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
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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
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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.
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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.
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Danielle H. Moore, Mayor Margari A. Zei n, Town Council President
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PT --Go n, Acting Town Clerk Tewis S.W. Crampton own Council Member
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