Article V of Chapter 17 of the Bay County Code of Ordinances describes certain types of prohibited noise nuisances.  Violations of the prohibited noise nuisances can be enforced as provided by law.

This ordinance proposes three additional prohibited noise nuisances, modifies an existing noise nuisance, and clarifies other provisions of the County's noise ordinance.

In addition to the existing noise standards, this proposal adds three new prohibitions:

A. Any sound producing device plainly audible two hundred feet away from the building in which it is located;

B. Sound which is plainly audible inside of an enclosed residence (windows, doors and other openings closed) between the hours of 10 p.m. and 7 a.m. 

C. Violations of the existing noise performance standards contained in the Bay County Land Development Regulations

The ordinance does not grandfather existing facilities that might currently violate these new noise standards, but staff recommends that the Board carefully consider whether grandfathering of existing operations would be appropriate.

The existing noise ordinance exempts noise produced by heavy equipment in industrial and agricultural districts between the hours of 3:30 a.m. and 9:00 p.m. from the noise nuisance standards.  To be consistent with the other changes in this proposal, this ordinance changes the exemption period to 7:00 a.m. to 10 p.m. for industrially zoned facilities.

Impulsive noises are short bursts of noises-- such as a heavy item falling or something being banged.  Under this proposal, these short bursts of noise are subject to a higher decibel level.  However, during overnight hours, repeated impulsive noises would be subject to the standards otherwise applicable for that zone.

Finally, the proposed ordinance clarifies that the noise standards contained in subsection (b) of the Code are applicable to the zone receiving the noise, not the zone creating the noise.  So, for instance, the noise levels received in a residential zone during daytime hours cannot exceed 60 dBA, regardless of whether the noise is coming from a residential, commercial, or industrial zone.