HomeMy Public PortalAbout2000-03 Amending the Village Code Chapter 17 Noise by amending ExemptionsORDINANCE NO. 2000-3
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 17 "NOISE", BY AMENDING
SECTION 17-5 "EXEMPTIONS;" CREATING PARAGRAPH
(D); PROVIDING FOR VILLAGE COUNCIL TO BE
AUTHORIZED BY RESOLUTION TO PROVIDE FOR
LIMITED EXEMPTION FROM NOISE REGULATIONS FOR
CERTAIN HOLIDAY CELEBRATIONS, SUBJECT TO
CONDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
.
Whereas, the Village Council desires to amend the provisions of the Village noise ordinance
to enable the Village Council, by resolution, to provide for a limited exemption for certain holiday
celebrations.
IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Village Code is hereby amended by amending Chapter 17 "Noise", by amending
Section 17-5 "Exemptions", by creating Paragraph (d) to read as follows':
Section 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 the course
of public addresses or gatherings which are noncommercial in
character; noise generated in the course of a 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.
(d) Holiday celebrations held on July 4, December 31 to January
1, or other holidays, but solely to the extent authorized by and
subject to the conditions set by resolution of the Village
Council, as adopted after a public hearing:
(1) if conducted for social, noncommercial purposes at private
residences; and/or,
(2) if conducted at restaurants or hotels.
Any violation of the conditions of the resolution shall cause a
waiver of the exemption and shall constitute a violation of this
Chapter.
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 the
Village of Key Biscayne; 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.
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Section 4. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 8th day of February , 2000.
PASSED AND ADOPTED on second reading this 14th day of March , 2000.
CONCHITA H. ALVAREZ, CMC, VILLAGE
qatiON
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD JAY W S, VILL ATTORNEY
I03001\ordinances\amending chapter 17 — Noise
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MAYOR JOE I. RASCO