HomeMy WebLinkAboutCity of Tamarac Ordinance O-2014-003Temp. Ord. #2294
February 25, 2014
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 9, ARTICLE III OF
THE CITY'S CODE OF ORDINANCES, ENTITLED "NOISE" BY
SPECIFICALLY AMENDING SECTION 9-86 ENTITLED
"GENERALLY", AMENDING SECTION 9-87 ENTITLED
"PROHIBITED ACTS ENUMERATED", AMENDING SECTION 9-88
ENTITLED "EXEMPTIONS", AMENDING SECTION 9-90
ENTITLED "HOURS OF OPERATION —OUTDOOR
AMUSEMENTS", AMENDING SECTION 9-91 ENTITLED "NOISY
BUSINESSES, WORK, ETC., GENERALLY", AMENDING
SECTION 9-92 ENTITLED "SAME ---FILLING STATIONS",
CREATING SECTION 9-94 TO BE ENTITLED "MEASUREMENT
OF NOISE", CREATING SECTION 9-95 TO BE ENTITLED
"ENFORCEMENT"; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, Florida ("City") recognizes the recent Florida
Supreme
Court decision in
State v. Catalano, 104
So.3d 1069 (Fla. 2012); holding that
Section
316.3045, Florida
Statutes, governing
the operation of radios or other
mechanical soundmaking devices or instruments in vehicles is unconstitutional as
written; and
WHEREAS, in Catalano, the Florida Supreme Court held that the amplification of
music from a motor vehicle is a constitutionally protected activity; and
WHEREAS, in Catalano, the Florida Supreme Court held that individuals could
not be penalized for the amplification of radios, while exempting the amplification of
certain types of speech from regulation under Section 316.3045, Florida Statutes; and
WHEREAS, the City Commission has determined a need to more effectively
control and abate noise pollution in the City; and
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WHEREAS, the purpose of this Ordinance is to provide the public and
enforcement officers with a clear delineation of enforcement procedures and with
concise guidelines for regulating noise within the City, by providing specific prohibited
noises and standards of measurement; and
WHEREAS, the purpose of this Ordinance is provide for an enforcement
mechanism which will include a "plainly audible" standard of sound measurement for
violating noises; and
WHEREAS, the City Commission finds that revising Chapter 9, Article III of the
City Code to reflect the findings and standards set forth by the Florida Supreme Court in
Catalano, is in the best interests of the citizens and residents of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
SECTION 2. Chapter 9, Article III, Section 9-86 entitled "Generally" of the City of
Tamarac Code of Ordinances is hereby amended as follows:
Section 9-86 — Generally
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a) Intent It is the intent and purpose of this chapter to regulate uses and
activities in the city in such a manner as to prevent excessive noises, which
degrade the quality of life, disturb the public peace, and jeopardize the health,
safety and welfare of the citizens of Tamarac. It is further, the intent of this
chapter to recognize that factors such as the time of day, location (e.g. proximity
to residences), necessity of public projects for the public good, and necessity of
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sounds incidental to allowed uses and activities must be considered in balancing
the protection of public peace and individual freedoms.
(b) Findings.,
1) Loud and raucous noise. degrades the environment of the e City _to a
degree that:
(a) is harmful to the health, welfare, and safety of its inhabitants and
visitors;
(b) interferes with the comfortable enjoyment of life and property_;
(c) interferes with the well-beinq, tranquility, and privacy of the home; and
(d) both causes and aggravates health problems.
(2) Both the effective control and the elimination of loud and raucous noise
are essential to the healthy and welfare of the City's inhabitants and visitors, -and
to the conduct of the normal pursuits of life, including recreation, work and
communication.
3) The use of sound amplification equipment creates loud and raucous
noise that may, in a particular manner and at a particular time and place,
substantially and unreasonably invade the .,privacy, peace, and freedom of
inhabitants of, and visitors to, the City.
(4)Certain short-term easing of noise restrictions is essential to allow the
construction and maintenance of structures, infrastructure, and other elements
necessary for the physical and commercial vitality of the City.
