HomeMy Public PortalAbout2005-18 Amending Code Noise re Regulations and RestrictionsORDINANCE NO. 2005-18
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 17 ENTITLED "NOISE"
OF THE VILLAGE CODE BY REPEALING SECTIONS 17-1
THROUGH AND INCLUDING SECTION 17-7 OF CHAPTER
17 AND ADOPTING NEW SECTIONS 17-1 THROUGH AND
INCLUDING SECTION 17-7 OF CHAPTER 17 "NOISE"
PROVIDING COMPREHENSIVE REGULATIONS AND
RESTRICTIONS ON ALL ACTIVITIES CREATING NOISE
IN THE VILLAGE AND PROVIDING SPECIAL EVENT
PERMIT REGULATIONS; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council wishes to amend Chapter 17 "Noise" of the Code
of Key Biscayne, Florida to enhance the regulations and restrictions on noise within the limits of the
Village;
WHEREAS, the Village Council appointed the Noise Ordinance Review Committee
(the "Committee") to consider noise issues, accept public comment, and recommend revisions to the
noise ordinance; and
WHEREAS, the Committee has completed its task and has made its
recommendations to the Village Council; and
WHEREAS, the Village Council finds that the amendment of Chapter 17 "Noise"as
provided herein is in the best interest of the Village.
IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
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Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Repeal. That the Code of Key Biscayne, Florida is hereby amended by
repealing Section 17-1 through and including Section 17-7 of Chapter 17 "Noise", which reads as
set forth in Exhibit "A" attached hereto and incorporated herein.
Section 3. Code Amended. That the Village Code of the Village of Key Biscayne,
Florida, is hereby amended by revising Chapter 17 "Noise", to consist of new Sections 17-1 through
and including Section 17-7 to read as follows:
Sec. 17-1. 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:
(1) Construction. Any site preparation, assembly, erection, substantial repair,
alteration, demolition or similar action, on public or private rights -of -way, structures,
utilities or property.
(2) Emergency. Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate attention,
including, but not limited to, the declaration by the government of a Tropical Storm
Warning, Tropical Storm Watch, Hurricane Warning, or Hurricane Watch for the
Village of Key Biscayne, including that period of time after such event where
essential public services including, but not limited to, utilities, are unavailable.
(3) Holidays. 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, and Christmas Day.
(4) 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.
(5) Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn
by mechanical power, gas or diesel, and used on the public roads and highways in the
transportation of people or property.
(6) Motorboat. Any vessel equipped with machinery for propulsion, irrespective
of whether the propulsion machinery is in actual operation.
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(7) Noise Disturbance. Any sound in quantities or at levels which are or may
be potentially harmful or injurious to human health or welfare, or which
unnecessarily interferes with the enjoyment of life or property, including outdoor
recreation, of a reasonable person with normal sensitivities. Any sound generated by
activities described in Section 17-2, outside the permitted hours, shall be deemed a
Noise Disturbance.
(8) Noise Receptor Site. An area, parcel, building, structure, hotel room or unit,
or dwelling unit which is the recipient of noise emanating from another area, parcel,
building, structure, hotel room or unit, or dwelling unit.
(9)
(10)
Plainly Audible. A noise which is unreasonably loud, raucous or jarring.
Special Event. Activities or events approved by the Village pursuant to
subsections 17-4(12) and 30-102(e) of the Village Code.
(11) Sound Level Meter. An instrument which includes a microphone, amplifier,
RMS detector, integrator or time averager, output meter and A- Weighted sound level
network with fast and slow integrating time constants, used to measure sound
pressure levels. The sound level meter should be capable of measuring the A -
Weighted equivalent sound level (Leq) and maximum sound levels, and shall have
data logging capabilities. The meter shall be a Type 1 sound level meter as defined
by ANSI Standard S1.4-1983 (R2001), Specifications for Sound Level Meters.
(12) Vessel. A boat as referenced in Section 1(b), Art. VII of the Florida
Constitution and includes every description of watercraft, barge and air boat, other
than a seaplane on the water, used or capable of being used as a means of
transportation on the water.
Sec 17-2. Prohibited Noise Disturbances.
Section 17-2 shall be applicable to all property within the Village limits,
except properties designated within Hotel Resort (HR), Planned Unit Development
(PUD), or Private Club (PC) zoning districts, which shall be governed solely by
Section 17-3.
