OCALA POLICE DEPARTMENT

Dear Community Member:

This information is to assist you with planning a successful and memorable event.

The City of Ocala Noise Ordinance, located on pages 4 and 5, requires that you have a Noise Permit, located on page 2, for any sound amplification within the city limits. This Noise Permit is issued by the Chief of Police and is not effective without his signature on the permit. The Noise Permit does not authorize any street closures. Complaints or violations of this ordinance may result in immediate cancellation or revocation of this permit by any law enforcement officer.

The event organizer must complete and submit the necessary documents two to four weeks prior to the event. The completed documents must be hand delivered to the Ocala Police Department at least ten (10) days prior to the event. If all the paperwork is completed satisfactorily, the organizer is given the Noise Permit before leaving the Police Department.

On page 3 is the Resident/Neighbor Approval form which also requires completion before a Noise Permit is issued. It is in your best interest to speak to and obtain the approval from your neighbors.

The Noise Permit carries a $45.00 fee applicable for the first day a sound device is used. There is a $5.00 fee for each additional day of use. This fee is payable to the City of Ocala for which you will receive a receipt.

Please call 369-7000 and speak with Patti if you have any questions. We wish you a successful, fun and safe event.

The Ocala Police Department

Contact Information
Name
Street Address
City, St, Zip Code
Home Phone
Work Phone
Cell Phone
E-Mail Address
Event Information
Name of Event
Event Organizer
Date of Event / Rain Date if applicable
Event Start Hour
(including set up) / Event Close Hour
(including breakdown)
Location of Event
Event Activities
EVENT ORGANIZER SIGNATURE DATE
THIS FORM MUST HAVE THE ORIGINAL SIGNATURE WHEN PRESENTED TO THE
OCALA POLICE DEPARTMENT
$45.00 fee for the first day with a $5.00 fee for each additional day payable to the City of Ocala. I understand that this permit, approved by the Chief of Police, does not supersede the city ordinance, Section 34-171. Complaints of or violations of this ordinance may result in immediate cancellation/revocation of said permit by any law enforcement officer. This permit does not authorize any street closures.
Sec. 34-171. Unnecessary or disturbing noise prohibited.
This is to grant the above named Event Organizer permission to use a public address system on the above noted dates and times but not between the hours of 8:00 p.m. or sunset (whichever is later) and 10:00 a.m. on weekends and public holidays or within 50 feet of any building that is lawfully occupied for residential use.
This permit is granted under the provisions of the City of Ocala Code, Article VII. Noise, Section 34-171.

Complaints of/or violations of said ordinance may result in immediate cancellation/revocation of this permit by any law enforcement officer.

Neighbor Approval Form

I (your name) __am seeking your approval to have an outdoor function at (address where function is being held) _ _which will utilize a public address system (sound application). This may include loud music. The date(s) will be_ _and the time will be from __ until __.

PRINTED NAME / PRINTED ADDRESS
SIGNATURE / APPROVED YES NO
PRINTED NAME / PRINTED ADDRESS
SIGNATURE / APPROVED YES NO
PRINTED NAME / PRINTED ADDRESS
SIGNATURE / APPROVED YES NO
PRINTED NAME / PRINTED ADDRESS
SIGNATURE / APPROVED YES NO
PRINTED NAME / PRINTED ADDRESS
SIGNATURE / APPROVED YES NO
PRINTED NAME / PRINTED ADDRESS
SIGNATURE / APPROVED YES NO


NOISE ORDINANCE

Sec. 34-171. - Unnecessary or disturbing noise prohibited.

(a)

It shall be unlawful for any person to make, continue or cause to be made or continued any loud, jarring, raucous or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the reasonable persons within the city.

(b)

The following acts, among others, are declared to be loud, jarring, raucous or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons within the city in violation of this Code, but this enumeration shall not be deemed to be exclusive:

(1)

The use, operation or playing any sound device or apparatus in, on, near or adjacent to any public street, park or place, for commercial and business advertising purpose.

(2)

The use, operation or playing of any radio receiving set, musical instrument, phonograph, sound amplification device or other machine or device for the production, reproduction or sound amplification (hereinafter referred to as "sound device") in such an unreasonable manner as to disturb the peace, quiet and comfort of a reasonable person who would be able to hear the sound produced by the sound device.

(3)

The use, operation or playing of any sound device which is cast upon the public streets for the purpose of attracting attention of the public; however, any person desiring to use or operate any sound device upon the public streets for charitable or noncommercial purposes shall first obtain a permit to be issued by the chief of police in the manner hereinafter prescribed in compliance with the provisions of this subsection and the terms and conditions prescribed in such permit.

a.

