97-09 ORDINANCE NO. 97-09
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ORDINANCE NO. 97-06 WHICH
ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE
NOISE BY ADDRESSING CONSTRUCTION HOURS AND
OTHER NOISE ACTIVITIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:~
Section 1. Section 3. of Ordinance No. 97-06 is hereby amended to read as
follows:
C. Radios, Televisions1 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 prima facie evidence of a violation of this Ordinance;.
provided, however, that this shall not appy to any public performance,
gathering or parade for which a permit has been obtained from thc
City Manager pursuant to Section 4 of this Ordinance.
Underlined text has been added; s~ruc~ thrcugh text has been deleted from e~sting language.
Ordinance No. 97-09
Page 2
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 muff]er 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. This paragraph E. shall not require
Motorboat engines manufactured without a muffler from making
such discharge of exhaust, nor shall it prohibit Motorboat enqine
testing, flushing and repair activities in the absence of a muffler by
marine manufacturing or storage and repair establishments during
the time period from sunrise to one hour after sunset seven days a
week.
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
pPlainly a~_udible at a distance of 100 feet from the building which it is
located.
O. Construction. The conducting of Construction on the exterior or
outside of any structure or upon any open structure or the creation of
a noise disturbance in connection with the conducting of construction
within the interior of an enclosed structure between the hours of 6:00
p.m. and 7:00 a.m. on weekdays and 5:00 p.m. and 8:00 a.m. on
Saturdays and at any time on Sundays and Holidays, except for
Emergency work. Notwithstanding the foregoing, the creation of a
loud or excessive noise in connection with the use and operation of
heavy equipment for earth moving and compacting, concrete
demolition or pile driving is prohibited at any time on Saturdays and
Sundays. The City Manager may grant a temporary permit for
construction activities conducted at a time prohibited by this section in
order to expedite the completion of construction activities, provided it
does not endanger the health, safety or welfare of the community.
The City Manager may revoke the temporary permit based on
complaints from surrounding property owners or the endangerment of
the health, safety or welfare of the community. The City Manager may
impose reasonable conditions on the permitted activities. In the event
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that bona fide complaints are received from residents who live
adjacent to or near the construction site, the City Manager or his
designee may attempt to resolve such complaints by coordinating and
attending meetings between the owner, general contractor or project
manager and the affected citizens or their representatives. If
Emergency work is to be performed, the owner of the properly upon
which such Emergency work is to be performed or the property
owner's authorized representative shall notify the City Manager's
Office prior to the commencement of such Emergency work.
Section 2. Section 4. of Ordinance No. 97-06 is hereby amended to read as
follows:
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. ~
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O. Procedures for Administrative Permits. The City Manager is
hereby authorized to pramulgate reasonable rules and procedures for
the application, issuance and revocation of such permits. These rules
and procedures shall serve to implement the intent and purpose of
this Ordinance so that necessary and beneficial activities may occur
while providing for protection of the public.
Section 3. 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
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but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Perlow, who moved its
adoption on first reading. This motion was seconded by Rogers-Libert, 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 absent
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on second reading. This motion was seconded by Councilmember
Beskin, and upon being put to a vote, the vote was as follows:
Counciimember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry HoIzberg 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 4th day of March, 1997.
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PASSED AND ADOPTED on second reading this 18th day of March, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST: .~ ~'~
TERESA M SMITH, CMC
CITY CLERK
EMS/tms
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