Leaf Blowers Within the City’S Corporate Limits

AGENDA MEMORANDUM City Manager

Regular Meeting Date: October 7, 2020

To: City Council From: Dana A. Souza, Deputy City Date: Manager September 7, 2019 2020

Legislative Quasi-Judicial

SUBJECT: Public Hearing and First Reading of an Ordinance amending Chapter 22 – Environment, Article II – Nuisances, Section 37 (a) Definitions, (c) Specific noise prohibitions.

SUMMARY: City Council is asked to consider an Ordinance to amend Chapter 22- Environment, Article II – Nuisances, Section 37 (a) Definitions, (c) Specific noise prohibitions that would prohibit the use of certain leaf blowers within the City’s corporate limits.

City Council is provided with three options for amending the Ordinance.

First, City Council may consider prohibiting all gasoline powered leaf blowers and, battery and electric powered leaf blowers that exceed 65 dBA as shown on the manufacturers label affixed to the leaf blower. This option would allow contractors and residents to use only those battery and electric powered leaf blowers that have a dBA rating of 65 or less.

Second, City Council may consider prohibiting all leaf blowers that exceed 65 dBA as shown on the manufacturers label affixed to the leaf blower. This option would allow contractors and residents to use only those leaf blowers that have a dBA rating of 65 or less regardless of their power type.

Finally, City Council may give staff direction for an Ordinance amendment different from what has been proposed. If this option is preferred, staff will prepare a revised Ordinance, based upon City Council direction, for discussion at the October 21, 2020 Regular City Council meeting.

BACKGROUND: During Public Comment at the May 13, 2019, City Council Workshop, Mr. James Streicher, representing the Old Naples Association (ONA), presented a petition to City Council requesting relief from noise generated by the use of lawn (leaf, debris, etc.) blowers in the ONA area. More specifically, the petition, which included 198 electronic signatures, requested the City consider requiring contractors to use lawn blowers that do not exceed 65 decibels dBA.

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During City Council discussion, former City Councilor Reg Buxton asked that the City review options that would prohibit the use of gasoline-powered lawn blowers in the City. City Council agreed to schedule a Workshop discussion at a future date to consider ONA’s petition and Councilor Buxton’s suggestion. The City Council workshop was held on December 16, 2019.

At the December 16, 2019 City Council workshop, Council directed staff to present a text amendment that would include a 1-year lead time for landscapers to comply with equipment and decibel requirements, schedule discussions with landscape industry concerning the Ordinance amendment, and analyze enforcement issues for the Ordinance amendment. At the December 2019 workshop, staff included an option where properties exceeding one acre in size would be exempt from any Ordinance prohibiting gas powered leaf blowers. After consideration of enforcement issues, staff has not included that exemption in the current Ordinance options. This may create a hardship for contractors or property managers who maintain large properties (i.e., golf courses, parks, airport, etc.).

As previously directed, Ordinance options 1 and 2, provided for City Council consideration, propose an effective date that is one year from the date City Council approves an Ordinance at second reading.

Staff conducted an on-line survey to obtain feedback from the landscape contractors and residents. Public meetings were not held due to the COVID-19 public health emergency. Staff has considered Code Enforcement issues related to each Ordinance option.

Naples Noise Ordinance Noise is regulated under Chapter 22 – Environment, Article II – Nuisances, Section 37 Noise, of the City’s Code of Ordinances. As the Ordinance does not provide any specific regulation of leaf blower noise, regulation falls under the ‘General prohibitions.

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Noise is defined as:

The Ordinance also regulates noise of various ‘octave band levels’:

– Intentionally Left Blank –

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The Ordinance provides both simple and complex definitions and measurement of noise. The use of leaf blowers in the City continues to be a source of complaints from some residents as evident through the petition from the ONA.

Leaf blowers are used liberally by landscape professionals, homeowners, and other trades workers throughout the City. The City’s Code Enforcement Division receives few formal complaints concerning leaf blower use. When a complaint is received, more often than not, the individual using the leaf blower has stopped using the machine by the time a Code Enforcement Officer arrives at the scene. If a Code Enforcement Officer does arrive while someone is using a leaf blower, the Code Officer will check the leaf blower for proper operation to include mufflers, excessive exhaust emission, fluid leaks, etc. If the machine does not have any mechanical problems, there is nothing the Code Officer do.

