2015-22 Code Amendment - Noise OrdinanceORDINANCE NO. 2015-22
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 -99, "DEFINITIONS," TO REVISE THE DEFINITION OF
UNREASONABLE NOISE EMANATING FROM PROPERTY WITHIN
RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village's noise regulations currently define unreasonable noise emanating from
property with a residential zoning designation as noise that is plainly audible either:
(1) one hundred and fifty (150) feet from the property boundary of the source of the noise,
measured on a horizontal plane; or (2) through walls, floors or partitions common to two (2)
residential units located within a single structure; and
WHEREAS, the Village Council wishes to amend the definition of unreasonable noise in
residential areas to include noise that is plainly audible through the external walls and fully
closed windows of any residential structure, including single - family homes; and
WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the
health, safety and welfare of the residents and citizens of the Village of North Palm Beach.
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 -99 to read as follows (additional language is underlined):
ARTICLE VI. NOISE CONTROL
See. 19-99. Definitions.
For the purposes of this article, whenever any of the following words,
terms or definitions are used herein they shall have the meanings ascribed to them
in this section except where the context requires otherwise:
Unreasonable noise means any noise in or emanating from any property
located within the corporate limits of village which violates the provisions of this article.
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C. For noise emanating from property with a residential zoning
designation, unreasonable noise shall be defined as noise that is
plainly audible one hundred and fifty (150) feet from the property
boundary of the source of the sound or noise, measured on a
horizontal plane. Notwithstanding the foregoing, noise shall be
considered unreasonable when it is plainly audible through the
external walls and fully closed windows and doors of a residential
structure or through walls, floors or partitions common to two
residential units located within a single structure.
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 12TH DAY OF NOVEMBER, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10TH DAY OF DECEMBER, 2015.
(Village Seal)
MAYO
ATTEST:
/W/" �' a -f / , L'; W Z
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGALC SUFFICIENCY:
VILLAGE ATTORNEY
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