13-89 ORDINANCE NO. 13-89
AN ORDINANCE OF THE CITY COMMISSION OF THE CI~f OF
DELRAY B~ACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS", CHAPTER 99, "NOISE CO~ROL", "GENEHAL
PROVISIONS", SECTION 99.0¢, "LOUD AND UNNBC~
NOISES ENUMERATED; FD~ ~RMPTIONS,', BY
SUBSECTION 99.04(A) ( 1), AND ENACTING A NEW
SUBSECTION 99.04 (A) ( 1 ) ,; TO PROVIDE THAT IT SH~.T. BE
UNLAWPUL TO PLAY, OPERATE OR PERMIT TO BE PLAY~ OR
OPERATED ANY RADIO, MUSICAL INSTRUMENT,
OR OTHER MACAZINE OR DEVICE FOR THE FRODUCING OR
RB~ROUUCIN~ OF SOUND FOR ~ PIF~i~SE OF ~N~IN-
SENT IF TB~ SOUND CAN BE HEARD MORE THAN 5Q
AWAY FROM A NOISE SOURCE EMANATING FROM PUBLIC-OR
OUTDOOR AREAS AND 100 FEET AWAY FROM A NOISE SOURCE
EMANATING FROM WITHIN A BUILDING OR STR~~
PROPERTY BOUNDARY WHICHEVER IS GREATE~ OR VIOLATES
PROVISIONS FOR NOISE SENSITIVE ZONING OR EXCEED~
VIBRATION AND/OR DECIBR~. RESTHI CTIONS CONTAINED
WITHIN THIS CHAPTER; PROVIDING A G~NERAL
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDIN~ AN
EFFECTIVE DATE,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
99, "Noise Control" "General Regulations", Section 99.04, "Loud and
Unnecessary Noises Enumerate~l; Exemptions", o~ the Code of
Ordinances of the City of Delray Beach, Florida, be an~ the same is
hereby amen~e~, by repealing 'Subsection Section 99.04(a)(1) an~
enactin~ a new Subsection 99.04(a)(1) to read as follows:
99.. 04 LOUD AND UNN~SAR. Y NOISES ~; . .E.X~MPTIONS
(A). Certain acts declared unlawful. The following acts, an~
the causing thereof, among others, are declared to be unlawful
and in violation of this cha~ter:
(1) Noise for entertainment purposes. It shall be
or permit to be played,' use~ or operated, any ra~io,
musical instrument, phonograph, or other, macazine or device
for the producing or reproducin~ o~ soun~ if such soun~ is
for the Dur~ose of entertainment or ia used for that
purpose and can be heard from the distances stated in
Subsection (a) or violates the parameters set forth in
Subsection ( b).
(a) Violation"will 'occur if the no~se source ia
located within an automobile, in or upon a public
street, highway, building, sidewalk, park, thorough-
fare, or other public area, or is locate~ in or u~on
a public access, area, such as a shopping mall,
parking lot, etc. or on any private property, and the
souna can be hear~ more-than fifty (50) feet from its
source or, if the noise source is in a buildimg or
other structure and the sound can be heard more than
one hundred (100) feet away from the building or
structure or the boundaries, of the pro~ert~ surround-
ing such building or structure whichever is greater.
(b) It shall be prima facie evidence of a violation
of this section if the soun~ can be hea~ outsi~e, the
limits describe~ in Subsection (a), or creates a
noise disturbance within noise sensitive zones or if
said sound violates any vibration and/or decibel
levels set forth in this chapter (except for
activities open to the pubLLo an~ for which a pe~Lt
has been issue~ by the City accor~n~g to the criteria
(c) Where the noise source is located in a buil~ng
or other structure
manager, or other' person in charge of the premises
shall, if present, be presume~ to have permitte~ the
noise in the absence of evidence to the contrary.
(d) This section shall not ~pply to non-coaxeercial
spoken language covere~ under Division (A) of this
section.
Section 2. That all ordinances which are in conflict
herewith be and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declare~ by a court of competent jurisdiction to be invalid, such
decision shall not effect the validity of the r~_msln~er hereof as a
whole 'part thereof other than the part declare~ to be invalid.
Section 4. That this ordinance shall become effective ten
(10) ~ays after its passage on seconcl ancl final reading.
PASSED AND ADOPTED in regular session on second an~ final
reading on this the 28th day of ~arc~ ~
.... M~AYOR
A~£~L~T:
First Reading February 28, 1989
Secoru~ Reading March 28. ]989
ORD. NO. 13-89