63854583.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION: N/A Noise Ordinance Enforcement PRIOR REVISIONS 11/28/05, 08/21/08,01/19/10, PROPONENT UNIT 05/26/15.06/19/17, 05/18/23 Patrol Operations Bureau ATTACHMENT: 1 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 40.26 07/01/98 02/10/2025 7 I. PURPOSE: This Order establishes guidelines for the enforcement of the City’s noise ordinance. II. POLICY: The Department shall utilize its resources, while acting within the scope of its authority delineated in Chapter 15 of the City Ordinance, to prevent, abate, and control noise violations in a fair and impartial manner within the City of Gainesville. III. DEFINITIONS: A. Plainly Audible: Any sound or noise produced by any source, or reproduced by a radio, tape player, television, CD player, electronic audio equipment, musical instrument, sound amplifier or other mechanical or electronic sound-making device, or non-amplified human voice that can be clearly heard by a person using his/her normal hearing faculties, at a distance of 200 feet or more from the real property line of the source of the sound or noise. B. Noise Disturbance: Any sound that: 1. Disturbs a reasonable person of normal sensitivities; 2. Exceeds the sound level limits set by City Ordinance; and/or 3. Is plainly audible as defined in this section. C. Reasonable Time: When the limits of Table I and Table I-A in section 15-3(b) of the City Ordinances are exceeded or for a radio, tape player or other mechanical sound-making device or instrument within a motor vehicle is instantly. Otherwise, absent special a circumstance, “reasonable time” is 15 minutes in the case of non-vehicular sound emitters and two calendar days for vehicular sound emitters. IV. PROCEDURE: All procedures shall be followed in compliance with Chapter 15 of the City Ordinances. https://library.municode.com/fl/gainesville/codes/ code_of_ordinances?nodeId=PTIICOOR_CH15NO_S15- (Copy and paste into browser). A. Assessing Noise Disturbance Complaints:\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT 1. Assessment without a Sound-Level Meter (Plainly Audible): Officers may enforce violations of the noise ordinance without a sound level meter using the following guidelines established by Chapter 15 of the City Ordinance: i. The sound must be plainly audible. The officer does not need to determine particular words or phrases being said or produced, or the names of songs, etc. for the sound to be plainly audible. The detection of a rhythmic bass reverberating type of noise or sound is sufficient to constitute a plainly audible noise or sound. ii. The primary means of detection shall be normal, unenhanced hearing faculties (e.g. no hearing aid). iii. The officer must have a direct line of sight and hearing to the real property of the sound source so that the source and distance can be readily identified. a. If the officer is unable to obtain a direct line of sight and hearing to the real property of the source of sound, the officer shall confirm the source by approaching the location of the suspected source until he/she establishes a direct line of sight and hearing, and identifies the same sound he/she heard from the original location of assessment. b. The officer must measure a minimum distance of 200 feet away from any real property line of the source, and make an assessment from that location. Officers must make every effort to accurately measure 200’, and be able to describe their method of measuring. ‘Pacing’ is the most practical method to determine distance without a tape measure. 2. Assessment with a Sound- Level Meter: When enforcement action is taken for noise suspected of exceeding sound decibel limits, the sound must be measured / assessed with a sound-level meter by a certified operator and in accordance with Chapter 15 of City Ordinance: i. The operator shall, to the extent practicable, identify all sources contributing sound to the point of measurement. ii. Measurements shall be taken at any point on the property, onto which the sound is being transmitted. In the case of multiple occupancy, the measurement may be made at any point inside the premises to which any complainant has right of legal privacy. iii. The sound level meter shall be field-calibrated before and after each set of measurements and at least once per hour during measurement. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT a. The certified operator is responsible for all settings, calibrations, battery testing/ replacements, adjustments, and other actions to ensure that accurate and defensible measurements are taken. b. The City requires that sound be measured using an A-weighting network unit of measure [dB(A)]. iv. Outdoor measurements shall not be made: a.When the wind speed exceeds 12 miles per hour (including gusts). b.Without a properly attached wind screen. c. Under any condition which exceeds 90% humidity (rain, snow, fog, or condensation). d. Outside the parameters set forth in the meter’s operating manual. v. The microphone shall be positioned so as not to create any unnatural enhancement or diminution of the sound. vi. The sound shall be measured at least 3 feet away from any ground, wall, floor, ceiling, roof or other plane surface. vii. Readings shall not be taken near radio or television transmission towers, electrical transformers, or power lines. viii. The slow meter response of the sound level meter shall be used to best determine the average amplitude. ix. The calibrator must be re-calibrated at least once per year and the sound-level meter must be re-certified at least once every two years by the manufacturer or a calibration lab with a working standard directly traceable to the National Institute of Standards and Technology. 3. Noise Disturbing a Reasonable Person of Normal Sensitivities (For instances where the noise is not necessarily plainly audible, is no longer audible or measurable by a meter): [CALEA 82.2.2.a.b] i. Responsibilities of the Complainant: a. The person who is disturbed by the sound or noise must call the complaint in through dispatch. b. The complaint must be made at the time of the disturbance or within a reasonable time period after the fact. c. Law enforcement will investigate the noise complaint. d. Law enforcement shall sign the warning/citation if probable cause exists. i. Citizens are no longer allowed to sign the warning/citation. 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT ii. Investigating Officer’s Responsibilities:[CALEA 82.2.2.c/d] a. The officer will investigate the complaint and if probable cause exists that the noise is a disturbance to the complainant, an Alachua County Warning Notice to Correct Violation will be issued to the persons causing the noise disturbance. The officer shall include the Combined Communications Center Incident Number in the notes section of the Warning Notice. b. If corrective action is not taken within a reasonable time, or if the noise is abated and then reoccurs, the officer may: 1). Complete and forward a sworn complaint. 2). Issue a Civil Citation. The officer shall include the Incident Number in the notes section of the Civil Citation. c. If the noise disturbance is caused by an animal, the noise will be considered to be unabated, or abated and reoccurring; if the officer hears the same noise after more than 10 minutes have elapsed since issuing a warning notice. The officer may then issue a citation for the violation. d. Loud Vehicle Stereo Violations: Officers may conduct a traffic stop on a vehicle they determine to be causing a noise disturbance, as defined by City Ordinance 15.3. Officers shall choose the appropriate clearance code (either J3C or J4C) at the conclusion of the traffic stop. There is a "Loud Car Stereo Enforcement Guide" provided on the GPD Intranet page. The Officer may issue the driver of the vehicle (and owner of the vehicle, if present) a City of Gainesville Noise Warning Notice to Correct Violation o