TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: City Code Chapter 46 Article II Division 2 - Noise Regulations
Recommended Action
Direct staff to bring an Ordinance Amending City Code Chapter 46 Article II Division 2 removing the exemption (a) from section 46-42(13)
Background Information
On October 10, 2017 the City Commission approved Ordinance No. 2017-13 (attachment 1), as initiated and proposed by staff, which provided for an exemption to Chapter 46, Article II, Division 2 related to noise for pumps, air conditioning and air handling equipment in planned developments with certain side setbacks. Since the ordinance was adopted, additional information became available regarding the effects of the change in the code leaving people in planned developments without noise protection as is afforded to residents throughout the city. There was a consensus to continue at a Special Meeting in May to discuss changes, and for Staff to bring back: (1) ways to prevent noise, (2) examples of decibel readings, (3) other area ordinances for planned developments, (4) check the complaint for what happened and how it was measured, (5) bring back the original and amended ordinance to compare.
At the May 8, 2018 Commission meeting the item for discussion was presented regarding the noise ordinance along with the information requested by Commission. A motion was made to direct staff to bring back an ordinance removing section 46-42(13)(a) from the current language and adding language to address the requirement for use of muffling devices, if necessary, and/or adequate sound barriers, if necessary, to comply with the decibel limitations for air conditioning units, pool pumps, and other mechanical equipment, and also adding that they must be operating in accordance with the manufacturer specifications. The motion failed due to a tie vote 2-2 with only 4 members of the Commission present at that meeting.
It is ...
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