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Anonymous
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Summary
This appears as a duplicate of the state law for mufflers with a non compliance fine of $250. Opinion: Don't know why they want to duplicate state law but this does not appear to be damaging to us. Airboat users should support the muffler law and ask for enforcement.
Feel free to read this & also Ord 07-05 Times of Operation. This is the one to look closely at.
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ORDINANCE # 07-04
AN ORDINANCE OF THE OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE OSCEOLA COUNTY CODE OF ORDINANCES, CHAPTER 9, ENVIRONMENTAL CONTROL AND PRESERVATION, ARTICLE IV, NOISE; PROVIDING FOR AN AMENDMENT TO SECTION 9-106, DEFINITIONS; PROVIDING FOR AN AMENDMENT TO SECTION 9-116, VESSELS OPERATED ON WATERS IN THE UNINCORPORATED AREA OF THE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners is the governing body in and for Osceola County, a political subdivision of the State of Florida; and,
WHEREAS, effective July 1, 2006, the Legislature enacted section 327.391, Florida Statutes, which requires that all airboats operated on the waters in the State of Florida be equipped with a muffling device capable of muffling the sound of the exhaust of the engine; and,
WHEREAS, the Board of County Commissioners of Osceola County finds that residents living near bodies of water in unincorporated Osceola County have been subjected to unnecessary noise levels from the operation of airboats on those bodies of water; and,
WHEREAS, the public interest will be served through the enactment of an ordinance regulating airboat operation on bodies of water in unincorporated Osceola County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS.
The foregoing recitals are true and correct and incorporated herein by reference.
SECTION 2. AMENDING CHAPTER 9, ARTICLE IV, NOISE, SECTION 9-106, DEFINITIONS.
Chapter 9, Article IV, Section 9-106 of the Osceola County Code is hereby amended to include the following definitions:
Section 9-106. Definitions.
a) Airboat means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders.
b) Muffler means an automotive-style sound suppression device or system designed and installed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or unusual noise. This definition comports with that of the Florida Fish and Wildlife Conservation Commission (FWC).
SECTION 3. AMENDING CHAPTER 9, ARTICLE IV, NOISE, SECTION 9-116, VESSELS OPERATED ON WATERS IN THE UNICORPORATED AREA OF THE COUNTY.
A. Chapter 9, Article IV, Section 9-116 of the Osceola County Code of Ordinances is hereby amended to include the following:
Section 9-116. Airboats Regulated.
i) The exhaust of every internal combustion engine used on any airboat operated on the bodies of water located in unincorporated Osceola County shall be provided with an automotive-style factory muffler, underwater exhaust, or other manufactured device capable of adequately muffling the sound of the exhaust of the engine as defined in Section 9-106. The use of cutouts or flex pipe as the sole source of muffling is prohibited, except as provided in Section 9-116(a)(3). Any person who violates this subsection commits a non-criminal infraction punishable as provided herein.
ii) This section does not apply to a person that has been granted a noise variance under Section 9-109.
iii) The provisions set forth in this section are separate from the other sections in this Article and are not intended to have an effect upon same.
Section 9-116(b) Enforcement, is hereby repealed in its entirety and replaced with the following:
Section 9-116. Enforcement.
i) The Code Enforcement Board shall have jurisdiction to hear and decide violations of this section. Any person who violates any of the provisions of this section, shall, upon Code Enforcement action, be punished as provided in the Osceola County Code of Ordinances, Chapter 7, and any Amendment thereto. The jurisdiction of the Code Enforcement Board shall not be exclusive. Any alleged violation of any of the provisions of this section may be pursued by appropriate remedy, whether by injunctive, declaratory, or other civil or criminal sanction, at the option of Osceola County, including, but not limited to, imprisonment in the County jail for a term not exceeding sixty (60) days. The provisions of this section may also be enforced by the Sheriff, Deputy Sheriffs, and any other authorized state, federal, or local law enforcement officer.
ii) This section may be enforced pursuant to the supplemental procedures contained in Chapter 7 of the Osceola County Code of Ordinances. The civil penalty for a violation of this section shall be $250.00 per violation.
SECTION 4. SEVERABILITY.
If any portion of this Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance, or any provision thereof, shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances.
SECTION 5. INCLUSION INTO THE CODE.
The provisions of this Ordinance shall be included and incorporated within the Code of Ordinances of Osceola County, Florida, and may be renumbered or re-lettered to accommodate such inclusion.
SECTION 6. CONFLICT.
Any ordinance or part of any ordinance in conflict herewith is hereby repealed to the extent of any conflict.
SECTION 7. EFFECTIVE DATE.
The Clerk shall file a certified copy of this Ordinance with the Department of State within ten (10) days of its adoption. This Ordinance shall become effective immediately upon its adoption by the Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Osceola County, at its regular meeting this ____ day of January, 2007.
BOARD OF COUNTY COMMISSIONERS
OSCEOLA COUNTY, FLORIDA
By: ________________________________
(SEAL) Chairman/Vice Chairman
ATTEST:
OSCEOLA COUNTY CLERK OF THE BOARD
By: ______________________________
Clerk/Deputy Clerk of the Board
This appears as a duplicate of the state law for mufflers with a non compliance fine of $250. Opinion: Don't know why they want to duplicate state law but this does not appear to be damaging to us. Airboat users should support the muffler law and ask for enforcement.
