HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_1/16/2025 Agenda Item #2.
Local Planning Agency
STAFF MEMO
Meeting: Local Planning Agency - Jan 16 2025
Staff Contact: Wayne Cameron Department: Building
Ordinance 1-25: An Ordinance Amending The Permissible Hours For Construction In the Village
SUMMARY:--,-..'
The Building Department has been tasked with reviewing the permissible hours of construction within
the Village. Section 30-361 (b) (10) currently allows building construction to occur between the hours
of 7:00 a.m. and 6:00 p.m. on weekdays and Saturdays. Ordinance 1-25 proposes to limit the hours
of construction on Saturdays to 8:00 a.m. and 5 p.m.
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Ordinance 01-25
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Agenda Item #2.
ORDINANCE NO. 01-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE TEQUESTA CODE OF
ORDINANCES AT CHAPTER 30. ENVIRONMENTAL CONTROL.
ARTICLE X. NOISE. SEC. 30-361. PROHIBITED NOISE GENERALLY.
TO REVISE THE PERMISSIBLE HOURS FOR CONSTRUCTION AND
OTHER NOISE GENERATING ACTIVITY ON SATURDAYS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 30. ENVIRONMENTAL CONTROL.
ARTICLE X. NOISE. SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council has determined that it is in the public interest to
amend the Village's current noise code to revise the hours during which construction
activities are permitted; and
WHEREAS, in making such code amendments, it is the intent of the Village
Council to balance the need for reasonable regulations that allow construction activity to
take place, with the ability of Village residents to quietly enjoy their residences and
properties; and
WHEREAS, the Village Council has considered the code revisions proposed in
this ordinance as well as the recommendations from the Village Building Official and
other staff members, and desires to adopt the recommended code amendments in
order to protect and preserve the health, safety, and welfare of the residents of the
Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED by the Village Council of the Village of
Tequesta, Florida that:
Section 1: The foregoing recitals and findings of fact are hereby ratified and
incorporated as the legislative intent of this Ordinance.
Section 2: Chapter 30. Environmental Control; Nuisances. of the Code of
Ordinances of the Village of Tequesta is hereby amended at Article X. Noise. by
updating allowed constructions hours; providing that Chapter 30, Article X. Noise shall
hereafter read as follows:
Chapter 30. ENVIRONMENTAL CONTROL; NUISANCES
ARTICLE X. NOISE
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Agenda Item #2.
DIVISION 1. GENERALLY
Sec. 30-361. Prohibited noise generally.
(a) It shall be unlawful for any person to make, continue, or cause to be made or
continued any excessive, unnecessary or unusually loud noise, or any noise which
either annoys, disturbs, injures or endangers the comfort, repose, health, peace or
safety of others, within the village, as prohibited in subsection (b) of this section and
division 2 of this article.
(b) The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this article, but such enumeration shall not be
deemed to be exclusive:
(1) Horns, signaling devices, etc. The sounding of any horn or signaling device on
any automobile, motorcycle or other vehicle on any street or public place of the
village 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 an unnecessary and unreasonable period of time; or the
use of any signaling device except one operated by hand or electricity, the use
of any horn, whistle or other device operated by engine exhaust, and the use of
any such signaling device when traffic is for any reason held up.
(2) Radios, phonographs, etc. Using, operating, or permitting to be played, used or
operated any radio receiving set, musical instrument, phonograph, 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
persons who are in the room, vehicle or chamber in which such machine or
device is operated and who are voluntary listeners thereto. The operation of
any such set, instrument, phonograph, machine or device between the hours of
11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
Tequesta,Florida,Code of Ordinances Created: 2024-11-25 15:05:23 [EST]
(Supp. No.38,Update 1)
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Agenda Item #2.
distance of 50 feet from the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(3) Use of loudspeakers or amplifiers for advertising. The using, operating, or
permitting to be played, used, or operated of any radio receiving set, musical
instrument, phonograph, loudspeaker, sound amplifier, or other machine or
device for the producing or reproducing of sound which is used upon the public
streets for the purposes of commercial advertising or attracting the attention of
the public to any building or structure.
(4) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the
public streets, particularly between the hours of 11:00 p.m. and 7:00 a.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 persons in the vicinity.
(5) Animals, birds, etc. The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort or repose of any
persons in the vicinity.
(6) Steam whistles. The blowing of any locomotive steam whistle or steam whistle
attached to any stationary boiler except to give notice of the time to begin or
stop work or as a warning of fire or danger, or upon request of proper village
authorities.
(7) Exhausts. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motorboat, or motor vehicle except
through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
(8) Defect in vehicle or load. The use of any automobile, motorcycle, or vehicle so
out of repair, so loaded or in such manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
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Agenda Item #2.
(9) Loading, unloading or opening boxes. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening and
destruction of bales, boxes, crates, and containers.
(10) Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building other than between the hours of
7:00 a.m. and 6:00 p.m. on weekdays, and between the hours of 8:00 a.m. and
5 p.m. on Saturdays, except in case of urgent necessity in the
interest of public health and safety, and then only with a permit from the
building official, which permit may be granted for a period not to exceed three
days or less while the emergency continues and which permit may be renewed
for periods of three days or less while the emergency continues. If the building
official should determine that the public health and safety will not be impaired
by the erection, demolition, alteration or repair of any building or the excavation
of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he
shall further determine that loss or inconvenience would result to any party in
interest, he may grant permission for such work to be done within the hours of
6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for
the work is awarded or during the progress of the work.
(11) Creation of noise near schools, courts, churches or hospitals. The creation of
any excessive noise on any street adjacent to any school, institution of
learning, church or court while the same is in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution, or which
disturbs or unduly annoys patients in the hospital, provided conspicuous signs
are displayed in such streets indicating that the street is a school, hospital or
court street.
(12)Hawkers and peddlers. The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the neighborhood.
(13)Drums. The use of any drum or other instrument or device for the purpose of
attracting attention by creation of noise to any performance, show or sale.
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Agenda Item #2.
(14) Transportation of metal rails, pillars and columns. The transportation of rails,
pillars or columns of iron, steel, or other material over and along streets and
other public places upon carts, drays, cars, trucks, or in any other manner so
loaded as to cause loud noises or as to disturb the peace and quiet of such
streets or other public places.
(15)Piledrivers, hammers, etc. The operation �A11QiQn +ho he,,rs of A:nn r.rr,.
7:W Wnn %a-4 of any piledriver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist or other appliance, the use of which is attended by loud or
unusual noise is permitted between 7:00 a.m. and 6:00 p.m. on weekdays, and
between the hours of 8:00 a.m. and 5:00 p.m. on Saturday. Such activity is
prohibited at all other times. In all districts, when such activity is permitted, it
shall not produce around vibration that is noticeable without the use of
measurina instruments at the lot line of the premises on which the activity is
occurring.
(16)Blowers. The operation of any noise-creating blower or power fan or any
internal combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise from such blower or fan
is muffled and such engine is equipped with a muffler device sufficient to
deaden such noise.
Section 3: Each and every other Section and Subsection of Chapter 30.
Environmental Control; Nuisances. Article X Noise. shall remain in full force and effect
as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
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Agenda Item #2.
Created: 2024-11-25 15:05:23 [EST]
(Supp. No.38,Update 1)
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