Except as otherwise provided herein, it shall be unlawful for any person to
make, continue or cause to be made or continued any Noise Disturbance. The
following activities are declared to be a Noise Disturbance and shall constitute a
violation of this chapter:
(1) Horns, Signaling Devices, etc. The sounding of any horn or signaling device
on any Motor Vehicle or Motorboat, except as a danger warning or the creation by
means of any such signaling device of any Plainly Audible sound or the sounding of
any such device for any unnecessary and unreasonable period of time.
(2) Sound Amp 1 ifying Equipment and Musical Instruments. The using,
operating, playing, or permitting to be played, used or operated any radio, television,
phonograph, musical instrument, loudspeaker, loudspeaker system, sound amplifier,
or other machine or device for the producing or reproducing of sound so as to disturb
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the peace, quiet and comfort of the neighboring inhabitants, or at any time with
louder volume than is necessary for convenient hearing for the person or
persons who are in the room, Motor Vehicle, Motorboat or area in which such
machine or device is operated and who are voluntary listeners thereto, or the
operation of any such radio, television, phonograph, musical instrument, loudspeaker,
loudspeaker system, sound amplifier, or other machine or device outside the
following permitted hours:
(a) 7:00 a.m. to 11:00 p.m. on Monday, Tuesday, Wednesday, and
Thursday;
(b) 7:00 a.m. to 12:00 a.m. on Friday;
(c) 8:00 a.m. to 12:00 a.m. on Saturday and Holidays;
(c) 8:00 a.m. to 11:00 p.m. on Sunday,
in such a manner as to be Plainly Audible at a distance of 100 feet from the building,
structure, Motor Vehicle, Motorboat or area in which it is located.
(3) Set Up and Breakdown of Certain Events. The creation of any Plainly
Audible noise during the setting up and breaking down of parties, shows, exhibitions
and events or any other gathering outside the permitted hours in paragraph (2) above.
(4) Animals, Pets, Birds, etc. The owning, possessing or harboring of any animal,
pet or bird which causes frequent or continued noise which is Plainly Audible from
any property or residential dwelling unit other than the property or residential
dwelling unit where the animal, pet, or bird is located.
(5) Exhausts. The discharge into the open air of the exhaust of any engine;
stationary internal combustion engine (including power generators), Motor Vehicle
or Motorboat engine, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(6) Idling of Engines. The idling of any internal combustion engine outside the
permitted hours in paragraph (9) below.
(7) Construction. The creation of any Plainly Audible sound in connection with
Construction outside the following permitted hours:
(a) 7:00 a.m. to 6:30 p.m. on Monday, Tuesday, Wednesday, Thursday
and Friday.
(8) Firearms or Explosives. The use or firing of any explosives, firearms or
similar devices, except in an Emergency, or using or firing firecrackers, skyrockets
or the like unless approved in advance by the Village Manager in accordance with the
procedures set forth in Section 17-5.
(9) Loading or Unloading. The creation of any Plainly Audible sound in
connection with the loading, unloading, opening, closing or other handling of boxes,
crates, containers, refuse cans or other objects outside the following permitted hours:
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(a) 7:00 a.m. to 6:30 p.m. on Monday, Tuesday, Wednesday, Thursday
and Friday;
(b) 8:00 a.m. to 6:30 p.m. on Saturday, Sunday and Holidays.
(10) Commercial Maintenance Equipment. The commercial operation of
maintenance equipment (including but not limited to pressure cleaners, blowers,
sweepers or vacuums) which creates a Plainly Audible sound within 100 feet of any
residential area outside the following permitted hours:
(a) 7:00 a.m. to 6:30 p.m. on Monday, Tuesday, Wednesday, Thursday
and Friday.
(11) 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 outside the following permitted hours:
(a) 8:00 a.m. to 6:3Q p.m. on Monday, Tuesday, Wednesday, Thursday
and Friday;
(b) 10:00 a.m. to 6:30 p.m. on Saturday, Sunday, and Holidays only for
non-commercial operation of noise producing tools.
(12) Defect In or Condition of Motor Vehicle, Vessel or Motorboat. The use of
any Motor Vehicle, Vessel, or Motorboat so out of repair, maintained in such
condition or loaded in such a manner as to create a Plainly Audible grating, grinding,
rattling or other sound. This prohibition also precludes the use of sail cables and
riggings in a manner which creates a Plainly Audible sound.
(13) Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and
vendors.
