceptions. The provisions of this Ordinance shall not apply to the following:
1. To vehicles owned, operated or used by the City of Treasure Island, or to any contractor performing services for the City of Treasure Island under a current contract that requires the use of such commercial vehicle.
2. To any person participating in or attending any authorized function in any municipal facility, while such function is being conducted.
D. Any violation of this ordinance shall be subject to the general penalty provisions of the City of Treasure Island Code.
SECTION 2. It is the intention of the city Commission that the Ordinance be included in the Code of Ordinances of the City of Treasure Island, Florida and the publisher of such Code may renumber or reclassify such other provisions of this ordinance to accomplish such intention.
SECTION 3. This Ordinance shall take effect immediately upon its final passage.
FIRST READING On the 10th Day of August, 1999
SECOND READING On the 10th Day of August, 1999
THIRD READING On the 14th Day of September, 1999
PUBLIC HEARING On the 14th Day of September, 1999
PUBLISHED In the Tampa Tribune on the 28th Day of August, 1999 _______________________
Leon G. Atkinson Mayor
ATTEST:
__________________
Charles S. Coward
City Clerk
Sec. 18-71. Adoption of County Noise Ordinance.
The city commission does hereby adopt County Ordinance No. 74-11, as amended, regarding noise, which shall, in addition to the other provisions of this chapter, be effective in the city.
(Code 1985, s 15-1; Ord. No. 91-3, s 1(15-5), (7-2-91)
PINELLAS COUNTY CODE
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning.
A-weighted level (dBA) means the total broadband sound level of the noise spectrum as measured using the “A-weighted Network” of a sound level meter. The unit of measurement is the dBA. Sound level meter settings shall be for slow response, except for motor vehicle measurements which shall be fast response
Ambient Noise means the all-encompassing noise associated with a given environment, being usually a composite of sound from many sources near and far.
Commercial Zone means any geographic area designed for commercial or professional activities by the zoning authority having jurisdiction over such area.
Continuous Noise means a noise which remains essentially constant in level during the period of observation.
County means Pinellas County.
Decibel (dB) means a division of a logarithmic scale used to express the ratio of two like quantities proportional to power or energy. The ratio is expressed in decibels by multiplying its common logarithm by ten.
Emergency means a situation wherein immediate work is necessary to restore property to a safe condition following a public calamity or immediate work is required to protect persons or property from an imminent exposure to danger.
Gross combination weight rating (GCWR) means the value whose frequencies are between two sine-wave components separated by an octave.
Residential Zone means any geographic area designated for single-family or multifamily dwellings by the zoning authority having jurisdiction over such area.
Sound Level Meter means an instrument to measure the sound pressure level of relatively continuous and broadband noises. The sound level meter used to determine compliance with this article shall meet or exceed the requirements for type 2 sound level meter in accordance with ANSI Standard S1-4.
Sound Pressure Level means the squared ratio, expressed in decibels, of the sound pressure under consideration to the standard reference pressure of 0.0002 dyne/cm2. The ratio is squared because pressure squared, and not pressure, is proportional to energy.
Vehicle means any device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(Ord. No. 03-3 § 1, 1-7-03)
Cross reference—Definitions generally, § 1-2.
Sec. 58-442. Declaration of Necessity.
It is found and declared that:
The making and creation of excessive, unnecessary or unusually loud noises within the county limits is a condition which has existed for some time and the amount and intensity of such noises is increasing.
The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and effect of use affect are a detriment to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the county.
The necessity in the public interest for the provisions and prohibitions contained and enacted in this article is declared as a matter of legislative determination and public policy, and it further declared that the provisions and prohibitions contained and enacted in this article are in pursuance of and for the purpose of securing and promoting the public health, comfort, safety, welfare and repose of the county and its inhabitants.
(Ord. No. 03-38, § 1, 1-7-03)
Sec. 58-444. General prohibitions..
No person shall make, continue, permit, or cause to be made or continued:
Any unreasonable loud and raucous noise; or
Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; or
Any noise which exceeds the maximum allowable limits set forth in this article.
Factors which shall be considered in determining whether a violation of subsection (a) above exists shall include, but not be limited to, the following:
the volume of the noise;
The intensity of the noise;
The volume and intensity of the background noise, if any;
The nature and zoning of the area from which the sound emanates and the area where it is received or perceived;
The duration of the noise;
The time of the day or night the noise occurs; and
Whether the noise is recurrent, intermittent or constant.
