Ordinance 01-2013 Environment ORDINANCE NO. 1-13
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 42, ARTICLE V, OF THE TOWN
CODE OF ORDINANCES AT SECTION 42-199, HOURS
FOR CONSTRUCTION WORK, SO AS TO PROVIDE THAT
THE TOWN COUNCIL MAY, BY RESOLUTION,
TEMPORARILY AMEND THE HOURS FOR
CONSTRUCTION WORK SPECIFIED IN SECTION 42-199
IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY
AND WELFARE OF THE RESIDENTS OF THE TOWN;
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, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 42, Article V, of the Town's Code of Ordinances is hereby
amended at Section 42-199, by including a new subparagraph (5) 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. During the months of December, January,
February, March and April of each year, construction work 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
construction-related noise be permitted before 9:00 a.m. At all other times
(May through November) such work may commence at 8:00 a.m. and
cease at the hour of 6:00 p.m., except Sunday and legal holidays,
including the Friday immediately after Thanksgiving, when all construction
work is prohibited. However, the permitted hours for construction work in
the C-WA zoning district shall be only 8:00 a.m. until 8:00 p.m. during the
months commencing May 1 and ending on October 31, except Sunday
and legal holidays, when all construction work is prohibited.
(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 nontown
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 December 1 and ending on April 30.
(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.
II
Ordinance No. 1-13 Page 2 of 3
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.
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 March 2013, and for second ,
and final reading on this 9th day of April 2013.
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GS L. Coniglio, Mayor David A. Rosow, Town Council President
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Robert N. ' k, President Pro Tem
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c ATTEST: ' ' ��'' Richar M. Kleid, Town Council Member
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usan A. O ns MMC Town Clerk Michael . Pucillol" wn Council Member
Ordinance No. 1-13 Page 3 of 3