26Feb/100
We Are Now 100 Strong!
Posted on February 26th, 2010 by roselynThe Regency Park Neighborhood Watch, Inc. has just reached a milestone! We now have 100 background checked members!
THANK YOU! To all of our dedicated members! With your active participation we can make our neighborhood crime free and safer for all who live here.
21Feb/100
Mid-February 2010 Newsletter
Posted on February 21st, 2010 by roselynRegency Park Neighborhood Watch, Inc.
Mid-Month Newsletter
February 2010
March 2nd Meeting (6:30 pm)
- The ECSO will give a presentation on gangs in Pensacola.
- Commissioner Robinson will also attend.
- PLEASE – Commissioner Robinson would like to know ahead of time if we have specific issues to discuss with him so that he can arrive prepared with information to give us. Please e-mail me at
Website
- Reports of suspicious/criminal activity thus far in February are posted on the website.
- The reports include an attempted home break-in.
- Also posted on the website:
- Escambia County Park Use Ordinance
- Escambia County Noise Ordinance
- January crime stats are posted on the website.
Regency Park
- If you notice people in the park during the time it is closed please call the Sheriff’s Office at 436-9620 and request a deputy enforce the County ordinance closing the park.
- By County ordinance the park is closed from sunset to sunrise.
Sign Language Interpreter
- Once again we will have a sign language interpreter at our March meeting.
Yard Spruce-up Committee
- Will meet 15 minutes prior to the regular March 2nd meeting (6:15 pm).
- Please contact John C if you want to participate and have not yet contacted him.
Benefit Garage Sale
- We need to know if you plan to participate!
- If you don’t have a lot of items join forces with other members on your street.
- The latest membership list by street is on the website.
- Let Lynda K know if you plan to participate so that we can advertise appropriately.
T-shirts
- Two size large t-shirts at $13.60 each are available for members to purchase.
Thank you and I’m looking forward to seeing all of you at the March 2nd meeting!
Roselyn Johnson, President RPNW
20Feb/100
Attempted Break-in
Posted on February 20th, 2010 by roselynFriday night on Tradewinds there was an attempted home break-in. The attempt was through the back door while the homeowner was in the house. The break-in was unsuccessful and the ECSO responded.
Please see "Protecting Your Home" under Resources for tips on securing your home against criminals.
Please keep watch up and down your street or while performing walking/driving patrols for persons acting suspiciously. Report the suspicious activity to the ECSO at 436-9620.
18Feb/100
Vandalism on Cessnock
Posted on February 18th, 2010 by roselynFrom a comment received on yesterday's post it looks like TWO homes on Cessnock are being subjected to this vandalism. Everyone, please keep an eye out for the car driving on people's lawns and report it to the ECSO when you see it.
17Feb/101
Vandalism
Posted on February 17th, 2010 by roselynA home on Cessnock has had a car drive onto the lawn and cause damage twice in the past three weeks. The second time occurred during the day today and the car was identified as a red sports car. The ECSO has been contacted.
If anyone sees vandalism please get as much identifying information as possible about the vandals and call the Sheriff's Office at 436-9620 to report it. Also, please be on the look out for this particular vandal.
12Feb/100
Escambia County Park Ordinance Posted
Posted on February 12th, 2010 by roselynThe Escambia County municipal code for parks has been posted under Regency Park in the list to the right.
12Feb/100
Escambia County Park and Rec. Area Ordinance
Posted on February 12th, 2010 by roselynARTICLE II. PARKS AND RECREATIONAL AREAS AND ACTIVITIES
This article shall be known as the park and recreational ordinance of the county.
(Code 1985, § 1-22-21)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Community school areas means any area developed or to be developed under the provisions of F.S. ch. 228.
County park facility means all property owned or acquired by the county and specifically designated as being for park and recreational purposes.
