book132. page 7?? - naples, florida · 2017. 5. 31. · book132.page ordinance 09-12351 page 2 c....

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Book132 . Page 7??

Agenda Item 21Meeting of 2/18/09

ORDINANCE 09-12351

AN ORDINANCE RELATING TO NOISE; AMENDING SECTION 22-37 OF THE CODE OF ORDINANCESOF THE CITY OF NAPLES, FLORIDA, PROVIDING ADDITIONAL DEFINITIONS, PROVIDING FORPERMIT REQUIREMENTS FOR AMPLIFIED SOUND IN COMMERCIAL AREAS, ENFORCEMENT,ACTIVITIES CONSTITUTING VIOLATIONS AND EXEMPTIONS; PROVIDING A SEVERABILITYCLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:

Section 1. That Section 22-37 of the Code of Ordinances of the City of Naples isamended to read as follows (with underlining indicating additions andstrikeout indicating deletions):

Sec. 22-37. Noise.

(a)

Air conditioning units and other mechanical equipment including,-

and exhaust fans.

limitations prcscribcd in Tablc 1 when m asurcd at a point on the2 2-

Mechanical equipment installed prior to the effective date of thisordinance shall not exceed 60 decibels (60 DBA) measured accordingto the specifications listed above.

mechanical equipment or apparatus installed on or attached topremises is found to violate the terms of this subsection, the

resumed unless proper corrections have been made and approved bythe city manager.

(b) Lawn maintenance.

(1) Permitted day.. and hours of operation for lawn maintenance, treetrimming and tree removal. Lawn maintenance activities, treetrimming activities, and tree removal activities may be conductedonly during the following hours, Monday through Sunday except New

and Christmas Day:

I 4. h urs of operation:

1. In residential areas: 7:00 a.m. to 7:00 p.m.

2. In nonresidential ar as: 6:30 a.m. to 7:00 p.m.

b. Saturday hours of operation:

1. In residential arglas: 8:00 a.m. to 7:00 p.m.

2. Nonresidential ar ,as: 6:30 a.m. to 7:00 p.m.

-0 svehicle, except through a muffler or other device which will effectively

s.s

commercial equipment when such devices would produce substantial engineinefficiency or damage.

Book132.Page

Ordinance 09-12351

c. Sunday hours of operati n:

1. Lawn maintenance activities in residential andnonrcsidcntial ar as may occur on Sunday between thehours of 8:00 a.m. and 7:00 p.m.

2. Trec trimming or tree removal shall not occur onSunday in residential or nonresidential arcs unles a

--asubsection.

Z'or vehicle so out of repair or loaded in such manner as to cr ate loud and

(e)

Horns, signaling dcviccs, etc. The sounding of any horn or. --

vehicle on any street, waterway or public place of the city, except as a*

such signaling devices of any unr asonably loud or harsh sound, and the

time is prohibited.

operating or permitting to be played, used or operated of any radio, receiving

to a building or a vehicle, which ca.t upon the public streets for the• e z

any building or structure is prohibited.

(g) Loading, unl ading or opening boxes. The cr ation of loud,excessive or unnecessary noise at any time of the day or night in connectionwith loading or unloading any vehicle or the opening and destruction of bales,boxes, crates and containers is prohibited.

(h) Radios, phon graphs, televisions, etc.

(1) Producing or reproducing sound t disturb the p ace, quiet,prohibited. The using, operating or permitting to be played, used

reproducing of sound in such manner as to disturb the peace, quietand comfort of the neighboring inhabitants isthc city. The operation of any such set, instrument, phonograph,machine or device in any zoning district within the city in excess

Z-Zpoint on the n arcst adjacent property line closest to the noisesource shall be prima facie evidence of a violation of this

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Book 132 • Page 7h).

Ordinance 09-12351

section. Howcvcr, in no case shall thc operation of any such set,- - - -level on the premises of any other occupied property m -asurcd at apoint on the nqrarcst adjacent property line closest to the noisesource, or if a condominium, apartment house, duplex or attachedbusiness, within any adjoining unit, by more than five decibels.If the above is found, it shall be prima facie evidence of aviolation of this section. Where the sound istype or character, the maximum sound level permitted shall bereduced as follows: Any source of sound which emits a pure tone,

(2) Definitions.

