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Home My Public Portal About2001-01 Amending the Village Code re NoiseORDINANCE NO. 2001-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE," AMENDING SECTION 17-2 "DEFINITIONS" BY REVISING THE DAYS LISTED AS HOLIDAYS AND BY DEFINING THE TERMS "PLAINLY AUDIBLE," AND "LEAF BLOWER;" AMENDING SECTION 17-3 "PROHIBITED ACTS," BY AMENDING PARAGRAPH (F) "CONSTRUCTION," TO PROHIBIT NOISE FROM CONSTRUCTION ACTIVITIES ON SATURDAYS, AND CREATING PARAGRAPH (P) "POWER TOOLS AND LANDSCAPE EQUIPMENT," REGULATING NOISE FROM POWER TOOLS AND LANDSCAPE EQUIPMENT, AND CREATING PARAGRAPH (Q) "LEAF BLOWERS," PROHIBITING CERTAIN LEAF BLOWERS; AMENDING SECTION 17-7 "PENALTIES" BY AMENDING PARAGRAPH (B) "ADDITIONAL NOTICE REQUIREMENTS FOR VIOLATIONS OF SECTION 17-3(F)" TO PROVIDE FOR NOTICE TO GENERAL CONTRACTOR, AND CREATING PARAGRAPH (C) "REPEAT VIOLATIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council desires to amend the provisions of the Village Noise Ordinance, as provided herein, so as to enhance the protection of the public health, safety and welfare. 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 17-2 "Definitions," and amending Section 17-3 "Prohibited Acts" at paragraph (0 Underlined provisions indicate additions to existing text; deletions from existing text are indicated by strike -through. "Construction," and creating paragraph (p) "Power Tools and Landscape Equipment," and creating paragraph (Q) "Leaf Blowers," and amending Section 17-7 "Penalties" by amending paragraph (b) "Additional Notice Requirement For Violations of Section 17-3(f)," and creating paragraph (c) "Repeat Violations," each to read as follows: 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: Holidays. In addition to Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day. Columbus Day. Washington's Birthday (the third Monday in February). Martin Luther King. Jr. Birthday (the Third Monday in January). Thanksgiving Day. Christmas Day, Leaf Blower. Any device used. designed or operated to produce a current of air by fuel. electricity or other means to push. propel or blow lawn. tree or plant cuttings. refuse or debris. Plainly Audible. A noise which is unreasonably loud, raucous or jarring. Sec. 17-3. Prohibited Acts. The following acts are declared to be a Noise Disturbance and constitute a violation of this Chapter: (f) Construction. The creation of a loud or excessive noise in connection with the conducting of Construction: (1) Before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday; (2) Before 8:00 a.m. on Saturday, (3)(2) After 6:30 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday; (4) .m. uraay, 2 (5)L3j At any time on Saturday, Sunday and Holidays, except for Emergency work. The prohibition of loud or excessive Construction noise on Saturdays as set forth in Subparagraph (3) of this paragraph (f) shall not be applicable to Construction activities which are conducted between the hours of 8:00 a.m. and 4:30 p.m. if authorized by a building permit (the "Permit") or Development of Regional Impact Order (the "Order"). if such Permit or Order was issued before January 23. 2001. Notwithstanding the foregoing, the creation of 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. (p) Power Tools and Landscaping Equipment. The operation of noise - producing lawn mowers. lawn edgers. weed trimmers. chippers. leaf blowers. chain saws. power tools and other noise -producing tools which are used to maintain a residence or at a residence out-of-doors before 8:00 a.m. or after 6:00 p.m.. on Monday. Tuesday. Wednesday. Thursday and Friday. or before 10:00 a.m. or after 6:00 p.m. on Saturday. Sunday and Holidays. (q) Leaf Blowers. After April 1. 2001, it shall be unlawful for any person within the Village to use or operate any portable Leaf Blower machine to blow leaves, dirt, and other lawn. plant or tree debris off or upon sidewalks, driveways. lawns, or other surfaces unless said machine has a stamp from the manufacturer or testing laboratory certifying a rating of no more than 65 decibels. The purpose of this paragraph is to protect the public health. safety and welfare by reducing the amount of noise produced within the Village. and by mitigating the amount of airborne debris. dust and pollen. Sec. 17-7. Penalties. a) Generally. A Village police officer who finds a violation of this chapter, 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 17-3W. 