HomeMy Public PortalAbout2000-12 Implementing limited exemption from noise regulations for certain celebrationsRESOLUTION NO. 2000-12
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING
LIMITED EXEMPTION FROM NOISE REGULATIONS FOR
CERTAIN HOLIDAY CELEBRATIONS PURSUANT TO
SECTION 17-5(d) OF CHAPTER 17 "NOISE" OF THE
VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Village Council desires to implement the limited exemption from noise
regulations for certain holiday celebrations, as authorized by Section 17-5(d) of the Village Code,
subject to the conditions provided herein; and
WHEREAS, the Village Council has held a public hearing prior to the adoption of this
resolution.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. A. Exemption. That pursuant to Section 17-5(d) of the Village Code, the
regulations of Chapter 17 "Noise" of the Village Code shall not be applicable to or enforced against
holiday celebrations held on July 4 (between the hours of 8:00 AM of July 4 until 2:00 AM of July
5), or holiday celebrations held on December 31 through January 1 (between the hours of 8:00 AM
of December 31 until 2:00 AM of January 1) (and other holiday celebrations designated by the
Village Manager), if such holiday celebrations are:
1. Conducted for social, noncommercial purposes at private residences; and/or
2. Conducted at restaurants or hotels;
and comply with each of the following conditions:
(a) any person desiring to avail himself or herself (the "Applicant") of the
exemption provided herein shall first register the Applicant's request for
exemption with the Village Manager, on a registration form provided by the
Village for such purpose, no less than fifteen (15) days prior to the date of the
holiday celebration for which the exemption is requested. The registration
form shall include a provision requiring that the Applicant shall comply with
the conditions of this resolution.
(b) The exemption provided by this resolution shall not include activities
occurring between the hours of 2:00 A.M. and 8:00 A.M. of the same day.
(c) The Applicant shall agree to provide off -duty law enforcement personnel, at
the sole expense of Applicant, if it is determined by the Village Manager that
such services are necessary to avoid the creation of a nuisance by
unreasonably disturbing the occupants of other premises.
(d) The Applicant shall conduct the holiday celebration in a manner which
mitigates any adverse impact outside of the premises upon which the
celebration is held, and in compliance with any noise mitigation measures
required by the Village Manager.
(e) The Village Manager grants the exemption request in writing by issuance of
a certificate of registration to the Applicant.
B. Denial of Exemption. The exemption shall be denied by the Village Manager if:
(1) the Applicant fails to agree to provide off -duty law enforcement or noise
mitigation measures, if required pursuant to paragraphs (A)(c), (d) above;
(2) the Village Manager finds that the holiday celebration may tend to create a
nuisance by unreasonably disturbing the occupants of other premises if an
exemption is granted.
c_. Violation. Any violation of the conditions of this resolution shall cause a waiver of the
exemption provided by this resolution and shall constitute a violation of Chapter 17 of the Village
Code.
Section 2. That this Resolution shall be effective from and after adoption hereof.
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PASSED AND ADOPTED this 14th day of March , 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE
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PLORO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY.
411C-
RIC 1 ARD JAY WEIS AVILLA TTORNEY
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MAYOR JOE I. RASCO