5
The obligation to draft regulations that affect speech in a content -
neutral fashion is of paramount importance to protect the freedom of expression
guaranteed by the First . Amendment of the United States Constitution. This
ordinance enacts narrowly drawn, _content -neutral requ ations that , are to be
interpreted as such so as not to infringe upon constitutionally protected rights.
(c) Definitions.
(1) Definitions. The following words and terms, when used in this section,
shall have the following meanings:
Emergency means any occurrence or circumstances involving
actual or imminent physical injury to ,persons or damage to property, which
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demands immediate action. It shall be the burden of the alleged violator to
prove the emergency.
Emergency vehicle means a motor vehicle used in response to a
public emergency or tor protect persons -or--property from imminent dangers
Emergency work means work necessary to restore property to a
safe condition following a public calamity, work to, restore public utilities, or
work required to protect persons or property from an imminent exposure to
dan er.
Motorboat means any vehicle which_ is primarily operated on water
or which does operate on water, such as boats, barges, amphibious craft,
or hover craft, and which is propelled by mechanical power.
Muffler means any apparatus consisting of baffles, chambers, or
acoustical absorbing, aterial whose
rimary
purpose
is
to transmit
liquids
or gases while
causing a reduction
in
sound
emission
at
one end.
Noise means any sound which is plainly audible from a distance of
twen five (25) feet, or from the prope!:!y of another.
Noise Sensitive Area includes,but is not limited to, real property
normally used for sleeping, or normally used as a school, church hospital
or public, library
Person means any natural person, individual, ,association,
partnership, corporation, municipality, governmental agency, business
trust, estate, trust, two or more persons having a ioint or common interest
or any other legal entity and includes any officer, employee, department,
agency or instrumentality of the United States, a state or any political
subdivision of a state or anv other entity whatsoever or any combination
such, jointly or severally_
Plainly audible means any sound that can be detected by a
reasonable person of ordinary sensitivities using his or her unaided
hearing faculties.
Powered model vehicles means anv powered vehicle, either
airborne, waterborne or land borne, ,which are designed not to carry
persons or property, such as, but not limited to, model airplanes, boats,
cars, rockets, and which are being propelled by mechanical means.
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Public right-of-way means any street, avenue, boulevard, ---highway,
alley, or public space, which is dedicated to, owned or controlled by a
public governmental entity.
Public space wmeans any real p operty or structures thereon
normally accessible to the public.
Unlawful noise is any sound that (,a) endangers the safely or health
of any oerson, -(b) disturbs a reasonable person of normal sensitivities, or
(c) endangers P rsonal or real Propertv.
Use shall mean any activity, event, operation, or facility, which
creates noise.
(d) General Prohibition.
1 No person shall make, continue, or cause to be made or continued:
(a) any loud or raucous noise; or
(b) any noise which is plainly audible and disturbs,_ injures, or
endangers the comfort, _ repose, health, peace, or safely of
reasonable persons of ordinary sensitivity, within the iurisdictional
limits of the City; or
(c) any noise which is plainly audible, which is so harsh, prolonged,
unnatural, or unusual in time or place as to occasion discomfortto
any persons within the neighborhood from' which said noises
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emanate, or as to interfere with the peace and comfort of neighbors
or their quests, or operators or customers in places of business_
as to detrimentally or adversely affect such residences or places of
business.
2. Factors for determining whether a sound is loud and raucous include,
,but are not, limited to, the following:
(a) the proximity of the sound to sleeping facilities, whether
residential or commercial;
(b), the land use, nature, and zoning of the area from which the
sound emanates and the area where it is received or perceived-
(c) the time of day or night the „sound occursi
(d) the duration of the sound; and
(e) whether the sound is recurrent intermittent, or constant.
SECTION 3. Chapter 9, Article III, Section 9-87 entitled "Prohibited Acts
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Enumerated" of the City of Tamarac Code of Ordinances is hereby amended as follows:
Section 9-87 — Prohibited Acts Enumerated
The following acts, among others, are declared to be '
unlawful noises and shall _constitute,_a per se +R
violation of this article, but this enumeration shall not be deemed to be exclusive.