(14) Schools, Courts, Hospitals, Places of Religious Worship. The creation of any
noise on any street or place adjacent to any school, court, hospital or place of
religious worship, while the same are in use, which unreasonably interferes with
the operation of such institution or which disturbs or unduly annoys the persons
within such institutions, excluding those located in single family districts and single
family and two-family districts.
(15) Aircraft. The use of any mechanical loudspeakers or amplifiers in any
moving airplane or any other kind of aircraft, over any part of the Village, for
advertising or other purposes.
(16) Open Air Concerts, Musical Broadcasts, etc. The playing, broadcasting or
transmitting of music in such a manner as would reasonably be calculated to attract
a crowd or cause persons to congregate in or on any open space, lot, yard,
park, sidewalk or street, or to permit the same to occur on or from any property
owned, leased or occupied by said person(s).
(17) Leaf Blowers. The use or operation of any Leaf Blower unless said machine
has a stamp from the manufacturer or testing laboratory certifying a rating of no more
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than sixty-five (65) decibels. From and after May 24, 2006, the use and operation of
any Leaf Blower unless said machine has a stamp from the manufacturer certifying
a rating of no more than sixty-five (65) decibels and incorporates the best available
technology for the reduction of noise. -
(18) Fixed Mechanical Equipment. The creation of a Plainly Audible sound from
the use, operation, or maintenance of fixed mechanical equipment, including but not
limited to swimming pool filtration system pumps and air conditioning or ventilation
systems.
(19) False Burglar Alarms. False Burglar Alarms as defined in Section 17-8.
Sec. 17-3. Noises Exceeding Established Decibel Levels.
Section 17-3 shall be applicable to all property within the Hotel Resort (HR),
Planned Unit Development (PUD), or Private Club (PC) zoning districts. Except as
otherwise provided, the generation of any sound in excess of the permitted decibel
level established herein shall be deemed a violation of this chapter.
(1) Permitted Decibel Level. The permitted decibel level for noise which
emanates from indoor or outdoor activities or outdoor operations (including those
conducted from a tent or any other partial enclosure) as measured outdoors at the
property line of the Noise Receptor Site which is closest to the site from which the
noise emanates, shall at all times be no more than sixty-five (65) decibels as
measured with a calibrated Sound Level Meter. Except as otherwise permitted
below, any noise exceeding 65 dBA shall constitute a violation of this chapter.
(2) Exceptions. The following activities are permitted to exceed the permitted
decibel level only during the hours expressly identified in this section.
(a) Set Up and Breakdown of Certain Events. The creation of noise in
excess of the permitted decibel level during the setting up and breaking down of
parties, shows, exhibitions and events or any other gathering during the following
hours:
(i) 7:00 a.m. to 11:00 p.m. on Monday, Tuesday, Wednesday,
and Thursday;
(ii) 7:00 a.m. to 12:00 a.m. on Friday;
(iii) 8:00 a.m. to 12:00 a.m. on Saturday and Holidays;
(iv) 8:00 a.m. to 11:00 p.m. on Sunday.
(b) Construction. The creation of noise in excess of the permitted decibel
level in connection with Construction during the following hours:
(i) 7:00 a.m. to 6: 30 p.m. on Monday, Tuesday, Wednesday,
Thursday and Friday.
(c) Loading or Unloading. The creation of noise in excess of the
permitted decibel level in connection with the loading, unloading, opening, closing
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or other handling of boxes, crates, containers, refuse cans or other objects during the
following hours:
(i) 7:00 a.m. to 7:00 p.m. on Monday, Tuesday, Wednesday,
Thursday and Friday;
(ii) 8:00 a.m. to 7:00 p.m. on Saturday, Sunday and Holidays.
(d) Commercial Maintenance Equipment. The commercial operation of
maintenance equipment (including but not limited to pressure cleaners, blowers,
sweepers or vacuums) in excess of the permitted decibel level during the following
hours:
(i) 7:00 a.m. to 6:30 p.m. on Monday, Tuesday, Wednesday,
Thursday, and Friday.
(e) 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 in excess of the permitted decibel
level during the following hours:
(i) 8:00 a.m. to 6:30 p.m. on Monday, Tuesday, Wednesday,
Thursday and Friday.