The Community Services Department receives periodic complaints about the use of leaf blowers in City parks by staff and contractors.

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Old Naples Association Request for Neighborhood Specific Ordinance In their petition, the ONA requested that City Council approve an Ordinance (or similar directive) to prohibit commercial landscapers from operating leaf blowers that exceed 65 decibels only in the ONA Neighborhood. The boundaries of the ONA are shown below.

The City Attorney met with Mr. Streicher (ONA representative) and staff to discuss the ONA’s neighborhood-specific request. The City Attorney explained that any amendment to the City’s Noise Ordinance to prohibit leaf blowers only would need to apply to the entire City. A copy of the ONA petition is included in the agenda packet.

Measurement of Leaf Blower Noise The American National Standards Institute (ANSI) is a private, not-for-profit organization dedicated to supporting the U.S. voluntary standards and conformity assessment system and strengthening its impact, both domestically and internationally (source: ANSI website).

ANSI has issued ANSI B175.2-2000 (R2005) for the testing of Hand-Held and Backpack, Gasoline-Engine-Powered Blowers. The testing of leaf blowers is complex as explained in the ANSI testing standard for leaf blowers. The decibel level of leaf blowers is measured at a distance of 50’ from the source. This measurement is used by leaf blower manufacturers when marketing their equipment to potential buyers. A copy of this standard is included in the agenda item packet.

Based upon their testing, ANSI rates blowers in the following categories:

Category 1: Leaf Blowers that are rated at 65dba or lower Category 2: Leaf Blowers that are rated between 65dBa to 70dBa’s Category 3: Leaf Blowers that are rated at 70dBa and above

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ANSI B175.2-2000 (R2005) requires leaf blower manufacturers to include a label that identifies which Category and therefore the decibel rating for each leaf blower sold in the United States.

In December 208, Washington DC (DC) approved legislation that will ban the sale and use of gas-powered blowers in the City effective January 1, 2022 (3-year phase-in). An article titled, “Get Off My Lawn” appeared in the Atlantic Magazine in April 2019 and discusses leaf blower noise and the DC ban. A copy of this article is included in the agenda packet.

A Technical Note titled “Leaf Blower Noise” was developed for the DC discussion. The study measured 7-commonly used leaf blowers. Three (3) were gas-powered and 4 were battery powered. This technical note concludes with a finding that gas-powered blowers created a lower frequency noise than battery blowers and that this low-frequency noise transmitted into residential properties more easily than the noise generated by battery blowers. The Technical Note is included in the agenda packet and the conclusions are inserted below.

While the DC study and eventual legislation concluded that battery-powered blowers produced less noise than gas-powered blowers, not all battery-powered or corded electrical blowers are rated with a 65 dBA sound rating (or lower) as requested by the ONA petition.

Emissions Some cities and towns have prohibited gas-powered leaf blowers due to concerns with emissions generated from 2-stroke engines (operates on a mix of gasoline and oil). These communities either allow battery and electric-powered blowers or ban all leaf blowers regardless of the power type.

The United States Environmental Protection Agency (EPA) conducted a study in 2015 titled “National Emissions from Lawn and Garden Equipment” to study emissions from lawn and garden equipment. The study concludes that lawn and garden equipment do generate emissions and increased educational campaigns should be used to increase public awareness about generated emissions. The study is included in the agenda packet.

There are multiple articles available that discuss the concerns of emissions generated by 2- stroke engines that are used broadly throughout communities. Two articles are provided in the agenda packet. The first is from Washington University in St. Louis which discusses concerns Ethics above all else... Service to others before self... Quality in all that we do. Page 7 with 2-stroke lawn equipment. The second article is from the Sierra Club titled “Lifestyle Eco- Actions: Gas-Powered Leaf Blowers” which speaks more specifically to the concerns of using gas-powered leaf blowers.

Additionally, staff has provided a scientific paper titled “Less Noise, No Fumes – Testing Cordless Leaf Blowers” for informational purposes.

Town of Palm Beach, Florida Leaf Blower Regulation There are many cities and towns in the United States that regulate or prohibit leaf blowers. Examples of Washington DC and Burlingame, CA restrictions and prohibitions were provided in the previous section of this memorandum. The Town of Palm Beach, FL is a community that has been previously discussed with City Council as it is a Florida community that has effectively restricted the use of leaf blowers to address the concerns raised by residents.

