HomeMy WebLinkAboutAdd No 7Monday, February 23, 2015
Addendum No. 7
CITY OF SUNNY ISLES BEACH
Construction of the North Bay Road Pedestrian Emergency Bridge
CITY RFP NO. 14-09-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
City of Sunny Isles Beach Code of Ordinances Chapter 193 “Noise”. Please see
Section 193-6 for limitations on construction noise.
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Chapter 193-NOISE
[HISTORY: Adopted by the City Commission of the City of Sunny Isles Beach 4-11-2006 by Ord. No.
2006-255; amended in its entirety 6-21-2007 by Ord. No. 2007-284. Subsequent amendments noted
where applicable.]
COUNTY CODE CROSS-REFERENCES
Ch. 21, Offenses and Miscellaneous
Provisions-Sec. 21-28, as amended.
GENERAL REFERENCES
Alarm systems-See Ch. 96
ARTICLE I -General Provisions
§ 193-1.-Purpose and intent.
Construction site security-See Ch. 135
The purpose of this chapter is to limit excessive noise that interferes with the comfortable enjoyment of
life, property, recreation or conduct of business in the City.
§ 193-2. -Definitions.
The following words, terms and phrases when used in this chapter shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
CITY MANAGER-The City Manager of the City of Sunny Isles Beach or designee.
CONSTRUCTION -Any site preparation, assemble, erection, substantial repair, alteration, demolition, or
similar action, or public or private rights-of-way, structures, utilities or property.
CONSTRUCTION TOOLS AND EQUIPMENT-Includes but is not limited to: material handling, earthmoving
and digging equipment, power tools, generators, air compressors, hand tools, and radios and other sound
equipment used by workers on a building site. This definition does not include interior work within a
structure which does not generate excessive noise.
DAYLIGHT SAVING TIME-The time established by the federal government to make better use of the
daylight.
DEPARTMENT-The Code Enforcement and Licensing Department.
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EMERGENCIES-Any occurrence or set of circumstances involving actual or imminent physical trauma or
property damage demanding immediate attention.
MECHANICAL EQUIPMENT-Includes but is not limited to air-handler units, exhaust fans, refrigeration
equipment, pump stations and other sound equipment used in buildings.
[Added 10-15-2009 byOrd. No. 2009-336]
SPECIAL MASTER-A person appointed by the City Commission to adjudicate code violations.
STANDARD TIME-The time established by the federal government for the calendar months that are
outside of daylight saving time.
VIOLATOR-A person or entity responsible for violation of the Code.
ARTICLE II -Prohibited Noise
§ 193-3. -Prohibited activities.
It shall be unlawful for anyone to create, operate or cause to be operated on private property any source
of sound in such a manner as to create a continuous airborne sound which exceeds 60 decibels [dB(A)], or
the ambient background noise, whichever is greater, when measured from the affected real property line.
Unlawful and excessive noise shall include, but is not limited to, the following:
A. Radio and musical instruments. The playing of any radio, television, phonograph, musical electronic
device, or any musical instruments in such a manner or with such volume, particularly during the
hours between 11 :00 p.m. and 7:00a.m. or at any time or place so as to annoy or disturb the quiet,
comfort, or repose of persons in any office or in any dwelling, hotel, or other type of residence, or of
any person in the vicinity;
B. Animal and bird noises. The keeping of any animals or birds which by causing frequent or long
continued noise shall disturb the comfort of any person;
C. Whistle or siren. The blowing of any whistle or siren, except to give notice of the time to begin or stop
work or as a warning of fire or danger;
D. Engine exhausts. The discharge into the open air ofthe exhaust of any steam engine, stationary
internal combustion engine, or motor vehicle, except through a muffler or other device which
effectively prevents loud explosive noises therefrom.
E. Limitations on construction. As defined by Article Ill of this chapter.
F. Handling merchandise. The creating of a loud and excessive noise in connection with loading and
unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
G. Devices that attract attention. The use of any drum, loudspeaker, amplifier or other instrument or
device for the purpose of attracting attention for any purpose.
H. Noise or sound amplification. Any amplified sound, or unnecessarily loud noises whereby the peace
and good order of the neighborhood is disturbed or persons owning or occupying property in the
neighborhood are disturbed.
I. Sound trucks. To operate or cause to be operated a sound truck with radio or amplifier within the City
without first having obtained a permit from the City Commission.
J. Mechanical equipment as defined above.
[Added 10-15-2009 byOrd. No. 2009-336]
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§ 193-4. -Exemptions.
The terms and prohibitions of this chapter shall not be applied to or enforced against:
A. Any motor vehicle, boat or other vehicle of the City, the county or the state or licensed public utility
vehicle within the City while engaged in necessary emergency or public business.
