Item K1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2014 Division: _County Administrator
Bulk Item: Yes _ No x Department: County Administrator
Staff Contact Person/Phone#: Connie Cyr/292-4441
AGENDA ITEM WORDING:
Request to speak to the Board of County Commissioners in regard to: noise ordinance to protect
homeowners from excessive noise from animals not legally allowed to be boarded in a residential
neighborhood—Eleanor McAdams.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
Cyr-Connie
From: Eleanor McAdams <eleanor@tmigfla.com>
Sent: Tuesday, February 04, 2014 8:07 AM
To: Cyr-Connie
Subject: Sounding Board Feb 19th meeting
Attachments: Ordinance 011-1978.pdf;ARTICLE_N._NOISE.docx;ARTICLEI_IN GENERAL
Animals.docx
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Ms.Connie:
Please place me on the agenda for the above stated meeting. Attached are some of the documents that I want
submitted to make my point.
My name is:
Eleanor McAdams
28188 Julia Ave
Little Torch Key FL 33042
305-731-9132
1 would like to speak about the lack of checks and balances in the noise ordinance to protect homeowners from
excessive noise from animals not legally allowed to be boarded in a residential neighborhood.
Your help in this matter is greatly appreciated.
45&44a% W&rZ
Eleanor@tmiafla.com
t
-CODE OF ORDINANCES
Chapter 4-ANIMALS
ARTICLE |. |WGENERAL
ARTICLE 1. IN GENERAL
Sec.4-1. Definitions.
Sec.4-2. Short title, authority and Durpose of provisions.
Sec.4-3. Legislative findings and intent.
Sec. 4-4. Surrender of animal to animal control
9!Lty-
Sec. 4-5.Areas of enforcement.
Sec. 4-6. Right of board,to enact rules and regulations.
Sec. 4-7.Animals in county fewer than 30 days expMpt.
Secs. 4-8-4-36. Reserved.
Sec. 4-1- Definitions.
The following mmrde, terms and phnssnu, when used in this phapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal
obligations for care and support of an animal by its owner, or to leave an animal unattended for more than
24 hours, or to release the animal upon public roads or public or private lands, or to fail to provide
adequate food, water, exercise or medical care.
Animal means any living dumb creature, including any mammal, bird,fish, reptile, ferret, turtle, horse,
mollusk, crustacean, wr any other vertebrate other than a human being.
Animal at large means any animal, other than a cat, that is not under the control, custody, charge or
possession of the owner or other responsible person in attendance, by |wash, secure fence or other
means pfconfimamentorrestraint.
Animal control officer means any person employed or appointed by the county for the purpose of
enforcing county ordinances or state statutes pertaining to animal coma and opntrn|, who is authorized to
investigate on public or private property civil infractions relating to animal control nr cruelty and to issue
o|baUono as provided in this chapter, and whose appointment is approved by the board of county
commissioners, and whose appointment|s approved bym judge of the county court pr circuit court for the
county. For purposes of enforcement of violations of this chapter, the terms "animal control officer" and
"an|mna|control supervisor"are interchangeable.
Animal control shelter means ohaoi|ity designated or recognized by the county or the state for the
purpose mfimpounding and/or caring for animals, including a contract service providsr, such as a local
animal protection shelter, that may include a humane society.
Animal control supervisor means a person who has been duly appointed as an animal control officer
and who is:
(1) The person, if the function of animal control is administered by county employees or if a single
independent contractor has contracted for animal oqntnn| services opunty+wide, who has
authority and responsibility for all county animal shelters and to whom all duly appointed animal
control officers shall report; qr
Monroe County, Florida, Code oyOrdinances Page
-CODE OF ORDINANCES
Chapter 4-ANIMALS
ARTICLE I. IN GENERAL
(2) Any person with authority and responsibility for one or more county animal shelters and to
whom duly appointed animal control officers shall report by area under the jurisdiction of any
single contractor, if the animal control functions within the county are administered by more than
one independent contractor.
Animal fighting means fighting between roosters or other birds or between dogs, or between other
animals of the same species.
Bait means to attack with violence, to provoke, or to harass an animal with one or more animals for
the purpose of training an animal for, or to cause an animal to engage in, fights with or among other
animals. In addition, the"baiting"means the use of live animals in the training of racing greyhounds,
Cat means any member of the species felis catus.
Charging instrument means a writing or document that recites the mode of committing an offense.
Citation means a charging instrument or written notice, issued to a person by an animal control
officer or law enforcement officer, that the officer has probable cause to believe that the person has
committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the
charge.The citation must contain:
(1) The date and time of issuance;
(2) The name and address of the person;
(3) The date and time the civil infraction was committed;
(4) The facts constituting probable cause;
(5) The section of this Code violated,
(6) The name and authority of the officer;
(7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or
to appear in court as required this section;
(8) The applicable civil penalty if the person elects to contest the citation;
(9) The applicable civil penalty if the person elects not to contest the citation;
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed,
or fails to appear in court to contest the citation, the person shall be deemed to have waived his
right to contest the citation and that, in such case,judgment may be entered against the person
for an amount up to the maximum civil penalty; and
(11) A conspicuous statement that if the person is required to appear in court as mandated by this
section, he does not have the option of paying a fine in lieu of appearing in court.
Commercial kennel or cattery means a facility that offers the services of a kennel or cattery for a
profit.
Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an
animal, and includes, but is not limited to, any omission of a duty to provide food and water, shelter, and
health care which omission causes unjustifiable pain or suffering of an animal, and allowing pain or
suffering to continue when there is reasonable remedy or relief.
