O01-24ORDINANCE NO. O 01-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SECTION 15-8.6 EXEMPTIONS. OF
THE CODE OF ORDINANCES OF THE CITY OF
BOYNTON BEACH, FLORIDA BY CREATING A
NEW SUBSECTION 15-8.6 (8) EXEMPTING
MUNICIPAL CONSTRUCTION FROM SECTION
15.8-5 NOISE CONTROL-PROHIBITED ACTS;
PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, Section 15-8.5 (a) and (b) of the Code of Ordinances entitled
Noise control-Prohibited acts prohibit the generation of noise created during
weekdays (after 8:00 PM) on Sundays and legal holidays; and
WHEREAS, upon the recommendation of staff, the City Commission deems
it to be in the best interest of the citizens and residents of the City to allow an
exemption of that Section of the Code to the municipality, and
NOW THEREFORE, BE I'T ORDAINED BY THE CI~TY COMf41'SSt'ON OF
THE Ct'TY OF BOYNTON BEACH, THAT:
Section 1. That Chapter 15. Section 15-8.6. is hereby amended by creating
a new subsection (8), as follows:
(8) Construction. The foregoing provisions of Section 15-8.5 (a), (b)
and subparagraph (6) of this Section shall not apply to municipal public works,
emergency matters or matters having an effect on the public health, safety and
welfare of the city in those zoning districts of commercial and industrial, and where
the noise disturbances across a residential property line would not exceed those
sound limits set forth in Section 15-8.8 (b) of this Section.
Section 2. Each and every other provision of Chapter 15, of the Code of
)rdinances of the City of Boynton Beach not herein specifically amended shall
remain in full force and effect as previously enacted.
Section 3. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 4. Should any section or provision of this ordinance or portion
~hereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the remainder of this
i ordinance.
Section 5. Authority is hereby granted to codify said ordinance.
Section6. This ordinance shall become effective immediately upon
passage.
FIRST READING this ~' day of
2001.
SECOND, FINAL READING AND PASSAGE this ~ day of~
~J~n~ ., 2001.
i~Clerk
_~,ommissioner
Commissioner
(CORPORATE SEAL)
CITY OF BOYNTON BEACH
OFFICE OF THE ASSISTANT CITY MANAGER
INTER-DEPARTMENTAL CORRESPONDENCE
DATE: May 1, 2001
TO: James A. Cherof, City Attomey
FROM: Dale S. Sugerman, Assistant City Manager
SUI~JECT: Code Modification- Noise Control- Prohibited Acts
As discussed yesterday during our weekly EXCL meeting, the Engineering Department
would like to propose a modification to the existing City Code that would allow the City the
opportunity to authorize municipal work late during the week and on Sundays. Currently,
the City Code provision is:
Section 15-8.5 Noise Control- Prohibited Acts
Paragraph (a) 'noise disturbances prohibited" and (b) "Specific
prohibitions" prohibits the generation of noise created during
weekdays (after 8:00 PM) on Sundays and legal holidays.
Subparagraph (6) specifically addresses "Construction' activities.
We are suggestion that a new section be added to the Code, as follows:
Section 15-8.6 Same - Exemptions
(8) Construction. The foregoing provisions of Section 15-8.5
(a), (b) and subparagraph (6) of this Article shall not apply to
municipal public works, emergency matters or matters having
an effect on the public health, safety and welfare of the city in
those zoning districts of commercial and industrial, and where
the noise disturbances across a residential property line would
not exceed those sound limits set forth in Section 15-8.8 (b) of
this Article.
At your earliest opportunity, could you please review this proposal for legal content, and if it
meets with your approval, could you create the necessary legislation that would allow us to
take this. proposed Code modification to the City Commission for their review and
consideration?
I would be happy to meet with you to discuss this further, should you have any questions
about this proposal. Please let me know if you have any questions about this request.
Dale S. Sugerman
Assistant City Manager
cc: Paul Fleming, Senior Project Manager
David Kelley, Utilities Engineer
InterOffice Correspondence
City of Boynton Beach
Department of Engineering
Construction Services Division
TO:
FROM:
Dale Sugerman
Paul Fleming~
Date: April 17, 2001
Phone: 6487
SUBJECT:
Industrial Avenue Corridor
Stormwater Improvement
John Guidry
Mark Law
David Kelley
In reviewing the subject project with the Kimley - Horn design engineers, I feel that it
would be an advantage for the City (and the industrial business' in the ama), to give our
Contractor the optional flexibility to work late during the week and on Sundays (including
late night).
This optional flexibility would only apply to the construction activities on East Industrial
Avenue. Because of the proximity to residential areas on West Industrial Avenue and
North Industrial Avenue (a new road being created as part of this project), we would
NOT include these areas in the weekday late night and Sunday work hour extension.
Together, David Kelley and I have researched the CBB Code of Ordinances to
determine the current limitations. The following is a brief summary of the current
restrictions that prohibit late weekday and Sunday work.
Code of Ordinances
Section 15-8.5 Noise Control - Prohibited Acts
Paragraph (a) 'Noise disturbances prohibited' and (b) "Specific prohibitions',
prohibits the generation of noise created during weekdays (after 8:00 PM) on
Sunday's and legal holidays.
Subparagraph (6) specifically address' "Construction" activities.
In order to facilitate this optional flexibility, I recommend that CBB add an additional
paragraph to the CBB Code of Ordinances, Section 15-8.6 Same-Exemptions. David
Kelley has assisted me in formulating this proposed addition. Our proposed language
for the new subparagraph is:
Page 1 of 2
InterOffice Correspondence
City of Boynton Beach
Department of Engineering
Construction Services Division
Sec. 15-8.6 Same-EXemptions,
[NEW]
(8) Construction. The forgoing provisions of Section 15-8.5 (a), (b) and
subparagraph (6) of this Article shall not apply to municipal public works,
emergency matters or matters having an effect on the public health, safety
and welfare of the c'~y in those zoning districts of commercial and industrial,
and where the noise disturbance across a residential real property line would
not exceed those sound level limits set forth in Section 15-8.8 (b) of this
Article.
If accepted, please have the Legal Department develop the implementing ordinance to
have this clause inserted into the CODE. If you have any questions regarding this
matter, please advise me at extension 6487.
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