§ 42.07. Use of Mechanical Loud Speakers or Amplifiers Out of Doors.

(1)

Unless exempt pursuant to subsection 42.07(6), it is hereby made unlawful to use any mechanical loud speaker or other sound amplification device on a truck or other moving vehicle or out of doors on public or private property except under a permit issued by the Chief of Police or the City's Permitting Services Division. For purposes of this section, "out of doors" shall mean the loud speaker or other sound amplification device is located outside and not wholly enclosed within a building or structure. Sound amplification devices located wholly within automobiles and handheld mobile electronic devices are hereby made exempt from this subsection, except that it is hereby made unlawful for any person to make, maintain, create, or allow to be created any unreasonably disturbing noise from any car sound amplification device (whether wholly or partially contained within the automobile or not) or handheld mobile electronic device that is of such character, intensity, or duration as to be detrimental to the life, health, comfort, or repose of any individual of ordinary sensibilities residing in or occupying the area.

(2)

Except as provided in subsections (6), (7), and (8) below, no person shall use a loud speaker or other sound amplification device on a truck or other moving vehicle or out of doors on a public or private property between the hours of 10:00 p.m. and 7:00 a.m.

(3)

No person shall use a loud speaker or other sound amplification device out of doors within 1,000 feet of any school, physical place of worship at which a religious organization regularly conducts religious services, hospital, court of law, or public transportation facility as defined in § 496.425(1)(b), Florida Statutes, during normal business hours of operation of that entity without the permission from that property owner.

(4)

Each permit application shall include the name, address, and telephone number of the permit applicant. The applicant shall submit a plan showing the proposed location and orientation of the loud speaker(s) or sound amplification device(s) to be used, the street address and specific location at that address for the proposed use, the hours of operation of the loud speaker(s) or sound amplification device(s), and a description of the loud speaker(s) or sound amplification device(s) including its decibel level. The applicant shall certify that such speaker(s) and device(s) will be monitored to ensure that it is operated within the decibel levels prescribed in Chart 1 set forth in section 42.03 herein.

If the loud speaker(s) or sound amplification device(s) is being used out of doors temporarily for a particular event, the application must be submitted to the Chief of Police at least three business days, excluding holidays, in advance of the installation of the equipment and must be accompanied by a $20.00 processing fee. If the use of such speaker or device out of doors will be continual, the application must be submitted to the Permitting Services Division prior to the installation of the equipment and must be accompanied by a fee which shall be set forth by resolution of City Council.

(5)

The Chief of Police or the Permitting Services Division shall issue a permit provided the proposed use and speaker or device:

(a)

Complies with subsections (2) through and including (10) of this section as applicable; and

(b)

Will not interfere with any governmental function or with any event previously permitted pursuant to Chapter 18A, Orlando City Code, or with any event scheduled through the Families, Parks and Recreation Department if the proposed use of the speaker or device is temporary for a particular event; and

(c)

Is not for a location within 1,000 feet of an activity or another location previously permitted under this section for the same date and time if the proposed use of the speaker or device is temporary for a particular event; and

(d)

Is not for a fully enclosed restaurant, bar, or other similar establishment that does not have a permitted sidewalk café or other approved designated outdoor space for patrons.

If the use of the loud speaker sound amplification device is not temporary for a particular event, but instead is continual, the permit shall be valid for a period of 12 months from the date of issuance, at which time the City may renew the permit for the next 12-month period under the same conditions provided the renewal fee is paid and the number, type, and location of the speaker(s) or device(s) has not changed. The City may also consider the number of citations that had been issued, if any, to the applicant for violations under this Chapter during the prior 12-month period when determining renewal of the permit. If, at the time of renewal, the number of speakers or devices has increased or the type or location of the speakers or devices has changed, the permit application process shall begin anew. Annual renewal of the permit is the responsibility of each permit holder.

If the loud speaker or sound amplification device is being used continually at a fixed location on a daily basis, the permit must be posted in a conspicuous place upon the premises at which the speaker or device is being used.

