Ordinance 03-2018 EnvironmentORDINANCE NO. 03-2018
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 42,
ENVIRONMENT, ARTICLE V, NOISE; AMENDING SECTION 42-
198, RELATING TO THE OPERATION OF CERTAIN
MACHINERY; EXPANDING THE PERIOD OF THE YEAR
DURING WHICH THERE IS A PROHIBITION ON THE
OPERATION OF SAID MACHINERY; PROVIDING FOR
ADDITIONAL PROHIBITIONS; AMENDING SECTION 42-199,
HOURS FOR CONSTRUCTION WORK, AT SUBSECTION (b) SO
AS TO EXPAND THE LIMITATIONS ON THE MONTHS, DATES
AND TIMES DURING WHICH CONSTRUCTION WORK MAY BE
UNDERTAKEN; AMENDING SECTION 42-230, LAWN
MAINTENANCE EQUIPMENT NOISE, SO AS TO PROVIDE THAT
LAWN MAINTENANCE SHALL BE LIMITED TO THE HOURS
OUTLINED FOR CONSTRUCTION WORK SET FORTH IN
SECTION 42-199; PROVIDING EXCEPTIONS FOR THE
OPERATION OF LAWN MAINTENANCE EQUIPMENT BY
RESIDENTS, AND FOR GOLF COURSE MAINTENANCE
EQUIPMENT; PROVIDING REGULATIONS RELATING TO THE
OPERATION OF LEAF BLOWERS, AND PROHIBITING THE
COMMENCEMENT OF LARGE SCALE LANDSCAPE
INSTALLATION AT ANY TIME ON SATURDAYS; 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. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 42, Environment, Division V, Noise, Section 42-198 to read as
follows:
"Sec. 42-198. Operation of certain machinery during winter,
Saturdays, Sundays and legal holidays, including
the Friday immediately after Thanksgiving.
(a) Prohibited. During the period of the year commencing on the
Monday prior to Thanksgiving of each year and ending April 30 no
person shall operate or cause to be operated the following
machinery or equipment within the town:
(1) Dredges, whether used in making hydraulic fills, dry fills,
piledriving or any other purpose.
(2) Hammer -driven piledrivers, whether operated from water or
land, or from motor truck or tractor, and whether stationary
or moveable.
(3) Gasoline, diesel and/or steam engines, operated in such a
manner as to emit odors or noises offensive or disagreeable
to the inhabitants of the town.
(4) Dry sandblasting machines and jackhammers.
(5) Any other class of machinery or appliance that in its
operation would render the enjoyment of property within the
town less agreeable than if such appliances or machinery
were not; operated.
(b) Exceptions.
(1) It sh'all'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 (a) of this section
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 operation during emergency
conditions shall be exempt from subsection (a) of this
section."
Section 2. Chapter 42, Article V, of the Town's Code of Ordinances is hereby
amended at Section 42-199 to read as follows:
"Sec. 42-199. - Hours for construction work.
(a) Definitions. The fo.11owin'g 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;
Constructiojork ..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
2
Ordinance No. 3-2018
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 such 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 Thanksgiving,
when all construction work is restricted or prohibited. Construction
work is' permissible on Saturdays from May 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
which all of ithe noise and machinery prohibitions identified in
Section` 42' F11 8"are'a'pplicable; 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 restriction 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 on October 31, except Sundays
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
exceptiri 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 the Monday preceding Thanksgiving 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,
Ordinance No. 3-2018
by resolution, temporarily amend the hours for construction
work referenced herein."
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 42, Environment, Division V, Noise, Section' 42-230, to read as
follows:
"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 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 equ.ipment. The sound level meter measurement
shall not be',`applicable to lawn maintenance equipment used on
golf courses'
(c) Lawn riIntnan:ce 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 4. 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
.R
4
Ordinance No. 3-2018
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 5. 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 6. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 7. 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 9th day of January, 2018, and for second
Kathleen Dominguez, Town Clr(0Marret A. man Town Council Member
5
Ordinance No. 3-2018