HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-019Temp. Ord. # 1899 — May 31, 2000
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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.
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Temp. Ord. # 1899 — May 31, 2000
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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
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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.