Ordinance 2019-544 - Laserfiche WebLink

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ORDINANCE NO. 2019 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 193 ENTITLED "NOISE," OF THE CODE OF ORDINANCES OF SUNNY ISLES BEACH TO MODIFY SECTION 193-4 TO REQUIRE THAT LANDSCAPING DEBRIS BE MAINTAINED ON THE PROPERTY FROM WHICH IT ORIGINATED, PROVIDING FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 193-4 of the Code of Ordinances permits the use of landscaping and other lawn maintenance activities during certain hours; and WHEREAS, the City has received many complaints from residents that landscaping debris has been blown on the adjoining street or property; and WHEREAS, the City Commission hereby finds that this Ordinance is necessary to protect the health, safety and welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1, Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Amendment of Section 193-4. Section 193-4 of the Code of Ordinances of the City of Sunny Isles Beach is hereby amended to read as follows: §193-4. —Exemptions. D. Routine landscaping and other yard maintenance activities. However, the operation of landscaping equipment, including but not limited to lawn mowers, lawn edgers, weed trimmers and blowers, is permitted during the following hours: 7:30 a.m. to 8:00 p.m. Monday through Friday and Saturday between the hours of 9:00 a.m. and 8:00 p.m. Any debris from landscaping or lawn maintenance activities must be maintained on the property from which it originated and not blown or otherwise left in the street or any adjoining property. Any violation of this Section will be processed as a public nuisance pursuant to Chapter 194. Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Repeal of Conflicting Provisions. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.