HomeMy WebLinkAboutOrdinance_19-13_08/08/2013 ORDINANCE NO. 19-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 30. ENVIRONMENT, BY RENAMING
THIS CHAPTER `ENVIRONMENTAL CONTROL; NUISANCES" AND
BY CLARIFYING CERTAIN LANGUAGE, PROVIDING FOR
INTERNAL CONSISTENCY; REVISING MAXIMUM HEIGHT FOR
EXCESSIVE WEEDS; UPDATING ENFORCEMENT PROCEDURES IN
CONFORMANCE WITH THE VILLAGE'S CODE ENFORCEMENT
PROCESS; RELOCATING VEGETATION OBSTRUCTION
REGULATIONS TO CHAPTER 50; RELOCATING CONSTRUCTION
DEBRIS AND CONSTRUCTION SITE MAINTENANCE REGULATIONS
TO CHAPTER 14; REVISING ABATEMENT PROCEDURES RELATED
TO CERTAIN PRIVATE PROPERTY VIOLATIONS; AND UPDATING
NOISE ENFORCEMENT REGULATIONS IN ACCORDANCE WITH
RECENT CHANGES TO THE LAW; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 30.
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 of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 30. by renaming this Chapter "Environmental Control;
Nuisances" and by clarifying certain language, providing for internal consistency, revising the
maximum height for excessive weeds, updating enforcement procedures in conformance with the
village's code enforcement process; relocating vegetation obstruction regulations to Chapter 50;
relocating construction debris and construction site maintenance regulations to Chapter 14;
revising abatement procedures related to certain private property violations; and updating noise
enforcement regulations in accordance with recent changes to the law; and
WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the
Village amend its code as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
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Section 1: Chapter 30. Environment. of the Code of Ordinances of the Village of
Tequesta is hereby amended by renaming this Chapter "Environmental Control; Nuisances" and
by clarifying certain language, providing for internal consistency, revising the maximum height
for excessive weeds, updating enforcement procedures in conformance with the village's code
enforcement process; relocating vegetation obstruction regulations to Chapter 50; relocating
construction debris and construction site maintenance regulations to Chapter 14; revising
abatement procedures related to certain private property violations; and updating noise
enforcement regulations in accordance with recent changes to the law; providing that Chapter 30
shall hereafter read as follows:
Chapter 30
ENVIRONMENTAL CONTROL; NUISANCES
ARTICLE I. - IN GENERAL
Secs. 30- 1- 30 -30. - Reserved.
Secs. 30-1-30-30. - Reserved.
ARTICLE U. - ACCUMULATIONS OF WEEDS AND OTHER PLANTS
Sec. 30 -31. Findings.
Sec. 30 -32. - Excessive accumulations prohibited; declaration of nuisance.
Sec. 30 -33. - Prohibited conditions.
Sec. 30 -34. – Violations; enforcement; abatement
Sec. 30 -35. - Abatement by village.
Secs. 30 -36 - 30 -60. - Reserved.
Sec. 30 -31. - Findings.
The village council finds and determines that the continuous growth of the village
requires the reasonable and effective control of the growth and accumulation of weeds,
undergrowth, and other plant life to prevent adverse affects on the economic welfare of
adjacent property and to protect the public health by preventing infestation by rodents
and other wild animals and the breeding of mosquitoes and vermin.
Sec. 30 -32. - Excessive accumulations prohibited; declaration of nuisance.
The existence of excessive accumulations or of untended growth of weeds,
undergrowth, or other dead or living plant life, as defined in this article, upon any lot,
tract or parcel of land, improved or unimproved to the extent and in such manner that the
lot, tract or parcel of land becomes or may reasonably become infested with rodents,
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vermin, or wild animals, or may become a breeding place for such, or in any other way
threatens the public health, safety and welfare, or which may reasonably cause disease or
adversely affects and impairs the economic welfare of adjacent property, is hereby
prohibited and declared to be a public nuisance.
Sec. 30 -33. - Prohibited conditions.
(a) It shall be unlawful for the owner of any lot, parcel or tract of land with or without
improvements constructed thereon within the village to permit grass, weeds, or
undergrowth to grow thereon to a height of eight (8) inches or more from the
ground.
(b) It shall be unlawful for the owner of any lot, parcel or tract of land whether with
or without improvements constructed thereon within the village to permit rubbish,
trash, debris, dead trees or other unsanitary or unsightly conditions to remain on
the premises.
(c) It shall be unlawful for the owner of any lot, parcel or tract of land with
improvements constructed thereon within the village to permit the existence of
depressions or excavations or any other condition on such premises thereon in
which water may accumulate in such a manner or fashion to make possible the
propagation of mosquitoes therein.
(d) It shall be unlawful for the owner of any lot, parcel or tract of land whether there
are improvements and construction thereon or not to permit rubbish, trash, debris,
dead trees or other unsanitary or unsightly conditions to remain on the premises.
