Ord 14-13ORDINANCE NO. 14 -13
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, BY
AMENDING SECTION 99.02, "DEFINITIONS" TO ADD THE
DEFINITION "AIRCRAFT" AND REMOVE DEFINITIONS "COMMERCIAL
AREA ", "INDUSTRIAL AREA" AND "OFFENSE "; AMENDING SECTION
99.03, "LOUD AND UNNECESSARY NOISES PROHIBITED" TO CLARIFY
SAME, TO AMEND DISTANCE AND TIME REQUIREMENTS, AND TO
ADD PROVISION FOR AIRCRAFT; AMENDING SECTION 99.04
"EXEMPTIONS" TO CLARIFY SAME; AMENDING SECTION 99.05
"TEMPORARY PERMITS" TO CLARIFY SAME; REPEALING SECTION
99.06 "NOTICE OF VIOLATION "; REPEALING SECTION 99.07
"ABATEMENT ORDERS"; AND AMENDING SECTION 99.08 "PENALTY"
TO CLARIFY SAME AND TO ADD PENALTIES; AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, excessive sound is a serious hazard to public health, welfare, safety and quality of life; and,
WHEREAS, people have a right to and should be ensured an environtaent free from unreasonably
excessive sound as would jeopardize their health, welfare or safety or degrade their quality of life; and,
WHEREAS, the City Coivrnission of the City of Delray Beach desires to prevent such unreasonably
excessive sound as would jeopardize the health, welfare or safety of its citizens or degrade their quality of life; and,
WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are unreasonably loud,
excessive, or unnecessary or plainly audible at a certain distance. See DA Mortgage, Inc. v. City of Miami Beach, 486
F.3d 1254, 1272 (11th Cir. 2007).
WHEREAS, the City Commission of the City of Delray Beach desires to protect residents and visitors of
the city from unreasonably loud and excessive sound at all tithes; and to provide stricter enforcement standards
after 1 1:00 p.m.: and
WHEREAS, the City Cotmrnission of the City of Deltay Beach desires to provide stricter enforcement
standards after midnight (12:00 a.tn.) for noise emanating frorn businesses in the downtown core.
WHEREAS. the City Commission of the City of Delray Beach desires to impose business tax receipt
conditions on business owners who are adjudicated guilty of five or more violations of Chapter 99;
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:
Aircra�t. Any self - propelled motor vehicle or contrivance now known or hereafter invented, used of
desigged_for navigation of or flight in the air, including but not limited to powered pgragliders.
Amplification device. Any instrument, machine, or system, which by electronic means augments sound
by increasing the sound level or volw-ne.
Amplified ,round Sound augmented by any electronic means that increases the sound level or volume.
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Ord No. 14 -13
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) 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 or a law enforcement officer 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:
See. 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 Unlaii til. The following acts, and the causing thereof, among others, are
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Ord No. 14 -13
declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this Chapter:
(1) Radios, televisions, musical instruments, loudspeakers, eta- 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 heating 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) The operation of any such set, instrument, machine or device between the hours of
11:00 pm and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet
from the boundaries of the--prop= surrounding the device or the building, sauctute or
vehicle in which the device is located except as set forth in Section 99.03 A 1 a 01 shalt be
12tima facie evidence of a violation of this section.
lz) For buildings or structures used for commercial purposes in the shaded area
designated in the map below, operation of any such setinstrument, machine or
device between the hours of 11:00 12 -in. and 7:00 a.m., Sunday through Thursday and
between the hours of midnight (12:00 a.m.) and 7:00 a.m. on Friday and Saturday in
such a manner a& to be plainly audible at a distance of 100 feet from the boundaries
of the pj:opeqy. in which the device is located shall be prima facie evidence of a
violation of this section.
Ord No. 14 -13
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SC 2nd Street
Ord No. 14 -13
The 1 00-feet distance shall be measured in a straight line from any point on the
property line of the sound source as shown in the accompanying illustration.
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Sound Source
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property LI ne
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(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 ptemises shall, if present, be
presumed to have permitted the noise in the absence of evidence to the contrary.
(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.
(3) 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.
