Loading...
10-018 II 1 s ORDINANCE NO. l0- ©/Y 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING 5 THE CITY OF BOYNTON BEACH CODE OF 6 ORDINANCES CHAPTER 15, "OFFENSES — 7 MISCELLANEOUS ", ARTICLE 1, "IN GENERAL ", 8 SECTIONS 15 -8 THROUGH 15 -10.7; TO MODIFY TH 9 DEFINITION OF WEEKDAYS AND WEEKENDS • S 10 WELL AS MODIFY THE TIMES SUBJEC ' TO 11 DECIBEL LEVEL MEASUREMENT; PROVID ''G FOR 12 CONFLICTS, SEVERABILITY, CODIFICA ' ON AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission desires to ame' d the City's Code of Ordinances to 16 better address recent trending towards mixed use er tronments and in response to concerns 17 expressed by both the business and residential c immunities, and 18 WHEREAS. by amending the Cit s Noise Control Ordinance, the City Commission 19 recognizes the need to allow for live tertainment in commercial areas, including mixed use 20 developments, so long as there ar no adverse impacts to adjacent residential uses; and 21 WHEREAS, the am: dments to the noise control and sound control sections of the 22 City of Boynton Beach' 'ode of Ordinances are in the hest interest of the health. safety. and 23 welfare of the reside' s. citizens. and businesses within the City of Boynton Beach. 24 NOW T EREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY ► F BOYNTON BEACH, FLORIDA, THAT: 26 Se ion 1 'I he foregoing whereas clauses are true and correct and are now ratified 27 and co , irmed by the City Commission 28 Section 2 That Chapter 15. "Offenses - Miscellaneous ". Article 1. "ln General ", 29 Se, bons 15 - through 15 -10 7 of the City of Boynton Beach Code of Ordinances be, and the 30 same are hereby amended to read as follows 1 s, , � - A' Ord inal vUr ilianLL - NuisL Rey o,ions (.201U1072810) d0L8 A. A441 011,1 c F #rr4n.,c - Norse 44,.:A IstuRs-1-2-0-1-0-) -1- 1 2 Sec. 15 -8. Noise control -Short title. 3 Sections 15 -8 through 15 -8.8 shall be known and may be cited by the short title of '`City of 4 Boynton Beach Noise Control Ordinance "" 5 6 Sec. 15 -8.1. Same- Purpose and space. 7 It is the purpose of sections 15 -8 through 15 -8.8 to prevent, prohibit a : provide for the 8 abatement of excessive and unnecessary noise which may injure the • -alth or welfare or 9 degrade the quality of life of the citizens and residents of the City • Boynton Beach. This 10 section shall apply to the control of all sound originating within the mits of this jurisdiction. 11 12 Sec. 15 -8.2. Same - Terminology and standards. 13 All terminology used in sections 15 8 through 15 8.', not defined below, shall be in 14 conformance with applicable publications of the A :-rican National Standards Institute 15 (ANSI) or its successor: 16 All terminology used in this section shall be .. defined herein or, if not defined, given 17 plain meaning by reference to common diction. definition. When interpretation is required 18 by reference to a source more definitive than is code or a dictionary, reference shall first be 19 made to publications of the American Natio .1 Standards Institute (ANSI): 20 21 A- weighted sound level The sound I essure level in decibels as measured on a sound level 22 meter using the A- weighted network. e level so read is designated dBA. 23 24 Apparent property line The 1 e along the surface, and its vertical plane extension, which 25 separates one lot or parcel of pr. .erty from another 26 27 Construction Any site ,reparation, assembly, erection, substantial repair, alteration or 28 similar action, but exclud' g demolition, for or on public or private right -of -way, structures, 29 utilities or similar prope y, and excluding well pointing. 30 31 Decibel (dB) A it for describing the amplitude of sound, equal to twenty (20) times the 32 logarithm to the se ten (10) of the ratio of the pressure of the sound measured to the 33 reference pressur , which is twenty (20) micropascals (twenty (20) micro - newtons per square 34 meter) 35 36 Demolitiin Any dismantling, intentional destruction or removal of structures, utilities, 37 public or piivate right -of -way surfaces or similar property. 38 ; 39 Em °gency Any occurrence or set of circumstances involving actual or eminent physical 40 trau or property damage which demands immediate action. 