HomeMy Public PortalAbout1993-16 Establishing prohibitions against excessive noiseORDINANCE NO. 93-16
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING PROHIBITIONS AGAINST
EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS;
ESTABLISHING PROHIBITED ACTS; REQUIRING
PERMITS FOR SPECIAL EVENTS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND
PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, Section 8.03 of the Village Charter incorporates all
code provisions, ordinances and resolutions contained in the Code
of Metropolitan Dade County (the "County Code") on the date of the
adoption of the Village Charter; and
WHEREAS, this Council wants to repeal any conflicting
provisions of the County Code pertaining to excessive noise, and
establish its own definitions and prohibitions against excessive
noise, as well as enforcement and penalties for violations; and
WHEREAS, it is in the public interest of the residents of the
Village to regulate excessive noise;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Code of the Village of Key Biscayne is
hereby amended by adding a new chapter which shall read as follows:
CHAPTER . NOISE
Sec. 1. Prohibition. It shall be unlawful for any
person to make, continue or cause to be made or continued
any loud, excessive, unnecessary or unusual noise. For
purposes of this chapter, the word "noise" shall mean any
sound in quantities which are or may be potentially
harmful or injurious to human health or welfare, or which
unnecessarily interferes with the enjoyment of life or
property, including outdoor recreation, of a reasonable
person with normal sensitivities.
Sec. 2. Definitions. The following words, terms and
phrases when used in this chapter shall have the meaning
ascribed to them in this section, except where the
context clearly indicates a different meaning:
a. Alarm. Any fire, burglary, motor vehicle,
motorboat or civil defense alarm, whistle or
similar stationary emergency signaling device.
b. Construction. Any site preparation, assembly,
erection, substantial repair, alteration,
demolition or similar action, of public or private
rights -of -way, structures, utilities or similar
property.
c. Emergency. Any occurrence or set of
circumstances involving actual or imminent physical
trauma or property damage demanding immediate
attention.
d. Holidays. In addition to Sundays, those days
declared by the laws of the State to be legal
holidays, including New Year's Day, Presidents'
Day, Memorial Day, Independence Day, Labor Day,
Columbus Day, Thanksgiving Day and Christmas Day.
e. Motor Vehicle. A two or more wheel vehicle,
or machine, propelled or drawn by mechanical power,
gas or diesel, and used on the public roads and
highways in the transportation of people or
property.
f. Motorboat. Any vessel which is propelled or
powered by machinery and which is used or capable
of being used as a means of transportation on
water.
Sec. 3. Prohibited Acts. The following acts are
declared to be loud, excessive, unnecessary, or unusual
noises in violation of this Chapter:
a. Excessive Noise. Any noise which is hazardous
to public health, welfare, safety or the quality of
life within the limits of the Village or of such
character, intensity or duration which disturbs the
public peace and welfare.
b. Horns, Signaling Devices, etc. The sounding
of any horn or signaling device on any Motor
Vehicle or Motorboat on any street or place in the
Village, except as a danger warning; the creation
by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding
of any such device for any unnecessary and
unreasonable period of time.
c. Radios, Televisions, Phonographs, Musical
Instruments, etc. The using, operating, playing,
or permitting to be played, used or operated any
radio, television, phonograph, musical instrument,
or other machine or device for the producing or
reproducing of sound in such manner as to disturb
the peace, quiet and comfort of the neighboring
inhabitants, or at any time with louder volume than
is necessary for convenient hearing for the person
or persons who are in the room, Motor Vehicle,
Motorboat or area in which such machine or device
is operated and who are voluntary listeners
thereto. The operation of any such radio,
television, phonograph, musical instrument or other
machine or device between the hours of 11:00 p.m.
and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00
a.m. on weekends and Holidays in such a manner as
to be plainly audible at a distance of 100 feet
from the building, structure, Motor Vehicle, or
Motorboat in which it is located shall be prima
facie evidence of a violation of this Chapter.
d. Animals, Birds, etc. The owning, possessing
or harboring of any animal or bird which causes,
between the hours of 11:00 p.m. and 7:00 a.m.,
frequent or continued noise which is plainly
audible at a distance of 100 feet from the building
or structure in which the animal or bird is
located.
e. Exhausts. The discharge into the open air of
the exhaust of any engine, stationary internal
combustion engine, Motor Vehicle or Motorboat
engine, except through a muffler or other device
which will effectively prevent loud or explosive
noises therefrom.
f. Construction. The creation of a loud or
excessive noise in connection with the conducting
of Construction between the hours of 7:00 p.m. and
7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m.
