to be levied for each
(period)
that the condition remains in violation.
Collection of this fine and all associated collection costs will be
imposed as a lien upon the owner’s and/or residents’s property.DRAFT
CHAPTER 26 ENVIRONMENT
ARTICLE I. - IN GENERAL
Sec. 26-23.
- Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Abandoned Vehicle:
Any motorized vehicle, camper, boat, or trailer designed to be pulled by a
vehicle which cannot be moved under its own power or is not seaworthy or
roadworthy
Authorized private receptacle:
a litter storage and collection receptacle or a garbage container as defined in
section 38-28.
Code Enforcement Official: The Town of Shalimar Code Enforcement Official shall
be the Town Clerk or other official as designated by the Town Commission.
The Shalimar Police Department retains the authority to issue cease and desist
orders for violation of this chapter that are deemed by the on-scene officer to
be requiring immediate action because of concern for safety or to prevent
disorderly conduct.
Developed:
any lot, tract, or parcel which currently has a structure(s) or dock upon said
property or an approved parking lot which meets the requirements of this code.
Garbage:
putrescible animal and vegetable wastes resulting from food.
Graffiti:
any unauthorized inscription, word, figure or design that is marked, etched,
scratched, drawn or painted on any structural component of any building,
structure or other facility, regardless of the nature of the material of that
structural component.
Handbill:
any printed or written matter or any sample, circular, leaflet, pamphlet or
matter.
Hazardous Material:
material designated for special handling and disposal procedures by the Florida
Department of Environmental Protection.
Hazardous tree:
any tree determined by the Code Enforcement Official to be diseased, dying, or
in danger of falling.
Litter:
garbage, refuse or rubbish, or any other waste material which, if thrown or
deposited as prohibited in this chapter, would be detrimental to public health,
welfare, or safety.
Pristine:
a lot, tract or parcel or a portion of a lot, tract or parcel, which consists
primarily of native plant species that has not been cleared or otherwise
manicured.
Private premises:
any building or other structure, whether inhabited or uninhabited, and grounds
or driveway, belonging to such premises.
Property Owner:
the owner of any lot, tract, or parcel as listed in the current Okaloosa County
tax records.
Public Nuisance:
violations of this chapter for which the Town Commission has passed a resolution
directing the Town Clerk or designated administrative personnel to proceed with
actions defined
wherein in, specifically
in Chapter 26-26.
Public right-of-way:
The paved and unpaved area of a highway, roadway, street, or alley, or other
such strip of land, reserved for public use, whether established by
prescription, easement, dedication, gift, purchase, eminent domain, or any other
legal means.
Public place:
Any public way and any public park, grounds or building.
Refuse:
All putrescible and nonputrescible solid wastes, including garbage, rubbish,
ashes, street clearings, dead animals, abandoned automobiles, and solid market
and industrial wastes.
Trash/debris/litter:
Items which are not usable in their present condition as intended by the
manufacturer by reason of being broken, discarded, not maintained or abandoned.
Items include, but are not limited to: mechanical equipment, automobiles,
boats, trailers, trucks, or any parts thereof, household furnishings, toys,
garbage, bottles, paper, cans, rags, dead or decayed animal matter, fruit,
vegetables, offal, bricks, concrete, scrap lumber or other building debris,
lawn equipment, tools, appliances, gardening supplies or any other refuse
of any nature.
Undeveloped:
Any lot, tract, or parcel which does not currently have any structure or a
parking lot placed upon said property which is not a city parking lot, an
approved public parking lot or an approved parking lot required to serve a
specific building/use. Properties
having remnants of past development (e.g. improved parking areas, driveways, and
floor slab) but which have been substantially cleared shall be considered to be
undeveloped property.
Unwholesome:
Offensive to the senses, unsound in quality or condition, diseased or decayed.
Vehicle:
Every device in, upon or by which any person or property is or may be
transported or drawn, although it may not be in a presently operating condition.
