Ordinance 015-1976
ORDINANCE NO. 15 - 1976
AN ORDINANCE AMENDING ORDINANCE NO. 1 -1973 ENTITLED
"AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA;
ADOPTING COMPREHENSIVE ZONING RULES AND REGULATIONS;
SETTING FORTH THE AUTHORITY, INTENT, PURPOSE, METHODS,
SHORT TITLE, DEFINITIONS, APPLICATION PROCEDURES, AND
SPECIAL EXCEPTIONS; PROVIDING FOR AMENDMENTS AND APPEALS,
ADMINISTRATION AND ENFORCEMENT, GENERAL PROVISIONS,
ZONING, GENERAL USE, RESIDENTIAL, BUSINESS DISTRICTS,
AND PLANNED UNIT DEVELOPMENTS; REGULATING SIGNS~ PRO-
VIDING FOR LEGAL STATUS OF SAID RULES AND REGULATIONS;
PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF
SAID ORDINANCE AND PROVIDING AN EFFECTIVE DATE." AS
AMENDED BY ORDINANCE NO. 6 -1973, ORDINANCE NO. 5 -1974,
AND ORDINANCE NO. 20 -1975; BY AMENDING THE PROVISIONS
OF SECTION 54 OF ARTICLE VII RELATING TO NUISANCES TO
PROHIBIT LOUD AND DISTURBING NOISES, TO ENUMERATE THE
VARIOUS NOISE PROHIBITIONS; TO PROVIDE FOR DEFINITION
OF SOUND TRUCKS, AND SOUND AMPLIFYING EQUIPMENT; AND
PRESCRIBE THE USE THEREOF; PROVIDING PENALTY FOR VIO-
LATION AND PROVIDING AN EFFECTIVE DATE."
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That Section 54 of Article VII of Monroe County
Ordinance No. 1 -1973, as amended by Ordinance no.6 -1973, Ordinance
No. 5 -1974 and Ordinance No. 20 - 1975 be and the same is hereby
amended to read as follows:
"Section 54. Loud, disturbing noises.
No person shall create any unreasonably loud, disturbing
and unnecessary noise in the unincorporated areas of Monroe County,
Florida or noise of such character, intensity and duration as to be
detrimental to the life or health of any person or to unreasonably
disturb or annoy the quiet, comfort or repose of any person.
Section 54. 1. Enumeration of prohibitions.
The enumeration hereinafter of certain specific offenses
shall not be construed as a limitation of the scope of this chapter.
(a) Blowing Horns. No person shall sound the horn or
other warning device of any motor vehicle except
as a danger signal or in compliance with the
requirements of a state law.
provided, that this paragraph shall not be con-
strued as prohibiting shouting, singing or loud
talking by spectators at and during athletic con-
tests; provided further, that the Board of County
Commissioners of Monroe County, Florida may suspend
the operation of this paragraph at such time, to
such extent and to such places as shall be deter-
mined by the Board.
(g) Hawking, peddling, etc. No person peddling,
hawking or selling produce or goods of any character
shall make or cause to be made a noise which disturbs
the peace and quiet of a neighborhood.
(h) Whistles. No person shall sound or cause to be
sounded a steam whistle or any whistle of similar
character of volume except to give notice of the
time of beginning or stopping work or as a warning
of danger.
(i) Pets. No person shall have or keep any animal or
bird which, by making or causing frequent or long
continued and unreasonable noise shall disturb the
comfort and repose of any person in the vicinity.
54.2 Sound trucks, etc. --- Definitions.
Sound truck. The words "sound truck" shall mean any motor
vehicle having mounted thereon, or attached thereto any sound-ampli-
bying equipment.
Sound-amplifying equipment. The words "sound-amplifying
equipment" shall mean any machine or device for the amplification
of the human voice, music or any other sound. "Sound-amplifying
equipment" shall not be construed as including standard automobile
radios when used and heard only by occupants of the vehicle in which
installed or warning devices on authorized emergency vehicles or
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horns or other warning devices on other vehicles used only for
traffic safety purposes.
54.3 Same --- Commercial advertising prohibited.
No person shall operate or cause to be operated any sound
truck for commercial sound advertising purposes in the unincorporated
areas of Monroe County, Florida with sound-amplifying equipment in
operation.
54.4 Same --- Noncommercial use.
(a) When registration required. Except as hereinafter
provided, no person shall use or cause to be used a sound truck with
its sound-amplifying equipment in operation for noncommercial purposes
within the unincorporated areas of Monroe County before filing a
registration statement with the Monroe County, Florida Building
Officials in writing. This registration statement shall be filed
in duplicate and shall state the following:
(1) Name and address of place of business of
applicant;
(2) Name and address of person who owns or has
direct charge of the sound truck; and
(3) The purpose for which the sound truck will
be used.
(b) When registration is not required. No registra-
tion is required for such noncommercial use of sound trucks as the
united States Navy or the various public utility companies broad-
casting emergency orders or the use of sound trucks during public
parades or shows for public benefit.
(c) Certified copy of registration statement must
be carried. The Building Official shall return to each applicant
one copy of the registration statement duly certified as a correct
copy. The certified copy of the registration statement shall be in
the possession of any person operating the sound truck at all times
while the sound truck's sound-amplifying equipment is in operation.
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(b) Vehicle in disrepair. No person shall operate
a motor vehicle, the brakes or other parts of
which are in such a state of repair or adjust-
ment as to cause excessive and unnecessary
noise.
(c) Use of vehicle. No person shall operate a motor
vehicle which shall be so loaded, or the load on
which shall be so insecurely attached, or not
attached, as to cause excessive and unnecessary
noise.
(d) Radios, phonographs, etc. No person shall operate
a radio or phonograph or play any musical instru-
ment between the hours of 11:00 p.m. and 7:00 a.m.,
in such manner, or with such volume as to annoy or
disturb any person in a dwelling, hotel, apartment,
or other type of residence.
(e) In quiet zones. No person shall make, or cause
to be made, any loud and unnecessary noise in or
near any "quiet zone" as herein defined. A "quiet
zone" shall be any part of the unincorporated
County in the vicinity of a hospital, church (while
services are in progress therein), school (during
school hours), public library or place where a person
shall be extremely ill; provided, that such zone
shall have been marked off and designated by appro-
priate and conspicuous signs placed, or caused to
be placed, by the County of Monroe.
(f) Miscellaneous noises. No person shall make, or
have a part in the making of, loud and unnecessary
noises by means of fireworks, explosives, firearms,
horns, trumpets, drums, bells or whistles, or by
shouting or loud talking or by any other means;
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A copy shall be promptly displayed and shown to any law enforce-
ment officer or County Building or Zoning Official upon request.
(d) Regulations for use. Noncommercial use of sound
trucks within the unincorporated areas of Monroe County, Florida
with sound-amplifying equipment in operation shall be subject to
the follosing regulations:
(1) The only sounds permitted are music or human
speech.
(2) Operations are permitted for nine hours each
day, except on Sundays when no operations shall be authorized. The
permitted nine hours of operation shall be between the hours of
9:00 a.m. and 6:00 p.m.
(3) Sound-amplifying equipment shall not be opera-
ted unless the sound truck upon which such equipment is mounted is
operated at a speed of at least ten miles per hour except when such
truck is stopped or impeded by traffic. When stopped by traffic, the
sound-amplifying equipment shall not be operated for longer than one
minute at each such stop.
(4) Sound shall not be issued within one-hundred'
yards of hospitals, or schools, churches or courthouses while in
session.
(5) The human speech and music amplified shall not
be profane, lewd, indecent or slanderous.
(6) The volume of sound shall be controlled so that
the volume is not unreasonably loud, raucous, jarring, disturbing
or a nuisance to persons within the area of audibility.
54.5 Violations of this Section are to be prosecuted and
subject to penalty as provided in Section 5 of Article III of this
Ordinance."
Section 2. This Ordinance shall take effect upon receipt
of the Official acknowledgment from the Department of State
acknowledging receipt of certified copy of this Ordinance and that
said Ordinance has been filed in said office.
a
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NOTICE OF INTENTION
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, April 20, 1976 at 2:00 P.M. at the Plantation Key Sheriff's
Substation, Monroe County, Florida, THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA intends to consider the adoption of the
following County Ordinance:
ORDINANCE NO.
- 1976
AN ORDINANCE AMENDING ORDINANCE NO. 1 - 1973 ENTITLED
"AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA~
ADOPTING COMPREHENSIVE ZONING RULES AND REGULATIONS~
SETTING FORTH THE AUTHORITY, INTENT, PURPOSE, METHODS,
SHORT TITLE, DEFINITIONS, APPLICATION PROCEDURES, AND
SPECIAL EXCEPTIONS~ PROVIDING FOR AMENDMENTS AND APPEALS,
ADMINISTRATION AND ENFORCEMENT, GENERAL PROVISIONS,
ZONING, GENERAL USE, RESIDENTIAL, BUSINESS DISTRICTS,
AND PLANNED UNIT DEVELOPMENTS~ REGULATING SIGNS~ PRO-
VIDING FOR LEGAL STATUS OF SAID RULES AND REGULATIONS~
PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF
SAID ORDINANCE AND PROVIDING AN EFFECTIVE DATE." AS
AMENDED BY ORDINANCE NO.6 - 1973, ORDINANCE NO.5 - 1974,
AND ORDINANCE NO. 20 - 1975~ BY AMENDING THE PROVISIONS
OF SECTION 54 OF ARTICLE VII RELATING TO NUISANCES TO
PROHIBIT LOUD AND DISTURBING NOISES, TO ENUMERATE THE
VARIOUS NOISE PROHIBITIONS~ TO PROVIDE FOR DEFINITION
OF SOUND TRUCKS, AND SOUND AMPLIFYING EQUIPMENT~ AND
PRESCRIBE THE USE THEREOF~ PROVIDING PENALTY FOR VIO-
LATION AND PROVIDING AN EFFECTIVE DATE."
Dated at Key West, Florida this ctlo-d day of March, A. D.
1976.
RA LPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida and
ex-officio Clerk of the Board
of County Commissioners of
Monroe County, Florida 33040
publish: Monday, March 29, 1976
Send Billing to: Board of County Commissioners, Monroe County
Send Affidavit to: Richard G. Payne, Assistant County Attorney,
P. o. Box 1617, Key West, Florida 33040
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STATE OF' F'LORIOA
THE CAPITOL
TALLAHASSEE 32304
(SQ4II .88-3918
BR UCE A. SMATHERS
DAVID C.MACNAMARA
SECRETARY OF' STATE
Anlstant Secretary of Stat.
May 10, 1976
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County' Courthouse
Key We st, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge your letter of May 6 and
certified copies of Monroe County Ordinances Nos. 76-12, 76-13,
76-14, and 76-15, which were filed in this office on May 10, 1976.
.
Kindest regards.
Cordially,
BRUCE A. SMATHERS
Secretary of State
~'7f~ /MMr-cJ?
By ()
(Mrs.) Nancy Kavanaugh
Chief, Burea u of Laws
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