Ord 21-03ORDINANCE NO. 21-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 99, "NOISE CONTROL", OF THE CODE OF
ORDINANCES OF THE CITY OF DRI.RAY BEACH,
SECTION 99.04, "LOUD AND UNNECESSARY NOISES
ENUMERATED; EXEMPTIONS", BY AMENDING
SUBSECTION 99.04(A)(1), "NOISE FOR ENTERTAINMENT
PURPOSES", TO CLARIFY CERTAIN DISTANCE
REQUIREMENTS FOR NOISE EMANATING FROM
VEHICLES AND BUILDINGS AND PROVIDING THAT THE
OUTDOOR PLAYING OF MUSICAL OR SIMILAR
INSTRUMENTS IS PROHIBITED DURING CERTAIN TIME
PERIODS; BY REPEALING SUBSECTION 99.04(A)(19),
"OUTDOOR PLAYING OF MUSICAL INSTRUMENTS,
PHONOGRAPHS AND SIMILAR DEVICES"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, Chapter 99 of the Code of Ordinances provides the level of noise that shall be
allowed from any source; and
WHEREAS, Section 99.04(A)(1) sets forth the distance requirements for noise levels; and
WHEREAS, there are currently many bus'messes that provide music whether live or by other
devices at the front of businesses, on porches and in other areas that are either outdoors or not in
totally enclosed places; and
WHEREAS, these businesses comply with the noise ordinance regarding the level of noise
that they are creating, even though the music is oco~rring outdoors; and
WHEREAS, Section 99.04(A)(19) of the Code of Ordinances prohibits the outdoor playing
of musical instruments or other sinailar devices in the City and thus it is inconsistent with Section
99.04(A)(1) as currently drafted; and
WHEREAS, the City wishes to amend Section 99.04(A)(1) to provide that the outdoor
playing of musical instruments or other silnilur devices shall only be prohibited during certain time
periods and to repeal Section 99.04(A)(19).
NOW, THEREFOKE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DRI.R~,Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(1), "Noise for Entertainment Purposes" of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as
follows:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
(1) Noise for ente~ainment purposes. It shall be unlawful for any person or
persons to play, use, operate or permit to be played, used or operated, any radio, musical instrument,
phonograph or other machine or device for the producing or reproducing of sound if such sound is
for the purpose of entertainment or is used for that purpose and can be heard from the distances
stated in subsection (a) or violates the parameters set forth in subsection (b).
(a) Violation will occur if the noise source is located within an
automobile;, that is located in or upon a public street, highway, building, sidewalk, park, thoroughfare
or other public area, or is located in or upon a public access area, such as a shopping mall, parking
lot or the like or on any private property, and the sound can be heard more than fifty (50) feet from
its source_, or;, A violation shall also occur if the noise source is located in a building or other
structure or outside of such building or structure and the sound can be heard more than one
hundred (100) feet away from the building or structure or the boundaries of the property
sutmnnding such building or structure, whichever is greater. Provided however, that the outdoor
playing of any radio, musical instrument, phono~aph or other machine or device used for the
producing or reproducing of sound if such sound is for the purpose of entertainment is prohibited
in all residential zoning districts between the hours of 10:00 p.m. to 8:00 a.m..
(b) It shall be prima facie evidence of violation of this section if the
sound can be heard outside the limits described in subsection (a), or creates a noise disturbance
within noise sensitive zones or if said sound violates any vibration or decibel levels set forth in this
chapter (except for activities open to the public and for which a permit has been issued by the city
according to the criteria set forth in Sec. 99.30~.
(c) Where the noise source is located in a building or other structure, the
owner, occupant, resident manager or other person in charge of the premises shall, if present, be
presumed to have permitted the noise in the absence of evidence to the contrary.
(d) This section shall not apply to non-commercial spoken language
covered under subsection (A) of this section.
2 ORD. NO. 21-03
Section 2. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(19), "Outdoor Playing of Musical
Instruments, Phonographs and Sinailar Devices" of the Code of Ordinances of the City of Delmy
Beach, Florida, be and the same is hereby repealed:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
Section 3. 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.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED~2~ ND _ADOS_ _ _D in reg,,!~r session on second and final reading on this the
day o t~-'~ 2003.
ATEEST:
City Clerk
First Reading
Second Readin~ -
3 ORD. NO. 21-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # I~- REGULAR MEETING OF NOVEMBER 4. 2003
ORDINANCE NO. 21-03 (AMENDING CHAPTER 99 "NOISE
CONTROL")
OCTOBER 31, 2003
This ordinance is before Commission for second reading to amend Chapter 99, "Noise Control" of
the City Code of Ordinances to clarify distance requirements for noise emanating from vehicles and
buildings; and to provide a time limit on outdoor playing of muCacal or similar instruments in
residential zoning dismcts.
At the first reading on October 7, 2003, the Commission passed Ordinance No. 21-03.