Ord No. 14 -13
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(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 ptemises shall, if present, be
presumed to have permitted the noise in the absence of evidence to the contrary.
(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.
(3) 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.
Ord No. 14 -13
(4) 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 or vibration.
(a) The provisions of subsection (A)(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)(12)of this Section.
(S) 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.
(6) 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.
(7) 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 ait- handling systems, and cooling towers in a manner as to exceed 60 decibels
(dB [A]) when measured at any point on neighboring property line.
(8) Vibration. Operating or permitting the operation of any device on a property,
including bass einanatinV, from audio speakers, so as to produce vibration that is unreasonable.
(9) Stationary Nonev)ergeney Signaling Devices. Sound or permitting the sounding of any
signal from any stationary bell, chime; siten, whistle or similar device intended ptit =ily for
nonemetgency 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.
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Ord No. 14 -13
(10) Emergency Signaling Devices.
(a) The intentional sounding or permitting the sounding outdoors of any fite,
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) (10) (b) of this Section.
(b) (1) Testing of a stationary emergency signaling device 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 and five (5)
minutes for emergency generators.
(2) Testing of the complete emergency signaling 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 Tlehicles Operating on a Public Bight- 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.
(12) 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.
(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.
(14) 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.
(15) Operation ofairwaft: m4 ers Operating an aircraft over the corporate limits of the City
that is not equipped with an adequate muffler ordinary for any such aircraft. Said muffler must be
used in constant operation so-as _to_prevent any excessive or unnecessary_ noise.
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Ord No. 14 -13
Section 4. That Section 99.04 "Exemptions" of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Sec. 99.04. - EXEMPTIONS.
The provisions of this Chapter shall not apply to:
(A) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency
response vehicles;
(B) Parades, fireworks displays, and other activities for which a permit has been obtained from
the City Manager or his /her designee pursuant to Section 99.05, within such hours and in accordance with
such restrictions as may be imposed as conditions for the issuance of the permit; or
(C) The emission of sound in the performance of an activity for which, pursuant to this Chapter,
the City Manager has expressly given a ttmporarr,
the abtai,� of a temporary permit pursuant to Section 99.05.
(D) Noises resulting from emergency work, including but not limited to the use of generators or
other equipment by communications and public utility companies in connection with a commercial power
outage and /or restoration of service operations and the use of emergency generators due to loss of power
other than non- payment of utility services. The testing of emergency generators shall not occur before 7:00
a.m. or after 7:00 p.m. and shall not occur more than once in each week.
Section 5. That Section 99.05 "Temporary Permits" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.05. - TEMPORARY PERMITS.
(A) Requirements and prvoed7sres. The City Manager or his or her designee is authorized to
issue a temporary permit to allow noise when produced by a temporary use or activity as provided in this
section. The City Manager may prescribe any reasonable conditions necessary to minimize any adverse
effect upon the community. A permit granted under this ae section shall contain all conditions upon
which the permit has been granted, including the decibel limit and the period of time for which the permit
has been granted. Such relief may be granted in the following situations:
(1) Special events. When an applicant is applying for a Special Use yerinit, a temporary
permit to allow noise may be granted at the same time. A special event is a non - routine happextiag
or social activity bringint g people. together in a defined area on C4 facilities, right of way, or private
property which requires City services to ensure safety and coordination. Special events include, but
are not limited to, activities such as festivals, _conc_erts, sporting; events, parades, walks and runs, etc.
(21 TLVotya events. When an applicant plans to engage in temisorar�r uses or activities on
private property which do not significand ey ndanger the health, safety or welfare of the community,
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Ord No. 14 -13
but which may be in technical violation of the requirements of this Chaptet, a temporary permit may
be issued to permit noise produced by the event. Temporary events include, but are not limited to,
store openings, outdoor markets, carnivals. etc.
(347) Code compliance in progress. When an applicant is utilizing best efforts to comply with
the noise restrictions in this Chapter, but additional time is required for the applicant to modify his �
activity to comply and no reasonable alternative is available to the applicant, such permits may be
granted for a period of time not to exceed ten (10) consecutive days.