First, Palm Beach provides a specific definition for leaf blowers and prohibits the use of gas- powered leaf blowers on any property within the Town that is less than one acre in size. This means only battery or electric-powered leaf blowers can be used on parcels under 1-acre in size whether residential, commercial, or public in use.

Second, Palm Beach prohibits the use of leaf blowers that exceed 65 decibels measured at 50 feet from the source (ANSI Standard) in any location. This means gas, battery and electric- powered blowers must all be rated at 65 decibels or less to be used within the town.

The Town phased-in compliance over a 6-month period and, the use of blowers as provided in the Town Ordinance applies to commercial operators, Town operations and residents.

Staff has discussed the effectiveness of the Town Ordinances with the Code Enforcement staff in Palm Beach. There is good compliance to the Ordinances now. Once the Town Council approved the Ordinances referenced above, educational information was sent to commercial operators and residents. Friendly enforcement (warnings) were issued after the 6-month phase-in period. Offenders were provided with a one-time warning and their information was entered into the Police CAD system. If a second offense occurred (1st official offense), the fine was $120. Fines increased for second and third offenses to $250 and $400, respectively.

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Public Engagement – On-Line Survey To obtain public input from residents and contractors, the City conducted an on-line “Leaf Blower Survey” during the month of March 2019. The COVID-19 public health emergency prevented any follow-up public meetings. The survey; however, provided good feedback for this public policy process. The City solicited responses to the survey by sending emails to landscape contractors registered with Collier County and residents through a variety of City electronic databases and communications with the Presidents’ Council.

In total, the survey received 192 responses. Respondents answered most but not all the survey questions. A copy of the full survey is included in the agenda packet.

The survey illustrates that 61 (32%) of the 192 respondents identified as contractors and 131 (68%) respondents identified as residents.

The survey asked respondents if they supported amending the City Ordinance to allow only battery powered leaf blowers that have a decibel rating of 65 dBA or lower, 107 (55.7%) responded yes and 85 (44.27%) responded no.

Landscape Contractor Concerns: In general, landscape contractors who service properties in Naples do not support prohibiting equipment they use and need to perform their work efficiently and effectively. Landscapers are concerned that prohibiting leaf blowers with a dBA rating over 65 that they currently own, will increase their costs that will be passed along to customers and result in higher fees to manage the same property.

Landscape contractors are also concerned with the option that prohibits the use of gasoline leaf blowers in favor of battery and electric leaf blowers (Option 1). Electric leaf blowers (rated at or below 65 dBA) may be sufficient for homeowners, but they are not a viable option for landscape contractors. Battery powered leave blowers (rated at or below 65 dBA) have a higher upfront cost than gasoline powered leaf blowers because of the cost of backup batteries. The lifetime costs of battery powered leaf blowers, however, are lower than the lifetime costs of gasoline powered blowers. A representative from Stihl will provided City Council with additional information concerning lifetime costs of leaf blowers. The agenda packet includes information on equipment cost and Stihl battery run times.

The City’s survey asked landscape contractors and residents who own a leaf blower to estimate how much it would cost to purchase compliant equipment (rated at or below 65 dBA). Approximately 16% of the respondents believe their compliant equipment costs would range between $5,000 and over $10.000.

As illustrated in the survey results (Question 9), landscape contractors and residents who own a leaf blower favor the longest possible lead time for their companies to purchase equipment that would comply with any Ordinance amendments approved by City Council. The survey results are included in the agenda packet.

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Options to Consider: 1. Amend Ordinance to prohibit the use of gasoline-powered leaf blowers within the City and restrict the use of electric or battery powered leaf blowers to those that do not exceed 65 dBA.

2. Amend Ordinance to prohibit the use of leaf blowers that exceed 65 dBA. This allows for the use of gasoline, electric or battery powered leaf blowers within the City.

3. Other – As may be recommended by City Council and reschedule first reading for an Ordinance amendment at a future City Council meeting.

