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Ordinance No.
AN ORDINANCE Prohibiting Unnecessary and Unusual Noises,
and Regulating the Use of Public Address and Loud Speaker Equipment.
BE IT ORDAINED BY THE MAYOR AND Ttr1V COtY!TCT7 (Iv wee ne w
OF L` L_u i IC BEACH, FLORIDA:
Section 1. UNN] CE i ARY NOIZES G1:NT:RALLY. It shall be
unlawful for any person to make, continue or cause to be made or contin-
ued any unnecessary or unusual noise between the hours of 6 A.M. , and
8 P.M. , which either annoys, injures or endanEers the comfort, repose,
health or safety of others, or to make , continue or cause to be made
or continued between the hours of 8 P.M. , and 6 A.Y. , whether in the
operation of any machine or the exercise f any trade or calling or
otherwise any noise which either annoys, injures or endangers the oom-
fort, repose, health or safety of others, unless the making and continu-
ing of the same be necessary for the protection or preservation of
property or of the health, safety, life or limb of some person.
Section 2. LOCATION OF NOIRS P?ODUCING AGENCIES. - It shall
be unlawful for any person to install, maintain, harbor, or play, at a
physical location in any wise outside of any building comprising the
whole or any part of such person's residential, business, or professional
premises, any musical or noise producing instrument or portion thereof
whatsoever; provided, however, that such installation, maintenance , har-
boring, or playing shall not, if in keeping with all other provisions
of this Ordinance, be prohibited at such location if the aforesaid
musical or noise producing instrument be not allowed to fact upon any
public or private street, avenue , or way within the corporate limits
of the Town of Atlantio Beach.
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Section 3. UNNECESSARY NOISES IN PUBLIC PLACES. - It shall
be unlawful for any person to ring any hand bell, beat or strike any pan,
pail or other like article, or sound any gong or blow any whistle or horn,
or other than musical instruments when used as part of a band of music
except to give n:.cessarr signals upon a motor vehicle, motorcycles,
bicycle or similar vehicle , or to hawk,ery or call out the sale of goods
at auction or otherwise, or to gain passengers for any cab, hack, taxi or
other vehicle, or to make , aid, continue , encourage or assist in making
any other or unusual noise upon any street or other public place or in
close proximity thereto so as to be distinctly and loudly audible upon
any such street or place in the Town of AtlaCnticBeach, Florida.
Section 4. SIREN WHISTLES AND GONGS. - It shall be unlaw-
ful for any person to carry or use upon any vehicle any gong or siren
whistle similar to that used on ambulances or vehicles of the police and
fire departments.
Section 5. PLAYING OF MUSICAL INSTRUMrTS IN THE STREETS.-
It shall be unlawful for any person, without a written permit from the
Mayor, to use, play or perform upon any bugle , hand organ, barrel-organ,
barrel-accordian, barrel-piano, hurdy-gurdy, _r other musical or wind in-
strument upon any street or other public place in the Town. The fee for
such permit shall be $10.00 per day. It shall be unlawful for any person
using or performing upon such musical instruments to solicit , ask or re-
quest any money for such use or performance in any way, shape or manner,
directly or indirectly. No person shall use or perform upon such instru-
ments in any street or public place before the hour of 9 A.M. , nor after
the hour of 6 P.M. , of any day; nor during any part of the first day of
the week commonly called Sunday; nor within a distance of 250 feet of any
tenement or apartment house or dwelling when directed or requested by any
occupant thereof to refrain or discontinue using or performing upon such
instrument.
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Section 6. METAL R!iILS, PILLARS AND COLUMNS, TRANSPORTATION
TH-SREOF. - All rails, pillars or columns of iron, steel or other materia
which are being transported over and along streets or other public places
upon carts, drays, cars, trucks, or in any other manner shall be so load-
ed as to avoid causing any loud noises or disturbing the peace and quiet
of such street or other public places.
Section 7. B'TILDING (PFRATIONS AT NIGHT. - It shall be
unlawful for anyp person in conducting any building operations between the
hours of 10 P.M. , and 7 A.M. , to operate or use any pile driver, steam
shovel, pneumatic hammer, derrick, steam or electric hoise or other ap-
paratus, the use of which is attended by loud or unusual noise , except
by written permission of the Mayor and then only in case of emergency.
Section 8. MUFFLING BLOW RS, POWEP. FANS AND EXHAUST OF
STATIONARY ENGINES. - It shall be unlawful to operate or cause to be
operated any noise creating blower or power fan or any internal combus-
tion encine the operation of which causes noises clue to the explosion of
operating gases or fluids unless the noise from such blower or fan is muf-
fled and such engine is equipped with a muffler device sufficient to dead-
en such noises so that the same shall not cause annoyance to the public
or disturb the rest and quiet of persons residing or occupying property
near enough thereto to be annoyed by the unmuffled blower, fkn or exhaust
of any such engine.
Section 9. PUBLIC ADDRESS (LOUD SPEAKER) OPERATIONS. -
It shall be unlawful for any person to use or operate any public adlress
or loud speaker equipment for advertising or sales purposes in any street
or public place before the hour of 4:00 P.M. , or after the hour. of 8:00
P.M. , of any day, and no such loud speaker equipment shall be operated
within the Town of Atlantic Beach without a written permit from the Mayor
to operate the same.
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Section an. DEFTNITION. - The word "person" as used in this
Ordinance shall mean and include one or more persons of either sex, natur-
al persons, corporation, partnership, assooiations, joint stock companies
societies and all other entities capable of being sued.
Section 11. PENALTIES. - Any person who shall violate any
of the provisions of this Ordinance shall, upon conviction thereof, be
punished by a fine of not more than $100.00, or by imprisonment for not
more than 30.:flays, or by both such fine and imprisonment, and each day on
rhicr. such v{olations continue shall constitute a separate offense.
Section 12. In the event any Section of this Ordinance or
any part of any Section or any provisions hereof shall be held to be invalid,
sush invalidity shall not affect any of the remaining portions of this
Ordinance, or any Section thereof.
Section 13. This Ordinance shall became effective immediately
upon its passage and approval by the Mayor, or upon its becoming a law
without such approval.
Passed by the Town Council on first and second readings
iQ..!- V, 1938; passed by the Town Council on third reading
li- 4 1938; and presented t• the Major Ceietor 450; 938.
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Town Clerk,Town of Atlantic Beach,
Florida.
Examined and approved thisa fday of /1938.
Mayor