3852-84I
ORDINANCE NO. 3852-84
AN ORDINANCE OF THE CITY OF CLEARWA'TER, FLORIDA,
AMENDING CHAP'T'ER 96, NOISE, OF TI'T'LE VIII, PUBLIC
HEALTH AND SAFETY, OF THE CODE OF ORDINANCES,
CITY OF CLEARWATER, TO PROVIDE THAT THE RES'T'RICTION
APPLIES TO '.PHI; AC'T'UAL SOURCE OF THE NOISE; AND
TO PROVIDE THAT YELLING, SHOUTING, HOOTING, WHIS'T'LING
Oil SINGING BE'T'WEEN LIS'T'ED HOURS AUDIBLE AT FIFTY
FEET CONSTITUTES PRIMA FACIE EVIDENCE OF A
VIOLATION; PROVIDING FOR TITHE SEPARABILITY OF THE
PROVISIONS HEREOF; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH TO THE EXTEN'T' OF.-SUCH CONFLICT; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENAC'T'MENT; AND
PROVIDING FOR THE EFFEC'T'IVE DA'Z'E OF THIS ORDINANCE.
WHEREAS, it is necessary to update the section set out below
and clarify the areas encompassed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY O CLEARWA'T'ER, FLORIDA:
Section 1. That subparagraph (5) oL Section 96.02, Enumeration,
of Chapter 96, Noise, of Title VIII, Public Health and Safety, of
the Code of Ordinances, City of Clearwater, be and the same is
I
hereby amended to read as follows:
Sec. 96.02. Enumeration.
The following acts, among others, are declared
to be loud, disturbing and unnecessary nuisances
in violation of this chapter, but such enumeration
shall not be deemed to be exclusive, namely:
.(5) 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 re-
producing of sound in 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 the 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 11:00 p.m. and 7:00 a.m. in such
a manner as to be plainly audible at a distance of
fifty (50) feet from the building, structure or
vehicle in which it is located or where the source of
such sound occurs on a public street sidewalk or
public parking lot_and_ is not in a building, structure
or vehicle, fifty (_50) feet from the source shall be
prima facie evidence of a violation of this section.
Section 2, That subparagraph (7) of Section 96.02, Enumeration,
of Chapter 96, Noise, of Title VIII, Public Health and Safety', of
the Code of Ordinances, City of Clearwater, be and the same is
hereby,amended to read as follows: FOR AFFIDAVIT SEE:
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Ord. 3852.84 1/24/85
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Sec. 96.02. Enumeration.
The following acts, among others, are declared
to be loud, disturbing and unnecessary nuisances
in violation of this chapter, but such enumeration
shall not be deemed to be exclusive, namely:
(7) Yelling, shouting, etc. Yelling, shouting,
heotintjv whistling or singing on the public
stractsr-Varbleslarly-between-the-hoHre-e1 -
#tBB-p:tN:-aRd-7tBB-ft:FRrY-e 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. Yellin shouting, whistling or
sin in between the hours of 11:00 .m. and
7:00 a.m. in such a manner as to be audible at a
distance of fifty (50) feet shall be prima facie
evidence of a violation of this section. Events
for which a permit has been issued b the City
Manager or his designee shall be exempt from the
time requirement set forth herein.
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Section 3. Should any part or provision of this ordinances •
be declared by, a court of competent Jurisdiction to be invalid,
the same shall not affect the validity of the ordinance as•a whole,
or any part thereof other than the Dart declared to be invalid.
Section 4. All ordinances or parts of ordinances in conflict
herewith are.to the extent of such conflict hereby repealed.
Section 5. Notice of the proposed enactment of this ordinance
has been properly advertised in a newspaper of general circulation
in accordance with Section 166.041, Florida Statutes.
Section 6. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
Attest:
City- Clerk__
r r
Ord. 3862-84
January 10, 1985
January 24, 1985
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1/24/85
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