[hfivo]

ARTICLE VI. NOISE CONTROL

Sec. 16-101. Title.
This article shall be known and may be cited as the Sumter County Noise Control Ordinance.
(Ord. No. 2001-6, § 1, 4-10-01)

Sec. 16-102. Findings of fact.
The foregoing findings [found in the preamble of Ord. No. 2001-06] are incorporated herein by reference.
(Ord. No. 2001-6, § 2, 4-10-01)

Sec. 16-103. Authority.
This article is enacted pursuant to Article II, Section 7, of the Florida Constitution, which provides that adequate provision shall be made by law for the abatement of excessive and unnecessary noise, and under the Home Rule Power of Sumter County, specifically, Section 125.01(1), F.S.
(Ord. No. 2001-6, § 3, 4-10-01)

Sec. 16-104. Scope.
This article shall be effective throughout the unincorporated areas of the county.
(Ord. No. 2001-6, § 4, 4-10-01)

Sec. 16-105. Definition of noise disturbance.
As used in this article, a "noise disturbance" is any sound which is either:
(1) Excessive in amount or of such duration, wave frequency or intensity as may be or is injurious to human or animal life or property;
(2) Excessive or unnecessary in amount, level or duration as to unreasonably interfere with the comfortable enjoyment of life, property or the conduct of business; or
(3) Of such character and in such quantity or level as to be detectable by a considerable number of persons or the public, so as to interfere with such persons or the public health, repose or safety, or to cause severe annoyance or discomfort, or which interferes with normal conduct of business, or is otherwise detrimental or harmful to the health, comfort, living conditions, welfare and safety of the inhabitants of the county.
(4) In determining whether a noise is unreasonably loud and disturbing, the following factors incident to such noise can be considered, in addition to such others as the enforcing authority deems relevant:
a. Time of day.
b. Proximity to residential structures.
c. Whether the noise is recurrent, intermittent, or constant.
d. The volume and intensity of the noise.
e. Whether the noise has been enhanced in volume or range by any type of electronic or mechanical means.
(5) Specifically, a noise source shall be considered a prohibited "noise disturbance" under the provisions of this chapter if it generates decibel levels greater than sixty (60) decibels in any residential or multifamily residential neighborhood at a point located one thousand (1,000) feet from the location generating the noise, or decibel levels greater than seventy-five (75) decibels at a point located one thousand (1,000) feet from the location generating the noise, regardless of the surrounding land use. Decibel levels shall be measured by an officer of the Sumter County Sheriff's Department, using equipment specifically designed for decibel measurement.
(Ord. No. 2001-6, § 5, 4-10-01; Ord. No. 2008-09, § 2, 3-11-08; Ord. No. 2009-16, § 2, 8-11-09)

Sec. 16-106. Prohibition of noise disturbance.
Any person or legal entity through its officers, agents or employees who makes, maintains, or causes to be made or maintain a noise disturbance as defined in this article may be penalized in accordance with section 16-114. When the sheriff's office investigates an alleged noise disturbance, the sheriff's office shall issue a verbal notice to the owner, or any person, or legal entity which is legally responsible for such property where a noise disturbance exists. The sheriff's office shall document the issuance of a verbal notice in an offense report. If the noise disturbance continues after the owner, person, or legal entity who received the verbal notice has been given a reasonable time to cease such noise disturbance, then that party who received the verbal notice may be penalized in accordance with the provisions of this article.
If the same party previously penalized is found by an officer of the sheriff's department to generate a noise disturbance, as defined and described herein, within one hundred twenty (120) days of the issuance of a documented verbal notice or penalty, that party shall not receive an additional verbal notice but will instead immediately receive a penalty in accordance with the provisions of this article.
(Ord. No. 2001-6, § 6, 4-10-01; Ord. No. 2008-09, § 3, 3-11-08; Ord. No. 2009-16, § 3, 8-11-09)

Sec. 16-107. Specific prohibitions.
The following specified acts and circumstances are hereby declared to constitute prohibited noise disturbances in violation of this article; provided however, such enumeration is not and shall not be deemed to be exclusive; provided further that all other acts and circumstances meeting the definition of noise disturbance are likewise declared to be in violation of this article.
(1) Radios, televisions, musical instruments and similar devices, and amplified human voice. Playing or permitting the playing of any radio, television, musical instrument or similar device, whether amplified or not amplified, or amplifying the human voice in such a manner or with such volume as to annoy or disturb the quiet, comfort and repose of a reasonable person in any type of residence or place of business; provided, however, this prohibition shall not apply to regularly scheduled outdoor entertainment activities in the downtown or urban areas within developments of regional impact, so long as such events terminate not later than 10:00 p.m.
(2) Neighborhood parties and disturbances. Sounds originating from a residence or residential common area as a result of a party or other activities which may otherwise not be considered a noise disturbance under section 16-105 but arises to a noise disturbance due to the time of day or evening.
(3) Barking dogs. Allowing a dog to bark, howl, or whine continuously between the hours of 9:00 p.m. to 6:00 a.m. until such noise arises to the level of a noise disturbance under section 16-105. Any person or entity cited for a violation under this specific subsection shall not be subject to the penalties in this article. Instead, any person or entity cited for a violation under this specific subsection shall be subject to the penalties set forth in Chapter 4 of the Sumter County Code.
The sheriff's deputy may defer enforcement against the owner of the animal to animal control in accordance with Chapter 4 of the Sumter County Code if the deputy is unable to personally observe the barking, howling, or whining to determine whether such noise arises to the level of a noise disturbance as defined under section 16-105.
(Ord. No. 2001-6, § 7, 4-10-01; Ord. No. 2004-19, § 1, 7-15-04)