HomeMy Public PortalAbout2000-10 Amending Village Code Noise re ExemptionsORDINANCE NO. 2000-10
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE CODE BY
AMENDING CHAPTER 17 "NOISE," AMENDING SECTION
17-5 "EXEMPTIONS;" AMENDING PARAGRAPH (B)
THEREOF TO CREATE EXEMPTION FOR NOISE
CREATED BY PUBLIC IMPROVEMENT PROJECTS OF
THE VILLAGE, INCLUDING, BUT NOT LIMITED TO
BEACH RENOURISHMENT PROJECTS, SUBJECT TO
IMPLEMENTATION BY RESOLUTION OF THE VILLAGE
COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the Village Council desires to amend the provisions of the Village noise
ordinance to create an exemption for noise produced by public improvement projects of the Village,
including beach renourishment projects, if authorized by Council resolution.
NOW THEREFORE, 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 amending paragraph (b) thereof to read, as follows:'
Section 17-5. Exemptions.
The terms and prohibitions of this Chapter shall not be applied to or
enforced against:
(b)
(1) 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.
(2) The construction of public improvement projects of the Village. including. but not
limited to. beach renourishment projects. 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. 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
Underline provisions indicate additions to existing text. Deletions from existing text are indicated by strike through.
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.
Section 4. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 6th day of June , 2000.
PASSED AND ADOPTED on second reading this 11th day of July , 2000.
/
CONCHITA ALVAREZ, CMC, VILLAGE CLER
APPROVED AS TOj�RM/ M AND LFjyL SUFFICIE
RICHARD JAY WEISS, VILLAGE ATTORNEY
103001brdinances\exemption for noise created by beach renourishment project
MAYOR JOE I. RASCO
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -
Dade County, Florida; that the attached copy of advertise-
ment, being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE
MEETING JULY 11, 2000
ORDINANCE AMENDING THE
VILLAGE CODE BY AMENDING
CHAPTER 17 "NOISE" , ETC .
in the XXXXX
was_plblished in scikddIrdpaper in the issues of
Court,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -
Dade County, Florida, and that the said newspaper has
heretofore been continuously published in said Miami -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 Miami -Dade
County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and
s that sh
affiant further
any person,
mission or efun
ment for
day of
(SEAL)
Octelma V. Ferbe
ation a
purpose
he said n
either paid nor promised
y discount, rebate, com-
f securing this advertise-
spaper.
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6000
MARIA I. MESA
MY COMtvlISSION # CC 885640
nwY knSIXPIPERIAlarch 4, 2004
' Bonded Thru Notary Public Underwriters
WAGE OF ,,
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be held On TI t, : t1 ,� at titit„ in the CocriO8Chairiber, ,,
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da:
AN.ORDINANCE OF THE' VIA OF KEY BISCAYNE, FLORIDA,
AMENDING THE VILLAGE COCK' BY MEWING CHAPTER 17
"NOISE,' AMENDING SECTION 17 �N .AMENDI�
PARAGRAPH B . TiE OF TQ
NOISE CREATED BY PUBLIC CTS OF
THE VILLAGE, INCLUDING, BUTT Lf4ITED TO BEACH RE -
NOURISHMENT PROJECTS, SUBJECT TO ,IMPLEiiiENTATION
BY RESOLUTION OF THE VILLAGE COUNCIL; PROVIDING FOR
SEVERABIUTY; PROVIDING ROR INCLUSION IN THE 'FADE;
PROVIDING FOR EFFECTIVE DATE.
Interel ed *Ilea " 'rand be heard. A copy' of Ill
posed ordinance may be ` . ` aNillag# Hall, Office of the \
Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne,
33149.
: In accordance with the Americans With Disabilities Apt of -1990, all per-.i
sons who are disabled and who need special accommodations to partici-
pate in this proceeding because of that disability should contact the Office
of -the Village Clerk, 91 West Mclr>tyyre Street, Suite 203, Key Biscayne,
Florida 33149, telephone number (305)365-5506, not later than two busi- ,.
ness days prior to such proceeding.
Should any person desire to appeal anX 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 etiidence upon which any appeal may be based (F.S.
286.0105).
6/27
Conchita H. Alvarez, CMC
Village Clerk
00-4-04/66914M