Feel free to read this & also Ord 07-05 Times of Operation. This is the one to look closely at.
Next post
************************
ORDINANCE # 07-04
AN ORDINANCE OF THE OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE OSCEOLA COUNTY CODE OF ORDINANCES, CHAPTER 9, ENVIRONMENTAL CONTROL AND PRESERVATION, ARTICLE IV, NOISE; PROVIDING FOR AN AMENDMENT TO SECTION 9-106, DEFINITIONS; PROVIDING FOR AN AMENDMENT TO SECTION 9-116, VESSELS OPERATED ON WATERS IN THE UNINCORPORATED AREA OF THE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners is the governing body in and for Osceola County, a political subdivision of the State of Florida; and,
WHEREAS, effective July 1, 2006, the Legislature enacted section 327.391, Florida Statutes, which requires that all airboats operated on the waters in the State of Florida be equipped with a muffling device capable of muffling the sound of the exhaust of the engine; and,
WHEREAS, the Board of County Commissioners of Osceola County finds that residents living near bodies of water in unincorporated Osceola County have been subjected to unnecessary noise levels from the operation of airboats on those bodies of water; and,
WHEREAS, the public interest will be served through the enactment of an ordinance regulating airboat operation on bodies of water in unincorporated Osceola County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS.
The foregoing recitals are true and correct and incorporated herein by reference.
SECTION 2. AMENDING CHAPTER 9, ARTICLE IV, NOISE, SECTION 9-106, DEFINITIONS.
Chapter 9, Article IV, Section 9-106 of the Osceola County Code is hereby amended to include the following definitions:
Section 9-106. Definitions.
a) Airboat means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders.
b) Muffler means an automotive-style sound suppression device or system designed and installed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or unusual noise. This definition comports with that of the Florida Fish and Wildlife Conservation Commission (FWC).
SECTION 3. AMENDING CHAPTER 9, ARTICLE IV, NOISE, SECTION 9-116, VESSELS OPERATED ON WATERS IN THE UNICORPORATED AREA OF THE COUNTY.
A. Chapter 9, Article IV, Section 9-116 of the Osceola County Code of Ordinances is hereby amended to include the following:
Section 9-116. Airboats Regulated.
i) The exhaust of every internal combustion engine used on any airboat operated on the bodies of water located in unincorporated Osceola County shall be provided with an automotive-style factory muffler, underwater exhaust, or other manufactured device capable of adequately muffling the sound of the exhaust of the engine as defined in Section 9-106. The use of cutouts or flex pipe as the sole source of muffling is prohibited, except as provided in Section 9-116(a)(3). Any person who violates this subsection commits a non-criminal infraction punishable as provided herein.
ii) This section does not apply to a person that has been granted a noise variance under Section 9-109.
iii) The provisions set forth in this section are separate from the other sections in this Article and are not intended to have an effect upon same.
Section 9-116(b) Enforcement, is hereby repealed in its entirety and replaced with the following:
Section 9-116. Enforcement.
i) The Code Enforcement Board shall have jurisdiction to hear and decide violations of this section. Any person who violates any of the provisions of this section, shall, upon Code Enforcement action, be punished as provided in the Osceola County Code of Ordinances, Chapter 7, and any Amendment thereto. The jurisdiction of the Code Enforcement Board shall not be exclusive. Any alleged violation of any of the provisions of this section may be pursued by appropriate remedy, whether by injunctive, declaratory, or other civil or criminal sanction, at the option of Osceola County, including, but not limited to, imprisonment in the County jail for a term not exceeding sixty (60) days. The provisions of this section may also be enforced by the Sheriff, Deputy Sheriffs, and any other authorized state, federal, or local law enforcement officer.
ii) This section may be enforced pursuant to the supplemental procedures contained in Chapter 7 of the Osceola County Code of Ordinances. The civil penalty for a violation of this section shall be $250.00 per violation.
SECTION 4. SEVERABILITY.
If any portion of this Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance, or any provision thereof, shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances.
SECTION 5. INCLUSION INTO THE CODE.
The provisions of this Ordinance shall be included and incorporated within the Code of Ordinances of Osceola County, Florida, and may be renumbered or re-lettered to accommodate such inclusion.
SECTION 6. CONFLICT.
Any ordinance or part of any ordinance in conflict herewith is hereby repealed to the extent of any conflict.
SECTION 7. EFFECTIVE DATE.
The Clerk shall file a certified copy of this Ordinance with the Department of State within ten (10) days of its adoption. This Ordinance shall become effective immediately upon its adoption by the Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Osceola County, at its regular meeting this ____ day of January, 2007.
BOARD OF COUNTY COMMISSIONERS
OSCEOLA COUNTY, FLORIDA
By: ________________________________
(SEAL) Chairman/Vice Chairman
ATTEST:
OSCEOLA COUNTY CLERK OF THE BOARD
By: ______________________________
Clerk/Deputy Clerk of the Board
