HomeMy WebLinkAboutOrdinance 98-34
ORDINANCE NO. 98- 3tt
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA AMENDING SECTION 21-28 (k) OF THE CODE
OF MIAMI-DADE COUNTY RELATING TO THE
PERMISSmLE HOURS OF OPERATION OF POWER
TOOLS, CONSTRUCTION EQUIPMENT AND
LANDSCAPING EQUIPMENT; REPEALING CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION INTO THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach, by virtue of its Charter adopted by ballot of the
electorate on a special election held on June 16, 1997, has unless otherwise modified or replaced,
adopted on an interim basis, all Codes, resolutions and ordinances of Dade County in effect on the
date of the adoption of the Charter, to the extent applicable to the City; and
WHEREAS, the City has determined that for the health, safety and welfare of its citizens and
as a tourist oriented community the use of power tools, chain-saws, and other construction equipment
noise should be limited to a greater extent than currently provided in the Code; and
WHEREAS, the City Commission of the City of Sunny Isles Beach has full power and
authority to so act on behalf of its citizens to reduce unnecessary and excessive noise to the residents,
public and visiting tourists of the City of Sunny Isles Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. AMENDMENT OF SECTION 21-28 (K) OF THE CODE OF MIAMI DADE
COUNTY. RELATING TO THE PERMISSIBLE HOURS OF OPERATION OF
POWER TOOLS. CONSTRUCTION EOUIPMENT AND LANDSCAPING
EOUIPMENT. Section 21-28 (k) be and the same is hereby amended by the City
Commission of the City of Sunny Isles Beach from:
(k} Puwel tool,} und lalttbccJpiTtg e'fuiplttent. The opeIatlon of noise-producing lawn
mowers, lawn edgers, wt;ed tdmmers, blowers, chippers, chain saws, power tools and
098- ~21-28(k) construct noise
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other noise ploduc.ing tools which ate used to maintain Ot at a le~.idellCe out-of-doors
between 8.00 p.m. and 7.00 a.m.
to:
(k)
1. Power tools and construction equipment. The operation of noise-producing
equipment including but not limited to chippers, chain saws, power tools, any and all
construction equipment and other noise producing tools utilized out-of-doors cannot
be operated except during the following hours unless extended by written permission
of the City Manager, or his/her designee:
Monday through Friday 7:30 a.m. to 5:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday No construction activity permitted utilizing nOIse
producing tools.
2. Landscaping equipment. The operation of landscaping equipment including but
not limited to lawn mowers, lawn edgers, weed trimmers and blowers cannot be
operated out-of-doors except during the following hours unless extended by
permission of the City Manager or his/her designee:
Monday through Sunday 7:30 a.m. to 8:00 p.m.
SECTION 2. CHAPTER 21 OF THE CODE OF METROPOLITAN DADE COUNTY. Except
as modified by Ordinance 98-20 and except as set forth in Section 1 hereinabove and
any future modifications that may hereafter be adopted, Chapter 210f the Code of
Miami Dade County is hereby re-adopted in its entirety and shall be applied in the City
of Sunny Isles Beach.
SECTION 3. REPEAL OF CONFLICTING PROVISIONS. All provIsIons of the Code of
Metropolitan Dade County as made applicable to the City by Article VIII, Sections
8.3 of the City Charter which are in conflict with this Ordinance are hereby repealed.
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SECTION 4. SEVERABILITY. The provisions ofthis Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held
to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
SECTION 5. INCLUSION IN THE CODE. It is the intention of the City Commission, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part
of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be
renumbered or re-Iettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective ten days after adoption on
second reading.
PASSED AND ADOPTED on frrst reading this 2r day of May, 1998.
~
PASSED AND ADOPTED on second reading this \ day of June, 1998.
DAVID SAMSON, MAYOR
ATTEST:
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
M. DANNHEISSER
ATTORNEY
Moved By: ~\ c;~, ~ lV\fl"'V'\~
Seconded By: J\0l- ~N' \~t~/
1 0
VOTE:
Mayor David Samson
Vice Mayor Irving Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Connie Morrow
(yes) t/
(yes) L
(yeg) _
(yes) ..,/
(yes) ;:7
(no)_
(no)
(BG).-- ~
(no)_
(no)_
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