Whether a noise complaint, as set forth in section 58-446, has been received by the county.
(Ord. No. 03-3 § 1, 1-7-03)
Notwithstanding the noise prohibitions set out in the article, the following shall be permitted:
the operation of warning or emergency signal devices such as sirens, horns, and bells when utilized for their intended purpose.
Noises resulting from equipment or operations incidental to the emergency repair of facilities or restoration of services such as public utilities or other emergency activities in the public interest.
Ordinary noise created by the operation of railways, shipping lanes and aircraft.
Noises consistent with cultural, historical or traditional observances, holidays and ceremonies, provided that a permit for such event has been obtained from the county administrator, city manager or town manager in accordance with section 58-451.
(Ord. no 03-3, § 1m 107-03)
Sec. 58-448. Waiver.
Applications for waivers from relief from the maximum allowable noise level limits designated in this article shall be made in writing. Such applications for waivers shall be made to the county administrator or his duly authorized representative when the activity creating such noise is located within the unincorporated area of the county or with the city manager or town manager when the activity is located within the boundaries of their respective municipality. Any waivers granted by the county administrator, a city manager or town manager under this section must be in writing and shall contain all conditions upon which such permit shall be effective. The County Administrator, City Manager or Town Manager or their duly authorized representatives may grant the waiver as applied for under the following conditions:
The County Administrator, City Manager, or Town Manager may prescribe any reasonable conditions or requirements they deem necessary to minimize adverse effects upon the community or the surrounding neighborhood, including but not limited to the use of mufflers, screens or other sound attenuating devices.
Waivers from maximum allowable noise level limits may only be granted for noises created within an industrial or commercial zone by operations which were in existence on the effective date of the ordinance (No. 03-3) from which this article derives.
Waivers may be issued for no longer than 180 days, renewable by further application to the county administrator, city manager or town manager.
Any Party feeling aggrieved by the denial of its application for waiver under this section by the county administrator may appeal such denial to the board of county commissioners, such appeal to be filed within 30 days from the date of denial.
Any party feeling aggrieved by the denial of its application for waiver by a city manager or a town manager may appeal such denial to the governing body of that municipality, such appeal to be filed within 30 days from the date of denial.
(Ord. No. 03-3 § 1, 1-7-03)
Sec. 58-449. Construction Noise.
(a) No person shall operate or permit to be operated any power-driven construction equipment without a muffler or other noise reduction device at least as effective as that recommended by the manufacturer or provided as original equipment.
No construction activities shall be permitted between the hours of 11:00 p.m. and 7:00 a.m., Monday through Saturday, and all day Sunday, that produce noise exceeding 55 dBA, measures at the nearest property line of an adjacent residential area. Construction equipment that must be operated near a residentially zoned area on a 24-hour per day basis (i.e. pumps, well tips, generator, etc.) shall be shielded by an acoustical enclosure during the hours of 11:00 p.m. to 7:00 a.m. unless the unshielded noise level is less than 55 dBA, measured at the closest adjacent residentially zoned property line.
(Ord. No. 03-3 § 1, 1-7-03)
Sec. 58-450. Maximum Allowable.
No noise shall be created or permitted to be created in an industrial or commercial zone which exceeds those levels given in table 2, below, as measured on the adjacent property line.
Table 2. Maximum noise levels permitted in industrial and commercial zones.
Adjoining
Adjoining Residential zoneZone from which Commercial 7:00a.m.-6:00 p.m.
Noise Eminates Zone Monday Through
(No time Limit) Saturday
Industrial 72 dBA 66 dBA
Commercial 66 dBA 60 dBA
The maximum permitted noise level emanating from a commercially or industrially zone district, measured at the nearest adjacent residentially zoned property line for the hours between 11:00 p.m. and 7:00 a.m., Monday through Saturday and during all hours of Sunday, shall be 55 dBA.
(b) In cases of impulsive noises, the noise levels listed in subsection (a) of this section shall be increased by ten dBA ( as measured on a sound level meter ) during the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday, but shall not exceed the levels of table 2 during the period from 11:00 p.m. to 7:00 a.m., Monday through Saturday and all day Sunday.
(c) Exceptions to Maximum Noise Levels:
An exception to the noise levels listed in table 2 may be permitted by the granting of a waiver, under circumstances in which the activity creating the noise is of such importance to the public welfare, health or safety that the activity cannot be shut down, even though its noise levels exceeds those given in table 2. Responsibility for the granting of such waivers shall lie with the county administrator or his duly authorized representative when the activity creating such noise is located within the unincorporated area of the county or with the city manager or town manager when the activity is located within the boundaries of their respective municipality.