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. If the violation is caused by a subcontractor involved in Construction, a copy of the citation shall also be provided to the general contractor of the work. Further, the General Contractor and sub- contractor shall be cited and be responsible for a violation of Section 17-3 (f). (c) Repeat Violations. Repeat violations of Section 17-1 or Section 17-3 of this Chapter shall be subject to enhanced fines as authorized for repeat violations by Section 162.09(2)(a), Fla. Stat. 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. Section 4. Penalty. Penalties shall be as provided by Section 17-7 of the Village Code. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 4 PASSED AND ADOPTED on first reading this 9th day of January , 2001. PASSED AND ADOPTED on second reading this 23rd day of January , 2001. MAYOR JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY 5 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 ORDINANCE AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE", ETC. JAN. 23, 2001 in the XXXXX was published in said newspaper in the issues of Jan 11, 2001 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 affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the • • se of securing this advertise- ment for pu • licat newspaper. 11 (SEAL) Octelma V. Ferbeyre personally kno re me this 2001 VILLAGE -OF KEY BISCAYNE PUBLIC NOTICE Notice is Sie givers that ftioWing ordinance will be considered on Second Reading bytl a Villagetcuncil of the Village ofst y Biscayne at a meeting to be held on Tuesday, January 23, 20�,a i 9p.m., in the Council Chamber, located at 85 West McIntyre Street, and Floor, Key Biscayne; Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE,' AMENDING SECTION 17-2 "DEF1N1- • TIONS" BY REVISING THE DAYS LISTED AS HOLIDAYS AND BY DEFINING THE TERMS PLAINLY AUDIBLE,` AND "LEAF BLOWER;" AMENDING SECTION 17 -3 -"PROHIBITED ACTS,' BY AMENDING PARAGRAPH (F) "CONSTRUCTIO,N," TO PROHIBIT NOISE FROM CONSTRUCTION ACTIVIT�S' OW", SATURDAYS, AND „CREATING PARAGRAPH ,(PY,"POWER TOOLS AND LANDSCAPE EQUIPMENT," REGULATING NOISE FROM POWER TOOLS AND LANDSCPE ..EQ.U1 MENT, AND CREATING PARAGRAPH (Q) "LEAF BLOWERS," PROHIBITING CERTAIN LEAF BLOWERS; AMENDING SEC- TION 17-7 "PENALTIES" BY AMENDING PARAGRAPH (B) "ADDITIONAL NOTICE REQUIREMENTS FOR VIOLATIONS OF SECTION 17-3(F)" TO PROVIDE FOR NOTICE TO GENER- AL CONTRACTOR, AND CREATING PARAGRAPH {C) RE- PEAT VIOLATIONS; PROVIDING'FOR SEVERABIILITY; PRO- VIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested partraa may appear at the Pubk Hearing and be heard with respect to the proposed Ordinance. Any-perstan wishing to address the Village Councihon any item at this Public Hearing is asked to register with the ViHage Clerk prior to that item being heard. Ira abcordanceWith the Americans With Disabilities Act of 1990, all per- , sons who are disabled and who need special ac cornrnedatioas•to partici- ! pate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, Florida,33149, telephone number (305) 385-5506, not later than two busk nest iays'pdor to such proceeding. Should any person- desire to appeal any decision of the Village Council with respectliS any nyatter to betconsidered at this meeting, that person H irrserethat'averbattre6Ordtit the proceedings is made including all tests and evidence upon Which any appeal may be based (F.S. 288.01). "rte •" '-Comments-of any interested party relative to this matter may be submit- - ted in writing and or presertted'in person at the public hearing r to me. jANarr LLERENA 1/11 NOTARY PUBLIC STATE OF FLORIDA COMMIS ON NO. CC 912958 MY CONiii lIS2' N E P. JUNE 23,2004 f Co Chita H. Alvarez, CMC Village Clerk 01-4-42/123700M