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Ordinance 29-2021 Environment Revised 1-6-22 ORDINANCE NO. 29-2021 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 AT SECTIONS 42-197. SPECIFIC ACTS PROHIBITED AND AT SECTION 42-230. LAWN MAINTENANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; 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 titled Environmental is hereby amended at Section 42-197, titled Specific Acts Prohibited and at Section 42-230 titled Lawn Maintenance to read as follows: Sec. 42-197. Specific acts prohibited. The following acts shall be unlawful whether or not such acts constitute a violation of section 42-196: (1) Keeping of animals. The keeping of any animal or bird that causes loud and raucous noise, or frequent noise audible within any receiving dwelling, hotel or other type of residence. (2) Playing of radio, television, phonograph, similar device. The playing of any radio, television, phonograph, compact disc player, tape player, musical instrument, or other sound-making device audible within any receiving dwelling, hotel or other type of residence between the hours of 12:00 midnight and 7:00 9:00 a.m. or at any such time so that the sound created by such device violates the standards set forth in section 42- 196. (3) Loudspeakers, amplifiers for advertising. The using, operating or permitting the playing, using or operating of any radio or television receiving sets, musical instrument, phonograph, compact disc player, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure. (4) Noises near churches, schools. The creation of any noise on any street or other public way adjacent to any church, school or institution of learning while the same is in session that unreasonably interferes with the workings of such institution. (5) Loading and unloading operations. The creation at any time of loud and raucous noise in connection with loading or unloading any vehicle, or the opening and destruction of bales, crates or containers. (6) Noises to attract attention. The use of any drum, pan, pail, bell, horn, trumpet, loudspeaker or other instrument or sound-making device for the purpose of attracting attention to any performance, show, sale, display or merchandise. (7) Yelling, shouting, similar noises. Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 12:00 midnight and 7:00 9:00 a.m., or at any time or place in a manner violating the standards set forth in section 42-196. (8) Blowers. The operation of any noise-creating blower or power fan, or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. (9) Operation of car radios. The operation of radios or other mechanical sound making devices or instruments in vehicles as hereby regulated and controlled by F.S. § 316.3045. (10) Operation of sound making devices in public areas. The operation of radios or tape players or other mechanical sound making devices or instruments in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area or located in or upon a public access area, such as a parking lot, etc., if such sound can be heard from more than 50 feet, measured in a straight line from its source. (11) Commercial loading and unloading operations, certain times prohibited for locations in or adjacent to residentially zoned areas. The commercial loading and unloading of any vehicle, or the opening, destruction and/or disposal of bales, crates, containers, or any other item for businesses located in or adjacent to residentially zoned areas, shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m. (12) Gasoline powered leaf blowers. (a) Definition. Leaf blowers shall mean any air blowing machine that uses a concentrated stream of air to push, propel or blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris. (b) The use of gasoline powered leaf blowers is prohibited on any property within the town, which is less than one acre in size. This prohibition shall be effective as of October 1, 2017. Effective May 1. 2022, gasoline powered leaf blowers shall be prohibited on any size property within the town. Ordinance No. 29-2021 2 Sec. 42-230. Lawn maintenance. (a) Lawn maintenance in the town shall be limited to the hours outlined for construction work at section 42-199 and all gas or electric powered lawn maintenance equipment, including leaf blowers, shall be subject to the same restrictions as heavy equipment as described in said section. (b) Nothing in this section shall preclude the operation of lawn maintenance equipment by residents after 9:00 a.m. on Saturdays, Sundays or legal holidays, including the Friday immediately after Thanksgiving. Further, golf course maintenance equipment within the town is not restricted during the hours outlined herein: however, such golf course maintenance equipment shall not be used before 8:00 a.m. or after 5:30 p.m. on any day at locations within 300 feet of residential properties, except in the event of valid emergencies and once per month for purposes of chemical spraying or fertilizing, The sound level meter measurement shall be no greater than 75 dBA measured 50 feet from the point of operation of the equipment. The sound level meter measurement shall not be applicable to lawn maintenance equipment used on golf courses. (c) Lawn maintenance equipment includes but is not limited to lawn mowers, edgers, hedge trimmers, yard tractors, leaf blowers, lawn vacuum machines, and monofilament line grass trimmers. (d) Leaf blowers shall not exceed a decibel level of 65 dBA as measured at 50 feet from the point of operation. It shall be unlawful to blow, sweep or rake yard trash or clippings into the public street or storm drains. (e) There shall be no commencement of large scale landscape installation at any time on Saturdays. 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 a part of the official Code of Ordinances of the Town of Palm Beach. Section 5: Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. 29-2021 3 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 14th day of December, 2021, and for second and final reading on this 11th day of January, 2022. -5\ CA1.0.;de .i Danielle H. Moore, Mayor Mar: ret A. Z 7.man, Town Council President 64t, el ‘ ...ii Bobbie Lindsay, Town Council • -.ident Pro Tern I ;'e� -'► ill J li- Aras og, own 0'.uncil - ber .0' ,--,,, ..,,,c,\\ A, , \ / t A')A1 ,_Eid n.d.C.CLI 4 •,;oy = `./ 0ri-g Lewis S.W. Crampton, Town Council Member °to IG vl I I Or.4°,1 -1'''`'14 4 114 dt ,,%,'`‘..%%..44' Edward A. Cooney, Town C ncil Member ATTEST: $ I:yle rdon Acting Town Clerk Ordinance No. 29-2021 4