§ 12-39. Unreasonably excessive noise in motor vehicles prohibited.

(a)

Findings.

(1)

Article II, Section 7 of the Florida Constitution states "(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources."

(2)

Unreasonably loud, raucous, jarring, unseemly, disturbing, and excessive noise has been a serious problem in Polk County and problems will increase in conjunction with the growth, development, and urbanization of Polk County and changes in culture and technology.

(3)

It is the purpose of this section to prevent, prohibit, and provide for the abatement of unreasonably excessive noise in order to reasonably protect and promote the health, safety, general welfare, and the reasonable peace and quiet of the residents of Polk County.

(4)

Such unreasonably excessive noise problems may not be amenable to practical measurement by decibel measuring apparatus.

(5)

Unreasonably excessive noise from motor vehicle radios or other motor vehicle sound making devices is a public safety hazard which can inhibit a driver's ability to hear, as well as create a hazard and annoyance to other citizens.

(6)

Such unreasonably excessive noise, as defined in this section, represents a serious threat to the public health, safety or welfare, and is irreparable or irreversible in nature.

(7)

The citizens of Polk County, Florida have the right to an environment free from such unreasonably excessive noise.

(b)

Purpose and intent. This section is not intended to limit or regulate the content of speech.

(c)

Definitions. For the purposes of this section, the following definitions apply:

Law enforcement officer means any sworn law enforcement officer.

Plainly audible means any sound produced by a radio or other mechanical or electrical sound making device or instrument from within a motor vehicle, including sound produced by a portable sound making device, that can be clearly heard outside the motor vehicle by a person using his or her normal hearing faculties at a distance of fifty (50) feet or more from a motor vehicle.

Unreasonably excessive means when the sound is plainly audible at a distance of fifty (50) feet or more from a motor vehicle.

(d)

Prohibited acts.

(1)

It is unlawful for any person who operates or occupies a motor vehicle in Polk County, Florida to operate or amplify the sound produced by a radio or other mechanical or electrical sound making device or instrument from within the motor vehicle so that the sound is unreasonably excessive.

(2)

To determine whether sound is "plainly audible," measurements shall be taken in accordance with the following:

a.

The primary means of detection shall be by means of the law enforcement officer's ordinary auditory senses, so long as the law enforcement officer's hearing is not enhanced by any device, such as a microphone or hearing aid.

b.

The law enforcement officer must have a direct line of sight and hearing to the motor vehicle producing the sound so that the law enforcement officer can readily identify the offending motor vehicle and the distance involved.

c.

The law enforcement officer need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.

(e)

Conflicts with other laws. If the instance arises that the provisions or requirements of this section conflict with the requirements or provisions of any other adopted county ordinance, then the requirements adopted in this section shall apply over any other provision in conflict therewith.

(f)

Penalties. In accordance with F.S. § 125.69, any person, entity, group, representative, or corporation violating any provision of this section shall be subject to the following penalties:

(1)

First offense: A fine of one hundred dollars ($100.00).

(2)

Second offense: A fine of two hundred fifty dollars ($250.00).

(3)

Third or subsequent charge: A fine of five hundred dollars ($500.00).

(g)

Enforcement. This section may be enforced by the Sheriff of Polk County and his deputies in Polk County, Florida; and may be enforced by municipal law enforcement officers within their specific municipal jurisdictional boundaries for the municipalities that this section is effective within, as specified in subsection (i) of this section. Fines assessed under this section shall be distributed in accordance with all applicable county ordinances and Florida Statutes. Thereafter, remaining funds from the fines shall be distributed in the following manner: If a municipality issues a violation of this section and a fine is assessed, then eighty (80) percent of the remaining funds shall be distributed to the municipality by the clerk, and the clerk shall issue the remaining twenty (20) percent of the funds to the county. If the Polk County Sheriff's Office issues a violation of this section and a fine is assessed, then one hundred (100) percent of the remaining funds shall be distributed to the county by the clerk.

(h)

Assessment. One (1) year after the effective date of the ordinance from which this section is derived, the Sheriff of Polk County shall provide a written report to the Polk County Board of County Commissioners assessing the effectiveness of this section, together with any recommended changes that would enhance and further protect the public health, safety, and welfare of the citizens of Polk County, Florida.

(i)

Applicability. This section shall apply to unincorporated Polk County, Florida, and the municipalities within Polk County, Florida (hereinafter "municipality"), unless a municipality adopts or has adopted an ordinance on the subject matter contained herein; or unless a municipality sends a written letter to the board opting out of the ordinance from which this section is derived.

( Ord. No. O-15-11 , § 1(Exh. A), 1-26-15)

Editor's note

Ord. No. O-15-11 , § 1, adopted Jan. 26, 2015, adopted provisions adopted by the county board of commissioners set forth in Ord. No. 14-073, adopted Dec. 16, 2014, and incorporated herein as § 12-39, it being the intent of the city commission for all provisions of Ord. No. 14-073 to be applicable and in full force and effect within the municipal boundaries of the city.