Ord 34-12LorkM- NwilQC"T.A'I WJ
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99
"NOISE CONTROL ", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 99.02 "DEFINITIONS" TO DEFINE "STRUCTURE ";
BY AMENDING 99.03 "LOUD AND UNNECESSARY NOISES
PROHIBITED" TO CLARIFY SAME; BY AMENDING
SECTION 99.08 "PENALTY" TO INCREASE THE FINES FOR
NOISE VIOLATIONS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the people have a right to and should be ensured an environment free from
unreasonably excessive sound as would jeopardize their health or welfare or safety or degrade the
quality of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the health or welfare or safety of its citizens or
degrade the quality of life; and,
WHEREAS, Florida Statute 162.09 provides for enhanced code enforcement fees; and,
WHEREAS, Florida Statute 162.09(2)(d) allows a municipality having a population equal to or
greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of
the municipality, an ordinance that gives code enforcement boards or special masters authority to
impose fines not to exceed one thousand dollars ($1,000.00) per day per violation for a first violation
and five thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed
fifteen thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to
be irreparable or irreversible in nature; and,
WHEREAS, the population of the City of Delray Beach ("City") is more than 50,000
residents; and,
WHEREAS, the City Commission wishes to authorize the enhanced fines for code
enforcement violations in certain limited circumstances;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 99.02 "Definitions" of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.02. - 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:
Ampl fication device. Any instrument, machine, or system, which by electronic means
augments sound by increasing the sound level or volume.
Amplified sound. Sound augmented by any electronic means that increases the sound
level or volume.
Commercial area. For purposes of this ordinance only, commercial area shall include all
nonresidential and nonindustrial zoning districts:
(1) Neighborhood Commercial (NC);
(2) Planned Commercial (PC);
(3) General Commercial (GC);
(4) Automotive Commercial (AC);
(5) Central Business District (CBD);
(6) Central Business District —Rail Corridor (CBD -RC);
(7) Residential Office (RO);
(8) Old School Square Historic Acts District (OSSFIAD);
(9) Professional Office District (POD);
(10) Planned Office Center (POC);
(11) Special Activities District (SAD); and
(12) Resort /Tourism (RT).
(13) Mixed Residential, Office and Commercial District (MROC)
Industrial area. All that area located in the following zoning districts:
(1) Light Industrial (LI);
(2) Mixed Industrial and Commercial (MIC);
(3) Industrial (I); and
(4) Planned Commerce Center (PCC).
Offense. A notice of violation that has not been appealed timely or a finding of violation
2
ORD. NO. 34-12
by a special master following the appeal of a violation.
One day. A 24 -hour period from noon to noon.
Premises. Any real property or parcel of land, including the buildings, structures or
other improvements thereon.
Residential area. For purposes of this chapter only, residential area shall include the
following zoning districts:
(1) R -1 -AAA;
(2) R- 1- AAA -B;
(3) R-1-AA;
(4) R- 1 -AA -B;
(5) R -1 -A;
(6) R- 1 -A -B;
(7) RM;
(8) RR;
(9) A;
(10) PRD;
(11) NM;
(12) RL;
(13) Community Facilities (CF);
(14) Open Space (OS);
(15) Open Space & Recreation (OSR); and
(16) Conservation District (CD).
Structure. A building of any kind, either tempor or permanent, which has a roof
over it.
Violator. A person or entity determined or cited by a code inspector as being in
violation of the provisions of this article.
Section 3. That Section 99.03 "Loud And Unnecessary Noises Prohibited" of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED.
J
ORD. NO. 34-12
Its all be unlawful for any person to make, continue or cause to be made or
continued any unreasonably loud, excessive, or unnecessary noise.
(A) Certain .acts Declared Unlaufmll The following acts, and the causing thereof,
among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in
violation of this Chapter:
(1) radios, televisions, musical instruments, loud Bakers, etc. • Using, operating, or
permitting to be played, used or operated any radio receiving set, television set,
musical instrument, sound amp lihe loudspeaker, public address system, sound truck
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 louder volume than is necessary for convenient hearing for the person or
persons who are in the room, vehicle or chamber in which such machine or device is
operated and who are voluntary listeners thereto.
(a) Violation will occur if the noise source is located within an
automobile, in or upon a public street, highway, building,
sidewalk, park, thoroughfare or other public area, or is located
in or upon a public access area, such as a shopping mall,
parking lot or the like, or on any private property, and the
sound is plainly audible more than fifty (50) feet from its
source or, if the noise source is in a building 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
property surrounding such building or structure, whichever is
greater (except for activities open to the public and for which a
permit has been issued by the City according to the criteria set
forth in Section 99.05).