Each applicant for a permit to use or operate any sound device on, near or adjacent to any public street, park or place shall file a written application with the chief of police at least five days prior to the date upon which such sound device is to be used or operated. Such application shall describe the specific location in which any sound device is proposed to be used or operated, the day and the hour or hours during which it is proposed to be used or operated, the volume of sound which is proposed to be used measured by decibels or by any other efficient method of measuring sound, and such other pertinent information as the chief of police may deem necessary to enable the chief of police to carry out the provisions of this section.

b.

The chief of police shall not deny a permit for any specific time, location or use, to any applicant who complies with the provisions of this section, except for one or more of the reasons specified in subsection (b)(2)c., hereof or for non-payment of the fee prescribed subsection (b)(2)d., hereof, or to prevent overlapping in the granting of permits, provided, however, that a permit issued for multiple days shall be issued only for multiple days within a period of five consecutive calendar days and only at the same location. Each permit issued pursuant to this section shall describe the specific location in which such sound device may be used or operated there under, the exact period of time for which such device may be operated in such location, the maximum volume of sound which may be employed in such use or operation and such other terms and conditions as may be necessary, for the purpose of securing the health, safety, comfort, convenience and peaceful enjoyment by the people of their right to use the public streets, parks or places for street, park or other public purposes, protecting the health, welfare and safety of the inhabitants of the city, and securing the peace, quiet and comfort of the neighboring inhabitants.

c.

The chief of police shall not issue any permit for the use of a sound device:

i. In any location within 500 feet of a school, courthouse or church, for a period beginning 30 minutes before and continuing until 30 minutes following the commencement of the customary activities conducted at such institutions during the hours of school, court or worship, respectively, or within 500 feet of any hospital or similar institution;

ii.

In any location where the chief of police, upon investigation, shall determine that the conditions of vehicular or pedestrian traffic or both are such that the use of such a device will constitute a threat to the safety of pedestrians or vehicular operators;

iii.

In any location where the chief of police, upon investigation, shall determine that conditions of overcrowding or of street repair or other physical conditions are such that the use of a sound device will deprive the public of the right to the safe, comfortable, convenient and peaceful enjoyment of any public street, park or place for street, park or other public purposes, or will constitute a threat to the safety of pedestrians or vehicle operators;

iv.

In or on any vehicle or other device while it is in transit;

v.

Between the hours of 10:00 p.m. and 9:00 a.m.; or

vi.

Between the hours of 8:00 p.m. or sunset, whichever is later, and 9:00 a.m. on weekdays and between the hours of 8:00 p.m. or sunset, whichever is later, and 10:00 a.m. on weekends and public holidays, in any location within 50 feet of any building that is lawfully occupied for residential use. The distance of 50 feet shall be measured in a straight line from the point on the exterior wall of such building nearest to any point in the location for which the permit is sought.

d.

Each applicant for a single-day permit issued under the provisions of this section shall pay a fee of $45.00 for the use of each such sound device and each applicant for a multiple-day permit issued under the provisions of this section shall pay a fee of $45.00 for the use of each such sound device for the first day and a fee of $5.00 for the use of each such sound device for each additional day up to a maximum of four additional days, provided, however, that permits for the use of such sound devices or apparatus shall be issued to any bureau, commission, board or department of the United States government, the State of Florida, and the City of Ocala, without fee.

e.

The chief of police shall have the power to make such rules as may be necessary to carry out the provisions of this section.

f.

The action of the chief of police, in granting or denying the permit, shall be subject to appeal to and reversal by the city council.

(4)

Yelling, shouting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

(5)

The creation of any excessive noise on any street adjacent to any school, institution of learning, church or courthouse for a period beginning 30 minutes before and continuing until 30 minutes following the commencement of the customary activities conducted at such institutions, and which unreasonably interferes with such activities, or on any street adjacent to any hospital and which disturbs or unduly annoys patients in the hospital at any time.

(6)

The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

(7)

The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, electric power saw, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

(8)

The conduct between the hours of 7:00 p.m. and 7:00 a.m. of any construction activities involving the use of tools, equipment or vehicles, that create loud, excessive or offensive noise that disturbs the quiet, comfort or repose of any persons within 500 feet of an occupied residential dwelling. "Construction activities" shall not include road or utilities construction or maintenance that is performed by and on behalf of any governmental entity or utility. This requirement may be suspended based on an emergency order declared by the city council.

(Code 1961, § 13-6; Code 1985, § 13-14; Ord. No. 2874, § 1, 8-24-98; Ord. No. 5427, § 1, 8-23-05; Ord. No. 5541, § 1, 6-30-06; Ord. No. 5842, § 1, 3-18-08)