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Ordinance 2025-4723 ORDINANCE NO. z025-4723 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITYCODE, ENTITLED "ENVIRONMENT," BYAMENDINGARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED," TO REMOVE FROM THE PROHIBITION OF THE USE OF LOUDSPEAKER TYPE DEVICES ATTACHED TO AND UPON VEHICLES A CARVE-OUT PERMITTING THE LEGITIMATE USE OF SUCH DEVICES IN POLITICAL CAMPAIGNS, CONSISTENT WITH FLORIDA SUPREME COURT PRECEDENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, in 2011, the City Commission adopted Ordinance 2011-3737, which incorporated into Section 46-152 of the City Code the language of the noise standards found in Section 21-28 of the Miami-Dade County Code ("County Code"); and WHEREAS, Section 46-152(j) of the City Code currently provides that "[t]he use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns"; and WHEREAS, the language of Section 46-152Q) of the City Code is identical to the language of Section 21-28(4)(j) of the County Code; and WHEREAS, in 1990, the Florida Legislature enacted Section 316.3045 of the Florida Statutes, which provided, as a general prohibition, that it is "unlawful for any person operating or occupying a motorvehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is: (a) Plainly audible at a distance of 100 feet or more from the motor vehicle; or (b) Is louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals"; and WHEREAS,the Florida Legislature's enactment of Section 316.3045 of the Florida Statutes also provided a carve-out to the foregoing general prohibition, whereby the general prohibition would "not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices"; and WHEREAS, in 2012, the Supreme Court of Florida decided State v. Catalano, 104 So. 3d 1069 (Fla. 2012), which held that the content-based carve-out in Section 316.3045 of the Florida Statutes for business or political messaging was "an unreasonable restriction on First Amendment rights" and "unconstitutionally overbroad because it restricts the freedom of expression in a manner more intrusive than necessary"; and WHEREAS, in accordance with State v. Catalano, the City desires to amend Section 46-152(j) of the City Code to remove from the prohibition of the use of loudspeaker type devices attached to and upon vehicles the carve-out permitting the legitimate use of such devices in political campaigns. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 46, "Environment," Article IV, "Noise," Section 46-152 of the Code of Ordinances of the City of Miami Beach is hereby amended as follows: CHAPTER 46 ENVIRONMENT ARTICLE IV. — NOISE . . . Sec. 46-152. - Noises; unnecessary and excessive prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: (j) Loudspeakers, etc. The use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits Iherefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. !�'� ^�^,;a^a �.�:.,,..,� ,�,�..'-:� ....����'.:�.. .., ..�' ^'�^a�a � r.�..���. 1� hn n nn1� �'I ' � II��.1 I'I nlerforo �.i11� 4Mr� .�Tmn1e� �f IL�e 2 � f.........'.. .I........Le.h..... .1v✓.� .. '�.. y..��y��.. ..r.,..�..,. .�r., ..v.�...., .^ rv��.�vu� .,u'::w�s^T SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 3 day of m�, 2025. PASSED AND ADOPTED this ,3 day of QP"� , 2025. ATTEST: D �""_"' "'__ /� APR 2 g 2G?5 Steven Meiner, Mayor Rafael E. Granado, City Clerk `'� `8��,�^�• APPROVED AS TO Underline denotes additions =-�� y"'. FORM & LANGUAGE Sk'+keEpre�p denotes deletions ; �ipcaee outeo; . & FO ECUTION +,���.. .'