19-73 ORDINANCE NO. 19-73
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRA¥ BEACH, FLORIDA, AMENDING SECTION 17-20
"LOUD AND UNNECESSARY NOISES -- ACTS DECLARED
LOUD AND UNNECESSARY" OF CHAPTER 17 "OFFENSES"
OF THE CITY'S CODE OF ORDINANCES; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING
A PENALTY CLAUSE.
WHEREAS, the City Administration has recommended that Subsection
17-20 be updated; and
WHEREAS, the City Council of the City of Delray Beach, Florida has
determined that such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 17 "Offenses" of the Code of the City of
Delray Beach, Florida, as amended, be further amended by amending Sec-
tion 17-20 "Loud and Unnecessary Noises -- Acts declared loud and
unnecessary" to read as follows:
"Section 17-20 Loud and raucous noise prohibited; emergency
permit.
(a) No person shall make, continue or cause to be made or
continued any loud, raucous, improper, unreasonable, offensive or
unusual noise which disturbs, injures or endangers the comfort, repose,
health, peace or safety of others within the limits of the City.
(b) The following acts, among others, are declared to be
loud, raucous or disturbing noises in violation of this Section, but
such enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn or signaling device on
any automobile, motorcycle, or other vehicle on any street or public
place except as a danger warning; the creation by means of any such
signaling device of any unreasonably loud and raucous sound; and the
sounding of any such device for an unreasonable period of time. The use
of any signaling device except one operated by hand or electricity; the
use of any horn, whistle or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason
held up.
(2) The using, operating, or permitting to be played,
used, or operated any radio receiving set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighbor-
ing inhabitants or at any time with louder volume than is necessary
for convenient hearing for the person who is in the room, vehicle or
chamber in which such machine or device is operated and who is a
voluntary listener. The operation of any such set, instrument, phono-
graph, machine or device particularly 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
fifty (50) feet from the building, structure or vehicle in which it is
located shall be prima facie evidence of a violation of this Section.
(3) The using, operating or permitting to be played,
used or operated of any radio receiving set, musical instrument, phono-
graph, loudspeaker, sound amplifier, or other machine or device for the
producing or reproducing of sound which is cast upon the public streets
for the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
(4) Yelling, shouting, hooting, whistling, or singing
on all public property, particularly between the hours of 11:00 P.M.
and 7:00 A.M. or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any person in the vicinity.
(5) The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose
of any person in the vicinity.
(6) The blowing of any locomotive steam whistle or
steam whistle attached to any stationary boiler, except to give notice
of the time to begin or stop work or as a warning of fire or danger,
or upon request of proper City authorities.
(7) The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine, motor boat,
or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(8) The use of any automobile, motorcycle, or vehicle
so out of repair, so loaded or in such manner as to create loud and
unnecessary grating, grinding, rattling or other noise.
(9) The creation of a loud and excessive noise in
connection with loading and unloading any vehicle or the opening and
destruction of bales, boxes, crates, and containers.
(10) The erection (including excavating), demolition,
alteration or repair of any building, other than between the hours of
8:00 A.M. and 5:00 P.M. on weekdays including Saturday, except in case
of urgent necessity in the interest of public health and safety, and
then only with a permit from the Building Inspector. The permit may be
granted for a period not to exceed three (3) days or less while the
emergency continues. If the Building Inspector shall determine that
the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation of
streets and highways within the hours of 5:00 P.M. and 8:00 A.M., and
further determine that loss or inconvenience would result to any party
in interest, he may grant permission for such work to be done within
the hours of 5:00 P.M. and 8:00 A.M., upon application being made at the
time the permit for the work is awarded or during the progress of the
work except that the owner or lessee of a single family residence,
when a city license is not required, may work on his property during
the hours of 8:00 A.M. to 8:00 P.M. on Monday through Saturday.
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Ord. No. 19-73.
(11) The creation of any loud and raucous noise on any
street adjacent to any school, institution of learning, church or
court while the same are in use, or adjacent to any hospital, which
unreasonably interferes with the workings of such institution, or which
unduly disturbs patients in the hospital, provided conspicuous signs
are displayed in such streets indicating that the same is a school,
hospital or court street.
(12) The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
(13) The use of any drum or other instrument or device
for the purpose of attracting attention by creation of noise to any
performance, show or sale.
(14) The transportation of rails, pillars or columns of
iron, steel or other materials, over and along streets and other public
places upon carts, drays, cars, trucks or in any other manner, loaded
so as to cause loud and raucous noises so as to disturb the peace and
quiet of such streets or other public places.
(15) The operation between the hours of 5:00 P.M. and
8:00 A.M. on weekdays including Saturday of any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoist or other
appliance, the use of which is attended by loud or unusual noise except
in case of urgent necessity in the interest of public health and safety,
and then only with a permit from the Building Inspector. The permit may
be granted for a period not to exceed three (3) days or less while the
emergency continues. If the Building Inspector shall determine that
the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation of
streets and highways within the hours of 5:00 P.M. and 8:00 A.M., and
further determine that loss or inconvenience would result to any party
in interest, he may grant permission for such work to be done within
the hours of 5:00 P.M. and 8:00 A.M., upon application being made at
the time the permit for the work is awarded or during the progress of
the work.
(16) The operation of any noise-creating blower or power
fan or any internal combustion engine, the operation of which causes
loud and raucous noise due to the explosion of operating gases or fluids,
unless the noise from such blower or fan is muffled and such engine is
equipped with a muffler device sufficient to deaden such noise."
Section 2. That any person who violates the provisions of Section
1 above shall upon conviction b~ punished as provided in Section 1-6 of
the Code of Ordinances of Delray Beach.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 4. 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.
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Ord. No. 19-73.
PASSED AND ADOPTED in regular session on the second and final
reading on the 9th day of July , 1973.
ATTEST:
First Reading June 25, 1973.
Second Reading July 9, 1973.
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Ord. No. 19-73.
DELRAY BEACH NEWS-JOURNAL
Published We~kly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA ~
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared .... ..~...~..~......L...:......~...o....o...d...~..~ ..............
who on oath says that he/al[e is ..... l~.ll.b~it.-~]l~ .................................. of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being an...Ox.d...Caption...~.19.-..7..~ ........
in the matter of .._..~....~.n...d.i..n.qt....S.~..~..t....1.7...-..2.0.....C..h~p..t~:....1.7. ........................................
in the ...................................................................... Court, was published in said newspaper in the
~,u, of ........ i ....... ..J...u..n..~......l...8......&.....,!..u..1..y......5..,......1..9..7.! ..................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Pzlm Beach County, Florida, each week and
has been entered as second class mail matter at the post office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in the saflt newspaper.
........ ........
Sworn to and ~bed before me this §tlt day of Ju..l~.. ............ A.D 19 73
MY COMMI$51ON EXPIRES M, AR. 19, 1976
BONDSD THRU GENERAL INSURANCE UNDI~RWRITER~