Potential Impact of Options 1. Amend Ordinance to prohibit the use of gasoline-powered leaf blowers within the City and restrict the use of electric or battery powered leaf blowers to those that do not exceed 65 dBA.

o Potential Impact - Prohibiting the use of gasoline-powered leaf blowers will require contractors to replace equipment and purchase backup batteries so they may perform their required work within the parameters of a revised Ordinance. • This cost could be mitigated by making the effective dated of the Ordinance 1-year from approval at 2nd reading. Assuming landscape contractors replace leaf blowers periodically, contractors can begin the acquisition of battery-powered leaf blowers in advance of an effective Ordinance date. • Staff has spoken with a representative of Stihl equipment. Staff was informed that the upfront cost of purchasing battery-powered blowers and batteries is more expensive than gas blowers; however, the life cycle cost of battery-powered blowers is less than gas blowers.

2. Amend Ordinance to prohibit the use of leaf blowers that exceed 65 dBA. This allows for the use of gasoline, electric or battery powered leaf blowers within the City.

o Potential Impact - Allowing the use of gasoline-powered leaf blowers would not address the concerns of residents who raise concerns over the use of emissions generated by gasoline powered leaf blowers.

o Potential Impact - Prohibiting the use of gasoline-powered leaf blowers with a decibel rating of 65 decibels or less will require commercial landscape contractors to replace equipment. • This cost could be mitigated by making the effective dated of the Ordinance 1-year from approval at 2nd reading. Assuming landscape contractors replace leaf blowers periodically, contractors can begin the acquisition of blowers with a maximum decibel rating of 65 decibels or less in advance of an effective Ordinance date.

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Application City Attorney Jim Fox recommends that any changes recommended by City Council apply city- wide. It would not be feasible to enforce an Ordinance that is specific to the ONA area of the City or any other neighborhood association area.

The Ordinance amendments drafted for consideration would apply to contractors and residents alike.

Code Enforcement Code Enforcement Manager Karla Gibbs has contributed to the development of the Ordinance options presented to City Council. The following information provides some insight from Code Enforcement.

(1) Prohibiting gasoline leaf blowers (Option 1) can be easily enforced when Officers observe a gasoline leaf blower in use or when they receive a complaint about a gasoline leaf blower from residents.

(2) Requiring leaf blowers to have the manufacturers label affixed to the machine allows Officers to check the label for compliance with the Ordinance when complaints are received.

(3) When responding to complaints about leaf blowers, the equipment user may have left the area or put the equipment away which may complicate enforcement efforts.

(4) The City will need to create educational information concerning an Ordinance amendment so residents, contractors and property managers can acquire equipment (if needed) that complies with the Ordinance. An example of Saratoga, CA informational brochure is included in the packet. The City of Saratoga

Leaf Blower Labels Both Option 1 and 2 proposed that leaf blowers used in the City cannot “exceed a decibel level of 65 dBA as shown on the manufacturers label affixed to the leaf blower”. The manufacturers label shows the leaf blower has been tested in accordance with ANSI B175.2 and the decibel rating printed on the label represents the decibels generated 50 feet from the point of operation.

As previously stated, the ANSI B175.2 ratings are:

Category 1: Leaf Blowers that are rated at 65dba or lower Category 2: Leaf Blowers that are rated between 65dBa to 70dBa’s Category 3: Leaf Blowers that are rated at 70dBa and above

Some labels may only show the decibel category for the leaf blower, only show the decibel rating, while others may show both the dBA rating and the Category. Examples of labels are shown below.

The following statement is from the Echo publication titled “A Training Manual in the Proper Use of Leaf Blowers” which speaks to the effectiveness of noise ordinances that rely on labels to enforce the use of ‘quiet’ leaf blowers.

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“If there must be an ordinance, here’s one that works. Require landscapers and homeowners to use only “Quiet” leaf blowers. What is a “Quiet” blower? It’s one that is at least 70 dB(A) or less according to the ANSI Standard, B-175.2. Sixty-five is better, but really not necessary in most cases since the whine generated by the fan is no longer an issue. This type of ordinance is easy to enforce and therefore complied with voluntarily by landscapers. Why? Because the manufacturer marks “Quiet” leaf blowers with its sound level per the industry Standard. This allows the police to simply stop and look at the product at any time convenient to them, in order to catch violators. No need to wait for a complaint. No need to rush across town to catch a violator in the act.”