41 42 Emergency work Any work performed for the purpose of preventing or alleviating the 43 p ysical trauma or property damage threatened or caused by an emergency 44 45 Impulse noise A discrete noise or series of such noises of short duration (generally less 46 than one (1) second) in which the sound pressure level rises very quickly to a high before 47 decaying to the background level. SA( AvOrdinamesvUrdlnanue = Noise Revisions (2010)(07281U) doLS ■(' • . .. - _ . • ° • . . . - -7- it 1 2 L10 sound level The sound level exceeded for more than ten (10) per c t of a 15-8 15-8.8 shal of be less i through 3 measurement period which for the purposes of sections 15 8 t o g p p p 4 than ten (10) minutes. 5 6 Motorboat Any boat or vessel propelled or powered by machiner hether or not such 7 machinery is the principal source of propulsion; including but not • ited to boats, barges, 8 amphibious craft, water -ski towing devices, jet skis and hover cra 9 10 Multifamily dwelling A building or other shelter that ha' seen divided into separate units 11 to house more than one (1) family. 12 13 Holiday. Those annual holidays designated in 5 ,.S.C. 6103, and New Year's Eve, Cinco 14 De Mayo and St. Patrick's Day. 15 16 Noise Any sound which annoys or distur► humans or which causes or tends to cause an 17 adverse psychological or physiological effe' on humans 18 19 Noise disturbance Any sound in • antities which are or may be potentially harmful or 20 injurious to human health or welf. e, animal or plant life, or property, or unnecessarily 21 interfere with the enjoyment of 'if; or property, including outdoor recreation, of a reasonable 22 person with normal sensitivities. 23 24 Noise sensitive zone E 'sting quiet zones until designated otherwise by a competent 25 authority Noise sensitive activities include but are not limited to operations of schools, 26 libraries open to public, urches, hospitals and nursing homes. 27 28 Person Any indi dual, association, partnership or corporation, and includes any officer, 29 employee, departmr t agency, or instrumentality of the United States, a state or any political 30 subdivision of a s •te. 31 32 Plainly au. ble A sound which is capable of being heard by a human being without the 33 assistance o a mechanical or electronic listening or amplifying device. 34 35 Power d model vehicle Any self- propelled airborne, waterborne or landborne plane, 36 vessel vehicle which is not designed to carry persons, including but not limited to any 37 mode airplane, boat, car or rocket. 38 39 'ublic right -of -way Any street, avenue, boulevard, highway, sidewalk or alley or similar 40 p .ce normally accessible to the public which is owned or controlled by a governmental 41 ntity 42 43 Public space Any real property or structures thereon normally accessible to the public. 44, 4 Pure tone Any sound which can be distinctly heard as a single pitch or a set of single 46 pitches For the purpose of measurement, a pure tone shall exist if the one -third octave band 47 sound pressure level in the band with the tone exceeds the arithmetic average of the sound 1 S \C Av ordinances \Ordinance - Noise Res isions (2010)(07281 docS \CA - . ., - . • - Noise Rewsions (2010) dot, -3- if 1 1 ' pressure levels of the two (2) contiguous one -third octave bands by five (5) dB for ce s r 2 frequencies of 500 Hz and above and by eight (8) dB for center frequencies between s1 and 3 400 Hz and by fifteen (15) dB for center frequencies less than or equal to 115 Hz. 4 5 Real property line An imaginary line along the surface, and its verti_c. plane extension, 6 which separates the real property owned, rented or leased by one pers : from that owned, 7 rented or leased by another person, excluding intra - building real prope • y divisions. 8 9 Residential-area An parcelarca of land whose use is designat-: to provide only permanent 10 housing and excluding all tourist accommodations which incl i es but is not limited to hotels, 11 motels, apartment hotels, etc. 12 13 RMS sound pressure The square root of the time av• raged square of the sound pressure. 