HomeMy WebLinkAboutOrdinance 730 Hours/Construction
EMEREGENCY
ORDINANCE NO. 730
AN EMERGENCY ORDINANCE OF THE CITY OF WINTER SPRINGS,
FLORIDA, LIMITING THE HOURS OF BUILDING AND SITE OR
SUBDIVISION IMPROVEMENTS CONSTRUCTION ACTIVITIES TO
CERTAIN HOURS FOR THE PUBLIC HEALTH, SAFETY AND
WELFARE OF THE CITIZENS OF THE CITY; PROVIDING FOR A
LIMITED EXCEPTION FOR EMERGENCY REPAIRS OR
CONSTRUCTION; PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs finds that building
construction and subdivision or site improvements installation cause significant noise, increased
traffic, and dust accumulation~ and,
WHEREAS, given the essentially residential nature of the City of winter Springs, such
noise and traffic is found be disruptive to the city and City residents during evening and after
dark hours~ and,
WHEREAS, this Commission has determined and finds that reasonable regulations
limiting construction activities to the hours of7:00 AM. to one half hour before sunset are
appropriate and essential to the City and its residents~ and,
WHEREAS, the City Commission of the City of Winter Springs finds that the current
state of disruption of neighborhoods and the lifestyles of individual residents by construction
activities and noise after sunset and very early in the morning hours, constitutes an emergency,
and that adoption of this Ordinance as an emergency is necessary andjustified~
WHEREAS, in the event of an emergency or to complete a task that requires continuous
work to completion for technical reasons (pouring a concrete foundation, for example), an
exemption may be granted in advance, in writing, by the City of Winter Springs Building
Official.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF WINTER
SPRINGS:
SECTION 1. A new Section 11-6, entitled "Restricted Hours of Building Construction or
Installation or Construction of Site or Subdivision Improvements" of Chapter 11 entitled:
MISCELLANEOUS OFFENSES,)s added to the Code of Ordinances to read as follows:
Sec. 11-6. Restricted hours of building construction or installation or construction of
subdivision improvements.
(a) All building construction activities as regulated or permitted by Chapter 6 entitled
BUILDING AND BUILDING REGULATIONS, and as regulated and required by
Chapter 9 LAND DEVELOPMENT, shall only be delivered to the site, built,
constructed, or installed during the hours of7:00 AM. until one half hour before
sunset, as sunset is established by the National Weather Service or other federal
agency.
(b) An exception to these hours may be secured in writing, in advance from the Building
Official of the City of Winter Springs, upon a showing of an emergency or necessity,
supported by technical or practical need that a task cannot be completed during said
7:00 AM. until one half hour before sunset.
(c) A violation of this section can be enforced as a code enforcement or citation offense
pursuant to Chapter 162, Florida Statutes, or as provided by state law as a
misdemeanor, or as a civil matter by injunctive relief; or, this Section may be
enforced in the alternative using some or all of the aforesaid remedies.
SECTION 2. Conflicts. All Ordinances in conflict for the provisions of this Ordinance are
hereby superceded and this Ordinance shall prevail.
SECTION 3. Severability. If any words, phrase, sentence or portion of this Ordinance is
stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the
-' Ordinance not specifically stricken shall remain in full force and effect.
SECTION 4. Effective Date. This Ordinance shall become effective upon its adoption by the
City Commission of the City of Winter Springs, Florida.
DONE AND ENACTED in regular session of the City Commission of the City of Winter
Springs, Florida this 28th day of Junp , 1999.
ATTEST:
~( >l,.[J~___-
drea Lore~~;-ACilng City Clerk