Dedicated parks and recreational areas means all parks and recreational areas designated and set apart on plats recorded in the plat books of the county and plats or recreational areas so designated on plats recorded in deed books of the official records of the county, subject to the restrictions of use contained in the dedicatory language set forth in such plats.
Private parks means any area set aside for park and recreational purposes by an individual, corporation or association and not intended for use of the general public.
Recreational leases means all lands leased by the county for use as park and recreational purposes.
(Code 1985, § 1-22-22; Ord. No. 2009-16, § 1, 6-4-2009)
Cross references: Definitions generally, § 1-2.
(a) Generally. This article shall apply to all county-owned, -operated or -supervised parks and recreational areas under the jurisdiction, control and supervision of the board of county commissioners.
(b) Exceptions. This article shall not apply or govern community school areas and private parks.
(Code 1985, § 1-22-23)
The board of county commissioners is hereby authorized and empowered to establish, acquire and operate public parks and recreational areas, and to designate, acquire and improve, extend, operate and maintain lands, buildings and other facilities for public parks, parkways, playgrounds, recreational centers and for other recreational purposes, and to conduct a program of recreational activities as provided in this article.
(Code 1985, § 1-22-24)
The board of county commissioners shall have the custody, control and management of all real and personal property heretofore or hereafter designated or acquired by such county for parks, parkways, playgrounds, recreational centers and for other recreational purposes and may:
(1) Plan, lay out, improve, develop, embellish, preserve and maintain all such parks, parkways, playgrounds and recreational centers and facilities.
(2) Construct and reconstruct, alter and renew buildings and other structures and facilities and equipment and maintain such buildings, structures, facilities and equipment.
(3) Employ and fix the compensation of qualified superintendents, engineers, architects, recreational directors, play leaders and such other officers or employees as may be deemed necessary.
(4) Provide, conduct and supervise the program of recreational activities.
(5) Charge and collect reasonable fees for the use of such facilities, privileges and conveniences as may be provided.
(6) Operate revenue facilities and accommodations in and upon properties owned and controlled by the county for the purposes provided in this section and to rent out the such facilities and accommodations upon such terms and conditions as are deemed to be in the public interest.
(Code 1985, § 1-22-25)
The following rules and regulations shall apply to all beaches, parks, parkways, playgrounds, piers, recreational areas, recreational centers, and the Old Pensacola Bay Bridge, all of which shall collectively be designated in this article as "parks and recreational areas." It shall be unlawful for any person or corporation to do any of the acts specified in this section within the limits of such parks and recreational areas, or other facilities and properties owned or operated by the county for park and recreational purposes:
(1) No automobile, motorcycle, motorscooter, or other motorized mode of conveyance shall be driven or parked on any park or recreational center, except in those areas specifically designated therefor by signs; provided, however, that the board of county commissioners or its designated agent may, from time to time, issue written permission granting special parking privileges, upon application therefor, to persons suffering from active physical disabilities, which permits shall specifically recite on the face thereof, the exact extent of the special privilege and the area or areas to be involved.
(2) Dogs, cats and other animals are prohibited from and shall not be allowed on or into the confines of any county park or recreation area, except in areas set aside for such animals; and except Seeing Eye dogs being utilized for the assistance of the deaf or severely hearing-impaired. Any owner, custodian or person having control over any dog, cat or other animal who shall bring, cause to be brought or otherwise allow any such animal within a county park or recreational area shall be guilty of a violation of this article.
(3) No paper, waste, garbage, trash or debris or any other litter shall be left or disposed of on any county park or recreational area, in any other place other than appropriate receptacles provided therefor.
(4) It is prohibited to make or kindle any fire for any purpose, except in places specifically provided therefor.