A weighted level (dBA) m -ans the total broad band sound level ofthe noise spectrum as m asurcd using the "A weighted network " of a

-sound level meter settings shall be for slow response, except forimpulsive noise m ,asurements which shall be fast response.

_

given environment, being usually a composite of sounds from manysources n ,ar and far. For the purposes of this section, ambientnoise level is the level obtained when the noise level is averaged

15 minutes without inclusion of noisefrom occasional or oc asional and transient sources, at the

a - .

made.

Amplified s und m ,ans use of a public address system, loudsp ,akcr,e sound amplifying equipment.

Decibel (dB) m ,ans a unit for describing the amplitude of sound,- e

pressure of the sound measured to the reference pressure, which is20 microncwtons per square meter.

•• .

excursions of sound pressure which significantly exceed theambient noise level.

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the noise source. -ans the property line closest to

Noise means any sound which either exceeds the maximum permittedsound levels or otherwise unrgrasonably disturbs, injures orendangers the comfort, repose, h alth, p -acc or safety of others.

Nonresidontially zoned arcas m an., those zoning districts whichare not zoned primarily for single family or multifamily use.Nonresidentially zoned arqras include all commercial, industrial,

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permit nonresidential uses.

Octave band moans all of the components in a sound spectrum whosefrequencies are between 2 sine wave components separated by anoctave.

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Ordinance 09-12351

Pure tone m ,ans any sound which can bc distinctly h -ard as a

of the sound pressure levels of the 2 contiguous 1/3 octave bandsr frequencies of 500 Hz and above and by 8 dB for

'frequencies leas than or equal to 125 Hz.

displacement, particle velocity or other physical parameter, in a

_

frequency.

not include:

which the same is installed.

used in any house or apartment within any residential zone

apartment in which said equipment is located.

•C. erg

d. Horns or other warning devices authorized by law on any

the noon whistle.

in accordance with ANCI Ctandard C1.4.

(3) Permit requirements for amplificd sound for commercial and=

multifamily zoned pr perty for transient lodging use and PS zoned

shall obtain from the city a permit in accordance with theconditions provided in this section.

a. Maximum decibel level for amplified a und. Where a permit is

b. Permit required. A permit shall be obtained from the city

caused amplified sound.

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Ordinance 09-12351

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rcquircd.

owncr is responswith any changc in thc information providcd on thcapplication.

3. Thc permit is only valid for thc property owncr orauthorizcd rcpresentativc to which the permit isissued and is nontransfcrablc.

4:47be filed containing all of the following information:

.41.1

representative;

2. An authorized representative shall be appointed by theproperty owner by a notarized statement;

4.

show);-s-hew),

S.produced (e.g., dinner hour, happy hour, daytime orevenings or weekend entertainment);

will be produced;

approving the live entertainment shall be attached andevidence that the conditions,

d. Fcc for permit. A fee as set f

associated with administratio

c. Violati n of permit. Any property owner or authorizedrepresentative who ckauscs or allows to be caused sound in

violation of the permit and of this section. Each incidence-

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Book 132 • Page S0,2,

Ordinance 09-12351

constitute a scparatc offcnsc.

f. Community event permits. Amplified sound may bc permittedthrough the temporary use permit process as provided bysection 46 39.

g. Waivers. Applications for a waivcr for relief from themaximum allowable noise level limits or time of dayrestrictions dcsignatcd in this -writing through thc city managcr to the city council, whenactivity cr -ating such noise is cr -atcd within the city

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consideration of the request at a regularly scheduled publichglaring and under the following conditions:

1. The applicant has not received a warning or citationfrom the code enforcement officer which is currentlypending for violation of permit.

2. The city council, in granting a waiver, may prescribeany r -asonablc conditions or requirements it deems

community oror the surrounding neighborhood.

