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HomeMy WebLinkAbout4097 ORDINANCE NO. 2008- 4097 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, IMPOSING TEMPORARY AMNESTY PROVISIONS ON NOISE REQUIREMENTS, REGULATIONS, AND PROHIBITIONS WITHIN THE CITY; PROVIDING FOR A TITLE; PROVIDING FOR FINDINGS AND LEGISLATIVE INTENT; ESTABLISHING AN AMNESTY PERIOD; DESIGNATING AFFECTED LEGISLATIVE PRONOUNCEMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR LIMITATION, PERMITTING, AND RESTRICTIONS; PROVIDING FOR NOTIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION LIMITATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, legislation was enacted by the City of Sanford on or about July 28, 1997 by Ordinance No. 3350; and WHEREAS, Ordinance No. 3350 created Article VII of Chapter 18 of the City Code of the City of Sanford, entitled "Noise Requirements, Regulations, and Measurements"; and WHEREAS, the Mayor and Commissioners in response to their investigative endeavors and communications with affected citizens and business establishments, desire temporary amnesty legislation; and WHEREAS, the citizenry affected by the enforcement of Ordinance No. 3350 seek legislation imposing an amnesty period within which to understand, communicate, possibly amend, modify, and/or supplement the legislative demands of Ordinance No. 3350; and WHEREAS, the City has determined that a temporary implementation and amnesty delay of ninety days will serve the best interests and welfare of affected citizenry considering analysis and status declarations from management, staff, and the public shared at an open public forum of February 28, 2008; and WHEREAS, increased educational endeavors, open communications, and planning will effectuate the legislative needs, demands, and intentions of Ordinance No. 3350; and WHEREAS, the City Commission has considered said public outcry germane to Ordinance No. 3350 as foundation for the findings reposed herein; and WHEREAS, the City intends to grant temporary relief to affected property owners and business operators in order to advance strategies designed to bring establishments in compliance and aggressively control unnecessary and disturbing noise within the territorial limits of the City. NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: SECTION 1. Title. This legislative enactment will be known as ''The Temporary Noise Prohibition Amnesty Ordinance of the City of Sanford, Florida." SECTION 2. Limited Amnesty Period for Unnecessary or Disturbing Noise Prohibition. The City grants a ninety day period within which enforcement actions directed to noise prohibition in place on the effective date of this Ordinance shall be temporarily abated as specifically legislated herein. The amnesty period shall commence on the effective date of this Ordinance and expire ninety calendar days thereafter. SECTION 3. Legislative Pronouncements Temporarily Abated During Amnesty Period. For purposes of "The Temporary Noise Prohibition Amnesty Ordinance No. 2008-4097 Page 2 of 5 Ordinance", the following legislative pronouncements of the City of Sanford shall abate for the period specified, to wit: Ordinance No. 3350 dated July 28, 1997 and specifically Section 2, Article VII of Chapter 18, Section C, "Additional Prohibited Acts" and subjection (2)(a), "Radios, phonographs, televisions, etc." and also (as codified) Article III, "Noise", Section 38-63, "Unnecessary or Disturbing Noise Prohibited; Specific Prohibitions", subsection (b)(1), "Radios, phonographs, televisions, etc." of the City Code of the City of Sanford, Florida. SECTION 4. Binding Effect. "The Temporary Noise Prohibition Amnesty Ordinance of the City of Sanford, Florida" shall govern enforcement endeavors of the City of Sanford, Florida as to the following: a. all property owners affected thereby within the special commercial zoning district (SC-3); and b. all businesses within the special commercial zoning district (SC-3) operating within the City affected thereby. SECTION 5. Amnesty Limitation. Nothing in The Temporary Noise Prohibition Amnesty Ordinance shall limit, abate, abort, halt, or delay the enforcement by the City of Sanford Municipal Code of Ordinances, Article III, "Noise", except as specifically limited herein. SECTION 6. Permitting During Amnesty Period. Nothing in The Temporary Noise Prohibition Amnesty Ordinance shall deter, eliminate, delay, abate, or abort required permitting requirements currently legislated for all pending or new business establishment requests from land owners and/or businesses within the City. SECTOIN 7. Limitations and Restrictions. Except as specifically legislated herein for relief within the amnesty period, all regulations in force in the City Code, Ordinance No. 2008-4097 Page 3 of 5 ordinances, regulations, and the specific legislative requirements of the City of Sanford, Florida shall remain in full force and effect as the Rule of Law within the City except as specifically amended by this Temporary Noise Prohibition Amnesty Legislation. SECTION 8. Notification Requirements. The Acting City Manager of the City of Sanford, Florida as designee of the City Commission will notify by regular U.S. mail, the following persons within the City of the enactment of The Temporary Noise Prohibition Amnesty Ordinance, to wit: a. all affected property owners in the special commercial zoning district (SC-3) within the downtown business area of the City; b. all affected business owners in the special commercial zoning district (SC-3) within the downtown business area of the City; c. all commercial establishments in the special commercial zoning district (SC-3) within the downtown business area of the City that receive regular monthly utility bills from the City after the effective date of The Temporary Noise Prohibition Amnesty Ordinance. SECTION 9. Conflicts. All ordinances or parts of ordinances in conflict with this Ordinance are hereby subject to the limitations of The Temporary Noise Prohibition Amnesty Ordinance of the City of Sanford, Florida. SECTION 10. Severability. If any section or portion of a section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to impair the validity, force, or effect of any other section or part of a section of this Ordinance. SECTION 11. Codification. The Temporary Noise Prohibition Amnesty Ordinance of the City of Sanford, Florida shall NOT be codified. SECTION 12. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Ordinance No. 2008-4097 Page 4 of 5 PASSED and ADOPTED this 24th day of March, 2008. ATTEST: CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA LJJ1dft '/~(~ ~anetR. Dougherty, ityCle ~~~. Linda Kuhn, Mayor CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 2008-4097, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 24th day of March, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 26th day of March, 2008. Ordinance No. 2008-4097 Page 5 of 5