Dangerous dog means any dog that according to the records of the appropriate authority:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human
being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off the owner's property;
Monroe County, Florida, Code of Ordinances Page 2
-CODE OF ORDINANCES
Chapter 4-ANIMALS
ARTICLE I. IN GENERAL
(3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog
fighting; or
(4) Has, when not provoked, chased, or approached a person upon the streets, sidewalks, or any
public grounds in a menacing fashion or apparent attitude of attack, provided that such actions
are attested to in a sworn statement by one or more persons and dutifully investigated by the
animal control supervisor. The term does not include the following:
(1) A dog that bites or attacks a person or animal that provokes, torments, tortures, or treats
the animal cruelly or is unlawfully on the property of the owner; or
(2) A dog that is responding in a manner that an ordinary and reasonable person would
conclude was designed to protect itself or another animal or a person if that person is
engaged in lawful activity and is the subject of an assault or battery or animal attack; or
(3) A dog that was engaged in law enforcement work under the direction of a law enforcement
officer; or
(4) A dog that was engaged in a legal hunt or in a legal sport or exhibition such as obedience
trial, conformation show, field trial, huntinglretrieving trial, or herding trial.
Direct control means control that is immediate and continuous.
Dog means any member of the species canis familiaris.
Domesticated companion animal means an animal that has traditionally, through a long association
with humans, lived in a state of dependence upon humans or has been traditionally kept as a household
pet, including, but not limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots,
cockatiels, cockatoos, canaries, love birds,finches and tropical fish.
Effective voice command means voice control within 20 feet by a competent person which at all
times prevents the animal subject to the voice control from running at large or otherwise violating the
provisions of this chapter.
Ferret means any member of the species mustela furo.
Keeper means any person possessing or having custody of an animal.
Kennel or cattery means any establishment, except a pet shop or animal protection shelter, wherein
or whereon animals are kept for boarding, training, care and grooming, breeding, or stud services for
remuneration, or sales of offspring or adult animals, but does not include a veterinarian hospital.
Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control
the movement of the animal by the holder thereof.
License certificate means a license document issued pursuant to this chapter. The board may, by
resolution, authorize the license certificate and rabies vaccination certificate to be a combined document.
License tag means a license tag, designed to be attached to an animal collar, issued pursuant to this
chapter.
Licensed veterinarian means a veterinarian licensed to practice in the state.
Livestock means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks,
steers, heifers, cows, calves, mules, jacks, jennies, burros, goats, kids, swine, and any other fur-bearing
animals being raised in captivity, including those other animals recognized by the department of
agriculture as being within the jurisdiction of its department.
Neglect means failure to comply with the minimum requirements for animal care set forth in this
chapter.
Monroe County, Florida, Code of Ordinances Page 3
-CODE OF ORDINANCES
Chapter 4-ANIMALS
ARTICLE I. IN GENERAL
Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration,
implantation of a device or other physical means, or permanently incapable of reproduction because of
physiological sterility, but only where the neutered or spayed condition has been certified by a
veterinarian licensed in any state.
Notice means a notice to appear, unless the context of the chapter requires a different definition.
Nuisance means the following;
(1) An animal that habitually barks, howls, cries, screams or makes other bothersome noises any
time of day or night,or
(2) Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated
destruction or soiling of any public or private property, habitual chasing of persons, cars or other
vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of
injury to persons or property.
Officer means any law enforcement officer defined in F.S. § 943.10. or any animal control officer.
Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the
governing body of a county or municipality, the violation of which is a civil infraction.
Owner means any person or custodian in charge of an animal and includes any person having a
right of property in the animal; or an authorized agent of the person having a right of property in the
animal; every person who keeps or harbors the animal or has it in his care, custody or control; and any
person who has the apparent authority to have a right of property in the animal. The term shall include
every person who resides at the same address or permits an animal to remain on the premises in which
that person resides, if such person is of legal age.
Person means any individual, corporation, society, co-partnership, limited partnership, limited liability
company, association, or any other legal or business entity. Knowledge and acts of agents and
employees of corporations in regards to animals transported, owned, employed by or in the custody of a
corporation, shall be held to be the knowledge and act of such corporation.
Pet means any domesticated companion animal, excluding livestock, poultry, or wild animals, that is
owned by any person.
Poultry means any domestic fowl, ornamental birds, and game birds.
Premises means a tract of land, including its dwelling units, buildings and other appurtenances.
Provoke means to perform an act or omission that an ordinary and reasonable person would
conclude is likely to precipitate the bite or attack by an animal.
Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in
a place as approved by the animal control supervisor of all animals specified in the order.
Rabies suspect animal means any animal that has bitten, scratched, or broken the skin of a human
being, been in contact with or been bitten, scratched or has had its skin broken by a rabid animal; or any
animal that shows symptoms suggestive of rabies.
Rabies vaccination certificate means a certificate issued by a licensed veterinarian attesting that the
animal has been inoculated against rabies. The certificate shall be Form 51, "Rabies Vaccination
Certificate" of the National Association of State Public Health Veterinarians or an equivalent form
containing all the information required by such form. The form may be combined with the license
certificate and the veterinarian who administers the rabies vaccine to the animal may affix his signature
stamp in lieu of an actual signature.
Rabies vaccination tag means a tag, designed to be attached to an animal collar and containing the
rabies vaccination certificate number.
Monroe County, Florida, Code of Ordinances Page 4
-CODE OF ORDINANCES
Chapter 4-ANIMALS
ARTICLE I. IN GENERAL
Sporting kennel or cattery means a facility that offers no services for profit, that maintains animals
solely for the owner's sporting or hobby purposes, and that sells offspring and adult animals only on an
occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one
litter per fertile female per year.
Tether means a rope or chain fastened to an animal and a stationery object to keep the animal within
a certain boundary.
Torment means an act or omission, including abandonment or neglect that causes pain, suffering, or
distress to an animal, including mental or emotional distress as evidenced by the animal's altered
behavior.
Veterinary hospital means any establishment operated by a licensed veterinarian for surgery,
diagnosis, and treatment of diseases, illnesses, and injuries of animals.
Wild animal means any animal that is not a domesticated companion animal, or that is any
crossbreed of wild animals with domestic animals, or any descendant of any crossbreed. Such animals
include, but are not limited to: any venomous snake, python or constrictor snakes, owls, porcupines,
monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolf-
hybrids, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground
hogs, moles, gophers, micelrodents, bats, birds, and any related fur or feathered nondomesticated
companion animals.
(Code 1979, § 3 3 a° . No dM 6200 , § 1" Ord, No. 030-2010, § 1 "d
Sec. 4-2. Short title; authority and purpose of provisions.
