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Ordinance 24-2011 Environment ORDINANCE NO. 24 -2011 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, SECTION 42 -230 RELATING TO LAWN MAINTENANCE EQUIPMENT NOISE, SUBPARAGRAPH (a); TO CLARIFY THAT GOLF COURSE MAINTENANCE EQUIPMENT IS EXEMPT FROM THE RESTRICTIONS AT SECTION 42 -199; 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. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 42, Environment, Section 230, Lawn Maintenance Equipment Noise; subparagraph (c), to read as follows: "Sec. 42 -230. Lawn maintenance equipment noise. (a) Operation of lawn maintenance equipment shall be limited to the hours outlined for construction work at section 42 -199, including the prohibitions stated therein on Sundays and all legal holidays. Nothing in this section shall preclude the operation of lawn maintenance equipment on Saturdays or the Friday immediately after Thanksgiving. Additionally, nothing in this section shall preclude the operation of lawn maintenance equipment, including leaf blowers, by residents 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 for construction work at section 42 -199; 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 n The sound level meter measurement shall not be the equipment. applicable to lawn maintenance equipment used on golf courses. (b) 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. (c) Leaf blowers shall be prohibited from use between the hours of 5:00 p.m. and 9:00 a.m. Additionally, during the period of the year commencing December 1 and ending April 30, leaf blowers may be used on Saturdays only from 9:00 a.m. to 12 :00 p.m. 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 yard trash or clippings into the public street." 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. Ordinance No. 24 -11 Page 2 of 4 I 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. i 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. i This Ordinance shall take effect immediately upon its passage and approval, as provided by law. I i I �I i I Ordinance No. 24 -11 Page 3 of 4 i PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 13 day of September, 2011, and for second and final reading on this 11 day of October 2011. liter - G ft. Conig io, May David osow, Town Council President r 2 Roe it rick, Co r ProTem Wi li J. Diamond, Town Council ember J<t-d Ric and . Kleid, Town Council Member F t c F ' � Sgsan A, "Owens, Town Clerk Michael Pucillo, T n Council Member i i Ordinance No. 24 -11 Page 4 of 4