15-85 ORDINANCE NO. 15-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16,
"OFFENSES-MISCELLANEOUS", ARTICLE II, "NOISE
CONTROL", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 16-35, "NOISES PROHIBITED", SUBSECTION
(4), "ANIMALS AND BIRDS", TO EXPAND THE PROHIBI-
TION OF ANIMALS OR BIRDS WHICH DESTROY OR
DAMAGE PROPERTY, AND ANIMALS OR BIRDS WHICH
FOR A FREQUENT OR CONTINUED DURATION MAKE
NOISE WHICH IS OF A CHARACTER, INTENSITY OR
DURATION AS TO BE DETRIMENTAL TO THE LIFE,
HEALTH OR WELFARE OF INDIVIDUALS OF ORDINARY
HABITS AND SENSITIVITIES; PROVIDING A GENERAL
REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida
deems it to be in the best interests of the residents and citizens of the City
of Delray Beach, Florida and in order to protect the health, safety and
welfare of such citizens wish to expand the restrictions on noises from animals
and birds to include prohibition of animals or birds which destroy or damage
property, and animals or birds which for a frequent or continued duration
make noise which is of a character, intensity or duration as to be detrimental
to the life, health or welfare of individuals of ordinary habits or sensitivities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 16-35, "Noises prohibited", Subsection (4),
"Animals and birds" be, and the same is hereby amended to read as follows:
(4) Animals and birds. Owning, possessing or harboring any animal or bird
which .destroys or damages any property of another person or which
frequently or for continued duration, howls, whines, barks, meows,
squawks, or makes other sounds which are of s~{ch a character, inten-
sity or duration as to be detrimental to the life, health or welfare of any
individ{~al of ordinary habits and sensitivities or which ~ither steadily- or
intermittently disturbs, injures, or endangers the comfort, repose, peace
6r safet~r Of 'an~ individual of ordinary habits or sensitivitie~s; or which
create a noise disturbance within a noise sensitive zone, or af any time
which violates the provisions of section 16-36. This provision shall not
apply to public zoos.
Section 2. That all ordinances or parts of ordinances which are in
conflict herewith are hereby repealed.
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 this ordinance shall become effective ten (10) days
after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 29/:h dab, of January , 1985.
ATTEST:
First Reading January 15, 1985
Second Reading, January 29~ 1985
2 ORD. NO. 15-85