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.
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Danielle H. Moore, Mayor Mar: ret A. Z 7.man, Town Council President
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Bobbie Lindsay, Town Council • -.ident Pro Tern
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•,;oy = `./ 0ri-g Lewis S.W. Crampton, Town Council Member
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,,%,'`‘..%%..44' Edward A. Cooney, Town C ncil Member
ATTEST:
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Acting Town Clerk
Ordinance No. 29-2021 4