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Home My WebLink AboutOrdinance 2006-249 ORDINANCE NO. 2006-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 193-1 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH RELATING TO CONSTRUCTION NOISE; PROVIDING FOR NEW PENAL TIES TO CONTROL NOISE POLLUTION RELATED TO CONSTRUCTION ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, excessive construction noise is a serious hazard to the public health and welfare and the quality oflife of the residents in the City; and WHEREAS, a substantial body of science and technology exists by which excessive noise can be substantially abated without serious inconvenience to the public; and WHEREAS, each resident of the City has the right to an environment which is free from noise which jeopardize the health, welfare, or which unduly interferes with a property owner's right of the use or enjoyment of their property; and WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to promote an environment free from excessive noise, otherwise properly called "noise pollution" which unnecessarily jeopardizes the health and welfare and degrades the quality of the lives of the residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon adoption hereof. Section 2. follows: Amendments. Section 193 (E) of the City Code is hereby amended to read as E. Penalties. Failure to strictly comply with any provisions shall result in a fille sf $500.00 the following minimum penalties: (I) First Offense: a minimum fine of$IO.OOO.OO (2) Second Offense: a minimum fine of $20,000.00 Noise Pollution Ordinance Page 1 of3 (3) Third Offense: a stop work order shall be issued bv the Building Official or designee until all violations are corrected and all fines are paid. F. Manner of Enforcement. (I) Violations of this Ordinance shall be prosecuted in the same manner as other violations of the Citv Code provided. however. that in the event of an initial violation of the provision of this Ordinance. a written warning shall be given to the alleged violator to discontinue or to abate such noise condition prior to their being subiect to further enforcement action. Onlv one warning shall be issued per occurrence. A violation of this Ordinance may subiect the violator to arrest. and/or enforcement as provided under the Citv Code. Section 3. Severabilitv. The provisions of this 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 4. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the code of the City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Effective Date. This Ordinance shall be effective ten (10) from adoption on second reading. PASSED and ADOPTED on first reading the ~day Of~~, 2006. PASSED and ADOPTED on second reading the ~ day of _bO hI...." "',-,2006. ATTEST: ., dA.A~. Jane A. Hines,City Clerk Noise Pollution Ordinance Page 2 00 Moved by: ~c... W\~Y' ~~_::z.IIV Seconded by: C\WvW\\~<;;\OI'J~.e Ic.1-t.slj.!..$ Vote: ~() Mayor Edelcup Vice Mayor Brezin Commissioner Thaler Commissioner Goodman Commissioner Iglesias V(Yes) ~(Yes) V(Yes) V( Yes) V(Yes) _(No) (No) _(No) (No) _(No) Noise Pollution Ordinance Page 3 of3 ~ Cl Z ::l V1 9 ~ w :z: E 4( z: w :z: I- E o u ti ~ QJ :z:: E rc i: ~ I i I I I I -I CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARINGS 3~ NOTICE IS HEREBY GIVEN that public hearings will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, on Thursday, February 16, 2006, at 7:30 p.m., to consider final adoption of the following proposed Ordinances: <D o o N en >- 0:: <l: ::l 0:: co UJ u.. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA. ESTABLISHING DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS FROM DISTANCE REQUIREMENTS; ESTABLISHING LICENSE REQUIREMENTS; ESTABLISHING HOURS OF OPERATIONS; PROVIDING FOR ISSUANCE OF CONDITIONAL USE PERMITS BY THE CITY COMMISSION; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 267.2(B) OF THE CODE OF SUNNY ISLES BEACH. ADOPTING A REVISED FEE SCHEDULE FOR PLANNING AND ZONING SERVICES ATTACHED AS EXHIBIT "A"PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, MANDATING THAT GAS STATIONS WITHIN THE CITY OF SUNNY ISLES BEACH HAVE ADEQUATE ALTERNATE ENERGY SOURCES INCLUDING EMERGENCY GENERATORS TO OPERATE GAS PUMPS IN CASE OF EMERGENCYj PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. aN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 193-1 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH RELATING TO CONSTRUCTION NOISE; PROVIDING FOR NEW PENALTIES TO CONTROL NOISE POLLUTION RELATED TO CONSTRUCTION ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Inquiries regarding these items may be directed to the City Clerk at 305-947-0606. Copies of these documents are available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are inviled 10 appear allhis meeting or be represenled by an agenl. or 10 e'press lhe" views In writing addressed 10 Ihe Crly Commission c/o lhe City Clerk. Clly 01 Sunny Isles Beach. lB070 Collins Avenue. Sunny Isles Beach. Florida, 33160. Any person WIShing 10 address Ihe Clly Commission et a public hearing is asked to regisle' wllh Ihe Clly Clerk by complellng a public speake..' card prior 10 Ihe Ilem being heard. The heanngs on Ihese maners may be continued ellhis meeling and under such circumslances. additional legal nollce would nol be provided. If a person de<:ides 10 appeal any deCISion made Oy Ihe Clly Commission wilf1 respacllo any malter conSidered at such meeling. they will need a recoro of Ihe proceedings and, for such purpose, may need 10 ensure tnal a verbalim record of Ihe Proceedings i. made, which record includes Ihe lestimony and eVidence upon which the appeai is 10 be based. This nollce does nol conSlllule consenl by Ihe Crty for introduclion or admiSSion of otherwise Inadmissible or irrelevant eVidence, nOr dees it authorize challenges or appeals no! otherwise allowed by law. In accordance wllh Ihe Ameneans wilh Disabllilles ACI, all persons who are disabled and who need special accommodations 10 pa"icipate in this meeling because ollhal disability should conlacllhe City Manager al 30S-947-0606, no later than 4B hours prior 10 Ihe proceedings; Ii hearing impaired, please lelsphone Ih, m line al 305.792- 1590 for assistance. ~~. &'~""'/i/o.,o/ ""' /Ii d.:'l'r:' .~ d....... ... _ _._ .. ,. \ TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City HolI (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk MEMORANDUM Clay Parker, Building Official/Administrator Robert Solera, Assistant Administrator of Building, Code & Licensing Priscilla Walker, Deputy City Clerk t7 woJ1~ February 23, 2006 Construction Noise Pollution Ordinance At its regular meeting of February 16, 2006, the City Commission adopted Ordinance No. 2006-249, relating construction noise pollution. Attached is a copy of the ordinance for your files. Thank you. :pw Attachments cc: Police Chief Fred Maas, Interim City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager Elena Del Campillo, Zoning Technician C:onstmct;o!1 Noise Pollution Oru Trans Memo