(f) Idling of Engines. The idling of any internal combustion engine in
excess of the permitted decibel level:
a. If conducted during the following permitted hours:
(i)
7:00 a.m. to 7:00 p.m. on Monday, Tuesday,
Wednesday, Thursday and Friday;
(ii) 8:00 a.m. to 7:00 p.m. on Saturday, Sunday and
Holidays; or
a. After 7:00 p.m. and until 11 p.m. during the loading and
unloading of items from a refrigerated vehicle for a period of less
than fifteen (15) minutes; or
b. At anytime outside the permitted hours during the loading and
unloading of passengers from a vehicle for a period of less than
fifteen (15) minutes.
(g) Testing of Generators. The creation of noise in excess of the
permitted decibel level in connection with the routine testing of a generator for a
period not to exceed fifteen (15) minutes during the following hours:
(i) 12:00 p.m. to 3:00 p.m., on Monday, Tuesday, Wednesday,
Thursday and Friday._
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Sec. 17-4. Exemptions.
The terms and prohibitions of this chapter shall not be applied to or enforced
against:
(1) Any Motor Vehicle, Motorboat or other Vessel or vehicle of the Village, the
County, the State or licensed public utility vehicle within the Village while engaged
in necessary public business.
(2) 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.
(3) 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
(4) 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.
(5) A reasonable use of amplifiers or loudspeakers in the course of public
addresses or gatherings which are noncommercial in character.
(6) Holiday celebrations held on July 4 and December 31 to January 1, except
that this exemption shall not apply and an authorized Village employee may enforce
the provisions of Section 17-7 if the celebration is injurious to human health or
welfare. Holiday celebrations held on Holidays other than July 4, and December 31
to January 1, shall also be exempt, 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:
(a) If conducted for social, noncommercial purposes at private residences
or within common areas of multifamily properties;
and/or
(b) 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.
(7) Noise produced from lawful governmental activities at parcels located in GU
or PROS zoning districts.
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(8) Any audible warning signals or sounds created, emanated or generated by any
vehicle, mechanical or electrical devise, the operation of which is mandated by any
federal, state, or local law.
(9) Any noise generated for the purpose of alerting persons to the existence of an
Emergency, or any noise generated during or in preparation for an Emergency, to
prevent imminent harm to life or property, so long as it is the minimal amount of
noise necessary to address the Emergency, and the owner, tenant, or authorized
representative of the applicable property provides advance notice to the Village
Police Department prior to the commencement of such noise generation.
(10) Any Noise Disturbance or noise exceeding the limitations in Section 17-3
which exists for a period of less than one continuous minute shall not constitute a
violation of this chapter unless such noise is purposely interrupted, before again
resuming, in an effort to circumvent the prohibitions of this chapter.
(11) Any incidental display of fireworks as part of a permissible activity or event
on properties within the Hotel Resort (HR), Planned Unit Development (PUD), or
Private Club (PC) zoning districts, so long as the total amount of time of the display
does not exceed two (2) minutes.
(12) Any indoor or outdoor activity, event, gathering, party, or other attended
entertainment or celebration which will likely create a Noise Disturbance under
Section 17-2 or constitute a violation under Section 17-3 may be permitted upon the
prior approval of the Village in accordance with the procedures set forth in Section
17-5.
Sec. 17-5. Permits for Special Events.
The following provisions set forth the procedures for obtaining approvals
pursuant to subsections 17-4(12), and 30-102(e) of the Village Code.
Upon written application to the Village, submitted a minimum of twenty (20)
days prior to the proposed activity or event, the prohibitions or hour restrictions
contained herein may be modified subject to such conditions as the Village may
impose. Permit applications for activities or events located within the Hotel Resort
(HR), Planned Unit Development (PUD), or Private Club (PC) zoning districts which
will likely constitute a violation pursuant to Section 17-3 shall be reviewed and may
be approved by the Village Council at a public hearing. All other permit applications
shall be reviewed and may be approved by the Village Manager. The decision of the
Village shall be final and not subject to appeal.
(1) Permit application information. Except as provided herein, the permit
applicant shall be the owner or the tenant of the property where the activity or event
shall take place. The permit applicant for activities or events held on the public
beach shall be the owner or tenant of the adjacent property. Tenant applicants shall
submit written consent of the property owner with their application. The application
for a permit under this section shall contain the following information:
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(a) The name, date of birth, address, and telephone number of the person
who will be in charge of the activity or event for which a permit is
requested;
(b) The name of the person or entity seeking the permit;
(c) The exact date and time for which the permit is sought;
(d) The exact location of the activity or event for which a permit is
requested; and
(e) A description of the activity or event for which a permit is requested.
