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1 Ordinance No. ------
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3 An Ordinance amending Section 15-93, titled "Noise-creating blowers, power
4 fans, or internal combustion engines, outdoor powered tools and other
5 equipment" of the existing noise ordinance.
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7 WHEREAS, City residents are entitled to peace and quiet at night and on the weekends
8 and holidays; and
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10 WHEREAS, the use of loud, mechanized yard maintenance equipment has the potential
11 to interrupt sleep and enjoyment of one's yard, and
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13 WHEREAS, residents who work may have no other time except weekends to take care
14 of their yards; and
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16 WHEREAS, certain commercial grade equipment is often larger and louder than
17 consumer grade equipment, even when the engines are properly muffled; and
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19 WHEREAS, mechanized leaf blowers have been shown to cause respiratory problems by
20 blowing dust and mold particles into the air, and
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22 WHEREAS, mechanized leaf blowers make particularly annoymg and penetrating
23 sounds; and
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25 WHEREAS, no economic harm to lawn services has been demonstrated in communities
26 where leaf blowers have been banned outright.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
29 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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31 Code of Ordinances Chapter 15, Article III shall be amended thus:
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33 Sec. 15-93. -Noise-creating blowers, power fans l or internal combustion engines,-outdoor
34 powered maintenance tools and equipment.
35 !J!.LIt shall be unlawful to operate or cause to be operated any noise creating blower.-ef pewer
36 fan~ or any-internal combustible engine, which affects harms the quality of life in residential
37 neighborhoods by creating noise measured on other residential properties exceeding the dB SPL
38 levels listed here: , the operation of which causes noises due to the explosion of operating gases
39 or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a
40 muffler device sufficient to deaden such noises, so that the same shall not cause annoyance to the
41 public or disturb the rest and quiet of persons residing or occupying property near enough thereto
42 to be annoyed by the unmuffled blm,ver, fan or exhaust of any such engine
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Cumulative Duration of the Intrusive Sound 7 am-11 pm 11 pm-7 am
(dBA) (dBA)
1. Cumulative period of 30 minutes per hour 55 50
2. Cumulative period of 15 minutes per hour 60 55
3. Cumulative period of 5 minutes per hour 65 60
4. Cumulative period of 1 minute per hour 70 65
5. Level not to be exceeded for any time per hour 75 50
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3 If the ambient background noise is higher than the tabled maximum, then that value shall be the
4 noise limit for the purpose of this ordinance. The measurement shall be made as close as possible
5 to the real property line on which such sound is generated, or perceived, and approximately five
6 (5) feet above ground. In the case of an elevated or directional sound source, compliance with the
7 sound limits is to be maintained at any elevation at or beyond the real property line.
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9 (b) At the following times it shall be unlawful to operate or cause to be operated out-of-doors
10 within 75 feet of any occupied single-unit residential property, or a unit of a multi-residential
11 building, ("Effected Property"),other than the property to which the operation is being applied,
12 without the written consent of the head of the household or one of the tenants over the age of 18
13 years of the other Effected Property, any noise-producing yard maintenance equipment including
14 lawn mowers, lawn edgers, weed trimmers, leaf blowers, chain saws, chippers, stump grinders,
15 pressure washers, compressors:
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17 (1) Commercial operation not permitted from 6:00 p.m. until 8:00 a.m. on weekdays,
18 nor any time on weekends or on holidays, which are defined in section 15-98 of the City
19 Code.
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21 (2) Non-commercial operation not permitted from 30 minutes after sunset until 8:00
22 a.m. on weekdays or until 9:00 a.m. on weekends.
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24 (3) Use or operation during these times may be granted by obtaining prior written
25 permission of the head of the household of each of the occupied residences located
26 within 75 feet of the property where the work will occur. Such permission may be
27 rescinded with one week's prior written notice from the head of the household of any
28 affected property;
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30 (4) Equipment used to resolve an emergency condition is exempt from this ordinance,
31 subject to interpretation by the City Manager.
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33 (c) It shall be unlawful to use machinery in a way that causes objectionable dust or other
34 particulate matter to blow or drift on or through another residential property.
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36 (d) Use of powered leaf blowers shall not be permitted within 50 feet ofa residential zoned
37 property.
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2 Section 2: Codification. The provisions of this ordinance shall become and be made
3 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
4 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
5 "ordinance" may be changed to "section" or other appropriate word.
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7 Section 3 .. Severability. If any section, clause, sentence, or phrase of this ordinance is
8 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
9 shall not affect the validity of the remaining portions of this ordinance.
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11 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
12 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
13 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
14 that give the appearance of being in conflict when the two ordinances can be harmonized or
15 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
16 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
17 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
18 to harmonize the two ordinances shall be repealed.
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20 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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22 PASSED AND ENACTED this __ day of ,2013.
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24 ATTEST: APPROVED:
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28 CITY CLERK MAYOR
29 1 st Reading
30 2nd Reading
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32 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
33 LANGUAGE, LEGALITY AND Mayor Stoddard:
34 EXECUTION THEREOF Vice Mayor Liebman:
35 Commissioner Newman:
36 Commissioner Harris:
37 Commissioner Welsh:
38 CITY ATTORNEY
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