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Home My Public Portal AboutORD 93/02NO. 93/2 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 22 OF THE TOWN CODE OF ORDINANCES RELATING TO NUISANCES AT ARTICLE III, NOISE, SO AS TO PROVIDE NEW SECTIONS 22- 56 AND 22-57 SO AS TO PROVIDE FOR A SHORT TITLE; OUTLINING REGULATED ACTIVITIES; PROVIDING A NEW SECTION 22-58 RELATING TO REGULATIONS; PROVIDING A NEW SECTION 22-59 RELATING TO RESTRICTED ACTIVITIES; PROVIDING A NEW SECTION 22-60 DEFINING THE PERIOD DURING WHICH RESTRICTED ACTIVITIES ARE PROHIBITED; PROVIDING A NEW SECTION 22-61 RELATING TO EXEMPTIONS AND PROCEDURES RELATING TO EXEMPTION PERMITS, APPLICATIONS, FEES AND APPLICATION REVIEW; PROVIDING A NEW SECTION 22-62 RELATING TO PENALTIES; PROVIDING A NEW SECTION 22-63 RELATING TO APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Town Code of Ordinances is hereby amended at Chapter 22 relating to nuisances, at Article III, Noise, to read as follows: "Sec. 22-56. Short title. This division may be cited as "The Construction and Maintenance Activities Ordinance". Sec. 22-57. Regulated activities. The following construction and maintenance activities are defined as "regulated activities" for the purposes of this division: (1) Demolition, erection, alteration, repair, and similar activities to any structure, building or part thereof; (2) Excavating, filling, plowing, grading, compacting, and similar activities involving alteration of the earth; (3) Planting, removing, pruning, cutting, grinding, chipping, shredding, mowing, and similar activities involving vegetation and vegetative materials; (4) Paving, resurfacing, sealing, pouring and mixing of concrete or cement, installing paver blocks, bricks, gravel or shellrock, and similar activities involving surfacing materials; (5) Cleaning, washing, scraping, painting, and similar activities to any structure, building or any part thereof; and IN (6) Practicing any profession, occupation, vocation, or business, the permanent location of which is not in the Town of Gulf Stream. Sec. 22-58. Same -Regulations. (1) During the period beginning on May 1 and ending on December 1, regulated activities may be conducted only on non -holiday weekdays and Saturdays during the hours of 8:00 a.m. to 5:00 p.m. (2) During the period ending on May 1, conducted only on hours of 8:00 a.m. Saturdays during ti are conducted in building such that bright lights, o activities are properties. beginning on December 1 and regulated activities may be non -holiday weekdays during the to 5:00 p.m.; and on non -holiday e same hours if said activities a fully enclosed structure or noise, dust, odors, vibrations, r similar effects from such not detectable from other (3) All regulated activities are prohibited on the following federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Sec. 22-59. Restricted activities. The following construction and maintenance activities are defined as "restricted activities" for the purposes of this division. (1) Operation of dredges, whether used in making hydraulic fills, dry fills, pile driving or any other purpose; (2) Operation of pile drivers, whether operated from water or land, or from motor truck or tractor, and whether stationary or moveable: (3) Operation of dry sand blasting machines, jackhammers, and concrete mixing and/or pumping machines (excluding concrete trucks and hand -turned mixers); (5) Operation of machinery or conduct of a construction or maintenance activity in such a manner so as to emit noise, dust, odors, exhaust, bright lights, vibrations, or other effects which are similar to the effects of other restricted activities in terms of their extraordinary magnitude and duration and which pose a detriment to the reasonable expectations of comfort, contentment, peace, tranquility, and enjoyment of persons on other properties. Sec. 22-60. Same -Restrictions. During the period beginning December 1 and ending May 1, the conduct of restricted activities is prohibited. Sec. 22-51. Exemptions. (1) General exemption. Property owners, renters, or their employees (but not contractors) may conduct any regulated activity on their respective property from dawn until dusk on any day, including holidays, any time of the year. During the period from dusk until dawn, property owners, renters, or their employees (but not contractors) may conduct any regulated activity on their respective property only in a fully enclosed structure or building such that noise, dust, odors, vibrations, bright lights, or similar effects from the activity are not detectable on other properties. (2) Exemption permits. The following permits shall be obtained as required to vary from the provisions contained in sections 22-58 and 22-60. a. Renewable exemption permit - for recurring operations associated with conforming, non- residential uses. b. Temporary exemption permit - for specific activities of short duration. C. Emergency exemption permit - for the prevention of substantial property loss, environmental damage, or threats to human health and safety. (3) Permit applications. a. Non -emergency exemption permits. Applications for non -emergency exemption permits shall be submitted to the Town Manager and shall, at a minimum, specify the type of exemption requested and justification for the request. The Town Manager may request additional information as necessary and reasonable to make an informed decision regarding the request. b. Emergency exemption permits. Prior to beginning work, the party conducting the exempt activity shall report the location and nature of the emergency, and the type and duration of the exempt activity(ies) to the Town Police Department and shall obtain authorization to proceed from the police supervisor on duty. If the activity is to be conducted over a period of days, the party conducting the activity shall obtain an exemption permit from the Town Manager on the next business day following the day the emergency began. (4) Fees. Applications for exemption permits shall include a $10.00 processing fee. Fees for emergency exemptions are waived. (5) Application review. The Town manager may deny, grant with conditions, or grant in full an application for an exemption. In reviewing applications for exemptions, the Town Manager shall make the following findings before granting an exemption request in full or in part: a. Non -emergency exemptions. Authorization of the exemption will not have a detrimental effect on the comfort, contentment, peace, tranquility, and enjoyment of persons on other properties. b. Renewable exemptions. The exemption is necessary to perform an integral and essential operation of the facility. 3 C. Temporary exemptions. The exemption is necessary to prevent substantial financial loss or undue delay in completing a project and the need did not arise solely out of the actions or inactions of the applicant. d. Emergency exemptions. The exemption is necessary to prevent substantial property damage, environmental damage, or threats to human health and safety. (6) Validity. a. Renewable exemption permits shall be valid for periods of not longer than one year and may be renewed by the Town Manager as needed in accordance with the provisions of this section. b. Temporary exemption permits shall be valid for periods of not longer than sixty (60) days and may be renewed only by the Town Commission. C. Emergency exemption permits shall be valid until the threat of substantial property damage, environmental damage, or threats to human health and safety are eliminated. Sec. 22-62. Penalty. Persons found to be violating any provision of this division or the conditions or requirements of any permit issued hereunder shall be subject to the penalty provisions specified in section 1-15. Sec. 22-63. Appeals. Any affected party may appeal the decision of the Town Manager or other town official with respect to any provision in this division or any permit application submitted hereunder to the Town Commission under the provisions of section 66-61 et. seq." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. 4 Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 20th day of August , 1993, and for a second and final reading on this 13th day of aait,.mhar , 1993. ATTEST • TOWN CLERK JCR\13147-01\CONSTACT.ORD 5