Ord 16-13ORDINANCE 16 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110,
"LOCAL BUSINESS TAXES GENERALLY ", OF THE CODE OF
ORDINANCES OF THE CITY OF 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.
WHEREAS, the City has determined that excessive sound is a serious hazard to public health,
welfare, safety and the duality 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 Commission wishes to impose conditions on business tax receipts that limit
live music or amplified sound on business owners that are repeatedly found guilty of violating the City's
noise ordinance 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 Chapter 110 "Local Business Taxes Generally" shall be amended by enacting
Section 110.17 "Conditions; Notification; Heating", as follows:
Sec. 110.17 -- Conditions; Notification; Hearing
In the event that the business tax receipt taxee or his or her agent has been found g ALy by the
code enforcement board of three or more violations of Chapter 99 of this City's Code_ of Ordinances
within the preceditig 12 months the City Manager or his or her desippee.may impose conditions on the
business tax recd pt that limit the business'abilty to 12toduce Any live or am lified sound on that part of
the premises that caused the violations pursuant to Section 99.08 of this City's Code of Ordinances.
Upon notice that the taxee or his or her agent has been found guilty of three or more violations of
Chapter 99 as above, the City may initiate the following- procedure.
al The City shall issue an order in writingto_the taxee, _by certified mail or hand delivery notifying
him to apneas at an administrative hearing before_ the C4 Manager or his designee to be held at a time
and glace to be fixed on such an order, which date shall be not less than ten (10) days after service
thereof.
bi The City Manager or his designee shall conduct the hearing at the time and place specified in
the notice and make a determination pettammg to the disposition of the business tax receipt in question.
The proceedings shall be informal but shall afford the taxee the right to testify in his own defense, present
witnesses, be represented by legal counsel, submit relevant evidence, cross examine witnesses and object
to evidence.
(c The proceedings shall be recorded and minutes kept by the City. Any taxee requiring verbatim
minutes for judicial review may mane for the services of a court reporter at his own ex ease.
(d� Within ten days of the close of the hearing, the City Manager or his designee shall render hi s
decision in writing determining whether or not conditions shall be imposed on the tax receipt and stating
his reasons and findings of fact.
The City Manager or his or her designee shall file his findings with the ,city clerk and shall send
a true and correct copy of his order by certified mail — return receipt requested, or by hand delivery, to the
business address listed on the business tax receipt or to any such other address as the taxee or applicant
shall designate in writing,
(fl The findings of the City Manager or his designee shall constitute the final administrative, action
of the City for the bumoses of judicial review under- state law.
Section 3. 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 4. That all. ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section S. That this ordinance shall become effective upon its passage on second and final
reading.
z
ORD, NO. 16 -13
PASSED AND ADOPTED in regular session on second and final reading on this the
day of _ V. L t3- 2013.
ATTES
"'pt City Clerk
� r
First Reading
Second Reading 0 ` 0-�L) 13
3
ORD. NO. 16 -13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Janice Rustin, Assistant City Attorney
THROUGH: R. Brian Shutt, City Attorney
DATE: July 18, 2013
SUBJECT: AGENDA ITEM 11.D. -REGULAR COMMISSION MEETING OF JULY 25, 2013
ORDINANCE NO. 16 -13
ITEM BEFORE COMMISSION
Page 1 of 1
The attached Ordinance 16 -13 is amending Chapter 110 "Local Business Taxes Generally" by enacting
Section 110.17 "Conditions; Notification; Hearing ".
BACKGROUND
This ordinance is before Commission for approval to enact Section 110.17 "Conditions; Notification;
Hearing" to allow the City to impose conditions on a business tax receipt for repeated noise violations
to comport with changes to Chapter 99 "Noise Control" as described in proposed Ordinance 14 -13. The
Section provides for a notice requirement and a procedure for a hearing before the City Manager, with
the City Manager's decision to impose conditions to be the final administrative action of the City.
RECOMMENDATION
The City Attorney's office recommends City Commission approval.
http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID =6981 &MeetingID =484 8/14/2013
ORDINANCE 16 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110,
"LOCAL BUSINESS TAXES GENERALLY ", OF THE CODE OF
ORDINANCES OF THE CITY OF 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.
WHEREAS, the City has determined that excessive sound is a serious hazard to public health,
welfare, safety and the 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 Commission wishes to impose conditions on business tax receipts that limit
live music or amplified sound on business owners that are repeatedly found guilty of violating the City's
noise ordinance 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 Chapter 110 "Local Business Taxes Generally" shall be amended by enacting
Section 110.17 "Conditions; Notification; Hearing ", as follows:
Sec. 110.17 — Conditions, Notification; Hearing
In the event that the business tax receipt taxee or his or her agent has been found guilt,L,T the
code enforcement board of three or more violations of Chapter 99 of this City's Code of Ordinances
within the preceding 12 months, the Ci , Manager or his or her designee ma,: impose conditions on the
business tax receipt that limit the business' abilit,T� produce any live or amplified sound on that part of
the premises that caused the violations pursuant to Section 99.08 of this Citv's Code of Ordinances.
Upon notice that the taxee or his or her agent has been found guilty of three or more violations of
Chapter 99 as above, the Ci , may initiate the following procedure:
ai The City shall issue an order in writing to the taxee, by certified mail or hand deliver, notif i
him to appear at an administrative hearing before the Ci , Manager or his designee to be held at a time
and place to be fixed on such an order, which date shall be not less than ten (10) days after service
thereof.
b The Ci , Manager or his designee shall conduct the hearing at the time and place specified in
the notice and make .a determination pertaining to the disposition of the business tax receipt in question.
The proceedings shall be informal but shall afford the taxee the right to testify in his own defense, present
witnesses, be represented by legal counsel, submit relevant evidence, cross examine witnesses and obect
to evidence.
(c) The proceedings shall be recorded and minutes kept by the City. Any taxee requiring verbatim
minutes for judicial review may arrange for the services of a court reporter at his own expense.
(d) Within ten days of the close of the hearing, the Ci , Manager or his designee shall render his
decision in writing determining whether or not conditions shall be imposed on the tax receipt and stating
his reasons and findings of fact.
(e) The Ci Manager or his or her designee shall file his findings with the city clerk and shall send
a true and correct copy of his order by certified mail, return receipt requested, or by hand deliver, to the
business address listed on the business tax receipt or to any such other address as the taxee or applicant
shall designate in writing,
(fl The findings of the Ci , Manager or his designee shall constitute the final administrative action
of the City for the purposes of judicial review under state law.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
Section 5. That this ordinance shall become effective upon its passage on second and final
reading.
2
ORD. NO. 16 -13
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2013.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 16 -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