(b) Where the noise source is located in a building or other
structure, the owner, occupant, resident manager or other
person in charge of the premises shall, if present, be presumed
to have permitted the noise in the absence of evidence to the
contrary.
ORD. NO. 34-12
Y_ .
ORD. NO. 34-12
�}(2) Animals and Birds. Owning, possessing or harboring any dog, animal or
bird which causes frequent, habitual or long continued noise which is plainly audible at
a distance of one hundred (100) feet from the building, structure or yard in which the
dog, animal or bird is located. This provision shall not apply to public zoos.
Oa Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage cans or similar objects
in a manner as to cause an unreasonably loud or excessive sound.
{x.(44 Construction. Operating or permitting the operation of any tools or
equipment used in construction, drilling or demolition work in such a manner as to
create an unreasonably loud or excessive sound.
(a) The provisions of subsection (A){-5-}.(4� of this Section shall not
prohibit construction, drilling or demolition work between the
hours of 7:00 a.m. and 7:00 p.m. on weekdays, not prohibit the
use of any temporary pumps or machinery which are required
to be operated twenty -four (24) hours a day in conjunction with
construction work. Subsection (A){ 4, shall also not apply to
emergency work for public utilities or where there is an
exemption pursuant to Section 99.04 or where a temporary
permit has been issued pursuant to Section 99.05.
(b) The provisions of subsection (A){S)(4) shall not apply to the
use of domestic power tools subject to subsection (A) fl-3-} 12
of this Section.
{fr} Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying
or testing any motor vehicle, motorcycle or motorboat in a manner as to cause an
unreasonably loud or excessive sound.
e4Q Refuse Collection Vehicles. No person shall collect refuse with a refuse
collection vehicle between the hours of 7:00 p.m. and 6:00 a.m.
� Stationary Mechanical Noise Source. Operating or permitting the operation
of stationary mechanical sources including but not limited to pumps (except for
pumping done pursuant to division (A){�}_(4 (a) of this Section), motors, fans,
compressors, powered tools or similar devices, air conditioning or air - handling
systems, and cooling towers in a manner as to exceed 60 decibels (dB[A]) when
5
ORD. NO. 34-12
II measured at any point on neighboring property line. I
f 9} 8 .Vibration. Operating or permitting the operation of any device on a
property so as to produce vibration noticeable by a person of reasonable sensitivity at
the property line, including bass emanating from audio speakers.
{�MStationary Nonemergency Signaling Devices. Sound or permitting the
sounding of any signal from any stationary bell, chime, siren, whistle or similar device
intended primarily for nonemergency purposes, from any place, for more than ten (10)
seconds in any hourly period. Devices used in conjunction with places of religious
worship shall be exempt from the operation of this provision.
"4 0�Emergeng Signaling Devices.
(a) The intentional sounding or permitting the sounding outdoors
of any fire, burglar or civil defense alarm, siren, whistle or
similar stationary emergency signaling devices, except for
emergency purposes or for testing, as provided in subsection
(A) fI4- (b) of this Section.
(b)(1) Testing of a stationary emergency signaling device and /or
emergency generator shall not occur before 7:00 a.m. or after
7:00 p.m. Any testing shall use only the minimum cycle test
time. In no case shall the test time exceed sixty (60) seconds
for emergency signaling devices and five (5) minutes for
emergency generators.
(2) Testing of the complete emergency system, including the
functioning of the emergency signaling device and the
personnel response to the emergency signaling device shall not
occur more than once in each calendar month. This testing
shall not occur before 7:00 a.m. or after 7:00 p.m. The time
limit for the test time specified in subsection (A){�(10 (b) (1)
shall not apply to the complete system testing.
(c) The sounding or permitting the sounding of any exterior
burglar or fire alarm shall comply with the provisions of
Chapter 112.
{} 11 Motor Vehicles Operating on a Public Right-of-Way. Motor vehicles on a
Public Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as
6
ORD. NO. 34 -12
currently exists or as may hereafter be amended.
{-3} 12 Domestic Poxer Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar
device used in residential areas between the hours of 8 p.m and 7 a.m.
f14} 13 Schools, Courts, Hospitals The creation of any excessive or unreasonably
loud noise on any street adjacent to any school, institution of learning, house of
worship or court while the same are in use, or adjacent to any hospital, which
unreasonably interferes with the working of such institutions, or which disturbs or
unduly annoys the patients in the hospital, provided conspicuous signs are displayed in
such streets indicating that it is a school, hospital or court street.
