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O69-34 ORDINANCE NO. 69 - 34 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROHIBITING LOUD AND UNNECESSARY NOISES WITHIN THE MUNICIPAL LIMITS OF SAID CITY; PROVIDING FOR REPEALING AND SAVINGS CLAUSES, PENALTY CLAUSE, AN EFFECTIVE DATE AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: It shall be unlawful for any person knowingly or wantonly to use or operate, or lo cause to be.used or operated, any mechanical device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in any public or pri~at e place in such mannE lhat the peace and good order of the neighborhood is distunbed, or thai persons owning, using, or occupying property in the neighborhood are disirubed or annoyed. The following acts, among others, are declared robe loud, disturb- ing and unnecessary noises, and noises in violation of this section, but this enumeration shall not be deemed to be excli~sive, namely: (a) The blowing of locomoiive whistles within the corporate limits of the city after 10:00 P.M. and before 7:00 A.M., and the ringing of locomotive bells while the engines are standing still, except in case of giving necessary warning signals in conformity with all laws of the state or ordinances of the city, and then only to the extent necessary, is hereby declared a violation of this section. When necessary to give communication signals, then such signals shall be by lights or ringing to the bell only, or by such means as wi] not disturb the pea6e and quiet of'the neighborhood. (b) The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied deceleraiion of the vehicle is intended; the creation by means of any such signal device for an unnecessary and unreasons period of time. (c) The playing of any radio, phonograph or any musical inslrument in such a manner or with such volume, particularly during the hours between 11:00 ~. M. and 7:00 A.M. as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of residence, or of any persons in the vicinity. (d) 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 any persons in any hospital, dwelling, hotel or any othe] type of residence, or of any person in the vicinity. (e) The keeping of any animal, bird or fowl which by causing frequez or long-continued noise shall disturb the comfort or repose of any person in the vicinity. (f) The use of any automobile, motorcycle; or vehicle so out of repair, so loaded or in such manner as to cause loud and unnecessary grating, gi~inding, rattling or other noise. (g) The blowing of any 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 city officials. (h) To discharge into the open air the exhause of any steam engine, stationary internal combustion engine, moto~vehicte or motoi' boat engine except through a rn.uffler or other device which will effeciively prevent loud or explosive noises therefrom. (i) To carry on within the City any commercial, industrial or manufacturing operation between the hours of 10:00 P.M. and 7:00 A.M. in such a manner that the noise of such commercial, industrial or manufacturing activity will be heard beyond the premises of the commercial, industrial or manufacturing establishment whereon such activity is carried on. Section 2: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ection 3: Sepa~aB~l~tTf: Should any section or provision of the ordinance, or any portion hereof be declared by a court of competent juris- diction to be invalid, s~ch decision shall not affect the validity of the remain- der hereof as a whole or any part hereof, other than the part declared to be invalid. .Section 4: A.~u.l. hority to Codify: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section 5: ]Effective Date: This ordinance shall become effective in the manner and at the time provided by the charter and ordinances of the Ciiy of Boynton Beach, Florida. Section 6: Penalty Provisions: Any person, firm or corporation convicted of violating the provisions of this Ordinance shall, upon conviction thereof, be penalized by fine not exceeding $500.00 and costs of prosecution, or imprisonment not exceeding ninety (90) days, or by both such fine and impris onto ent. First reading this 3rd day of ~ovember, A.D. 1969. Second, final reading and passage this I~[ day of ~.~ ~..~__ 1969. CITY OF BE. By: Vice Mayor ATTEST: __~~/ '~ Councilman Ciiy Clerk Councilman Councilman CORP. SEAL