Lately, we have received numerous complaints from individuals who said they have called TPD to report “noise” violations only to be told TPD cannot do anything. This is incorrect. While there is no doubt the ordinance is confusing, the city’s noise ordinance does have enforcement provisions for law enforcement.
Sec. 12-96. – Enforcement provides that in the event TPD receives a noise complaint, the following steps are to be taken:
- TPD needs to verify the noise is in violation of the ordinance. (Section 12-94 is attached.) (Exemptions are listed in Sec. 12-95, also attached.) In order to verify the violation, TPD must have the noise meter and be at the complainant’s address. (You will need to give your name and address when making a complaint.)
- Once verified, TPD shall attempt to notify the owner of the property, or the person responsible for the sound, and tell them they are in violation of section 12-94.
- TPD shall give the individual responsible ten (10) minutes to turn the noise down to an acceptable limit. However, NO 10 MINUTE NOTICE IS REQUIRED if the property has been the subject of a complaint within the last six months to which an officer responded and there was voluntary compliance!
- If the individual turns the noise down, TPD should take no further action.
- If the noise is not turned down or if TPD cannot find the individual responsible, see below:
- The sound is not reduced:
- Issue the individual a citation. For the first offense, the fine is $150.00; $250.00 for a second violation; and $500.00 for a third and subsequent violation. It shall be a separate violation if the excessive sound continues or re-occurs, after 15 minutes, following notice of the violation being issued to the owner or individual responsible.
- TPD is refused entry or access to the property, or TPD is unable to determine the person responsible for the excessive sound:
- There is a rebuttable presumption that the property owner is responsible for the sound. TPD should issue a citation to the property owner on record with the Leon County Tax Collector by either hand-delivery or by certified mail, return receipt requested. In the event, TPD cannot give the citation by hand-delivery, immediately contact the Legal Advisor’s Office. Once the citation is received by the Office, the Legal Advisor shall mail the citation.
Urban core district shall constitute that area of the city as depicted on the map below.
(Ord. No. 15-O-37AA, § 2, 1-27-2016)
Sec. 12-94. – Maximum permissible sound.
(a) Receiving properties in Urban Core District. No person shall cause, suffer, allow, or permit the operation of any source of sound in such a manner as to create a sound level at a receiving property within the Urban Core District, as defined in section 12-93, that exceeds the sound level limits listed in Table 1.
TABLE 1
| Urban Core District | |
| Times | Sound Limits |
| 7:00 a.m. to 2:00 a.m. | not regulated |
| 2:00 a.m. to 7:00 a.m. | 55 dB(A) or 65 dB(C) |
(b) Receiving properties outside Urban Core District. No person shall cause, suffer, allow, or permit the operation of any source of sound in such a manner as to create a sound level at a receiving property, within the city limits in any section of the city which does not fall within the Urban Core District, that exceeds the sound level limits listed in Table 2. The land use (residential or non-residential as defined in section 12-93) for the complainant’s property shall determine the applicable sound limit outside the Urban Core District.
TABLE 2
| Residential Property | |
| Times | Sound Limits |
| 7:00 a.m. to 10:00 p.m. | 55 dB(A) or 65 dB(C) |
| 10:00 p.m. to 7:00 a.m. | 50 dB(A) or 60 dB(C) |
| Non-Residential | |
| Times | Sound Limits |
| 7:00 a.m. to 10:00 p.m. | 70 dB(A) or 85 dB(C) |
| 10:00 p.m. to 2:00 a.m. | 70 dB(A) or 80 dB(C) |
| 2:00 a.m. to 7:00 a.m. | 55 dB(A) or 65 dB(C) |
Sec. 12-95. – Exemptions.
The following shall be exempt from the sound level limits contained in section 12-94:
(a) Lawn mowers and yard maintenance equipment operated between 7:00 a.m. and 7:00 p.m. when operated with all manufacturer’s standard mufflers and noise-reducing equipment in use and in proper operating condition.
(b) Construction operations between 7:00 a.m. and 7:00 p.m. Monday through Saturday, and between 10:00 a.m. and 7:00 p.m. on Sunday, for which building permits have been issued, or for construction operations not requiring permits due to the scope of work or ownership of the project by an agency of government; provided all equipment is operated in accord with the manufacturer’s specifications and with all standard equipment, manufacturer’s mufflers and noise-reducing equipment in use and in proper operating condition.
(c) Nonamplified human voice.
(d) Nonamplified sounds emitting from lawful public assembly or public speaking.
(e) Sounds emitting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
(f) Sounds from safety signals, warning devices, and emergency pressure relief valves.
(g) Electrical or mechanical equipment or devices, including compressors, generators, reciprocating engines, air handlers, and HVAC units, installed on or in buildings or facilities, leased, owned or operated by governmental entities including the City of Tallahassee, Leon County, the Leon County School District, the State of Florida, Florida State University, Florida A&M University, and Tallahassee Community College.
(h) Sounds from emergency generators when there is loss of power for any cause other than non-payment of utility services.
(i) Aircraft operated in conformity with, or pursuant to, federal law, federal air regulations and air traffic control instruction.
(j) Sounds emitting from the normal operations of interstate motor and rail carriers, to the extent that local regulation of sound levels of such vehicles has been preempted by the Noise Control Act of 1972 (42 U.S.C. § 4901 et seq.) or other applicable federal laws or regulations.
(k) Sounds from the operation of motor vehicles to the extent regulated by F.S. § 316.293.
(l) Sounds emitting from organized sporting events; permitted fireworks displays; permitted parades; permitted events on public property, including public rights-of-way; or other activity or event specifically permitted by the City of Tallahassee.
(m) Sanitation operations including the unloading, emptying or collection of any waste or recycling container.
(n) Sounds emitting from vehicles or equipment owned or operated by governmental entities including the City of Tallahassee, Leon County, the Leon County School District, the State of Florida, Florida State University, Florida A&M University, and Tallahassee Community College, or their designees, when such vehicles or equipment are engaged in emergency operations, including operations during or following storms, accidents, or other catastrophes.
(o) Sounds emitting from vehicles or equipment owned or operated by governmental entities including the City of Tallahassee, Leon County, the Leon County School District, the State of Florida, Florida State University, Florida A&M University, and Tallahassee Community College, or their designees, when such vehicles or equipment are engaged in construction operations.
(p) Sounds emitting from an establishment outside the Urban Core District, that has been in continuous operation for 25 years or more, that is adjacent to residential properties and has an established use, as determined by the land use administrator, that produces sound levels at neighboring properties beyond the limits set out in section 12-94, so long as the sound levels at the property boundary of the exempt establishment do not exceed 60 dB(A) or 75 dB(C) and are limited to operations between the hours commencing no earlier than 7:00 a.m. and no later than 2:00 a.m.
(Ord. No. 15-O-37AA, § 2, 1-27-2016)