^�: i�'9 '• 1 I- � �„4�;�H„2�;,,-� �j/I.of�k$� (sponsored by Mayor Steven Meiner) ' City rney RR Date 3 Ordinances - RS R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Ciry Attorney Ricardo J. Dopico DATE April 23, 2025 10:30 a.m. Second Reading Public Hearing TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152, ENTITLED "NOISES: UNNECESSARY AND EXCESSIVE PROHIBITED,"TO REMOVE FROM THE PROHIBITION OF THE USE OF LOUDSPEAKER TYPE DEVICES ATTACHED TO AND UPON VEHICLES A CARVE-OUT PERMITTING THE LEGITIMATE USE OF SUCH DEVICES IN POLITICAL CAMPAIGNS, CONSISTENT WITH FLORIDA SUPREME COURT PRECEDENT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The proposed ordinance is a minor cleanup of the Ciry's noise ordinance to remove an exception from a ban on speakers only for speakers associated wi�h a political campaign,which Ihe Florida Supreme Court has held to be unconstitutional. It is presented on frst reading by the sponsor, Mayor Steven Meiner, at Ihe request o(the Cily Attomey's Office. In 2011,the City Commission adopted Ordinance 2011-3737,which incorporated into Section 46- 152 of the City Code the language of the noise standards found in Seclion 2L28 of the Miami- Dade County Code ("Counry Code"). Section 46-152Q) of fhe City Code currently provides tha[ "[[]he use or operation on or upon [he public streets, alleys and Ihoroughfares anywhere in this ciry for any purpose of any device known as a sound lruck, loud speaker or sound amplifer or radio or any other instmment of any kind or character which emits therefrom loud and raucous noises and is attached lo and upon any vehicle operated or slanding upon such slreets or public places aforemen[ioned. It is provided, however, that this subsection is nol intended to be consVued in a manner that would inteAere wilh the legitimate use of ihe foregoing loudspeaker type devices in political campaigns". The language of Section 46-152Q) of the City Code is identical to the language of Section 21- 28(4)Q) of the County Code. In 1990,ihe Florida Legislature enacted Section 316.3045 of the Fbrida S[atutes,which provided, as a general prohibi[ion, Ihat il is "unlawful (or any person opera�ing or occupying a motor vehicle on a slreet or highway to operate or amplity the sound produced by a radiq lape player, or other ZOss mechanical soundmaking device or instrument from within the molor vehicle so that the sound is: (a) Plainly audible at a distance of 100 feet or more from ihe molor vehicle; or (b) Is louder than necessary for[he convenient hearing by persons inside the vehide in areas adjoining churches, schools, or hospitals". The Florida �egislature's enactmen[of Section 316.3045 of the Fbrida Statu[es also provided a carve-out to Ihe foregoing generel prohi6ition, whereby !he generel prohibition would "not apply to motor vehicles used for business or political purposes, which in�he normal course of conducting such business use soundmaking devices". In 2012, lhe Supreme Court of Florida decidetl State v. Catalano, 104 So. 3d 1069 (Fla. 2012), which held that lhe content-based carve-out in Section 316.3045 of the Fbrida Statutes for business or political messaging was"an unreasonable restriction on First Amendment rights"and "unconstitutionally over6road because it restricts the freedom ot ezpression in a manner more inUusive than necessary". In accordance with Stafe v. Catalano, �he City Atlomey's Office recommends �hat the Mayor and City Commission amend Section 46-152Q)of ihe City Code to remove from the prohibi[ion of the use ot loudspeaker type devices attached to and upon vehicles the carve-out permitting the legitimate use of such devices in political campaigns. FISCAL IMPACT STATEMENT NIA Does this Ordinance reouire a Business Imoact Estimate? No (FOR ORDINANCES ONLY) If applicable, the Business Impac[ Estimate (BIE)was published on: 41712025 See BIE at httpsJlwww.miamibeachfl.qovlciN-halllcity-clerklmeetinq-noticesl FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Is this a "Residents Riqht to Know" item, Is this item related [o a G.O. Bond pursuant to CitV Code Section 2-17? Proiect7 No No Was this Aqenda Item initiallv reouested bv a lobbvist which. as defined in Code Sec. 2d81 includes a principal enqaqed in lobbvinq? No 2�67 If so, specify the name of lobbyist(s) and principal(s): Deoartment City Attorney SDonsor(sl Mayor Sleven Meiner Co-5ponsor151 Condensed Ti[le 1030 a.m. 2nd Rdg PH, Amend Noise Ordinance, Remove Outdated Language. (Meiner) CA Previous Ac[ion (For City Clerk Use OnIV) First Reading on 3I19I2025- RS N 2�68 