(e) If properties are protected under chapter 50, article 11, pertaining to
environmentally sensitive lands, they shall be exempted from those provisions of
this section which require the removal of weeds, grass and undergrowth where it
is determined by the village that to remove such weeds, grass and undergrowth
will be in violation of cha tep r 50, article lI.
Sec. 30 -34. — Violations; enforcement; abatement
(a) Violations of this Article may be brought before the code enforcement special magistrate
pursuant to Chapter 2, Article N.
(b) The special magistrate may order the violator to remedy or abate the violation, and order
any other lawful relief as he may see fit, including, but not limited to authorizing the village to
enter the property and abate if such violation is determined to be a threat to the public health,
safety and welfare without further notice to the violator. The cost of any abatement action
taken by the village, plus administrative charges, may be recorded as a lien against the property.
(c) Nothing contained in this article shall preclude the village from pursuing any other remedy
permitted by law or equity to enforce the provisions of this article.
Sec. 30 -35. - Abatement by village.
Upon an order from the special magistrate authorizing the village to enter the
property and abate the violation, the village manager shall have the violation abated,
either by contract, or direct labor, or by a combination of both methods.
Secs. 30-36 - 30-60. - Reserved.
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ARTICLE III. – RESERVED
[move to ch. 50, art. VII, div.11
ARTICLE IV. - LITTERING
DIVISION 1. - GENERALLY
Sec. 30 -91. - Prohibited.
Sec. 30 -92. - Florida Litter Law ado tp ed.
Secs. 30 -93 -30 -110. - Reserved.
Sec. 30-91. - Prohibited.
It shall be unlawful for any person to dump or cause to be dumped or place or
cause to be placed any litter of any kind whatsoever upon the public streets within the
village or along the right -of -way of the public streets within the village or upon any
public easements or other public property.
Sec. 30 -92. - Florida Litter Law adopted.
The village hereby adopts the provisions of F.S. § 403.413, which is known as the
Florida Litter Law, including but not limited to the penalties provided and contained
therein.
Secs. 30 -93-30 -110. - Reserved.
DIVISION 2. - DUMPING DEBRIS, GARBAGE OR TRASH
Sec. 30 -111. - Prohibited.
Sec. 30 -112. - Exceptions.
Sec. 30 -113. - Removal of prohibited materials.
Sec. 30 -114. - Violations; enforcement.
Secs. 30- 115 -30 -140. - Reserved.
Sec. 30 -111. - Prohibited.
It shall be unlawful for any person or agent or representative thereof to dump or
caused to be dumped upon any lot, parcel of land, dumpster or other material receptacle
within the village any sand, rocks, debris, including garbage and trash, or spoil, except as
otherwise provided in this division.
Sec. 30 -112. - Exceptions.
The prohibition set forth in section 30 -111 shall not apply to:
(1) The dumping of building materials or landfill for the specific use of
construction or fill upon the lot onto which such materials are dumped.
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(2) The dumping of materials, otherwise prohibited by the terms of this article,
onto lots or parcels of land where such materials are to be used or stored as an
accessory use to the primary business located on the parcel of land. Such
materials, however, shall be enclosed on four sides by a reinforced concrete
retaining wall constructed to a height equal to or in excess of the accumulation
of the sand, rocks, debris or spoil maintained or located on the property.
(3) The dumping of materials where a permit for such dumping is granted by the
village, upon application where good cause is shown for the granting of the
permit and where the granting of the permit will not be adverse to the public
interest.
(4) The dumping of materials, otherwise prohibited by the terms of this article, by
a person within an approved location, dumpster or other approved material
receptacle under the ownership and control of the person dumping the
materials. Dumping of such materials shall be done pursuant to all applicable
laws, rules and regulations and any terms and conditions of applicable rental
or lease agreements for usage of dumpsters or other approved material
receptacles.
(5) The dumping of materials, otherwise prohibited by the terms of this article, by
any person or agent or representative thereof within a dumpster or other
material receptacle under the control or ownership of another person when
express permission is given as evidenced by presentation of a lease agreement
authorizing such dumping or other written permission of the person having
ownership or control of the dumpster or other material receptacle.
Sec. 30 -113. - Removal of prohibited materials.
It shall be unlawful to cause to remain upon any lot or parcel of land within the
village, subject, however, to the exceptions set forth in section 30 -112, any sand, rocks,
debris or spoil, and it shall be the responsibility of the owner of the property upon which
such materials are maintained in violation of the terms of this article to remove such
materials from the property.
Sec. 30 -114. - Violations; enforcement.
Violations of this article may be brought before the code enforcement special
magistrate pursuant to Chapter 2, Article IV. Each day that the storage and maintenance
of the materials prohibited in this article continues, in violation of section 30 -113, shall
constitute a separate violation. Nothing contained in this article shall preclude the village
from pursuing any other remedy permitted by law or equity to enforce the provisions of
this article.
Secs. 30- 115-30 -140. - Reserved.