Weeds:
Plants that by reason of abandonment, lack of care or lack of maintenance choke
out growth or other plant material in the area.
Dead, dying or unattended plant life, named or unnamed, which abandoned
or overgrown to a height in excess of ten inches in height shall, for the
purpose of this code, be defined as a weed unless it is pristine.
(Code 1976, § 10-A2)
Cross reference—
Definitions generally, § 1-2
Sec. 26-24 – Right of Entry by Town:
The Code Enforcement Officer or designee
shall have the right to enter upon real property, and shall be immune from
prosecution, civil or criminal, for trespassing upon such real property, in the
discharge of the duties in removing, terminating, or abating a public nuisance
as described in this Code.
Sec. 26-25 – Report of Nuisance Violations:
The Code Enforcement Official shall be the
initial point of contact for all reported violations of this chapter.
If the Code Official Official deems any
report to be in violation of this chapter, within 5 days, it will be the
Code Enforcement Official’s duty to notify, by
certified mail, each property owner and/or resident in violation. The notice
will demand the violation be remedied within 15 days of such notice.
The Town Commission may also direct the Code
Enforcement Official to provide such notification.
Sec. 26-26.
- Failure to remedy after notice
(a) After notice by the
Town Clerk, should any owner and/or resident of premises fail to remedy the
conditions existing in violation of the requirements hereof, the Town Clerk
shall certify the same to the Town Commission, together with his estimate of the
probable costs of doing the work necessary to remedy such condition.
(b) The Town Commission
shall then continue the procedure for the enforcement of the requirements of
this chapter by passage of a resolution finding and determining that violations
of this chapter as certified by the Town Clerk shall be deemed a public
nuisance.
the Town is in such condition as to be in violation of the requirements of this
chapter. Such resolution may include any number of separate lots, parcels or
tracts of land.
Such Public Nuisance Resolution shall set forth the conditions found to be in
violation of this chapter and the owner and/or resident and legal description of
any lots, parcels, or tracts of land associated with the violation. The Public
Nuisance Resolution will also direct the Town clerk to notify the violator or
his agent to comply with the requirements of this chapter within 15 days after
the serving of such notice or other time period as stated in the Public Nuisance
Resolution. The Public Nuisance
Resolution shall direct one or both of the following remedial actions be
included in the notice:
(1) have the condition remedied either by contract or direct labor. The cost of
such work will be imposed as a lien upon this property. Our estimate of the
probable cost is $____________.
(2) issue a citation with a fine of $
to be levied for each
(period)
that the condition remains in violation.
Collection of this fine and all associated collection costs will be
imposed as a lien upon the owner’s and/or residents’s property.
Such notice shall be by personal service or by certified mail, addressed to the
owner and/or resident of the property described by the tax assessor, and shall
be deemed complete and sufficient when so addressed and deposited in the United
States mail with proper postage prepaid. The notice of public nuisance shall be
in substantially the following form:
DATE:
NAME OF OWNER AND/OR RESIDENT
Description of Conditions in Violation
Our records indicate you to be in violation of Article 2 Chapter 26 of the
Shalimar Code of Ordinances and the Town Commission has passed a resolution
declaring the above condition a public nuisance.
Chapter 26 of the Code of Ordinances provides that it is unlawful for you to
permit this condition to continue, and you are hereby notified that unless this
condition is remedied within 15 days from the date of this notice, the Town of
Shalimar, Florida, will proceed to: (action directed by the Public Nuisance
Resolution as described in (1) and or (2) above.)
Very truly yours,
Town Clerk
(Code 1976, § 10-B3)
(c)
Failure to remedy after notice of public nuisance.
Upon failure of the owner and/or resident to remedy the condition described in
the notice of public nuisance, the Town Clerk shall proceed with the remedial
actions as directed in the Resolution. declaring a public nuisance. file a
citation with fine with the Okaloosa Clerk of Courts directed by the Town
Commission in Sec.26-26 within 15 days after giving notice as provided in
section 26-26, the Town Clerk shall have such condition remedied, either by
contract or direct labor, or by a combination of both methods; provided,
however, that the cost thereof chargeable to the owner shall not exceed the
amount of the cost estimated for such work in the initial resolution.