An example of a leaf blower label, showing the dBA rating of a leaf blower is shown below. Other examples are provided in the agenda packet.

While the ANSI Standard B-175.2 is required for gasoline powered leaf blowers, most manufacturers provide the same label on battery powered leaf blowers such as the Stihl BGA 100 shown above. However, other manufacturers of battery powered leaf blowers do not include a dBA rating on their equipment such as the Greenworks GBB 700 label shown below. Based on the Ordinance options provided for this discussion, the Greenworks leaf blower could not be used within the City limits.

Fines The Ordinance currently provides for the following fines for violations of the Ordinance:

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“A violation of this section is a non-criminal infraction, and the civil penalty is $100.00 for the first offense and $500.00 for each subsequent offense occurring within one year after a finding of violation of the previous offense or a plea of no contest.”

Staff has not recommended any changes to the fines for violations.

Industry Presentation Michael Surrena, Stihl Southeast District Manager for Florida will present information to City Council concerning both gasoline and battery powered blowers. Mr. Surrena was recommended to City staff by the Town of Palm Beach. After speaking with Mr. Surrena staff believes he can provide valuable technical information for this discussion. Mr. Surrena’s presentation is included in the agenda packet.

Notes: 1. The use of decibels, dBA, dBA, etc., are all considered to be the same and are interchangeable for the purposes of this discussion.

MASTER PLAN/CAPITAL IMPROVEMENT PROJECT: Vision Plan: This project serves to meet the following goals from the adopted 2007 Vision Plan:

1. Preserve the Town’s distinctive character and culture – Core Goal 2. Maintain an extraordinary quality of life for resident – Critical Element Goal

RECOMMENDED ACTION: 1. Conduct Public Hearing and discussion. 2. Approve First Reading of an Ordinance amending Chapter 22 – Environment, Article II – Nuisances, Section 37 (a) Definitions, (c) Specific noise prohibitions. Options for City Council to consider for Ordinance amendments include:

1. Prohibit all gasoline powered leaf blowers and, battery and electric powered leaf blowers that exceed 65 dBA as shown on the manufacturers label affixed to the leaf blower.

a. Ordinance would be effective one-year from the date approved by City Council at 2nd reading. (Option 1 in packet) b. This option would allow contractors and residents to use only those battery and electric powered leaf blowers that have a dBA rating of 65 or less.

2. Prohibit all leaf blowers exceed 65 dBA as shown on the manufacturers label affixed to the leaf blower. (Option 2 in packet) a. Ordinance would be effective one-year from the date approved by City Council at 2nd reading. b. This option would allow contractors and residents to use only those leaf blowers that have a dBA rating of 65 or less regardless of their power type.

3. City Council may give staff direction for an Ordinance amendment different from what has been proposed. Ethics above all else... Service to others before self... Quality in all that we do. Page 13

a. If this option is preferred, staff will prepare a revised Ordinance, based upon City Council direction, for discussion at the October 21, 2020 Regular City Council meeting.

Ethics above all else... Service to others before self... Quality in all that we do. Ordinance - Option 1 Agenda Item Meeting of 10/7/2020

ORDINANCE 2020-

AN ORDINANCE RELATING TO LEAF BLOWER USE, AMENDING CHAPTER 22, ENVIRONMENT, ARTICLE II, NUISANCES, SECTION 22-37, NOISE; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION, AND AN EFFECTIVE DATE.

WHEREAS, the City of Naples regulates Noise as specified in Chapter 22, Article II, Section 37, Code of Ordinances; and

WHEREAS, residents have petitioned City Council asking for relief from excessive noise generated by certain leaf blowers that unreasonably interferes with resident’s customary use and enjoyment of their property; and

WHEREAS, City Council desires to prohibit the use of certain leaf blowers within the City’s corporate limits to mitigate excessive noise that is generated by certain leaf blowers;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA:

Section 1. That Section 22-37, Noise, of the Code of Ordinances, City of Naples, is hereby amended to read as follows (with underlining indicating additions and strikethrough indicating deletions):

Chapter 22 – ENVIRONMENT

. . .

ARTICLE 11. – NUISANCES

. . .

Sec.22-37. - Noise.

(a) Definitions.

