Ordinance 2007-284 - Laserfiche WebLink

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ill Noise generated within any existing condominium located in the City, except as otherwise provided in Aliicle II of this Chapter. For the purpose of this exemption. noise is defined as any noise described in Section 193.3. 193-5. Pcnalties; Enforccment. Violators of this ordinance shall be subiect to the penalties prescribed in section 162.22 of the Florida Statutes, as well as Code Enforcement pursuant to Chapter 14 of the City's Code of Ordinances. providing for a maximum fine of $500 for each single violation and UP to $500 per day for each continuing or repetitive violation. The provisions discussed herein shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the City of Sunny Isles Beach's police power. and through any other means available at law. ARTICLE II CONSTRUCTION NOISE 193-36. Limitations on construction noise. Except as provided herein, no person or entity shall operate construction tools and equipment except between the following hours: A. Standard time: 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. B. Daylight saving time: 7:00 a.m. to 7:00 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. C. Prohibits acts: No construction activities shall take place on Sunday and on the following holidays: New Year's Day, Fourth of July, Labor day, Yom Kippur, Thanksgiving Day, and Christmas Day. 193-51. Emcrgencics. The limitations stated in S 193-36 of this chapter shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions. 193-(}~. Waiyer for Construction Noise. A. The limitations in S 193-36 of this chapter may be waived by the City Manager in the case of exceptional circumstances; provided, however, that no such waiver shall be granted unless the City Manager finds that: (I) The party seeking the waiver will suffer a unique hardship and/or practical difficulty unless the waiver is granted; (2) The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare; (3) That the activity, operation, or noise will be temporary in duration; and 4 U:\LEGlSTLATION\Draft Ordinances\2007\Amending Chapter 193, Noise 030207 CLEAN.doc