HomeMy WebLinkAboutO-2019-008 Amending Chapter 17, Article IV - NoiseORDINANCE NO.2019-008
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED "OFFENSES -
MISCELLANEOUS", ARTICLE IV, ENTITLED "NOISE", SECTION 17-80,
ENTITLED "DEFINITIONS"; SECTION 17-84, ENTITLED "SPECIAL
PERMITS", AND SECTION 17-88, ENTITLED "SPECIFIC PROHIBITIONS"
OF THE CITY CODE OF ORDINANCES, TO ADD A DEFINITION FOR THE
TERM "HEAVY EQUIPMENT", TO REVISE THE SPECIAL PERMIT FEE
FOR APPLICATIONS SEEKING TEMPORARY APPROVAL OF
ACTIVITIES THAT CAUSE NOISE EXCEEDING CODE REQUIREMENTS;
TO ADDRESS HOURS OF CONSTRUCTION ACTIVITIES AND
ACTIVITIES INVOLVING DEMOLITION AND USE OF HEAVY
EQUIPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article IV, entitled "Noise" of Chapter 17, entitled "Offenses -
Miscellaneous", Section 17-80, "Definitions", to add a definition, Section 17-84, "Special
Permits", to revise the special permit fee for applications seeking temporary approval of
activities that cause noise exceeding code requirements, Section 17-88, "Specific Prohibitions"
to address hours of construction activities as well as demolition activities and use of heavy
equipment, of the City Code of Ordinances, is amended to read as follows:
Sec. 17-80. — Definitions.
Heavy equipment: Bulldozers, earthmovers, jackhammers and similar construction
equipment that may create significant noise and impacts to surrounding properties and uses.
Sec. 17-84. — Special permits.
Any person desiring relief from any provision of this article shall apply for a special permit
to cause or create a noise at sound levels which would otherwise be in violation of this article.
Applications for a special permit shall be made in writing to the city manager on forms provided
for that purpose. Payment of a fee of twenty dollars ($20.00two hundred dollars ($200.00) shall
accompany the application. The city manager shall grant said the special permit upon a showing
by the applicant that:
(d) The application has been approved by the p��"�afi°�direeter Community
Development Director,
(ee) The activity will be conducted in a manner that mitigates, limits and minimizes
excessive sound levels by using all available measures.
Sec. 17-88 — Specific prohibitions.
(f) Construction and demelit . The er-a4ing of any equipment used , Ceonstruction
work within fifty (50) meters (fifty-two (52) yards) of any residential or noise sensitive
area is allowed between the hours of 9.00 r to 7:00 ., on week -Jays and c t,,,.,a y
and 9:00 ate Stmda ,s and holidays 7:00 a.m. to 7:00 p.m. Monday
through Friday and 8:00 a.m. to 5:00 p.m. Saturdays, Sundays and holidays, except for
emergency work or as provided byspecial permit issued pursuant to Sec. 17-84.
(g) Demolition of structures; operation of heavyquipment. Demolition activities and the
use of heavy equipment is only allowed between the hours of 9:00 a.m. to 4:00 p.m.,
Monday to Saturday.
W Lhj Powered model vehicles. The operating of, or permitting the operating of, powered
motor vehicles:
-(-h) fl) Emergency signaling devices.
Section 2. 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 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance, are repealed to the extent of such conflict.
2 ORDINANCE #2019-008
Section 4. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on May 28, 2019.
PASSED AND ADOPTED on second reading on June 11, 2019.
ATTEST:
THOMAS SCHNEIDER, CMC L
CITY CLERK c�`� d► MAYOR
9B�ISHEO
APPROVED AS TO FjQRM
AND CORRECTNES `
THOMA3RNEY
A B
CITY A
ORDINANCE #2019-008