14 15 Sound An oscillation in pressure, stress, part' e displacement, particle velocity or other 16 physical parameter, in a medium with internal '.rces. The description of sound may include 17 any characteristic of such sound including dur: ion, intensity and frequency. 18 19 Sound disturbance Any sound which 20 21 (1) Plainly audible beyond . distance of twenty five (25) feet or further from the 22 apparent property line from which e sound emanates, in a single residential zoning district, 23 or 24 25 (2) Plainly audible . n a dwelling unit adjacent to the unit from which the sound 26 emanates or is plainly audib twenty five feet (25) feet or further from the apparent property 27 line from which the sound .manates, in multi- family residential zoning districts. 28 29 (3) Plainly a A ible beyond a distance of one hundred (100) feet or further from the 30 apparent property li re from which the sound emanates when the sound emanates in a 31 commercial zoning . istrict and is heard in a residential zoning district. 32 33 For purpose .f enforcement, it is not necessary to specifically identify the property line as 34 would be dep ted on a survey, rather an approximation of the property line may be used 35 taking into consideration physical landmarks such as fences, landscaping, setbacks, 36 driveways or ground treatment. 37 38 Sou level The weighted sound pressure level obtained by the use of a metering 39 chara teristic and weighting A, B, or C as specified in American National Standards Institute 40 spe fication for sound level meters, ANSI S1.4 -1971, or in successor publications. If the 41 w. ghing employed is not indicated, the A- weighting shall apply. 42 / 43 / Sound level meter An instrument which includes a microphone. amplifier, RMS detector, 44 / integrator or time averager, output meter and weighing networks used to measure sound 45 pressure levels. The output meter reads sound pressure levels when properly calibrated, and 4 the instrument is of 1 ype 2 or better, as specified in the American National Standards Institute 7- Publication S1.4-1971, or its successor publications 1 S ,CA yOrdinancesvOrdmame - Noise Revisions (2010)(072810) dock •.. _ - .. ., • - • . , . . ... - 4- 1 Il ' 1 2 Sound pressure The instantaneous difference between the actual pressure : nd the average 3 I or barometric pressure at a given point in space, as produced by the presenc: of sound energy. 4 5 Sound pressure level Twenty (20) times the logarithm to the base -n (10) of the ratio of 6 the RMS sound pressure to the reference pressure of twenty (20) mic •pascals (2 x 106N /m2) 7 The sound pressure level is denoted Lp or SPL and is expressed in ' ecibels. 8 9 Weekday Any day Sunday through Thursday : - :. _ - . . which is not a 10 holiday as defined herein. 11 12 Weekend Any Friday or Saturday. 13 14 Sec. 15 -83. Same - Program administration. 15 (a) The noise control program established %y sections 15 -8 through 15 -8.8 shall be 16 administered by the city manager, or his designee, of the City of Boynton Beach, Florida. 17 18 (b) For the purposes of section 15 -8.8 and its enforcement, municipal employees or 19 officials engaged in the measurement of •ise, assessing compliance with such sections, 20 making recommendations for noise abater ent, issuing noise violations citations, or giving 21 evidence regarding noise violations shall ave received formalized training on these subjects 22 from institutions or organizations of ecognized ability and experience in environmental 23 acoustics and noise control. 24 25 Sec. 15 -8.4. Same - Inspections. 26 Upon presentation of proper credentials, the city manager or his designee, may enter 27 and /or inspect any private property, place, report or records at any time when granted 28 permission by the owner, or •y some other person with apparent authority to act for the 29 owner. When permission is efused or cannot be obtained, a search warrant may be obtained 30 from a court of compete, jurisdiction upon showing of probable cause to believe that a 31 violation of sections -8 through 15 -8.8 may exist. Such inspection may include 32 administration of any n• cessary tests. 33 34 Sec. 15 -8.5. Noise % i ntrol— Prohibited acts. 35 (a) Noise • sturbances prohibited. No person shall unnecessarily make, continue or 36 cause to be made or continued any noise disturbances. 