3. A waiver may be given upon finding that it will notunr -asonably disturb, injure or endanger the comfort,repose, h alth, p ace or safety of any affectedpersons because it is temporary in nature, adjacent

22-council determines 2 22

4. Waivers may be issued for no longer than 30 days,renewable by further appli ation to the city council.

h. Right t appeal. Any person aggrieved by the denial of suchperson's application for a permit by the city manager may

-a. --

be taken within 30 days from the date of denial by filing

permit is required pursuant to this section:

1. Upon the 1st violation of the permit, the coder.

department may issue a verbal or written warning, if one has not been previously issagency, and upon the 2nd violation or any subsequentviolations a written citation may be issued. Anyviolations for which a written citation has beenissued may be referred to the code enforcement boardor to a court of competent jurisdiction. Any citation

shall be transmitted to the city manager.

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Book 132 • Page 103

Ordinance 09-12351

2. If cited to thc codc cnforccmcnt board, the codeenforcement board shall conduct a h aring and providefor and cnforcc such penalties

3. In addition to the authority of the code enforcement

property owner or authorized representative causing or

subject to civil and/or criminal penalties as provided-

competent jurisdiction.

4. Upon the 2nd enforcement action referred to the codeenforcement board or to a court of competentjurisdiction within any 12 month period, the permit

the date of final action by the code enforcement boardor by a court of competent jurisdiction finding theproperty owner or authorized representative in

rcvocation, neither the property owner nor the

2 22 "

apply for a permit sued pursuant to this section.

by the city manager may app -al such rcvo ation to thecity council. Cuch appeals shall be filed with the

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public notice.

street is a school, hospital or court street, is prohibited.

(j ) Yelling, shouting, etc. Yelling, shouting, hooting, whistling or

or disturb the quiet, comfort or repose of persons in any office or in any

is prohibited.

(k) Exemptions. The provisions of this section shall not be appli able

-schools, athletic fields and auditoriums to the annoyance and discomfort of

2- 22 .20 2

(1) Octave band levels. In addition to the noise level limitations

parcel of property adjacent to the source or sound, the maximum allowable

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Ordinance 09-12351

Table 1

Book 132 • Page ?Ot

Octave Band Residential Non ResidentialCite Unit* Cite or Unit*

Manufacturing,Center Freq.(in Hertz.)

or Industrial, orAgriculturalCite Unit*or

31.5 Dawn 64 Dusk 59 Dawn 69 Dusk 64 79 63 Dawn 64 Dusk 59 Dawn 69 Dusk 64 79 125 Dawn 66 Dusk 61 762-5-G Dawn 57 Dusk 52 Dawn 62 Dusk 57 72500 Dawn 53 Dusk 48 Dawn 58 Dusk 53

Dawn 48 Dusk 43 Dawn 53 Dusk 48 631,000Dawn 49 Dusk 44 592,000

Dawn 41 Dusk 36 Dawn 46 Dusk 41 564,000Dawn 37 Dusk 32 Dawn 42 Dusk 37 52

asA SS 50 60 65 70

** Dawn indi atcs daybr ak and Dusk indicatcs nightfall.

(a) Definitions.

A-weighted level (dBA) means the total broad band sound level of thenoise spectrum as measured using the "A-weighted network" of a soundlevel meter (SML). The unit of measurement is the dBA. All soundlevel meter settings shall be for slow response, except forimpulsive noise measurements which shall be fast response.

Ambient sound means the all-encompassing sound associated with a given environment, being usually a composite of sounds from manysources near and far. For the purposes of this section, ambient sound level is the level obtained when the sound level is averagedover a period of at least 15 minutes without inclusion of sound fromoccasional or occasional and transient sources, at the location andtime of day near that at which a comparison is to be made.

Amplified sound means sound augmented by any electronic means thatincreases the sound level or volume.

Decibel (dB) means a unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter.

Impulsive sound means a noise which is characterized by brief excursions of sound pressure which significantly exceed the ambient sound level.

Nearest adjacent property line means the property line closest tothe noise source.

