HomeMy WebLinkAboutOrdinance No. 52-1973v
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MICROFILMED 344 °80
ORDINANCE NO. 52 -73
AN ORDINANCE RESCINDING ORDINANCE NO. 20 -73, WHICH
ORDINANCE IS ENTITLED "AN ORDINANCE DECLARING
POLICY TO ABATE NOISE; ESTABLISHING GEOGRAPHICALLY
RELATED NOISE STANDARDS; ESTABLISHING TRANSPORTA-
TION AND RECREATIONAL VEHICLE SOURCE NOISE
STANDARDS; ESTABLISHING /PECIAL SERVICE NOISE
STANDARDS; ESTABLISHING MISCELLANEOUS DEVICE NOISE
STANDARDS; ESTABLISHING PERSONAL SAFETY NOISE
STANDARDS; PROVIDING FOR VARIANCES; PROVIDING FOR
ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE
NO. 21 -72; PROVIDING AN EFFECTIVE DATE "; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Ordinance No. 20 -73, entitled "An Ordinance
Declaring Policy to Abate Noise; Establishing Geographically Related
Noise Standards; Establishing Transportation and Recreational Vehicle
Source Noise Standards; Establishing Special Service Noise Standards;
Establishing Miscellaneous Device Noise Standards; Establishing Personal
Safety Noise Standards; Providing for Variances; Providing for Enforce -
anent and Penalties; Repealing Ordinance No. 21 -72; Providing an
Effective Date." the full text of which is attached hereto as Schedule "A"
is hereby rescinded in its entirety.
SECTION 2. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida.,A`
dm day of DECEMBER , 1973.
r.a
ttest'
Cit
roved '`as to form:
First Reading- 11/20/73
Advertised: 11/26/73
Posted: 11/21/73
Second 9 -1R -73
NAME •
MACLAY
RHAM E
RUTKOWSKI
SALVAGGIO
THURM
YES
NO
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ABS
P
MICROFILMED 344 -$0
ORD.44",,2 7y1
ORDINANCE NO. 21 -72 (AS AMENDED)
AN ORDINANCE PROHIBITING LOUD AND EXCESSIVE NOISE; PROVIDING
PENALTY FOR VIOLATIONS; REPEALING ORDINANCES NUMBERED 10 -62
AND 20 -65; PROVIDING AN EFFECTIVE DATE.
WHEREAS, MOST PROVISIONS OF ORDINANCES 10 -62 AND 20 -65 HAVE IDENTICAL
OR EQUIVALENT CONTERPARTS IN THE FLORIDA STATUTES, AND
WHEREAS, THE USE OF FLORIDA STATUTES TO CONTROL CRIME AND CONDUCT
IS AUTHORIZED BY ORDINANCE NO. 1 -62 AND PREFERRED BY THE CITY'S LAW ENFORCE
MENT AGENCY AND CITY ATTORNEY, AND
WHEREAS, THIS ORDINANCE CONTAINS THOSE PROVISIONS OF ORDINANCES
20 -65 AND 10 -62 WHICH DO NOT HAVE IDENTICAL OR EQUIVALENT COUNTERPARTS IN
THE FLORIDA STATUTES,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
SECTION 1. LOUD AND UNNECESSARY NOISE PROHIBITED. THE CREATION
OF ANY UNREASONABLY LOUD, DISTURBING AND UNNECESSARY NOISES IN THE CITY IS
PROHIBITED. NOISES OF SUCH CHARACTER, INTENSITY AND DURATION, AS TO BE DET-
RIMENTAL TO THE LIFE OR HEALTH OF ANY INDIVIDUAL, OR IN THE DISTURBANCE OF
THE PUBLIC PEACE AND WELFARE, ARE PROHIBITED.
SECTION 2. PENALTY FOR VIOLATION. WHOSOEVER SHALL VIOLATE THE
PROVISIONS OF THIS ORDINANCE, UPON CONVICTION THEREOF IN A COURT OF COMPETENT
JURISDICTION, SHALL BE PUNISHED BY A FINE NOT TO EXCEED $100.00, OR BY IMPRIS-
ONMENT NOT TO EXCEED 20 DAYS, OR BOTH IN THE DISCRETION OF THE JUDGE OF THE
COURT.
SECTION 3. ORDINANCES NUMBERED 10 -62 AND 20 -65 ARE HEREBY REPEALED.
SECTION 4. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON
ITS ADOPTION.
ADOPTED THIS 5TH DAY OF
OF THE CITY OF CAPE CANAVERAL, FLORI
A
VE
DECEMBER
1972, BY THE CITY COUNCIL
CITY ATTORNEY
FIRST READING: NOVEMBER 21, 1972
POSTED: NOVEMBER 22 1972
SECOND READING: DECEMBER 5, 1972