2025-03 Code Amendment- Permissible Time for Construction ActivityORDINANCE NO. 2025-03
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING ARTICLE VI, "NOISE CONTROL," OF
CHAPTER 19, "OFFENSES AND MISCELLANEOUS PROVISIONS," OF THE
VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 19-104,
"PERMISSIBLE TIME FOR CONSTRUCTION ACTIVITY," TO MODIFY THE
PERMISSIBLE HOURS FOR CONSTRUCTION ACTIVITY AND THE USE OF
POWER -DRIVEN MACHINERY; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village's noise control regulations are set forth in Article VI of Chapter 19 of the
Village Code of Ordinances; and
WHEREAS, the Village Council wishes to modify the permissible hours for construction activities
and the use of power -driven machinery set forth in Section 19-104 of the Village Code; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests
of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are
incorporated herein.
Section 2. The Village Council hereby amends Article VI, "Noise Control," of Chapter 19,
"Offenses and Miscellaneous Provisions," of the Village Code of Ordinances by amending Section
19-104 to read as follows (additional is underlined and deleted language is m en through):
ARTICLE VI. NOISE CONTROL
Sec. 19-104. Permissible time for construction activity.
(a) It shall be unlawful for any person to do, perform or engage in any
construction work, building, excavating, hoisting, grading, pile driving, pneumatic
hammering, demolition, dredging, building alteration or repair work of any nature to
any building or structure or upon any site for same, in the village between the hours of
8-09 5:30 p.m. of one day and 8:00 a.m. of the next day if any such activity shall cause
unreasonable noise as defined in section 19-99 above. Notwithstanding the foregoing
no such activity shall commence before 9:00 a.m. on Saturdays and no late construction
activity shall be permitted on Sundays or legal holidays. Any person desiring to engage
in the aforesaid activity beyond the stated hours of limitation, based upon cases of
emergency or upon the interests of public health, safety and ultimate convenience, may
apply to the village manager or his representative for a special permit. Such permits, if
granted, shall be limited to a certain period, but may be renewed for additional periods
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if the emergency or need therefor continues. In the issuance of such permits the village
manager or his designated representative shall weigh all facts and circumstances and
shall determine whether the reasons given for the urgent necessity are valid and
reasonable, whether the public health, safety and ultimate convenience will be protected
or better served by granting the permit requested, and whether the manner and amount
of loss or inconvenience to the party in interest imposes a significant hardship. Upon an
affirmative finding of the foregoing considerations, the village manager or his designee
is authorized to issue the permit requested and any extensions thereof, as may be
required. Any person aggrieved by the decision of the village manager or his designated
representative may appeal the decision of the village manager to the village council.
(b) It shall be unlawful for any person to cause or permit the use of any
power -driven machinery, tools or equipment, including power mowers, in any portion
of the village zoned and designated as a residential district other than between the hours
of 8:00 a.m. and 8:00 p.m. on weekdays, between the hours of 9:00 a.m. and 8:00 p.m.
and on Saturdays, and between the hours of 10:00 a.m. and 8:00 p.m. on Sundays.
Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinances is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such
holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 13TH DAY OF FEBRUARY, 2025.
FINAL READING AND PASSED THIS 27TH DAY OF FEBRUARY, 2025.
( �ag�CSVR'IDA
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i.• �� MAYOR
ASI-....'
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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