No sound level measurement is needed to prove the existence of the following.
unlawful noises:
(1) The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle while not in motion, for more than ten
(10) consecutive seconds that is plainly audible from the property of
another, except as a danger signal if another vehicle is approaching
apparently out of control, or, if in motion, only as a danger signal after
or as brakes are being applied and deceleration of the vehicle is
intended;6iginv%al c*.Al
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(2) The playing, using, operating
or permitting to be played,
used or
operated, of any radio,
phonograph
or musical instrument
or other
machine or device for the producing
or reproducing of sound
in such
a manner or with such
volume, that
is plainly audible to any
person
other than the player(s)
or, operator(s)
of the device, and those who
are voluntarily listening to the sound, and is plainly audible from a
public street, the _adjacent lot nearest to the source, or at a distance of
twenty five (25) feet or, more, particularly during the hours between
11:00 p.m. and 7:00 a.m., ,
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(3) Yelling,
shouting,
hooting, whistling, of singing, and other
„ vocal
sounds
in excess
of a normal conversational level, anv of
which
occurs oetween the nou rs of 1 1: UU
p.m. and 7:00 a.m., so as to create, a plainly audible sound across a
residential real property line or on a public right-of-way,_or_public
property, or that is plainly audible to an occupant of a dwelling unit
within a building other than an_ occupant of the unit from which the
sound emanates, that can be heard from a distance of twenty five (25)
feet or more from the source, particularly in noise sensitive areas. of
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This section is to be
applied only to those situations where the disturbance is not a result of
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the content of the communication but due to the volume, duration,
location, timing or other factors not based on content;
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(4) The owning, possessing or harboring of any animal, bird or fowl which
persistently_ barks, bays, cries, howls, meows, squawks or makes
other noise so as to disturb the sleep, peace or quietude of any
inhabitant of the city of so that the noise emitted by such animal, bird
or fowl is plainer audible from a public street, and/or from a distance of
twenty five (25) feet and/or f rom the adiacent lot nearest to the
buildina. structure. or vard in rwhich the animal or bird is located. A
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` It shall be an affirmative defense to any
charge hereunder that such animal, bird or fowl was emitting such T
noise in response to an intrusion upon the premises by any person;
(5) The use of any automobile, motorcycle or vehicle so out of repair,. so
loaded or in such manner as to cause loud R. es grating,
grinding, rattling or other noise that is plainly_ audible from a distance
of twenty five (25) feet or more;
(6) The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the time to begin or stop work, or as a warning
of fire or danger, or upon request of proper city officials;
(7) The discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine, motor vehicle or motorboat
engine, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(8) Operating or permitting the operation of powered model vehicles,
either airborne, waterborne, or landborne, which are designed not to
carry persons or property, such as, but not Limited to, model airplanes,
boats, cars, rockets, and which are being propelled by mechanical
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February 25, 2014
Page 8
means, within a public recreation area or park other than those areas
specifically designated for such purpose by the city commission.
(9) Lou( speakers, amplifiers for advertising. The using, operating or
permitting to be planed, used, or operated, of any radio receivinq set,
musical instrument, phonograph, loudspeaker, sound amplifier or
other machine or device for the producing or reproducing of sound
between the hours of 11:00 p.m. and 7:00 a.m. in the following areas:
1) Within or adiacent to residential or noise -sensitive areas;
2) Within public space if the sound is
lainly audible across the
real property
line of
the public
space from which the sound
emanates, or
is plainly
audible at a
distance of twenty five (25) feet
or more from the source.
This shall not apply to any public performance, gathering, or parade for
which a permit has been obtained from the Cites
(10) Schools, courts, churches, hospitals. The creation of an, noise on
any street adjacent to any school, institution of learning, church or
court while the same are in use, ,or adjacent to any hospital which is
Plainly audible within such school court public building, place of
worship or hospital, from a distance of twen
five (25) feet from the
noise, and interferes with the operation of the institution, ,provided
conspicuous signs ,are displayed in such streets indicating that the
same is a school, hospital or court street.
