O89-23ORDINANCE NO. 89-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE "CITY OF BOYNTON BEACH
NOISE CONTROL ORDINANCE" SECTION 15-8.5
NOISE CONTROL-PROHIBITED ACTS AND
SECTION 15-8.6 SAME-EXEMPTIONS TO PERMIT
CERTAIN MUSICAL INSTRUMENTS AS EXEMPT
DURING CERTAIN HOURS; PROVIDING THAT
EACH AND EVERY OTHER PROVISION OF
CHAPTER 15 NOT SPECIFICALLY AMENDED
HEREIN SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ENACTED; PROVIDING
A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
NOW, T~RRRFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1.
That Section 15-8.5 is hereby amended by
adding the words and figures in underlined type and by
deleting the words and figures in struck-through type as
follows:
Sec. 15-8.5.
Acts
Noise control-Prohibited
(a) Noise disturbances prohibited.
No Person shall unnecessarily make,
continue or cause to be made or
continued any noise disturbances.
(b) Specific prohibitions. The
following acts, and the causing or
permitting thereof in such a manner as
to create a noise disturbance across a
residential or commercial real property
line, or within a noise sensitive zone,
or at anytime in violation of the
provisions of section 15-8.8, are hereby
declared to be a violation:
(1) Radios, television sets,
m~s~ea~ ~ns~men~s, and similar
devices. Operating, playing or
permitting the operation or playing
of any radio, television,
phonograph, ~m, -m~s~ea~
~s~me~-e~-s~m~a~-~ev~ee which
produces or reproduces sound either
mechanically or electronically.
(2) Loudspeakers. Using or
operating for any purpose other
than those activities specifically
exempted in section 15-8.6(4)
below, any loudspeaker, loudspeaker
system or similar device, including
ti
sound emitting devices which may be
physically attached to any motor
vehicle.
(3) Street sales. Offering for
sale, selling or advertising for
sale by shouting or outcry,
anything within any area of the
city.
(4) Animals. Owning, possessing or
harboring any animal or bird which
frequently or for continued
duration, howls, barks, meows,
squawks or otherwise makes sounds
which create a noise disturbance.
(5) Loading or unloading.
Loading, unloading, opening,
closing or other handling of boxes,
crates, containers, building
materials, garbage cans, or similar
objects in such a manner as to
cause a noise disturbance.
(6) Construction. Operating or
causing the operation of any tools
or equipment used in construction,
drilling, excavation, clearing,
repair, alteration or demolition
work on weekdays during the times
specified in section 15.8.8, or at
any time during Sundays or legal
holidays.
(7) Fixed mechanical equipment.
Operating or causing the operation
of fixed mechanical equipment
located on real property including
HVAC equipment, motors, engines,
pumps, compressors, fans, tools,
machinery, and its component parts,
or any other similar stationary
mechanical devices and their
component parts except as otherwise
exempted in section 15-8.6~6~).
Section 2. That Section 15-8.6 is hereby amended
)y adding the words and figures in underlined type and by
deleting the words and figures in struck-through type as
follows:
Sec. 15-8.6 Same-Exemptions
The following acts and the causing
or permitting thereof shall be
specifically exempted from the
prohibitions of section 15-8.5.
(1) Motor vehicles. Operating
motor vehicle noise enforcement
procedures shall be as established
in Chapter 316, Florida Statutes,
and applicable rules and
regulations of the Department of
highway safety and Motor Vehicles,
provided, however, that this
exemption shall not apply to any
sound emitting devices which may be
attached to any motor vehicle as
prohibited by section 15-8.5(b)(2).
(2) Aircraft and interstate
railway and locomotives and cars.
Noise generated by aircraft and
interstate railway locomotives and
cars are exempt from these
provisions.
(3) Emergency activities. Any
noise generated as a result of
emergency work or for the purpose
of alerting the public to the
existence of an emergency
situation.
(4) Public speaking and assembly.
Any noise generated by any
noncommercial public speaking or
public assembly activities
conducted pursuant to lawful
authority on any public space or
right-of-way, including sporting
events.
(5) Domestic power tools and lawn
maintenance equipment. Any noise
generated by the operation and use
of domestic power tools and lawn
maintenance equipment.
(6) Fixed mechanical equipment,
noise generated by the operation
and use of air conditioning units
in residential districts.
(7) Non-amplified solo musical
instrument played by an individual
within a private residence between
the hours of 9:00 a.m. and 8:30
pem
Section 3. Each and every other provision of Chapter
5 not specifically amended herein shall remain in full force
Lnd effect as previously enacted.
Section 4. That all ordinances or parts of ordinances
.n conflict herewith be and the same are hereby repealed.
Section 5. Should any section or provision of this
)rdinance or portion hereof, any paragraph, sentence, or word
)e declared by a court of competent jurisdiction to be
Lnvalid, such decision shall not affect the remainder of this
~rdinance.
Section 6.
)rdinance.
Section 7. This
Lmmediately upon passage.
FIRST READING this
[989.
Authority is hereby granted to codify said
ordinance shall become effective
SECOND, FINAL READING and PASSAGE this
/~Z~day of
CITY
(Corporate Seal)
Mayor
Vice Mayor
~C6m~s sioner
C6~m~f~s ioner
~~on~~