HomeMy Public PortalAbout1997-07 Amending Chapter 17 NoiseORDINANCE NO. 97-7
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING CHAPTER 17 "NOISE" OF THE
CODE OF THE VILLAGE OF KEY BISCAYNE; PROVIDING
FOR SEVERABILITY; INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, AS FOLLOWS':
Section 1. Chapter 17 of the Code of the Village of Key
Biscayne, Florida is amended to read as follows:
Sec. 17-1. 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 disturbance. For purposes of this chapter,
the word "noise disturbance" 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. 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.
1/ Underlined text has been added to existing language;
struck through tcxt has been deleted from existing language.
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, Memorial Day, Independence Day, Labor 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.
Sec. 17-3. Prohibited acts.
The following acts are declared to be loud, cxccccivc,
unnccc3cary, or unu3ual noi3cs in a noise disturbance and
constitute a 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 cause
noise disturbance so 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
is which such machine or device is operated and who
2
are voluntary listeners thereto. The operation of
such radio, television, phonograph, musical
instrument or other machine or device:
a) before 7:00 a.m. on Monday, Tuesday,
Wednesday, Thursday and Friday;
b) before 8:00 a.m. on Saturday, Sunday
and Holidays;
c) after 11:00 p.m. on Sunday, Monday,
Tuesday, Wednesday and Thursday;
d) after 12:00 p.m. on Friday, Saturday
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,
bctwccn the hours of before 7:00 a.m. or after
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:
a) before 7:00 a.m. on Monday, Tuesday,
Wednesday, Thursday and Friday;
b) before 8:00 a.m. on
Sunday and Holidays;
c) after 6:30 p.m. on
Tuesday, Wednesday, Thursday and Friday;
d) after 4:30
Sunday and Holidays,
p.m. on
Saturday,
Monday,
Saturday,
bctwccn the hour of 6:30 p.m. and 7:00
a.m. on wcekday3, 4:30 p.m. and 8:00 a.m. on
Saturday3 and at anytimc on Sundays and
H l i dziys , except for Emergency work.
Notwithstanding the foregoing, the creation of a
loud or excessive noise in connection with the use
and operation of heavy equipment for earth moving
and compacting, concrete demolition or pile driving
is prohibited at any time on Saturdays. If
Emergency work is to be performed, the owner of the
property upon which such Emergency work is
performed or the property owner's authorized
representative shall notify the Village Police
Department prior to the commencement of such
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
a) before 7:00 a.m. on Monday, Tuesday,
Wednesday, Thursday and Friday;
b) before 8:00 a.m.
on Saturday, Sunday
and Holidays;
c) after 11:00
Tuesday, Wednesday and
d) after 12:00
and Holidays,
p.m. on Sunday, Monday,
Thursday;
p.m. on Friday, Saturday_
11:00 p.m. thru and 7:00 a.m. thc following day_ on
wcckday3 Sunday, Monday, Tucoday, Wcdnc3day and
Thursday and 12:00 a.i. midnight thru and 8:00 a.m.
thc following day on Friday, Saturday wcckdayo 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 17-4.
(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
a) before 7:00 a.m. on Monday, Tuesday,
Wednesday, Thursday and Friday;
b) before 8:00 a.m. on Saturday, Sunday and
Holidays;
c) after 7:00 p.m.
and 7:00 a.m. on wcckdaya and 7:0.0 p.m. and 8:00
a.m. on wcckcnd3 and Ilolidaya.
(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
a) before 7:00 a.m. on Monday, Tuesday,
Wednesday, Thursday and Friday;
b) before 8:00 a.m. on Saturday, Sunday and
Holidays;
c) after 7:00 p.m.
be twc car 7:00 p.m. and 7:00 a.m. weckday3 and 7:00
p.m. and 8:00 a.m. on wcckcndk3 and Ilolidaya.
(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) School, 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 a provided in section 17-4; 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. 17-4. 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 -;and
(5) A description of the activity or event for
which a permit is requested.
(b) Permits 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 thc rcqucotcd activity or cvcnt
commcncc or continuc bcyond thc hour of 11:00 p.m.