SECTION 4. Chapter 9, Article III, Section 9-88 entitled "Exemptions" of the City
of Tamarac Code of Ordinances is hereby amended as follows:
Section 9-88 — Exemptions
None of the terms of prohibition of sections 9-86 and 9-87 shall be applied to or
enforced against the following:
(1) Any vehicle of the city while engaged in necessary public business;
(2) Excavations or repairs of bridges, streets or highways by or on behalf
of the city, county or the state during the night, when the public welfare
and convenience render it impossible to perform such work during the
day;
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Page 9
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(4,3) An electrically amplified siren system for use as a warning to golfers
of danger from nearby lightning activity, when located on the grounds
of a golf course, and when the following guidelines are utilized:
a. The siren shall be a system approved by Underwriters'
Laboratories, Inc., and installed by a trained and licensed
electrician, after appropriate permits are obtained.
b. The loudspeakers for such system shall not be located within
two hundred (200) feet of any hospital or private residence.
c. The siren's signal shall be manually activated only at the
direction of the golf course manager or his designee and only
when an imminent or early threat of lightning activity is indicated
by atmospheric conditions or broadcasted meteorological
reports. I
d. The following United States Golf Association recommended
signals shall be used:
Discontinue p/ay—Three (3) short consecutive notes of
siren, repeated for a period not to exceed thirty (30) seconds
in any fifteen -minute period.
Resume play One (1) prolonged note of siren, repeated for
a period not to exceed fifteen (15) seconds in any fifteen -
minute period.
These standardized signals and their meanings shall be
prominently displayed in the clubhouse and at the first tee to
inform all golf players.
e. Prior to the installation of a lightning warning siren, a permit
from the building department shall be obtained. A permit fee
shall be set by resolution of the city commission. The fee shall
cover the initial and subsequent yearly inspections by the
building department to ensure the proper functioning of the siren
system.
f. Any operation of the siren system without a valid permit or in
contravention of the standards enumerated in this subsection
shall constitute a violation. Each violation shall subject the
owner of the property on which the siren system is located to a
fifty -dollar fine. The third violation within a calendar year shall be
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grounds for revocation of a permit unless the permit holder can
demonstrate in a hearing before the city commission that
measures are being taken to eliminate the incidents of
unwarranted operation of the siren system.
(4) Noises of authorized safety signals and warning devices;
(5) The generation of sound for the purpose of alerting persons to the
existence of an emergency;
(6) Noises resulting from any authorized emergency vehicle;
(7) Noises resulting from
emergency work, which is to be construed as
work made necessary
to restore property_,
and/or utilities to a
safe
condition following a
public emergency, or work required to protect
persons or property from any imminent
exposure to danger.
This
exemption will include
noises from emergency
communications
and
utility, work following
a public calamity,
and in connection
with
restoration of
service operations.
(8) Noses resulting from community events such as fairs, sporting events,
school activities, community festivals, etc., provided that the event has
been approved by the City Commission as a special event.
(9) Noises relating to the use of lawn mowers or other machinery for
landscaping purposes at golf courses shall be permitted between the
hours of 6:00 a.m. and 6:00 p.m.
SECTION 5. Chapter 9, Article III, Section 9-90 entitled "Hours of operation
Outdoor amusements" of the City of Tamarac Code of Ordinances is hereby amended
as follows:
Section 9-90 — Hours of operation --Outdoor Amusements.
It shall be unlawful for the owner of, or any person employed at, any place where an
outdoor amusement is operated, to operate or conduct such business between the
hours from 10:00 p.m. to 6:00 a.m. of each day, whereby noise emitting therefrom shall
be
plainly audible from a distance of twenty five (25) feet, or the prop rty of another.
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SECTION 6. Chapter 9, Article III, Section 9-91 entitled "Same Noisy
businesses, work, etc., generally" of the City of Tamarac Code of Ordinances is hereby
amended as follows:
Section 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., in a noise sensitive area, which creates noise that is plainly audible from
a distance of twenty five (25) feet, or from the property, of another.
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. 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 city
manager and after an investigation has been made, ' he the city manager may
issue a temporary permit authorizing any business to operate during specified extended
hours and under specific conditions, * if any, for a period no longer than forty-five (45)
days. 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 7. Chapter 9, Article III, Section 9-92 entitled "Same Filling Stations"
of the City of Tamarac Code of Ordinances is hereby amended as follows:
Section 9-92 - Same --Filing Stations.