(9) Consirve ion. When construction activities pursuant to a valid building permit cannot
be carried out in a manner which would comply with Section 99.03, notwithstanding that all
equipment is operated in accordance with manufacturer's specifications, is in good repair and utilizes
all noise baffling methods as specified by the manufacturer.
(a) The City Manager may authorize any necessary construction activities to
occur earlier and /or later than normally allowed based upon a finding that:
1. There are no reasonable alternatives;
2. There are no prior code violation adjudications or fines and no
pending construction noise violation cases against the property
owner, contractor, or the construction site; and
3. There is a significant community need, public purpose or benefit.
(b) The work authorized by the City Manager may be conditioned upon
reasonable notice to surrounding property owners and tenants. Permits
issued pursuant to such authorization shall not exceed seven (7) consecutive
days.
(c) Notwithstanding the provisions 4-2 (a) and (b), temporary permits shall be
subject to authorization by the building official under emergency
circumstances or when the building official determines that for reasons of
technical necessity work earlier or later than the time frames normally
allowed or on any day (including Sundays or national holidays) is required.
The work authorized by the building official pursuant to this subsection shall
he conditioned upon reasonable notice to surrounding property owners and
tenants.
(B) Violation of temporary permit_ Failure to comply with any condition of a temporary permit
issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and
penalties as set forth in Section 99.08.
(C) revocation of temporary permits Any temporary permit may be immediately revoked if the City
Manager finds that an emergency condition exists involving serious danger to the public health, safety, or
welfare; if the permit holder failed to disclose or misrepresented material information in the permit
Ord No, 1413
application or in the permit application process; or that there was a failure to comply with any condition of a�
particular temporary permit.
(D) The issuance of a temporary permit is a privilege and does not constitute a right or
expectation that said permit will remain in effect. Any permits issued pursuant to this section shall not
constitute or be deemed precedent for the granting of any future permits.
(E) Appeals. Appeals of the decision of the City Manager or his /her designee shall be made to
the City Commission by submitting the appeal in writing to the City Clerk within ten (10) days of the denial.
Decisions of the City Commission shall be final subject to appeal of such decision within thirty (30) days to
the Circuit Court of Pahn Beach County.
Section 6. That Section 99.06 "Notice of Violation" of the Code of Ordinances of the City of Delray
Beach, Florida, shall be repealed it in its entirety:
. - - -
Section 7. That Section 99.07 "Abatement Orders" of the Code of Ordinances of the City of Delray
Beach, Florida, shall be repealed it in its entirety:
Section S. 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:
See. 99.08. — NOTICE OF VIOLATION /PENALTY.
(A . A code
enforcement officer or a law enforcement officer may, issue a civil citation for a violation of this Chapter
utsuant to the 12tocedures and amounts listed in Section 37.45 of this City's Code of Ordinances. Each
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Ord No. 14 -13
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Section S. 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:
See. 99.08. — NOTICE OF VIOLATION /PENALTY.
(A . A code
enforcement officer or a law enforcement officer may, issue a civil citation for a violation of this Chapter
utsuant to the 12tocedures and amounts listed in Section 37.45 of this City's Code of Ordinances. Each
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Ord No. 14 -13
violation shall constitute a se arate instance for which a se arate fine maa be im osed. A erson ma
receive a separate notice of violation once every hour if a violation has occurred at any time within that
period. A violation shall be deemed to have occurred on the date that the noise incident occurred. A
violation occurring twelve 112) months after the last violation shall be treated as a first violation fox
purposes of incurring new fines and penalties.
Bl A code enforcement officer or law enforcement officer may issue a notice of violation of
this Chapter and initiate enforcement proceedings to be heard by the code enforcement board pursuant to
+.L- r.+•r- oA- *— 1ioF -A 4n ?.7 3rl -4:1-1,;. r'-A- -.P . A in nrAn. 1n +l. +l,o
amounts listed below;
(1) If the offense is the first offense to come before the code enforcement board, a
maximum fine of $250.00 may be imposed uupon a finding of guilt by the code enforcement board.
(2) If the offense is the second offense to come before the code enfotcemment board
within the preceding 12 months, a maximum fine of $500.00 may be imposed upon a finding o£guilt
by the code enforcement board.
