HomeMy Public PortalAbout1998-01 Amending Village Code Noise re HolidaysORDINANCE NO. 98-1
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA (THE "VILLAGE"); AMENDING THE VILLAGE
CODE BY AMENDING CHAPTER 17 "NOISE", AT SECTION
17-2 "DEFINITIONS" BY AMENDING THE DEFINITION OF
"HOLIDAYS" TO REMOVE THE REFERENCE TO DAYS
DECLARED TO BE LEGAL HOLIDAYS BY THE LAWS OF
THE STATE OF FLORIDA, SO AS TO REMOVE HOLIDAY
NOISE RESTRICTIONS FROM THOSE DAYS WHICH ARE
NOT SPECIFICALLY LISTED AS HOLIDAYS IN SECTION
17-2; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 17 "Noise" of the Village Code, provides specific restrictions upon
noise occurring on holidays; and
WHEREAS, Section 17-2 of the Village Code defines the term "Holidays" by listing
Sundays, certain specifically enumerated days, and additionally referencing holidays as those days
declared by the laws of the State to be legal holidays; and
WHEREAS, pursuant to Section 683.01, Florida Statutes, the State has declared a lengthy
list of legal holidays; and
WHEREAS, inclusion of the State listed holidays within the term "Holidays" as used in
Section 17-2 results in the creation of a greater level of restrictions upon necessary lawful activities,
including construction and maintenance activities; and
WHEREAS, the Village Council desires to amend Section 17-2 to remove the reference to
those additional days declared to be holidays by the laws of the State of Florida, for purposes of the
noise restrictions, but to retain the specifically enumerated description provided by Section 17-2 of
those days which constitute holidays.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:1
Section 1. That the Village Code is hereby amended by amending Chapter 17 "Noise," at
Section 17-2 "Definitions," by amending the term "Holidays" to read as follows:
Holidays. In addition to Sundays,
the Statc to be lcgal holidays, including New Years Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day.
Section 2. 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 3. 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 4. Effective Date. This Ordinance shall be effective immediately upon passage by
the Village Council on second reading.
1/ Additions to existing text are indicated by underline; deletions are indicated by strikcout.
2
PASSED AND ADOPTED on first reading this 13th day ofJanuary, 1998.
PASSED AND ADOPTED on second reading this 27th day ofJanuary, 1998.
a_..e,-4—.
F. FESTA, MAYOR
CONCHITA ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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RICHARD J. WEISS, VILLAGE ATTORNEY
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 Dally 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 - JAN. 27, 1998
AN ORDINANCE AMENDING
CHAPTER 17 "NOISE", ETC.
In the XXXXX Court,
wai pubnlished ,n srtid5n paper in the Issues cf 16 i
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 ext preceding the first publication of the attached
c . of a vertisement; and affiant further says that she has
ither p id nor promised any person, firm or corporation
ny disc nt, rebate, commission or refund for the purpose
secu ng this a = rtisement for publication in the said
n wsp • er.
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Sookie Williams
OFF IAL NOTARY SEAL
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OF FLO JUNE 23 2000
VILLAGE OF KEY BISCAYNE
PUBLIC NOTICE
Notice is hereby: even that the following ordinance wid be consid-
ered on Second Rig by the Key Biscayne Wage Council at a
meeting to be held on Tuesday, January 27, 1998 at 7:00 p.m., in the
Council Chamber, located at 65 West McIntyre Street, Second Floor,
Key Biscayne, Florida:
•. AN ORDINANtd OF THE VILLAGE OF BISCAYNE,
FLORIDA (THE .VILLAGE"); AMENDING THE VILLAGE
CODE BY AMENDING CHAPTER 1/ 'NOISE , AT SECTION
17-2 'DEFINITIONS" BY AMENDING THE DEFINITION OF
'HOLIDAYS' TO REMOVE THE REFERENCE TO DAYS
DECLARED TO BE LEGAL HOUDAYS BY THE LAWS OF
THE STATE OF FLORIDA, -SO AS TO AEMOVIE O DAY
WWII RESTRICTIONS FROM THOSE DAYS ARE
NOT SPECIFICALLY USTED AS HOUDAYS IN SECTION
17-2; PROVIDING FOR SEVERABIUTY; PROVIDING FOR
INCLUSION N THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
Interested pities are invited to appear and be heard. A copy of the
proposed ordnance may be obtained at V>{fage Hats, Office of the Vil-
lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Rorida
33149. interested parties may appear at the Public Hearing and be
heard with respect to the proposed ordnance.
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 _Gletk, 91 West Mdntyre Street, Suite 201,
Key Biscayne, .Florida 33149, telephone `'number 0306) 365-5506, not
later than two business days prior to such proceecbng.
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 proceedingsis
made including all testimony and evidence upon which any=
may be based (F.S. 286.0105).
Conchita H. Alvarez
Village Clerk
1/16 98-4-1111603M