Recommend approval of Ordinance No. 21-03 on second and final reading.
S:\City Cleck\agenda ~Otd 21.03.Noise Conmal.l 1.04.03
[lTV OF I]ELAflV BEfl[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
993 DATE:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
September 22, 2003
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Chanqesto Noise Ordinance
On July 8, 2003 Ordinance No. 21-03 was presented to the Commission for first
reading. At that meeting the Commission voted to table Ordinance No. 21-03 and
gave staff direction to reword the proposed changes in order to place a time limit
on the outdoor playing of musical instruments and similar devices.
This proposed ordinance prohibits the outdoor playing of musical instruments,
phonographs and similar devices between the hours of 10:00 p.m. to 8:00 a.m. in
residential zoning districts.
By copy of this memo to David Harden, our office requests that this item be placed
on the October 7, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Chief Larry Schroeder, Police Dept.
ORDINANCE NO. 21-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99,
"NOISE CONTROL", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, SECTION 99.04, "LOUD
AND UNNECESSARY NOISES ENUMERATED;
EXEMPTIONS", BY AMENDING SUBSECTION 99.04(A)(1),
"NOISE FOR ENTERTAINMENT PURPOSES", TO CLARIFY
CERTAIN DISTANCE REQUIREMENTS FOR NOISE
EMANATING FROM VEHICLES AND BUILDINGS AND
PROVIDING THAT THE OUTDOOR PLAYING OF MUSICAL
OR SIMILAR INSTRUMENTS IS PROHIBITED DURING
CERTAIN TIME PERIODS; BY REPEALING SUBSECTION
99.04(A)(19), "OUTDOOR PLAYING OF MUSICAL
INSTRUMENTS, PHONOGRAPHS AND SIMILAR DEVICES";
PROVIDING A GENERAL REPEALER CLAUSE, A SAViNG
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 99 of the Code of Ordinances provides the level of noise that shall
be allowed from any source; and
WHEREAS, Section 99.04(A)(1) sets forth the distance requirements for noise levels;
and
WHEREAS, there are currently many businesses that provide music whether live or by
other devices at the front of businesses, on porches and in other areas that are either outdoors or
not in totally enclosed places; and
WHEREAS, these businesses comply with the noise ordinance regarding the level of
noise that they are creating, even though the music is occurring outdoors; and
WHEREAS, Section 99.04(A)(19) of the Code of Ordinances prohibits the outdoor
playing of musical instruments or other similar devices in the City and thus it is inconsistent with
Section 99.04(A)(1) as currently drafmd; and
WHEREAS, the City wishes to amend Section 99.04(A)(1) to provide that the outdoor
playing of musical instruments or other similar devices shall only be prohibited during certain
time periods and to repeal Section 99.04(A)(19).
Ord. No. 21-03
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(1), "Noise for Entertainment Purposes"
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended as follows:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
(1) Noise for entertainment purposes. It shall be unlawful for any person or
persons to play, use, operate or permit to be played, used or operated, any radio, musical
instrument, phonograph or other machine or device for the producing or reproducing of sound if
such sound is for the purpose of entertainment or is used for that purpose and can be heard from
the distances stated in subsection (a) or violates the parameters set forth in subsection (b).
(a) Violation will occur if the noise source is located within an
automobile; that is located in or upon a public street, highway, building, sidewalk, park,
thoroughfare or other public area, or is located in or upon a public access area, such as a
shopping mall, parking lot or the like or on any private property, and the sound can be heard
more than fifty (50) feet from its source: o~, A violation shall also occur if the noise source is
located in a building or other structure or outside of such building or structure and the sound can
be heard more than one hundred (100) feet away from the building or structure or the boundaries
of the property surrounding such building or structure, whichever is greater. Provided however,
that the outdoor playing of any radio, musical instrument, phonograph or other machine or
device used for the producing or reproducing of sound if such sound is for the propose of
entertainment is prohibited in all residential zoning districts between the hours of 10:00 p.m. to
8:00 a.m..
(b) It shall be prima facie evidence of violation of this section if the
sound can be heard outside the limits described in subsection (a), or creates a noise disturbance
within noise sensitive zones or if said sound violates any vibration or decibel levels set forth in
this chapter (except for activities open to the public and for which a permit has been issued by
the city according to the criteria set forth in Sec. 99.30).
(c) Where the noise source is located in a building or other structure,
the owner, occupant, resident manager or other person in charge of the premises shall, if present,
be presumed to have permitted the noise in the absence of evidence to the contrary.
Ord. No. 21-03
(d) This section shall not apply to non-commercial spoken language
covered under subsection (A) of this section.
Section 2. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(19), "Outdoor Playing of Musical
Instruments, Phonographs and Similar Devices" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby repealed:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
Section 3. 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.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 2003.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading_
Ord. No. 21-03
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