This chapter shall be referred to as the "Monroe County Animal Control Ordinance" and is enacted
under the powers of the board of county commissioners to regulate animals and animal owners and
keepers in the interest of the health, safety and welfare of the citizens of the county.
Sec. 4-3. Legislative findings and intent.
The board of county commissioners finds that ownership of an animal carries with it responsibilities
to the county and the general public with regard to care and control of the animal. In interpretation and
application, the provisions of this chapter shall be construed to impose a primary responsibility for
compliance with this chapter on the owner of an animal. The board of county commissioners concludes
that it is advisable to enact a revised animal control ordinance in the interest of protecting public health
and safety, promoting the welfare of animals within the county and providing for the orderly and uniform
administration of the provisions governing animal welfare and control.
(1) The board of county commissioners finds that the presence of dangerous dogs, as defined in
this chapter, within the county creates an increased danger to public health and safety and to
the welfare of other animals and people.
(2) The board of county commissioners finds that the authority endowed upon the county
administrator to reassign and reallocate job functions may result in changes in the division
director assigned responsibility by the county administrator for oversight of the animal control
functions.
(3) The board of county commissioners finds that it is inhumane to mistreat, neglect or abandon an
animal. It is the intent of this chapter to impose penalties of significance in order to deter such
Monroe County, Florida,Code of Ordinances Page S
-CODE OF ORDINANCES
Chapter 4-ANIMALS
ARTICLE I. IN GENERAL
action and to reduce the possibility of repeat violations by rendering the violators ineligible to
adopt pets from county animal shelters.
(4) The board of county commissioners finds that proposed penalties for abandonment, permanent
identification, breeding and spay/neuter requirements differ significantly from penalties existing
on the books, which penalties are no longer commensurate with the severity of the violation,
and, therefore, changes to this chapter need to incorporate a system of penalties designed to
provide leniency and education for a first offense and a penalty of significance to act as a
deterrent for subsequent offenses, and to provide uniformity to enhance the ability of animal
control officers and the court to enforce the animal control laws.
(5) Subsection 19-153(b) of the Monroe County Code (repealed by Ordinance No. 006-2006) limits
domesticated animals to two per household, which conflicts with the four allowed per premises
in section 4-77
(6) The board of county commissioners finds that it is inhumane to chain, tether, or tie a dog to a
stationary object or to confine it in a small space.
(7) The board of county commissioners finds that pet overpopulation continues to have a negative
impact on our communities by threatening the ecosystem and requiring enhanced animal
control services.
(8) The board of county commissioners finds that pets that find egress from fenced yards and other
enclosures in order to seek out other animals are predominantly unaltered and become a
nuisance by uncontrolled breeding and running at large.
(9) The board of county commissioners finds that violations of the state statutes governing the
treatment of animals are more likely to be addressed if this Code incorporates some of the
statutory provisions to enable enforcement of such laws by local government officers.
(10) It is the intent of the board of county commissioners that this chapter shall:
a. Make provisions for penalties and contesting citations uniform;
b. Eliminate inconsistencies and errors in this Code and make the codified provisions
regarding animals easier to understand and apply;
c. Provide incentives to those demonstrating responsible pet ownership;
d. Impose penalties of significance in order to deter abandonment, mistreatment, and other
inhumane action and to reduce the possibility of repeat violations by rendering the violators
ineligible to adopt pets from county animal shelters; and
e. Require pet owners to be fully responsible for their pets, to have them neutered or to take
extraordinary precautions to prevent the pets from having further negative impacts caused
by uncontrolled breeding, and requiring an exemption license, forfeitable for
noncompliance.
(Code i 7'9, § 3-2, Ourd. 114 . 006 200 „ § i; Ord. No. 030-2010. 5 2
Sec. 4-4. Surrender of animal to animal control supervisor; interference with officer in
performance of duty.
It is unlawful for any person to refuse to surrender an animal upon lawful demand by the animal
control supervisor or an animal control officer. It is unlawful for any person to attempt to take any animal
from the custody of the animal control supervisor or an animal control officer or to attempt to take any
animal from a county animal control shelter without permission of the animal control supervisor or animal
control officers in the performance of their duties under this chapter.
Monroe County, Florida, Code of Ordinances Page 6
-CODE OF ORDINANCES
Chapter 4-ANIMALS
ARTICLE I. IN GENERAL
(Code 1 97 , § 3-25-1 Ord, No, 006 2006, § `i
Sec. 4-5. Areas of enforcement.
Pursuant to article Vill, section 1 of the Constitution of the State of Florida, the board may enforce
this chapter throughout the unincorporated areas of the county, and within the incorporated areas of the
county to the extent the chapter does not conflict with any municipal ordinance.
Sec. 4-6. Right of board to enact rules and regulations.
The board may enact reasonable rules and regulations to implement and carry out the provisions of
this chapter, including, but not limited to, the right to regulate or exempt certain animals from this chapter,
and the right to regulate the numbers and types of animals and the conditions under which they may be
maintained in residentially zoned areas.
(Code 197'91, § 3 2; O�d, 06 "'001 , § 'I)
Sec. 4-7. Animals in county fewer than 30 days exempt.
The vaccination and licensing provisions of this chapter shall not apply to animals that remain in the
county for a period of fewer than 30 days.
)
Secs. - .
Monroe County, Florida, Code of Ordinances Page 7
-CODE OF ORDINANCES
Chapter 17-OFFEN5E5 AND MISCELLANEOUS PROVISIONS
ARTICLE IV. IS
ARTICLE IV. NOISE M
Sec. 17-128. Applicability.
Sec. 17-129. Definitions.
Sec. 17-130. Prohibition against unreasonable noise, soundproofing requirement,
Sec. 17-131. Emergency exception.
Sec. 17-132. Motor vehicle noise emissions.
Sec. 17-133. Special variance.
Sec. 17-134. Liability; penalties and enforcement.
Secs. 17-135-17-151, Reserved.
Sec. 17-128, Applicability.
This article shall apply to all sound or noise originating from a sound source within the
unincorporated area of the county.
