Ordinance 017-1989
Commissioner Gene Lytton
ORDINANCE NO. 017-1989
AN ORDINANCE PROVIDING FOR NOISE POLLUTION
AND EXHAUST REGULATIONS ON VESSEL OPERATING
IN MONROE COUNTY, FLORIDA; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA, as follows:
Section 1.
Pursuant
to
section 327.6-(1),
Florida
Statutes. Monroe County, Florida hereby adopts the following
noise pollution and exhaust regulations enumerated in section
327.65(2)(a) of the Florida Statutes:
1. No person shall operate or give permission for the
operation of any vessel on the waters in Monroe County,
Florida, in such a manner as to exceed the following sound
levels at a distance of 50 feet from the vessel: for all
vessels, a maximum sound level of 90dB A, or those levels
specified in 13.44 - 13.45 of the Monroe County Code.
whichever is more stringent.
2. Any person who refuses to submit to a sound level
test when requested to do so by an law enforcement officer
is guilty of a misdemeanor of the second degree, punishable
as provided in s. 775.082, s. 775.083. or s. 775.084.
(b) The following words and phrases, when used in this
section, shall have the meanings respectively assigned
to them in this subsection.
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1) "dB A" means the composite abbreviation for
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the A-weighted sound level and the unit of sound
level, the decibel.
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2) "Sound level" means the A weighted sound
pressure level measured with fast response using
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an instrument complying with the specification for
sound level meters of the American National
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Standards Institute, Inc., or its successor
bodies, except that only a weighting and fast
dynamic response need be provided.
Section 2.
If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 3.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4.
The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5.
This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~!flt day of J~ ..... , A. D., 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By ~r~{tn
(SEAL)
Attest: :oANNX L. KO~GE, ~leI'li
ADOPTED:
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FILED WITH SECRETAR OF STATE:
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EFFECTIVE DATE:
APMOIIED AI TO,.."
AND LE(';,4L StlFF~K
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305l 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (305) 852-9253
July 7, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
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Enclosed please find a certified copy of Ordinance
No. 017-1989 providing for noise pollution and exhaust regu-
lations on vessels operating in Monroe County; etc.
Dear Mrs. Cloud:
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on June 27, 1989.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 County Commissioners
Clerk
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cc: Municipal Code Corp.
Mayor Michael Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
File
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FLORIDA DEPAR1MENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802. The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
July 11, 1989
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida'33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will' acknowledge:
1. Receipt of letter/s of July 7, 1989
and certified copy/ies of Monroe
County Ordinance(s) Numbers 89-17 and 89-18
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2. Receipt of
relative to:
County Ordinance(s)
( a)
which we have numbered
(b)
which we have numbered
3. We have filed ~~~~/these ordinances in this office
on July 10, 1989. (3:37 pm)
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
S~:tlY, ~
Liz ~, Chief
Bureau of Administrative Code
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