by Kathy Foster ….
Meeting in regular session earlier this week, the Chipley City Council approved the following agenda items:
- Ordinance No. 957 (First Reading) – Amendment to Chapter 11 – Private Property Standards and Abatement of Nuisances (Noise control on private property.)
- Resolution No. 19-20 – Water Utilities Water Department Vehicle Loan (Purchase of a F150 truck for the department.)
- Resolution No. 19-21– FY 18/19 Budget Amendment
- Resolution No. 19-22 – Support of House Bill 0191
- Resolution No. 19-23 – FDOT Municipal SCOP Application Submission –3rd Street/Church Avenue
- Resolution No. 19-24 – FDOT Municipal SCOP Application Submission – 7th Street
- Bid No. 19-02 Chipley Water Line Repair – Prime Utilities, Inc.
- Disposal of Surplus Property – Police Department (2010 Crown Vic)
- Disposal of Surplus Property – Police Department (2008 Crown Vic)
- FDEO CDBG Grant Engineering Services Contract – AldayHowell Engineering, Inc.
Shown below is Ordinance No. 957
ORDINANCE NO. 957 AN ORDINANCE OF THE CITY OF CHIPLEY, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR AN ADDITION TO AND AMENDMENT TO CHAPTER 11 OF THE CITY CODE, ENTITLED “PRIVATE PROPERTY STANDARDS AND ABATEMENT OF NUISANCES”; RELATING TO PRIVATE PROPERTY STANDARDS AND NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Chipley, Florida has determined that it is in the best interest of all of the citizens and residents of the City that the provisions of Chapter 11 of the Code of the City of Chipley be amended, relating to code enforcement, in accordance with this ordinance, to be applied to noise abatement within the City, by the addition of the following language; NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CHIPLEY, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 166.041, Florida Statutes and Section 2-2 of the City Code. SECTION 2. Chapter 11, entitled “Private Property Standards and Abatement of Nuisances”, of the Code of the City of Chipley is hereby amended by the addition of a separate Code Section 11- 5A, related to noise control, as follows: Section 11-5A. – Noise Control (a) Noises prohibited—Noise standard. In addition to any other provisions of the Code, it shall be unlawful for a person within the city to make, continue, or cause to be made or continued, any loud, or unusual noise which unreasonably either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others, and the following acts, among others, are hereby declared to be loud and disturbing noises in violation of this section, but this enumeration shall not be deemed to be exclusive: (1) Radios, musical instruments, televisions, etc. The playing, using or operating of, or permitting to be played, operated or used, any radio receiving set, musical instrument, television set, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of persons within the area of audibility; (2) Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the crea Codes: Words stricken are deletions; words underlined are additions. use of any horn, whistle or other device, operated by engine exhaust; the use of any such signaling device when traffic is for any reason held up. (3) Commercial advertising. The playing, using or operating of, or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound, which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; (4) Yelling, shouting, etc. Yelling, shouting, whistling or singing on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of reasonable persons in any office or store, hotel or other type of residence or of any persons in the vicinity. (5) Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. (6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (7) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded, or in such manner as to create loud and disturbing grating, grinding, rattling or other noise. (8) Construction or repairing of buildings. The erection, including excavating, demolition, alteration or repair of any building between the hours of sunset to sunrise, except in case of urgent necessity in the interest of public health and safety and then only with a permit, as provided herein, from the city’s planning department. Such permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the planning department should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of sunset to sunrise, and if he shall further determine that loss or inconvenience will result to any party in interest, he may grant permission for such work to be done within the hours of sunset to sunrise upon application being made at the time the permit for work is awarded or during the progress of the work. (9) Schools or churches. The creation of any excessive noise on any street adjacent to any school or church while the same are in use, or adjacent to any school or church which unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys persons within those institutions, provided conspicuous signs are displayed in such streets Codes: Words stricken are deletions; words underlined are additions. indicating that the same is a school or church street. (10) Pile drivers, hammers, etc. The operation between the hours of 7:00 p.m. and 7:00 a.m. of any pile drivers, steamshovel, pneumatic hammer, derrick, steam or electric hoist or other appliance the use of which is attended by loud or unusual noise. (b) Exemptions. The following uses and activities shall be exempt from noise standards: (1) Noises of safety signals, warning devices, emergency pressure relief valves. (2) Noises resulting from any authorized emergency vehicle responding to an emergency call or acting in time of emergency. (3) Noises resulting from emergency work as defined above. (4) Any other noise resulting from activities of a temporary duration permitted by law, and for which a license or permit therefore has been granted by the city as provided herein. (c) Application for special permit. Applications for a permit for relief from the noise level designated in this section on the basis of undue hardship may be made to the city planning department. Any permit granted by the city planning department hereunder shall contain all conditions upon which said permit has been granted and shall specify a reasonable time that the permit shall be effective. The city planning department may grant the relief as applied for if it finds: (1) That additional time is necessary for the applicant to alter or modify his activity or operation to comply with this section; or, (2) The activity, operation or noise source will be of temporary duration and cannot be done in a manner that will comply with other subsections of this section; and, (3) That no other reasonable alternative is available to the applicant; and, (4) The city planning department may prescribe any conditions or requirements it deems necessary to minimize adverse affects upon the community or the surrounding neighborhood. (d) Violation a misdemeanor. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned for a term not exceeding 60 days or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such as provided herein. In addition, but without limiting the foregoing, violations of this section may be enforced and remedied in accordance with any provision of the Code of the City of Chipley with respect to the abatement of nuisances. SECTION 3. SEVERABILITY. If any section or portion of a section of this ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to impair the validity, force, or effect of any other section or part of this ordinance. Codes: Words stricken are deletions; words underlined are additions. SECTION 4. CONFLICTS. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed and revoked. The provisions of the Code of Ordinances of the City of Chipley shall be amended to include the foregoing, with the Chapter and Section numbers as indicated above. SECTION 5. EFFECTIVE DATE. This ordinance shall be effective immediately upon its passage and adoption as provided by law. INTRODUCED at a Regular meeting of the City Council of the City of Chipley, Florida, held at City Hall on the 12 th day of March, 2019, and PASSED at a Regular meeting of the City Council of the City of Chipley, Florida, held on the 9th day of April, 2019.