(Code 1979, § 13 51 ()n�l, 14o, 3�?,2(1)0(11 § 3)
Sec. 17-129. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Customary sleeping hours means the period of time commencing at 10:00 p.m. and ending at 8:00
a.m. the following morning, except that on Friday and Saturday nights, the period shall commence at
11:00 p.m. rather than 10:00 p.m. On the New Year's Eve holiday, the period shall not commence until
1:00 a.m. on January 1.
Emergency or emergency work means any occurrence or set of circumstances involving or creating
actual or imminent physical trauma or property damage that demands immediate attention.
Property boundary means the imaginary line along the surface, and its vertical plane extension, that
separates the real property owned, rented, or leased by one person from that owned, rented, or leased by
another person.
Public right-of-way means any street, avenue, boulevard, lane, highway, sidewalk, alley, or similar
place normally accessible to the public that is owned or controlled by a governmental entity or that has
been dedicated to use or access for the benefit of the public or adjacent property owners.
Soundproof means any physical arrangement or configuration of a building that is sufficient to
prevent the sound of live entertainment or amplified sound from constituting unreasonable noise within
any residence or residential property, or from any other nonresidential establishment more than 200 feet
away from a property boundary of the sound source.
Unreasonable noise means:
Monroe County, Florida, Code of ordinances Page 1
-CODE OF ORDINANCES
Chapter 17-OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IV. NOISE
(1) Any noise of which with the exercise of reasonable care, the maker or operator should know is
loud and raucous due to its volume, character, duration, time of occurrence, or the number of
persons affected, regardless of its source or content; or
(2) Any noise that equals or exceeds a measured sound level of 60 dBA for more than ten percent
of any measurement period that shall not be less than ten minutes when measured at or beyond
any property boundary of the sound source.
(Code 1979, . III ". n Ord.. No ...2000, �' dud II 0 ' 001
Sec. 17-130a, Prohibition against unreasonable noise; soundproofing requirement.
(a) No person shall make, continue, or cause to be made any unreasonable noise.
(b) If a complaint arises from a multistory structure, the determination of whether such sound constitutes
unreasonable noise shall be made from a story height equal to that of the sound source.
(c) Any commercial structure or property that provides live entertainment or amplified sound, including
any portable structure or vehicle of any type, shall be fully enclosed and soundproofed whenever
such live entertainment or amplified sound is provided during customary sleeping hours. No person
shall, during customary sleeping hours, make, continue or cause to be made any live entertainment
or amplified sound in or on such commercial structure or property except within a fully enclosed and
soundproofed structure,. The occasional escape of noise resulting from the opening of access doors
is expected and the brief period of noise therefrom shall not constitute a per se violation of this
subsection, but if escape noise is unreasonable noise, it shall constitute a violation of subsection (a)
of this section.
Sec. 17-131. Emergency exception.
The provisions of this article shall not apply to the emission of sound for the purpose of alerting
persons to the existence of an emergency or emergency vehicle or the performance of emergency work.
(Code .I 79 ; ,i .i Ord. II'to 32,..2000 . 3)
Sec, 17-132. Motor vehicle noise emissions.
No person shall operate or cause to be operated any motor vehicle off a public right-of-way in
violation of this article. This article shall apply to all motor vehicles, whether or not duly licensed or
registered, including, but not limited to, commercial or recreational racing vehicles, motorcycles, dirt bikes,
mopeds, go-carts, amphibious vehicles, campers, power boats, personal watercraft, or any other engine-
powered vehicle.
Sec. 17-133. Special variance.
(a) Application and determination. Upon application to the planning director, a special variance may be
granted from the provisions of this article, A special variance may be granted only if the planning
director determines that compliance with this article would cause an unreasonable hardship on the
applicant, community or other persons. In determining whether to grant or deny the application, the
planning director shall balance the hardship on the applicant, the community, and other persons
Monroe County, Florida, Code of Ordinances Page 2
-CODE OF ORDINANCES
Chapter 17-OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IV. NOISE
against the adverse impact on the health, safety, and welfare of the person and property to be
affected. In granting or denying an application, the planning director shall issue to the applicant a
written decision stating the reasons therefor. Applicants or any persons contesting the application
may be required to submit any information the planning director may reasonably require. A special
variance shall not be granted to apply for more than 365 days from the date on which it was granted.
Applications for extensions, renewals, or modifications to special variances shall be treated like
applications for initial variances.
(b) Notice and time requirements. Notice of an application for a special variance shall be given by the
planning director by registered mail to any adjacent property owner if the activity to be exempted is to
be a fixed site. Such notices shall be mailed within five business days of the planning director's
receipt of a completed application for a special variance. Within ten business days of the planning
director's receipt of a completed application, he shall cause to be published in a newspaper of
general circulation a public notice describing the proposed special variance and informing any
persons who believe they may be adversely affected if the special variance is granted of the method
and ability to file a protest. Any person who claims to be adversely affected shall file a statement
containing any information to support his claim. Such statements must be filed within five days of
receipt of the planning director's notice or the date of publication of the notice of special variance.
Upon a determination that the application is complete, the time has expired for filing of protests, and
that any additional information needed has been received, the planning director shall render a
decision granting or denying the special variance within two business days. The planning director
shall notify the applicant and all persons who protested the application of his decision by registered
mail no later than the business day following the day the decision was rendered.
(c) Appeals. The applicant or any person who protested the special variance may appeal the planning
director's decision to the board of county commissioners by filing a notice of appeal with the planning
director within five business days of receipt of the planning director's decision. The planning director
shall agenda the appeal for the next regularly scheduled board of county commissioners meeting
and shall transmit to the board of county commissioners a coherent and orderly record of the special
variance file in his custody. If the planning director determines that there is insufficient time to
transmit the record in time for the next regularly scheduled board of county commissioners meeting,
he shall agenda the appeal for the following regularly scheduled meeting. If time is of the essence,
he may request the mayor to schedule a special meeting. The board of county commissioners shall
entertain appeals pursuant to this section on the record but shall allow the applicant and any person
who protested the application to make such arguments based on the record as they may choose,
subject to any reasonable time limits the board of county commissioners may determine. The board
of county commissioners' appellate review shall be de novo. The board of county commissioners
may request the planning director to elaborate upon or explain any documents or other evidence in
the record. Upon conclusion of the parties' argument and the receipt of any comments from the
planning director, the board of county commissioners may affirm, reverse, or modify the decision of
the planning director based on the board of county commissioners' evaluation of the record, and the
arguments and comments presented. The board of county commissioners' decision shall be made
by resolution and shall state the reasons and/or findings in support thereof.