Noise means any sound that:

Book 132 • Page (Y6-5---

Ordinance 09-12351

(1) exceeds the maximum permitted sound levels set out in Table 1 of this section; or

(2) is loud and raucous so as to unreasonably disturb, injure orendanger the comfort, repose, health, peace, tranquility orsafety of reasonable persons of ordinary sensibilities; or

(3) constitutes a breach of the peace or a public nuisance.

Nonresidentially zoned areas means those zoning districts which arenot zoned primarily for single-family or multifamily use. Nonresidentially zoned areas include all commercial, industrial, public service, PD for commercial uses and other districts whichpermit nonresidential uses.

Octave band means all of the components in a sound spectrum whosefrequencies are between 2 sine-wave components separated by anoctave.

*Property line means an imaginary line exterior to any enclosedstructure, at the ground surface, which separates the real propertyowned by one person from that owned by another person, and its vertical extension.

Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, apure tone shall exist if the 1/3 octave band sound pressure level inthe band with the tone exceeds arithmetic value of the soundpressure levels of the 2 contiguous 1/3 octave bands by 5 dB forcenter frequencies of 500 Hz and above and by 8 dB for centerfrequencies between 160 and 400 Hz and by 15 dB for centerfrequencies less than or equal to 125 Hz.

Receiving property means the property which is receiving the noise.

Sound means an oscillation in pressure, stress, particledisplacement, particle velocity or other physical parameter, in amedium with internal forces. The description of sound may includeany characteristic of such sound including duration, intensity andfrequency.

Sound amplifying equipment means any machine or device for theamplification of human voice, music, or any other sound.

Sound level meter means an instrument to measure the sound pressurelevel of relatively continuous and broadband noises. The sound levelmeter used to determine compliance with this section shall meet orexceed the requirements for type 2 sound level meter in accordancewith ANSI Standard 51.4.

(b) General Prohibitions.

(1) It shall be unlawful and prohibited for any person to make, continue, or cause to be made or continued any noise, as defined in this section, or to create any noise disturbance within the limits of the city.

Book 132 • Page gi06

Ordinance 09-12351

(2) It shall be unlawful and prohibited for any person owning orin possession of any building or premises to use, allow theuse, or rent the same for any business or residential use, orfor any purpose of pleasure or recreation if such use makes, continues, or causes to be made or continued, any noise, as defined in this section, within the limits of the city.

(c) Specific noise prohibitions.

The following acts, among others, are declared to be noises suchthat they constitute a noise disturbance, breach of the peace andpublic nuisance, but this enumeration shall not be deemed to be exclusive:

(1) Radios, audio or visual equipment, sound equipment, soundamplification devices, exterior loudspeakers, musical instruments and similar devices. Operating or permitting the use or operation of any radio, musical instrument, audio orvisual equipment, sound amplification devices, exteriorloudspeaker, or other device for the production or reproduction of sound in such a manner as to cause noise. The operation of any such device for the production orreproduction of sound:

a. between the hours of 10:00 p.m. and 7:00 a.m. shall be controlled so that it is not loud or disturbing or anuisance to persons within the area of audibility, or

b. at any time with louder volume than is necessary forconvenient hearing for persons who are in the samedwelling unit of any multiple dwelling in which suchdevice is operated, shall be deemed prima facie evidenceof a violation of this section.

Radios, audio systems and similar devices associated withmotor vehicles or motorboats, shall not be operated in such amanner as to create noise at 25 feet or more from such device, when operated on a public right-of-way, waterways, beaches, orpublic space.

(2) Engine mufflers. Operating any internal combustion engine, including such an engine associated with a motorboat, or motorvehicle without a muffler or other device at least as effective as that installed as original equipment by the manufacturer, which will effectively prevent loud or explosivenoises therefrom.

(3) Motor vehicle, motorcycle or motorboat repair in residential areas. The noncommercial repairing, rebuilding, modifying ortesting any motor vehicle, off-road vehicle, or motorboat within or abutting any residential land use designation insuch a manner as to create noise across a real property line between the hours of 10:00 p.m. and 7:00 a.m.