(2) Permit contents, time restrictions. Permits issued under this section shall
specify the date and time during which the activity or event authorized by permit may
be conducted. No permit shall be issued which encompasses more than one calendar
day, or a span of hours in excess of eight hours.
(3) Procedures for administrative permits. The Village Manager is hereby
authorized to promulgate reasonable rules and procedures for the application,
issuance and revocation of such permits.
(4) Criteria for permit issuance; posting of bond. Issuance of a permit under this
section shall be based on a determination by the Village that the activity or event for
which a permit is requested does not constitute a threat to public safety or constitute
a danger or impediment to the normal flow of traffic. The Village may require that
a bond be posted in an amount sufficient to secure full compliance with the terms and
conditions of the permit and to secure the costs of cleanup, repair or replacement of
damage or destruction of property, in an amount not to exceed $5,000.00, and shall
be subject to forfeiture for purposes of paying any such costs.
(5) Persons designated as being in charge to be present. The person designated
in the permit application required in this section as being the person in charge of the
activity or event for which the permit is sought must remain at the location of said
activity or event during the entire time stated in the permit. It shall be unlawful and
a violation of this section for said designated person in charge to fail to remain in
attendance at the location of the activity or event authorized by the permit for the
entire time specified in the permit.
(6) Conditions on Special Event Permits. The Village shall impose conditions
on the issuance of special event permits necessary or appropriate to protect the life,
safety and welfare of the Village residents, including but not limited to, hours of the
special event.
(7) Denial. The Village is hereby authorized to deny a special event permit
where the applicant has been issued more than two (2) citations or civil violation
notices pursuant to Section 17-7 of this chapter during the preceding twelve (12)
month period or where more than two (2) citations or civil violation notices were
issued for activities located upon applicant's property during the preceding twelve
(12) month period.
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(8) Application fees and delinquency penalty. A permit application fee, as
established by Resolution of the Village Council, shall be due and payable at the time
of the application. Those applications not timely filed shall be considered delinquent
and subject to a delinquency penalty as established by Resolution of the Village Council.
Sec. 17-6. Enforcement.
This chapter shall be enforced by the Village Police Department or any other
official of the Village authorized to enforce this chapter.
Sec. 17-7. Penalties.
(a) Generally. Any authorized Village employee 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, or the violation recurs within a 12 -month period the
authorized Village employee shall issue a citation or civil violation notice 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 or civil violation
notice, or the violation recurs within a 12 -month period, the authorized Village
employee shall issue a second citation or civil violation notice and shall impose an
additional fine in the amount of $500.00. In the event that the violation continues
after issuance of the second citation or civil violation notice to the violator, the
violation shall constitute a public nuisance and may subject the violator to arrest by
a Village police officer pursuant to State law or additional fines of $500.00.
(b) Additional notice requirements for violations of Section 17-2(7). For
citations or civil violation notices issued under Section 17-2(7), Construction, if the
violator is not the property owner or the property owner's authorized representative,
a copy of each citation or civil violation notice 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 or civil violation
notice shall also be provided to the general contractor of the work. Further, the
general contractor and subcontractor shall be cited and be responsible for a violation
of Section 17-2(7).
(c) Repeat violations. Repeat violations of Section 17-2 or Section 17-3 of this
chapter shall be subject to enhanced fines as authorized for repeat violations by F.S.
162.09(2)(a).
(d) Violations of Section 17-2(19). Violations of Section 17-2(19) concerning
False Burglar Alarms are subject to the penalties set forth in Section 17-8.
Section 4. 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
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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 5. 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.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
PASSED AND ADOPTED on first reading this 26th day of April , 2005.
PASSED AND ADOPTED on second reading this 22nd day of November , 2005.
44, cd4A,A,LL
MAYOR ROBERT OLDAKOWSKI
ATTEST:
CONCHITA H. ALVAREZ, CMC, VILLAG
APPROVED AS TO FORM AND LEGAL SUF
-:-, '
VILLAGE ATTO
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NOISE § 17-3
Sec. 17-1. Prohibition.
It shall be unlawful for any person to make, continue or cause to be made or continued any
loud, excessive, unnecessary or unusual Noise Disturbance. For purposes of this chapter, the
word "Noise Disturbance" shall mean any sound in quantities which are or may be potentially
harmful or injurious to human health or welfare, or which unnecessarily interferes with the
enjoyment of life or property, including outdoor recreation, of a reasonable person with normal
sensitivities.
