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97-06 ORDINANCE NO. 97-06 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 8.03 of the City Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the City Charter; and WHEREAS, this City Council wants to repeal any conflicting provisions of the County Code pertaining to excessive noise, and establish its own definitions and prohibitions against excessive noise, as well as enforcement and penalties for violations; and WHEREAS, it is protective of the public health, safety and welfare and in the public interest of the residents of the City for the City Council to regulate excessive noise; and WHEREAS, nothing in this Ordinance shall impair the enforcement of more restrictive noise restrictions imposed upon pdvate property pursuant to the provisions of Restrictive Covenants of Homeowners' Associations and Master Associations or the provisions of Declarations of Condominium or bylaws, rules or regulations issued thereunder. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Ordinance No. 97-06 Page 2 Section 1. Prohibition. It shall be unlawful for any person to make, continue or cause to be made or continued any noise disturbance. For purposes of this Ordinance, the term "noise disturbance" shall mean any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of lifo or property, including outdoor recreation, of a reasonable person with normal sensitivities. Section 2. Definitions. The following words, terms and phrases when used in this Ordinance shall have the meaning ascribed to them in this Section, except where the context clearly indicates a different meaning: A. Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar stationary emergency signaling device. B. Construction. Any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, of public or private rights-of-way, structures, utilities or similar property. C. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. D. Holidays. In addition to Sundays, those days declared by the laws of the State to be legal holidays, including New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. E. Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by mechanical power, gas or diesel, and used on the public roads and highways in the transportation of people or property. F. Motorboat. Any vessel which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water. G. Plainly Audible. Refers to noise which is unreasonably loud, raucous or jardng. H. Weekends. Shall mean from 6 p.m. Friday to 12 midnight Sunday. Section 3. Specifically Prohibited Acts. The following acts are declared to constitute a violation of this Ordinance: A. Excessive Noise. Any noise which is of such character, intensity or duration that it constitutes a noise disturbance. Ordinance No. 97-06 Page 3 B. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any Motor Vehicle or Motorboat on any street or place in the City, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. C. Radios, Televisions, Phonographs, Musical Instruments, etc. The using, operating, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio, television, phonograph, musical instrument or other machine or device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays in such a manner as to be Plainly Audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prime facle evidence of a violation of this Ordinance. D. Animals, Birds, etc. The owning, possessing or harboring of any animal or bird which causes, between the hours of 11:00 p.m. and 7:00 a.m., frequent or continued noise which is Plainly Audible at a distance of 100 feet from the building or structure in which the animal or bird is located. E. Exhausts. The discharge into the open air of the exhaust of any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, except for the testing of emergency generators as required by law during the hours of 8 a.m. to 5 p.m. weekdays. F. Firearms or Explosives. The use or firing of any explosives, firearms or similar devices, except in an Emergency, or using or firing firecrackers, skyrockets or the like without the prior approval of the City Manager. Nothing herein shall prohibit the use of nail guns used in construction. G. Loudspeaker or Sound Amplifier. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on Ordinance No. 97-06 Page 4 weekends and Holidays, such that the sound therefrom is Plainly Audible at a distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in which it is located; provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the City Manager pursuant to Section 4 of this Ordinance. H. Loading or Unloading. The creation of a noise disturbance in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and holidays, such that the sound is plainly audible at a distance of 100 feet from the building which it is located. I. Commercial Maintenance Equipment. The use of commercial maintenance equipment which creates a noise disturbance in connection with the operation of said equipment within 100 feet of any residential area between 7:00 p.m, and 7:00 a,m. weekdays and 7:00 p.m. and 8:00 a.m. weekends and Holidays. J. Defect in Motor Vehicle or Motorboat. The use of any Motor Vehicle or Motorboat so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, raffling or other noise. K. Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. L. Schools, Courts, Hospitals, Places of Religious Worship. The creation of a noise disturbance on any street or place adjacent to any school, court, hospital or place of religious worship, while the same are in use, which unreasonably interferes with the operation of such institution or which disturbs or unduly annoys the persons within such institutions. M. Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the City, for advertising or other purposes. N. Open Air Concerts, Musical Broadcasts, etc. The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) without first having obtained a permit to do so as provided in Section 4 of this Ordinance; except no Ordinance No. 97-06 Page 5 permit shall be required of any person(s) in order to engage in such activity within the residential property wherein such person(s) resides. Section 4. Permits for Special Events. Upon written application to the City Manager or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this Ordinance, the prohibitions or hour restrictions contained herein may be modified subject to such conditions as the City Manager may impose. The decision of the City Manager shall be final and not subject to appeal, except by writ of certiorari in accordance with law. A. Permit Application Information. The application for a permit under this Section shall contain the following information: 1. The name, date of birth, address and telephone number of the person who will be in charge of the activity or event for which a permit is requested; 2. The name of the person or entity seeking the permit; 3. The exact date and time for which the permit is sought; 4. The exact location of the activity or event for which a permit is requested; and 5. A description of the activity or event for which a permit is requested. B. Permit Contents, Time Restrictions. Permits issued under this Section shall specify the date and time during which the activity or event authorized by permit may be conducted. No permit shall be issued which encompasses more than one calendar day, or a span of hours in excess of eight hours; nor shall the requested activity or event commence or continue beyond the hour of 11:00 in any case. C. Procedures for Administrative Permits. The City Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits. D. Criteria for Permit Issuance; Postin.q of Bond. Issuance of a permit under this Section shall be based on a determination by the City Manager or his or her designee that the activity or event for which a permit is requested does not constitute a threat to public safety; constitute a danger or impediment to the normal flow of traffic; or constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located. The City Ordinance No. 97-06 Page 6 Manager or his or her designee may require that a bond be posted in an amount sufficient to secure the costs of cleanup, repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any such costs. E. Person Desi.qnated As Bein,q In Char.qe To Be Present. The person designated in the permit application required in this Section as being the person in charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit. It shall be unlawful and a violation of this Section for said designated person in charge to fail to remain in attendance at the location of the activity or event authorized by the permit for the entire time specified in the permit. Section 5~ Exemptions. The terms and prohibitions of this Ordinance shall not be applied to or enforced against: A. Any Motor Vehicle, Motorboat or other vehicle of the City, the County, the State or licensed public utility vehicle within the City while engaged in necessary public business. B. Excavation or repairs of bridges, streets, highways, street lights or 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. A reasonable use of amplifiers or loudspeakers in the course of public addresses or gatherings which are non-commercial in character; noise generated in the course of a special activity or event which has obtained a permit pursuant to Section 4 of this Ordinance; noise generated for the purpose of alerting persons to the existence of an Emergency or noise generated in the performance of Emergency work. Section6. Enforcement. This Ordinance shall be enforced by the City Community Development Department and Police Department or any other official of the City authorized to enforce this Ordinance Section 7. Penalties. A City Police Officer or Code Enforcement Officer ("Officer") who finds a violation of this Ordinance shall issue a citation to the violator requiring correction of the violation, and shall impose a fine in the amount of $250.00 for which the violator shall be liable. If the violation is not corrected within the time specified by the person issuing the citation, after taking into consideration the nature and type of noise Ordinance No. 97-06 Page 7 involved, by the violator after issuance of the citation, the Officer shall issue a second citation and shall impose an additional fine in the amount of $500.00. In the event that the violation continues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest pursuant to State law. Section 8. Repeal of Conflictin,q Provisions. That any conflicting provisions, ordinances or resolutions of the County Code, including Section 21-28 thereof, as made applicable to the City by Section 8.03 of the City Charter, are hereby repealed in their entirety. Section 9. Severability. 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 10. Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Aventura, Florida; 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. Section 11. Effective Date. This Ordinance shall be effective upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder absent Ordinance No. 97-06 Page 8 The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on second reading. This motion was seconded by Councilmember Perlow and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED on first reading this 17th day of December, 1996. reading 8~h y of ebr ,1997. b/~R'I;I:IUR L SN~DI~R, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'It/FdRN EY 8