37 38 (b) Spe itic prohibitions. The following acts, and the causing or permitting thereof in 39 such a mann r as to create a noise disturbance across a residential or commercial real property 40 line, or wi in a noise sensitive zone, or at any time in violation of the provisions of section 41 15 -8.8, ar hereby declared to be a violation: 42 43 (Y) Radios, television sets, and similar devices. Operating, playing or permitting the 44 operation or playing of any radio, television, or phonograph, which produces or reproduces 45 sound either mechanically or electronically. 46 1 S yC A \Ordinan.es\ Ordinance - Noise Revisions 1_2(110)(072810) doe_ _ . . .. -5- I 1 (2) Loudspeakers. Using or operating for any purpose other than thos: activities 2 specifically exempted in section 15- 8.6(4) below, any loudspeaker, loudspeake system or 3 similar device, including sound emitting devices which may be physically at • ched to any 4 motor vehicle 5 6 (3) Street sales. Offering for sale, selling or advertising for •.le by shouting or 7 ; outcry, anything within any area of the city. 8 I 9 (4) Animals. Owning, possessing or harboring any animal o bird which frequently or 10 for continued duration, howls, barks, meows, squawks or othe • ise makes sounds which 11 create a noise disturbance. 12 13 (5) Loading or unloading. Loading, unloading, ope ng, closing or other handling of 14 boxes, crates, containers, building materials, garbage cans, Jr similar objects in such a manner 15 as to cause a noise disturbance 16 17 (6) Construction. Operating or causing the o %eration of any tools or equipment used 18 in construction, drilling, excavation, clearing, re 'air, alteration or demolition work on 19 weekdays during the times specified in section 15 -:.8, or at any time during Sundays or legal 20 holidays. 21 22 (7) Fixed mechanical equipment. Operating or causing the operation of fixed 23 mechanical equipment located on real prop- y including HVAC equipment, motors, engines, 24 pumps. compressors, fans, tools, machin- y, and its component parts, or any other similar 25 stationary mechanical devices and their component parts except as otherwise exempted in 26 section 15 -8 6(6) 27 28 (8) Motorboats. Operating or causing the operation of a motorboat in such a manner 29 as to cause a noise disturbance. 30 31 (c) Generators - exempt' on. Notwithstanding the foregoing prohibited acts, the use of 32 gasoline or propane power-d generators is permitted during periods of power outage 33 following natural disasters .nd during periods of maintenance. Operation for purposes of 34 maintenance of the gener. or shall only occur during daylight hours on weekdays and only for 35 the minimum amount o time required by the manufacturer. Any person using a generator, 36 except during periods • power outage following natural disasters, is subject to the restrictions 37 on noise generation .: otherwise set forth in this chapter. 38 39 40 41 42 Sec. 15 -8.6. Same - Exemptions. 43 The following acts and the causing or permitting thereof shall be specifically exempted 44 from the prohibitions of section 15 -8.5 45 46 (1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be 47 as established in Chapter 316, Florida Statutes, and applicable rules and regulations of the 1 S \CA \Ordinances \Ordinance - Noise Revisions (2010)(072810) dot& ' • - . - - . . -6- 1 Department of Highway Safety and Motor Vehicles, provided however, t ►.t this exemption 2 shall not apply to any sound emitting devices which may be attached to .ny motor vehicle as 3 prohibited by section 15- 8.5(b)(2). 4 5 (2) Aircraft and interstate railway and locomotive .nd cars. Noise generated by 6 aircraft and interstate railway locomotives and cars are exe •t from these provisions. 7 8 (3) Emergency activities. Any noise generat-. as a result of emergency work or for 9 the purpose of alerting the public to the existence of :n emergency situation. 10 11 (4) Public speaking and assembly. Any noise generated by any noncommercial 12 public speaking or public assembly activiti conducted pursuant to lawful authority on any 13 public space or right -of -way, including spirting events 14 15 (5) Domestic power tools a. lawn maintenance equipment. Any noise generated by 16 the operation and use of domestic . ewer tools and lawn maintenance equipment. 