Ordinance 11-06 – Approved

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[ Code of Ordinances ]
Ordinance 11-06 – Approved

ORDINANCE NO. 11-06

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO SOUND AMPLIFYING EQUIPMENT – AMENDING SECTIONS 10-13.2 AND 10-13.4 ALLOWING FOR THE USE OF EQUIPMENT IN TOWN PARKS UNDER CERTAIN CIRCUMSTANCES; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town of Indialantic desires to provide a peaceful environment for residents and visitors to enjoy; and

WHEREAS, the Town restricts the use of amplification equipment to ensure a more peaceful and quiet environment; and

WHEREAS, the Town desires to periodically promote special activities for the enjoyment and benefit of Town residents and visitors; and

WHEREAS, there exist occasions when the use of sound amplification equipment can be beneficial to these special activities;

NOW, THEREFORE, be it ordained by the Town Council of the Town of Indialantic, Brevard County, Florida that:

SECTION 1. That Sec. 10-13.2 is hereby amended to read:

Sec. 10 13.2. Sound amplifying equipment–Permit for use.

No person shall use or cause to be used any sound amplifying equipment, either mounted on a sound truck or otherwise, for the purpose of producing or reproducing sound which is cast upon the public streets for any purpose, without first obtaining a permit application from the police chief. The permit must be approved and signed by the police chief and the town manager and can be revoked at any time that the permit is used so as to create a public nuisance. The town manager may permit the use of sound amplifying equipment in town parks.

SECTION 2. That Sec. 10-13.4 is hereby amended to read:

Sec. 10-13.4. Same–Restriction on hours, days of operation.

The use of sound amplifying equipment for the purpose of reproducing or producing sound which is cast upon the public streets of the town shall be restricted to between the hours of 11:00 a.m. and 5:00 p.m. every day except Sunday. The use of such equipment is prohibited on Sunday. The town manager may extend the hours for the use of sound amplifying equipment for special events as so declared by the town council. Permits issued by the town manager for town parks shall be restricted to between the hours of 7:00 a.m. and 9:00 p.m. every day.

SECTION 3. Severability/Interpretation Clause.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through and deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 5. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of March, 2011, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of April, 2011.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk