HomeMy WebLinkAboutOrdinance No. 04-1994•
•
*NO ACTION TAKEN - PER CITY COUNCIL ACTION TAKEN AT WORKSHOP
MEETING HELD ON JANUARY 13, 1994.
ORDINANCE NO. 04 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SUBSECTION (A) OF SECTION
711.10, CONSTRUCTION NOISE, OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL TO CHANGE THE AUTHORITY FOR
GRANTING EXCEPTION TO TIME LIMITS FROM THE BUILDING
OFFICIAL TO THE CITY COUNCIL; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as folloWS:
SECTION 1. Subsection (A) of Section 711.10, Construction
Noise, of the Code of Ordinances of the City of Cape Canaveral is
hereby amended to read as follows:
Sec. 711.10. Construction Noise.
(A) The construction, erection (including excavation),
demolition, alteration or repair, of any building shall be
permitted only between the hours of 7:00 A.M. and 7:00 P.M.,
Monday through Saturday. These activities shall be prohibited
at all other times and also during all hours on New Year's
Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas,
except in case of urgent necessity in the interest of public
health and safety, and then only with a permit from the
Building Official, which permit may be granted for a period
not to exceed three (3) days, or less, while the emergency
continues and which permit may be renewed for periods of three
(3) days, or less, while the emergency continues. If the
Building Official City Council shall determine that the public
health and safety.... will. °. not be impaired by the erection,
demolition, alteration or repair of any building or the
excavation of streets and highways between the hours of 7:00
P.M. and 7:00 A.M., and during all hours of the holidays
listed above, and if ?# further determines
that loss or inconvenience wouldresu]t to any party in
interest, , he may grant permission for such
.: : ::::.::..::.:...::. :...
work to be done "'be weer the amours of 7:00 P.M. and 7:00 A.M.,
and during all hours of the holidays listed above, upon
application made at the time the permit for work is awarded or
during the progress of the work.
•
City of Cape Canaveral, Florida
Ordinance No. 04 -94
Page 2
SECTION 2. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 4. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
• Florida, this day of , 1994.
ATTEST:
Faith G. Miller, CITY CLERK
APPROVED AS TO FORM:
John R. Kancilia, CITY ATTORNEY
•
Joy C. Salamone, MAYOR