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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-019Temp. Ord. # 1899 — May 31, 2000 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2000_I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 9 OF THE TAMARAC CODE, ENTITLED "HEALTH, SANITATION AND NUISANCES", ARTICLE III "NOISE", SECTION 9-91 "SAME -NOISY BUSINESSES, WORK, ETC., GENERALLY", BY GRANTING THE AUTHORITY TO ISSUE PERMITS ALTERING THE LAWFUL HOURS OF OPERATION FOR NOISY BUSINESSES, WORK, ETC. FOR TIME PERIODS UP TO FORTY-FIVE (45) DAYS TO THE CITY MANAGER, AND FOR TIME PERIODS LONGER THAN FORTY-FIVE (45) DAYS TO THE CITY COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 9, Article III, Section 9-91 "Same -Noisy businesses, work, etc., generally" authorizes the chief of police to issue permits altering the lawful hours of operation for noisy businesses, work, etc. for a limited period of time; and WHEREAS, the City no longer maintains its own police department, and does not employee a chief of police; and WHEREAS, the City Manager is the chief administrative officer of the City of Tamarac, as outlined in Article V "City Manager", Section 5.01 "General responsibility" of the City Charter; and WHEREAS, the City Manager recommends approval; and WHEREAS, the City Commission has deemed it to be in the best interest of the citizens and residents of the City of Tamarac that Chapter 9, Article III, Section 9-91 "Same -Noisy businesses, work, etc., generally" be amended. Coding: Words stFuslthFeugh are deletions from existing law. Words underscored are additions. 1 Temp. Ord. # 1899 — May 31, 2000 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: That Chapter 9 of the Tamarac Code, entitled "Health, Sanitation and Nuisances" is amended as follows: Sec. 9-91. Same -Noisy businesses, work, etc. generally. It shall be unlawful for any person to perform labor or work or to operate or conduct any business or enterprise in the city on any day, except between the hours of 8:00 a.m. and 6:00 p.m., at a location so close to inhabited dwellings, apartments or hotels that the noise emitted from the operation of such business or enterprise shall disturb or be detrimental to the health, peace and quiet of any occupants thereof. If any emergency exists, or conditions with reference to the operation of any business are such that it would be unjust and inequitable for the same not to be operated during the prohibited hours, upon application made to the ^hief of nr,ii^^ citv manage and after an investigation has been made by him, he may issue a temporary permit authorizing any business to operate #eFeflfY alimited per+e � �^h ^nnditinno during specified extended hours and under specific conditions,_ if any, for a period no longer than fort -five 45 da s. Only the city commission may issue a permit for any limited time period that exceeds forty-five (45) days through a resolution of the city commission. The city commission may attach specific conditions to any permit that it approves pursuant to this section. SECTION 3: Codification: It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Coding: Words ink through are deletions from existing law. Words underscored are additions. Temp. Ord. # 1899 — May 31, 2000 Page 3 SECTION 4: Conflicts: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: Severability: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: Effective date: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this o2a day of )2000. PASSED, SECOND READING this /off day of , 2000. O SCHREIBER MAYOR ATTEST: MARION SWEN N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER '-A-A DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS MITCHELL S. KRAFT CITY ATTORNEY Coding: Words are C ons from existing law. Words underscored are a(! ns.