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HomeMy Public PortalAboutORD 74/04F 7y -V ORDINANCE NO. AN ORDINANCE OF THE TOWN OF GULF STREAM, FLORIDA DECLARING THE OPERATION OF MACHINERY OR CARRYING ON OF CONSTRUCTION TO BE PROHIBITED DURING CERTAIN PERIODS PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. WHEREAS, the operation of certain heavy equipment and machinery and the carrying on of construction during certain periods of time within the limits of the Town of Gulf Stream is determined to be obnoxious and offensive to the citizens of the Town to the extent that it effects the public health, comfort, convenience, safety and welfare of the residents of the Town; and WHEREAS, the Town Commission does hereby find, declare and determine that the public health, comfort, convenience, safety and welfare of the residents and inhabitants of the Town of Gulf Stream require the adoption of an Ordinance as hereinafter set forth; now, therefore BE IT ORDAINED, by the Town Commission of the Town of Gulf Stream, Florida as follows: Section 1: Operation of Machinery or Construction- Prohibited During Certain Periods. The erection (including excavating), demolition, altera- tion or repair of any building, other than between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. on weekdays including Saturday, is hereby prohibited, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector. The permit may be granted for a period not to exceed three (3) days or less while the emergency continues. If the building inspectorAshall determine that the public health and safety will not be impaired by the erection, JOHNSTON JENTHAL & JOHNSTON 15 HARVEY BUILDING :8T PALM BEACH, FLA. 33402 demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 5:00 o'clock p.m. and 8:00 o'clock a.m., and further determines that loss or inconven- ience would result to any party in interest, he may grant per- mission for such work to be done within the hours of 5:00 o'clock p.m. and 8:00 o'clock a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work except that the owner or lessee of a single family residence, when a city license is not required, may work on his property during the hours of 8:00 o'clock a.m, to 8:00 o'clock p.m. on Monday through Saturday. Section 2: Any person, firm or corporation found guilty of a violation of the provisions of this Ordinance shall be punished by a fine not to exceed $100.00 or by imprisonment in the Town jail for a period of one (1) month, or by both such fine and imprisonment. Section 3: In the event any court of competent jurisdiction should find that any section, subsection or paragraph of this chapter is unconstitutional or unenforceable, then and in that event the same shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 4- All Ordinances or parts of Ordinances in conflict here- with be and the same are hereby repealed. Section 5: That this Ordinance shall take effect immediately upon its passage and approval, as provided by law. JOHNSTON 1974. IENTHAL R JOHNSTON 5 HARVEY BUILDING 2T PALM BEACH, FLA. 33402 PLACED ON FIRST READING this 9th day of March , 2 JOHNSTON LILIENTHAL & JOHNSTON 1115 HARVEY BUILOINC WEST PALM BEACH, FLA. 3SAOP -IS PASSED AND ADOPTED on second and final reading this 12 day of April ST: TOWN CLERK 1 d Cw S-, TOWN COMMISSION e TOWN VOMMISSION TOWN COMPISSION 3