DIVISION 3. - RECYCLING BINS AND CONTAINERS
Sec. 30 -141. - Removing or disturbing materials; removing or damaging containers.
Secs. 30- 142 -30 -170. - Reserved.
Sec. 30 -141. - Removing or disturbing materials; removing or damaging containers.
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It is unlawful for any unauthorized person to remove articles or to otherwise
disturb materials in the village's recycling bins or to remove, damage or destroy such
recycling bins. It shall be unlawful for any unauthorized person or agent to remove
articles or otherwise disturb materials in curbside recycling containers, or to remove,
damage or destroy curbside recycling containers.
Sees. 30- 142 -30 -170. - Reserved.
ARTICLE V. - TOXIC AND HAZARDOUS MATERIALS
Sec. 30 -171. - Purpose.
Sec. 30 -172. – Violations; enforcement.
Sec. 30 -173. – Reserved.
Sec. 30 -174. - Prohibited disposal.
Sec. 30 -175. - Amnesty rrooaram.
Secs. 30- 176-30 -200. - Reserved.
Sec. 30 -171. - Purpose.
It is the intent of the village to properly regulate the use, handling, storage and
disposal of toxic and hazardous substances and materials within the village and to
provide periodic relief in the form of an amnesty program in order to allow residents to
properly dispose of toxic and hazardous substances and materials.
Sec. 30 -172. – Violations; enforcement
It is unlawful to violate the provisions of this article. Violations of this article
may be brought before the code enforcement special magistrate pursuant to Chapter 2,
Article IV. Each day such violation continues shall be considered a separate offense.
Nothing contained in this article shall preclude the village from pursuing any other
remedy permitted by law or equity to enforce the provisions of this article.
Sec. 30 -173. – Reserved
Sec. 30 -174. - Prohibited disposaL
It shall be unlawful to dispose of toxic and hazardous substances and materials, as
identified in the generic substances list in this section, into garbage, refuse, and/or trash,
or upon the ground, in all districts within the corporate limits of the village.
GENERIC SUBSTANCES LIST
Acid and basic cleaning solutions.
Antifreeze and coolants.
Arsenic and arsenic compounds.
Bleaches, peroxides.
Brake and transmission fluids.
Brine solution.
Casting and foundry chemicals.
Caulking agents and sealants.
Cleaning solvents.
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Corrosion and rust prevention solutions.
Cutting fluids.
Degreasing solvents.
Disinfectants.
Electroplating solutions.
Explosives.
Fertilizers.
Fire extinguishing chemicals.
Food processing wastes.
Formaldehyde.
Fuels and additives.
Glues, adhesives and resins.
Greases.
Hydraulic fluid.
Indicators.
Industrial and commercial janitorial supplies.
Industrial sludges and stillbottoms.
Inks, printing and photocopying chemicals.
Laboratory chemicals.
Liquid storage batteries.
Medical, pharmaceutical, dental, veterinary and hospital solutions.
Mercury and mercury compounds.
Metals finishing solutions.
Oils.
Paints, primers, thinners, dyes, stains, wood preservatives, varnishing and
cleaning compounds.
Painting solvents.
PCBs.
Pesticides and herbicides.
Plastic resins, plasticizers and catalysts.
Photo development chemicals.
Poisons.
Polishes.
Pool chemicals.
Processed dust and particulates.
Radioactive sources.
Reagents and standards.
Refrigerants.
Roofing chemicals and sealers.
Sanitizers, disinfectants, bactericides and algaecides.
Soaps, detergents and surfactants.
Solders and fluxes.
Stripping compounds.
Tanning industry chemicals.
Transformer and capacitor oils /fluids.
Water and wastewater treatment chemicals.
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Sec. 30 -175. - Amnesty program.
The village shall cooperate with the village's solid waste purveyor, the county
solid waste authority, and any other applicable environmental agencies to provide a
location for its residents to properly dispose of toxic and hazardous substances and
materials. As part of its cooperation, the village shall endeavor to notify its residents of
the location and times that the amnesty program will operate.
Secs. 30- 176 -30 -200. - Reserved.
ARTICLE VI. - COMPOSTING
Sec. 30 -201. - Definition.
Sec. 30 -202. – Violations; enforcement.
Sec. 30 -203. - Restrictions.
Secs. 30- 204-30 -230. - Reserved.
Sec. 30 -201. - Definition.
For purposes of this article, composting is defined as the accumulation of leaves,
pine needles, twigs, grass, weeds, vegetative debris, dead trees and other wastes
generated by vegetation or landscape, that become decomposed as a result of the
breakdown of the organic materials by bacteria, fungi, worms and other organisms.
Sec. 30 -202. - Violations; enforcement.
Violations of this article may be brought before the code enforcement special
magistrate pursuant to Chapter 2, Article IV. Each day such violation continues shall be
considered a separate offense. Nothing contained in this article shall preclude the village
from pursuing any other remedy permitted by law or equity to enforce the provisions of
this article.
Sec. 30 -203. - Restrictions.
