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Home My Public Portal About1995-13 Amending section 17-3 f of the code re construction noiseORDINANCE NO. 95-13 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO CONSTRUCTION NOISE; AMENDING SECTION 17-3(f) OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH THE CONDUCTING OF CONSTRUCTION; AMENDING SECTION 17-7 REGARDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, on June 6, 1995, this Council established the Construction Noise Ordinance Committee to study the issue of construction noise in the Village; and WHEREAS, the Committee held three public meetings and issued a Final Report dated June, 1995 setting forth the Committee's recommended amendments to the Code of the Village of Key Biscayne regarding construction noise; and WHEREAS, based upon the Committee's recommendations in the Final Report, this Council desires to amend the provisions of (a) Section 17-3(f) of the Code relative to loud or excessive noise in connection with the conducting of construction and (b) Section 17-7 of the Code relative to penalties for violations of the provisions of Section 17-3(f) of the Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That Section 17-2 of the Code of the Village of Key Biscayne is hereby amended to read as follows:1 1 has been added; ctruck through text has been deleted from existing language. Sec. 17-2. 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: Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar stationary emergency signaling device. Construction. Any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, or public or private rights -of -way, structures, utilities or similar property. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. 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. 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. 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. Section 2. That Section 17-3(f) of the Code of the Village of Key Biscayne is hereby amended to read as follows: (f) Construction. The creation of a loud or excessive noise in connection with the conducting of Construction between the hours of ;6:430 p.m. and 7:00 a.m. on weekdays, 44:430 p.m. and 8:00 a.m. on weekeAd66a':t:+Ia:ys and :: t ::any time on on.:: . and :ys and Holidays, except for Emergency work. :: it i era the...:foregoing, .. the cre. 2 d . : in ..•::: prohibited:.:::::•.' press ntat. ive : s Department prior Emerge= Work. Section 3. That Section 17-7 of the Code of the Village of Key Biscayne is hereby amended to read as follows: Sec. 17-7. Penalties. t::: :A Vvillage police officer who inds a violation of this chapter/ exc : :: «:shall issuea 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 upen fter 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. Vibt ec .... .io i ot. thp: viola riot•:• • : Correa ted i imme • -rt• r �n r r• -.-r-• r •rrt :.. �rr.....rn •m.-rrr: -r•.w • r •� •—•.•rt.•: .?.r -r.. 3 er er,. rI zed . reres e; s olatio: continues : tide. .. ...... . .... . . . ... . . . ...:._.: _ 1.a r.-. Section 4. 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 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 5. 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 6. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 12th day of September, 1995. 4 PASSED AND ADOPTED on second reading this 10th day of October, 1995. ATTEST: FESTA, MAYOR GUIDO H //YNGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 12- 1144 44 RI eRD JAY WEISS, VILLAGE ATTORNEY 5 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla 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 MEETING 10/10/95 ORD. RELATING TO CONSTRUCTION NOISE, ETC. In the XXXXXXX Court, wasuublis a n said nnewspaper in the issues of Sep 29, 1995 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 advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any disc . 1, rebate, commission or refund for the purpose of sec n ! this advertisement for publication in the said newsy •• _ • Sworn to and subscribed befor = me this 29 day • In (SEAL) Sookie Williams pers VILLAGE OF KEY BISCAYNE- PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, October 10, 1995, at 7:00 p.m., in the Council Chamber, at 85 West McIntyre Street, Second Floor, Key Bis- cayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA RELATING TO CONSTRUCTION NOISE; AMENDING SECTION 17-3(f) OF THE CODE OF KEY BISCAYNE REGARDING THE HOURS PROHIBITING LOUD OR EXCESSIVE NOISE IN CONNECTION WITH THE CONDUCTING OF CONSTRUCTION; AMENDING SECTION 17-7 REGARDING - PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Interested parties are invited to appear and be heard. Copies of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 85 West Mclntrye 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 meeting, that person shall insure that a verbatim record of the proceedngs is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). 9/29 p .. . ARY SEAL A.D. 1 . NES L. PENA N • : Y PUB IC STATE OF PLC UDA .CO $ON NO. CC-CI:1 9 MY COMMISSION EXP. 'AN. 6,1996 ally known to me.,. . Guido H. Inguanzo, Jr., CMC Village Clerk 95-4-092908M