HomeMy WebLinkAboutO-2023-010 Amending Chapter 17 Section 17-81 - Unreasonably Loud Noise ProhibitedORDINANCE NO. 2023-I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED "OFFENSES —
MISCELLANEOUS" AT ARTICLE IV ENTITLED "NOISE" AMENDING
SECTION 17-81, ENTITLED "UNREASONABLY LOUD NOISE
PROHIBITED'; AMENDING NOISE PROHIBITION HOURS; PROVIDING
FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY, AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City currently regulates construction noise hours from 7:00 p.m. to 7:00
a.m.; and
WHEREAS, other cities, not utilizing a decibel meter noise ordinance provide similar time
restrictions, including Deerfield Beach (9:00 p.m. to 7:00 a.m.), Davie (7:00 p.m. to 7:00 a.m.),
Hollywood (10:00 p.m. and 7:00 a.m., in conjunction with a decibel meter) and Fort Lauderdale
(10:00 p.m. to 7:00 am., in conjunction with decibel meter); and
WHEREAS, this modification will ensure that Broward Sheriffs Office is provided clear
direction on enforcement of the City's noise ordinance during the applicable timeframe; and
WHEREAS, the City Administration supports the further refinement of the City's Noise
Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 17 entitled "Offenses - Miscellaneous", Article IV, entitled
"Noise", at section 17-81, entitled "Unreasonably loud noise prohibited," is amended as follows:
CHAPTER 17
OFFENSES -MISCELLANEOUS
ARTICLE IV. NOISE
See. 17-81. Unreasonably loud noise prohibited.
Between the hours of 7:00 p.m. and 7:00 a.m. ilt shall be unlawful for any person or business to
cause or permit to originate from the real property he, she, or it controls, any sound which
crosses a property line at a volume which is unreasonably loud.
Section 3. That if any section, clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 5. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on May 9, 2023, 2023.
PASSED AND ADOPTED on second reading on May 23, 2023.
ATTEST:
o
cy
ELORA C e, ARCHIB D J' RYAN N
CITY CLERK F,A aP MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
ORDINANCE #2023-SL0