(Ord. No. 93-16, § 1(1), 9-28-93; Ord. No. 97-7, § 1, 3-11-97)
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•
Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar
stationary emergency signaling device.
Construction. Any site preparation, assembly, erection, substantial repair, alteration,
demolition or similar action, on public or private rights -of -way, structures, utilities or property.
Emergency. Any occurrence or set of circumstances involving actual or imminent physical
train-► a or property- damage demanding immediate attention.
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. `
Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by mechanical
power, gas or diesel, and used on the public roads and highways in the transportation of people
or property. .
Motorboat. Any vessel which is propelled or powered by machinery and which is used or
capable of being used as a means of transportation on. water.
Plainly Audible. A noise which is unreasonably loud, raucous or jarring.
(Ord. No. 93-16, § 1(2), 9-28-93; Ord. No. 95-13, § 1, 10-10-96; .Ord. No. 98-1, § 1,1-27-98; Ord.
No. 2000-16, § 1,12-5-00; Ord. No. 2001-1, § 1,1-23-01)
Sec. 17-3. Prohibited acts.
The following acts are declared to be a Noise Disturbance and constitute a violation of this
chapter:
(a) Excessive noise. Any noise which is hazardous to public health, welfare, safety or the
quality of life within -the limits of the Village or of such character, intensity or duration
which•disturbs the public peace and welfare.
Supp. No. 15 CD17:3
r
EXHIBIT "A"
§ 17-3 KEY BISCAYNE CODE
(b) Horns, signaling devices, etc. The sounding of any horn or signaling device on. any
Motor Vehicle or Motorboat on any street or place in the Village, except as a danger
warning; the creation by means of any such signaling device of any unreasonably loud
or harsh sound; and the sounding of any such device for any unnecessary and
unreasonable period of time.
(c) Radios, televisions, phonographs, musical instruments, etc. The using, operating,
playing, or permitting to be played, used or operated any radio, television, phonograph,
musical instrument, or other machine or device for the producing or reproducing of
sound in such manner as to cause Noise Disturbance so as to disturb the peace, quiet
and comfort of the neighboring inhabitants, or at any time with louder volume than is
necessary for convenient hearing for the person or persons who are in the room, Motor
Vehicle, Motorboat or area in which such machine or device is operated and who are
voluntary listeners thereto. The operation of any such radio, television, phonograph,
musical instrument or other machine or device:
(1) Before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday;
(2) Before 8:00 a.m. on Saturday, Sunday and Holidays;
(3) After 11,:00 p.m. on Sunday, Monday; Tuesday, Wednesday and Thursday;
(4) After 12:00 p.m. on Friday, Saturday and Holidays,
in such a manner as to be plainly audible at a distance of 100 feet from the building,
structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie
evidence of a violation of this chapter.
(d) Animals, birds, etc. The owning, possessing or harboring of any animal or bird. which
causes, before .7:00 a.m. or after 11:00 p.m., frequent or continued noise which is
plainly audible at a distance of 100 feet from the building or structure in which the
animni or bird is located.
(e) Exhausts. The discharge into the open air of the exhaust of any engine, stationary
internal combustion engine, Motor Vehicle or Motorboat engine, except through a
muffler or other device which will effectively prevent loud or explosive noises
therefrom.
(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) After 6:30 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday;
(3) 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,
Supp. No. 25 CD17:4
NOISE § 17-3
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.
e
(g) Firearms or explosives. The use or firing of any explosives, firearms or similar devices,
except in an Emergency, or using or firing firecrackers, skyrockets or the like without
the prior approval of the Village iganager.
(h) Loudspeaker or sound amplifier. The using or operating of any loudspeaker, loud-
speaker system, sound amplifier or other similar device:
(1) Before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday;
(2) Before 8:00 a.m. on Saturday, Sunday and Holidays;
(3) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday;
(4) After 12:00 p.m. on Friday, Saturday and Holidays,
such that the sound therefrom is plainly audible at a distance of 100 feet from the
building, structure, Motor Vehicle or Motorboat in which- it is located; provided,
however that this shAll not apply to any public performance, gathering or parade for
which a perniiit has been obtained from the Village Manager pursuant to section 17-4.
(i) Loading or unloading. The creation of a loud or excessive noise in connection with the
loading, unloading, opening, closing or other handling of boxes, crates, containers,
refuse cans or other objects: • •
(1) Before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday;
(2) Before 8:00 a.m. on Saturday, Sunday and Holidays;
(3) After 7:00 p.m.
