HomeMy WebLinkAboutOrdinance 2000-95
ORDINANCE NO. 2000- ~5
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA AMENDING SECTION 33-4 OF THE CODE OF
MIAMI-DADE COUNTY RELATING TO OFFENSIVE COLOR,
DESIGN, SMOKE, NOISE ETC.;NUISANCES, MOVES AND
LOCATION TO BE APPROVED; LOCATION ON LAND
SUBJECT TO FLOODING; TO PROVIDE THAT
CONSTRUCTION EQIDPMENT SHALL BE REGULATED BY
OSHA STANDARD; 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 orreplaced, adopted
on an interim basis, all Codes, resolutions and ordinances of Dade County in effect on the date ofthe
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 excessive noise needs should be regulated, 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 33-4 OF THE CODE OF MIAMI DADE COUNTY.
RELATING RELATING TO OFFENSIVE COLOR. DESIGN. SMOKE. NOISE
ETC.:NUISANCES. MOVES AND LOCATION TO BE APPROVED: LOCATION
ON LAND SUBJECT TO FLOODING: . Section 33-4 be and the same is hereby
amended by the City Commission of the City of Sunny Isles Beach from:
33-4 noise
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~
Nothing shall be allowed on the premises in any district which would in any way be
offensive or obnoxious by reason of color, design, or the emission of odor, liquid gases,
dust smoke vibration or noise. Construction equipment or any other equipment generating:
noise or vibration shall not exceed the levels permitted by OSHA standard. Nor shall
anything be placed, constructed or maintained that would in anyway constitute an eyesore,
or nuisance to adjacent property owner, residents, or to the community. No structure shall
be erected, altered, structurally altered or moved except by methods and on location as
approved by the Director.
SECTION 2. Section 33-4 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, Section 33-4 of the Code of Miami
Dade County is herebyre-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.
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 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.
33-4 noise - 2 -
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 the 18th day of May, 2000
ATTEST:
~J~>-~~
RICHARD BROWN:~ORILLA
, i -..
r CITV GtERJ(
. , ,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~~.. -t', ~
M. DANNHEISSER
CITY ATTORNEY
33-4 noise
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Moved By: Ce,.~~ 'lOY~/", k ou....~
Seconded By: ~\~ ~~
VOTE: if -0 - )
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Irving Turetsky
(yes) ~
(yes)
(yes) t/
(yes) 1/
(yes) ~
(no)_
(no)_ A~~L
(no)_
(no)_
(no)_
33-4 noise
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