(Code 1976, § 10-B4)
(d).
- Sanitary lien book; entries by Town Clerk.
Upon passage of the Public Nuisance Resolution the Town Clerk shall in a
“Sanitary Lien Book”, kept open for public inspection, the name of the owner
and/or resident
in violation and the tax assessor’s legal description of lots,
tracts or parcels of land involved. to be in such condition as to be in
violation of the requirements of this chapter, the Town Clerk shall enter in a
book which shall be prepared and kept for that purpose, which book shall be kept
open for public inspection in his office and shall be designated as the
"sanitary lien book," the legal descriptions of the lots, tracts or parcels of
land involved, the name of the owner thereof as shown on the records of the tax
assessor, The number and date of the Public Nuisance Resolution, and the
estimated cost of remedying the conditions or fines levied shall also be entered
in the Sanitary Lien Book. Thereafter, as the procedure required by this chapter
is accomplished or takes place, there shall be entered into such book the date
of completion of the work, the payment or other disposition of the lien for such
work, the payment of fines levied and such other information as may be required
or convenient indicating that the owner
and/or resident
of such premises has complied with the terms of this chapter as
directed.
(Code 1976, § 10-B5)
(e)
Publication of notice of lien against property involved.
If the condition described in the Public Nuisance Resolution is remedied at the
expense of the Town As soon as practicable after completion of the work, if
such work is done by the Town, the Town Clerk shall execute and file a
statement of costs and completion of the work, which shall certify the
completion of the work by the Town, the date of completion and the cost thereof.
The Town clerk shall publish such statement in a newspaper of general
circulation in the county. Such
notice shall give the description of the property, the amount of the cost of the
work, the date of completion of the work and the fact that the cost thereof is a
lien against the property. Uncollected fines levied by citation will be
processed through civil action as directed by the Town Commission.
Results of civil action will be similarly published as a lien against the
property.
(Code 1976, § 10-B6)
(f)
Dignity of lien; petition of interested parties of excessive costs;
consideration by Town Commission.
The cost of remedying the condition thereof found to be in violation of this
chapter or the results of Civil action to collect fines shall be and become a
lien against such lands and properties to the same extent and character as the
lien for special assessments. Any person owning all or any interest in such
property shall have the right at any time within 15 days after publication of
the notice of completion of the work to present to the Town clerk a sworn
petition stating his interest in the property and alleging that in the opinion
of the petitioner the cost of the work as entered in the sanitary lien book
exceeds the actual cost thereof, or levied fine, is otherwise erroneous. Such
petition shall thereupon be presented to the Town Commission for its
consideration at the next regular meeting. At this time the Town Commission
shall make due inquiry into the questions involved, and, if it shall offer to
the satisfaction of the Town Commission that the cost so entered or fine is
erroneous, then the Town Commission shall by resolution so declare and shall
have the entry thereof in the sanitary lien book corrected and shall fix and
confirm the amount to be charged against such lot, parcel or tract of land as it
shall find just and proper. The amount so fixed shall stand as the amount of the
lien, effective as to the date of completion of the work, or the Town Commission
may confirm the lien in the amount as originally entered in the sanitary lien
book.
(Code 1976, § 10-B7)
(g)
Due date of payment of lien; delinquency; interest.