(5) The sale of candy, ice cream, food of any kind, soft drinks, athletic and sporting equipment or parts thereof or any other items that may be offered for sale in any county park or recreational area is prohibited; however, the county administrator or his designee, may from time to time issue permits for the sale of any of the above on such terms and conditions which shall include the following:
a. Permits may be granted to individuals, corporations, clubs and other community organizations for sporting events, entertainments, fairs, festivals and other social events or functions;
b. The applicant shall deliver to the county administrator or designee a completed permit application at least five working days in advance of the proposed event;
c. Any permit issued therefrom shall restrict the applicant's event or function to the premises stated in its application and shall expire at the conclusion of such event or function;
d. At the time of application for such permit, the applicant shall furnish the county administrator or designee a copy of proof of insurance in a type and of an amount reasonably acceptable to the county covering any potential liabilities or losses related to the proposed event;
e. If the applicant is a corporation, club or other organization, it shall include in its permit application the names and addresses of its officers and directors, a copy of its charter showing it is licensed to do business in the state and the objects and purposes for which it was organized;
f. The applicant shall indemnify the county for all damages and losses of any type which might be suffered by the county as a consequence of its issuance of such permit to the applicant; and
g. Upon approval of such application, the county administrator or designee shall issue such permit which shall be displayed in a conspicuous location at the event.
Notwithstanding the foregoing, this provision shall not apply to those management agreements entered into by the county for the management of county-owned parks and recreational areas.
(6) The sale and consumption of beer and intoxicating beverages in any county park or recreational area is prohibited; however, the county administrator or his designee, may from time to time issue permits for the sale and consumption of beer and intoxicating beverages on such terms and conditions which shall include the following:
a. Permits may be granted to individuals, corporations, clubs and other community organizations for sporting events, entertainments, fairs, festivals and other social events or functions;
b. The person applying for such permit, individually or as a corporate representative, shall be at least 21 years old and of good moral character and shall not have been convicted of or pled nolo contendere to any alcoholic beverage-related law or ordinance violation;
c. The applicant shall deliver to the county administrator or designee a completed permit application at least five working days in advance of the proposed event;
d. Any permit issued therefrom shall restrict the applicant's event or function to the premises stated in its application and shall expire at the conclusion of such event or function;
e. The application shall list all persons at the event serving beer and intoxicating beverages and attest that all persons are at least 21 years of age;
f. At the time of application for such permit, the applicant shall furnish the county administrator or designee a copy of proof of insurance in a type and of an amount reasonably acceptable to the county covering any potential liabilities or losses related to the proposed event;
g. If the applicant is a corporation, club or other organization, it shall include in its permit application the names and addresses of its officers and directors, a copy of its charter showing it is licensed to do business in the state and the objects and purposes for which it was organized;
h. The corporation, club or other organization shall include in its permit application a statement that the organization has never been convicted of any violation of state alcoholic beverage laws or related county ordinances;
i. The applicant shall indemnify the county for all damages and losses of any type which might be suffered by the county as a consequence of its issuance of such permit to the applicant; and
j. Upon approval of such application, the county administrator or designee shall issue such permit which shall be displayed in a conspicuous location at the event.
Notwithstanding the foregoing, this provision shall not apply to those management agreements entered into by the county for the management of county-owned parks and recreational areas.
(7) The renting or leasing of any athletic sporting equipment or recreational equipment or any other items that may be offered for rental or lease in any county park or recreational area is prohibited; however, the county administrator or his designee, may from time to time issue permits for the rental or lease of any of the above on terms and conditions which shall include the following:
a. Permits may be granted to individuals, corporations, clubs and other community organizations for sporting events, entertainments, fairs, festivals and other social events or functions;
b. The applicant shall deliver to the county administrator or designee a completed permit application at least five working days in advance of the proposed event;
c. Any permit issued therefrom shall restrict the applicant's event or function to the premises stated in its application and shall expire at the conclusion of such event or function;
d. At the time of application for such permit, the applicant shall furnish the county administrator or designee a copy of proof of insurance in a type and of an amount reasonably acceptable to the county covering any potential liabilities or losses related to the proposed event;
e. If the applicant is a corporation, club or other organization, it shall include in its permit application the names and addresses of its officers and directors, a copy of its charter showing it is licensed to do business in the state and the objects and purposes for which it was organized;
f. The applicant shall indemnify the county for all damages and losses of any type which might be suffered by the county as a consequence of its issuance of such permit to the applicant; and
g. Upon approval of such application, the county administrator or designee shall issue such permit which shall be displayed in a conspicuous location at the event.
