HomeMy Public PortalAboutOrdinance 2023-0650 - Saturday Noise Ordinance Second ReadingORDINANCE NO. 2023-650
AN ORDINANCE OF THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA AMENDING CHAPTER 11
"NUISANCES" ARTICLE II "NOISE" OF THE CODE OF
ORDINANCES; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council of Bal Harbour Village ("Village") seeks to prohibit
certain noises on Saturdays in its Code of Ordinances; and
WHEREAS, the Village finds that these changes will improve the quality of life for its
residents and further the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above stated recitals are hereby adopted
and confirmed.
Section 2. Village Code Amended - Chapter 11. That Section 11-31
"Certain Noises restricted to specified hours" of Chapter 11 "Nuisances", Article II "Noise"
of the Code of Bal Harbour Village, Florida, is hereby amended to read as follows:'
CHAPTER 11 -NUISANCES
ARTICLE II. - NOISE
Sec. 11-31. Certain Noises restricted to specified hours.
(b) Prohibited Times.
M The Noises set forth in subsection (a)i) of this section are hereby prohibited at any
location and at any hour on Saturdays and Sundays and on New Year's Day, Christmas
Day, Independence Day, Labor Day, Thanksgiving Day, Memorial Day, Veteran's Day,
Good Friday, Yom Kippur, and Rosh Hashanah, and on Mondays through Fridays
' Additions to existing Village Code text are shown by underline; deletions from existing Village Code
text are shown by StFikethF ., gh. Any changes between first and second reading are shown by
highlighted double underline and font.
Bal Harbour Village Ordinance 2023-650 VER: 7 1
Say-& from 5:30 p.m. to 8:30 a.m., except as provided in subsections (d) and (e) of
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(2) The Noises set forth in subsection (a)(2) of this section are hereby prohibited at any
location and at any hour on Sundays and on New Year's Day, Christmas Day,.
Independence Day, Labor Day, Thanksgiving Day, Memorial Day, Veteran's Day Good
Friday, Yom Kippur, and Rosh Hashanah, and on Mondays through Saturdays from
5:30 p.m. to 8:30 a.m., except as provided in subsections (d) and (e) of this section.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the Village Council,
and it is hereby ordained that this Ordinance shall become and be made a part of the Bal
Harbour Village Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intention; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 5. Conflict. That all Sections or parts of Sections of the Code of
Ordinances, all ordinances or parts of ordinances, and all resolutions, or parts of
resolutions, in conflict with this Ordinance are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
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PASSED AND„�APOPTED on first reading this 16th day of May, 2023.
PASSE[�,^4, A.bbP>TED on second reading this 20th day of June, 2023.
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W
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- vit " o Pffrey P. Freimark
ATTEST: % -t r
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Dwight S. Danie, i lage Clerk
Bal Harbour Village Ordinance 2023-650 VER: 7 2
AP O _D T ORM AND LEGAL SUFFICIENCY:
Village Attorney
Weiss Serota Helfman Cole & Bierman P.L.
Bal Harbour Village Ordinance 2023-650 VER: 7