§ 14-4. Nuisance noise.

(a)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicable districts means those zoning districts designated as RR-1, R-1, R1-M, R1-A, R-2, R-2M, PUD, HR-1, or R-3 by the Santa Rosa County Land Development Code and all recorded residential subdivisions.

Galt City Industrial Zone—Exhibit A*. The Galt City Industrial Zone (GCIZ) is unique due to the high number and concentration of industrial uses producing construction materials which were in existence prior to the establishment of Ord. No. 2000-07.

Note— Exhibit A is not set out herein, but on file in the appropriate county offices as an attachment to Ord. No. 2003-04.

Nuisance noise means any noise that violates any provision of this article.

(b)

Violations. The following acts and the causing thereof within the unincorporated area of Santa Rosa County are declared to be a violation of this article:

(1)

The use, operation, or playing of any radio, television, phonograph, stereo set, tape player, sound amplifier, or similar device which:

a.

Produces or reproduces sound in a manner to be plainly audible within an applicable district between the hours of 9:00 p.m. and 7:00 a.m., at a distance of 50 feet or more from the real property line of the property from which the sound source is located, or

b.

Produces or reproduces sound in a manner to be plainly audible within a fully enclosed single-family dwelling at any time at a distance of 300 feet or more from the real property line of the property from which the sound source is located. A single-family dwelling shall have all windows and doors securely closed in order to be considered fully enclosed.

(2)

Construction or repairing of buildings: The erection, excavation, demolition, alteration or repairs of any building which produces sound in a manner to be plainly audible within an applicable district between the hours of 9:00 p.m. and 6:00 a.m. at a distance of 50 feet or more from the real property line of the property from which the sound source is located.

(3)

The operation of power tools, lawn mowers, edgers, trimmers, blowers, street sweepers, and power driven hedge shears so as to create sound which is plainly audible within an applicable district between the hours of 10:00 p.m. and 6:00 a.m. at a distance of 50 feet or more from the real property line of the property from which the sound source is located.

(4)

Yelling, shouting, etc. Yelling, shouting, whistling, or singing so as to produce a sound which is plainly audible within an applicable district between the hours of 9:00 p.m. and 7:00 a.m. at a distance of 50 feet or more from the real property line of the property from which the sound source is located.

(5)

Horns and signaling devices: The repeated sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle except as a danger warning which is plainly audible in an applicable district. The use of sirens except by authorized emergency vehicles is prohibited.

(6)

The operation of any pile driver, steam or power shovel, pneumatic hammer, derrick, steam or electric hoist or mechanical crushing device which creates noise which is plainly audible or produces vibrations which are felt within any applicable district between the hours of 9:00 p.m. and 7:00 a.m. at a distance of 50 feet or more from the property line of the property on which the sound source is located.

(7)

The loading or unloading of materials from any barge or truck so as to produce a sound which is plainly audible within an applicable district between the hours of 9:00 p.m. and 7:00 a.m. or between the hours of 9:00 p.m. and 6:00 a.m. for such noise generated by businesses located in the Galt City Industrial Zone, at a distance of 50 feet or more from the real property line of the property from which the sound source is located.

However, the effective time period shall be 10:00 p.m. to 5:00 a.m. for sound generated by the loading or unloading of materials on the property of a business in preparation of delivering materials or supplies to a construction project.

(8)

The operation of stationary pumps, generators, or compressors generating noise or increased noise due to disrepair which is plainly audible within an applicable district between the hours of 9:00 p.m., and 6:00 a.m., at a distance of 50 feet or more from the real property line of the property from which the sound source is generated. This provision shall not apply to such noise generated by equipment in good repair.

(c)

Penalties. Any person violating any provision of this article shall be punished as follows:

(1)

First offense: Civil infraction of $50.00 if not contested.

(2)

Second offense: Civil infraction of $100.00 if not contested.

The maximum civil infraction if the citation is contested shall be $500.00. Civil citations shall be issued pursuant to Ord. No. 96-18 by a code enforcement officer or law enforcement officer. Due to the nature of a nuisance noise violation, a citation may be issued immediately upon failure of the violator to immediately cease and desist after the initial warning.

(3)

Third offense: Misdemeanor of the second degree punishable by a fine of no more than $500.00 and/or a sentence of not more than 60 days in the county jail. Each day that a nuisance noise exists shall constitute a separate violation of this article.

In addition to or instead of the penalties provided in subsection (a) of this section, the county may institute any appropriate action or proceeding including a suit for injunctive relief in order to prevent or abate violations of this article.

Nothing in this section shall be construed to prohibit any person from commencing a civil action on their own against any person who is alleged to be in violation of any provision of this section, nor shall this section be construed to impair any other common law or statutory courses of action or legal remedies thereunder of any person for injury or damage arising from any violation of this section or from other law.

(d)

Persons responsible.

(1)

It shall be a violation of this chapter for any owner, lessee or other person in charge of or in control of premises or a vehicle to cause, allow or permit any nuisance noise to emanate from such premises or vehicle.

(2)

Any nuisance noise made or produced on a premises or in a vehicle in which the owner, lessee or other person in control is present shall be presumed and deemed to be made and produced with the consent and permission of the said owner, lessee or other person in charge or control.

(3)

Any owner, lessee, agent, supervisor, or other person in charge of operating, ordering, directing or allowing the operation or maintenance of any device or machine creating a nuisance noise as prohibited in this article, shall be deemed guilty of violating this article.

(e)

Waivers. Applications for a waiver for a legal activity of a temporary duration which cannot be done in a manner that would comply with the provisions of this article may be granted by the board of county commissioners. Applications for waiver shall be submitted in writing.

The board of county commissioners may prescribe any reasonable conditions or requirements necessary to minimize adverse impacts upon the community.

(Ord. No. 2000-07, §§ 1—4, 4-27-00; Ord. No. 2002-12, § 1, 6-6-02; Ord. No. 2002-04, §§ 1, 2, 3-25-03; Ord. No. 2003-22, § 1, 8-14-03; Ord. No. 2005-30, § 1, 8-25-05; Ord. No. 2005-34, § 1, 10-27-05; Ord. No. 2008-09, 4-24-08; Ord. No. 2009-17, § 1, 7-23-09; Ord. No. 2009-28, § 2, 12-10-09; Ord. No. 2011-15, § 1, 6-23-11)