_Add-On b)Add-on item b)
Sponsored by Vice Mayor Harris
3/3/15 City Commission Meeting
Ordinance No. ____________ 1
2
An Ordinance amending Section 15-93, titled “Noise-creating blowers, power fans, 3
or internal combustion engines, increasing its scope, defining offenses, establishing 4
criterial for measuring noise and establishing penalties. 5
6
WHEREAS, City residents are entitled to peace and quiet at night and on the weekends and 7
holidays; and 8
9
WHEREAS, the use of loud, mechanized yard maintenance equipment has the potential to 10
interrupt sleep and enjoyment of one’s yard; and 11
12
WHEREAS, residents who work may have no other time except weekends to take care of their 13
yards; and 14
15
WHEREAS, certain commercial grade equipment is often larger and louder than consumer grade 16
equipment, even when the engines are properly muffled; and 17
18
WHEREAS, mechanized leaf blowers have been shown to cause respiratory problems by 19
blowing dust and mold particles into the air; and 20
21
WHEREAS, mechanized leaf blowers make particularly annoying and penetrating sounds; and 22
23
WHEREAS, no economic harm to lawn services has been demonstrated in communities where 24
leaf blowers have been banned outright. 25
26
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 27
OF THE CITY OF SOUTH MIAMI, FLORIDA: 28
29
Code of Ordinances Chapter 15, Article III shall be amended thus: 30
31
Sec. 15-93. – Noise-creating blowers, power fans, or internal combustion engines outdoor powered 32
maintenance tools and equipment. 33
(a) It shall be unlawful to operate, or cause to be operated, any internal combustible engine such as noise-34
creating blowers, or power fans, and lawnmowers or any internal combustible engine used for 35
maintenance, the operation of which causes noises due to the explosion of operating gases or fluids, 36
unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device 37
sufficient to deaden such noises, so that the same shall not cause annoyance to the public or disturb the 38
rest and quiet of persons residing or occupying property near enough thereto to be annoyed by the 39
unmuffled blower, fan or exhaust of any such engine harms the quality of life in residential 40
neighborhoods by creating noise, measured on other residential properties, that exceeds the dB SPL levels 41
for the duration listed here: , 42
43
Cumulative Duration of the Intrusive Sound 7 am–11 pm 11 pm–7 am 44
(dBA) (dBA) 45
1. Cumulative period of 30 minutes per hour 55 50 46
2. Cumulative period of 15 minutes per hour 60 55 47
3. Cumulative period of 5 minutes per hour 65 60 48
4. Cumulative period of 1 minute per hour 70 65 49
2
5. Level not to be exceeded for any time per hour 75 50 1
2
If the ambient background noise is higher than the tabled maximum, then that value shall be the noise 3
limit for the purpose of this ordinance. The measurement shall be made at least seven (7) feet back from 4
the real property line of the property on which such sound is generated, or perceived, and approximately 5
five (5) feet above ground. In the case of an elevated or directional sound source, compliance with the 6
sound limits is to be maintained at any elevation at or beyond seven (7) feet from the real property line. 7
8
(b) It is unlawful to operate, or cause to be operated, any internal combustion yard maintenance 9
equipment including lawn mowers, lawn edgers, weed trimmers, leaf blowers, chain saws, chippers, 10
stump grinders, pressure washers, compressors, out-of-doors within 75 feet of any occupied single-unit 11
residential property, or a unit of a multi-residential building, (“Affected Property”),other than the property 12
to which the operation is being applied, without the written consent of the head of the household or one of 13
the tenants over the age of 18 years of the other Affected Property, other than on the days and during the 14
hours set forth herein below: 15
16
(1) Commercial operations are only permitted on weekdays from 8:00 a.m. until 6:00 p.m. and 17
on Saturdays after 9 am and until 2 pm. No operations are permitted at any time on Sundays 18
and legal holidays. 19
20
(2) Non-commercial operations are only permitted on weekdays from 8:00 a.m. until 30 minutes 21
after sunset and on Saturdays and Sundays from 9:00 a.m. until 30 minutes after sunset. 22
23
(3) Use or operation during these prohibited times may be granted by obtaining prior written 24
permission of the head of the household of each of the occupied residences located within 75 25
feet from where the work will occur on the property. Such permission may be rescinded with 26
one week’s prior written notice from the head of the household of any affected property; 27
28
(4) Equipment used to resolve an emergency condition is exempt from this ordinance, if the 29
City Manager determines that an emergency required the use of the equipment. 30
31
(c) It shall be unlawful, ten (10) days after receiving a notice to cease and desist, to use, or cause to be 32
operated, any machinery that in any way causes particulate matter to blow or drift into an inhabited 33
structure or more than five (5) feet onto or over another residential property (“the Affected Property”). 34
The Affected Property owner or occupier may serve a written notice on the offending property owner or 35
occupier of the property from which such particulate matter is emanating, and serve a copy of the notice 36
on the City Manager, demanding that the offending activity cease and that the offending property owner 37
or occupier desist from any further offending activity. The notice shall be served by United States 38
registered or certified mail with proof of delivery by a return receipt. Upon the City’s receipt of the 39
notice, the City Manager or the manager’s designee shall issue a written warning to the offending party. 40
41
(d) The term “cause to be operated”, as used in this ordinance, shall include: 42
43
(1) the act of hiring someone who the hirer knows, or has reason to know, will violate this 44
ordinance in the course and/or scope of such hiring or knows or has reason to know that the hiree 45
has violated this ordinance at any time within 180 days prior to violation in question; or 46
47
(2) allowing the use of equipment in violation of this ordinance when the owner or occupier of 48
the property on or about which such equipment is used, had the right, before the violation, to 49
control such use and the owner or occupier knew, or has reason to know, that the violation would 50
occur or that the violator had violated this ordinance at any time within 180 days prior to the 51
3
violation in question. 1
2
It shall be the responsibility of the owner or occupier who hires another person to perform any work on 3
their property to insure that the person hired, including that person’s employees and subcontractors, does 4
not violate this ordinance. 5
6
(e) The City Manager or the manager’s designee shall issue a written warning to the person or persons 7
who have violated this ordinance. All persons who continue to violate this ordinance after receiving a 8
written warning issued by the City Manager or the manager’s designee shall pay a fine of $250 for the 9
first violation of this ordinance following receipt of a written warning and $500 for each subsequent 10
violation of this ordinance. 11
Section 2: Codification. The provisions of this ordinance shall become and be made part of the 12
Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be 13
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to 14
"section" or other appropriate word. 15
16
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any 17
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 18
the validity of the remaining portions of this ordinance. 19
20
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and 21
parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the 22
intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being 23
in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict 24
needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by 25
amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion 26
that needs to be repealed to harmonize the two ordinances shall be repealed. 27
28
Section 5. Effective Date. This ordinance shall become effective upon enactment. 29
30
PASSED AND ENACTED this ____ day of _____________, 2015. 31
32
ATTEST: APPROVED: 33
34
35
________________________ ________________________ 36
CITY CLERK MAYOR 37
1st Reading 38
2nd Reading 39
40
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 41
LANGUAGE, LEGALITY AND Mayor Stoddard: 42
EXECUTION THEREOF Vice Mayor Liebman: 43
Commissioner Edmond: 44
Commissioner Harris: 45
________________________ Commissioner Welsh: 46
CITY ATTORNEY 47