HomeMy WebLinkAboutOrdinance 2000-94
ORDINANCE NO. 2000 - ."
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA AMENDING ORDINANCE 98-34 RELATING TO
THE PERMISSIBLE HOURS OF OPERATION OF POWER
TOOLS, CONSTRUCTION EQUIPMENT AND LANDSCAPING
EQUIPMENTi REPEALING CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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 ofthe 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 but now wish to provide for some flexibility.
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 PERMISSffiLE HOURS OF OPERATION OF
POWER TOOLS, CONSTRUCTION EQUIPMENT AND LANDSCAPING
EQUIPMENT, as set forth in Ordinance 98-34 be and the same is hereby amended by
the City Commission of the City of Sunny Isles Beach from:
(k)
I. 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 ofthe
City Manager, or hislher designee:
098- 34) construct noise
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Monday through Friday
Saturday
Sunday
7:30 a.m. to 5:00 p.m.
9:00 a.m. to 5:00 p.m.
No construction activity permitted utilizing noise
producing tools.
2. Landscaping equipment. The operation oflandscaping 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 ofthe City
Manager or his/her designee:
Monday through Sunday 7:30 a.m. to 8:00 p.m.
3. Extended Hours ora-Deration. Any request for extension in the hours of operations
for construction projects shall be made in writing to the City Manager or his / her designee
one (1) week prior to commencement of said operation. The individual requesting such
extension shall submit to the City Manager or designee any required approvals from other
agencies (F.D.O.T..Police De:pt. Etc.) if applicable. In addition the property owner or its
designee shall notify the abutting property owners within 150 feet of the property in writing
of the extension of the construction time request and shall provide proof of such notification
to the City by either presenting a sign acknowledgment or a return receipt for certified mail.
SECTION 2. CHAPTER 21 OF THE CODE OF METROPOLITAN DADE COUNTY. Except as
modified by Ordinance 98-20, Ordinance 98-34 and this ordinance and except as set forth
in Section 1 hereinabove and any future modifications that may hereafter be adopted,
Chapter 21 ofthe 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 vm, Sections 8.3
of the City Charter which are in conflict with this Ordinance are hereby repealed.
098- 34) construct noise
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SECTION 4. SEVERABILITY. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase ofthis Ordinance shall for any reason be held to
be invalid or unconstitutional, such decision shall not affect the validity ofthe 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 ofthis 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-
lettered 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 first reading this 18th day of May, 2000.
PASSED AND ADOPTED on second reading A::;~
day of June, 2000.
ATTEST:
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. ~GfIMID 13R~WN:MORILLA
C;;ITY,CLERK
I
098- 34) construct noise
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
.~
L M. DANNHEISSER
CITY ATTORNEY
Moved By:
Seconded By:
VOTE: C;...... 0
*'
~or. pavid Samson
~ing Turetsky
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
G9AlmiBsie1\8f Connie Morrow
\J,c.A- ~
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098- 34) construct noise
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