(31 If the offense is the seem third offense to come before the code enforcement
board within the preceding 12 months, a maximum fine of990:90 5000.00 maybe imposed u on
a finding of guilt by the code enforcement board. In addition, business tax receipt . conditions may
be imposed limiting the_ability to produce any live or amplified sound at that portion of the premises
that caused the violations pursuant to Section 110.17 of this City's Code of Ordinances.
(43) If the offense is the fourth offense to come before the code enforcement board
within the preceding 12 months, a maximum fine of $4008:90- $10,000.00 may be imposed u on a
finding of guilt by the code enforcement board. In addition, business tax receipt conditions maybe
imposed limiting the ability to produce any live or amplified sound at.hat�ordon of the premises
that caused the violations pursuant to Section 110.17 of this City's Code of Ordinances.
(54) If the offense is more than the dtird fourth offense to come before the code
enforcement board within the preceding 12 months, a maximum fine of $5000:90 $15.000.00 may
be imposed upoxz_a_ ixading of guilt by the code enforcement board. In addition, business tax receipt
conditions may be unposed limiting the ability to produce any live or amplified sound at that portion
of the premises that caused the violations pursuant to Section 110.17 of this,_ City's Code of
Ordinances.
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Ord No. 14.13
(B) For the purposes of this section; "offense" shall mean a finding of violation by the Code
Enforcement Board.
An offense shall be deemed to have occurred on the date the violation
occurred. An offense occurting twelve 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 this Chapter. Seetiaa
Chapter 37 or Seel o 9 nn of the City's Code of Ordinances, or by any other means available to the
City.
Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
Section 11. That this ordinance shall become effective upon its passage on second and final reading.
}} PASSED AND ADOPTED in regular session on second
ft LL UAt 32013.
ATTEST:
btf*i Clerk
I
First Reading 1 -d5- 13
Second Reading S'
and final reading on this the 0 day of
6�<At"'
MAYOR
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Ord No. 14 -13
Coversheet
TO
FROM
DATE
MEMORANDUM
MAN
Mayor and City Commissioners
Louie Chapman, Jr., City Manager
August 14, 2013
SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 20,201
ORDINANCE NO. 14 -13
ITEM BEFORE COMMISSION
Page I of I
This ordinance is before Commission for a public hearing to consider an amendment to
Section 99.02, "Definitions ", amending Section 99.03, "Loud and Unnecessary Noises
Prohibited ", amending Section 99.04, "Exemptions ", amending Section 99.05, "Temporary
Permits ", repealing Section 99.06, "Notice of Violation ", repealing Section 99.07, "Abatement
Orders ", and amending Section 99.08, "Penalty ".
BACKGROUND
At the first reading on July 25, 2013, the Commission passed Ordinance No. 14 -13.
In response to feedback from the first reading of the proposed section "99.08 Notice of
Violation /Penalty ", penalties for the third, fourth, fifth and more offenses to come before the
code board have been increased to $5,000.00, $10,000.00, and $15,000.00 respectively. In
addition, this section has been changed to allow business tax conditions to be imposed on the
third or more offenses to come before the code board within a year.
RECOMMENDATION
Recommend approval of Ordinance No. 14 -13 on second and final reading.
