File #: 18-784    Version: 1 Name:
Type: General Business Status: Passed
File created: 10/29/2018 In control: City Commission Regular Meeting
On agenda: 11/5/2018 Final action: 11/5/2018
Title: City Code Chapter 46 Article II Division 2 - Noise Regulations
Attachments: 1. Ordinance No. 2017-13, 2. Environmental Health Perspectives Article – Noise Exposure and Public Health, 3. EPA (USA) informational flyer - Noise and its effects on children, 4. EPA (Australia) - Noise Guide for local government, 5. Noise Information And Prevention, 6. Ordinance Comparison, 7. Noise Complaint 16-1707, 8. Noise Complaint 17-00004492, 9. Current City Code Chapter 46 Article II
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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