B. Emergency work of public service utilities by or on behalf of the City, the county, or the state, or
performance of such work during the night if the public welfare and convenience renders it
impossible to perform such work during the day.
C. Noise generated for the purpose of alerting persons to the existence of an emergency or noise
generated in the performance of emergency work. Noise created by mechanical ventilation systems
with carbon monoxide monitors as approved by the City.
D. Routine landscaping and other yard maintenance activities. However, the operation of landscaping
equipment, including but not limited to lawn mowers, lawn edgers, weed trimmers and blowers, is
permitted during the following hours: 7:30a.m. to 8:00 p.m. Monday through Friday and Saturday
between the hours of 9:00 a.m. and 8:00 p.m.
[Amended 10-15-2009 by Drd. No. 2009-336]
E. Noise generated within any existing condominium located in the City, except as otherwise provided in
Article Ill of this chapter. Forthe purpose of this exemption, noise is defined as any noise described in
§ 193-3
§ 193-5. -Penalties for offenses; enforcement.
Violators of this chapter shall be subject to the penalties prescribed in § 162.22 of the Florida Statutes, as
well as code enforcement pursuant to Chapter 14 of the City's Code of Ordinances, providing for a
maximum fine of $500 for each single violation and up to $500 per day for each continuing or repetitive
violation. The provisions discussed herein shall also be enforceable through injunctive relief as a means of
protection of the public interest through the exercise of the City of Sunny Isles Beach's police power, and
through any other means available at law.
ARTICLE Ill-Construction Noise
§ 193-6. -Limitations on construction noise.
Except as provided herein, no person or entity shall operate construction tools and equipment except
between the following hours:
A. Standard time: 7:00a.m. to 6:30p.m. Monday through Thursday, 7:00a.m. to 5:00p.m. on Friday, and
9:00 a.m. to 5:00 p.m. on Saturday.
B. Daylight saving time: 7:00a.m. to 7:00p.m. Monday through Thursday, 7:00a.m. to 5:00p.m. on
Friday, and 9:00a.m. to 5:00p.m. on Saturday.
C. Prohibited acts: No construction activities shall take place on Sunday and on the following holidays:
New Year's Day, Fourth of july, Labor Day, Yom Kippur, Thanksgiving Day, and Christmas Day.
§ 193-7.-Emergencies.
The limitations stated in§ 193-6 of this chapter shall not apply in any situation which requires heavy
equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of
persons or property, or to sewer, water, power, utility, or telephone interruptions.
§ 193-8.-Waiver for construction noise.
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A. The limitations in § 193-6 of this chapter may be waived by the City Manager in the case of
exceptional circumstances; provided, however, that no such waiver shall be granted unless the City
Manager finds that:
(1) The party seeking the waiver will suffer a unique hardship and/or practical difficulty unless the
waiver is granted;
(2) The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent
property or upon the public health, safety and welfare;
(3) That the activity, operation, or noise will be temporary in duration; and
(4) That no reasonable alternatives is available to the party.
B. The City Manager may attach to such waiver all conditions he/she deems necessary to protect the
public health, safety or welfare.
§ 193-9. -Permits for waiver for construction noise.
A. Applications for a permit for a waiver from the noise restrictions designated in this chapter on the
basis of undue hardship and/or practical difficulty must be submitted to the City Manager at least 10
days before the occurrence of the activity relating to the waiver. The application for waiver must
contain the basis for the waiver. The party requesting such waiver 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 signed acknowledgment or a return receipt of the
certified mail.
B. If granted, the permit shall be in writing and contain all conditions upon which such permit is granted,
including, but not limited to, the duration or equipment limitations.
§ 193-1 0. -Penalties for construction noise offenses.
Failure to strictly comply with any provisions shall result in the following penalties:
A. First offense: a minimum fine of $10,000.
B. Second offense: a minimum fine of $20,000.
C. Third offense: a stop-work order shall be issued by the City Manager or designee until the violations
are corrected and all fines are paid. Notwithstanding any provision in this section, the stop-work order
shall be in place for a minimum of eight hours.
§ 193-11. -Manner of enforcement.
A. Violations of this chapter shall be prosecuted in the same manner as other violations of the City Code;
provided, however, that in the event of an initial violation of the provision of this chapter, a written
warning shall be given to the alleged violator to discontinue or to abate such noise condition prior to
their being subject to further enforcement action. Only one warning shall be issued per occurrence. A
violation of this chapter may subject the violator to arrest and/or enforcement as provided under the
City Code. The Code Enforcement Department and the Police Department shall be responsible for
enforcing this chapter.
B. In determining the amount of the fine, if any, the Special Master shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation;
(3)
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Any previous violations committed by the violator. Notwithstanding any provisions in this chapter,
the Special Master may reduce the fine imposed pursuant to this chapter if the violator is not a
repeated offender.
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