Owners of real property within the village shall be permitted to engage in
composting activities on their property provided such owners comply with the following
restrictions:
(1) All composting materials shall be kept in a compost bin located on the
property which shall not exceed four feet in height and/or four feet in
width and/or five feet in length. The bins shall be manufactured plastic
mold units referred to as plastic open air bins identified on exhibit A
attached to Ordinance No. 471, which is on file in the village clerk's
office.
(2) Composting material shall not be permitted to exist on any property within
the village except within a compost bin as described in subsection (1) of
this section.
(3) Not more than two compost bins shall be permitted for each residence
within the village. The bins shall be located within the rear yard so as not
to be visible from a public street and shall be located within the setbacks
applicable to the zoning district in which they are located.
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(4) The composting of trash, debris or waste generated by products used for
human consumption shall be prohibited.
Secs. 30- 204 --30 -230. - Reserved.
ARTICLE VII. – RESERVED
[move to ch.141
ARTICLE VIII. – RESERVED
[move to ch.141
ARTICLE IX. - LOST, ABANDONED OR JUNKED PROPERTY
DIVISION 1. - GENERALLY
Sec. 30 -291. - Definitions.
Sec. 30 -292. - Enforcement officers.
Secs. 30-293-30-3 10. - Reserved.
Sec. 30 -291. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abandoned property means all tangible personal property that does not have an
identifiable owner and that has been disposed on public property in a wrecked,
inoperative, or partially dismantled condition or has no apparent intrinsic value to the
rightful owner. Vessels determined to be derelict by the state fish and wildlife
conservation commission or a county or municipality in accordance with the provisions
of F. S. § 823.11 are included within this definition.
Law enforcement officer means any person who is elected, appointed, or
employed full -time by any sheriff, any municipality, or the state or any political
subdivision thereof; who is vested with authority to bear arms and make arrests; and
whose primary responsibility is the prevention and detection of crime or the enforcement
of the penal, criminal, traffic, or highway laws of the state. This definition includes all
certified supervisory and command personnel whose duties include, in whole or in part,
the supervision, training, guidance, and management responsibilities of full -time law
enforcement officers or auxiliary law enforcement officers, but does not include support
personnel employed by the employing agency.
Lost property means all tangible personal property which does not have an
identifiable owner and which has been mislaid on public property, upon a public
conveyance, on premises used at the time for business purposes, or in parks, places of
amusement, public recreation areas, or other places open to the public in a substantially
operable, functioning condition or which has an apparent intrinsic value to the rightful
owner.
Public property means lands and improvements owned by the federal
government, the state, the county, or a municipality and includes sovereignty submerged
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lands located adjacent to a county or municipality, buildings, grounds, parks,
playgrounds, streets, sidewalks, parkways, rights -of -way, and other similar property.
Unclaimed evidence means any tangible personal property, including cash, not
included within the definition of "contraband article," as provided in F.S. § 932.701(2),
which was seized by a law enforcement agency, was intended for use in a criminal or
quasicriminal proceeding, and is retained by the law enforcement agency or the clerk of
the county or circuit court for 60 days after the final disposition of the proceeding and to
which no claim of ownership has been made.
Sec. 30 -292. - Enforcement officers.
Employees of the village whose duty it is to ensure code compliance or enforce
codes and ordinances may be designated by the village council to administer the
provisions of this article which pertain to lost or abandoned property. Designation of such
employees shall not provide the employees with the authority to bear arms or make
arrests.
Secs. 30- 293 -30 -310. - Reserved.
DIVISION 2. - LOST AND ABANDONED PROPERTY ON PUBLIC PROPERTY
Sec. 30 -311. - Reporting of lost or abandoned property.
Sec. 30 -312. - Procedure for sale or other disposition.
Sec. 30 -313. - Title to lost or abandoned property.
Secs. 30- 314-30 -330. - Reserved.
Sec. 30 -311. - Reporting of lost or abandoned property.
(a) Whenever any person finds any lost or abandoned property, such person shall report
the description and location of the property to a law enforcement officer.
(b) The law enforcement officer taking the report shall ascertain whether the person
reporting the property wishes to make a claim to it if the rightful owner cannot be
identified or located. If the person does wish to make such claim, he shall deposit
with the law enforcement agency a reasonable sum sufficient to cover the agency's
cost for transportation, storage, and publication of notice. This sum shall be
reimbursed to the finder by the rightful owner should he identify and reclaim the
property.
(c) It is unlawful for any person who finds any lost or abandoned property to appropriate
the property to his own use or to refuse to deliver the property when required.
(d) Any person who unlawfully appropriates such lost or abandoned property to his own
use or refuses to deliver such property when required commits theft as defined in F.S.
§ 812.014, punishable as provided in F.S. § 775.082, 775.083, or 775.084.
Sec. 30 -312. - Procedure for sale or other disposition.