(j) Commercial maintenance equipment. The use of commercial maintenance equipment
which creates a loud or excessive noise in connection with the operation of said
equipment within 100 feet of any .residential area:
(1) Before 7:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Friday;
(2) Before 8:00 a.m. on Saturday, Sunday and Holidays;
(3) After 7:00 p.m.
(k) Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or Motorboat so out
of repair, so loaded or in such a manner as to create loud or unnecessary grating,
grinding, rattling or other noise.
(1). Hawkers/peddlers. The shouting and crying of peddlers, hawkers, and vendors which
disturbs the peace and quiet of the neighborhood.
Supp. No. 16 CD17:5
§ 17-3 KEY BISCAYNE CODE
(m) Schools, courts, hospitals, places of religious worship. The creation of any excessive
noise on any street or place adjacent to any school, court, hospital or place of religious
worship, while the same are in use, which unreasonably interferes with the operation
of such institution or which disturbs or unduly annoys the persons within such
institutions.
(n) Aircraft. The use of any mechauical loudspeakers or amplifiers in. any moving airplane
or any other kind of aircraft, over any part of the Village, for advertising or other
purposes.
(o) Open air concerts, musical broadcasts, etc. The playing, broadcasting or transmitting
of music in such a manner as would reasonably be calculated to attract a crowd or
cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street,
or to .permit the same to occur on or from any property owned, leased or occupied by
said persons) without first having obtained a permit to do so as provided in section
17-4; except no permit shall be required of any person(s) in order to engage in such
activity within the residential property wherein such person(s) resides.
(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.
(Ord. No. 93-16, § 1(3), 9-28-93; Ord. No. 95-13, § 2, 10-10-95; Ord. No. 97-7, § 1, 3-11-97; Ord.
No. 2000-15, § 2, 12-5-00; Ord. No. 2001-1, §1., 1-23-01)
Sec. 17-4. Permits /for special events.
Upon written application to the Village Manager or his or her designee submitted a
minimum of ten days prior to an event at which noise levels are expected to violate this
chapter, the prohibitions or hour restrictions contained herein may be modified subject to such
conditions as the Village Manager may impose. The decision of the Village Manager shall be
final and not subject to appeal.
(a) Permit application information. The application for a permit under this section shall
contain the following information:
(1) The name, date of birth, address and telephone number of the person who will be
in charge of the activity or event for which a permit is requested;
Supp. No. 15 CD17:6
NOISE § 17-5
(2) The name of the person or entity seeking the permit;
(3) The exact date and time for which the permit is sought;
(4) The exact location of the activity or event for which a permit is requested; and
(5) A description of the activity or event for which a permit is requested.
(b) Permit contents, time restrictions. Permits issued under this section shall specify the
date and time during which the activity or event authorized by permit may be
conducted. No permit shall be issued which encompasses more than one calendar day,
or a span of hours in excess of eight hours.
(c) Procedures for administrative permits. The Village Manager is hereby authorized to
promulgate reasonable rules and procedures for the application, issuance and revoca-
tion of such permits.
(d) Criteria for permit issuance; posting of bond. Issuance of a permit under this section
shall be based on a determination by the Village Manager or his or her designee that
the activity or event for which a permit is requested does not constitute a threat to
public safety; constitute a danger or impediment to the -normal flow of traffic; or
constitute a potential disturbance of the peace and quiet of persons outside the
premises where the activity or event is located. The Village Manager or his or her
designee may require that a bond be posted in an amount sufficient to secure the costs
of cleanup, repair or replacement of damage or destruction of property and shall be
subject to forfeiture for purposes of paying any such costs.
(e) Persons designated as being in charge to be present. The person designated in the
permit application required in this section as being the person in charge of the activity
or event for which the permit is sought must remain at the location of said activity or
event during the entire time stated in. the permit. It shall be unlawful and a violation
of this section for said designated person in charge to fail to remain in attendance at
the location of the activity or event authorized by the permit for the entire time
specified in the permit.
(Ord. No. 93-16, § 1(4), 9-28-93; Ord. No. 97-7, § 1, 3-11-97)
• Sec. 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) (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
Supp. No. 19 CD17:7
§ 17-5 KEY BISCAYNE CODE
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.
(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.
(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
Rh 11 constitute a violation of this chapter.
(Ord. No. 93-16, § 1(5), 9-28-93; Ord. No. 2000-3, § 1, 3-14-00; Ord. No. 2000-10, § 1, 7-11-00;
Ord.. No.•2004-7, § 2, 6-22-04)
Sec. 17.6. Enforcement.