A further exception to the noise levels listed in table 2 shall be permitted in instances where an industry or commercial business had in prior years established its place of business in an area away from a residential zone, and subsequently, through the encroachment of residential development or rezoning, now finds itself adjoining a residential zone. In instances of this latter nature, the noise ordinance pertaining to industrial-commercial boundaries shall govern, and the business shall not be required to meet those noise levels pertaining to residential boundaries.
(Ord. No. 03-3, § 1m 1-7-03)
Sec. 58-451. Maximum Allowables.
(a) Except for those noises otherwise specifically provided for within this article, it shall be unlawful to create or to permit to be created any noise within a residential zone that exceeds 72 dBA during the hours between 7:00 a.m. to 11:00 p.m., or 55 dBA during the hours between 11:00 p.m. and 7:00 a.m., daily, measured at the nearest adjacent property line.
(b) It shall be unlawful to operate or to permit to be operated any air conditioning, heating or ventilating unit at any time that produces a noise exceeding 60 dBA, measured at the nearest adjacent property line.
(c) In the case of multifamily dwelling units, it shall be unlawful to create or permit to be created any noise that exceeds 55 dBA during the hours between 7:00 a.m. to 11:00 p.m., or 40 dBA during the hours between 11:00 p.m. and 7:00 a.m. daily, measured from a neighbor’s dwelling.
(Ord. No. 03-3 § 1, 1-7-03)
Sec. 58-452. Noises emanating from boats or barges on water areas adjoining residential zones.
(a) No craft shall be operated or be permitted to be operated on water areas adjoining residential zones which produces noise that exceeds 55 dBA, measured at the nearest adjacent residential property line, during the hours of 9:00 p.m. to 7:00 a.m. daily, except as provided in subsection (b) of this section.
(b) In the case of construction barges or dredges, a permit from the county administrator, city manager or town manager must be obtained in order to operate during the hours of 9:00 p.m. to 7:00 a.m. This permit will only be granted when the barge or dredge operator has satisfied the county administrator, city manager or town manager that he has done all that is reasonably possible to minimize the noise impact on the adjacent residential community.
(Ord. No. 03-3, § 1, 1-7-03)
Sec. 58-453. Noises within outdoor public recreation areas and parks.
It shall be unlawful to operate or permit to be operated any mechanical or electrical device within an outdoor public recreation area or park that produces a noise exceeding 72 dBA during the hours between 7:00 a.m. to 11:00 p.m., or 55 dBA during the hours between 11:00 p.m. to 7:00 a.m., daily, measured at the nearest adjacent residentially zoned property line, except for planned community events, including but not limited to concerts, speeches, sporting events, firework displays, etc. When a planned community event will create noise in excess of the limits specified in this section, a permit must be obtained prior to the event.
(Ord. No. 03-3, § 1, 1-7-03)
ORDINANCE 96-51
AN ORDINANCE OF THE COUNTY OF PINELLAS, PROVIDING THAT THE PINELLAS COUNTY CODE BE AMENDED BY REVISING CHAPTER 58, ARTICLE XII OF SAID CODE; PROVIDING FOR A DEFINITION OF OCTAVE BAND; PROVIDING FOR OCTIVE BAND SOUND LEVEL LIMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The creation and making of excessively loud and prolonged noises is detrimental to the health, safety and welfare of the residents of Pinellas County, and
WHEREAS, Pinellas County Code Chapter 58, Article XII was enacted to address excessive noise within Pinellas County, and
WHEREAS, sounds from certain individual octave bands cause vibrations which are detrimental to the health, safety, welfare and quiet enjoyment of the residents of the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA:
Section 1. Section 58-441 of the Pinellas County Code is hereby amended by adding the following definition after the definition of Noise Level and before the definition of Residential Zone:
Octave Band means all of the components in a sound spectrum whose frequencies are between two sine-wave components separated by an octave.
PINELLAS COUNTY CODE
ORDINANCE 96-51
Section 2. The Pinellas County Code is hereby amended by adding a section to Chapter 58, Article Xii to be numbered 58-452 which section shall read as follows:
Sec. 58-452. Octave Band Sound Level Limits.
