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37-87 ORDINANCE NO. 37-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16,."OFFENSES - MISCELLANEOUS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-35 "NOISES PROHIBITED" (b)(2) BY ADDING A PROHIBITION AGAINST THE USE OF LOUDSPEAKERS/PUBLIC ADDRESS SYSTEMS WITHIN ALL COMMERCIAL ZONING DISTRICTS AND PROVIDING AN EXCEPTION FOR TWO-WAY COMMUNICATION SYSTEMS AT DRIVE-IN FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 16, "Offenses - Miscellaneous", Section 16-35 "Noises Prohibited", (b)(2) of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (2) Loudspeakers/public address systems. Using or operation for any purpose, other than for a purpose covered under subsection 16-35(b)(19) below, any loudspeaker, public address system, or similar device such that the sound therefrom creates a noise disturbance within a noise sensitive zone, or at any time which violates the provision of section 16-367, or when located out of doors on any real property in all commercial zoning districts of the City (excepting two-way communication systems at drive-in facilities). Section 2. 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 declar=d t~ be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading, and shall be applicable to all existing and future properties, uses, and systems on October 1, 1987. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of April , 1987. MAYOR ATTEST: First Reading March 24, 1987 Second Reading April 14, 1987