(a) Whenever a law enforcement officer ascertains that an article of lost or abandoned
property is present on public property and is of such nature that it can be easily
removed, the officer shall take such article into custody and shall make a reasonable
attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this
section.
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(b) Whenever a law enforcement officer ascertains that an article of lost or abandoned
property is present on public property and is of such nature that it cannot be easily
removed, the officer shall cause a notice to be placed upon such article in
substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to wit: (setting forth brief description)
is unlawfully upon public property known as (setting forth brief description of
location) and must be removed within five days; otherwise, it will be removed and
disposed of pursuant to chapter 705, Florida Statutes. The owner will be liable for
the costs of removal, storage, and publication of notice. Dated this: (setting forth
the date of posting of notice), signed: (setting forth name, title, address, and
telephone number of law enforcement officer).
Such notice shall be not less than eight inches by ten inches and shall be sufficiently
weatherproof to withstand normal exposure to the elements. In addition to posting, the
law enforcement officer shall make a reasonable effort to ascertain the name and address
of the owner. If such is reasonably available to the officer, he shall mail a copy of such
notice to the owner on or before the date of posting. If the property is a motor vehicle as
defined in F.S. § 320.01(1) or a vessel as defined in F.S. § 327.02, the law enforcement
agency shall contact the state department of highway safety and motor vehicles in order
to determine the name and address of the owner and any person who has filed a lien on
the vehicle or vessel as provided in F.S. § 319.27(2) or (3) or F.S. § 328.15(1). On receipt
of this information, the law enforcement agency shall mail a copy of the notice by
certified mail, return receipt requested, to the owner and to the lienholder, if any. If, at the
end of five days after posting the notice and mailing such notice, if required, the owner or
any person interested in the lost or abandoned article described has not removed the
article from public property or shown reasonable cause for failure to do so, the following
shall apply:
(1) For abandoned property, the law enforcement agency may retain any or all of
the property for its own use or for use by the state or unit of local government,
trade such property to another unit of local government or state agency,
donate the property to a charitable organization, sell the property, or notify the
appropriate refuse removal service.
(2) For lost property, the officer shall take custody and the agency shall retain
custody of the property for 90 days. The agency shall publish notice of the
intended disposition of the property, as provided in this section, during the
first 45 days of this time period.
a. If the agency elects to retain the property for use by the unit of
government, donate the property to a charitable organization, surrender
such property to the finder, sell the property, or trade the property to
another unit of local government or state agency. Notice of such
election shall be given by an advertisement published once a week for
two consecutive weeks in a newspaper of general circulation in the
county if the value of the property is more than $100.00. If the value of
the property is $100.00 or less, notice shall be given by posting a
description of the property at the law enforcement agency where the
property was turned in. The notice must be posted for not less than two
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consecutive weeks in a public place designated by the law enforcement
agency. The notice must describe the property in a manner reasonably
adequate to permit the rightful owner of the property to claim it.
b. If the agency elects to sell the property, it must do so at public sale by
competitive bidding. Notice of the time and place of the sale shall be
given by an advertisement of the sale published once a week for two
consecutive weeks in a newspaper of general circulation in the county.
The notice shall include a statement that the sale shall be subject to
any and all liens. The sale must be held at the nearest suitable place to
that where the lost or abandoned property is held or stored. The
advertisement must include a description of the goods and the time and
place of the sale. The sale may take place no earlier than ten days after
the final publication. If there is no newspaper of general circulation in
the county, the advertisement shall be posted at the door of the
courthouse and at three other public places in the county at least ten
days prior to sale. Notice of the agency's intended disposition shall
describe the property in a manner reasonably adequate to permit the
rightful owner of the property to identify it.
(c) If the property is sold at public sale pursuant to subsection (b)(2)b of this section, the
agency shall deduct from the proceeds the costs of transportation, storage, and
publication of notice, and any balance of proceeds shall be deposited into an interest -
bearing account not later than 30 days after the date of the sale and held there for one
year. The agency shall provide a bill of sale clearly stating that the sale is subject to
any and all liens. The rightful owner of the property may claim the balance of the
proceeds within one year from the date of this stated deposit by making application to
the agency. If no rightful owner comes forward with a claim to the property within
the designated year, the balance of the proceeds shall be deposited in the general
fund.
(d) The owner of any abandoned or lost property who, after notice as provided in this
section, does not remove such property within the specified period shall be liable to
the law enforcement agency for all costs of removal, storage, and destruction of such
property, less any salvage value obtained by disposal of the property. Upon final
disposition of the property, the law enforcement officer shall notify the owner, if
known, of the amount owed. In the case of an abandoned boat or motor vehicle, any
person who neglects or refuses to pay such amount is not entitled to be issued a
certificate of registration for such boat or motor vehicle, or any other boat or motor
vehicle, until such costs have been paid. The law enforcement officer shall supply the
state department of highway safety and motor vehicles with a list of persons whose
boat registration privileges or whose motor vehicle privileges have been revoked
under this subsection. Neither the department nor any other person acting as agent
thereof shall issue a certificate of registration to a person whose boat or motor vehicle
registration privileges have been revoked, as provided by this subsection, until such
costs have been paid.