{l-5}4L4�Tampering. The removal or rendering inoperative by any person other
than for purposes of maintenance, repair or replacement, of any noise control device
or element of design of any product having those devices.
Section 4. That Section 99.08 "Penalty" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.08. - PENALTY.
(A) The following civil fines and penalties shall be unposed for violations of this
article:
(1) If the offense is the first offense, a maximum fine of $250.00 may be
imposed.
(2) If the offense is the second offense within the preceding 12 months, a
maximum fine of $509 $1000.00 may be imposed.
(3) If the offense is the third offense within the preceding 12 months, a
maximum fine of $3000.00 may be imposed.
(4) If the offense is more than the third offense within the preceding 12
months, a maximum fine of $5000.00 may be imposed.
(B) Each violation shall constitute a separate offense for which a separate fine may
be imposed. A person may receive a separate notice of violation once every hour if a violation
has occurred at any time within that period. An offense shall be deemed to have occurred on
ORD. NO. 34-12
the date the violation occurred. An offense occurring 12 months after the last offense shall be
treated as a first offense for purposes of incurring new fines and penalties.
(C) This Chapter shall be enforced using procedures set forth in Section 37.45 or
Section 99.09 of the City's Code of Ordinances, or by any other means available to the City.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
Section 7. That this ordinance shall become effective upon its passage on second and
final reading.
)�I A SSED kN DOPTED in regular session on second and final reading on this the
.t day of v , 2012.
MAYOR
ATTEST:
City Cleric
First Reading
Second Reading \, u' \`4
ORD. NO. 34 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 5, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 11.D. -REGULAR COMMISSION MEETING OF OCTOBER 16, 2012
ORDINANCE NO. 34-12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to Chapter 99,
"Noise Control ", by amending Section 99.03, "Loud and Unnecessary Noises Prohibited ", to clarify
same, by amending Section 99.08, "Penalty ", to increase the fines for noise violations.
BACKGROUND
At the first reading on September 20, 2012, the Commission passed Ordinance No. 34 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 34 -12 on second and final reading.
http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6082 &MeetingID =392 10/18/2012
ORDINANCE 34-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99
"NOISE CONTROL", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
99.02 "DEFINITIONS" TO DEFINE "STRUCTURE "; BY
AMENDING 99.03 "LOUD AND UNNECESSARY NOISES
PROHIBITED" TO CLARIFY SAME; BY AMENDING SECTION
99.08 "PENALTY" TO INCREASE THE FINES FOR NOISE
VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the people have a right to and should be ensured an environment free from
unreasonably excessive sound as would jeopardize their health or welfare or safety or degrade the quality
of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the health or welfare or safety of its citizens or degrade
the quality of life; and,
WHEREAS, Florida Statute 162.09 provides for enhanced code enforcement fees; and,
WHEREAS, Florida Statute 162.09(2)(d) allows a municipality having a population equal to or
greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of the
municipality, an ordinance that gives code enforcement boards or special masters authority to impose
fines not to exceed one thousand dollars ($1,000.00) per day per violation for a first violation and five
thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed fifteen
thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be
irreparable or irreversible in nature; and,
WHEREAS, the population of the City of Delray Beach ( "City ") is more than 50,000 residents;
and,
WHEREAS, the City Commission wishes to authorize the enhanced fines for code enforcement
violations in certain limited circumstances;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 99.02 "Definitions" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.02. - 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:
Amplification device. Any instrument, machine, or system, which by electronic means
augments sound by increasing the sound level or volume.
Amplified sound Sound augmented by any electronic means that increases the sound level
or volume.
Commercial area. For purposes of this ordinance only, commercial area shall include all
nonresidential and nonindustrial zoning districts:
(1) Neighborhood Commercial (NC);
(2) Planned Commercial (PC);
(3) General Commercial (GC);
(4) Automotive Commercial (AC);
(5) Central Business District (CBD);
(6) Central Business District —Rail Corridor (CBD -RC);
(7) Residential Office (RO);
(8) Old School Square Historic Acts District (OSSHAD);
(9) Professional Office District (POD);
(10) Planned Office Center (POC);
(11) Special Activities District (SAD); and
(12) Resort /Tourism (RT).
(13) Mixed Residential, Office and Commercial District (MROC)
Industrial area. All that area located in the following zoning districts:
(1) Light Industrial (LI);
(2) Mixed Industrial and Commercial (MIC);
(3) Industrial (1); and
(4) Planned Commerce Center (PCC).
Offense. A notice of violation that has not been appealed timely or a finding of violation by
a special master following the appeal of a violation.
2
ORD. NO. 34-12
One day. A 24 -hour period from noon to noon.