It shall be unlawful for the owner of or any person employed at any gasoline filling
station located within three hundred (300) feet of ,
ohs i�e--el: -hotel-a noise sensitive area in the city to carry on or conduct any business
thereat from 11:00 p.m. to 6:00 a.m. of each day, whereby loud or i-ng noises that
are plainly audible form a _distance of twenty five (25) feet, or from the property of
another, are caused thereby.
SECTION 8. Chapter 9, Article III, Section 9-94 entitled "Measurement of Noise"
is hereby created as follows:
Section 9-94 - Measurement of Noise.
In determining whether a violation of this article has occurred, the complaint of noise
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Page 12
shall be measured by the Code Enforcement Division or Police Department according to
the following plainly audible standard:
(1) The primary means of measurement shall be byordinary, auditory senses of
a reasonable person with normal sensitivities, so long as any mechanical device
does not enhance their hearing, such as a microphone or hearing aid.
(2) The measurement shall be taken on, or as near as possible to the real
property line of the property upon which the sound source is located, and, i_ nv
event from a location not less than 25 feet from the source measured in a straight
line.
SECTION 9. Chapter 9, Article III, Section 9-95 entitled "Enforcement" is hereby
created as follows:
Section 9-95 — Enforcement.
(1) Any citizen
wishing
to register
a complaint
of
alleged
noise disturbance
violations shall
be required to sign
a sworn statement
including the details of the
complaint in order for a law
enforcement or code enforcement officer to
investigate and
cite the alleged
offender. When a noise disturbance complaint is
received by the
City, the Code
Enforcement Division
or Police Department shall
investigate
the
complaint
to verify
whether
a noise
disturbance violation has
occurred.
(2) This requirement shall not preclude a law enforcement or code enforcement
officer from citing any alleged offender based on his or her own observations
whether or not a complaint has been made.
3) If a complaint is verified by the_. Code Enforcement Division or Police
Department, or a noise disturbance violation is independently observed by the
Code Enforcement Division or Police Department, a Police Report or written
report from the Code Enforcement Officer will be generated documenting the
date and time of the incident and the officer's observations.
(4) An alleged
violation of
this article
shall be
presented
to
the special magistrat
in accordance
with
Article
III,
Section
2 of
the
City Code
of
Ordinances.
(5) Any person found violating this article shall be subject- to a fine of
$250-00 per day for the first occurrence, and $500-00_per day for each additional
occurrence, in accordance with Article III, Section 2 of the City Code of
Ordinances.
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Words in underlined type are additions.
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- - -- . - . 1............ . . - - .
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Page 13
(6) Each occurrence shall constitute a separate violation and shall be adiudicated
before the „code enforcement board or special magistrate. .
(7) Any violation of this section shall constitute a nuisance. The Office of the City
Attorney may bring suit on behalf of thecity, or anv affected citizen may bring suit
in his/her name aaainst the person or persons causina or maintainina the
nuisance, or against the owner/agent of the building or property on which the
nuisance, exists. Relief may be granted according to the terms and conditions of
Chapter 60, Florida Statutes, as amended from time to time
SECTION 10. Codification. It is the intention of the City Commission of the City of
Tamarac that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention
SECTION 11. Conflicts. That all Ordinances or parts of Ordinances, , Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 12. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 13. Effective Date. This Ordinance shall become effective
adoption.
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Words in underlined type are additions.
upon
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Temp. Ord. #2294
February 25, 2014
PASSED, FIRST READING this day of
PASSED, SEI;PNd SING this
A 0,f T"�
S'JJ ••
JJ •• ✓
i • ✓
J •�
ESTABLISHED*
1963
0 ; AL �
E p
ATTEST.-
r •� S •• 1
�' •• ••
PATRICIA
CITY CLERK
L, CMC
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
�SAMUEL S. GOREN
CITY ATTORNEY
day of
BY:
20146
20146
MAYOR HARRY DRESSLER
Page 14
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER
DIST 1: COMM BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM GLASSER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM GLASSER
DIST 4: COMM PLACKO
CODING: Words in c;tr-+Ic�#� type are deletions from existing law;
Words in underlined type are additions.
SSG : S RW 11 /15/13; 2/13/14; 2/25/14