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Ordinance 26-2021 Environment ORDINANCE NO. 26-2021 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,PALM BEACH COUNTY, FLORIDA,AMENDING CHAPTER 42 OF THE TOWN CODE OF ORDINANCES AT ARTICLE V. NOISE, SECTION 42-199, HOURS FOR CONSTRUCTION WORK AT SUBSECTION(b)LIMITED,TO PROVIDE ADDITIONAL LIMITATIONS ON DATES AND HOURS OF CONSTRUCTION; PROVIDING FOR QUIET WORK AND LIMITATIONS TO INDOOR ACTIVITY; AND AT SUBSECTION (c) EXCEPTIONS TO MODIFY SUBSECTION (4); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH AS FOLLOWS: Section 1. Chapter 42 of the Town Code of Ordinances is hereby amended at Article V, Section 42-199 to read as follows: Sec. 42-199. Hours for construction work. (a) Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Construction work means work of a physical nature requiring a permit in accordance with the provisions of this Code and/or violates the conditions of section 42-198 and/or violates the conditions of this section, and/or causes excessive noise as defined by section 42-228. (b) Limited. Beginning on the Monday preceding Thanksgiving, and during the months of December, January, February, March and April of each year, construction work not otherwise prohibited by section 42-198 or other work resulting in noise tending to disturb the people in the vicinity thereof shall not begin until the hour of 8:00 a.m.,and shall cease at the hour of 5:00 p.m., except Saturday, Sunday and legal holidays,when all construction work is prohibited. In no event shall heavy equipment or other outdoor construction-related and lawn maintenance noise be permitted before 9:00 a.m. Beginning on May 1 until the Monday preceding 'thanksgiving, ' work may commence at 8:00 a.m. and cease at the hour of 6:00 p.m., except Saturdays, Sundays and legal holidays, including the Friday immediately after Ord.No. 26-2021 Page 1 of 4 Thanksgiving, when all construction work is restricted or prohibited. In no event shall heavy equipment or other outdoor construction-related and lawn maintenance noise be permitted before 9:00 a.m.Construction work is permissible on Saturdays from May 1 through the Monday preceding Thanksgiving, but subject to the following restrictions: work shall not begin until the hour of 9:00 a.m. and shall cease at the hour of 5:00 p.m.; all work must be quiet in nature during and limited to indoor activity, with the exception of quiet lawn maintenance work and tree trimming);material deliveries are prohibited in all cases unless the Building Official waives such restriction due to compelling circumstances; concrete pours and concrete sawing is prohibited unless the Building Official waives such restrictions due to compelling circumstances; and the razing of buildings is prohibited, with the exception of non-mechanized debris clean-up. The permitted hours for construction work in the C-WA zoning district shall be from 8:00 a.m. until 8:00 p.m. during the months commencing May 1 and ending October 31, except Sundays and legal holidays,when all construction work is prohibited. Workers are prohibited from arriving at construction and lawn maintenance sites prior to 7:30 a.m. and are restricted from conducting any kind of site activity prior to 8:00 a.m. during the weekdays. Workers are prohibited from arriving at construction and lawn maintenance sites prior to 8:30 a.m. and are restricted from conducting any kind of site activity prior to 9:00 a.m. on Saturdays, when limited work is permitted from May 1 through the Monday preceding Thanksgiving. (c) Exceptions. (1) It shall be within the discretion of the town council when in its opinion the operation of any of the prohibited machinery or appliances mentioned in subsection 42-198(a) shall not be overly offensive to the residents or inhabitants of the town in the vicinity of the equipment's operation to grant an exception to this section. (2) The operation of equipment relating to essential services of the town and equipment operating during emergency conditions shall be exempted from subsection (a). (3) At the discretion of the director of planning,zoning and building,or his representative, emergency work for non-town related essential services may be authorized at any time during the year. (4) Interior work not resulting in noise tending to disturb people in the vicinity thereof, shall be allowed during the hours of 9:00 a.m. and 5:00 p.m. on Saturdays during the period commencing on the Monday preceding Thanksgiving and ending on April 30, for multi-family properties, south of Sloan's Curve which are not located on Ibis Isle, that have an association board that approves of Saturday work hours, and a Ord. No. 26-2021 Page 2 of 4 copy of a letter indicating the Saturday work hours have been approved by the association board is on record with the Town. (5) The town council, in its discretion, for the benefit of the health, safety and welfare of the residents of the town may, by resolution, temporarily amend the hours for construction work referenced herein. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict All other ordinances of the Town of Palm Beach,Florida,or parts thereof,which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification This Ordinance shall be codified and made part of the official Code of Ordinances of the Town of Palm Beach. Section 5. Effective Date This Ordinance shall take effect on January 31, 2022, after its passage and approval, as provided by law. Ord.No.26-2021 Page 3 of 4 PASSED AND ADPOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 9m day of November, 2021, second reading and final adoption on this 14th day of December, 2021. 2.40llitthL g. Om__ CR"'h , eihiato____— Danielle H. Moore, Mayor Margari A. Zei n, Town Council President ,40,4 ._ AILL. _ ._ ...„ Bobbie Lindsay, Council President Pro 'em o�%�F PaLM�.�h ( i�y ti� 4,4 �I o X ‘17.6) (--0 r, $ ( ,. , PI • iii•C oy - % J Araskog, Town Council Me ser 144 . 4.....ia FRCc-r, Edward A. Cooney, Tow o • it Member Ar is ►.. I ,mAL ��!�4 PT --Go n, Acting Town Clerk Tewis S.W. Crampton own Council Member Ord.No.26-2021 Page 4 of 4