A-weighted level (dBA) means the total broad band sound level of the noise spectrum as measured using the "A-weighted network" of a sound level meter (SML). The unit of measurement is the dBA. All sound level meter settings will shall be for slow response, except for impulsive noise measurements which will shall be fast response.

Ambient sound means the all-encompassing sound associated with a given environment, being usually a composite of sounds from many sources near and far. For the purposes of this section, ambient sound level is the level obtained when the sound level is averaged over a period of at least 15 minutes without inclusion of sound from occasional or occasional and transient sources, at the location and time of day near that at which a comparison is to be made.

Amplified sound means sound augmented by any electronic means that increases the sound level or volume.

Decibel (dB) means a unit for describing the amplitude of sound, equal to 20 times the Ordinance 2020- Page 2

logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter.

Impulsive sound means a noise which is characterized by brief excursions of sound pressure which significantly exceed the ambient sound level.

Leaf Blower means any air blowing machine that uses a concentrated stream of air to push, propel, or blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse, or debris.

Nearest adjacent property line means the property line closest to the noise source.

Noise, or noise disturbance, means any sound that: (1) Exceeds the maximum permitted sound levels set out in Table 1 of this section; or (2) Is loud and raucous so as to unreasonably disturb, injure, or endanger the comfort, repose, health, peace, tranquility, or safety of reasonable persons of ordinary sensibilities; (3) Constitutes a breach of the peace or a public nuisance; (4) Is plainly audible at a distance of 25 feet or more from the property line; or (5) With respect to vehicles and vessels, is plainly audible at a distance of 25 feet from the noise source.

Non-residentially zoned areas means those zoning districts which are not zoned primarily for single-family or multifamily use. Non-residentially zoned areas include all commercial, industrial, public service, PD for commercial uses, and other districts which permit nonresidential uses.

Octave band means all of the components in a sound spectrum whose frequencies are between two sine-wave components separated by an octave.

Property line means an imaginary line exterior to any enclosed structure, at the ground surface, which separates the real property owned by one person from that owned by another person, and its vertical extension.

Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone will shall exist if the one-third octave band sound pressure level in the band with the tone exceeds arithmetic value of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.

Receiving property means the property which is receiving the noise.

Sound means an oscillation in pressure, stress, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity, and frequency.

Sound amplifying equipment means any machine or device for the amplification of human voice, music, or any other sound.

Sound level meter means an instrument to measure the sound pressure level of relatively continuous and broadband noises. The sound level meter used to determine compliance with this section must shall meet or exceed the requirements for Type 2 sound level meter in accordance with ANSI Standard S1.4. Ordinance 2020- Page 3

(b) General prohibitions.

(1) It will shall be unlawful and prohibited for any person to make, continue, or cause to be made or continued any noise, as defined in this section, or to create any noise disturbance within the limits of the city. (2) It will shall be unlawful and prohibited for any person owning or in possession of any building or premises to use, allow the use, or rent the same for any business or residential use, or for any purpose of pleasure or recreation if such use makes, continues, or causes to be made or continued, any noise, as defined in this section, within the limits of the city.

(c) Specific noise prohibitions. The following acts, where meeting the definition of noise above, are declared to be examples and prima facie evidence of noises that constitute a noise disturbance, breach of the peace, and public nuisance:

(1) Radios, audio or visual equipment, sound equipment, sound amplification devices, exterior loudspeakers, musical instruments and similar devices. Operating or permitting the use or operation of any radio, musical instrument, audio or visual equipment, sound amplification devices, exterior loudspeaker, or other device for the production or reproduction of sound in such a manner as to cause noise. The operation of any such device for the production or reproduction of sound: a. Between the hours of 10:00 p.m. and 7:00 a.m. must shall be controlled so that it is not loud or disturbing or a nuisance to persons within the area of audibility, or b. At any time with louder volume than is necessary for convenient hearing for persons who are in the same dwelling unit of any multiple dwelling in which such device is operated, will shall be deemed prima facie evidence of a violation of this section.

Radios, audio systems, and similar devices associated with motor vehicles or motorboats, shall not be operated in such a manner as to create noise that is plainly audible at 25 feet or more from such device, when operated on a public right-of-way, waterways, beaches, or public space.

