HomeMy WebLinkAboutO-85-06AORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA
AMENDING SECTION 15-4 OF THE CODE OF ORDINANCES
AND THEREBY ADDING CERTAIN PROHIBITIONS OF THE HOURS
OF OPERATION OF HEAVY EQUIPMENT WHICH GENERATES LOUD
NOISE: ALSO SPECIFYING CRITERIA FOR THE ISSUANCE OF
A SPECIAL PERMIT TO ALLOW THE PROHIBITED ACTIVITIES
OUTSIDE OF THE PROHIBITED HOURS: PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
SECTION I
That Section 15-4 of the Code of Ordinances of the City of
Sebastian, now reading as follows:
"Sec. 15-4. Building Operations.
The erection (including excavation), demolition, alteration,
or repair of any building, other than between the hours of
7:00 a.m. and 6:00 p.m. on weekdays and Saturdays is unlawful,
except in case of urgent necessity in the interest of public
safety and then only with a permit from the Mayor or Building
Official, which permit may be renewed for a period of three (3)
days or less while the emergency continues."
IS HEREBY AMENDED TO READ AS FOLLOWS:
"Sec. 15-4. Construction and Exterior Repair of a Building;
Heavy Equipment Operation.
(1) The erection (including excavation), demolition,
exterior alteration or exterior repairs of any building
or structure, land clearing, the operation of any pile
driver, steam shovel, pneumatic hammer, derrick, hoist,
bulldozer, grader, or other heavy equipment, or other
similar activity which is attended by loud noise, other
then between the hours of 7:00 a.m. and 6:00 p.m. on
weekdays and Saturdays is unlawful except as allowed
by a special permit issued by the Mayor or Building
Official, which permit may be granted for a specific
period of time, and which permit may be renewed for
one or more additional time periods. Any person desiring
to engage in any of the aforementioned activity outside
of the stated hours of limitation may apply to the Mayor
or Building Official for a special permit based on necessity,
undue hardship, in the interest of public health or safety,
or a showing that the activity conducted outside of the
prohibited hours will not cause noise which will disturb
the peace or quiet of the area within hearing of the
activity. In determining the issuance of a special per-
mit, the Mayor or Building Official shall weigh the facts
and circumstances and determine whether the reasons given
to support the issuance of the permit are valid and reason-
able and whether the requested activity, outside of the
restricted hours, will, if permitted, generate excessive
noise, offensive noise, or unduly loud noise, and thereby
disturb the peace or quiet of the area in the range of
hearing of the requested activity. The issurer of a permit
may impose conditions in the permit to prevent the dis-
turbance of the peace or quiet of the area within hearing
of the activity.
(2) This Section shall not apply to the subject activities
conducted by or on behalf of the Government of the United
States, The State of Florida, or Indian River County."
SECTION II
This Ordinance shall be effective upon final passage.
This Ordinance was read for the first time on the ~-~ day
of ~;~ ,1985, and was advertised in the f~$J .Jo..u~/fL
a newspaper of general circulation in the City of Sebastian on the
;~ ~ day of J~ ,1985, and a public hearing was held
in the City Hall of the City of Sebastian, Florida, on the ~~
day of ~~__ ,1985, at which time this ordinance was duly
adopted by the City Council after said Public Hearing.
..l _,ST
City Clerk
Gallagher,~ayor
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
REPEALING SECTION 15-4 OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN, AND THEREBY REPEALING
THE RESTRICTIONS THEREIN, WHICH RESTRICTIONS APPLY
TO PROHIBIT THE ERECTION, DEMOLITION, ALTERATION OR
REPAIR OF ANY BUILDING DURING CERTAIN HOURS OF WEEKDAYS
AND SATURDAYS, AND ON SUNDAYS: PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The City Council of the City of Sebastian, has
determined that the prohibitions of certain building operations
contained in Section 15-4 of the Code of Ordinances may be overly
broad in its application; and
WHEREAS, the Code of Ordinances of the City contains other
provisions relating to nuisances, which provisions also apply
to building operations provided the building operations contain
the elements which constitute a nusiance as defined and sp.ecified
in the nuisance Ordinances; and
WHEREAS, the City Council has determined that building operations
should not be restricted or curtailed unless it is determined that
a given building operation coastitutes a nuisance under other pro-
visions of the City Code of Ordinances; and
WHEREAS, the City Council has determined that a repeal of
Section 15-4 of the City Code will accomplish the intent and
purposes as stated hereinabove;
NOW THEREFORE, BY IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I
That Section 15-4 of~ the Code of Ordinances of the City of
Sebastian, Florida, now reading as follows:
"Sec. 15-4. Building Operations.
The erection (including excavating), demolition,
alteration or repair of any building other than
between the hours of 7:00 a.m. and 6:00 p.m. on
weekdays and Saturdays is unlawful, except in case
of urgent necessity in the interest of public safety
and then only with a permit from the Mayor or Building
Official, which permit may be renewed for a period of
three (3) days or less while the emergency continues."
IS HEREBY REPEALED.
SECTION II
This Ordinance shall be effective immediately upon its
final passage by the City Council.
I HEREBY CERTIFY that the foregoing Ordinance was Finally
passed by the City Council of the City of Sebastian, Florida, on
the day of ,1985.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
by:
Jim Gallagher, Mayor
City Clerk