on weekends and Holidays, except for Emergency
work.
g. Firearms or Explosives. The use or firing of
any explosives, firearms or similar devices, except
in an Emergency, or using or firing firecrackers,
skyrockets or the like without the prior approval
of the Village Manager.
h. Loudspeaker or Sound Amplifier. The using or
operating of any loudspeaker, loudspeaker system,
sound amplifier or other similar device between the
hours of 11:00 p.m. and 7:00 a.m. on weekdays and
12:00 a.m. and 8:00 a.m. on weekends and Holidays,
such that the sound therefrom is plainly audible at
a distance of 100 feet from the building,
structure, Motor Vehicle or Motorboat in which it
is located; provided, however, that this shall not
apply to any public performance, gathering or
parade for which a permit has been obtained from
the Village Manager pursuant to Section 4 of this
Chapter.
i. Loading or Unloading. The creation of a loud
or excessive noise in connection with the loading,
unloading, opening, closing or other handling of
boxes, crates, containers, refuse cans or other
objects between the hours of 7:00 p.m. and 7:00
a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on
weekends and Holidays.
j. Commercial Maintenance Equipment. The use of
commercial maintenance equipment which creates a
loud or excessive noise in connection with the
operation of said equipment within 100 feet of any
residential area between 7:00 p.m. and 7:00 a.m.
weekdays and 7:00 p.m. and 8:00 a.m. weekends and
Holidays.
k. Defect in Motor Vehicle or Motorboat. The use
of any Motor Vehicle or Motorboat so out of repair,
so loaded or in such a manner as to create loud or
unnecessary grating, grinding, rattling or other
noise.
1. Hawkers/Peddlers. The shouting and crying of
peddlers, hawkers, and vendors which disturbs the
peace and quiet of the neighborhood.
m. Schools, Courts, Hospitals, Places of
Religious Worship. The creation of any excessive
noise on any street or place adjacent to any
school, court, hospital or place of religious
worship, while the same are in use, which
unreasonably interferes with the operation of such
institution or which disturbs or unduly annoys the
persons within such institutions.
n. Aircraft. The use of any mechanical
loudspeakers or amplifiers in any moving airplane
or any other kind of aircraft, over any part of the
Village, for advertising or other purposes.
o. Open Air Concerts, Musical Broadcasts, etc.
The playing, broadcasting or transmitting of music
in such a manner as would reasonably be calculated
to attract a crowd or cause persons to congregate
in or on any open space, lot, yard, park, sidewalk
or street, or to permit the same to occur on or
from any property owned, leased or occupied by said
person(s) without first having obtained a permit to
do so as provided in section 4 of this Chapter;
except no permit shall be required of any person(s)
in order to engage in such activity within the
residential property wherein such person(s)
resides.
Sec. 4. Permits for Special Events. Upon written
application to the Village Manager or his or her designee
submitted a minimum of ten days prior to an event at
which noise levels are expected to violate this Chapter,
the prohibitions or hour restrictions contained herein
may be modified subject to such conditions as the Village
Manager may impose. The decision of the Village Manager
shall be final and not subject to appeal.
a. Permit Application Information. The
application for a permit under this section shall
contain the following information:
(1) The name, date of birth, address and telephone
number of the person who will be in charge of
the activity or event for which a permit is
requested;
(2) The name of the person or entity seeking the
permit;
(3) The exact date and time for which the permit
is sought; and
(4) The exact location of the activity or event
for which a permit is requested.
(5) A description of the activity or event for
which a permit is requested.
b. Permit Contents, Time Restrictions. Permits
issued under this section shall specify the date
and time during which the activity or event
authorized by permit may be conducted. No permit
shall be issued which encompasses more than one
calendar day, or a span of hours in excess of eight
hours; nor shall the requested activity or event
commence or continue beyond the hour of 11:00 p.m.
in any case.
c. Procedures for Administrative Permits. The
Village Manager is hereby authorized to promulgate
reasonable rules and procedures for the
application, issuance and revocation of such
permits.
d. Criteria for Permit Issuance; Posting of Bond.