Sec. 17-134. Liability; penalties and enforcement.
(a) The maker or creator of a noise and the operator and/or owner of its sound source shall each be
subject to liability for violations of this article. If prosecuted jointly, each shall be jointly and severally
liable for any fines imposed pursuant to this article.
(b) A violation of this article is an offense. If a code enforcement citation is issued, the fine shall be
$250.00 for a first offense and $500.00 for subsequent offenses. In addition, the business license
Monroe County, Florida,Code of Ordinances Page 3
-CODE OF ORDINANCES
Chapter 17-OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IV. NOISE
issued for a commercial entity may be revoked by the special magistrate or court of competent
jurisdiction upon a finding of two or more violations of this article by the same entity.
(Code 1979, § 13 571' Ord, No, 32 2000,, § 3: Q'd Nri, 022 2004 § 21)
Secs. 17-135-17-151. Reserved.
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FOOTNOTE(S):
State L:)w reference— lvlotor vehic�e �ioise, 403 413, 316 293, (Back)
Monroe County, Florida,Code of Ordinances Page 4
ORDINANCE NO Il - 1978
AN ORDINANCE PERTAINING TO MONROE COUNTY,
FLORIDA: ENTITLED "NOISE CONTROL ORDINANCE
OF THE COUNTY OF MONROE"; ADOPTING CONTROLS
ON THE EMISSIONS OF NOISE: ADOPTING STANDARDS
AND ACCEPTABLE NOISE LEVELS: PROVIDING DEFI-
NITIONS: MAKING IT UNLAWFUL TO EXCEED SAID
STANDARDS: PROVIDING PROCEDURES FOR MEASURING
SOUND LEVELS: ESTABLISHING AN ENFORCEMENT
PROGRAM: PROVIDING FOR A PENALTY: REPEALING
PRIOR NOISE ORDINANCE: PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AS FOLLOWS:
ARTICLE I. SHORT TITLE
This ordinance may be cited as the "Noise Control Ordinance
of the County of Monroe".
ARTICLE II. DECLARATION OF FINDINGS AND POLICY: SCOPE
2.1 DECLARATION OF FINDINGS AND POLICY
WHEREAS, excessive sound constitutes a menace to the public
health and welfare and the quality of life;
WHEREAS, a substantial body of science and technology exists
by which excessive sound may be substantially abated;
WHEREAS, the Florida Constitution establishes the right of
the people to an environment free from excessive and unnessary sound;
and
WHEREAS, excessive and unnecessary sound that may jeopardize
human health or welfare or may substantially degrade the quality
of life is well within the purview of this governing body's police
powers;
NOW THEREFORE, it is the policy of the County of Monroe to
prevent, prohibit and provide for the abatement of excessive and
unnecessary noise which may injure the health or welfare of its
citizens or degrade the quality of life.
2.2 SCOPE
This ordinance shall apply to the control of all sound origi-
nating within the unincorporated area of Monroe County, Florida.
APPROVED ON,
BAGi{ S _PAGC QCA
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ARTICLE III. DEFINITIONS AND STANDARDS
3.1 TERMINOLOGY AND STANDARDS
All terminology used in this ordinance, not defined below,
shall be in conformance with applicable publications of the American
National Standards Institute (ANSI) or its successor body.
3.2.1 "A-WEIGHTED SOUND LEVEL" MEANS
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is
designated dBA.
3.2.2 "COMMERCIAL AREA" MEANS
Any area lying within a BU-1, BU-2, or RU-7 zoned area as
shown on the official zoning maps of Monroe County, Florida. The
term "commercial" shall mean the same as "business" and shall also
include any RU--3 area devoted to hotel or motel use.
3.2.3 "DECIBEL (dB)" MEANS
A unit for describing the amplitude of sound, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals
(20 micronewtons per square meter) .
3.2.4 "EMERGENCY" MEANS
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
3.2.5 "EMERGENCY WORK" MEANS
Any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or
caused by an emergency.
3.2.6 ENVIRONMENTAL PROTECTION OFFICE NOISE CONTROL OFFICE
EPO CO )" MEANS
The Monroe County Planning and Zoning Department which shall
be the department having lead responsibility for the enforcement of
this ordinance but the same may be enforced by State or County law
enforcement personnel.
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3.2.7 "INDUSTRIAL AREA" MEANS
Any area zoned BU-3 as shown on the official zoning maps of
Monroe County, Florida.
3.2.8 MULTI-FAMILY DWELLING" MEANS
A building or other shelter that has been divided into
separate units to house more than one family and shall include the
term "duplex".
3.2.9 "NOISE" MEANS
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect on
humans.
3.2.10 "NOISE DISTURBANCE" MEANS
Any sound in quantities which are or may be potentially
harmful or injurious to human health or welfare, animal or plant
life or property, or unnecessarily interfere with the enjoyment
of life or property, including outdoor recreation, of a reasonable
person with normal sensitivities.
3.2.11 "PERSON" MEANS
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or in-
strumentality of the United States, a State or any political sub-
division of a State.
3.2.12 "PUBLIC RIGHT-OF-WAY" MEANS
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place normally accessible to the public which is owned
or controlled by a governmental entity or which has been dedicated to
use for the benefit of the public or adjacent property owners.
3.2.13 "PUBLIC SPACE" MEANS
Any real property or structures thereon normally accessible
to the public.
3.2.14 "REAL PROPERTY LINE" MEANS
An imaginary line along the surface, and its vertical plane
extension, which separates the real property owned, rented or
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leased by one person from that owned, rented, or leased by another
person, excluding intra-building real property divisions.
3.2.15 "RESIDENTIAL AREA" MEANS
Any area zoned as RU-1, RU-lM, RU-LE, RU-2, and RU-3
(except motels and/or hotels) , RU-4, RU-5, RU-SP, and RU-6 as shown
on the official zoning maps of Monroe County, Florida.
