Holidays & Permissible Hours for Contractors, Construction & Landscaping

Sec. 12-21. Definitions

Construction activity means any activity associated with the construction, renovation, repair, alteration or demolition of any building, structure or any part thereof.

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:
   1. 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 or Sundays, except for watering in connection with dust mitigation.
   2. 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.
   3. 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.
   4. Town projects. Town projects are permitted from 8:00 a.m. until 6:00 p.m. Monday to Friday. Weekends and nighttime 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 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 (l)(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.

Sec. 12-27 Penalties

The following fines and penalties shall be imposed on violators of this article: 

1. For the First Violation, the violator shall receive a Notice of Violation imposing a fine of $1,000.00
   Second Violation - $2,000.00
   Third Violation - $3,000.00 plus 8-hour Stop Work Order
   Each subsequent violation - $5,000
2. However, notwithstanding the foregoing, for violation of Sections 12-26. l(b) and 12-26.1 (c), the violator shall receive, for the first violation, a Notice of Violation imposing a fine of $250.00, and for any subsequent violations, a Notice of Violation imposing a fine of $500.00

To download a copy of the ordinance in its entirety, click here.

For comments, questions, or concerns about the permissible contracting, construction and/or landscaping hours please contact the appropriate Code Officer using the information below. 

• Code Compliance Officer Scherrie Griffin, (786) 792-9619
  sgriffin@bayharborislands-fl.gov
  • For matters regarding the Business District and properties located south of Kane Concourse/96th Street, on the East and West Islands.
• Code Compliance Supervisor Evelyn Merizalde, (786) 256-4347
  emerizalde@bayharborislands-fl.gov
  • For matters regarding properties located north of Kane Concourse/96th Street on the East and West Islands: 

If you require an emergency exception to the Town's construction hours, please contact the Building Department at (305) 993-1786 to facilitate obtaining formal permission from the Town Manager.

Sec. 12-28 Granting exceptions

Whenever and wherever it shall appear to the satisfaction of the Town Manager that work on buildings within said Town is of such a nature that the same cannot be stopped immediately within the time specified herein without substantial loss and damage to the contractor or the owner of said property, then, and only then, the Town Manager is hereby authorized in his discretion to except said work from the provisions of hereinabove only until the time necessary to complete such emergency work, or to relieve such undue hardship.