Premises. Any real property or parcel of land, including the buildings, structures or other
improvements thereon.
Residential area. For purposes of this chapter only, residential area shall include the
following zoning districts:
(1) R -1 -AAA;
(2) R- 1- AAA -B;
(3) R -1 -AA;
(4) R- 1 -AA -B;
(5) R -1 -A;
(6) R- 1 -A -B;
(7) R1-
(8) RR;
(9) A;
(10) PRD;
(11) MH;
(12) RL;
(13) Community Facilities (CF);
(14) Open Space (OS);
(15) Open Space & Recreation (OSR); and
(16) Conservation District (CD).
Structure. A building of any kind, either temporary or permanent, which has a roof over it.
Violator. A person or entity determined or cited by a code inspector as being in violation
of the provisions of this article.
Section 3. That Section 99.03 "Loud And Unnecessary Noises Prohibited" of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED.
It shall be unlawful for any person to make, continue or cause to be made or continued
any unreasonably loud, excessive, or unnecessary noise.
(A) Certain Acts Declared Unlanylrl, The following acts, and the causing thereof, among
3
ORD. NO. 34-12
others, are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of
this Chapter:
(1) Radios, televisions, musical instruments, loudspeakers, etc. Using, operating, or
permitting to be played, used or operated any radio receiving set, television set, musical
instrument, , loudspeaker, public address system. sound truck 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
louder volume than is necessary for convenient hearing for the person or persons who are
in the room, vehicle or chamber in which such machine or device is operated and who are
voluntary listeners thereto.
(a) Violation will occur if the noise source is located within an
automobile, in or upon a public street, highway, building, sidewalk,
park, thoroughfare or other public area, or is located in or upon a
public access area, such as a shopping mall, parking lot or the like,
or on any private property, and the sound is plainly audible more
than fifty (50) feet from its source or, if the noise source is in a
building 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 property surrounding such building or structure,
whichever is greater (except for activities open to the public and
for which a permit has been issued by the City according to the
criteria set forth in Section 99.05).
(b) Where the noise source is located in a building or other structure,
the owner, occupant, resident manager or other person in charge
of the premises shall, if present, be presumed to have permitted the
noise in the absence of evidence to the contrary.
{3) Animals and Birds. Owning, possessing or harboring any dog, animal or bird
which causes frequent, habitual or long continued noise which is plainly audible at a
distance of one hundred (100) feet from the building, structure or yard in which the dog,
animal or bud is located. This provision shall not apply to public zoos.
4
ORD. NO. 34-12
{4}l Loading and Unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, garbage cans or similar objects in
a manner as to cause an unreasonably loud or excessive sound.
{3},(44 Construction. Operating or permitting the operation of any tools or
equipment used in construction, drilling or demolition work in such a manner as to create
an unreasonably loud or excessive sound.
(a) The provisions of subsection (A){5 4� of this Section shall not
prohibit construction, drilling or demolition work between the
hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor prohibit the use
of any temporary pumps or machinery which are required to be
operated twenty -four (24) hours a day in conjunction with
construction work. Subsection (A){§ 4% shall also not apply to
emergency work for public utilities or where there is an exemption
pursuant to Section 99.04 or where a temporary permit has been
issued pursuant to Section 99.05.
(b) The provisions of subsection (A){�(4) shall not apply to the use of
domestic power tools subject to subsection (A){4� 12 of this
Section.
(6},{5). Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or
testing any motor vehicle, motorcycle or motorboat in a manner as to cause an
unreasonably loud or excessive sound.
{�4 Refuse Collection Tlehicks. No person shall collect refuse with a refuse
collection vehicle between the hours of 7:00 p.m. and 6:00 a.m.
� Stationary Mechanical Noise Source. Operating or permitting the operation of
stationary mechanical sources including but not limited to pumps (except for pumping
done pursuant to division (A) f5)441(a) of this Section), motors, fans, compressors, powered
tools or similar devices, air conditioning or air- handling systems, and cooling towers in a
manner as to exceed 60 decibels (dB[A]) when measured at any point on neighboring
property line.
{�4Vibration. Operating or permitting the operation of any device on a property
so as to produce vibration noticeable by a person of reasonable sensitivity at the property
line, including bass emanating from audio speakers.
5
ORD. NO. 34-12
-(-1 44 ,�Stalionary Nonemeq,,ency Signaling Devices. Sound or permitting the sounding
of any signal from any stationary bell, chime, siren, whistle or similar device intended
primarily for nonemergency purposes, from any place, for more than ten (10) seconds in
any hourly period. Devices used in conjunction with places of religious worship shall be
exempt from the operation of this provision.