(2) Engine mufflers. Operating any internal combustion engine, including such an engine associated with a motorboat, or motor vehicle without a muffler. or other device at least as effective as that installed as original equipment by the manufacturer, which will effectively prevent loud or explosive noises therefrom. (3) Motor vehicle, motorcycle, or motorboat repair in residential areas. The noncommercial repairing, rebuilding, modifying, or testing of any motor vehicle, off-road vehicle, or motorboat within or abutting any residential land use designation in such a manner as to create noise across a real property line between the hours of 10:00 p.m. and 7:00 a.m. (4) Activities near in the vicinity of schools, churches, and health care facilities. Creating noise on any street adjacent to any school, church, or health care facility, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in a health care facility. (5) Peddling, hawking, or vending. Peddling, hawking, or vending, including shouting, crying out by peddlers, hawkers, or vendors along or on a Ordinance 2020- Page 4

roadway. (6) Yelling, shouting. Yelling, shouting, hooting, whistling, singing, or the making of similar noises, and loud, boisterous conduct other than normal conversation at reasonable levels, inside of or on the grounds of any public or private property between the hours of 10:00 p.m. to 7:00 a.m., that so as to annoys or disturbs the quiet, comfort, or repose of other persons or create a disturbance. (7) Horns, signal devices. Sounding of any horn or audible signal device of any motor vehicle, boat, engine, or machine of any kind while not in motion, nor will shall such horn or signal device be sounded under any circumstances except as required by law, or as a danger warning, nor will shall it be sounded for any unnecessary or unreasonable period of time. (8) Air conditioning units and other mechanical equipment including, pool or spa heaters and pumps, and regularly-used generators, irrigation pumps, and exhaust fans. Operating any noise creating fan or blower, air conditioner, compressor unit, pool heaters, pool pumps, heat pumps, or the electric motor or any engine used to drive such device, the operation of which causes excessive and unnecessary noise, unless such noise is muffled and deadened by adequate noise compression and muffling devices to minimize annoyance and disturbance to persons within range of hearing. Noise will shall be presumed excessive if it exceeds decibel limitations prescribed in Table 1 when measured at the property line of the receiving property. Mechanical equipment installed before December, 2006 shall not exceed 60 decibels (dBA). (9) Drums, cymbals, musical instruments, and loudspeakers. Creating, making, or maintaining any noise by the use of any drum, cymbals, loudspeaker, or other similar instruments in the city for the purpose of attracting attention to any performance, show, sale, or display of merchandise, or place of business. This provision shall not apply to permitted special events. (10) Bells or sirens on vehicles. Using, in connection with an unauthorized vehicle, any bell or siren similar to that used on ambulances or vehicles of the sheriff, fire departments, and other public safety agencies. (11) Skateboard ramps. Using any skateboard ramp or similar configuration for skateboarding or rollerblading between 10:00 p.m. and 7:00 a.m. in a residential land use designation in such a manner that results in noise across a real property line. (12) Powered model vehicles. Operating or permitting the operation of powered model vehicles in such a manner as to create noise across a real property line between the hours of 9:00 p.m. and 7:00 a.m. (13) Animal noises. Allowing an animal to habitually bark, whine, howl, squawk, screech, or cause any other noise which is objectionable due to pitch, frequency, duration, or timing. (14) Lawn, landscape, and tree maintenance. Permitted days and hours of operation for lawn and landscape maintenance, tree trimming, and tree removal. Lawn and landscape maintenance activities, tree trimming activities, and tree removal activities may be conducted only during the following hours, Monday through Sunday except New Year's Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day: a. Monday through Friday hours of operation: 1. In residential areas: 7:30 a.m. to 5:30 p.m. 2. In nonresidential areas: 6:30 a.m. to 5:30 p.m. b. Saturday hours of operation: Ordinance 2020- Page 5

(165) Outdoor live entertainment. Providing outdoor live entertainment, as authorized in section 56-125 of the Code of Ordinances. a. In such a manner as to create noise as defined in this section as measured at the receiving property or a substantially similar location. (d) Exemptions. The following noises will shall be exempt from the restrictions set forth in the other sections of this article: (1) Noises of authorized safety signals and warning devices. (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call, or acting in time of emergency, or any other public safety operation. (3) Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger. (4) Noises incidental to and necessary for city approved solid waste collection equipment, public works construction and maintenance; and police or fire training. a. The city manager, may grant a waiver, may prescribe any reasonable conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. b. A waiver may be given upon finding that it will not unreasonably disturb, injure, or endanger the comfort, repose, health, peace, or safety of any affected persons because it is temporary in nature, adjacent property owners do not object, or for necessity or unavoidability. c. Waivers may be issued for no longer than 30 days, renewable by further application to the city manager. Ordinance 2020- Page 6