3.2.16 "SOUND" MEANS
An oscillation in pressure, stress, particle displacement,
particle velocity of other physical parameter, in a medium with
internal forces. The description of sound may include any character-
istic of such sound, including duration, intensity and frequency.
3.2.17 "SOUND LEVEL" MEANS
The weighted sound pressure level obtained by the use of a
metering characteristic and weighting A, S, or C as specified in
American National Standards Institute specifications for sound level
meters, ANSI S1.4-1971, or in successor publications. if the
weighting employed is not indicated, the A-weighting shall apply.
3.2.18 "SOUND LEVEL METER" MEANS
An instrument which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure sound pressure levels. The output meter
reads sound pressure level when properly calibrated, and the
instrument is of Type 2 or better, as specified in the American
National Standards Institute Publication S1.4-1977, or its successor
publications.
3.2.19 "PLACE OF PUBLIC ENTERTAINMENT" MEANS
Any establishment in Monroe County requiring a business and/or
occupational license and which provides music, dancing and/or any
other form of entertainment. 3.2.20 "WEEKDAY"MEANS Any day Monday
through Friday which is not a legal holiday.
ARTICLE IV. POWERS AND DUTIES OF THE (ENVIRONMENTAL
-NOISE CONTROL) OFFICE
4.1 LEAD (AGENCY OFFICIALI
The noise control program established by this ordinance shall
be administered by the Monroe County Planning and Zoning Department.
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4.2 POWERS OF THE (ENVIRONMENTAL PROTECTION)/(NOISE CONTROL
OFFICE.
In order to implement and enforce this Ordinance and for the
general purpose of noise abatement and contro, the EPO/NCO shall have,
in addition to any other authority vested in it, the power to:
4.2.1 STUDIES
Conduct, or cause to be conducted, studies, research, and
monitoring related to noise and make appropriate recommendations on
results of said studies.
4.2.2 EDUCATION
(a) Conduct programs of public education regarding:
(i) the cause, effects of noise and general methods
of abatement and control of noise, and
(ii) the actions prohibited by this ordinance and the
procedures for reporting violations; and
(b) Encourage the participation of public interest groups
in related public information efforts.
4.2.3 COORDINATION AND COOPERATION
(a) Coordinate the noise control activities of all municipal
departments;
(b) Cooperate where practicable with all appropriate and
Federal agencies;
(c) Cooperate or combine where practicable with appropriate
County and Municipal agencies, and;
(d) Enter into contracts with the approval of the County
Commission for the provisions of technical and enforcement services.
4.3 DUTIES OF ENVIRONMENTAL PROTECTION NOISE CONTROL OFFICE
In order to effectively implement and enforce this ordinance,
the EPO/NCO shall within a reasonable time after the effective date
of the ordinance:
4.3.1 MEASUREMENT STANDARDS AND ENFORCEMENT PROCEDURES
(a) Develop measurement standards and procedures which will
further the purposes of this ordinance.
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(b) Develop administrative procedures which will provide
for effective enforcement of this ordinance.
4.3.2 Reserved
4.3.3 DELEGATION OF AUTHORITY
Delegate functions, where appropriate under this ordinance,
to personnel within the EPO/NCO and to other departments,including
the Monroe County Sheriff's Department, subject to the approval of
Board of County Commissioners of Monroe County, Florida.
4.3.4 STATE AND FEDERAL LAWS AND REGULATIONS
Make recommendations for modifications or amendments to this
ordinance to ensure consistency with all State and Federal laws and
regulations.
4.3.5 PLANNING TO ACHIEVE LONG TERM NOISE GOALS
Develop a long term plan for achieving quiet in Monroe County,
and, with the approval of the County Commission, integrate this plan
into the planning process of the County.
4.3.6 ADMINISTER GRANTS, FUNDS AND GIFTS
Administer noise program grants, funds, and gifts from public
and private sources, including the State and Federal governments.
ARTICLE V. DUTIES AND RESPONSIBILITIES OF OTHER DEPARTMENTS
5.1 DEPARTMENT ACTIONS
All departments and agencies shall, to the fullest extent
consistent with other law, carry out their programs in such a manner
as to further the policy of this ordinance.
5.2 DEPARTMENTAL COOPERATION
All departments and agencies shall cooperate with the EPO/
NCO to the fullest extent in enforcing this ordinance.
5.3 DEPARTMENTAL COMPLIANCE WITH OTHER LAWS
All departments and agencies shall comply with Federal and
state laws and regulations and the provisions and intent of this
ordinance respecting the control and abatement of noise to the same
extent that any person is subject to such laws and regulations.
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5.4 PROJECT APPROVAL
All departments whose duty it is to review and approve new
projects or changes to existing projects, that result, or may
result, in the production of sound levels which would be in
violation of this ordinance shall consult with the EPO/NCO prior
to any such approval.
ARTICLE VI.
6.1 NOISE DISTURBANCES PROHIBITED
No person shall unnecessarily make, continue, or cause to be
made or continued, any noise disturbance.
6.2 SPECIFIC PROHIBITIONS
The following acts, and the causing or permitting thereof,
are declared to be in violation of this ordinance.
6.2.1_ RADIOS, TELEVISION SETS, MUSICAL INSTRUMENTS AND
SIMILAR DEVICES
Operating, playing or permitting the operation or playing
of any radio, television, ,phonograph, drum, musical instrument,
or similar device which produces or reproduces sound:
(a) Between the hours of 10 p.m. and 7 a.m. the following
day in such a manner as to create a noise disturbance across a
residential or commercial real property line or at any time to violate
the provisions of ARTICLE VII except for activities for which a variance
has been issued by the Director of Planning and Zoning.
(b) In such a manner as to exceed the levels set forth for
public space in ARTICLE VII, measured at a distance of at least
50 feet (15 meters) from such device operating on a public right-of-
way or public space.
6.2.2 LOUDSPEAKERS
Using or operating for any purpose any loudspeaker, loud-
speaker system, or similar device between the hours of 10 p.m. and
7 a.m. the following day, such that the sound therefrom creates a
noise disturbance across a residential real property line, or at
anytime violates the provisions of ARTICLE VII.