http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7055 &MeetingID =458 9/17/2013
ORDINANCE NO. 14 -13
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, BY
AMENDING SECTION 99.02, "DEFINITIONS" TO ADD THE
DEFINITION "AIRCRAFT" AND REMOVE DEFINITIONS
"COMMERCIAL AREA ", "INDUSTRIAL AREA" AND
"OFFENSE "; AMENDING SECTION 99.03, "LOUD AND
UNNECESSARY NOISES PROHIBITED" TO CLARIFY SAME,
TO AMEND DISTANCE AND TIME REQUIREMENTS, AND
TO ADD PROVISION FOR AIRCRAFT; AMENDING
SECTION 99.04 "EXEMPTIONS" TO CLARIFY SAME;
AMENDING SECTION 99.05 "TEMPORARY PERMITS" TO
CLARIFY SAME; REPEALING SECTION 99.06 "NOTICE OF
VIOLATION "; REPEALING SECTION 99.07 "ABATEMENT
ORDERS "; AND AMENDING SECTION 99.08 "PENALTY"
TO CLARIFY SAME AND TO ADD PENALTIES; AND
PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, excessive sound is a serious hazard to public health, welfare, safety and quality
of life; and,
WHEREAS, people have a right to and should be ensured an environment free from
unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade their
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, welfare or safety of its citizens or
degrade their quality of life; and,
WHEREAS, the City of Delray Beach has the authority to prohibit sounds that are
unreasonably loud, excessive, or unnecessary or plainly audible at a certain distance. ,See DA
Mortgage, Inc. v. City ofMiami Beach, 486 F.3d 1254, 1272 (11th Cir. 2007).
WHEREAS, the City Commission of the City of Delray Beach desires to protect residents
and visitors of the city from unreasonably loud and excessive sound at all times, and to provide
stricter enforcement standards after 11:00 p.m.: and,
WHEREAS, the City Commission of the City of Delray Beach desires to provide stricter
enforcement standards after midnight (12:00 a.m.) for noise emanating from businesses in the
downtown core.
WHEREAS, the City Commission of the City of Delray Beach desires to impose business
tax receipt conditions on business owners who are adjudicated guilt,: of five or more violations of
Chapter 99.
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:
Aircraft, An): self-propelled motor vehicle or contrivance now known or hereafter
invented, used or designed for navigation of or flight in the air, including but not limited to
powered paragliders.
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.
ORD. NO. 14 -13
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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) 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 or a law
enforcement officer 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:
ORD. NO. 14 -13
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 Unlawful. 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, 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) The operation of any such set, instrument, machine or device
between the hours of 11:00 pm and 7:00 a.m. in such a manner as to be
plainly audible at a distance of 100 feet from the boundaries of the property
surrounding the device or the building, structure, or vehicle in which the
device is located, except as set forth in Section 99.03"A (1)(a)(i), shall be
prima facie evidence of a violation of this section.
(i) For buildings or structures used for commercial purposes in the
shaded area designated in the map below, operation of any such set,
instrument, machine or device between the hours of 11:00 p.m. and
7:00 a.m. Sunday through Thursday and between the hours of
midnight (12:00 a.m.) and 7:00 a.m. on Friday and Saturday in such a
manner as to be plainly audible at a distance of 100 feet from the
boundaries of the property in which the device is located shall be
prima facie evidence of a violation of this section.
ORD. NO. 14 -13
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ii) The 100 -feet distance shall be measured in a straight line from any
point on the property line of the sound source as shown in the
accompan):ing illustration.
Sound Source
10W 1uu06°
Property Lime
N
ORD. NO. 14 -13
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(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.
(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.
(3) 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.
(4) 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 or vibration.
(a) The provisions of subsection (A) (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)(12)of this
Section.
(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.
(6) 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.
ORD. NO. 14 -13
(7) Stationag 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
measured at any point on neighboring property line.
(8) Vibration. Operating or permitting the operation of any device on a
property, including bass emanating from audio speakers, so as to produce vibration
that is unreasonable.
(9) Stationary Nonemergency Signaling Derices. 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.
(10) Emergency Signaling Derices.
(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) (10) (b) of this Section.
(b) (1) Testing of a stationary emergency signaling device 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 and five (5) minutes for
emergency generators.
(2) Testing of the complete emergency signaling 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 Kz,&- of -Vay. 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.
(12) Domestic Pourer Tools. Operating or permitting the operation of any
ORD. NO. 14 -13
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.
(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.
(14) 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.
(15) Weration of aircraft; mu ers. Operating an aircraft over the corporate
limits of the City p
y that is not equped with an adequate muffler ordinary for an): such
aircraft. Said muffler must be used in constant operation so as to prevent and
excessive or unnecessary noise.
Section 4. That Section 99.04 "Exemptions" of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.04. - EXEMPTIONS.
