HomeMy WebLinkAboutO-2024-023 Amend Ch 17 Offenses-Misc Art 5 Noise Sec. 17 - DefinitionsORDINANCE NO. 2024- Q Z'�)
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 17-80 ENTITLED "DEFINITIONS" TO BE CONSISTENT WITH
NEWLY ISSUED CASE LAW; PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City seeks to update its noise ordinance to facilitate ease of use and
application; and
WHEREAS, the City Administration supports the further refinement of the City's Noise
Ordinance;
WHEREAS, the City modeled a portion of its ordinance from the City of Miami Beach
that had previously been challenged, and upheld in DA Mortgage, Inc. v. City of Miami Beach,
486 F.3d 1254 (11t' Cir. 2007); and
WHEREAS, recently, in State v. Catalano 104 So.3d 1069 (Fla. 2012), upheld distance
requirement in a noise ordinance; and
WHEREAS, there was a recent lower court decision striking certain language from the
Miami Beach noise ordinance as unconstitutional in Kwartin v. City of Miami Beach, FLWSUPP
3111KWAR ( Fla. 11" Jud. Cir. Jan. 22, 2024), and the City of Dania Beach, in an abundance of
caution strikes the same language, thus preserving the constitutionality of the remainder of the
ordinance, consistent with the above precedents.
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 17-01, entitled "Definitions," is amended as follows:
OFFENSES -MISCELLANEOUS
ARTICLE IV. NOISE
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:
Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used
or operated any radio receiving set, television set, musical instrument, phonograph, or other
machine or device for the producing or reproducing of sound in such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants, or at any time with 'euder— volume'
IM
Unreasonably loud. Uninvited noise shall be deemed unreasonably loud if it is plainly audible
to a receiving property at a distance of 100 feet and that plainly audible sound is determined to
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.
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.
1 Previously deleted the time period in 2023. Removed from the ordinance as language is not to be included.
ORDINANCE #2024- 0 23
Section 5. That it is the intention of the Mayor and City Commission of the City
of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of the City of Dania Beach, Florida. The sections of this
ordinance may be renumbered or re -lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on
PASSED AND ADOPTED on second reading on Lf 2024.
First Readin
Motion by: \tkyq m i sa Yl i� 1�oJI�-MLS
Second by: V 1 �, WAAa I fMf,1
Second Rea �1 ,,�
Motion by: alow�1' �Jo� w S
Second by: Ckomw�cwr wivis /
FINAL VOTE ON ADOPTION: Unanimous ✓
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ELORA
CITY C1
APPROVED
TO FORM AND
ATTORNEY
Yes No
3
ORDINANCE #2024- �'