Item Q2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
TIME CERTAIN REQUESTED
Meeting Date:
December 13, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending sec. 13-53, Monroe County Code, in order
to revise the subsection of the noise control ordinance that requires live or amplified
entertainment in commercial establishments be in fully enclosed structures.
ITEM BACKGROUND:
Amendmeflt initially requested by the Sheriff's Office, based on concerns of selective
enforcement. The currently proposed revision refines the sound proofing requirement,
so as to allow outdoor music and amplified sound (provided that it is not at unreasonable
volume) until customary sleeping hours, when all amplified sound must be kept within
the establishment.
PREVIOUS RELEVANT BOCC ACTION:
Adopted Ordinance No. 032-2000 on May 17, 2000.
STAFF RECOMMENDATION:
Approval to advertise for public hearing.
TOTAL COST: Unknown.
BUDGETED: Yes
No
Cost to Cou nty:
APPROVED BY:
County Attorney X
OM B/Purchasing
Risk Management
DIVISION DIRECTOR
Not required
DOCUMENTATION:
Included -2L
AGENDA ITEM #
/- 01
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 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 durina customary sleeoina hours. 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.
However, such escape noise may shall not constitute unreasonable noise under
subsection (a).
Section 2. Sec. 13-52, Monroe County Code, entitled Definitions, is hereby
amended to add the following: ^^ .
. fl~1'
Customary sleeping "'hours shall mean the period of time commencing at
10:00 P.M. and ending at 700 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.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 5. 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 6. 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.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles McCoy
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
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