(4) Activities in the vicinity of schools, churches, and health care facilities. Creating noise on any street adjacent to anyschool, church, or health care facility, which unreasonably

Book 132 • PageFC 7

Ordinance 09-12351

interferes with the workings of such institution, or whichdisturbs or unduly annoys patients in a health care facility.

(5) Peddling, hawking, or vending. Peddling, hawking, or vending, including shouting, crying out by peddlers, hawkers or vendors along or on a roadway.

(6) Yelling, shouting. Yelling, shouting, hooting, whistling, singing, or the making of similar noises, and loud, boisterousconduct other than normal conversation at reasonable levels, inside of or on the grounds of any public or private propertybetween the hours of 10:00 p.m. to 7:00 a.m., so as to annoyor disturb the quiet, comfort, or repose of other persons orcreate a disturbance.

(7) Horns, signal devices. Sound any horn or audible signal device of any motor vehicle, boat, engine, or machine of any kindwhile not in motion, nor shall such horn or signal device be sounded under any circumstances except as required by law, oras a danger warning, nor shall it be sounded for anyunnecessary or unreasonable period of time.

(8) Air conditioning units and other mechanical equipment including, pool/spa heaters and pumps, and regularly-usedgenerators, irrigation pumps and exhaust fans. Operating anynoise creating fan or blower, air conditioner, compressorunit, pool heaters, pool pumps, heat pumps, or the electric motor or any engine used to drive such device, the operationof which causes excessive and unnecessary noise, unless suchnoise is muffled and deadened by adequate noise compressionand muffling devices to minimize annoyance and disturbance topersons within range of hearing. Noise shall be consideredexcessive if it exceeds decibel limitations prescribed inTable 1 when measured at the property line of the receiving property. Mechanical equipment installed before December, 2006 shall not exceed 60 decibels (dBA).

(9) Drums, cymbals, musical instruments and loudspeakers. Creating, making, or maintaining any noise by the use of anydrum, cymbals, loudspeaker, or other similar instruments inthe city for the purpose of attracting attention to anyperformance, show, sale, or display of merchandise, or place of business. This provision shall not apply to permittedspecial events.

(10) Bells or sirens on vehicles. Using, in connection with anunauthorized vehicle, any bell or siren similar to that usedon ambulances or vehicles of the sheriff, fire departments, and other public safety agencies.

(11) Skateboard ramps. Using any skateboard ramp or similarconfiguration for skateboarding or rollerblading between 10:00 p.m. and 7:00 a.m. in a residential land use designation insuch a manner that would result in noise across a real property line.

(12) Powered model vehicles. Operating or permitting the operation

Book 132 - Page ?a

Ordinance 09-12351

of powered model vehicles in such a manner as to create noise across a real property line between the hours of 9:00 p.m. and7:00 a.m.

(13) Animal noises. Allowing an animal to habitually bark, whine, howl, squawk, screech, or cause any other noise which is objectionable due to pitch, frequency, duration, or timing.

(14) Lawn maintenance.

(a) Permitted days and hours of operation for lawnmaintenance, tree trimming and tree removal. Lawn maintenance activities, tree trimming activities, and tree removal activities may be conducted only during the following hours, Monday through Sunday except New Year's Day, Memorial Day, July4th, Labor Day, Thanksgiving Day and Christmas Day:

a. Monday through Friday hours of operation:


2. In nonresidential areas: 6:30 a.m. to 7:00 p.m.

b. Saturday hours of operation:


2. Nonresidential areas: 6:30 a.m. to 7:00 p.m.

c. Sunday hours of operation:

1. Lawn maintenance activities in residential andnonresidential areas may occur on Sunday betweenthe hours of 8:00 a.m. and 7:00 p.m.

2. Tree trimming or tree removal shall not occur onSunday in residential or nonresidential areas unless a special permit is obtained in accordancewith this subsection.

(15) Outdoor live entertainment. Providing outdoor liveentertainment, as authorized in Section 56-125 of the Code ofOrdinances.

a. In such a manner as to create noise as defined in thissection, or,

b. Is in excess of the decibel limitations prescribed inTable 1.

(c) Exemptions.

The following noises shall be exempt from the restrictions set forthin the other sections of this article:

(1) Noises of authorized safety signals and warning devices.

Book 132 • Page A.7 7

Ordinance 09-12351

(2) Noises resulting from any authorized emergency vehicle, whenresponding to an emergency call or acting in time of emergencyor any other public safety operation.

(3) Noises resulting from emergency work, which is to be construedas work made necessary to restore property to a safe conditionfollowing a public calamity, or work required to protectpersons or property from any imminent exposure to danger.

(4) Noises incidental to city approved solid waste collection.

(5) Community events such as concerts, parades, festivals,fireworks, sporting events, or fairs being conducted inaccordance with the conditions contained in a special eventpermit granted by the city council or city manager.

(6) Noises associated with public works construction ormaintenance.

(7) Noises associated with police or fire training.

(8) Community and organized sporting events, school activities, andchurches, but this exception shall not be construed as toauthorize the use of churches, schools, athletic fields andauditoriums to the annoyance and discomfort of theneighborhood of such places.

(9) Noise associated with uses or activities whereby a waiver isgranted by the city manager under the following conditions:

a. The applicant has not received a warning or citationfrom the code enforcement officer which is currentlypending for violation of permit.

b. The city manager, in granting a waiver, may prescribe anyreasonable conditions or requirements it deems necessaryto minimize adverse effects upon the community or thesurrounding neighborhood.

c. A waiver may be given upon finding that it will notunreasonably disturb, injure or endanger the comfort,repose, health, peace or safety of any affected personsbecause it is temporary in nature, adjacent propertyowners do not object, or for reasons the city managerdetermines to be appropriate.

d. Waivers may be issued for no longer than 30 days,renewable by further application to the city manager.

(d) Octave band levels.

In addition to the noise limitations listed in this section, for anysource or sound that can be detected on a recei.ring property, whenmeasured at the nearest point of the property line of the receivingproperty, the maximum allowable sound level limit for the individualoctave bands shall comply with Table 1. In no case shall the noiselevel on the premises of any other occupied property measured at a

form and legality:Approved asA.c_test:

PASSED AND ADOPTED AT SECOND READING AND PSESSION OF THE CITY COUNCIL OF THE CITYFEBRUARY, 2009.

1)14-fr._Tara A. Norma]fl, Cii-v Clerk Robert D. Pritt, City Attorney

Book 132 Page WO

Ordinance 09-12351

point on the nearest adjacent property line closest to the noisesource, or if a condominium, apartment house, duplex, or attachedbusiness, within any adjoining unit, exceed the ambient noise levelby more than five decibels.

Table 1

Octave Band Residential SiteorUnit* Non Residential Site or Unit* Manufacturing,Center Industrial, or

Frequency (In Day Night Day Night Agricultural SiteHertz.) 7 a.m. — 10 10 p.m. —7 a.m. 7 a.m. — 10 10 p.m. —7 a.m. or Unit*

p.m

64p.m.

69 79 31.5 69 7463 69 64 74 69 79125 66 61 71 66 76 250 62 57 67 62 72500 58 53 63 58 68

1,000 53 48 58 53 632 000 49 44 54 49 594,000 46 41 51 46 568,000 42 37 47 42 52DBA 60 55 65 60 70

* These uses pertain to the receiving site.

Section 2. If any word, phrase, clause, subsection or section of this ordinanceis for any reason held unconstitutional or invalid, the invaliditythereof shall not affect the validity of any remaining portions ofthis ordinance.

Section 3. That all sections or parts of sections of the Code of Ordinances,City of Naples, all ordinances or parts of ordinances, and allresolutions or parts of resolutions in conflict herewith, be and thesame are hereby repealed to the extent of such conflict.

Section 4. This ordinance shall take effect immediately upon adoption at secondreading.

APPROVED AT FIRST READING THIS 4TH DAY OF FEBRUARY, 2009.

m:\REF\couNcii\ORD\2CCO309-12351Date filed with City Clerk:

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book132. page 7?? - naples, florida · 2017. 5. 31. · book132.page ordinance 09-12351 page 2 c....

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