In addition to the standard listed in this article, for any source or sound which can be detected on any parcel of property adjacent to the source of sound, the maximum allowable sound level limit for the individual octave bands whose centers are 31.5, 63, 125, 250, and 500 Hertz shall not exceed 65 dB.
Section 3. If any Section, Subsection, sentence, clause, phrase, or provision of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional.
Section 4. The provision of this Ordinance shall be included into the Pinellas County Code as an addition and amendment thereto, and shall be approximately numbered to conform to the uniform numbering system of the Code.
Section 5. Pursuant to Section 125.66 Fla. Stat., a Certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten(10) days after the enactment by the Board of County Commissioners. The Ordinance shall become effective upon filing of the Ordinance with the Department of State.
ARTICLE III. NOISE *
Sec. 18-72. Prohibited Generally.
It shall be unlawful for any person to willfully make, continue to cause to be made or continued any loud and raucous noise, which term shall mean any sound that, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. The term “Noise” includes the kinds of noise generated by activities enumerated in section 18-73, except as provided in section 18-75. The term shall be limited to loud and raucous noise heard:
Upon the public streets;
In any public park;
In any school or public building or upon the grounds thereof while in use;
In any church or hospital or upon the grounds thereof while in use;
Upon any parking lot open to members of the public as invitees or licensees;
In any occupied residential unit which is not the source of the noise or upon the grounds thereof; and
In any event from any location not less than 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn, or other noise source.
(Ord. No. 91-3, s 2(15-1), 7-2-91)
•Cross Reference – Vicious or nuisance dogs prohibited, s 6-36.
•State Law Reference – Motor vehicle noise, F.S. s 316.293, 403.415.
Sec. 18-73. Enumeration.
The following acts, as limited by section 18-72 and subject to the exceptions provided in section 18-75, are declared to be public nuisances in violation of section 18-72, namely:
Exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device that will effectively prevent loud and raucous noises therefrom.
Pile Drivers, Similar Appliances. The operation between the hours of 6:00 p.m. and 7:00 a.m. on any day or at any time on Sunday of any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist or other appliance the use of which is attended by loud and raucous noise.
Blowers. The operation of any blower or power fan or any internal combustion engine the operation of which causes loud and raucous noise unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to prevent loud and raucous noise.
Horns, whistles, signaling devices. The sounding of any horn , whistle or other audible signaling device so as to create a loud and raucous noise.
Radios, amplifiers, phonographs. The using, operation or permitting to be placed, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise between the hours of 11:00 p.m. and 7:00 a.m.
Sound Trucks. The operation of any amplifier or loudspeaker in, upon or attached to a sound truck or other device for amplifying sound within the city for advertising purposes or to attract the attention of the public.
Yelling, shouting. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 11:00 p.m. and 7:00 a.m. on any day.
Animals, birds. The keeping of any animal or bird that habitually causes a loud and raucous noise.
Defect in Vehicle or Load. The use of any motor vehicle so out of repair, so loaded or in such manner as to create loud grating, grinding, rattling or other loud and raucous noise or which is not equipped with a muffler in a good working order and in constant operation so as to prevent loud raucous noise.
Construction or repairing of buildings. The erection (including excavating), demolition, alteration or repair of any building so as to create a loud and raucous noise other than between the hours of 7:00 a.m. and 6:00 p.m. on any day or at any time on Sunday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building official, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues . If the building official should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair or any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. or on Sunday, he may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work.
Schools, public buildings, churches, hospitals. The creation of any loud and raucous noise heard within any school, public building, church or any hospital, or the grounds thereof while in use, that interferes with the workings of such institution, or that disturbs or annoys patients in the hospital.
Noises to attract attention. The use of any drum or other instrument or device to create a loud and raucous noise
(Ord. No. 91-3, s 2(15-2), 7-2-91)
Sec. 18-74. Persons Responsible.
Any person, owner, agent or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of the device or machine creating a noise as prohibited by this article shall be deemed guilty of violating this article.
(Ord. No. 91-3, s 2(15-3), 7-2-91)
Sec. 18-75. Exceptions
The term “loud and raucous noise” does not include noise or sound generated by the following:
Cries for emergency assistance and warning calls.
Radio, sirens, horns and bells on police, fire, and other emergency response vehicles.
Parades, fireworks displays and other special events for which a permit has been obtained from the city, within such hours as may be imposed as a condition for the issuance of the permit.
Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agents.
Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm.
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