Loading...
HomeMy WebLinkAboutO-2019-009 Amending Ch. 17 by Repealing Art. IV and Replacing with New Art. IV Noise SECOND READING (Amended 7-30-19)ORDINANCE NO.2019-009 SECOND READING AMENDED AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17, "OFFENSES - MISCELLANEOUS," OF THE CITY'S CODE OF ORDINANCES BY REPEALING ARTICLE IV, "NOISE" AND REPLACING WITH A NEW ARTICLE IV, "NOISE" TO PROVIDE TERMINOLOGY, PROHIBIT CERTAIN NOISES, EXEMPT CERTAIN NOISES, LIMIT THE UNREASONABLE AND EXCESSIVE LEVELS OF NOISES AND PLAINLY AUDIBLE NOISES IN CERTAIN CIRCUMSTANCES, PROVIDE TEMPORARY NOISE PERMITS; PROVIDE ENFORCEMENT STANDARDS, PENALTIES, AND REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, the City Commission of the City of Dania Beach ("City Commission") finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, effectively controlling noise pollutions and infractions of the previously existing noise ordinance has been a recurring issue in the City; and WHEREAS, the purpose of this Ordinance is to provide the enforcement officers with a clear delineation of enforcement procedures and with concise guidelines for regulating noise within the City by providing specific prohibited noises, temporary noise permits, and determining enforcement responsibilities; and WHEREAS, the purpose of this Ordinance is to provide for an enforcement mechanism which will include a "plainly audible" standard of sound measurement for violating noises; and WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed Ordinance and of the time and date of the public hearing; and WHEREAS, a public hearing was held before the City Commission pursuant to the published notice described above; and WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the public health, safety, and welfare of the residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Article IV, entitled "Noise" of Chapter 17, "Offenses — Miscellaneous," is repealed in its entirety. Section 3. That Article IV, entitled "Noise" of Chapter 17, "Offenses — Miscellaneous" of the City Code of Ordinances is created to read as follows: ARTICLE IV. - NOISE Sec. 17-79. - Scope. The provisions of this article shall apply to the control of all sound originating within the geographical limits of the City and outside the City limits, within all territory to which the jurisdiction of the City extends. Sec. 17-80. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: AMPLIFIED SOUND. Sound augmented by any electronic means which increases the sound level or volume. BUSINESS ESTABLISHMENT. Any commercial establishment, including but not limited to any establishment required to obtain any food or beverage license, or a license for service of alcoholic beverages. COMPLAINT. A specific request for investigation of a suspected violation of this chapter. The complaint may include but is not limited to the following: 1) The name, address and telephone number of the complainant. 2) The approximate date and time when the violation occurred. 3) A brief statement outlining the nature of the violation. 4) Any indication whether the complainant requested the violator(s) to desist. 5) If known, the name, address and location where the violation is occurring or has occurred. 2 ORDINANCE #2019-009 SECOND READING AMENDED COMPLAINANT. Any owner, lessee, manager or person with a legal interest in a receiving property who reports being disturbed by sound heard inside of a residence or place of business upon the receiving property and not originating therefrom. ENFORCEMENT OFFICER. Any code compliance inspector or law enforcement officer. PERSON. Any individual, corporation, partnership, association or other legal entity or any agent or employee of any such entity. PLAINLY AUDIBLE. Able to be clearly heard by a person of normal sensibilities using only unaided auditory senses. Plainly audible shall refer to a sound heard at a volume level above that of normal conversation and shall not include sounds which are just barely audible. With respect to music, the detection of a rhythmic base reverberating type sound, beat or cadence shall be deemed plainly audible. PROPERTYLINE. An imaginary line along the ground surface, and its vertical extension, which separates the real property owned or possessed by a person from that owned or possessed by another person, including intra-building divisions. RECEIVING PROPERTY. Any residence or place of business into which sound, not originating therefrom, is traveling and is audible. RESIDENCE. Any occupied room or rooms connected together containing sleeping facilities, including but not limited to single and multiple family homes, townhomes, apartments, condominium units, hotel and motel rooms. SOUND SOURCE. The place from which sound emanates, including without limitation, a speaker, loud speaker, or other sound producing instrument or sound from a person. UNREASONABLY LOUD. Uninvited noise shall be deemed unreasonably loud if it is plainly audible inside of a receiving property across a property line and causes actual interference with a business, a person's peaceful enjoyment of a residence or the peace and tranquility of the surrounding neighborhood. UNINVITED NOISE. Noise not originating on the receiving property. Sec. 17-81. —Unreasonably loud noise prohibited. It 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. ORDINANCE #2019-009 SECOND READING AMENDED Sec. 17-82. - Responsibility for compliance. Any person owning or having responsibility for management of a business establishment or premises, however temporarily, any performer or disc jockey producing sound upon any business establishment or premises, any person playing