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Home My Public Portal About2004-07 Amending the Village Code Noise to Provide for an exemption for Public School Construction WorkORDINANCE NO. 2004-7 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 17 "NOISE," BY AMENDING SECTION 17-5 "EXEMPTIONS", AT PARAGRAPH (b) THEREOF, TO CREATE SUBPARAGRAPH (3) TO PROVIDE FOR AN EXEMPTION FOR PUBLIC SCHOOL CONSTRUCTION WORK; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the School Board of Miami -Dade County, Florida (the "School Board"), has requested that the noise regulations of the Village be amended to provide for an exemption for public school construction or improvement projects of the School Board, so as to facilitate the completion of necessary public school projects; and WHEREAS, the Village Council finds that an amendment of the Village noise regulations, as provided herein, is in the best interest of the Village. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. That the Village Code of the Village of Key Biscayne, Florida, is hereby amended by amending Chapter 17 "Noise", at Section 17-5 "Exemptions", by creating paragraph (b)(3) of said section to read as follows:' Sec. 17-5. Exemptions. The terms and prohibitions of this chapter shall not be applied to or enforced against: 1 / Additions to existing Village code text are indicated by underline; deletions from existing Village code text are indicated by strikethrough. (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 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. (3) The construction of public school improvements as a project of the School Board of Miami -Dade County, Florida (the "School Board"), including, but not limited to. the improvement of existing schools or construction of new schools, 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 3. Severability. That 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 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 4. Inclusion in the Code. That 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. 2 Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 25th day of May , 2004. PASSED AND ADOPTED on second reading this 22nd day of June , 2004. 4,070, CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC WEISS SERO A H 1 GUEDES COLE & BO VILLAGE ATTORNTE !S AN PASTORIZA SKE, P.A. F:\100\103001 \Ordinances\Noise Ordinance 5.12.04 3 -GCtilr26 (_: MAYOR ROBERT OLDAKOWSKI 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 O.V. FERBEYRE, who on oath says that he or 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 advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING - JUNE 22, 2004 ORDINANCE AMENDING CHAPTER 17 "NOISE,", ETC. in the XXXX Court, was published in said newspaper in the issues of 06/10/2004 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 he or she has neither paid nor promised any person, firm or corporation any discount, reb-te, commis m or refund for the purpose of securing th': advertis ent for «ublication in the said newspaper Sworn to and su 10 (SEAL) ribed before m- is O.V. FERBEYRE personally kn JANET(' LLERENA MY COMMISSION # DD 307105 EXPIRES: June 23, 2008 Bonded Thru Notary Public Underwriters VILLAGE CFICEY BISCAYNE OFFICE OP THENIWGE CLERK PUBLIC NOTIt'.E Notice is hereby given that -the following ordhrance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, June 22, 2004 at 7:00 p.m., in the Courant Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN'ORDNANCE OF THE VILLAGE OF KEY BISCAYNE, 'F1GOARbA, AMENDING THE 'VILLAGE CODE BY AMENDING OHOPMER 17 "NOISE," BY AMENDNG SECTION 17$ "EXEMP- 1 113", 'AT PARAGRAPH (b) THEREOF, TO CREATE SUB- PARAGRAPH (3) TO PROVIDE FOR 'AN ,EXEMPTION FOR PUBUC SCHOOL CONSTRUCTION WORK; PROVIDING FOR ERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected-bythe public at the Office of the Muir Clerk. Interested parties may appear at the Public Hearing and be heard respect to the proposed Ordinance. Any person wishing to address the. Village Council on any item at this Public Hearing is asked to regigter*lithe Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who ire disabled and.whO need _ accommodations to partici- pate in this proceeding because cif should contact the Office of -the Village Clerk, 88 West Mdntyre S , , uite 220, Key Biscayne, 'Florida 33149, telephone number (305) 365-5506, not later than two busi- nessdayS prior to such proceeding. Should any person desire to appeal any dedition of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim recrxdd of theproce8d`ir>Ijs is Made inducting all testimony and evidence upon which any appeal may be based (F.S. 286.0105). - Comments of any interested party relative to thismattermay be submit- ted in writing and or, presented in person at the public hearing. 6/10 Conchita H. Alvarez, CMC Village Clerk 04-4-61/464486M