6
(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) Persons 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. 17-5. 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 loudspeakers in
7
the course of public addresses or gatherings which
are noncommercial in character; noise generated in
the course of special activity or event which has
obtained a permit pursuant to section 17-4; noise
generated for the purpose of alerting persons to
the existence of an Emergency or noise generated in
the performance of Emergency work.
Sec. 17-6. Enforcement.
This chapter shall be enforced by the Village Police
Department or any other official of the Village authorized to
enforce this chapter.
Sec. 17-7. Penalties.
(a) Generally. A Village police officer who finds a
violation of this chapter, cxcluding violations of
Section 17.3(f) shall issue a verbal warning to the
violator requiring immediate correction of the
violation. If the violation is not corrected
immediately by the violator after issuance of the
verbal warning, the police officer 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 after
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.
(b) Additional Notice Requirements For Violations of
Section 17-3(f). A Village police officer who
f ind3 a violation of Section 17 3(f) Con3 truction
Shall i33uc a warning to thc violator requiring
immcdiatc correction of thc violation. If thc
violation io not corrected immediately by thc
violator aftcr iaouancc of the warning, thc police
officcr 3hall i33uc a citation to thc violator
requiring immcdiatc correction of thc violation,
and 3hall impooc a finc of $150.00 for which thc
violator shall be liable. If thc violation i3 not
corrected immcdiatcly by thc violator aftcr
i33uancc of thc citation, thc police officcr 3hall
io3uc a occond citation and 3hall impo3c an
additional finc in thc amount of $350.00. For
citations issued under Section 17-3(f),
Construction, if the violator is not the property
owner or the property owner's authorized
representative, a copy of each citation shall be
provided to the property owner or the property
owner's authorized representative. In thc cvent
that thc violation continuao after i3-xaxcc of thc
occond citation to the violator, thc violation
Shall conotitutc a public nui3anoc and may 3ubjcct
thc violator to arrc3t pur3uant to State law.
Section 1. 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 2. 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 3. Effective Date. This Ordinance shall be
effective upon adoption on second reading.
PASSED AND ADOPTED on first reading this 25th day of
February , 1997.
9
PASSED AND ADOPTED on second reading this llth day of
March , 1997.
OHN F. FESTA, MAYOR
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RIC D JAY WEISS, VILLAGE ATTORNEY
103001\Ordinance\Noise.J29
10
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 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
MEETING MARCH 11, 1997
AN ORDINANCE AMENDING CHAPTER
17 "NOISE"
In the XXXXX Court,
was published in said newspaper in the issues of
Feb 27, 1997
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 mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one xt preceding the first publication of the attached
ertisement; and affiant further says that she has
d nor promised any person, firm or corporation
unt, rebate, commission or refund for the purpose
ng this advertisement for publication in the said
cop
nel
an
of
ne aper.
r
•
Sworn to and subscribed before me t
27 Feruary ?
day of , A.D. 19
(SEAL)
Sookie Williams personally kn
iy,(2Y Po oFFlc1f.t
wt y k
Q
�fF � MY COMMZSS'ON EXPIRES
OF f‘.0 APR. 12,2000
d1 Clif_RY L H
CC545364
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is' hereby given that the following ordinance will be consid-
ered on Second Reeding by the Key Biscayne Village Council at a
meeting to be held on Tuesday, March 11, 1997, at 7:00 p.m., in the
Council Chamber, located at 85 West Mclntyre Street, Second Floor,
Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AMENDING CHAPTER 17 NOISE' OF THE
CODE OF THE VILLAGE OF KEY BISCAYNE; PROVIDING
FOR SEVERABILITY; INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
Interested parties are invited to appear and be heard. A copy of,the
proposed ordinance may be obtained at Village Hall, Office of the Vil-
lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida
33149. Interested parties may appear at the Public Hearing and be
heard with respect to the proposed ordinance.
In accordance with the Americans With Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the Village Clerk, 91 West Mclntyre Street, Suite 201,
Key Biscayne, Florida 33149, telephone number (305) 365-5506, not
later than two business days prior to such proceeding.
Should any person desks to appeal any decision of the Village
aerzanymmitter to be considered at this meeting,
that person shall insure that a verbatim reconi of the proceedings is;
made including alt testimony a, evidence upon which any appeal
may be based (F.S. 286.0105).
2/27
Conchita H. Alvarez -
Village Clerk
97-4-022795M ,