(e) Whoever opposes, obstructs, or resists any law enforcement officer or any person
authorized by the law enforcement officer in the discharge of his duties as provided in
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this section, upon conviction, is guilty of a misdemeanor of the second degree,
punishable as provided in F.S. § 775.082 or 775.083.
(f) Any law enforcement officer or any person authorized by the law enforcement officer
is immune from prosecution, civil or criminal, for reasonable, good faith trespass
upon real property while in the discharge of duties imposed by this section.
(g) The rightful owner shall be liable for the law enforcement agency's costs for
transportation and storage of lost or abandoned property and the agency's cost for
publication of notice of disposition of lost property. If the rightful owner does not pay
such costs within 30 days of making claim to the property, title to the property shall
vest in the law enforcement agency.
Sec. 30 -313. - Title to lost or abandoned property.
(a) Title to lost or abandoned property is hereby vested in the finder upon the expiration
of the 90 -day custodial time period specified in section 30- 312(b)(2), provided the
notice requirements of section 30 -312 have been met, unless the rightful owner or a
lienholder claims the property within that time.
(b) Employees of any village agency shall be deemed agents of the village, and lost or
abandoned property found by them during the course of their official duties shall be
turned in to the proper person or department designated to receive such property by
the village. Such property shall be subject to the provisions of this division, after
which, if unclaimed by the rightful owner, the title to such property shall be vested in
the village and not in the employee.
(c) Employees of public transportation systems shall be deemed agents of such
transportation systems, and lost or abandoned property found on public conveyances,
in depots, or in garages of a transportation system shall be turned in to the proper
person or department designated to receive such property by the transportation
systems. Such property shall be subject to the provisions of this division, after which,
if unclaimed by the rightful owner, the title to such property shall be vested in the
transportation system and not in the employee.
Secs. 30- 314 --30 -330. - Reserved.
DIVISION 3. - ABANDONED OR WRECKED PROPERTY ON PRIVATE PROPERTY
Sec. 30 -331. - Prohibited; declaration of nuisance; exceptions.
Sec. 30 -332. - Responsibility for removal.
Sec. 30 -333. — Violations; enforcement; abatement.
Sec. 30 -334. — Reserved.
Sec. 30 -335. — Reserved.
Sec. 30 -336. — Disposition of abated items.
Secs. 30 -337 -30 -360. - Reserved.
Sec. 30 -331. - Prohibited; declaration of nuisance; exceptions.
(a) No person shall park, store, leave or permit the parking, storing or leaving of any
motor vehicle of any kind or of any trailer, boat, bicycle, machinery, refrigerator,
washing machine, plumbing fixture, furniture or other similar articles which are in an
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abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled
condition, whether attended or not, upon any private property within the village for a
period of time in excess of 72 hours. The presence of an abandoned, wrecked,
dismantled, inoperative, rusted, junked or partially dismantled vehicle or article
described in this section on private property is hereby declared a public nuisance
which may be abated as such in accordance with the provisions of this division.
(b) This section shall not apply to any vehicle or article described in this section which is
completely enclosed within a building on private property or to any such property
held in connection with a business enterprise lawfully licensed by the village and
properly operated in the appropriate business zone pursuant to the zoning laws of the
village.
Sec. 30 -332. - Responsibility for removal.
Upon proper notice and opportunity to be heard, the owner of the abandoned,
wrecked, dismantled or inoperative vehicle or property and the owner or occupant of the
private property on which the same is located, either or all of them, shall be responsible
for its removal. Any order of the code enforcement special magistrate shall so state.
Sec. 30 -333. — Violations; enforcement; abatement.
(a) Violations of this article may be brought before the code enforcement special
magistrate pursuant to Chapter 2, Article IV. Each day such violation continues shall
be considered a separate offense.
(b) The special magistrate may order the violator to remedy or abate the violation, and
order any other lawful relief as he may see fit, including, but not limited to
authorizing the village to enter the property and abate the violation if such violation is
determined to be a threat to the public health, safety and welfare without further
notice to the violator. The cost of any abatement action taken by the village, plus
administrative charges, may be recorded as a lien against the property.
(c) Nothing contained in this article shall preclude the village from pursuing any other
remedy permitted by law or equity to enforce the provisions of this article.
Sec. 30 -334. — Reserved.
Sec. 30 -335. — Reserved
Sec. 30 -336. - Disposition of abated items.
Should the village, pursuant to an order of the special magistrate, abate a health,
safety, welfare violation and as a result, take custody of any personal property and place
or store same on village lands, such property shall be treated as abandoned property
pursuant to division 2 of this article. All costs incurred by the village from bringing a
code enforcement case and abating the violation must be paid prior to release of the
property to the owner.
Secs. 30 -337 - 30 -360. - Reserved.
