HomeMy WebLinkAboutCity of Tamarac Ordinance O-1990-021r TEMP. ORD. #1488
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. O -90- oZ/
AN ORDINANCE OF THE CITY OF TAMARAC,
FLORIDA, AMENDING CHAPTER 9, ARTICLE
111, "NOISE", OF THE CODE OF THE CITY OF
TAMARAC AT SECTION 9-87 (4), PROVIDING
FOR PROHIBITING NOISES BY ANIMALS, BIRDS
OR FOWL; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, by order of Court dated January 19, 1990, Tamarac
City Code Section 16-2(b), recodified as City Code Section
9-87(4), has been held to be unconstitutional for the reason that
is constitutes a public enactment for the benefit of a private
individual= and
WHEREAS, the City finds it necessary to amend Section
9-87(4) so as to insure that said section is constitutional and
constitutes a public enactment for the benefit of the general
public; and
WHEREAS, the City Council determines that any animal, bird
or fowl creating noise audible at a distance of one hundred
(100') feet from any property line of the premises upon which the
animal, bird or fowl is located, or from within any residential
dwelling unit, is deemed to be creating a public nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC THAT:
1. That Chapter 9, Article III, "Noise", at Section
9-87, "Prohibited Acts Enumerated," shall be amended so that
Subdivision (4) of said section shall read in full as follows:
(4) The owning, possessing -or harboring of
any animal, bird or fowl which barks, bays,
cries, howls, meows, squawks or makes other
noise on more than (30) occasions within a
period of twenty (20) minutes so that the
noise emitted by said animal, bird or fowl
is audible to a person of ordinary
sensibilities at a distance of one hundred
(100' ) feet from any property line . of the
remises upon which the animal, bird or
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Temp. Ord. #1488
fowl is located, or is audible .to a person
of ordinarysensibilities located within a
residential dwelling unit, regardless of
the distance that said dwelling unit is
located from the propertyline or the
remises upon which the animal bird or
fowl is located. It shall be an affirmative
defense to any charge hereunder that such
animal, bird or^ fowl was emitting such
noise in response to an intrusion upon the
premises by. any person.
II. All sections or parts of sections of the Code of
ordinances, all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith, be and
the same, are hereby repealed to the extent of such conflict.
III. Should any section or provision of this Ordinance, or
any portion thereof, or any paragraph, sentence or word be
declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder
hereof, as a whole or a part hereof, other than the part
declared to be invalid.
IV. It is the intention of the City Council that the
provisions of this Ordinance shall become and be made a part of
the Code of Ordinances and that the sections of this Ordinance
may be renumbered or relettered and the words "Ordinance" may be
change to "Chapter", "Section", "Article", or such other
appropriate word or phrase, the use of which shall accomplish
the intentions herein expressed.
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Temp. Ord. #1488
V. This Ordinance shall be in force and take full effect
immediately upon its passage and final adoption.
TAI
PASSED ON FIRST READING THIS DAY OF ,
1990
PASSED ON SECOND READING THIS DAY OF ,
1990
ATTEST:
CAROL A. EVANS
CITY CLERK
I :HEREBY. -CERTIFY that
I have approved this
n n rm.
ALAN . R
INTERIM TY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1: CAI ROHR
DISTRICT2: CAI SCHUMANN
DISTRICT 3: WM HOFFMAN
DISTRICT4: _ C/M BENDER[�.c�—