(5) City maintenance activities and equipment operation within public service zoning districts, whether performed by city staff or a city contractor, may take place between the hours of 8:00 a.m. and 4:00 p.m. on Sunday. (6) City maintenance activities and equipment operation at public beach access areas, whether performed by city staff or a city contractor, may take place between the hours of 7:30 a.m. and 4:00 p.m. on Saturday and Sunday. (7) Golf course maintenance activities and equipment operation within the city is not restricted during the hours listed in subsection 22-37(c)(14). (8) Lawn and landscape maintenance equipment may be used within the Fifth Avenue south special overlay district and the Third Street commercial area special overlay district between the hours of 8:00 a.m. and 4:00 p.m. (9) Special event permit holders may use lawn and landscape maintenance equipment after the afternoon hours listed in subsection 22-37(c)(14) to clean up special event areas provided the cleanup is performed expeditiously and immediately after the event ends. (e) Octave band levels. In addition to the noise limitations listed in this section, for any source or sound that can be detected on a receiving property, when measured at the nearest point of the property line of the receiving property, the maximum allowable sound level limit for the individual octave bands must shall comply with Table 1. In no case will shall the noise level on the premises of any other occupied property measured at a point on the nearest adjacent property line closest to the noise source, or if a condominium, apartment house, duplex, or attached business, within any adjoining unit, exceed the ambient noise level by more than five decibels.

Table 1 Octave Residential Site or Non- Residential Site or Manufacturing, Band Unit* Unit* Industrial, or Center Agricultural Site Frequency Day Night Day Night or Unit* (in Hertz.) 7 a.m.— 10 p.m.— 7 a.m.— 10 p.m.— 10 p.m. 7 a.m. 10 p.m. 7 a.m.

31.5 69 64 74 69 79

63 69 64 74 69 79

125 66 61 71 66 76

250 62 57 67 62 72

500 58 53 63 58 68

1,000 53 48 58 53 63

2,000 49 44 54 49 59

4,000 46 41 51 46 56 Ordinance 2020- Page 7

Octave Residential Site or Non- Residential Site or Manufacturing, Band Unit* Unit* Industrial, or Center Agricultural Site Frequency Day Night Day Night or Unit* (in Hertz.) 7 a.m.— 10 p.m.— 7 a.m.— 10 p.m.— 10 p.m. 7 a.m. 10 p.m. 7 a.m.

8,000 42 37 47 42 52

DBA 60 55 65 60 70

* These uses pertain to the receiving site.

(f) Enforcement and penalties. A violation of this section is a non-criminal infraction, and the civil penalty is $100.00 for the first offense and $500.00 for each subsequent offense occurring within one year after a finding of violation of the previous offense or a plea of no contest. It is also enforceable and punishable as provided in subsections 1-15(b), (c), (d) and (e) of this Code. In addition, if a permit for live entertainment, a special event, or extended hours has been issued and the permit holder or person acting under the permit, violates this section, the permit is subject to revocation or non-renewal.

Section 2. That if any word, phrase, clause, subsection, or section of this ordinance is for any reason held unconstitutional, invalid, or ineffective, the same will not affect the validity of any remaining portions of this ordinance. In such event, the pre-existing word, phrase, clause, subsection, or section, will be revived.

Section 3. That all sections or parts of sections of the Code of Ordinances, City of Naples, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict.

Section 4. This ordinance will take effect immediately upon adoption at second reading.

APPROVED AT FIRST READING THIS 7TH DAY OF OCTOBER 2020.

SCHEDULED FOR SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA THE 21ST DAY OF OCTOBER 2020.

Attest:

Patricia L. Rambosk, City Clerk Teresa Heitmann, Mayor

Approved as to form and legality:

James D. Fox, City Attorney Date filed with City Clerk:______Ordinance - Option 2 Agenda Item Meeting of 10/7/2020