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HomeMy WebLinkAboutOrdinance_01-25_3/13/2025 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 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 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. (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 o.m. on g 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. (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 700 a:Fn. 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 othertimes. In all districts, when such activity is permitted, it shall not produce ground vibration that is noticeable without the use of measuring 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. BUSINESS IMPACT ESTIMATE As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact Estimate" is provided for Ordinance No. 01-25: 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. Part I. Summary of the proposed ordinance and statement of public purpose: Ordinance 01-25 revises hours for construction activity that generates loud noise and changes the permissible hours for such noise generating work on Saturdays. Part II. Estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the Village of Tequesta: a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed ordinance is enacted: None. The ordinance does not prohibit noise generating construction work on Saturday; it only shifts the permissible hours in conformance with neighboring jurisdictions. b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or for which businesses will be financially responsible: None. There are no fees associated with the proposed Ordinance. c. An estimate of the Village of Tequesta's regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. None. The Village of Tequesta will incorporate the ordinance into its existing Code Enforcement activities, and as such any costs are minimal, if any. Violators will be subject to code enforcement fines in accordance with the Village Code and Florida Statutes. Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance: None. Part IV. Additional Information (if any): None. ORDINANCE DATE F01-25 03/13/25 MOTION Council Member Laurie Brandon SECOND Council Member Patrick Painter FOR AGAINST ABSENT CONFLICT Mayor Molly Young 71 Vice-Mayor Rick Sartory 0 Council Member Laurie Brandon 0✓ Council Member Patrick Painter 0 Council Member Jayson E. French 0 The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: MollyY P.?E:..OF. T RPQq* ry :Q'- ,: S �G' ATTEST: = �C C :N= //1/ 0RPo qTF Lori McWilliams, MMC Village Clerk