Ord 30-13ORDINANCE NO. 30 -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 99.03, "LOUD AND UNNECESSARY
NOISES PROHIBITED ", TO AMEND ALLOWABLE TIMES
FOR DEVICES AND CONSTRUCTION NOISE; 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, Section 4.43(l)(1) of the Land Development Regulations for the City of
Delray Beach sets forth the restrictions for work hours and building material deliveries for
construction sites in Single Family Residential Districts.
WHEREAS, the City Commission desires to have construction in all districts of the City
conform with these conditions to ensure that residents are protected from construction noise
emanating from adjacent districts.
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 ate incorporated herein.
Section 2. 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 mare, continue or cause to be made or
continued any unreasonably loud, excessive, or unnecessary noise, which shall apblv_in_aIl
areas of the ci twen -foot hours a day, seven days a week exce t asspecified otherwise
(A) Cerlain Acts Declared Unla)zyW.. The following acts, and the causing thereof,
among others, are declared to be unreasonably loud, excessive, or unnecessary noises and in
violation of this Chapten. This enumeration does not constitute an exclusive list.
(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 of 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 1 :x"9 -p:m. 12:01
a.m. and 7:00 a.m. S Monday -through Thtws Fri�and
between the hours of 1:00 a.m. and 7:00 a-m. on Saturday and
Sunday 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.
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Ord No. 30 -13
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Ord No. 30 -13
(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 -76:00 p.m, on weekdays, and between
$:00 a.m. and 4:00 p.m. on Saturdayss 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
p &m-iit 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) Tlehicle 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) Saatoonarg 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 (dBEA]) when
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Ord No. 30 -13
(8) Tlibration. 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 Noszemergeneg Signaling Dearicee: 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 conjimcdon with places of
religious worship shall be exempt from the operation of this provision.
(10) 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) (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 minimui n. cycle test time. In no case shall the test
time exceed sixty (60) seconds and five (5) min-ates 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 Right - of -IWay. 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, gl n.der, lawn or garden tool, or
similar device used iii residential areas between the hours of 8 p.m and 7 a.m.
(13) Schools, Courts, Hospitals. The creation of any excessive or
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Ord No. 30 -13
School, institution of leaning,
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 of aircraft; mufflers. 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.
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.
PASSED AND ADOPTED in regular session on
day of 0 0 Of A bCA , 2013.
TIES (�. Tom\
City Clerk
First Reading A L)V-W b4LA �3�9-a 13
Second Reading n we.ta b-u l Qom`, go 13
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second and a re g n this the
AYOR
Ord No. 30 -13
FRIDAY, NOVEMBER 8, 2013 1 (561) 820 -4343 THE PALM BEACH POST REAL NEWS STARTS HERE I PALMBEACHPOSTCOM E7
^.ITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinances
on TUESDAY, NOVEMBER 19, 2013
at 7:00 p.m. 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:.1st Avenue, Delray Beach,
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 respect to
the proposed ordinances.
ORDINANCE NO. 28 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY '
BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED
RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT 1N PART AND GC (GENERAL
COMMERCIAL) IN PART TO RM
(MEDIUM DENSITY RESIDENTIAL);
SAID LAND BEING A PARCEL LOCATED
EAST OF SOUTH FEDERAL HIGHWAY,
BETWEEN TROPIC ISLE DRIVE AND
BOSUN WAY AND KNOWN AS
PELICAN POINTE CONDOMINIUM,
AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "20NING MAP OF
DELRAY BEACH, FLORIDA, JANUARY
2012 "; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE,
AND ANEFFECTI V E DATE.
ORDINANCE NO. 29 -13
AN ORDINANCE OF THE CITY
COTMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING
CHAPTER 36, "FINANCE; ' CITY
PROPERTY TRANSACTIONS ", AND
ENACTING A NEW CHAPTER 36,
"ACQUISITION OF GOODS AND
SERVICES AND DISPOSAL OF CITY
PROPERTY,,; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 30'13
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 99.03,
"LOUD AND UNNECESSARY
NOI.SE5 PROHIBITED ", TO AMEND
ALLOWABLE TIMES FOR DEVICES
AND CONSTRUCTION NOISE; AND
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 evidence upon which
the appeal is to be based. The City
does not Provide nor prepare such
record pursuantto FS. 286.0105.
CITY OF DELRAY BEACH
Cheve4e D, Ndbin, MMC City Clerk
PUB: The Palm Reach Post
11- 5!2013 #951242