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Home My WebLink About2006-3516 Ordinance ORDINANCE NO. 2006-3516 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 46-156, ENTITLED "TEMPORARY PERMITS," BY AMENDING THE PROHIBITED AREAS FOR CONSTRUCTION NOISE AND PROVIDING EXCEPTIONS THERETO; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, noise has been a topic of concern within the City of Miami Beach for many years and has recently been the subject of recent City Code amendment to address modified enforcement and legislative solutions; and WHEREAS, the purpose of the City's Noise Ordinance is to obtain compliance with the prohibition on unnecessary and excessive noise in the City before imposing fines and other penalties; and WHEREAS, in order to strike a balance between the concerns of the business community and residents, a warning and violation system has been developed which takes into account the diverse character of the City; and WHEREAS, the provisions in this Ordinance will serve to further address the noise concerns of the City and its residents relative to construction projects, to provide additional exceptions to the currently permitted days and hours of construction activities, and to provide criteria therefor which address the preservation of the quality of life in all City neighborhoods. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS: SECTION 1. That Section 46-156 of Article IV of Chapter 46 of the Miami Beach City Code is hereby amended as follows: Chapter 46 ENVIRONMENT * * * ARTICLE IV. NOISE * * * Sec. 46-156. Temporary permits. (a) The eCity manager or his designee is authorized to issue a temporary permit to allow noise prohibited by sections 46 152 when produced by a temporary use or activity that does not endanger the health, safety or welfare of the neighborhood as provided in this section. The Ceity manager or his designee may prescribe any reasonable conditions necessary to minimize any adverse effect upon the community. A permit granted under this article shall contain all conditions upon which the permit has been granted, including the period of time for which the permit has been granted. Such relief may be granted in the following situations: (1) Code compliance in progress. When an applicant is utilizing best efforts to comply with the noise restrictions in this article, but additional time is required for the applicant to modify his activity to comply and no reasonable alternative is available to the applicant, such permits may be granted for a period of time not to exceed ten consecutive days. (2) Construction. When construction activities pursuant to a valid building permit cannot be carried out in a manner which would comply with section 46-152, provided notwithstanding that all equipment shall be is operated in accordance with manufacturer's specifications, shall be is in good repair and utilize~ all noise baffling methods as specified by the manufacturer, and further provided that such activities shall occur only as follows: a. Between the hours of 7:30 a.m. and 6:30 p.m., and between the hours of 7:30 a.m. and 7:30 p.m. during daylight savings time, on any day in areas zoned as CCC, GU, I-I, MR, CPS-l, CPS-2, CPS-3, CPS-4, RO, WD-l, WD-2, GC, HD, MXE, CD-I, CD-2 and CD-3. However, the City manager may authorize any necessary construction activities, to occur earlier and/or later than as otherwise provided in this subsection based upon a finding that 1) there are no reasonable alternatives and 2) there are no prior code violation adiudications or fines and no pending construction noise violation cases relative to the issued to against the property owner, contractor, or the construction site. The work authorized by the City manager may be conditioned upon reasonable notice to surrounding property owners and 2 tenants. Permits issued pursuant to such authorization shall not exceed seven consecutive days. b. Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m. and 4:00 p.m. on Saturdays in areas zoned as RM-l, RM-2, RM-3, RM-PRD, RPS-l, RPS-2, RPS-3, RPS-4, RMPS-l, RS-l, RS-2, RS-3, RS-4, TH and in any exclusively residential zoning district not otherwise specified in this subsection ef and within three hundred feet of any of these zoning districts. However, the City manager may authorize any necessary construction activities to occur earlier and/or later than as otherwise provided in this subsection based upon a finding that 1) there are no reasonable alternatives and 2) there are no prior code violation adiudications or fines and no pending construction noise violation cases relatiye to the issued to against the property owner, contractor, or construction site. The work authorized by the City manager, or his desi~ee, may be conditioned upon reasonable notice to surrounding property owners and tenants. Permits issued pursuant to such authorization shall not exceed three consecutive days. No construction shall be permitted on Sundays or on national holidays in the zoning districts set forth in this subsection, notwithstanding compliance with section 46-152. c. Any permits issued pursuant to (2)a-c, shall not constitute or be deemed precedent for the granting of any future permits. d. Notwithstanding the provisions of (2)a-c., concreting operations ",<,hen the application of technical where the Florida Building Code requirements which, in the opinion of the building official, necessitates requires work earlier or later than the time frames specified in (2)a-b, temporary permits shall be subiect to authorization by the building official. Notwithstanding the provisions set forth in subsections (a)(2)a and b of this section, the City Manager, or his designee, may authorize any construction activity at a particular site within a zoning district set forth in subsection (a)(2)a of this section earlier than 7:30 a.m. Under emergency circumstances only, the building official may authorize any necessary construction activities earlier than 8:00 a.m. and/or later than 4:00 p.m. on any day within a zoning district set forth in subsection (a)(2)b of this section. The ',york authorized by the building official pursuant to this subsection may be conditioned upon notice to surrounding property owners and tenants. Such permits may be granted for a period of time not to exceed three consecutive days. ill Special events andjilm and print permits. A film permit issued pursuant to section 12-1, or a special event permit issued pursuant to section 12-5 may be exempted from the requirements of section 46-152 upon specific compliance with sections 12-1(9) or 12-5(8), as applicable. 