CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 4. Noise

Noise can be intrusive, distracting and even uncomfortable in certain situations. The City of Florence originated this article with the intent to protect individuals from unreasonable intrusions caused by excessive, unnecessary or unusually loud noises.

(Prior Code 10-1701; Code 2023)

No provision of Sections 11-401 thru 11-407 shall be construed to limit or abridge the rights of any person to speak, peacefully assemble and express opinions; it is the purpose of this article to protect individuals from unreasonable intrusions caused by excessive unnecessary or unusually loud noises.

(Prior Code 10-1702; Code 2023)

(a)   It shall be unlawful for any person to make, continue, maintain or cause to be made or create any excessive, unreasonable or unusually loud noise which disturbs, injures, endangers health, peace or safety of other people or ordinary sensitivity within the vicinity of the noise;

(b)   It shall be unlawful for any person to use, operate or permit the use or operation of any electrical device, radio, receiving set, television, musical instrument, phonograph or other machine for the producing or reproducing of sound in such manner as to disturb the peace, of the neighboring inhabitants of ordinary sensitivity.

(c)   No person shall participate in or be in any party or gathering of people from which sound at a sufficient volume so as to disturb the peace, quiet or repose of the neighboring inhabitants of ordinary sensitivity.

(1)   A police officer may order all such persons present at such gathering to immediately disperse from the vicinity of any such party or gathering charged under this article; provided; however, owners or tenants are not required to leave their own dwelling unit. Owners or tenants residing in the dwelling unit where the party occurs shall, upon request of a police officer, cooperate fully in abating the disturbance and failing to do so shall be in violation of this article.

(Prior Code 10-1703; Code 2023)

No person or persons operating or occupying a motor vehicle on any street, highway lot or driveway shall operate or permit the operation of any sound amplification system in or upon the vehicle so that the sound is audible at a distance of fifty (50) feet or more from the vehicle. Nothing in this article shall require the witnessing law enforcement officer to measure the distance from the officer to the allegedly offending vehicle prior to the issuance of the citation.

(a)   Section 11-404 can result in a traffic ticket with a minimum fine of $50.

(b)   Exemptions of this section are included in section 11-406.

(Prior Code 10-1704; Code 2023)

For the purpose of this article, the term neighboring inhabitants includes those persons in single family dwellings, multiple family dwellings, boarding house rooms, hotel rooms or motel rooms within the vicinity of the noise.

(Prior Code 10-1705; Code 2023)

The following situations are exempt from noise ordinance regulations:

(a)   Emergency work necessary to restore property to a safe condition or to promote property from eminent danger;

(b)   Emergency vehicles;

(c)   Alarm systems;

(d)   Trash and waste pickup operations;

(e)   Aircraft or railroads;

(f)   Noise resulting from the activities of a temporary duration planned by schools, governmental or community groups;

(g)   Air conditioners and lawn care equipment;

(h)   Construction operations; and

(i)    Church bells and campanile chimes.

(j)    Loud sound amplifications devises used for:

(1)   Public safety

(2)   Emergency situation

(3)   Authorized public events

(Prior Code 10-1706; Code 2023)

Violation of this article shall be a Class C misdemeanor.

(Prior Code 10-1707; Code 2023)