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06-058 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 II 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 06 -05B AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES, SECTION 15-8.5 BY ADDING A NEW SUB-SECTION (C) ENTITLED "GENERATORS - EXEMPTIONS"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the current Code of Ordinances contains restrictions on nOIse 13 enerating equipment which, if strictly applied would prohibit the use of generators during 14 imes of power outage caused by natural disasters; and 15 WHEREAS, the City Commission finds it is in the best interest of the health safety 16 and welfare of the public to allow generators to be used during periods of emergency under 17 he conditions set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, THAT: Section 1. WHEREAS, the foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Chapter 15, Section 15-8.5 IS hereby amended by creating a new subsection (c) as follows: Sec. 15-8.5. Noise ControI- Prohibited Acts. S:\CA\Ordinances\Emergency Generators - exemption.doc 6 09 0606-/06/06 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 II Section 3. Each and every other provIsIOn of Chapter 15, of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 4. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, provided that no portion of the City of Boynton Beach Noise Control Ordinance shall be repealed. Section 5. 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 ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of June , 2006. SECOND, FINAL READING AND PASSAGE this JUL.Y ,2006. s day of CITY OF BOYNTON BEACH, FLORIDA k~ Vice Mayor - Carl McKoy :2d4 CvL Commissioner - Robert Ensler Issioner - Mack McCray ~ c~ ~ ATTEST: Commissioner - Muir C. F rguson Generators - exemption.doc 2