HomeMy WebLinkAboutOrdinance 2005-235
ORDINANCE NO. 2005- ?..3S
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA AMENDING SECTION 193-1 OF THE CODE OF
CITY OF SUNNY ISLES BEACH RELATING TO THE
PERMISSIBLE HOURS OF OPERATION OF POWER
TOOLS, CONSTRUCTION AND LANDSCAPING
EQUIPMENT; PROVIDING FOR ENFORCEMENT AND
PENAL TIES; REPEALING CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in Section 193-1 of the City of Sunny Isles Beach Code ("City Code"), the City
has established regulations regarding the permissible hours of operation of power tools, construction
equipment and landscaping equipment; and
WHEREAS, the City has determined for the benefit of the health, safety and welfare of its
citizens and the tourists who visit this community that the noise generated by the use of power tools,
chain saws, and other construction equipment should be limited to a greater extent than currently
provided in the City Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 193 of the City Code, and specifically Section 193-1 entitled "County
Code amendments", is hereby amended to read as follows:
~ 193-1. County Code amendments. Construction Equipment Noise.'
.^.mendment ofSeetion 21 28(k) of the Code of Miami Dade County, relating to the
permissible hOlHS of operation of pov,'er tools, construction equipment and
landscaping equipment. Section 21 28(k) be afld the same is hereby amended by the
City Commission of the City of Sur.ny Isles Beach from:
(Ie) PO\vertools and landscaping equipment. The operation of noise producing lawn
mowers, la"'lfl edgers, 'Need trimmers, blo',',ers, chippers, chain saws, pO'.ver tools and
other noise producing tools '..vhich are used to maintain or at a residence out of doors
betv/een 8:00 p.m. and 7:00 a.m.
t&;
1 Words underlined are added, words stfiekeft are deleted.
Amending Section 193.1 of SIB Code Relating to Noise
33-4 noise _ 1 _
(k) Po\vers tools; construction and landscaping equipment.
1. Power tools and construction equipment. The operation of noise-producing
equipment including~ but limited to~ chippers, chain saws, power tools, any
and all construction equipment (not limited to tools, but also machinery or
trucks), construction related deliveries, 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:
a. Monday thru Friday: 7:30 a.m. to 5:00 p.m.
b. Saturday: 9:00 a.m. to 5:00 p.m.
c. Sunday: No construction activity permitted utilizing noise producing
tools.
d. Holidays: No construction activity permitted. For purposes of this
section, "Holidays" shall be defined as federal and state legal holidays
and religious holidays.
2. Landscaping equipment. The operation oflandscaping equipment including
but not limited to lawn mowers, lawn edger, 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
thru Sunday: 7:30 a.m. to 8:00 p.m.
3. Extended Hours of Operation. 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 ill week prior to commencement of said
operation. The individual requesting such extension shall submit to the City
Manager or designee~ any required approvals from the agencies (FDOT,
Police Department, 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 of the certified mail.
4. Enforcement. The Code Enforcement and Licensing Department shall be
responsible for enforcing these provisions in accordance with Chapter 14 of
the City of Sunny Isles Beach Code.
5. Penalties. Failure to strictly comply with any provision of these provisions
shall result in a fine of $ 500.00 per day.
Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict
Amending Section 193.1 of SIB Code Relating to Noise
33-4 noise - 2 _
Section 3. Severability. If any clause, section or other part of this ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and shall in no way affect the validity ofthe remaining portions of
this ordinance.
Section 4. 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 to other appropriate
word.
Section 5. Effective Date. This ordinance shall become effective as provided by law.
Enforcement will commence sixty (60) calendar days after adoption of this ordinance so that the City
may have an opportunity to disseminate information to the general public regarding the requirements
of this ordinance.
PASSED AND ADOPTED on se
c;..---'
ATTEST:
~A'L
Jane Hines, City! Clerk
APPROVED AS TO FORM
AN G S ICIENCY
Moved by: ~S:Slo-.J~ I~:s,I'\'
Seconded by: _ -----1S<\op.) G~ W\IWJ
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Goodman
Commissioner Brezin
Commissioner Iglesias
v Yes)
VYes)
-1L.Yes)
~Yes)
~es)
_No)
_No)
_No)
_No)
No)
Amending Section 193.1 of SIB Code Relating to Noise
33-4 noise _ 3 _