music, any person having control of volume knobs or levels, and the business as named on the business tax receipt, shall be responsible for compliance and shall be responsible for any violations of this chapter. Sec. 17-83. — Additional sound limitation for public property. Except for those activities and events which are exempt pursuant to Section 17-85 of this Article, no person shall on any public street or sidewalk, park, beach or other public property, use, operate or play any radio, phonograph, stereo set, tape or CD player, television, sound amplifier, or other audio device which produces or reproduces amplified sound, at a level which is plainly audible at a distance more than thirty (30) feet from the sound source. Sec. 17-84. — Construction activity. Construction work is allowed between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturdays. No construction activities are allowed on Sundays and holidays or any days and times not provided in Section 17-84, except for emergency work approved by the Community Development Director or as provided by a special permit. A. Demolition of structures: operation of heavy equipment: 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. B. Special permits for construction activity: Any person desiring relief from this provision of this Article may apply for a special permit to extend the hours of work. 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 two hundred dollars ($200.00) shall accompany the application. The City Manager shall grant the special permit upon a showing by the applicant that: 1. The application has been approved by the Community Development Director, and 2. The activity will be conducted in a manner that mitigates, limits and minimizes excessive sound levels by using all available measures. Sec. 17-85. - Exemptions. The following activities shall be exempt from the requirements of and from the enforcement provisions in this Article: 4 ORDINANCE #2019-009 SECOND READING AMENDED (a) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles. (b) Screams for emergency assistance and warning calls. (c) Fireworks displays, parades, special events and other activities for which a valid permit has been obtained, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of a permit. (d) Noise generated as the result of emergency work or from activities permitted under a special permit. (e) Noise generated by motor vehicles as defined in Florida Statutes Section 320.01, as may be amended and noise resulting from the operation of vessels when operated in compliance with the limitations set forth in Florida Statutes Section 327.65. (f) Noise emanating from the unamplified conversations of person(s) on public streets and sidewalks. (g) Fire alarms and burglar alarms, bells and chimes of churches or other religious institutions; however, false fire or burglar alarms shall be subject to enforcement procedures and penalties as set forth in Article VII, "Emergency Alarm Systems" of Chapter 8 of the City Code of Ordinances. (h) Locomotives and other railroad equipment and aircraft, to the extent that city regulations are preempted by federal provisions. (i) Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, when such activities have been authorized by the public authority which owns the properties or facilities or their agent, except where such publicly owned properties are under private operation pursuant to a lease, agreement or other arrangements. 0) Noise in, adjacent to or adjoining residential areas, generated as the result of the operation of sanitation equipment. (k) Noise emanating from a business establishment which is providing musical entertainment within permitted hours of operation and is located within the Dania Pointe Entertainment District. Sec. 17-86. - Enforcement. (a) An Enforcement Officer shall investigate complaints regarding violations of this chapter. If compliance is not accomplished, and any violation of this chapter is subsequently witnessed by an Enforcement Officer, a violation may be enforced as provided by law. (b) The Notice of Violation is to include the date and time of the violation, the nature of the violation, the name of the violator, notice informing the violator that the violation may result in the imposition of fines and liens as provided by law and that any repeat violation may result in the imposition of increased fines. Sec. 17-86. - Alternate means of enforcement and penalties. (a) Anyone found in violation of this chapter may be subject to the penalties specified in the City Code of Ordinances. 5 ORDINANCE #2019-009 SECOND READING AMENDED (b) As an alternative or additional means of enforcement, in order to maintain the peace and domestic tranquility of the surrounding neighborhood, the City may deny any applicable extended hours license pursuant to "Section 4-18.1 "Extended hours license" of the City Code of Ordinances. Section 4. 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 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 6. That this Ordinance shall be codified in accordance with the foregoing. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City of Dania Beach Code of Ordinances; and that the sections of this Ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article" or such other appropriate word or phrase in order to accomplish such intentions. Section 7. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on June 25, 2019. PASSED AND ADOPTED on second reading on July 30, 2019. ATTEST: THOMAS SCHNEIDER, CMC LORI LEWELLEN CITY CLERK ( PD)o6jed` MAYOR NeE� APPROVED TO FORM AND CORRECTNESS: I Ali, CITY-ATTORNEY 6 ORDINANCE 42019-009 SECOND READING AMENDED