Notwithstanding the foregoing, this provision shall not apply to those management agreements entered into by the county for the management of county-owned parks and recreational areas.
(8) Overnight camping of any type shall not be allowed at any county park or recreational area, which shall include house trailers, travel trailers, mobile campers, tents or any other shelter used in association with camping, except upon issuance of a permit by the county administrator or his designee, except where areas are specifically provided and designated in a park for overnight camping.
(9) The carrying or discharging of any firearms, firecrackers, rockets, torpedoes or any fireworks are prohibited, except by special written permits granted by the county administrator or his designee.
(10) It is prohibited to cut, break into, injure, deface or disturb any tree, shrub, plant, building, wall, fence, bench or other structure, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, tree, bush, plant, flower or sign; or mark or write upon any building, fence, bench, sign or other structure.
(11) It is prohibited to catch, injure, destroy or interfere in any way with birds, squirrels or any wild animals, except poisonous reptiles.
(12) It is prohibited to drive or operate any motor vehicle in excess of 15 miles per hour, unless otherwise posted.
(13) It is prohibited to picnic or lunch in a place other than in areas designated for that purpose, or leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, cans, bottles, garbage and other refuse is placed in the disposal receptacles provided therefor. The use of glass containers of any type for food or drink is prohibited in any county park or recreational area.
(14) Permits are required for all types of special events when held on park or recreation property. The county administrator or his designee shall be authorized to issue permits for all special events.
(15) It is prohibited to discharge any waste water or the contents of a holding tank from any self-contained trailer, except when into a designated dumping station when provided.
(16) It is prohibited to ride bicycles, tricycles or other nonmotorized vehicles in any county park or recreational area, except on designated biking paths.
(17) It is prohibited to drive, chip or hit golf balls on any athletic field in any county park or recreational area, except in designated golfing areas.
(Code 1985, § 1-22-26)
(a) The following nighttime closing hours shall apply to all county park facilities except where otherwise established by ordinance:
(1) Park facilities equipped for nighttime use shall be closed from 11:00 p.m. to 5:00 a.m.
(2) Park facilities not equipped for nighttime use shall be closed from the time of sunset to the time of sunrise.
(3) Exceptions:
a. Park facilities with boat ramps and/or water access shall not be closed to fishing activities.
b. For all other acceptable uses, park facilities with boat ramps and/or water access shall be closed from the time of one hour after sunset to one hour before sunrise.
(b) It shall be a violation of this section for any member of the public to enter onto or remain within any county park during the nighttime closed hours established in subsection (a) of this section. The county administrator or designee is authorized and directed to post signs in county parks indicating the applicable operating and nighttime closing hours.
(c) For special events, the county administrator or his authorized designee may permit the use of park facilities beyond the applicable nighttime closing hours.
(Code 1985, § 1-22-27; Ord. No. 2009-16, § 2, 6-4-2009)
(a) Generally. The hours of operation for the public park area along the waterfront of the Navy Point Subdivision are as follows:
(1) Park opens, 5:00 a.m.
(2) Park closes, 10:00 p.m.
(b) Exemptions to park closing. The closing hours established by this section shall not include the boat ramp and the Navy Point Watch Patrol Office area; provided that individuals in these areas after closing hours are engaged in activities incidental to the legitimate use of the boat ramp and the Navy Point Watch Patrol Office.
(Code 1985, § 1-22-28)
(a) Any person violating any of the provisions of this article, upon conviction thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment.
