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Ordinance No. ------
An Ordinance amending the Code of Ordinances Section 15-93, titled
"Noise-creating blowers, power fans, or internal combustion engines,
outdoor powered tools and other equipment" of the existing noise ordinance.
WHEREAS, City residents are entitled to peace and quiet at night and on the weekends
and holidays; and
WHEREAS, the use of loud, mechanized yard maintenance equipment has the potential
to interrupt sleep and enjoyment of one's yard, and
WHEREAS, residents who work may have no other time except weekends to take care
of their yards; and
WHEREAS, certain commercial grade equipment is often larger and louder than
consumer grade equipment, even when the engines are properly muffled; and
WHEREAS, mechanized blowers have been shown to cause respiratory problems by
blowing dust and mold particles into the air.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Code of Ordinances Chapter 15, Article III shall be amended thus:
Sec. 15-93. -Noise-creating blowers, power fansl or internal combustion engines,-outdoor
powered maintenance tools and e:theF-eguipment.
uuJt shall be unlawful to operate or cause to be operated any noise-creating blower or power fan
or any internal combustible engine, which affects residential neighborhoods, the operation of
which causes noises due to the explosion of operating gases or fluids, unless the noise from such
blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden
such noises, so that the same shall not cause annoyance to the public or disturb the rest and quiet
of persons residing or occupying property near enough thereto to be annoyed by the unmuffled
blower, fan or exhaust of any such engine.
(b) At the following times it shall be unlawful to operate or cause to be operated out-of-doors
within 75 feet of any occupied single-unit residential property or duplex other than the property to
which the operation is being applied, without the written consent of the other effected property,
any noise-producing maintenance equipment including lawn mowers, lawn edgers, weed
trimmers, blowers, chain saws, chippers, stump grinders, pressure washers, compressors, etc.:
(1) Commercial operation not permitted from 6:00 p.m. until 8:00 a.m. on weekdays,
nor any time on weekends or on holidays which are defined in section 15-98 of the City
Code.
.
(2) Non-commercial operation not permitted from 30 minutes after sunset until 8:00
a.m. on weekdays or until 9:00 a.m. on weekends.
(3) Use or operation during these times may be granted by obtaining prior written
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permission of the head of the household of each of the occupied residences located
within 75 feet of the property where the work will occur. Such permission may be
rescinded with one week's prior written notice from the head of the household of any
affected property;
(4) Equipment used to resolve an emergency condition is exempt from this ordinance,
subject to interpretation by the City Manager.
(c) It shall be unlawful to use machinery that causes particulate matter to blow or drift on or
through another residential property.
Section 2: Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that
give the appearance of being in conflict when the two ordinances can be harmonized or when
only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If
the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2013.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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