25-81 ORDINANCE NO. 25-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLA-
NEOUS", ARTICLE II "NOISE CONTROL", OF THE-CODE OF ORDI-
NANCES OF THE CITY OF DELRA~ BEACH, FLORIDA, BY AMENDING
SECTION 16-35(B)(1)(a) TO ADD A PROVISION PROHIBITING
RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND SIMILAR
DEVICES TO BE OPERATED OR PLAYED IN SUCH A MANNER AS TO
CREATE OR PERMIT ANY NOISE OF SUCH A CHARACTER, INTENSITY
OR DURATION AS TO BE DETRIMENTAL TO THE LIFE, HEALTH OR
WELFARE OF ANY INDIVIDUAL OF ORDINARY HABITS AND SENSI-
TIVITIES OR WHICH EITHER STEADILY OR INTERMITENTLY DIS-
TURBS, INJURES OR ENDANGERS THE COMFORT, REPOSE, PEACE OR
SAFETY OF ANY INDIVIDUAL OF ORDINARY HABITS AND SENSITI-
VITIES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida,
desires to ~mend the City's Noise Control ordinances in order to assure
that ordinary people will not be injured or disturbed by certain types of
sounds/noise; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
desires that all persons shall be safe from certain sounds which disturb,
injure or endanger their comfort, safety, repose and peace.; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
wishes to add certain provisions to the City's Noise Control Ordinance in
order to effectively .prohibit unreasonable interference with the enjoyment
of life or the lawful activities of persons of ordinary habits and sensi-
tivities,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 16-35(B)(1)(a) of the Code of. Ordinances
of the City of Delray Beach, Florida, is hereby amended to read as fol-
lows:
(a) In such a manner as to create or permit any noise or
noise disturbance which is of such a' character, inten-
sity or duration as to be detrimental to the life,
health or welfare of any individual of ordinary habits
and sensitivites or which either steadily or inter-
mitentI¥ disturbs, in~ures or endangers the comfort,
repose, peace or safety of any individual of ordinary
habits and sensitivities.; or to create a noise dis-
turbance within a noise sensitive zoneI or at any time
which violates the provisions of Section 16-.36 (except
for activities open to the public and for which a
permit has been issued by the City of Delray Beach
according to. criteria set forth in Section 16-35(D)).
Section 2. That should any section or provision of this ordi-
nance 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 3. That this ordinance shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 12th day of May , 1981.
LEON M. WEEK, S
ATTEST:
First Reading April 28t 1981
Second Reading May 12, 1981
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