Ord 67-06
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ORDINANCE NO. 67-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING SECTION 99.04, "LOUD AND
UNNECESSARY NOISES AND ENUMERATED; EXEMPTIONS",
SUBSECTION 99.04(A)(6), "CONSTRUCTION"; TO CLARIFY THE
TIMES THAT THIS SUBSECTION APPLIES IN SINGLE FAMILY
ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has determined that it is in
the best interest of the City to clarify the times that construction noise will be permitted in single
family zoning districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 99.04, "Loud and Unnecessary Noises and Enumerated;
Exemptions", Subsection 99.04(A)(6), "Construction", of the Code of Ordinances of the City of
Dekay Beach, Florida, be and the same is hereby amended to read as follows:
(6) Construction. Operating or permitting the operation of any tools or equipment used in
construction, drilling or demolition work such that the sound there from creates a noise disturbance
within a noise-sensitive zone or which violates the provisions of Section 99.05.
(a) The provisions of subsection (A) (6) (a) 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, provided. however: if
work. that requires a permit. is occurring in a single family zoning district. as set forth in Land
Development Regulation Section 4.4.3(A). work shall be limited between the hours of 7:00 a.m. and
6:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturday. This ordinance shall not
fief 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) (6) (a) of this
Section shall also not apply to emergency work for public utilities or where a special variance has
been issued pursuant to Sections 99.06 and 99.30.
(b) This Section shall not apply to the use of domestic power tools subject to subsection (A)(16) of
this Section.
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
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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 immediately upon its passage on
second and final reading.
;)\~ P ASSEP, AND ApOPTED in regular session on second and final reading on this the
_ day of ~bn ,200.4-.
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ATTEST
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City Clerk
First Reading \~~\~
Second Reading \\~~~
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ORD NO. 67-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITYMANAGER~
AGENDA ITEM # lO.t- REGULAR MEETING OF NOVEMBER 21,2006
ORDINANCE NO. 67-06 (AMENDING SEctION 99.04)
SUBJECT:
DAlE:
NOVEMBER 17, 2006
1bis ordinance is before Commission for second reading to amend Section 99.04, ''Loud and
Unnecessary Noises and Enumerated; Exemptions", Subsection 99.04(A)(6), "Construction" of the
Code of Ordinances to clarify the time that this subsection applies in Single Family Zoning Districts.
At the first reading on November 7, 2006, the Commission passed Ordinance No. 67-06.
Recommend approval of Ordinance No. 67-06 on second and final reading.
s:\city Oerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 67.{)6 Amend Sec,99.04A6 Loud and Unnecessary Noises 2nd reading 1 t.2t.06.doc
[IT' DF DELIAY IEA[H
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CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755
DELRAY BEACH
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Ail-America City
, IIII!DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
October 26, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Clarification of the Noise Ordinance Application ReQardino
Construction in Sino Ie Familv Zonino Districts
The attached ordinance clarifies the time period that the City's construction noise
ordinance may apply to single family zoning districts.
On July 11, 2006 the Commission adopted Ordinance 30-06 that provided for
certain restrictions on construction activities taking place in single family zoning
districts. One of the restrictions limited construction work, requiring a permit, to
the hours of 7:00 a.m. to 6:00 p.m. Monday thru Friday and 8:00 a.m. to 4:00 p.m.
on Saturday.
The attached ordinance provides that the exemption in the noise ordinance
regarding construction activity, for single family districts, will mirror the same time
periods as set forth in Ordinance 30-06.
Our office requests that this item be placed on the November 7, 2006 Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Lula Butler, Community Improvement Director
IZ.:D
ORDINANCE NO. 67-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES, BY AMENDING SECTION 99.04, "LOUD AND,
UNNECESSARY NOISES AND ENUMERATED; EXEMPTIONS",
SUBSECTION 99.04(A)(6), "CONSTRUCTION"; TO CLARIFY THE
TIMES THAT THIS SUBSECTION APPLIES IN SINGLE F AMIL Y
ZONING DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has determined that it is in
the best interest of the City to clarify the times that construction noise will be permitted in single
family zoning districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 99.04, "Loud and Unnecessary Noises and Enumerated;
Exemptions", Subsection 99.04(A)(6), "Construction", of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(6) Construction. Operating or permitting the operation of any tools or equipment used in construction,
drilling or demolition work such that the sound there from creates a noise disturbance within a noise-
sensitive zone or which violates the provisions of Section 99.05.