Issuance of a permit under this section shall be
based on a determination by the Village Manager or
his or her designee that the activity or event for
which a permit is requested does not constitute a
threat to public safety; constitute a danger or
impediment to the normal flow of traffic; or
constitute a potential disturbance of the peace and
quiet of persons outside the premises where the
activity or event is located. The Village Manager
or his or her designee may require that a bond be
posted in an amount sufficient to secure the costs
of cleanup, repair or replacement of damage or
destruction of property and shall be subject to
forfeiture for purposes of paying any such costs.
e. Person Designated As Being In Charge To Be
Present. The person designated in the permit
application required in this section as being the
person in charge of the activity or event for which
the permit is sought must remain at the location of
said activity or event during the entire time
stated in the permit. It shall be unlawful and a
violation of this section for said designated
person in charge to fail to remain in attendance at
the location of the activity or event authorized by
the permit for the entire time specified in the
permit.
Sec. 5. Exemptions. The terms and prohibitions of
this Chapter shall not be applied to or enforced against:
a. Any Motor Vehicle, Motorboat or other vehicle
of the Village, the County, the State or licensed
public utility vehicle within the Village while
engaged in necessary public business.
b. Excavation or repairs of bridges, streets,
highways, street lights or utilities, by or on
behalf of the Village, the County, or the State, or
performance of such work during the night if the
public welfare and convenience renders it
impossible to perform such work during the day.
c. A reasonable use of amplifiers or loud-
speakers in the course of public addresses or
gatherings which are non-commercial in character;
noise generated in the course of a special activity
or event which has obtained a permit pursuant to
section 4 of this Chapter; noise generated for the
purpose of alerting persons to the existence of an
Emergency or noise generated in the performance of
Emergency work.
Sec. 6. Enforcement. This Chapter shall be enforced by
the Village Police Department or any other official of
the Village authorized to enforce this Chapter.
Sec. 7. Penalties. A Village police officer who finds
a violation of this Chapter shall issue a citation to the
violator requiring immediate correction of the violation,
and shall impose a fine in the amount of $150.00 for
which the violator shall be liable. If the violation is
not corrected immediately by the violator upon issuance
of the citation, the police officer shall issue a second
citation and shall impose an additional fine in the
amount of $350.00. In the event that the violation
continues after issuance of the second citation to the
violator, the violation shall constitute a public
nuisance and may subject the violator to arrest pursuant
to State law.
Section 2. Repeal of Conflicting Provisions. That any
conflicting provisions, ordinances or resolutions of the County
Code, as made applicable to the Village by Section 8.03 of the
Village Charter, are hereby repealed in their entirety.
Section 3. Severability. 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
7
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. It is the intention of the
Village Council, and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Code of Key
Biscayne, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. Effective Date. This Ordinance shall be effective
upon adoption on second reading.
PASSED AND ADOPTED on first reading this 14th day of
September , 1993.
PASSED AND ADOPTED on second reading this 28th day of
September , 1993.
ATTEST:
4,
V/4
FA H. CONTE, MAYOR
GUIDO H.INGUANZO, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
1ad\keybisca\ord\noise
8
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
SECOND READING MEETING
SEPTEMBER 28, 1993
the X . X. X Court,
,as published in said newspaper in the issues of
September 17, 1993
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of rtisement; and affiant further says that she has
neithe paid nor promised any person, firm or corporation
any d = cou , rebate, commission or refund for the purpose
of se uri this advertisement for publication in the said
news
17 day of
•
Gi
Sworn to and subscribed before me this
September,,,. •� s 93
(SEAL)
•
Sookie Williams personally known to �O
••:F QF FLO.••O
OFFICIAL NOTARY SEAL
CHERYL H MAV tEE
COMt Ub6tON NO. CCt9If42
MY COhMgaaoiJ EXP. APR. 12,19911
VILLAGE OF KEY BISCAYNE
PUBLIC NOTICE
Notice is hereby given that the following ordinances will be
considered on Second Reading by the Key Biscayne Village -Coun-
cil at a meeting to be held on Tuesday, September 28, 1993, at 7:00
p.m., in- the Council Chamber, at 85 West McIntyre Street, Second
Floor, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ADOPTING THE OFFICIAL -SEAL OF THE VIL-
LAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ESTABLISHING PROHIBITIONS AGAINST
EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS;
ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS
FOR SPECIAL EVENTS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES FOR
VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE.
Interested parties are invited to appear and be heard. Copies of
the proposed ordinances may be obtained at Village Hall, Office of
the Village Clerk, 85 West McIntyre Street, Key Biscayne, Florida
33149.
Should any person desire to appeal any decision of the Village
Council with respect to any matter to be considered at this meet-
ing, that person shall insure that a verbatim record of the proceed-
ings is made including all testimony and evidence upon which any
appeal may be based (F.S. 286.0105).
Guido H. Inguanzo, Jr.
Village Clerk
9/17 93-4-091711M