§ 46-131. Same—Enumeration.

The following acts are declared to be public nuisances and in violation of this article:

(1)

Engine exhaust. The discharge into the open air of the exhaust of any steam engine or internal combustion engine, whether stationary or moving, except through a muffler or other device which will effectively prevent loud and raucous noises therefrom.

(2)

Operation of equipment at night, on Sundays. The operation between the hours of 8:00 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, machine or equipment, the use of which is attended by loud and raucous noise.

(3)

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.

(4)

Horns, signaling device, etc. The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise.

(5)

Radios, televisions, amplifiers, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, stereo, television, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise by any person present and in control of such device or by any person present and in control of the premises wherein such device is located.

(6)

Sound trucks. No amplifier or loudspeaker in, upon or attached to a sound truck or other device for amplifying sound shall be operated or permitted to operate within the unincorporated county for advertising purposes or to attract the attention of the public. Ice cream trucks shall be specifically exempt from the prohibitions contained herein.

(7)

Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. on any day.

(8)

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 good working order and in constant operation so as to prevent loud and raucous noise.

(9)

Construction or repairing of buildings. The erection, including excavating or demolition, alteration or repair of any building so as to create a loud and raucous noise between the hours of 8:00 p.m. and 7:00 a.m. the following 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 division. Such permit may be granted for a period not to exceed three working days or less while the emergency continues and may be renewed for successive periods of three days or less while the emergency continues. If the building division 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 of any building or the excavation of streets and highways between the hours of 8:00 p.m. and 7:00 a.m., or on Sunday, the building division may grant permission for such work to be done between 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; provided, however, that the making of minor repairs and alterations to a building by the owner or occupant thereof between the hours of 9:00 a.m. and 6:00 p.m. on Sundays shall not be within the proscription of this subsection.

(10)

Creation of noise near 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, which interferes with the workings of such institution, or which disturbs or annoys patients in the hospital.

(11)

Noises used to attract attention. The use of any drum or other instrument or device to create a loud and raucous noise.

(12)

Dropping or throwing objects. The unnecessary dropping or throwing of objects on or against the ground, pavement, concrete walk or other object so as to create loud or unnecessary clanging, grating, rattling or other noise.

(13)

Steam whistles. The blowing of any train whistle or steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of county officials.

(14)

Motor vehicles. Loud and raucous noise created by any vehicle which is self-propelled and every vehicle which is propelled by electric power from overhead trolley wires, but not operated on rails, including motorcycles or motor-driven vehicles. This section shall also prohibit the intentional and repeated creation of loud and raucous noise by watercraft. However, this provision shall not apply to motor vehicles operating on the public streets or highways of the county. No provision herein is intended to conflict or otherwise pre-empt F.S. §§ 326.272 (exhaust prevention of noise), 316.293 (motor vehicle noise), or 316.3045 (operation of radios or other mechanical devices or instruments in vehicles) or their successor statutes.

(15)

Tire screeching. The intentional repeated creation of loud and raucous noise through the acceleration, turning or stopping of any motor vehicle.

(Ord. No. 93-09, § 2(14-20.42(D)(1)(c)), 5-18-93; Ord. No. 94-01, § 2, 1-11-94; Ord. No. 94-14, § 2, 6-21-94; Ord. No. 95-58, § 1(E), 12-12-95)