3 (b) Failure to comply with any condition of a temporary permit issued pursuant to this section shall constitute a violation and shall result in enforcement procedures and penalties as set forth in sections 46-159 and 46-160. SECTION 2. 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 a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE PASSED and ADOPTED this l..tL day of June , 2006. This Ordinance shall take effect on the 17th day of , 2006. I ATTEST: David Dermer _~~r PClALWA CITY CLERK Robert Parcher F:\atto\TURN\ORDINANC\NoiseOrd - Construction Noise I (amended).doc 4 APPROVED AS TO FORM 8& LANGUAGE & FOR EXECUTfON ~ Ul'1lOI .' . tlomey.v(' ~ COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the City Code to adopt a Noise Ordinance. Ke Intended Outcome Su orted: Increase resident satisfaction with level of code enforcement. Issue: Shall the City Commission approve amendments to the Noise Ordinance regarding construction noise? Item Summary/Recommendation: At the May 10, 2006 City Commission meeting an Ordinance amending certain sections of the Noise Ordinance was presented to the City Commission for consideration on Second Reading. After discussion on the Noise Ordinance amendments which primarily dealt with temporary permits for construction related noise, the Commission continued the Second Reading to the June 7, 2006 Commission Meeting and directed that a second Ordinance relative to noise be prepared for First Reading also at the June 7, 2006 City Commission meeting. As the City Commission had expressed a desire to see an application for extended construction hours to better assess how to structure the Ordinance, it is recommended that Section 46-156 (a)(2)c, not be enacted until such time as a request is available to review. The item can be brought before the Commission when the need exists. The balance of the Ordinance is still recommended for adoption as the clean-up and clarification language will serve a useful purpose. It is recommended that the members of the City Commission approve on Second Reading the amendments to the Noise Ordinance with an amendment to the Ordinance deleting Section 46-156 (a)(2)c. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Amount Account Approved 1 aBPI Ci Clerk's Office Le Robert C. Middaugh Si n-Offs: Departmenf Director F :\cmgr\$ALL \BOB\NoiseOrd6-7 -06Su mmj! MIA.MIBEACH AGENDA ITEM DATE ~sc.. (,-7 -Dc:' & MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer ~nd Members of the City~om.miss:on _ ~ ". Jorge M. Gonzalez, City Manager Eh- _1 "-L-b_4~ - ~ June 7, 2006 SECOND READING V TO: DATE: SUBJECT: 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 46-156, ENTITLED "TEMPORARY PERMITS," BY AMENDING THE PROHIBITED AREAS FOR CONSTRUCTION NOISE AND PROVIDING EXCEPTIONS THERETO; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANAL YSIS At the May 10, 2006 City Commission meeting an Ordinance amending certain sections of the Noise Ordinance was presented to the City Commission for consideration on Second Reading. After discussion on the Noise Ordinance amendments which primarily dealt with temporary permits for construction related noise, the Commission continued the Second Reading to the June 7, 2006 Commission Meeting and directed that a second Ordinance relative to noise be prepared for First Reading also at the June 7, 2006 City Commission meeting. The Ordinance for First Reading which is a separate item on the June 7, 2006 City Commission Agenda deals with a number of items that were either incomplete at the May 10, 2006 meeting or which required substantial revision and would need to be presented to the City Commission for first consideration at the June 7,2006 City Commission meeting. The attached Ordinance dealing with temporary permit procedures for construction noise provides a process for the City Commission to hear applications for exceptions to the Noise Ordinance under predetermined criteria, as well as providing for some existing language clean-up and clarification. The original basis for the Ordinance change to permit extended construction hours was a request by the Fontainebleau Hotel. To date no application for a temporary permit has been received. It appears that the Fontainebleau is still assessing their project needs and making the determination if any permit is necessary. It would still be anticipated that the future construction activities of the Eden Roc Hotel who also had an expressed interest in extended construction hours, would be making application for this permit from the City Commission at some point in future. As the City Commission had expressed a desire to see an application for extended construction hours to better assess how to structure the Ordinance, it is recommended that Section 46-156 (a)(2)c, not be enacted until such time as a request is available to review. The item can be brought before the Commission when the need exists. The balance of the Ordinance is still recommended for adoption as the clean-up and clarification language will serve a useful purpose. It is recommended that the members of the City Commission approve on Second Reading the amendments to the Noise Ordinance with an amendment to the Ordinance deleting SectiO'l56 (a)(2)c. JM('~\sam F:~$ALL\BOB\NOiSeOrd6-7 -06commemoconst.doc 2