(6)

For the purpose of providing an exemption from the prohibitions contained in subsections (2), and (3) above, there is hereby created a Downtown Entertainment Area which is described in Figure 1. Within said Area, loud speakers or other sound amplification devices for non-continual use may be used out of doors between 7:00 p.m. and 12:00 a.m. on weekdays and 7:00 p.m. and 2:00 a.m. on weekends and without regard to the other prohibitions set forth in subsections (2) and (3) above. However, sections 42.02 through 42.05 set forth herein shall still apply.

(7)

Notwithstanding the prohibition contained in subsection (2) above, the City Council may approve and authorize extended hours for use of a loud speaker or other sound amplification device provided that a permit application is filed which contains the information specified in subsection (4) above and that the proposed activity otherwise complies with the provisions of subsections (3) and (5) and the sound levels and standards prescribed in sections 42.02 through 42.05 herein. This subsection does not apply to loud speakers or sound amplification devices that are permitted for continuous use within the Downtown Entertainment Area as described in subsection (6).

(8)

Except for loud speakers and sound amplification devices installed by the City, such speakers and devices that are permitted for continual use out of doors under subsection (1) shall not be located within the public rights-of-way, including the air space above such public rights-of-way, unless such use is for a permitted sidewalk café or for space that is part of an encroachment agreement with the City. In that instance, such speakers and devices shall not face or direct the sound upward toward airspace or toward any adjacent businesses, streets, alleys, rights-of-way, or property. Instead, such speakers and devices, whether permanently mounted or affixed to the exterior of the building or structure or freestanding, shall be set in such a way that the sound is directed downward and inward toward patrons and complies with the sound levels and standards set forth in sections 42.02 through 42.05 herein. If the speakers or devices are free-standing, they shall not be elevated more than five feet off of the ground.

(9)

Any person, business, or property owner that is operating a restaurant, bar, or other similar establishment at a fixed location that is providing designated outdoor space to its patrons on private property (i.e. patio, rooftop, etc…) may utilize loud speakers or sound amplification devices for temporary or continual use out of doors as long as such speakers and devices are permitted under subsection (1). Such speakers and devices may be permanently mounted or affixed to the exterior of the building or structure or free-standing and shall not face or direct the sound upward toward airspace or outward toward any adjacent businesses, streets, alleys, rights-of-way, or property. Instead, such speakers and devices shall be set in such a way that the sound is directed downward and inward toward patrons and complies with the sound levels and standards set forth in sections 42.02 through 42.05 herein. If the speakers or devices are free-standing, they shall not be elevated more than five feet off of the ground.

(10)

The City shall revoke a permit issued for continuous use under subsection (1) upon the issuance of a third civil citation within a 12-month period for utilizing a loud speaker or sound amplification device in violation of this Chapter. However, if a citation is ultimately dismissed it will not count toward the requisite number of citations for revocation. The City shall send written notice of the revocation to the violator named in the citation and to the property owner. The permit shall be revoked for the remainder of the 12-month period for which the permit was issued. During this time the speaker(s) or device(s) shall be removed or disconnected and not used out of doors. After the revocation period has expired, an application for a new permit may be submitted in accordance with subsections (4) and (5) herein.

(11)

Any applicant shall have the right to appeal the denial of a permit or the revocation of a permit by immediately requesting review with a court of competent jurisdiction or by appealing the decision to the City's Chief Administrative Officer (CAO). The appeal to the CAO shall be taken by the applicant within five (5) days after receipt of the notice of denial or revocation, by filing a written notice with the Office of the Chief Administrative Officer with a copy to the City Clerk. The CAO, or his/her designee, shall render a decision no later than ten (10) days following receipt of the notice of appeal. If the permit was denied, the CAO, or his/her designee shall direct the responsible department to issue a permit if the applicant has met the criteria set forth in this Chapter for issuance of a permit. If the permit was revoked, the CAO, or his/her designee, shall uphold the revocation if the criteria set forth in this Chapter for revoking a permit has been met. If the applicant is not satisfied with the decision of the CAO, the applicant may file a request for immediate review by the City Council with the City Clerk within five (5) days from the date the CAO's written decision was rendered.

(Ord. of 8-10-2009, § 1, Doc. #0908101101; Ord. No. 2013-14, § 1, 9-16-2013, Doc. #1309161202; Ord. No. 2017-38, § 5, 10-23-2017, Doc. #1710231203)