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<br />ORDINANCE NO. 2006-~5 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING <br />ORDINANCE NO. 2006-249 AND REPEALING SECTION 193 <br />OF THE CODE OF THE CITY OF SUNNY ISLES BEACH <br />RELATING TO CONSTRUCTION NOISE;PROVIDING FOR <br />PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; <br />PROVIDING FOR LIMITATIONS ON CONSTRUCTION <br />ACTIVITIES; PROVIDING FOR WAIVERS; PROVIDING <br />FOR PENAL TIES AND ENFORCEMENT; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR REPEALER; <br />PROVIDING FOR INCLUSION IN THE CODE; PROVIDING <br />FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, the City has experienced a development boom since its incorporation in 1997; <br /> <br />and <br /> <br />WHEREAS, the on-going development projects have generated numerous construction related <br />activities which affect the daily lives of residents of the City; and <br /> <br />WHEREAS, excessive construction noise is a serious hazard to the public health and welfare <br />and the quality of life of the residents in the City; and <br /> <br />WHEREAS, a substantial body of science and technology exists by which excessive noise can <br />be substantially abated without serious inconvenience to the public; and <br /> <br />WHEREAS, each resident of the City has the right to an environment which is free from noise <br />which jeopardize the health, welfare, or which unduly interferes with a property owner's right of the <br />use or enjoyment of their property; and <br /> <br />WHEREAS, the City Commission finds that the offenders of the construction noise ordinance <br />are frequently developers who consider it as a cost of doing business to pay the fine rather than <br />interfere with their business operation; and <br /> <br />WHEREAS, the City Commission finds there is an urgent need to ll1crease the range of <br />monetary penalties to deter violations of the construction noise ordinance; and <br /> <br />WHEREAS, the City Commission has determined that it is in the best interest of the residents <br />of the City to promote an environment free from excessive noise, otherwise properly called "noise <br />pollution" which unnecessarily jeopardizes the health and welfare and degrades the quality of the lives <br />of the residents of the City. <br /> <br />NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY <br />OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Repeal. Ordinance No. 2006-249 and Chapter 193 of the City Code are hereby repealed <br />in its entirety. <br /> <br />02006-Construction Noise Pollution Revised.Doc <br /> <br />Page I ofS <br />