39-81 ORDINANCE NO. 3%81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 16 "OFFENSES-MISCELLA-
NEOUS'', ARTICLE II "NOISE, CONTROL", SECTION 16-35 "NOISES PRO-
HIBITED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA BY AMENDING SECTION 16-35(b)(1) TO PROVIDE THAT
T/1TH RESPECT TO THE OUTDOOR PLAYING OF A PHONOGRAPH,
DRUM, MUSICAL INSTRUMENT, 5OUND AMPLIFIER, OR SIMILAR
DEVICE, THE PROVISIONS OF NET/ SUBSECTION 16-35(b)(19) 5HALL
APPLY; AMENDING SECTION 16-35(b)(2) TO PROVIDE THAT IT5 TERMS
DO NOT EXTEND TO USES COVERED BY NET/ SECTION 16-3§(b)(19);
ENACTING SECTION 16-35(b)(19) TO PROHIBIT THE OUTDOOR PLAYING
OF MUSICAL INSTRUMENTS, DRUMS, PHONOGRAPHS, SOUND AMPLI-
FIERS, AND SIMILAR DEVICES; PROVIDING A SAVING CLAUSE; PROVID-
ING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That Chapter 16 "Offenses - Miscellaneous", Article II "Noise Con:roi", of :he
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section 16-
3§(b)(l) to read as follows:
(1) Radios, television sets, musical instruments and similar de~ices. Operating,
playing or permitting the operation or playing of any radio, television, phonograph,
· drum, musical instrument, sound amplifier, or similar device which produces,
reproduces or amplifies sound:
a. in such a manner as to create or permit· any noise or noise
dis'eurbance which is of such a character, intensi~y 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-
mitently disturbs, injures or endangers the comfort, repose, peace or
safety of any individual of ordinary habits and sensitivities; or to
create a noise disturbance within a noise sensitive zone; 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).)
b. This section shall not apply to non-commercial spoken language
covered under subsection 16-35(b)(2), below.
c..: With respect to the outdoor playing of a phonograph, drum~ musical
instrument~ sound amplifier~ or similar device~ ..the provisions of
subsection 16-35(b)(i9) shall apply.
Section 2. That Chapter 16 "Offenses - Miscellaneous", Article II "Noise Control", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Section
35(b)(2) 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
provisions of section 16-36.
Section 3. That Chapter 16 "Offenses - Miscellaneous", Article II "Noise Control", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Section 16-
35(b)(19) to read as follows:
(19) Outdoor playing of musical instruments, phonographs, and similar devices. Operat-
ing, playing, or permitting the operation or playing outdoors of any musical
instrument, drum, phonograph, sound amplifier, or similar device which produces,
reproduces, or amplifies musical sound. Such operation or playing shall be deemed
to be outdoors if the musical instrument or source of amplification is not located
within a building or other structure which is fully enclosed by walls and a roof.
This section shall not apply to activities open to the public for which a permit has
been issued by the City according to criteria set forth in subsection 16-35(d). In
addition, this subsection shall not apply to noncommercial spoken language covered
under subsection 16-35(B)(2) above.
Section ~. That should any section or provision of this ordinance or any potion thereof,
any paragraph, sentence, or work 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 5. That this ordinance shall become effective ten days after passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 9th
day of June . ., 1981.
LEON M. WEEKES
ATTEST:
First Reading May 26, 1981
Second Reading June 9, 1981
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