This chapter shall be enforced by the Vi1inge Police Department or any other official of the
Village authorized to enforce this chapter.
(Ord. No. 93-16, § 1(6), 9-28-93)
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
Supp. No. 19 CD17:8
NOISE § 17-7
$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 17-3(f). 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 subcontractor 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 F.S. § 162.09(2)(a).
(Ord. No. 93-16, § 1(7), 9-28-93; Ord. No. 95-13, § 3, 10-10-95; Ord. No. 97-7, § 1, 3-11-97; Ord.
No. 2001-1, § 1, 1-23-01)
•
•
Supp. No. 19 CD17:9
* Second Reading deferred to November 22, 2005
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 - ORDINANCES - MAY 24, 2005
ORDINANCE AMENDING CHAPTER 17 "NOISE", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/12/2005
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, rebate, commi • or refund for the purpose
of securing t adverti ent for 'ublication in the said
newspape
Sworn to and subscribed before me this
(SEAL)
O.V. FERBEYRE personally known
/set flit6Maria I Mesa
• My Commission DD293855
For March 04r 2008
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given that the following ordinances will be considered
on Second Reading by the Village Council of the Village of Key Biscayne
at a meeting to be held on Tuesday, May 24, 2005 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
Florida:
4
AN ORDINANCE OF VILLAGE OF KEY BiSCAYNE, FLORIDA,
AMENDING CHAPTER 17 "NOISE" OF THE VILLAGE CODE TO
ENHANCE REGULATIONS AND RESTRICTIONS ON NOISE;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILI--
TY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 17 "NOISE" OF THE VILLAGE CODE BY
CREATING SECTION 17-8 "BURGLAR ALARMS"; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE. '
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORI-
DA, AMENDING SECTION 30-102 "GU GOVERNMENTAL USE
DISTRICT" OF CHAPTER 3b "ZONING" OF THE CODE OF KEY
BISCAYNE, FLORIDA, BY ADDING A SCHEDULE OF PERMIT-
TED USES AND REGULATIONS FOR PUBLIC BEACHES; PRO -1
VIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORI-
DA, AMENDING SECTION 4-32 "PROHIBITED WATER ACTIVITY;
"OF CHAPTER 4 "BOATS, VESSELS AND WATERCRAFT" OF
THE CODE OF KEY BISCAYNE, FLORIDA, BY PROVIDING THAT'
VILLAGE COUNCIL SHALL AUTHORIZE EXCEPTIONS IN LIEU
OF VILLAGE MANAGER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORI-
DA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER
2 "ADMINISTRATION", BY AMENDING ARTICLE I "IN GENER-
AL", BY AMENDING SECTION 2-1 "CREATION OF DEPART-
MENTS" AT PARAGRAPH (a) "CREATED", TO REPEAL THE
REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DE-
PARTMENT" AND TO INSTEAD CREATE A SEPARATE FIRE
RESCUE DEPARTMENT AND A POLICE DEPARTMENT; PRO-
VIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VIL-
LAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CON-
CERNING THE CONSTRUCTION OF CRANDON BOULEVARD
IMPROVEMENTS - PHASE II OF THE VILLAGE; AUTHORIZING
AND PROVIDING FOR THE VILLAGE TO CONSTRUCT IM-
PROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN
ROADWAYS IN THE VICINITY OF CRANDON BOULEVARD, AS
DESCRIBED HEREIN; AUTHORIZING EXPENDITURE OF
FUNDS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFEC-
TIVE DATE.
The proposed Ordinances may be inspected by the public at the Office
of the Village Clerk. Interested parties may appear at the Public Hearing
and be heard with respect to the proposed Ordinance. Any person wish-
ing to address the Village Council on any item at this Public Hearing is
asked to register with the Village Clerk prior to that item being heard.
In accordance with American with Disabilities Act, of 1990, all persons
who are disabled and who need special accommodations lo participate in
this proceeding because of that disability should contact the Office of the
Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida
33149, telephone number (305) 365-5506, not later than two business
days prior to such proceeding.
• 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 proceedings is made including all
testimony and evidence upon which any appeal may be based (F.S.
286.0105).
Comments of any interested party relative to this matter may be submit-
ted in writing and or presented in person at the public hearing.
Conchita H. Alvarez, CMC
Village Clerk
5/12 05-4-66/546539M