The lien for the cost of remedying the condition or fines levied by citation
shall become due and payable 15 days after publication of the notice of
completion of such work or filing of citation with the Okaloosa County Clerk of
Court. In cases where a petition is filed within such 15-day period, and
consideration of such petition by the Town Commission has changed and corrected
the amount of lien as entered in the sanitary lien book, the lien shall become
due and payable 15 days after such Town Commission action. After the respective
due dates above fixed, all unpaid liens shall become delinquent and shall
thereafter bear interest at the rate of 2 percent per month for each month
payment is delinquent. Such lien shall remain superior in dignity to all other
liens except liens for taxes until paid. Upon the failure of any owner and/or
resident to pay such lien prior to the time it becomes due and payable, the Town
Commission shall by resolution cause to be brought the necessary legal
proceedings to enforce payment thereof, with all accrued interest, together with
all legal costs incurred, including a reasonable attorney's fee to be assessed
as a part of the costs. Such proceedings shall be prosecuted to a sale and
conveyance of the property involved in such proceedings.
(Code 1976, § 10-B8)
(h)
Notice of hearing complaints by town Commission.
Notice of hearing complaints of action of the Town Commission in the enforcement
of the remedies provided in this chapter and actions thereon shall be
substantially in accordance with the provisions of the laws of the state with
respect to assessments for local improvements.
(Code 1976, § 10-B9)
ARTICLE II. - NUISANCES [28]
(28)
State Law reference—
Florida litter law, F.S. § 403.413.
Sec.
26-27. - Declaration of nuisances
Sec.
26-28. - Litter
Sec. 26-29. - Landscape maintenance
Sec. 26-30. - Structure maintenance
Sec. 26-36. - Use of right-of-ways and sidewalks
Sec. 26-37. - Animals
Secs. 26-38 - 26-55. - Reserved.
Sec. 26-27. DECLARATION OF NUISANCES
(a)
Nuisance shall mean an unlawful act, or omission of the performance of a duty,
or the suffering or permitting any condition or thing to be or to exist, which
act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health or safety of others; or
(2) Offends decency; or
(3) Is offensive to the senses; or
(4) Unlawfully interferes with, obstructs or tends to obstruct or renders
dangerous for passage any public or private street, highway, sidewalk, stream,
ditch or drainage; or
(5) In any way renders other persons insecure in life or the use of property; or
(6) Essentially interferes with the comfortable enjoyment of life and property,
or tends to
depreciate the value of the property of others; or
(7) Is declared by ordinance to be a nuisance.
(b)
A public nuisance includes, but is not limited to, violations of Sections 26-27
through 26-37 of this chapter.
Sec. 26-28 –
LITTER
(a)
No person shall throw or deposit litter in or upon any street, public place, or
private premises except in authorized receptacles.
(Code 1976, § 10-A3)
(b)
Persons placing litter in public or private receptacles shall do so in such a
manner as to prevent it from being carried or deposited by the elements upon any
private premises or public place.
(Code 1976, § 10-A4)
Cross reference—
Collection containers for garbage and trash, § 38-28
(c)
No person shall sweep into or deposit in any gutter, street, private or public
premises, the accumulation of litter from any building or lot or from any public
or private sidewalk or driveway.
(Code 1976, § 10-A5)
Cross reference—
Sidewalks, § 42-51 et seq.
(d)
No person shall drive or move any vehicle containing garbage, trash or refuse
unless such vehicle is so constructed or loaded as to prevent any load, contents
or litter from being blown or deposited upon any public or private place. No
person shall throw or deposit litter upon any street or public or private
premises.
(Code 1976, § 10-A6)
(e)
No person shall throw or distribute any commercial or noncommercial handbill in
or upon any sidewalk, public place or private premises, or where there is a
conspicuous sign bearing the words: "No trespassing," "no peddlers or agents,"
"no advertisements" or any similar notice; however, it shall not be unlawful if
the recipient is willing to receive the same.
(Code 1976, § 10-A7)
Cross reference—
Streets, sidewalks and certain other public places, Ch. 42
(f)
Posting notices; abatement procedures.
(1) No person shall post or
cause to be posted any notice or device to any public utility pole, tree, public
structure, or building, which notice or device is calculated to attract the
attention of the public.
