Ordinance 13-2020 ORDINANCE 13 -2020
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
AMENDING ARTICLE III, CHAPTER 38 (NOISE) OF THE
LONGWOOD CITY 'CODE OF ORDINANCES IMPLEMENTING
EXTENDED CONSTRUCTION HOURS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood (the "City ") is vested with home rule authority
pursuant to Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166,
Florida Statutes, to enact ordinances;
WHEREAS, the City Commission recognizes the need for redevelopment on properties
located throughout the City;
WHEREAS, the City Commission finds that the current limitation on construction hours
impedes progress within City limits; and
WHEREAS, the City Commission finds it is necessary and in the best interest of the
public's health, safety and welfare to adopt procedures whereby the City can accommodate
developers and contractors within the City of Longwood,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF LONGWOOD, FLORIDA:
SECTION 1. Chapter 38 Section 38 -62 of the Longwood Code of Ordinances is hereby
amended as follows:
Sec. 38 -62. Illustrative enumeration.
The following enumerations shall be prima facie evidence of a violation of this article:
(1) Radios, phonographs, etc. The using, operating or permitting to be played, used or
operated any radio receiving set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in any such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the person who is in the room,
vehicle or chamber in which such machine or device is operated and who is a voluntary
listener thereto. The operation of any such set, instrument, phonograph, machine or
device between the hours of 10:00 p.m. and 7:00 a.m., in such a manner as to be plainly
audible at a distance of 50 feet from the building, structure or vehicle in which it is
located, shall be prima facie evidence of a violation of this section.
(2) Sound trucks. No sound truck or other device or medium for amplifying sound shall be
operated or permitted to operate within the city for advertising purposes or to attract the
attention of the public, where the sound therefrom is transmitted from, to, in or over any
public thoroughfare, park, or other public place. This section shall not prohibit the use
of such sound amplification for disseminating religious or political messages, or
information concerning civic, recreational and other matters of general public interest;
provided permission for same be obtained from the chief of police, who is hereby
authorized, directed and empowered to make and enforce reasonable rules as to such
use with reference to time, place and volume.
(3) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or singing on the public
streets, particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or
place so as to annoy or disturb the quiet, comfort or repose of persons in any office,
dwelling, hotel or other type of residence or of any persons in the vicinity.
(4) Animals and birds. The keeping of any animal or bird which by causing frequent or
long continued noise, particularly between the hours of 10:00 p.m. and 7:00 a.m., shall
disturb the comfort or repose of any person in the vicinity.
(5) Construction or repairing of building. The erection (including excavating), demolition,
alteration or repair of any building other than between the hours of -99 8:00 a.m. and
6.09 5:00 p.m., on weekdays daily (excluding publie hehdays Thanksgiving day,
Christmas day and New Year's dayl- _ wept in ease of urgent nesessity in the intefest
and 7.00 —And- if he she4l fiother- deter-mine theA less or- ineenvenimee weWd not
result to any patly in interest, he may grant peFmission for- work to be dene within
the houfs ef 6.00 p.m. and 7 a.m., upon appheatien being made at the time the
pemi4 for- the work is awafded or- dwing the pr-egr-ess of the wedc
(6) Schools, courts, churches, hospitals. The creation of any excessive 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 unreasonably interferes with the working of such
institution, or which disturbs or unduly annoys patients in the hospital; provided that
conspicuous signs are displayed in such streets indicating that the same is a school,
hospital or court street.
(7) Hawkers, peddlers, etc. The shouting and crying of peddlers, hawkers and vendors
which disturb the peace, quiet and repose of the neighborhood.
(8) Noises to attract attention. The use of any drum or other instrument or device for the
purpose of attracting attention, by creation of noises, to any performance, show or sale,
which results in the disturbance of the peace, quiet and repose of the neighborhood.
(9) Pile drivers, steam shovels, etc. The operation between the hours of 9:00 p.m. and 7:00
a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist, dredge, or other appliance, the use of which is attended by loud or unusual noise.
(10)Blowers, power fans, etc. The operation of any noise - creating blower or power fan or
any internal combustion engine, the. operation of which causes noise due to the
explosion of operating gases or fluids, unless the noise from such blower or fan is
muffled and such engine is equipped with a muffler device sufficient to deaden such
noise.
(Code 1 992 § 1 8)
SECTION 2. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion or application shall be deemed a separate,
distinct, and independent provision of such holding shall not affect the validity of the remaining
portions thereof to the extent practicable.
SECTION 3. Conflicts and Repealer. To the extent this Ordinance, or any provisions
thereof, conflict with any previously enacted Ordinances of the City of Longwood, Florida, this
ordinance shall control only to the extent any such conflict(s) exists.
SECTION 4. Codification. Section 1 of this Ordinance shall be codified as a part of the
Code of Ordinances of the City of Longwood, Florida, such provisions may be renumbered or re-
lettered to accomplish such intention, and the word "Ordinance ", or similar words, may be
changed to "Section," "Article," or other appropriate word. The City Clerk is granted liberal
authority to codify the provisions of this Ordinance as contemplated herein.
SECTION 5. Effective Date. This Ordinance shall take effect upon adoption.
FIRST READING: Ito. Zo la
SECOND READING AND ADOPTION on this 43$day of — raviL4 a. e 2014.
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
` J
Brian D. Sackett, M#11rr
ATTEST:
14 1
Mic ielle Longg A ity Clerk
Approved O rm and legality for the use and reliance of the City of Longwood, Florida only.
Daniel W. Langl , Ci