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6.2.3 ANIMALS
Owning, possessing or harboring any animal or bird which
frequently or for continued duration, howls, barks, meows, squawks,
or makes other sounds which create a noise disturbance across a
residential or commercial real property line or within a noise
sensitive zone. This provision shall not apply to public zoos.
6.2.4 EXPLOSIVES FIREARMS AND SIMILAR DEVICES
Using or firing explosives, firearms, or similar devices
such that the sound therefrom creates a noise disturbance across
a real property line, or within a noise sensitive zone, public space
or public right-of-way, without first obtaining a variance issued
by the Director of Planning & Zoning. Such a variance need not be
obtained for licensed game-hunting activities on property where such
activities are authorized.
6.2.5 STATIONARY NON-EMERGENCY SIGNALING DEVICES
(a) Sounding or permitting the sounding of any
electronically amplified signal from any stationary bell, chime,
siren, whistle, or similar device, intended primarily for non-emer-
gency purposes, from any place, for more than 10 seconds in any
hourly period.
(b) Houses of religious worship shall be exempt from the
operation of this provision.
(c) Sound sources covered by this provision and not
exempted under subsection (b) may be exempted by a variance issued
by the Director of Planning & Zoning.
6.2.6 MULTI-FAMILY DWELLINGS
(a) Operating or permitting the operation within a
multifamily dwelling any source of sound, in such a manner as to
exceed 55dBA from 7 a.m. to 10 p.m. or 45 dBA from 10 p.m. to 7 a.m.
when measured within an adjacent intra-building dwelling. These
noise limits shall not be exceeded more than ten percent of any
measurement period, which shall not be less than 10 minutes.
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(b) The maximum permissible sound level, when measured
in an adjacent intra-building dwelling between 10 p.m. and 7 a.m.
the following day, shall be 50 dBA.
6.2.7 AIR-CONDITIONING OR AIR-HANDLING EQUIPMENT
Operating or permitting the operation of any air-conditioning
or air-handling equipment in such a manner as to exceed any of the
following sound levels when measured as specified in the Code of
Recommended Practices:
Measurement Location dB(A)
Any point on neighboring property line 60
Center of neighboring patio 55
Outside the neighboring living area
window nearest the equipment location 55
6.2.6 PLACES OF PUBLIC ENTERTAINMENT
Operating or permitting to be operated, any loudspeaker or
other source of sound in any place of public entertainment that
exceeds the levels shown in Table I at any point normally occupied
by a customer, without a conspicuous and legible sign stating
"WARNING! SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT".
TABLE I
Duration per day, Noise level dBA
continuous hours
8 90
6 92
4 95
3 97
2 100
1h 102
1 105
110
or less 115
ARTICLE VII
7.1 MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING LAND USE
(a) No person shall operate or cause to be operated any
source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the receiving land use category
in Table 2, more than ten percent of any measurement period, and
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said measurement period shall not be less than ten minutes when
measured at or beyond the property boundary of the receiving land use.
TABLE II
SOUND LEVELS BY RECEIVING LAND USE
L10 Lmax
ReceivinS SOUND LEVEL LIMIT
Land Use Category_. Time dBA
Residential, Public 7 a.m. - 10 p.m. 60 70
Space, or 10 p.m. - 7 a.m. 55 60
Institutional
Commercial or 7 a.m. - 10 p.m. 65 75
Business 10 p.m. - 7 a.m. 60 65
Manufacturing, At all Times 75 85
Industrial or
Agricultural
Lmax - maximum sound level recorded during any
measurement period.
LLO - Def. Level, loth Percentile - The A weighted sound
pressure level that is exceeded ten percent (10%)
of the time in any measurement period as Six (6)
minutes in one hour, and is denoted L10.
ARTICLE VIII. MOTOR VEHICLE MAXIMUM SOUND LEVELS
8.1 MOTOR VEHICLES OPERATING ON PUBLIC RIGHT-OF-WAY
Motor vehicles on a public right-of-way are regulated as set
forth in the Florida Motor Vehicle Noise Prevention and Control Act
of 1974, Chapter 74-110, Laws of Florida. Use F.S.
8.2 RECREATIONAL MOTORIZED VEHICLES OPERATING OFF PUBLIC
RIGHT-OF-WAY
No person shall operate or cause to be operated any
motorized vehicle off a public right-of-way in such a manner that
the sound levels emitted therefrom violate the provisions of ARTICLE
VII. This Section shall apply to all motorized vehicles, whether or
not duly Licensed and registered, including, but not limited to,
commercial or non-commercial racing vehicles, motorcycles, go-carts,
amphibious craft, campers and dune buggies, but not including motor-
boats.
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ARTICLE IX. EXCEPTIONS AND VARIANCES
9.1 EMERGENCY EXCEPTION
The provisions of this ordinance shall not apply to (a) the
emission of sound for the purpose of alerting persons to the
existence of an emergency, or (b) the emission of sound in the per-
formance of emergency work.
9.2 SPECIAL VARIANCE
(a) The (EPO/NCO) is authorized to grant variances for
exception from any provision of this ordinance, subject to limitations
as to area, noise levels, time limits, and other terms and conditions
as the (EPO/NCO) determines are appropriate to protect public health,
safety, and welfare from the noise emanating therefrom. This Section
shall in no way affect the duty to obtain any permit or license
required by law for such activities.
(b) Any person seeking a variance pursuant to this section
shall file an application with the (EPO/NCO) . The application shall
contain information which demonstrates that bringing the source of
sound or activity for which the variance is sought into compliance
with this ordinance would constitute an unreasonable hardship on the
applicant, on the community, or on other persons. Notice of an
application for a variance shall be mailed to adjacent property owners,
if the noise production element is to be stationary. Any individual
who claims to be adversely affected by allowance of the variance may file
a statement with the (EPO/NCO) containing any information to support
his claim. If at any time the (EPO/NCO) finds that a sufficient
controversy exists regarding an application, a public hearing will be
held.