(2) The owner of any such
business so advertised whose notice or poster is affixed or posted as mentioned
in subsection (1) of this section shall be deemed to be the person who had the
same posted. The Town Clerk shall cause a notice to be served in person or by
certified mail to such person to remove such notice. Failure to comply with such
notice of removal within the time specified shall be a violation of this
article.
(Code 1976, § 10-A8)
Cross reference—
Streets, sidewalks and certain other public places, Ch. 42; landscape
regulations, § 82-286 et seq.; sign regulations, § 82-316 et seq.
(g)
No person shall throw or deposit litter on any occupied private property,
whether owned by such person or not. The owner or person in control of private
property shall maintain receptacles on such property where litter accumulates in
such a manner that litter will be prevented from being carried or scattered by
the elements or by animals. The owner or person in control of private property
shall at all times maintain the premises free of litter.
(Code 1976, § 10-A9)
(h)
No person shall throw or deposit litter on any open or vacant property whether
owned by such person or not.
(Code 1976, § 10-A10)
(i)
No person shall throw or place any refuse, paper, trash, glass, nails, tacks,
wire, bottles, cans, grass clippings, brush, yard trash, concrete, earthen fill,
garbage, containers, or litter or other debris in any ditch, drainage easement
or retention basin that regularly or periodically carries surface water runoff.
Cross reference —
Floods Chapter 74
(j) The owners and operators
of commercial establishments shall store their litter in a controlled manner so
as to eliminate wind-driven debris and litter in and about their establishments,
to include but not be limited to the following requirements:
(1) The number and size of containers necessary for each commercial
establishment shall be as required to control all waste generated on the
premises.
(2) Spillage and overflow around containers shall immediately be cleaned up by
the generator thereof as it occurs.
(3) All loading and unloading areas at commercial establishments shall be
provided, by the generator, with litter receptacles to store loose debris,
paper, cardboard, packaging materials and similar materials.
(4) Every person owning or operating a public establishment or public place
shall have receptacles available that are adequate to contain litter generated
from such establishment.
(5) Every person in possession, in
charge of or in control of any place, public or private, where litter is
accumulated or generated, shall have available, and at all times shall keep such
litter in, adequate and suitable receptacles and/or containers capable of
holding such materials until proper final disposal is accomplished.
(6) No person shall keep any
unauthorized accumulation of litter on any property, vacant or occupied, any
premises, a public street, alley or other public place or a private place.
(k) Construction Debris Control, Removal: All construction and demolition
contractors, owners, and agents shall provide onsite control measures for the
storage of loose debris, paper, tarpaper, packaging, and crating materials and
other litter to prevent wind-driven scattering of such materials if the
materials are otherwise not properly disposed of on a daily basis. All litter,
tarpaper, packaging, and crating materials and similar materials shall be
removed within 30 days after the completion of the construction or demolition.
(m) Responsibility for
Surrounding Areas: Each operator,
owner, lessee or agent of any business,
industry or institution, private or public, profit or nonprofit, shall
keep the adjacent and surrounding areas clean of wind-driven litter generated
from such business, industry or institution. These areas include public
property, roads, rights-of-way, grounds, parking lots, loading and unloading
areas and vacant lots owned or leased by such business, industry, or
institution.
(n) Unauthorized Disposal: No private property owner, tenant, occupant, lessee,
or agent shall grant permission to any person to dispose of litter on the
property in any manner other than in permitted disposal sites.
(Ord. No. 97-05, § 1, 3-11-97)
Sec. 26-29 LANDSCAPE MAINTENANCE
(a)
Commercial establishments
All Commercial Establishments will maintain landscaping plans as designed and
approved in landscaping plans for final development orders.
(b)
Buildings and Lots
It is unlawful for any person who owns or is in possession of, in charge of or
in control of any developed lot or parcel of land in the Town to allow weeds and
grasses to grow upon such property to a height exceeding 10 inches, or to permit
rubbish, trash, debris, dead trees or other unsightly or unsanitary matter to
remain thereon that create harborage for rodents or vermin or to permit weeds,
grass, vines, or any such conditions to grow on any fence so as to encroach on
any public sidewalk or fire hydrant. The branches and limbs of all trees which
extend outside of the private property lines, must be trimmed so as to have a
clearance of at least eight (8) feet over and above abutting sidewalks, and all
limbs and branches trimmed so that if any branches or limbs extend over any
street or roadway there shall be a clearance of at least fourteen (14) feet over
such roadway.
(c)
It is the responsibility of each person or entity who owns or is in possession
or in control of any parcel of land in the town to maintain that portion of the
public right-of-way between said parcel and the paved roadway surface within
said right-of-way in accordance with this section.
(d)
The following exceptions apply to the foregoing:
(1)
Any section of public right-of-way in front of or adjacent to a lot or parcel
which has not been cleared or altered from its natural state.
(2)
The portion of the public right-of-way at the rear of a residence developed on a
parcel or lot which faces or fronts on another public right-of-way which has a
paved roadway.
(e)
Standing Water: Any lot, tract or parcel, including swimming pools thereon,
which shall be unwholesome or unsanitary, have stagnant water standing thereon,
or be in such other condition as to be susceptible to producing disease shall be
drained, filled, or treated by the owner in a manner approved by the Town.
Sec. 26-30 STRUCTURE MAINTENANCE
(a)
Repair – Reference Section 82-93 Repair and Maintenance
It is unlawful for any person to suffer or permit a dangerous building to exist
on any land over which he has care, custody, or control.
Dangerous buildings are hereby declared to be a nuisance.
(b) All buildings or structures that have any or all of the following defects
shall be deemed dangerous buildings:
(1) Buildings or structures that have interior walls or other vertical
structural members that list, lean, or buckle to such an extent that a plumb
line passing through the center of gravity falls outside of the middle half of
its base.
(2) Buildings or structures that,
exclusive of the foundation, show 33 percent or more of damage or deterioration
of the supporting members, or 50 percent of damage or deterioration of the
non-supporting enclosing or outside walls or covering.
(3) Buildings or structures that
have improperly distributed loads upon the floors or roofs, or in which the
floors or roofs are overloaded, or which have insufficient strength to be
reasonably safe for the purpose used.
(4) Buildings or structures that
have been damaged by fire, wind or other causes so as to have become dangerous
to life, safety, morals or the general health and welfare of the
occupants or the people of the town.
(5) Buildings, structures, or fences
that have become or are so dilapidated, or so decayed, unsafe or unsanitary, or
which so utterly fail to provide the amenities essential to decent living, that
they are unfit for human habitation or are likely to cause sickness or disease,
so as to work injury to the health, morals, safety, or general welfare of those
living therein.
(6) Buildings or structures having
light, air and sanitation facilities which are inadequate to protect the health,
morals, safety or general welfare of human beings who live or may live
therein
(7) Buildings or structures having
inadequate facilities for egress in case of fire or panic or those having
insufficient stairways, elevators, fire escapes or other means of communication.
(8) Buildings or structures having
parts thereof which are so attached that they may fall and injure members of the
public or property.
(9) Buildings or structures that,
because of their condition, are unsafe, unsanitary, or dangerous to the health,
morals, safety, or general welfare of the people of this town.
(10) Buildings or structures existing in violation of any provision of this
chapter.
(c) Material Storage
(1) No person who owns or is in possession of, in charge of or in control of any
property shall store, deposit, scatter, or keep on the premises any of the
following:
(i) Refuse, trash, debris, or litter.
(ii) Lumber, scrap metal, construction materials, machinery components,
equipment, appliances, furniture and any similar object, which object is not
clearly intended for outdoor use on the premises, such as lawn furniture,
bicycles, or which object is not solely intended for use within 15 days in
construction or renovation on the premises.
(2)
This section shall not apply to any unused object in an enclosed building or
so located upon the premises as not to be readily visible from any public place
or street.
Cross reference—Section 70-69
Conserve established residential neighborhoods
Sec. 26-31 NOISE
(a)
No
person shall maliciously or willfully disturb the quiet of any street or
neighborhood, or of any family of persons, by making loud or unusual noises; by
blowing horns or other instruments; by the beating of drums, or other things of
like nature; by loud and boisterous laughing, singing or screaming; or by using
any other device or means whatever to disturb the peace.
(b)
Prohibited Noises Defined: The following acts and omissions are hereby
prohibited:
(1)
Horns and other signaling devices.
The sounding of any horn or other signaling device on any motor vehicle on any
street or public place of the Town, except as specifically permitted or required
by law, or as a danger warning, and the sounding of any such device for any
unnecessary period of time.
(2)
Exhausts. The discharge into the open air of the exhaust of any steam engine,
stationary or portable internal combustion engine, or motor vehicle, except
through a muffler in good repair or other device that effectively prevents loud
or disturbing noises, provided that where such steam engine, stationary
or portable internal combustion engine or motor vehicle is enclosed within a
building used for industrial or commercial purposes, a reasonable level of such
noise will be permitted.
(3)
Loudspeakers, amplifiers, or noise devices for advertising. The use of any radio
or television set, musical instrument, phonograph, loudspeaker, sound amplifier,
bell, drum, horn or other machine or device for the production or reproduction
of sound directed upon public streets for the purpose of commercial advertising
or attracting the attention of the public to any building, structure, or tent.
Temporary exceptions for civic events, for civic or religious organizations or
for the playing of music during special events only may be authorized by the
Town Clerk for such periods of time and under such conditions as may be
consistent with the public interest.
(4)
Radios, television sets, phonographs, etc. The playing of any radio or
television receiving set, musical instrument, phonograph or other machine or
device for producing or reproducing sound in such a manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants.
(5)
Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the
public streets, or at any other place, so as to annoy or disturb the quiet,
comfort or repose of persons in any office, or in any dwelling, hotel or other
type of residence, or of any person in the vicinity.
(6)
Tools. The use in a residential zone or in the vicinity of a hotel or motel of
hand or power tools, other equipment, or machinery, resulting in loud and
disturbing noises, between the hours of 10:00 p.m. and 7:00 a.m.
(7)
Hawkers, peddlers, and vendors. The shouting and crying of peddlers, hawkers or
vendors on any public street or place or on private property so closely adjacent
thereto that crowds may be collected and traffic obstructed thereon,
(8)
Sirens. The sounding of sirens on escort services, except where specifically
required or permitted by law and not for the purpose of calling attention to a
vehicle or caravan, and the sounding of a siren on an ambulance, except when
operated in response to an emergency call and when reasonably necessary to warn
pedestrians and other drivers of the approach thereof.
(9)
Exceptions to Prohibited Noises
a.
None of the preceding provisions shall apply to emergency situations where life,
health or property is at stake or to intermittent situations arising out of
industrial research and development work carried on in areas zoned for
industrial purposes, nor to those normal situations of community life where
noise is inherent and has long been accepted by the community, such as
activities during school recess and at public parks and athletic contests, and
otherwise as permitted pursuant to the procedure set forth .
b.
Special events: All special events between 10:00 pm and 7:00 am must have
approval from the Town Manager
Cross reference—
Chapter 10 Animals
Sec.
26-32 POLLUTION
(a)
Water - The pollution of any public well, cistern, stream, lake, canal, or body
of water by sewage, dead animals, industrial wastes, hazardous, or other
obnoxious substances is prohibited.
(b)
Storm water – Reference stormwater regulations in Chapter 62 Coastal Management
and Construction and Chapter 74 Floods.
(c)
Air – It is prohibited to allow disagreeable or obnoxious odors and stenches, as
well as the conditions, substances or other causes which give rise to the
emission or generation of such odors and stenches.
(d)
Soil – No hazardous material shall be allowed to contaminate any soils as
defined by written Florida Statutes.
