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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 _