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Take a look - read the ordinance:
AN ORDINANCE RELATING TO NOISE CONTROL; DEFINING A NOISE DISTURBANCE; PROHIBITING NOISE DISTURBANCES; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR SPECIFIC PROHIBITIONS; PROVIDING FOR LIBERAL, NON-CONFLICTING CONSTRUCTION; PROVIDING OTHER REMEDIES TO PREVENT THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCES 92-34 AND 99-38; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the making and creating of unreasonably loud, disturbing, and unnecessary noise continues to occur with increasing frequency in conjunction with the ever-growing development of Polk County;
WHEREAS, it is the purpose of this ordinance to prevent, prohibit, and provide for the abatement of disturbing noise in order to protect and promote the health, safety, general welfare, and the peace and quite of the residents of Polk County; and,
WHEREAS, such disturbing noise may not be amenable to practical measurement by decibel measuring apparatus;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA:
SECTION 1: TITLE
This ordinance shall be known and may be cited as the Polk County Noise Control Ordinance.
SECTION 2: FINDINGS OF FACT
The foregoing findings are incorporated herein by reference and made a part hereof.
SECTION 3: AUTHORITY
This ordinance is enacted under the Home Rule Power of Polk County, specifically Section 125.01(1), Florida Statutes, and pursuant to Article II, Section 7,
Florida Constitution, which provides that adequate provision shall be made by law for the abatement of excessive and unnecessary noise.
SECTION 4: SCOPE
This ordinance shall be effective throughout the unincorporated areas of Polk County, Florida.
SECTION 5: DEFINITION OF A NOISE DISTURBANCE
As used in this ordinance, a noise disturbance is any sound that is:
(a) Of such duration, volume, or intensity as to be injurious to human or animal life, or property;
(b) Of such duration, volume, or intensity as to unreasonably interfere with the comfortable enjoyment of life, property, or the conduct of business; or
(c) Of such duration, volume, or intensity as to alarm, disturb, or annoy reasonable people.
SECTION 6: PROHIBITION OF NOISE DISTURBANCE
No person or business may make, continue, permit, or cause to be made or continued, any noise disturbance as defined in this ordinance.
Factors that shall be considered in determining whether a violation of this ordinance has occurred, shall consist of, but not be limited to, the following:
(a) The duration, volume, or intensity of the noise;
(b) The nature and zoning of the area from which the sound emanates in relation to the area where it is perceived;
(c) The time of day or night the noise occurs;
(d) Whether the noise is recurrent, intermittent, or constant;
(e) Prior violations of this ordinance by the same disturbance; and
(f) Whether a written noise complaint, as set forth in section 7, has been received by the Sheriff's Office.
SECTION 7: ENFORCEMENT
(a) Any citizen may submit noise complaints in writing to the Sheriff's Office. To the extent known, the complaint shall include the name, address, and telephone number of the complainant, the address or location of the noise disturbance, the name(s) of the alleged perpetrator(s), and the nature of the noise disturbance. The written complaint shall be sworn to, signed, and notarized.
(b) When a Polk County Sheriff's Office law enforcement officer has probable cause to believe that a violation of this ordinance has occurred, the law enforcement officer shall issue a warning to the property owner, the one responsible for creating the disturbance, or both. The warning shall notify the property owner, and/or the one responsible for creating the noise, of the violation of this ordinance and specify a reasonable time to abate the noise. Absent special circumstances, or unless otherwise provided in this ordinance, a reasonable time shall mean fifteen (15) minutes.
(c) If the violation is not abated within a reasonable time after the warning, or if the violation recurs within ninety (90) days of the issuance of the warning, the responsible party or parties shall be cited for the violation of this ordinance and subject to prosecution under ยง125.69, Florida Statutes, and this ordinance.
(d) Issuance of a citation or warning to an adult member of the household or business where the violation occurred shall be deemed notice to all members of the household or business thereby rendering them responsible for the noise.