<p style='margin:0in;font-size:16px;font-family:"Aptos",sans-serif;' data-pasted="true">Consideration and approval of an ordinance on first reading amending Section 12-26 regarding the removal of designated parking authority and the prohibition of on-site worker vehicle congregation before 8:30 a.m. and after 6:30 p.m. Sponsored by Vice Mayor Stephanie Bruder.</p>

Created: 2025-08-05 14:40:43 [EST] (Supp. No. 10, Update 1) Page 1 of 4 ORDINANCE NO. --- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA, AMENDING SECTION 12-26 OF THE TOWN CODE, RELATING TO PERMISSIBLE HOURS FOR CONSTRUCTION ACTIVITY AND LANDSCAPING; REMOVING AUTHORITY FOR THE TOWN TO DESIGNATE PARKING, CONGREGATION, OR STAGING AREAS FOR EARLY ARRIVAL OR LATE DEPARTURE OF WORKER VEHICLES; PROHIBITING WORKER VEHICLES FROM PARKING, WAITING, OR CONGREGATING OUTSIDE THE CONSTRUCTION SITE BEFORE 8:30 A.M. OR AFTER 6:30 P.M.; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Bay Harbor Islands desires to clarify the permissible hours for construction activity and landscaping; and WHEREAS, the Town Council finds that the designation of parking, congregation, or staging areas for early arrival or late departure of worker vehicles is unnecessary and may lead to disturbances of neighboring properties; and WHEREAS, the Town Council further finds that worker vehicles should not park, wait, or congregate outside the construction site before 8:30 a.m. or after 6:30 p.m.; and WHEREAS, this ordinance amends Section 12-26 to reflect these findings and to provide clear, enforceable standards.

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA: Section 1: That the foregoing recitals are adopted and hereby incorporated as if fully set forth herein. Section 2: That Section 12-26(1)(a) of the Town of Bay Harbor Islands Code of Ordinances is hereby amended to read as follows (with stricken text deleted and underlined text added):Section 3: That any section, paragraph, sentence or word of this Ordinance or the application thereof to any person or circumstance is held invalid, that the invalidity shall not affect the other sections, paragraphs, sentences, words or application of this Ordinance. Section 4: That it is the intention of the Town Council of the Town of Bay Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance shall become and be made a part of the Town of Bay Harbor Islands' Code of Ordinances, that sections of this Created: 2025-08-05 14:40:43 [EST] (Supp. No. 10, Update 1) Page 2 of 4 Ordinance may be re-numbered or re-lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6: That this Ordinance shall be in full force and take effect immediately upon its passage and adoption. PASSED on First Reading this 11th day of June 2026. PASSED on Second Reading TBA Isaac Salver Mayor ATTEST: Evelyn Herbello, MMC Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MCCARTER & ENGLISH, LLP TOWN ATTORNEYS BY: Tania Cruz, ESQ. Created: 2025-08-05 14:40:43 [EST] (Supp. No. 10, Update 1) Page 3 of 4 EXHIBT A Sec. 12-26. Permissible hours for construction activity and landscaping. (1) The performance of construction activity and landscaping within the town shall be allowed pursuant to the following schedule: (a) Construction activity. Construction activity is permitted from 9:00 a.m. until 6:00 p.m. Monday through Friday. No construction activity is permitted on Saturdays, Sundays, or legal holidays as defined hereinafter in subsection (2) below, except for watering in connection with dust mitigation. The arrival and departure of workers are limited to 30 minutes before and after the above stated construction activity hours. All such pre- work and post-work activities shall be restricted to areas within 100 feet of the actual construction site. The town may designate suitable locations for workers to congregate for those early arrival and/or late departure times, subject to rules and regulations to be promulgated by the town. Workers shall remain in their vehicles when possible and not disturb neighboring properties or the town in general. The town may create and enforce rules and regulations to limit visible or outdoor worker activities, including but not limited to sanitation, the changing of clothes, cooking and eating, excessive noise, and the like. Unless a valid parking permit has been issued, all worker vehicles shall leave the designated temporary parking locations before 9:00 a.m. No designated parking, congregation, or staging areas for early arrival or late departure are permitted. Workers and their vehicles shall not park, wait, or congregate anywhere outside the construction site before 8:30 a.m. or after 6:30 p.m. All worker vehicles must remain off the surrounding streets and properties entirely during those prohibited times. The only exception is for vehicles actively engaged in permitted construction activity within the construction site during the allowed 8:30 a.m. to 6:30 p.m. window. . Noise/music emission must be in accordance with section 12-20 through section 12-23. Failure to comply with the above regulations may result in penalties as set forth in section 12-27. (b) Interior repair and maintenance activity. Repair and maintenance activity inside a dwelling is permitted from 9:00 a.m. until 6:00 p.m. Monday through Friday. Repair and maintenance activity inside a dwelling is permitted on Saturdays between the hours of 10:00 a.m. and 5:00 p.m., provided that the activity does not result in audible noise outside the dwelling. (c) Landscaping activity. Landscaping activity is permitted from 9:00 a.m. until 6:00 p.m. Monday to Friday. On Saturdays, landscaping activity is permitted between the hours of 10:00 a.m. and 5:00 p.m., but only by owners and tenants. There shall be no use of leaf blowers on Saturdays. No commercial landscapers are permitted to perform work in the town on Saturdays. (d) Town projects. Town projects are permitted from 8:00 a.m. until 6:00 p.m. Monday to Friday. Weekends and night-time hours shall be allowed at the discretion of the town manager, in the public's best interest to finish roadway and right of way projects Created: 2025-08-05 14:40:43 [EST] (Supp. No. 10, Update 1) Page 4 of 4 expeditiously to minimize traffic impact and long-term inconvenience to residents and visitors of the town. (2) Except for watering as provided for in subsection (1)(a) above, no construction, repair, maintenance, or landscaping activity is permitted on Sundays or legal holidays, and the same is hereby specifically prohibited. For purposes of this section, the term "legal holidays" is defined as any day observed by the town as a legal holiday. (3) Notwithstanding the 9:00 a.m. start time provided for in subsections (1)(a) and (b) above, projects that have submitted applications for new construction and foundation permits as of June 8, 2015 shall be permitted to perform construction activities from 8:00 a.m. until 6:00 p.m. Monday through Friday so long as all new construction and foundation permit(s) remain in full force and effect, except for construction activity located within 375 feet of Ruth K. Broad K-8 that shall commence no earlier than 9:00 a.m. Monday through Friday. (4) Effective from September 12, 2024, all projects with active construction sites including new developments, redevelopments, and interior repairs with an issued building permit shall be required to attend monthly meetings with the code enforcement department. These meetings are mandatory and will be scheduled for the following week after the town council meeting If a project representative is unable to attend a meeting, a $250.00 fee will be imposed for each missed meeting. The meeting will ensure the project representatives are informed about any new or forthcoming ordinances approved by the town council.