25-72 ORDINANCE NO. 25-72.
AN ORDINANCE OF THE CITY OF DELRAY BEACH AMENDING
SECTIONS 9-6.5 AND 9-6.6, CODE OF ORDINANCES OF
SAID CITY PERTAINING TO P~EGULATIONS LIMITING THE
HOURS FOR CERTAIN BUILDING CONSTRUCTION IN THE
CITY OF DELRAY BEACH, AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF.
WHEREAS, on the 12th day of October, 1964, the City Council
of the City of Delray Beach, Florida, passed Ordinance G-570 which
was codified as Section 9-6.5 and 9-6.6; and
WHEREAS, said ordinance limited construction or building which
would cause vibrations, noises, shaking or jarring to the hours from
8:00 o'clock A.M. to 5:00 o'clock P.M., Mondays through Saturdays
of each week; and
WHEREAS, the City Council of the City of Delray Beach, Florida,
deems it to be for the best interest and health, welfare and safety
of the citizens of this City that such construction and building,
when being done by an owner or lessee of a residential home should
be allowed after said hours,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida as follows:
Section 1. Sections 9-6.5 and 9-6.6, Chapter 9, Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
are hereby amended to read as follows:
"Section 9-6.5. Construction work causing vibrations, noise,
etc. Limited to specified days and hours.
No construction or building of any type causing vibrations,
noises, shaking or jarring to be emitted therefrom shall be carried
on or performed within the City of Delray Beach, Florida, except
between the hours from 8:00 o'clock A.M. to 5:00 o'clock P.M. on
Monday through Saturday of each week during the year 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 o'clock A.M. to 8:00 P.M. on Monday through Saturday.
Section 9-6.6. Same--Penalty for violation of Section 9-6.5.
It shall be unlawful for any person, firm or corporation engag-
ing in such construction or building between the hours of 5:00
o'clock P.M. of one da~ and 8:00 o'clock A.M. of the following day
and between 5:00 o'clock P.M. Saturday and 8:00 o'clock A.M. of
the following Monday in the City of Delray Beach, except for the
owner or lessee of a single family residence, when a city license
is not required, who shall not engage in such construction between
the hours of 8:00 o'clock P.M. of one day and 8:00 o'clock A.M. of
the following day and between 8:00 o'clock P.M. Saturday and 8:00
o'clock A.M. of the following Monday as aforesaid, unless the same
be emergency work, and shall be punished in accordance with Chapter
1, Section 1-6, Code of Ordinances of this City."
Section 2. Any ordinance or ordinances, or part or parts of
any ordinance in conflict herewith are hereby repealed.
PASSED in regular session on second and final reading on this
28th day of August , 1972.
':~ '~ City Clerk ~//
First Reading Auqust 14, 1~72 Second Reading August 28, 1972.
7/19/72
64~ Kingbird Cir., Delray
City Council of Delray Beach
Delray Beach, Fla.
Members of the City Council,
A situation has arisen here in Tropic Palina which I believe will
interest you in that it pertains to a section of the building code which
is unfair to the majority of homeowners. This little-known Sec. 9-6.5.
states that "No construction or building of any type' causing vibrations,
noise~, shaking, or jarring to be emitted therefrom shall be carried out
or performed within the City of Delray Beach Florida, except between the
hours from 8am to 5pm on Monday through Saturday of each week during the
year". Sec. 9-6.6 goes on to say, "Any person, firm or corporation engaging
in such construction between 5pm of one day and 8am of the following day, between
5~m on Saturday and 8am of the following Monday ...shall be punimhed in accordance
with Chapter 1, section 1-6, Code of Ordinances of this City".
The above means that the average homeowner, who must do a good sh. are
of the maintainance and improvement on his home due to the cost of labor and
material today can do this work only on Saturday, and only between eight and
five on that one day. A homeowner can mow his lawn to the roar of his power
mower when he gets home from work, but there is only one day in the week that
he can repair a door,' put up shelves, or panel his living room.
A neighbor here in Tropic pa!m_~ is trying to build a garage addition
on his home in his spare time. Like many of us, he cannot take off from
work to do this so he must do all he can between five pm and eight pm. He
has been reported to the police by one of the apparently few individuals
in this city who is aware of the above ordinance.
Of course, I fullyunderstand and support the attempt to keep our
neighborhoods quiet. But most of us must earn a living during the day five
or six days a week, and we need to be able to improve our homes in the early
evening and perhaps on Sunday.
I would lik'e to suggest a change in the above mentioned sections of
the ~bullding code which would allow the homeowner the opportunity to improve
his own home during the hours of 8am and 8pm Monday through Saturday and between
Noon and 5pm on Sunday. This freedom'should not be abused however, and some
provision should be included for complaint from surrounding neighbors in cases
of excessive disturbance.
Si e , ~
/.
~"' ,~i/c~l'~ L. BonDurant
~P~esident, Tropic Palms Homeowners Ass'n.