Vessel Noise
SANIBEL HARBOUR YACHT CLUB CONDOMINIUM ASSOCIATION, INC.
A Florida not for profit corporation
RESOLUTION ADOPTING AMENDMENT TO RULE 8
RELATING TO VESSEL NOISE
WHEREAS, the governing documents for Sanibel Harbour Yacht Club Condominium Association, Inc., a Florida not for profit corporation (hereinafter the “Association”), delegate the authority and responsibility to govern the operations of the Association to its Board of Directors;
WHEREAS, under Article 5, Section 1 of the Association’s Declaration of Condominium (“Declaration”), Article II of the Association’s Articles of Incorporation, and Article XIII of the Association’s Bylaws, the Board of Directors is responsible for adopting rules for the orderly operation of the Association; and
WHEREAS, in order to protect and maintain the quiet enjoyment of Association Property, it is necessary to adopt appropriate restrictions to minimize the impact of noise on Association Property and surrounding communities; and
WHEREAS, Section 327.65, Florida Statutes, provides. guidance as to a presumptively reasonable standard for limiting noise from vessels; and
WHEREAS, the Board wishes to adopt noise level limits, using the statutory standard, in order to protect and maintain the quiet enjoyment of Association Property.
NOW, THEREFORE, BE IT RESOLVED THAT effective with the adoption of this Resolution, the following noise restrictions shall apply to engi11e noise from vessels moored at the Yacht Club:
- The exhaust of every internal combustion engine moored at the Yacht Club shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner;
- No person shall operate or give permission for the operation of any vessel moored or emitting sound at the Yacht Club in such a manner as to exceed the following sound levels at a distance of 50 feet from the vessel: for all vessels, a maximum sound level of 90 dBA;
- Any person who refuses to submit to a sound level test when requested to do so by the Association shall be in violation of the Declaration, and shall be subject to the Compliance and Default provisions found in Article 13 of the Declaration.
BE IT FURTHER RESOLVED, that for purposes of this Resolution, the following definitions shall apply:
- “dBA” means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel.
- “Sound level” means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meterse of the American National Standards Institute, Inc., or its successor bodies, except that only a weighting and fast dynamic response need to be provdied.
BE IT FURTHER RESOLVED, that Rule 8 of the Sanibel Harbour Yacht Club Rules and Regulations is hereby amended to reflect the above restrictions and definitions; and
BE IT FURTHER RESOLVED, that the Association Manager or his designee shall have the authority to enforce the above noise limits, including but not limited to the administration of sound level tests.
Amendment
New text is underlined
8. Noise shall be kept to a minimum at all times. Owners shall use the utmost discretion in operating vessels, engines, and generators so as not to create a nuisance or disturbance. There shall be no revving of vessel engines at any time while such vessel is located in the basin. Upon returning to the basin and docking an Owner’s vessel, all engines shall be promptly turned off once the vessel is secured to a dock. No Unit Owner shall play upon or suffer to be played upon any musical instrument, or operate or suffer to be operated, a television, radio or sound amplifier, in such manner as to disturb or annoy other occupants of the Condominium, and all parties shall turn off all exterior music or sound as to the foregoing as of 10:00pm of each and every day, seven days a week.
The exhaust of every internal combustion engine moored at the Yacht Club shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
No person shall operate or give permission for the operation of any vessel moored or emitting sound at the Yacht Club in such a manner as to exceed the following sound levels at a distance of 50 feet from the vessel: for all vessels, a maximum sound level of 90 dBA.
Any person who refuses to submit to a sound level test when requested to do so by the Association shall be in violation of the Declration, and shall be subject to the Compliance and Default provisions found in Article 13 of Declaration.
For purposes of this Rule, the following definitions shall apply:
“dBA” means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel.
“Sound level” means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meters of the American National Standards Institute, Inc., or its successor bodies, except that only a weighting and fast dynamic response need to be provided.