(b) In lieu of making an arrest or issuing a notice to appear, a law enforcement officer or a code enforcement officer may issue a citation pursuant to section 30-63 of the Escambia County Code of Ordinances. Each violation of any provision of this article shall constitute a separate offense.
Any person who willfully refuses to sign and accept a citation issued by a law enforcement officer or a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083. A written warning to this effect shall be provided at the time any citation is issued hereunder.
(Code 1985, § 1-22-29; Ord. No. 2009-21, § 4, 7-23-2009)
This article is not intended to abrogate any laws of the United States, the state, or any municipal or political subdivision wherein the park or recreation facility is located, but are supplementary thereto.
(Code 1985, § 1-22-30)
Secs. 74-41--74-60. Reserved.
12Feb/100
Noise Ordinance Posted
Posted on February 12th, 2010 by roselynFor anyone interested, the Escambia County noise ordinance has been posted under Resources in the list to the right. The link to search the Escambia County Municipal Code is
http://library8.municode.com/default-test/home.htm?infobase=10700&doc_action=whatsnew
12Feb/100
Escambia County Noise Ordinance
Posted on February 12th, 2010 by roselynARTICLE III. NOISE*
__________
*Editor's note: Section 3 of Ord. No. 2001-8, adopted March 1, 2001, repealed §§ 42-61--42-67 and enacted similar provisions to read as herein set out. Former §§ 42-61--42-67 derived from §§ 1-20.3-1--1-20.3-7 of the 1985 Code. Section 4 of said ordinance created additional provisions pertaining to the same subject matter and designated as §§ 42-68--42-70.
__________
This article shall be known as the "County Noise Abatement Ordinance."
(Ord. No. 2001-8, § 3, 3-1-2001)
This article is adopted pursuant to the general laws of the state to protect the health, safety and welfare of the residents and citizens of the county.
(Ord. No. 2001-8, § 3, 3-1-2001)
As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
County administrator means the county administrator of Escambia County or the county administrator's designee.
dbA's means decibels shown in a reading made on a decibel A scale.
Decibel (dB) means a unit for measuring the volume of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.
Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.
Noise sensitive area includes, but is not limited to, a posted area where a school, hospital, nursing home, church, court, public library, or similar institution is located.
Person means any individual, firm, association, partnership, joint venture, or corporation.
Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.
Public space means any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.
Residential area means any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of Escambia County's zoning ordinance.
Sound level meter means an instrument used for measurement of the intensity of sound and accurately calibrated in decibels. Readings shall be made on a dbA scale.
(Ord. No. 2001-8, § 3, 3-1-2001)
(a) No person shall make, continue, or cause to be made or continued:
(1) Any unreasonably loud or raucous noise; or
(2) Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity, within the jurisdictional limits of Escambia County; or
(3) Any noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the neighborhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to create unreasonable adverse effects on such residences or places of business.
(b) Factors for determining whether a sound is unreasonably loud and raucous include, but are not limited to, the following:
(1) The proximity of the sound to sleeping facilities, whether in residential or commercial structures;
(2) The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
(3) The time of day or night the sound occurs;
(4) The duration of the sound; and
(5) Whether the sound is recurrent, intermittent, or constant.
(Ord. No. 2001-8, § 3, 3-1-2001; Ord. No. 2003-55, § 1, 12-11-2003)
The following acts are declared to be per se violations of this article. This enumeration does not constitute an exclusive list:
(a) Unreasonable noises : The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business are exempted from this provision.
(b) Vehicle horns, signaling devices, and similar devices : The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of Escambia County, for more than ten consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning is exempt from this prohibition.
(c) Nonemergency signaling devices : Sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for nonemergency purposes, from any place for more than ten consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or for traffic control purposes are exempt from the operation of this provision.
(d) Emergency signaling devices : The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsections (1) and (2) below.
(1) Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five minutes, testing of the emergency signaling system shall not occur more than once in each calendar month.