(c) In determining whether to grant or deny the application,
the (EPO/NCO) shall balance the hardship on the applicant, the
community, and other persons of not granting the variance against
the adverse impact on the health, safety, and welfare of persons
affected, the adverse impact on property affected, and any other adverse
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impacts of granting the variance. Applicants for variances and
persons contesting variances may be required to submit any information
the (EPO/NCO) may reasonably require. in granting or denying an
application, the (EPO/NCO) shall keep on public file a copy of the
decision and the reasons for denying or granting the ordinance.
(d) variances shall be granted by notice to the applicant
containing all necessary conditions, including a time limit on the
permitted activity. The variance shall not become effective until
all conditions are agreed to by the applicant. Noncompliance with
any condition of the variance shall terminate the variance and
subject the person holding it to those provisions of this ordinance
for which the variance was granted.
(e) A variance will not exceed (365) days from the date
on which it was granted. Application for extension of time limits
specified in variances or for modification of other substantial
conditions shall be treated like applications for initial variances
under subsection (b) .
(f) The (EPO/NCO) will issue guidelines pursuant to Section
4.3.1 approved by the County Commission defining the procedures to be
Followed in applying for a variance and the criteria to be considered
in deciding whether to grant a variance.
9.4 APPEALS
Appeals of an adverse decision of the (EPO/NCO) shall be made
to the Board of County Commissioners of Monroe County, Florida. Review
by the County Commissioners of Monroe County, Florida. Review by
the County Commission shall be de novo.
ARTICLE X. ENFORCEMENT
10.1 PENALTIES
It shall be unlawful for any person to violate the provisions
of this ordinance and all violations of this Ordinance shall be and
constitute second degree misdemeanors under the provisions of Florida
Statute Chapter 125. Each day of violation shall consitute a separate
and distinct offense subject to the penalty provided herein.
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Violators of this Ordinance shall be prosecuted in the
County Court in the name of the State of Florida by the prosecutorial
officer thereof and upon conviction shall be punished by a fine of not
less than $50. or not more than $500. or by imprisonment in the County
Jail for not more than 60 days, or by both such fine and imprisonment.
Said prosecution may be instituted by way of citation or by
way of information.
10.2 OTHER REMEDIES
No provision of this ordinance shall be construed to impair
any common law or statutory cause of action, or legal remedy therefrom,
of any person for injury or damage arising from any violation of this
Ordinance or from other law.
10.3 CITIZEN SUITS
(a) After 30 days formal notice of complaint to the
enforcing agency, any citizen of Monroe County may bring and maintain
an action for injunctive relief to compel enforcement of this
ordinance.
(b) Provision (a) does not prevent any person from commencing
a civil action on his own behalf against any person who is alleged to
be in violation of any provision of this Ordinance.
10.4 SEVERABILITY
If any provision of this Ordinance is held to be unconstitu-
tional or otherwise invalid by any court of competent jurisdiction,
the remaining provisions of the ordinance shall not be invalidated.
10.5 REPEAL OF PRIOR NOISE ORDINANCE
Section 29 of Article VII of Monroe County Ordinance No. I -
1973 as amended by Ordinance No. 6 - 1973, Ordinance No. 5 - 1974,
Ordinance No. 20 - 1975 and Ordinance No. 2 - 1978 be and the same
is hereby repealed.
10.6 EFFECTIVE DATE
This Ordinance shall take effect upon receipt of the official
acknowledgment from the Department of State acknowledging receipt of
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certified copy of said Ordinance and that said Ordinance has been
filed in said office.
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that an
Tuesday, July 11, 1976, at 1:00 P.M. at the Monroe County Courthouse
Annex, Key West, Florida; at second hearing on Tuesday, July 18, 1978
at 1:00 P.M. at the Marathon Sub-Courthouse, Marathon, Florida; and at
Last hearing held Tuesday, July 25, 1978 at 1:00 P.M. at the Plantation
Key Sheriff's Sub-Station, Plantation Key, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
ORDINANCE NO. - 1978
AN ORDINANCE PERTAINING TO MONROE COUNTY,
FLORIDA; ENTITLED "NOISE CONTROL ORDINANCE
OF THE COUNTY OF MONROE"; ADOPTING CONTROLS
ON THE EMISSION OF NOISE; ADOPTING STANDARDS
AND ACCEPTABLE NOISE LEVELS; PROVIDING DEFI-
NITIONS; MAKING IT UNLAWFUL TO EXCEED SAID
STANDARDS; PROVIDING PROCEDURES FOR MEASURING
SOUND LEVELS; ESTABLISHING AN ENFORCEMENT
PROGRAM; PROVIDING FOR A PENALTY; REPEALING
PRIOR NOISE ORDINANCE; PROVIDING AN EFFECTIVE
DATE.
DATED at Key West, Florida, this 7th day of June, A.D. 1978.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex of£icio Clerk of the Board
of County Commissioners of
Monroe County, Florida.
(SEAL)
Publish: June 21, 1978
July 10, 1978
July 17, 1978
kneel! Of t P
�e / �^ STATE Or FLORIDA
4 y T14E CAPITOL
TALLA14ASSEE 32304
O
Jesse �j. McCrary, Jr.
SEGR TAIa,r Or STATE
August 15, 1978
Honorable Ralph W. White
Clerk of Circuit court
Monroe County Courthouse
Key West , FL 33040
Attention: Virginia Pinder , Deputy Clerk
Dear Hr. White:
sions of Section 125.bG Florida Statutes*
Pursuant to the provi
this will acknowledge:
August 9, 1978
VAI, Receipt of your letter/s of
and certified copy/ies of Monroe
County Ordinance/s No. /s 78-8 and 78-11
2. Receipt of an original/ls and certified copy/ies of
County Ordinance/s No. /s.
County Ordinance/s
3, Receipt of
relative to,
We have filed this/these Ord icance/s in this office
August 15
S, 78.
We have numberedinance Is
and'was/we Or filed in this office
1978.
6. The original/duplicate copy/ies showing filing date is/are
being returned for your records.
Cordially,
(Mrs. ) Na y Kavanaugh
.Chief, Bu eau of Laws
p.S. 78-8 has been refiled and replaces 78-8 filed 7/31/78
NK/ mb gV a