17 18 (6) Fixed mechanic. equipment, noise generated by the operation and use of air 19 conditioning units in residen al districts 20 21 (7) Nonamplif ' d solo musical instrument played by an individual within a private 22 residence between the ours of 9:00 a.m. and 8 p.m 23 24 (8) C. struction The foregoing provisions of Section 15- 8.5(a), (b) and 25 subparagraph (6) of this Section shall not apply to municipal public works, emergency matters 26 or matters havi • an effect on the public health, safety and welfare of the city in those zoning 27 districts of co mercial and industrial, and where the noise disturbance across a residential 28 property lin- ould not exceed those sound limits set forth in Section 15 -8.8 of this Article. 29 30 Sec. 15 -8 . Same - Penalty for violation. 31 Any person, firm or corporation convicted in a court of competent jurisdiction of a 32 violat an of sections 15 -8 through 15 -8.8 shall be guilty of a misdemeanor of the second 33 degr e, punishable by a fine and/or incarceration as provided by law. The City of Boynton 34 Be',ch Code Compliance Board shall have the authority and jurisdiction to prosecute such 35 o fenses. Each day said violation continues shall be a separate offense. 36 37 / Sec. 15 -8.8. Same -Sound levels by receiving land use. 38 / (a) Sound limits established. No person shall operate or cause to be operated any source 3, of sound as enumerated in section 15- 8.5(b), and unless specifically exempted by section 15- /40 8 6, in such a manner as to create an exterior or interior sound level of any origin which 41 exceeds the limits set forth for the receiving land use category in question for more than ten 42 (10) per cent of any measurement period which shall not be less than ten (10) minutes when 43 measured at or within the boundaries of a property or within the confines of a building within / 44 the receiving land use and as a result of a source of sound being located on some other 45 property 46 1 s vCA \Ordinances \Ordinance - No%se Revisions (2010)(072810)_doLS \CA',Ordtna c,esvOrdinance • . . . .. - 7- f 1 (b) L10 sound level limits. Permissible sound levels for sounds transmitted to rec= ' ing 2 land use areas shall not exceed the following limits for L 10 sound levels as defin- d herein. 3 For the purpose of these noise control provisions, such sound levels shall be dete - ined using 4 FAST meter responses: 5 6 Receiving Land Use Time L10 Sound el 7 Category Limit (dB 8 9 Exterior Residential 7 a.m. to 110:00 p.m. 60 10 Sunday through Thursday 11 12 7:00 a.m. to 12:00 a.m. 13 14 Frida & Saturda a 15 Legal-Holidays 16 17 18 110:00 p ni to 7:00 a.m. 55 19 20 Sund, through "Thursday 21 22 1 :00 a.m. to 7:00 a.m. 23 24 Friday & Saturday and 25 Legal- Holidays 26 27 28 Exterior Commerc' .1 At all times 65 29 30 31 32 Interior Re.idential 7:00 a.m. to 110:00 p.m. 50 33 34 Sunday through Thursday 35 36 � 7:00 a.m. to 12:00 a.m. 37 38 / Friday & Saturday and 39 , Legal Holidays 4q' 41 /42 110:00 p.m. to 7 00 a.m 45 43 44 Sunday through "Thursday 45 46 12.00 a.m. to 7:00 a.m 47 S \CA,ordinanLes \Ordmanc,e - Noise Revisions (2010)(072810) doLS \C • - _ . - -8- II ' 1 r Friday & Saturday and 2 Legal Holidays 3 4 5 Interior Commercial At all times 55 6 7 8 (c) Maximum sound level limits. The maximum sound level fro any applicable sound 9 sources shall not exceed the L10 sound level limits by more than th- alues listed below: 10 11 10 (dB) A from 7:00 pa.m. to 110:00 p.m. 12 13 5 (dB) A from 110:00 p.m. to 7 a.m. 14 15 (d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an 16 impulse noise, as defined herein, the sound level 1 its for L10 and maximum sound levels 17 shall be reduced by five (5) (dB) A 18 19 Sec. 15 -9. Obstruction of passageways. 20 It shall be unlawful for any person to pl. ' e or erect, upon any public way or passageway to 21 any building, an obstruction of any typ:., provided this section shall not prevent the duly 22 authorized or required placing of term orary barriers or warning signs for the purpose of 23 safeguarding the public. 