View of Bal Harbour Village from the west facing east.

Amending Chapter 11 “Nuisances,” Article II “Noise” of The Code Of Ordinances

This ordinance has nothing to do with the Live Local construction application submitted by Whitman Family Development. Instead, this ordinance is a continuation of efforts begun early last year to address concerns raised by our residents regarding the impact of construction activities throughout the Village.  This increased construction activity has had an adverse impact on the overall quality of life of our residents.  The higher level of construction activity is expected to continue into the near future as major construction project will break ground or continue.  In addition, given the large observant community residing in Bal Harbour, it is appropriate to provide for a respite on the sabbath and other national holidays.

As you know, last year the Village amended the Noise Ordinance expanding the prohibition on noise generating activities to include Saturdays in addition to the already prohibited days/periods.  This expansion left the conditions only partially resolved, because it did not apply to the B Business district.  Because of this and since the major construction activities for the Bal Harbour Shops approved expansion have now shifted to the north side of the site which is essential “right across the street” from our residential community it is appropriate to apply the same prohibitions to the B Business District as well.  While the 20 foot sound barrier required for the expansion has helped, it has proven insufficient in protecting our residents from the noise pollution and inconveniences experienced from the construction activities.

Since we have continued to receive complaints about construction noise, it is apparent that we should amend the ordinance again and expand the prohibition.  With this amendment, there will be NO construction activities allowed on Saturdays, Sundays and specified holidays anywhere in the Village.  This should provide peaceful and quiet enjoyment for our residents during the weekends and holidays.

When we pass a policy, no matter how well intentioned, and then find out that policy fails to mitigate an adverse effect on our residents, we should go back and fix it. That’s what good government does and that’s what we’re doing now.

View the proposed noise ordinance amendment

View Village Council Meeting Agendas

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