Item Q6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
November 21, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending sec. 13-53, Monroe County Code, in order
to repeal the subsection of the noise control ordinance that requires live entertainment in
commercial establishments be in fully enclosed structures.
ITEM BACKGROUND:
Amendment requested by the Sheriff's Office. The concern with the existing ordinance is
that a not unreasonable (Le., reasonable noise from live or recorded entertainment
emitted from a structure not fully enclosed should not be criminalized because it places
an unconstitutional burden on the 1st Amendment rights of the patrons to enjoy the
music and the owner and performer to provide the music.
PREVIOUS RELEVANT BOCC ACTION:
Adopted Ordinance No. 032-2000 on May 17, 2000.
STAFF RECOMMENDATION:
Approval to advertise for public hearing for 3 PM on December 13, 2000 in
Marathon.
TOTAL COST: Unknown.
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney X
OM B/Purchasing
Risk Management
DOCUMENTATION:
~
DIVISION DIRECTO~
Included -2L To Follow Not required
AGENDA ITEM #
1.GII
County Attorney
ORDINANCE NO
- 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SEC. 13-53, MONROE
COUNTY CODE, IN ORDER TO REPEAL THE SUBSECTION OF THE
NOISE CONTROL ORDINANCE THAT REQUIRES LIVE
ENTERTAINMENT OR AMPLIFIED SOUND IN COMMERCIAL
ESTABLISHMENTS BE IN FULLY ENCLOSED STRUCTURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES: AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 13-53, Monroe County Code, is hereby amended to read:
Sec. 13-53. Prohibition against unreasonable noise... ;sound proofing
requirement.
(a) No person shall make, continue, or cause to be made any
unreasonable noise.
(b) If a complaint arises from a multi-story 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 th;Jt prOVides live entcrt;Jinment or
amplified sound, including ;Jny port;Jble structure or vehicle of ;Jny type, sh;J1I be
fully enclosed ;Jnd soundproofcd whenevcr such Ih.'e entert;Jinment or ;Jmplified
sound is provided. The occ;Jsion;J1 esc;Jpe of noise resulting from the opening of
;Jccess doors is expected ;Jnd the brief period of noise therefrom sh;J1I not
constitute a per se viol;Jtion of this subsection. HO'Ne'v'er, such esc;Jpe noise m;JY
constitute unre;Json;Jble noise undcr subscction (;J).
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
day of
2000.
Commissioner
Commissioner
Commissioner
Commissioner George Neugent
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
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