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ARTICLE X. - NOISE
DIVISION 1. - GENERALLY
Sec. 30 -361. - Prohibited noise generally.
Secs. 30- 362 -30 -380. - Reserved.
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 am, 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.
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(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 including 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
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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 between the hours of 6:00 p.m.
and 7:00 a.m. 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.
(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.
Secs. 30- 362-30 -380. - Reserved.
DIVISION 2. - MAXIMUM SOUND LEVELS
Sec. 30 -381. - Definitions.
Sec. 30 -382. - Tests for unlawful noise.
Sec. 30 -383. - Noise limits by use districts.
Sec. 30 -384. - Motorized vehicles.
Sec. 30 -385. - Enclosed places of public entertainment.
Sec. 30 -386. - Aircraft.
Sec. 30 -387. - Exetn tip ons.
Sec. 30 -388. - Special permit.
Secs. 30- 389-30 -410. - Reserved.
Sec. 30 -381. - Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A band level means the total sound level of all noise measured with a sound level
using the A- weighting network. The unit of measurement is the dB(A).
Ambient noise means the all- encompassing noise associated with a given
environment, being usually a composite of sounds from many sources, near and far.
Bel is a unit of level when the base of logarithm is ten. Use of the bel is restricted
to levels of quantities proportional to power.
Decibel is one -tenth of a bel and is a unit of level when the base of the logarithm
is the ten root of ten, and the quantities concerned are proportional to power.
Emergency work means work made necessary to restore property to a safe
condition following a public calamity or work required to protect persons or property
from an imminent exposure to danger.
Microbar is a unit of pressure commonly used in acoustics and is equal to one
dyne per square centimeter.
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Period of a periodic quantity means the smallest increment of time for which the
function repeats itself
Periodic quantity means an oscillating quantity, the values of which recur for
equal increments.
Sound level meter means an instrument including a microphone, an amplifier, an
output meter, and frequency weighting networks for the measurement of noise and sound
levels in a specified manner.
Sound pressure level, in decibels of sound, is 20 times the logarithm to the base
10 of the ratio of the pressure of this sound to the reference pressure, which reference
pressure must be explicitly stated.
The acoustical and/or other terminology referenced in this section shall be that contained
in ANSI S1.1, Acoustical Terminology.
Sec. 30 -382. - Tests for unlawful noise.
The standards which shall be considered in dete whether a violation of
section 30 -361 exists shall include, but shall not be limited to, the following:
(1) The volume of the noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual;
(4) Whether the origin of the noise is natural or unnatural;
(5) The volume and intensity of the background noise, if any;
(6) The proximity of the noise to residential sleeping facilities;
(7) The nature and zoning of the area within which the noise emanates;
(8) The time of the day or night the noise occurs;
(9) The duration of the noise;
(10) Whether the noise is recurrent, intermittent or constant; and
(11) ;: awe -noise is r- odueea by a eemme
ac-tivitj.
Sec. 30 -383. - Noise limits by- use - distriets.
It shall be unlawful to project a sound or noise, excluding noise emanating from
cars, trucks or motorcycles, from one property into another
distriet which exceeds either the limiting noise spectra set forth in table I in this section,
or exceeds the ambient noise level by more than three decibels.
(1) General limitation. Sound or noise projecting from one property into another
property shall not exceed the limits set forth in Table I
(2) Measurement of noise.
a. The measurement of sound or noise shall be made with a decibel or a
sound level meter operating on the A- weighting scale of any standard
design and quality meeting the standards prescribed by the American
National Standards Association. The instruments shall be maintained
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in calibration and good working order. Measurements recorded shall
be taken as to provide a proper representation of the noise source. The
microphone, during measurement, shall be positioned so as not to
create any unnatural enhancement or diminution of the measured
noise. A windscreen for the microphone shall be used when required.
Traffic, aircraft and other transportation noise sources and other
background noises shall not be considered in taking measurements
except where such background noise interferes with the primary noise
being measured.
b. The slow meter response of the sound level meter shall be used in
order to best determine that the average sound has not exceeded the
standards set forth in table I.
c. The measurement shall be made at the property line of the property on
which such noise is generated, or perceived, as appropriate, five feet
above ground.
d. In the case of an elevated or directional sound or noise source,
compliance with the noise limits is to be maintained at any elevation at
the boundary.
(3) Table of noise limits. The limits referred to in this section shall be in
accordance with the following table:
TABLEI
Districts Decibels on A- Weighting Scale
R -IA, R -1, R -2, R -3 60 decibels
C -1, C -2, MU 60 decibels
(4) If the noise is not smooth and continuous, one or more of the corrections in
table II shall be added to or subtracted from each of the decibel levels given in
table I in subsection (3) of this section.
TABLE II
Type of Operation in Character of Noise Correction
in Decibels
Noise source operated less than 20% of any 1 -hour period Plus 5
Noise source operated less than 5% of any 1 -hour period Plus 10
Noise source operated less than 1% of any 1 -hour period Plus 15
Noise of impulsive character (hammering, etc.) Minus 5
Noise of periodic character (hum, screech, etc.) Minus 5
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(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 shall be
subtracted from each of the decibel levels given in table I of subsection (3) of
this section.