Sec. 26-33 VEHICLES
(a)
Abandoned or unregistered:
No
person who owns or is in possession of, in charge of or in control of any
property shall keep or allow a non-operating vehicle, boat, camper or any
trailer designed to be pulled by a vehicle to remain in any unenclosed area on
such property longer than 3 days.
A non-operating vehicle is a vehicle
which is not capable of being moved under its own power or which is not
currently and properly licensed for operation by the state if such a license is
required. A non-operating boat is a boat which is not seaworthy or is not
currently licensed for operation by the state. A non-operating boat trailer,
camper or other trailer is one which is not readily transportable on its own
tires or is not currently licensed by the state. Licensed vehicle dealers must
store all non-operating vehicles so as not to be seen from any public place or
street.
(b)
Under Repair:
No ongoing, continuous body work or repair work or similar activities to
automobiles, boats, trailers and vehicles is allowed on private property longer
than 3 weeks. Any such activities must be moved
to an enclosed building, garage or be so located and fenced so as not to be
readily visible from any public place or street.
(c)
No more than 1 boat ,trailer, camper, antique automobile may be stored on any
property so as to be visible from any public place or street provided it doesn’t
require you to park on the right a way.
(d)
This section shall not apply to any vehicle, boat or trailer in an enclosed
building, or so located upon the premises as not to be readily visible from any
public place or street.
Cross reference—
Streets, sidewalks and certain other public places, Ch. 42
Cross-reference—
Section 20-69 Conserve Established Residential Neighborhoods
(e)
Parking (also see Chapter 42 Sec. 42-1, etc.)
No person who owns or is in possession of, in charge of or in control of any
lot, tract or parcel of land shall park any vehicle, trailer or any equipment of
any type on any public right-of-way or cross over a public sidewalk to enter
upon any public or private land except where a designated right of entry or
deeded driveway exists.
Parking on the sidewalk is prohibited except on private driveways. Exceptions to
this section shall be allowed only through written agreement with the Town.
(f)
Parking or storing recreational vehicle for living or sleeping.
It shall be unlawful for any person to park or keep any recreational
vehicle which is used for living or sleeping purposes upon any lot or piece or
parcel of land in the Town, except where such recreational vehicle is merely
stored on property of the owner and is not used for living or sleeping purposes,
or where such use is specifically permitted by the zoning regulations.
Cross reference—Section 70-69
Conserve established residential neighborhoods
Sec. 26-34 FIRE HAZARDS
Any condition constituting a fire hazard as determined by the Fire Marshall is
prohibited.
Sec. 26-35 GRAFFITI: Graffiti
on public and private property is a blighting factor which not only depreciates
the value of property, but also the value of adjacent and surrounding
communities. The Town Commission finds and declares that graffiti or related
inscribed material is obnoxious and constitutes a public nuisance. It is the
Town Commission's further intent to provide for the prohibition of the placement
of graffiti on public and private property to the extent such prohibition is
permitted by state law and to further prohibit persons from allowing graffiti to
remain and thus foster the perpetuation of blight upon the community.
Prohibited acts:
(a) It shall be unlawful for any
person to paint, mark, chalk, or otherwise apply graffiti or other inscribed
material on publicly or privately owned buildings, structures, vehicles,
equipment, places or other similar locations or things within the Town.
(b) It shall be unlawful for the
owner of any private property to permit graffiti or other inscribed material to
remain so as to be capable of being viewed by a person utilizing any public
right-of-way within the Town, such as but not limited to a road, parkway or
alley,
Sec. 26-36 USE OF RIGHT-OF-WAYS AND ROADWAYS
(a)
Use of right-of-ways and roadways for recreational activities and storage of
recreational items is prohibited.
(b)
Access of property is only allowed through permitted driveways or by written
agreement with the Town Commission.
(c)
Cross reference—
Streets, sidewalks and certain other public places, Ch. 42
Sec. 26-37 ANIMALS
Refer to Chapter 10
Secs. 26-38—26-55.
- Reserved.