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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
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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,
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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.
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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.
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