(2) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm, shall terminate within 15 minutes of activation unless an emergency exists. If a false or accidental activation of an alarm occurs more than twice in a calendar month, the owner or person responsible for the alarm shall be in violation of this article.
(e) Radios, televisions, boomboxes, phonographs, stereos, musical instruments and similar devices : The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet and comfort of neighbors and passers-by, or is plainly audible at a distance of 100 feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multifamily or single-family dwellings.
(f) Loudspeakers, amplifiers, public address systems, and similar devices : The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays in the following areas:
(1) Within or adjacent to residential or noise-sensitive areas; and
(2) Within public space if the sound is plainly audible across the real property line of the public space from which the sound emanates, and is unreasonably loud and raucous.
This shall not apply to any public performance, gathering, or parade for which a permit has been obtained from Escambia County.
(g) Yelling, shouting and similar activities : Yelling, shouting, hooting, whistling, or singing in residential or noise sensitive areas or in public places, between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons or ordinary sensitivities.
(h) Animals and birds : Unreasonably loud or raucous noise emitted by an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird. Sounds made by animals or birds in animal shelters, kennels, veterinary hospitals, pet shops or pet kennels are exempt from this subsection.
(i) Loading or unloading merchandise, materials, equipment or commodities : The creation of unreasonably loud, raucous, and excessive noise in connection with the loading or unloading of any vehicle or vessel at a place of business or residence. In times of emergency, whether declared or undeclared, such hours of loading and unloading shall be governed by the emergency operating hours provision of subsection 42-66(i).
(j) Construction or repair of buildings, excavation of streets and highways : The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of 7:00 a.m. and 7:00 p.m. In cases of emergency, construction or repair noises are exempt from this provision. In nonemergency situations, the county administrator may issue a permit, upon application, if the county administrator determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings of excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m., will not be impaired, and if the county administrator further determines that loss or inconvenience would result to a party in interest. The permit shall grant permission in nonemergency cases for a period of not more than three days. The permit may be renewed once for a period of three days or less.
(k) Noise sensitive areas; school, courts, churches, hospitals, and similar institutions : The creation of any unreasonably loud and raucous noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided that conspicuous signs delineating the boundaries of the noise sensitive area are displayed in the streets surrounding the noise sensitive area.
(l) Blowers, and similar devices : In residential or noise sensitive areas, between the hours of 10:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates.
(m) Commercial establishments adjacent to residential property : Unreasonable loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of 10:00 p.m. and 7:00 a.m. when such noise creates unreasonable adverse effects on adjacent or nearby residences.
(Ord. No. 2001-8, § 3, 3-1-2001; Ord. No. 2003-55, § 1, 12-11-2003; Ord. No. 2005-43, § 2, 9-8-2005)
Sounds caused by the following are exempt from the prohibitions set out in sections 42-64 and 42-65 and are in addition to the exemptions specifically set forth in section 42-65:
(a) Motor vehicles on traffic ways of Escambia County, provided that the prohibition of section 42-65(b) continues to apply.
(b) Repairs of utility structures which pose a clear and immediate danger to life, health, or significant loss of property.
(c) Sirens, whistles, or bells lawfully used by emergency vehicles, or other alarm systems used in case of fire, collision, civil defense, police activity, or imminent danger, provided that the prohibition contained in section 42-65(d) continues to apply.
(d) Emergency alerting sounds. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work.
(e) Repairs or excavations of bridges, streets or highways by or on behalf of Escambia County, the state, or the federal government, between the hours of 7:00 p.m. and 7:00 a.m., when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7:00 p.m.
(f) Outdoor school and playground activities. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to, school athletic and school entertainment events.
