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Ordinance No. _____ _
An Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans,
or internal combnstion engines, increasing its scope, defining offenses, establishing
criterial for measnring noise and establishing penalties.
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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 leaf blowers have been shown to cause respiratory problems by
blowing dust and mold particles into the air; and
WHEREAS, mechanized leaf blowers make particularly annoying and penetrating sounds; and
WHEREAS, no economic harm to lawn services has been demonstrated in communities where
leaf blowers have been banned outright.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Code of Ordinances Chapter 15, Article ill shall be amended thus:
Sec. 15-93. -Noise-creating hlaweFs, JloweF fans, 61' internal combustion engines-outdoor powered
maintenance tools and equipment.
ill})t shall be unlawful to operate, or cause to be operated, any internal combustible engine such as ooise-
ereating blower~,--er Jlewer fans, and lawnmowers er any int9fBal semlHlstible engine used for
maintenance, the eperatien ef which sanses neises Effie te the eltplssien ef eperating gases eF fiHias,
Hnless the neise Hem sHeR blewer er fan is IBHfflea ana sHeR engine is eqHippea ""ith a IBHffler aeviee
sHffieient te aeaaen SHOO neises, se that the same sRail Bet eanse aBBeyanee te the pHbli. eF aisrurb the
rest ana qHiet ef perssns resiaing ef eeeHp),ing prepeIt)' near ensHgR theFete te be aBBeyea by the
HBlBHfflea blewef, fan er elrnanst sf any sHeR engine harms the quality of life in residential
neighborhoods by creating noise, measured on other residential properties, that exceeds the dB SPL levels
for the duration listed here: ,
Cumulative Duration of the Intrusive Sound 7 am-II pm 11 pm-7 am
(dBA) (dBA)
1. Cumulative period of 3 0 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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2 If the ambient background noise is higher than the tabled maximum, then that value shall be the noise
3 limit for the pU!'Jlose 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.
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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 ofthe 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:
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16 (I) 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.
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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.
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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;
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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.
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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 ofthe 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.
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41 (d) The term "cause to be operated", as used in this ordinance, shall include:
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43 (I) 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
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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 violation in question.
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It shall be the responsibility of the owner or occupier who hires another person to perform any work on
their property to insure that the person hired, including that person's employees and subcontractors, does
not violate this ordinance.
Ce) The City Manager or the manager's designee shall issue a written warning to the person or persons
who have violated this ordinance. All persons who continue to violate this ordinance after receiving a
written warning issued by the City Manager or the manager's designee shall pay a fine of $250 for the
first violation of this ordinance following receipt of a written warning and $500 for each subsequent
violation of this ordinance.
Section 2: Codification. The provisions of this ordinance shall become and be made part of the
Code of Ordinances of the Ci1y of South Miami as amended; that the sections of this ordinance may be
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
"section!! or other appropriate word.
Section 3. Severabili1y. 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 validi1y of the remaining portions of this ordinance.
Section 4. Ordinances in ConDict. 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 _____ , 2015.
ATTEST:
CITY CLERK
1 st 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 Edmond:
Commissioner Harris:
Commissioner Welsh:
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