Sec. 30 -384. - Motorized vehicles.
It shall be unlawful to operate a motorized vehicle within the village which
creates a noise or sound which exceeds the noise level limits set out in table III.
TABLE III. LIMITING NOISE LEVELS FOR MOTOR VEHICLES
(1) Trucks and buses.
a. Over 10,000 pounds:
87 dB(A) measured at 50 feet, maximum allowable limit.
93 dB(A) measured at 25 feet, maximum allowable limit.
b. Under 10,000 pounds:
80 dB(A) measured at 50 feet, maximum allowable limit.
86 dB(A) measured at 25 feet, maximum allowable limit.
(2) Passenger cars.
78 dB(A) measured at 50 feet, maximum allowable limit.
84 dB(A) measured at 25 feet, maximum allowable limit.
(3) Motorcycles, including other vehicles.
87 dB(A) measured at 50 feet, maximum allowable limit.
93 dB(A) measured at 25 feet, maximum allowable limit.
Sec. 30 -385. - Enclosed places of public entertainment.
(a) It shall be unlawful to sustain in any enclosed place of public entertainment, including
but not limited to a restaurant, bar, cafe, or establishments selling alcoholic beverages
daneehall, any noise amplitude equal to or in excess of 95 dB(A) sustained for more
than 30 seconds.
(b) Such sound or noise is to be measured by a sound level meter approved by the
American National Standards Association from any area to which the public is invited
within any enclosed place of public entertainment.
Sec. 30 -386. - Aircraft.
It shall be unlawful for any person to operate or cause to be operated any type of
aircraft over the village which produces noise levels exceeding 98 dB(A) within the
village.
Sec. 30 -387. - Exemptions.
(a) The following uses and activities shall be exempt from noise level regulations:
(1) Noises of safety signals, warning devices, and emergency pressure relief
valves.
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(2) Noises resulting from any authorized emergency vehicle when responding to
an emergency call or acting in time of emergency.
(3) Noises resulting from emergency work.
(4) Any other noise resulting from activities of a temporary duration permitted by
law and for which a license or permit therefor has been granted by the village
in accordance with section 30 -388
(5) Any aircraft operated in conformity with, or pursuant to, federal law, federal
air regulations, and air traffic control instruction used pursuant to and within
the duly adopted federal air regulations.
(b) Any aircraft operating under technical difficulties, in any kind of distress, under
emergency orders of air traffic control or being operated pursuant to and subsequent
to the declaration of an emergency under federal air regulations shall also be exempt
from the provisions of this article.
Sec. 30 -388. - Special permit.
(a) Application for a permit for relief from the noise levels designated in this article on
the basis of undue hardship may be made to the manager or his duly authorized
representative. Any permit granted by the manager under this section shall contain all
conditions upon which the permit has been granted and shall specify a reasonable
time that the permit shall be effective. The manager, or his duly authorized
representative, may grant the relief as applied for if he finds that:
(1) Additional time is necessary for the applicant to alter or modify his activity or
operation to comply with this article; or
(2) The activity, operation or noise source will be of temporary duration, and
cannot be done in a manner that would comply with other sections of this
division.
(b) The manager may prescribe any conditions or requirements he deems necessary to
minimiz adverse effects upon the community or the surrounding neighborhood.
Secs. 30- 389 -30 -410. - Reserved.
DIVISION 3. - ENFORCEMENT
Sec. 30 -411. - Violations.
Sec. 30 -412. - Abatement of violation as nuisance.
Sec. 30411. - Violations.
(a) Violations of this article shall be prosecuted in the same manner as other violations of
this Code.
(b) No complaint shall be issued if the cause of the violation is removed and the
condition abated or fully corrected within swh five -days from the occurrence.
Sec. 30 412. - Abatement of violation as nuisance.
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As an additional remedy, the operation or maintenance of any device, instrument,
vehicle or machinery in violation of any provisions of this article and which causes
discomfort or annoyance to reasonable persons of normal sensitiveness or which
endangers the comfort, repose, health or peace of residents in the area shall be deemed,
and is declared to be, a public nuisance and may be subject to abatement by order of the
code enforcement special magistrate, or a restraining order or injunction issued by a court
of competent jurisdiction.
Section 2: Each and every other Section and Subsection of Chapter 30.
Environmental Control; Nuisances. shall remain in fa11 force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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Upon Second Reading this 8`" day of August 2013, the foregoing Ordinance was offered by
Council Member Paterno who moved its adoption. The motion was seconded by Council
Member Okun and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 8 day of August
2013.
d R OF TEQ
rennan
ATTEST: LAGS
` �,.
Lori McWilliams, MMC m4' = � 9 < CO
Village Clerk ,
-.ao V 1951
''',,�,� R I ► D A P .`.
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