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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 ,