The provisions of this Chapter shall not apply to:
(A) Radios, sirens, horns and bells and other sounds created by police, fire and
other emergency response vehicles;
(B) Parades, fireworks displays, and other activities for which a permit has been
obtained from the City Manager or his /her designee pursuant to Section 99.05, within such
hours and in accordance with such restrictions as may be imposed as conditions for the
issuance of the permit; or
(C) The emission of sound in the performance of an activity for which, pursuant
to this Chapter, the City Manager has expressly given a ,
temporary permit
pursuant to Section 99.05.
(D) Noises resulting from emergency work, including but not limited to the use
of generators or other equipment by communications and public utility companies in
connection with a commercial power outage and /or restoration of service operations and
the use of emergency generators due to loss of power other than non - payment of utility
services. The testing of emergency generators shall not occur before 7:00 a.m. or after 7:00
p.m. and shall not occur more than once in each week.
Section 5. That Section 99.05 "Temporary Permits" of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
ORD. NO. 14 -13
Sec. 99.05. - TEMPORARY PERMITS.
(A) Requirements and procedures. The City Manager or his or her designee is
authorized to issue a temporary permit to allow noise when produced by a temporary use or
activity as provided in this section. The City Manager may prescribe any reasonable
conditions necessary to minimize any adverse effect upon the community. A permit granted
under this awe section shall contain all conditions upon which the permit has been
granted, including the decibel limit and the period of time for which the permit has been
granted. Such relief may be granted in the following situations:
(1) 34ecial events. When an applicant is appl, iinng for a Special Use
permit, a tempora!:� permit to allow noise ma,T� granted at the same time. A
special event is a non - routine happening or social activi , bringing people together in
a defined area on City facilities, right of wad, or private property which requires City
services to ensure safety and coordination. Special events include, but are not limited
to, activities such as festivals, concerts,, _sporting events, parades, walks and runs, etc.
(2) Temporary events. When an applicant plans to engage in tempora uses
or activities on private property which do not significantly endanger the health,
safety or welfare of the community, but which may be in technical violation of the
requirements of this Chapter, a temporary permit may be issued to permit noise
produced by the event. Temporary events include, but are not limited to, store
openings, outdoor markets, carnivals, etc.
(3�) Code compliance in progress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this Chapter, but additional time is required for
the applicant to modify his activity to comply and no reasonable alternative is
available to the applicant, such permits may be granted for a period of time not to
exceed ten (10) consecutive days.
(4-2) Construction. When construction activities pursuant to a valid building
permit cannot be carried out in a manner which would comply with Section 99.03,
notwithstanding that all equipment is operated in accordance with manufacturer's
specifications, is in good repair and utilizes all noise baffling methods as specified by
the manufacturer.
(a) The City Manager may authorize any necessary construction
activities to occur earlier and /or later than normally allowed
based upon a finding that:
1. There are no reasonable alternatives;
2. There are no prior code violation adjudications or
fines and no pending construction noise violation
cases against the property owner, contractor, or the
construction site; and
3. There is a significant community need, public purpose
or benefit.
ORD. NO. 14 -13
(b) The work authorized by the City Manager may be
conditioned upon reasonable notice to surrounding property
owners and tenants. Permits issued pursuant to such
authorization shall not exceed seven (7) consecutive days.
(c) Notwithstanding the provisions 4-2 (a) and (b), temporary
permits shall be subject to authorization by the building
official under emergency circumstances or when the building
official determines that for reasons of technical necessity
work earlier or later than the time frames normally allowed or
on any day (including Sundays or national holidays) is
required. The work authorized by the building official
pursuant to this subsection shall be conditioned upon
reasonable notice to surrounding property owners and
tenants.
(B) Violation of temporary permit. Failure to comply with any condition of a
temporary permit issued pursuant to this section shall constitute a violation and shall result
in enforcement procedures and penalties as set forth in Section 99.08.
(C) Revocation of temporary permits. Any temporary permit may be immediately
revoked if the City Manager finds that an emergency condition exists involving serious
danger to the public health, safety, or welfare; if the permit holder failed to disclose or
misrepresented material information in the permit application or in the permit application
process; or that there was a failure to comply with any condition of a particular temporary
permit.