(g) Special outdoor events. Outdoor gatherings, public dances, shows and sporting events, and other similar outdoor events, provided that a permit authorizing a limited waiver of the restrictions in the noise abatement ordinance has been obtained from the Escambia County Board of County Commissioners pursuant to the following procedure:
1. The applicant shall file a permit application with the county administrator on a form prepared by the county which shall set forth at the minimum:
a. The name and address of the applicant.
b. The address of the site for the event.
c. The dates and time of the event.
d. The activity which will exceed the limits established by the noise abatement ordinance.
e. The steps that will be taken to minimize the disturbance to the surrounding or neighboring properties.
2. The county administrator shall provide the permit application as well as any other available information, to the board of county commissioners for consideration at a meeting of the board of county commissioners.
3. A permit granted by the board of county commissioners shall indicate the dates and times during which noise at the subject event may exceed the limits established by the noise abatement ordinance. However, if a permit does not indicate the applicable times for the waiver, then the permit shall not allow the excessive noise to begin earlier than 12:00 noon or to extend beyond 10:30 p.m. or to continue for a period of more than four hours between the hours of 12:00 noon and 10:30 p.m.
4. The board of county commissioners may impose any other conditions on the permit as it deems necessary to reduce the disturbance to surrounding or neighboring properties.
5. Violation of the terms or conditions set forth in the permit shall constitute a violation of the Escambia County Noise Abatement Ordinance.
(h) Pensacola Interstate Fair. The Pensacola Interstate Fair, a traditional two-week event held each October at the Pensacola Fair Grounds, is exempt from the restrictions of this noise ordinance. This exemption applies only to the Pensacola Interstate Fair and does not exempt an other event or activity held at the Pensacola Fair Grounds.
(i) Emergency operating hours. During times of emergency, whether declared or undeclared, the prohibited operating hours established by this noise ordinance for those commercial/industrial activities necessary to the public health, safety, and welfare may be temporarily suspended by resolution of the board of county commissioners.
(Ord. No. 2001-8, § 3, 3-1-2001; Ord. No. 2001-36, § 1, 8-2-2001; Ord. No. 2005-43, § 3, 9-8-2005)
Recognizing the unique tourist, recreational and entertainment characteristics of Santa Rosa Island (Pensacola Beach) and the Perdido Key areas of the county, the provisions of sections 42-64 and 42-65 shall not apply to these geographic areas. For these geographic areas, in no event shall a person operate or cause to be operated or create any source of sound in such a manner so as to create a sound level which exceeds 70 dbA (sound level measurement) when measured by a sound level meter at or within the property boundary of the receiving land use.
(Ord. No. 2001-8, § 3, 3-1-2001)
(a) The following individuals shall enforce this article: the Escambia County Sheriff's Department will have primary responsibility for the enforcement of the noise regulations contained herein. Nothing in this article shall prevent the Escambia County Sheriff's Department from obtaining voluntary compliance by way of warning, notice or education.
(b) If a person's conduct would otherwise violate this article and consists of speech or communication; of a gathering with others to hear or observe speech or communication; or of a gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political or religious questions; the person must be ordered to, and have the opportunity to, move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued.
(Ord. No. 2001-8, § 4, 3-1-2001)
(a) A person who violates a provision of this article is guilty of a misdemeanor which is punishable by a fine not to exceed $500.00 or imprisonment not to exceed 60 days or both.
(b) Each occurrence of a violation, or, in the case of continuous violation, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.
(c) In lieu of making an arrest or issuing a notice to appear, a law enforcement officer or a code enforcement officer may issue a citation pursuant to section 30-63 of the Escambia County Code of Ordinances. Each violation of any provision of this article shall constitute a separate offense.
Any person who willfully refuses to sign and accept a citation issued by a law enforcement officer or a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083. A written warning to this effect shall be provided at the time any citation is issued hereunder.
(Ord. No. 2001-8, § 4, 3-1-2001; Ord. No. 2009-21, § 3, 7-23-2009)
This article is enforceable in the unincorporated areas of Escambia County, Florida.
(Ord. No. 2001-8, § 4, 3-1-2001)
Secs. 42-71--42-90. Reserved.