24 25 Sec. 15 -10. Sound control - Sho title. 26 r This section shall be known d may be cited by the short title of "City of Boynton Beach 27 Sound Control Ordinance " 28 29 Sec. 15 -10.1. Purpose. 30 (a) It is the purpos• of this section to preserve the peace and tranquility of residential 31 neighborhoods by pro ibiting excessively loud sound and by requiring abatement of 32 excessively loud soun, . 33 34 (b) (b This section shall apply to the control of sound originating within the 35 juri Fictional limits of the city without regard to the content, meaning, or 36 m: sage of the sound. It is the express intent that enforcement of these 37 r gulations shall be content neutral. 38 (c) lease refer to Section 15 -8 2 for any definitions applicable to this Section. 39 40 .. . • .. •. •.. . 41 All ' rminology used in this section shall be as defined herein or, if not defined, given 42 plamineaning by reference to common dictionary definition. When interpretation is required . 44 made to publications of the American National Standards Institute (ANSI): 45 46 ... - • .. - . . - .. _ . 47 separates one lot or parcel of property frerx another, s ',C AvOrdinances \Ordinance - Noise Rev 'swim 12010)(072810oLS -K ^4-'-'rQr;,� °•n 10-rdmance No+sc- Revisions (2010) dot, -9 1 1 2 _ • - £ . _ - - . - .. - 3 - 4 5 meter). 6 7 - - - - 8 damage which demands immediate action. 9 10 --Emergency work. Any work performed for the purpose . f preventing or alleviating the 11 physical trauma or property damage thr atoned or caused b an emergency 12 13 National holiday. Those annual holidays designate: n 5 U.S.0 6103 14 17 subdivision of a state. 18 19 Plainly audible. A sound which is ':gable of being heard by a human being without the 20 . - . - . .. - . :r electron'' listening or amplifying device. 21 22 ; Sound. An oscillation in pros Ore, stress, particle displacement, particle velocity or other 24 any characteristic of such sou i including duration, intensity and frequency. 25 26 Sound disturbance. A sound which is: 27 28 (1) Plainly i dible beyond a distance of twenty five (25) feet or further from the 29 .... - ... - .• - •.,.- -. - - _ -'. - 30 Of 31 32 -- 34 , - -• . - , - - - - - '. 35 36 '. -.._.- _ - _ .! -- - - 38 39 40 - .. - - - . - - -- - , • - - - - 'cifically identify the property line as •41 - . _ _ • _ . • . . _ . - . - - -. . 42 43 driveways, er greand t catmcnt. 44 45 . . - _.. . - - • _ . 46 47 11 `"trend. Saturday or Sunday. 1 S ( A - Noise Revisions (2010)(072810) docSAC' ` _ . .. _ . -' A rse- {Z0'+siO,r �n -1 II � 1 2 Sec. 15 -10.3. Administration. 3 The sound control program established by this section shall be administ '-d by the City 4 Manager, or his designee, of the City of Boynton Beach, Florida. 5 6 Sec. 15 -10.4. Inspections. 7 Upon presentation of proper credentials, the City Manager o is designee, may enter 8 and /or inspect any private property, place, report or records .t any time when granted 9 permission by the owner, or by some other person with ap.arent authority to act for the 10 owner. 11 12 Sec. 15 -10.5. Prohibited acts. 13 No person shall make, continue or cause to be m. +e or continued any sound disturbances, 14 as defined herein, between the hours of 110.00 p. • and 67:00 a.m on weekdays and between 15 the hours of 12:00 a.m. and 7.00 a.m on weeken► s or nati6nal holidays. 16 17 Sec. 15 -10.6. Exemptions. 18 Sound emanating from the following , is and the causing or permitting thereof shall be 19 specifically exempted from the prohibiti•,ns of section 15 -10.5 20 21 (1) Motor vehicles. Oper. ng motor vehicle noise enforcement procedures shall be 22 as established in F.S. Chapter 31., and applicable rules and regulations of the Department of 23 Highway Safety and Motor Ve les. 24 25 (2) Aircraft and in ' rstate railway and locomotives and rail cars. Sound generated by 26 aircraft and interstate rail gay locomotives and rail cars. 27 28 (3) Emergen activities. Any sound generated as a result of emergency work or for 29 the purpose of alert' g the public to the existence of an emergency situation. 30 31 (4) Do estic power tools and lawn maintenance equipment. Any sound generated 32 by the operati • and use of domestic power tools and lawn maintenance equipment. 