(D) The issuance of a temporary permit is a privilege and does not constitute a
right or expectation that said permit will remain in effect. Any permits issued pursuant to
this section shall not constitute or be deemed precedent for the granting of any future
permits.
(E) Appeals. Appeals of the decision of the City Manager or his /her designee
shall be made to the City Commission by submitting the appeal in writing to the City Clerk
within ten (10) days of the denial. Decisions of the City Commission shall be final subject to
appeal of such decision within thirty (30) days to the Circuit Court of Palm Beach County.
Section 6. That Section 99.06 "Notice of Violation" of the Code of Ordinances of the
City of Delray Beach, Florida, shall be repealed it in its entirety:
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Section 7. That Section 99.07 "Abatement Orders" of the Code of Ordinances of the
City of Delray Beach, Florida, shall be repealed it in its entirety:
ORD. NO. 14 -13
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Section 8. 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. — NOTICE OF VIOLATION /PENALTY.
(A)
ftf4e.�A code enforcement officer or a law enforcement officer may issue a civil citation
for a violation of this Chapter pursuant to the procedures and amounts listed in Section
37.45 of this City 's Code of Ordinances. Each violation shall constitute a separate instance
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. A
violation shall be deemed to have occurred on the date that the noise incident occurred. A
violation occurring twelve (12) months after the last violation shall be treated as a first
violation for purposes of incurring new fines and penalties.
B) A code enforcement officer or law enforcement officer may issue a notice of
violation of this Chapter and initiate enforcement proceedings to be heard by the code
enforcement board pursuant to the procedures listed in Section 37.36 of this City 's Code of
Ordinances and in accordance with the amounts listed below:
(1) If the offense is the first offense to come before the code
enforcement board, a maximum fine of $250.00 may be imposed upon a finding of
guilt by the code enforcement board.
(2) If the offense is the second offense to come before the code
enforcement board within the preceding 12 months, a maximum fine of $500.00 mad
be imposed upon a finding of guilt by the code enforcement board.
(3) If the offense is the seee)ftd third offense to come before the code
enforcement board within the preceding 12 months, a maximum fine of $1000.00
5000.00 may be imposed upon a finding of guilt by the code enforcement board. In
addition. business tax receipt conditions may be imposed limiting the ability to
produce any live or amplified sound at that portion of the premises that caused the
violations pursuant to Section 110.17 of this City's Code of Ordinances.
ORD. NO. 14 -13
(43) If the offense is the thifd fourth offense to come before the code
enforcement board within the preceding 12 months, a maximum fine of $3000.00
$10,000.00 may be imposed upon a finding of guilt by the code enforcement board.
In addition, business tax receipt conditions may be imposed limiting the ability to
produce any live or amplified sound at that portion of the premises that caused the
violations pursuant to Section 110.17 of this City's Code of Ordinances.
(54) If the offense is more than the thifd fourth offense to come before
the code enforcement board within the preceding 12 months, a maximum fine of
$5000.00 $15,000.00 may be imposed upon a finding of guilt by the code
enforcement board. In addition, business tax receipt conditions may be imposed
limiting the ability to produce any live or amplified sound at that portion of the
premises that caused the violations pursuant to Section 110.17 of this City's Code of
Ordinances.
{ (6) For the purposes of this section, "offense" shall mean a finding of
violation by the Code Enforcement Board. ' - ' ' " ~ ~ —1 ° ~ ff ~
An
offense shall be deemed to have occurred on the date the violation occurred. An offense
occurring twelve 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 this Chapter,
Seel e 37 ^ 5Chapter 37 -e° �~ �� n�of the City's Code of Ordinances, or by any other
means available to the City.
Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 11. That this ordinance shall become effective upon its passage on second and
final reading.
ORD. NO. 14 -13
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of 12013.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
ORD. NO. 14 -13
FRIDAY, AUGUST 9, 2013 1 (561) 820 -4343
CITY OF DELRAY REACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinances
at 7:00 p.m. on TUESDAY, AUGUST
20, 2013 (or at any continuation of
such meeting which is set, by the -
Commission), in the Commission
Chambers, 100 N.W. 1st Avenue,
Delray Beach, Florida at which time
the City Commission will consider
their 'adoption. The proposed
ordinances may be inspected at the
Office of the.City Clerk at City Hall,
100 N.W, 14t Avenue; Delray Reach,
Florida, between 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. Interested parties are invited
to attend and be heard with respectto
the proposed ordinances.