{ } 101 Emergency Signaling Devices.
(a) The intentional sounding or permitting the sounding outdoors of
any fire, burglar or civil defense alarm, siren, whistle or similar
stationary emergency signaling devices, except for emergency
purposes or for testing, as provided in subsection (A)(4 }4LQQ�(b) of
this Section.
(b)(1) Testing of a stationary emergency signaling device and /or
emergency generator shall not occur before 7:00 a.m. or after 7:00
p.m. Any testing shall use only the minimum cycle test time. In no
case shall the test time exceed sixty (60) seconds for emergency
signaling devices and five (5) minutes for emergency generators.
(2) Testing of the complete emergency system, including the
functioning of the emergency signaling device and the personnel
response to the emergency signaling device shall not occur more
than once in each calendar month. This testing shall not occur
before 7:00 a.m. or after 7:00 p.m. The time limit for the test time
specified in subsection (A){}((b)(1) shall not apply to the
complete system testing.
(c) The sounding or permitting the sounding of any exterior burglar or
fire alarm shall comply with the provisions of Chapter 112.
{�— 41j otor Vehicles Operating on a Public light -of -Way. Motor vehicles on a Public
Right -of -Way are regulated as set forth in F.S. Sections 316.272 and 316.293, as currently
exists or as may hereafter be amended.
{4-3}412�Domestic Power Tools. Operating or permitting the operation of any
mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, or similar
device used in residential areas between the hours of 8 p.m and 7 a.m.
{ 4}13 Schools, Courls, Hospitals. The creation of any excessive or unreasonably
loud noise on any street adjacent to any school, institution of learning, house of worship
6
ORD. NO. 34 -12
or court while the same are in use, or adjacent to any hospital, which unreasonably
interferes with the working of such institutions, or which disturbs or unduly annoys the
patients in the hospital, provided conspicuous signs are displayed in such streets indicating
that it is a school, hospital or court street.
{}Tampeizng. The removal or rendering inoperative by any person other than
for purposes of maintenance, repair or replacement, of any noise control device or
element of design of any product having those devices.
Section 4. That Section 99.08 "Penalty" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.08. - PENALTY.
(A) The following civil fuzes and penalties shall be imposed for violations of this
article:
(1) If die offense is the first offense, a maximum fine of $250.00 may be
imposed.
(2) If the offense is the second offense within the preceding 12 months, a
maximum fine of $588 S1000.00 may be imposed.
(31 If the offense is the third offense within the preceding 12 months, a
maximum fuze of $3000.00 may be imposed.
(4) If the offense is more than the third offense within the preceding 12
months, a maximum fine of $5000.00 may be imposed.
(B) Each violation shall constitute a separate offense for which a separate fine may be
imposed. A person may receive a separate notice of violation once every hour if a violation has
occurred at any time within that period. An offense shall be deemed to have occurred on the date
the violation occurred. An offense occurring 12 months after the last offense shall be treated as a
first offense for purposes of incurring new fines and penalties.
(C) This Chapter shall be enforced using procedures set forth in Section 37.45 or
Section 99.09 of the City's Code of Ordinances, or by any other means available to the City.
ORD. NO. 34 -12
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 7. That this ordinance shall become effective upon its passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of .2012.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
8
ORD. NO. 34 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Janice Rustin, Assistant City Attorney
DATE: September 14, 2012
Page I of I
SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ORDINANCE NO. 34-12
ITEM BEFORE COMMISSION
The attached Ordinance 34 -12 is amending Section 99.02, "Definitions", amending Section 99.03,
"Loud and Unnecessary Noises Prohibited ", and amending Section 99.0 8, "Penalty".
BACKGROUND
This ordinance amendment is before Commission for approval to Section 99.03, "Loud and
Unnecessary Noises Prohibited ", by removing Subsection (A)(2), "Loudspeakers and Public Address
Systems ", and adding the devices described in this section to the list of devices covered in Subsection
(A)(1), "Radios, televisions, musical instruments, etc.". This change is intended to prevent inconsistent
enforcement regarding the use of outdoor loudspeakers. Also, Commission approval is requested to
amend Section 99.02, "Definitions ", to add a definition for "structure" and to amend Section 99.08,
"Penalty ", to increase the fines for noise violations to the maximum fines allowed under Florida Statute
162.09(2)(d) .
RECOMMENDATION
The City Attorney's office recommends City Commission discretion.
http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6029 &MeetinglD =389 10/8/2012
E6 THE PALM SEHAC{ i POST REAL NFWS STARTS HERE 1 FRIDAY, OCTOBER 53. 2012