Item Q1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January 17,
2001 at 3:00 PM at the Harvey Government Center - Truman School, 1200 Truman
Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AMENDING SEC. 13-53, MONROE COUNTY CODE, IN ORDER TO REVISE THE
SUBSECTION OF THE NOISE CONTROL ORDINANCE THAT REQUIRES LIVE
ENTERTAINMENT 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
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to
appeal any decision made by the Board with respect to any matter considered at the
hearing, he will need a record of the proceedings, and that, for such purpose, he may
need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at the various publiC
libraries in Monroe County, Florida.
Dated at Key West, Florida, this 18th day of December, 2000.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates
Reporter
KW Citizen
Keynoter
12/21 - 28
12/22 - 29
12/23 - 30
1.0\
County Attorney
ORDINANCE NO
- 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SEC. 13-53, MONROE
COUNTY CODE, IN ORDER TO REVISE 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.
requirement.
Prohibition against unreasonable noise; sound-proofing
(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 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 durino customarv sleeoino hours.
No oerson shall, durino customarv sleeoino hours, make, continue or cause to be
made anv live entertainment or amplified sound in or on such commercial
structure or orooertv exceot within a fullv enclosed and sound oroofed 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 Howcvcr, such escape noise m~y constitutc is
unreasonable noise. it shall constitute a violation of undcr subsection (a).
Section 2. Sec. 13-52, Monroe County Code, entitled Definitions, is hereby
amended to add the following:
Customary sleeoina hours shall mean the oeriod of time commencino at
10:00 P.M. and endino at 8:00 A.M. the followino mornino, exceot that on Friday
and Saturdav niohts, the oeriod shall commence at 11:00 P.M. rather than 10:00
P.M. On the New Year's Eve holiday, the Deriod 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
2001.
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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