ORDINANCE NO 12 -13
AN - ORDINANCE F THE CITY
CGMM15510N OF THE ITY OF DELRAY
BEACH, FLORIDA, A ENDING THE
LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9 "OFF -
STREET PARKING REGULATION ",
SUBSECTION (D), "DESIGN
STANDARDS ",. SUBSECTION (3),
"POINT OF ACCESS TO THE STREET
SYSTEM" TO REDUCE THE STACKING
DISTANCE FOR PARKING LOTS WITH
TWO OR MORE ACCESS POINTS;
PROVIDING A SAVING CLAUSE, A.
GENERALR):PEALER CLAU5E,:AND AN
EFFECTIVE DATE.
ORDINANCE NO. 13 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT; REGULATIONS
OF THE CODE OF :ORDINANCES,
BY AMENDING SECTION 2.4.3
"SUBMISSION REQUIREMENTS ",
SUBSECTION (D) -PRELIMINARY
ENGINEERING PLANS AND
SUBSECTION (F) -FINAL ENGINEERING
PLANS" 'TO PROVIDE FOR BUS
SHELTERS; ENACTING ANEW SECTION
6.1.14 "TRANSIT" TO. PROVIDE
CRITERIA ASSOCIATED WITH TRANSIT
STOPS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE. .
ORDINANCE NO'. 14 -13
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,
4Y AMENDING SECTION 99.02,
"'DEFINITIONS" TO ADD' ,THE
DEFINITION "AIRCRAFT" AND
REMOVE DEFINITIONS "COMMERCIAL
AREA ", "INDUSTRIAL AREA" AND
"OFFENSE "; AMENDING SECTION
99.03, "LOUD AND UNNECESSARY
NOISES PROHIBITED" TO CLARIFY
SAME, TO AMEND DISTANCE
AND TIME REQUiREME`NTS,
AND TO ADD PROVISION FOR
AIRCRAFT, AMENDING SECTION
99.04 "EXEMPTIONS" TO CLARIFY
SAME; AMENDING SECTION 99.05
"TEMPORARY PERMITS" TO CLARIFY -
SAME; REPEALING SECTION 99.0'6
"NOTICE OF VIOLATION"; REPEALING .
SECTION 99.07 "ABATEMENT
ORDERS "; AND AMENDING SECTION
99.08 "PENALTY" TO CLARIFY SAME
AND TO ADD PENALTIES; AND
PROVIDING A'SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 15 -73
AN ORDINANCE OF THE CITY
COMMISSION OF THE- CITYOF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 101, ,MUNICIPAL PARKS,
BEACHES AND OTHER RECREATIONAL
SITES ", SECTION 101.24, "TRAFFIC
REGULATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, TO INCREASE
THE ALTITUDE RESTRICTIONS FOR
CERTAIN AIRCRAFT FLYING OVER THE
CITY- PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 16 -13
AN - ORDINANCE OF THE CITY
COMMf5SJON OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 116, .-LOCAL BUSINESS
TAXES. GENERALLY" OF THE CODE OF
ORDINANCES OFTHE CITYOF DELRAY
BEACH, FLORIDA, BY ENACTING
SECTION 110.17 "CONDITIONS;
NOTIFICATION; HEARING" TO ALLOW
THE' CITY TO IMPOSE CONDITIONS
ON A BUSINESS TAX - RECEIPT FOR
REPEATED NOISE VIOLATIONS;
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE,
Please. be advised that if a person
decides to appeal any decision made
by the City Commission with respect to
any matter considered at this hearing,
such person may need to ensure
that a.- verbatim record includes the
testimony and, evldence upon which
the appeal is to'be based. The City
does -not provide nor prepare such
record pursuant to F,5. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk
PUR: The Palm Beach Post
6- 912013 4109283