HomeMy WebLinkAboutDocumentation_Regular_Tab 8B_12/14/1989 � TEQUESTA POLICE DEPARTMENT
-411k357 Tequesta Drive
Post Office Box 3273
Tequesta, Florida 33469-0273 CARL R. RODERICK
Phone: (407) 575-6210 Chief of Police
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TO: THOMAS G. BRADFORD. VILLAGE MANAGER /
FROM: CARL R. RODERICK, CHIEF OF POLICE
DATE: 12-08-89
SUBJECT: NOISE ORDINANCE AMENDED.
Recently, our officers investigated a complaint which involved a
violation of the current Noise Ordinance # 199 section 12-1. The
noise source was an A/C unit in operation directly behind the
complainants home. The departments noise . meter operators were
instructed to check the complaint and found that the A/C unit was in
fact measuring 62 to 63 decibels.
Our Ordinance states that 40 decibels maximum, are allowed in the
residential sections and that Seven ( 7) points be deducted after
6: 00PM during week days and all day Sunday and holidays, bringing the
maximum allowable reading down to 33 decibels.
Not only was the violators A/C unit over the limit, but the
complainants was also reading 50 decibels as well as another neighbors
at 56 decibels.
The departments certified noise meter operators feel that the
Tequesta Ordinance levels are to low to be enforced in court. This
decision is based on the Palm Beach County ordinance and other police
agencies that have ordinance noise levels at 60 maximum and 55 after
11: 00PM which have been enforced favorably in court.
I have therefor requested the Village Attorney address the matter
and feel that the attached amendment proposed is satisfactory and fair
for the residents. of the Village.
Basically, the amendment would raise the maximum level of
sustained noise from 40 to the 60 decibel level, dropping to 55 after
11: 00PM and on Sundays and Holidays.
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
ATTORNEYS AND COUNSELORS
FLAGLER CENTER TOWER
• 505 SOUTH FLAGLER DRIVE
ELEVENTH FLOOR
P.O.DRAWER E R.BRUCE JONES
1904-1988
LARRY B.ALEXANDER MICHAEL T.KRANZ WEST PALM BEACH,FLORIDA 33402-3475
GEORGE H.BAILEY BLAIR R.LITTLEJOHN,III 3 HENRY F.UUENTHAL
KEVIN C.BEUTTENMULLER JOHN M.LeROUX (407)859 1802.1982
000
MICHAEL D.BROWN JOHN BLAIR MCCRACKEN FAX:(407)832-1454 '
RUTH P.CLEMENTS PAMELA A.MCNIERNEY
SCOTT M.COLTON TIMOTHY E.MONAGHAN HARRY ALLISON JOHNSTON
MARGARET L.COOPER GUY RABIDEAU 0kOSTER
895-1983
REBECCA G.DOANE JOHN C.RANDOLPH RANDY D.ELLISON ANDREW R.ROSS RETIRED
L.MARTIN FLANAN STEVEN J.ROTHMAN LUA. OSTERSCOTT A.GLAZIER PETER A.SACHS LORI E.HANDELSMAN JOEL T.STRAWN WRITER'S DIRECT LINE:SCOTT G.HAWKINS SIDNEY A.STUBBS,JR.THORNTON M.HENRY ALLEN R.TOMLINSONL TION
PETER S.HOLTON JOHN S.TRIMPER HARRY A.JOHNSTON,II MICHAEL P.WALSHJ. - N.E. TH AVE.
M a K B.KLEI P.ULC. WEAVERDecember 6 1989 ' Y BEACH, RIDA 33483
MARK E B.KO ELD PAUL C.WOOLCHARLES B.KOVAL MARC S.WOOLF F '4Mr. Thomas G.. Bradford \��Village Manager Village of Tequesta \
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta
•
Noise Ordinance
Our File No. 13153 .1
. Dear Tom: .
In order to accommodate the request the Chief
Roderick, I ' have further amended the Noise Ordinance
to incorporate the requested change in time from 6 :00
p.m./7 :00 a.m. to 11 :00 p.m./7 :00 a.m. and the subtracted
decibel number change from 7 to 5 .
Very tru yours,
•
��hn C. Randolph
JCR/ss
Enclosure
cc: Carl R. Roderick, Chief of Police
ORDINANCE NUMBER
AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AMENDING SECTION 12 .2 OF THE
VILLAGE CODE OF ORDINANCES PROVIDING FOR
HIGHER NOISE DECIBEL LEVELS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section 12-2 (c) , Classification of Use
Districts, Subsection (3 ) , of the Village Code of
Ordinances is hereby amended to read as follows:
" (3 ) The limits hereinabove referred to shall be
in accordance with the following table:
Table I of subsection (3) of this section.
DISTRICTS
Decibels on the "A" weighing scale
R1A, R1 , R2 , R3 Cl and C2
60 60
Section 2 . Section 12-2 (c) , Classification of Use
Districts, Subsection (5) , of the Village Code of
Ordinances is hereby amended to read as follows:
" (5) If the noise occurs between the
hours of 11:00 p.m. and 7 :00 a.m.
on Monday through Saturday or at
any time on Sunday or holidays,
five (5) shall be subtracted from
each of the decibel levels given
in table I of subsection (3 ) of
this section. "
Section 3 . If any provision of this Ordinance or the
application thereof is held invalid, such invalidity
shall not affect he other provision or applications of
this Ordinance which can be given effect without the
invalid provisions or applications, and to this end,
the provisions of this Ordinance are hereby declared
severable.
Section 4 . This Ordinance shall be codified and made
a part of the Official Code of Ordinances of the Village
of Tequesta.
Section 5 . This Ordinance shall take effect immediately
upon its approval and passage provided by law.
THE FOREGOING ORDINANCE WAS OFFERED by Councilmember
, who moved its adoption.
The Ordinance was seconded by Councilmember
, and upon being put to a
vote the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed
and adopted this day of
1989 .
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Bill C. Kascavelis
Village Clerk