33 34 (5) Sound generated by the operation and use of air conditioning units in residential 35 districts. 36 37 6) Non - amplified solo musical instrument played by an individual within a private 38 rest nee 39 40 P 41 Aec. 15 -10.7. Enforcement and Penalty. 42 43 (a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in 44 which violations of this chapter are alleged; or 45 46 (b) The city may enforce the provision of this Code by supplemental Code of Ordinance 47 enforcement procedures as provided by F.S Chapter 162, Part 2; or S ',C Ay(hdinanc esvOrdinance - Noise Revisions12010)(072810) dui. -( AvOrdinar +ees\O- Fdi+tan e - Noise K - 11 - i 11 ' 1 2 (c) The city may prosecute violations by issuance of notices to appear for vio .tion of a 3 City Ordinance, in which case, the penalty for a violation shall be as follows: 4 5 (1) First violation - $50.00 6 7 (2) Second violation within twelve (12) months of adjudica on of first violation - 8 $100.00 9 10 (3) Third violation within eighteen (18) months of •.Judication of first violation - 11 $500.00 12 13 Each calendar day on which a violation exists shall o nstitute a separate violation for the 14 purpose of determining the fine 15 16 (d) A violation of this Article may be pros cuted as a nuisance. The City Attorney may 17 bring suit on behalf of the city, or any affe ed citizen may bring suit in his or her name 18 against the person or persons causing or m.' taining the violation, or against the owner /agent 19 of the building or property on which the , iolation exists. Relief may be granted according to 20 the terms and conditions of F.S. Chapt- 60, entitled Abatement of Nuisances. 21 22 (e) Violations of this Article ay be enforceable by arrest. 23 24 (f) For the purpose o ' this section, any person owning or having responsibility for 25 management of a busines- premises, however temporarily, any performer or disc jockey 26 producing sound upon a► business premises, any person playing, producing or controlling 27 music, or other sound, •ny person having control of the volume of music or sound, and the 28 business as named o. the business tax receipt where the music or sound is emanating may be 29 jointly and several liable for compliance with this Article and shall be responsible for any 30 violations hereof 31 32 (g) No itation or notice to appear for a violation of this section shall be issued until a 33 law enforce ent officer or code enforcement officer has made contact with the owner, 34 occupant •r operator of the property from which the offending sound emanates to request 35 abateme t of the offending sound. When a request for abatement is made and the offending 36 sound 's not immediately abated, or if it resumes within ninety (90) minutes following initial 37 abat: ent, or occurs again within three (3) days, a citation or notice to appear may issue 38 wi out additional request for abatement. 39 40 Section 3 Each and every other provision of the City of Boynton Beach Code of 41 Ordinances not herein specifically amended, shall remain in full force and effect as originally 42 adopted S \CA \Ordinances \Ordinance - Noise Revisions (2010)(072810) doc. • - . ... - . . - . . .. - 12 - 1 Section 4. All laws and ordinances applying to the City of Boynto : each in 2 conflict with any provisions of this ordinance are hereby repealed. 3 Section 5. Should any section or provision of this Ordin. ce or any portion 4 thereof be declared by a court of competent jurisdiction to be inval' d, such decision shall not 5 affect the remainder of this Ordinance. 6 Section 6. Authority is hereby given to codify is Ordinance. 7 Section 7. This Ordinance shall become - ' ective immediately. 8 FIRST READING this 3 / day of S , 2010. 9 SECOND, FINAL READING AN P PASSAGE this day of 10 2010 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor - Jose Rodriguez 16 17 18 Vice Mayor - Marlene Ross 19 20 21 Commissioner - William Orlove 22 23 24 Commissioner - Woodrow L. Hay 25 26 ATTEST: 27 28 Commissioner- Steven Holzman 29 30 Janet . Prainito, MMC 31 Cit Clerk 32 (Corporate Seal) 1 S \CA \Ordinances \Ordinance - Noise Revisions (2010)(072810) docS--C \Ordlnanc,e • . • - ! ! Its - 13 -