Davie's noise code does not regulate aircraft. Sec. 15-8(5) exempts noise from the movement of aircraft made in accordance with applicable federal laws or regulations. Aircraft noise is preempted by the FAA and the federal Noise Control Act of 1972, so federal rules, not the town code, control.
The Town of Davie does not impose local decibel limits on aircraft. Chapter 15 expressly carves aircraft out of its scope. Section 15-8, Exemptions, provides that the noise-disturbance prohibition of Sec. 15-3 does not apply to any noise generated by the movement of aircraft in accordance with or pursuant to applicable federal laws or regulations (Sec. 15-8(5)). Section 15-8(3) further recognizes that local regulation of noise from new products and interstate motor and rail carrier vehicles is preempted by the federal Noise Control Act of 1972 (49 U.S.C. Section 4901 et seq.). Aircraft operations and noise are regulated by the Federal Aviation Administration under federal law, and municipalities are generally preempted from regulating aircraft in flight. As a result, residents experiencing aircraft noise, including from nearby airports, should direct concerns to the operating airport authority or the FAA rather than to Davie code enforcement. The town code's noise provisions, including the Sec. 15-4 land-use limits and the Sec. 15-7 prohibited acts, apply to ground-based sources of sound and not to aircraft in operation.
Because aircraft noise is exempt under Sec. 15-8(5) and preempted by federal law, the Town of Davie does not cite or fine aircraft operators for in-flight noise. Concerns should be directed to the FAA or the relevant airport authority; the town's code compliance fines (up to $1,000/day, $5,000/day repeat) apply only to non-exempt ground sources.
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