(a) The provisions of subsection (A)(6)(a) 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, provided. however; if work.
that requires a permit. is occurring in a single family zoning district. as set forth in Land Development
Regulation Section 4.4.3(A). work shall be limited between the hours of 7:00 a.m. and 6:00 p.m. Monday
through. Friday and 8:00 a.m. to 4:00 p.m. on Saturday. This ordinance shall not ftef 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)(6)(a) of this Section shall also not apply to
emergency work for public utilities or where a special variance has been issued pursuant to Sections 99.06
and 99.30.
(b) This Section shall not apply to the use of domestic power tools subject to subsection (A)(16) of this
Section.
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 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 immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_dayof ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
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..NNOUHGEMENT$
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CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinances at
7:00 p,m, on TUESDAY, NOVEMBER
21, 2006 or at any continuation of
such meeting which is set by the
Commission). in the City Commission
Chambers, 100 N,W, 1st Avenue, Del-
ray Beach, Florida. at which time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Cltice of the
City Clerk at City Hall, 100 N,W, 1st
Avenus, Delray Beach, Florida. be.
tween lhs hourI of 8:00 a,m and 5:00
p,m" Monday through Friday, except
holidays. All interested parties are in-
vited to attend and be heard with reo
specllO the proposed onlinances, '
ORDINANCE NO. 62-06
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING
SECTION 97, to, CITRUS CANKER
CONTROL PROCEDURES' OF THE
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA:
PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND
AN EFFECTIVE DATE,
ORDINANCE NO, ~
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 110, 'OCCUPATIONAL LI-
CENSES GENERALLY', IN ORDER
TO UPDATE THE ORDINANCE TO
RE-NAME 'OCCUPATIONAL LI-
CENSES', 'LOCAL BUSINESS TAX
RECEIPTS', IN ACCORDANCE WITH
RECENT STATE LAW CHANGES;
PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND
AN EFFECTIVE DATE
ORDtNANCE NO. 64-06
AN ORDINANCE. OF THE CITY COM-
htI!lSllilM"O!j}iHE OIT,Y ,OF, DELRAY
Ilf'ACH: fluttl[1A: AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI-
NANCES, 'BY AMENDING SECTION
0,4(H)(6), 'SPECIAL SETBACKS',
SUBSECTION 4,3A(H)(6)(A),
'SPECIAL BUILDING SETBACKS',
TO ELIMINATE THE 64' BUILDING
SETBACK FROM SWINTON AVE-
NUE EAST TO NE 6TH AVENUE
FOR LAKE IDA ROAD; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVEDATE
ORDINANCE NO, 67-06
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY
AMENDING SECTION 99,04, 'LOUD
AND UNNECESSARY NOISES AND
ENUMERATED; EXEMPTIONS',
SUBSECTION 99,04(A)(6),
'CONSTRUCTION"; TO CLARIFY
THE TIMES THAT THIS SUBSEC-
TION APPLIES IN SINGLE FAMILY
ZONING DISTRICTS; PROVIDING A
SAVING CLAUSE, A GENERAL RE-
PEALER CLAUSE, AND AN EFFEC-
TIVE DATE
Please be advised thai if a person de.
cides 10 appeal any decision made by
the City COmmission with respect to
any maUer considered al these hear-
Ings. such person may need to ensure
that a verbatim record includes Ihe
testimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepare such
lOCOI1l, Pursuant 10 F,S, 26/iOl11!i
CITY OF ~LRAY BEACH
C_ 0, Nubil, CMC
CilyClerk
Plblish: Fliday, November 10, 2006
Boca RatonllJelray Beach News
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