§ 34-40. Exemptions.  


Latest version.
  • The following uses and activities shall be exempt from the requirements of sections 34-35, 34-37 and 34-38 from the enforcement procedures in this article:

    (1)

    Cries for emergency assistance and warning calls, including any animal or bird giving a sound of danger or warning under particular circumstances reasonably requiring the need for warning.

    (2)

    Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles.

    (3)

    Parades, fireworks displays, special events and other activities for which a permit has been obtained from the city, pursuant to section 34-39, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of the permit.

    (4)

    Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, including public plazas within community development districts ("CDD plazas"), when such activities have been authorized by the public authority owning the properties or facilities or their agents; except where such publicly owned properties other than CDD plazas are under private operation pursuant to a lease or concession agreement.

    (5)

    Fire alarms and burglar alarms, bells and chimes of churches or other religious institutions; however false burglary alarms shall be subject to enforcement procedures and penalties as set forth in chapter 46, article II, of this Code.

    (6)

    Locomotives and other railroad equipment and aircraft, to the extent that city regulation is preempted by federal law.

    (7)

    Noises resulting from emergency work.

    (8)

    Any noise resulting from activities of a temporary duration permitted pursuant to section 34-39.

    (9)

    Noise generated by motor vehicles as defined in F.S. § 320.01 when operated and equipped in accordance with requirements set forth in the Florida Statutes.

    (10)

    Noise resulting from the operation of vessels when operated in compliance with the decibel limitations in F.S. § 327.65. However, noise exceeding the limitations set forth in F.S. § 327.65 shall be subject to enforcement and penalties as set forth in F.S. Ch. 327.

(Ord. No. 4136-08, § 1, 4-21-2008; Ord. No. 4591-15, § 1, 9-28-2015)