Loading...
Ordinance 497 aMOMEMMIIIMW / • • • t ' { ORDINANCE NO. 497 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, CLASSIFYING, REGULATING AND/OR PROHIBITING CERTAIN NOISES IN SAID CITY AND FIXING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The purpose of this ordinance is to control noises and the nuisance thereby created in such a manner as to cause the least hardship or offense to the greatest number of people. SECTION 2: PROHIBITED . NOISES: The following noises and other noises of the same characteristics, intensity and/or annoyance shall be prohibited at all times and at all places within the limits of the City of Miami Beach. 1. The sounding of any horn or signal device on automobiles, motorcycles, buses or other vehicles while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion, only as a danger signal after, or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonable long or harsh sound; and the sounding of any such device for an unnecessary and unreason-- able period of time. 2. The keeping of any animal or bird which by causing frequent or long continued noises shall disturb the comfort and repose of any person in the vicinity. 3. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noises. 4. The blowing of any steam or air whistles, except to give notice of the time to begin or stop work, or as a warning of danger. 5. The discharge into the open air of the exhaust of any steam engine, stationery internal combustion engine, motor vehicle or motor boat engine except through a muffler or other device which will effect— ively prevent loud and explosive noises therefrom. 6. The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same are in session, or adjacent to any hospital, which reasonably interferes with the working of such institution, provided conspicuous signs are displayed in such street, indicating that the same is a school, hospital or court street. 7. The creation of `-any loud or excessive noises in-- connection n--connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers. —1— K S. The shouting and crying of peddlers, hawkers, etc. which disturb the peace and quiet of the neighbor- hood. 9. The use of any drum, loud speaker or other instru- ment or device for the purpose of attracting attention by the creation of noise to any perform- ance, show or sale or display of merchandise. 10. The explosion of fire-crackers, sky-rockets, roman-candles, pin-wheels or any other form of fire works or the unnecessary shooting of any fire-arms. 11. The use of mechanical loud speakers or amplifiers on trucks or other moving vehicles for advertising or other purposes except where specific license is received from the City Manager. SECTION 3: RESTRICTED NOISES: Other noises, because of their nature and characteristics shall be grouped as follows for -idle purpose of control and restrictions: Group "A" : Steam, gasoline or oil operated cranes, pile-drivers, excavators, dredges, ditchers and all other similar machinery; one-cylin- der steam or internal combustion engines (horizontal or vertical) ; air compressors and pneumatic riveting machines, jack-hammers, drills and other similar air equipment; power band and circular saws working in the open; hand hammers on steel or iron ( structural, rivets or otherwise) and all other noises of similar intensity and/or annoyance. Group "B" : Stationery or portable concrete mixers ( engines multi.-cylindered and properly muffled) ; power band and circular saws, sanders, planers, grinding machines, drills, bar-benders and cutters and similar machinery when enclosed; hand operations in connection with plumbing, electrical, roofing and framing work in the open. Group "C" : Transit concrete mixers ( engines multi- cylindered and properly muffled) operated to cause the least possible noise; hand opera- tions in connection with plumbing, electrical, roofing and framing work when enclosed; hand loading and unload- ing and the hauling of building materials and other similar heavy trucking; masonry work and the hand mixing of mortar; plastering and the hand mixing of plaster; painting; glazing; landscaping and all other noises of similar intensity and/or annoyance. Group "A", "B" and "C" noises to be considered enclosed shall originate within the exterior walls of a building. SECTION 4: PERIODS: For the purpose of controlling "Restricted Noises", the year shall be divided into two ( 2) periods as follows: Period No. 1: Period No. I shall begin with and include December 16th and shall include and end with March 31st; which period being the months of greatest population shall be most restricted. -2- J t ! e Period,No. 2: Period No. 2 shall begin with and include April 1st and shall include and end with December 15th; which period being the months of least population shall be least restricted. SECTION 5: The hours during which "Restricted Noises" of the various classifications shall be prohibited are as follows: Days other than Sunday Group "A" Group "B" Group "C" Period 1 from 5:30 pm 5: 30 pm 5:30 pm to 9:00 am 9:00 am 9:00 am Period 2 from 6:00 pm 11:00 pm 11:00 pm to 7:00 am 7:00 am 7 :00 am Sundays Group "A" Group "B" Group "C" Period 1 from Not Not Not to Allowed Allowed Allowed Period 2 from Not Not Not to Allowed Allowed Allowed SECTION 6: DISTANCES: Distances shall pertain to the measurement from the nearest point of any buildina. occupied as a hotel or apartment as defined in Ordinance No. 289, being the Zoning Ordi- nance of the City of Miami Beach to the source of the noise. The distances within which "Restricted Noises" of the various classifications shall be prohibited are as follows: Group "A" Group "B" Group "C" Period 1 501 501 Not Restricted Period 2 Not Not Not Restricted Restricted Restricted SECTION 7: EXCEPTIONS:l.The requirements of this Ordinance shall not be construed to prevent the operation of automobiles or light delivery vehicles at any time; provided, however, that such motor vehicles shall at all times be properly muffled and shall be so operated as to create the least possible noise or nuisance. 2. The City Manager shall have the right to waive any or all the requirements herein, in cases of emergency where the welfare of persons or property may be jeopardized by their strict enforcement. SECTION 8: PENALTIES: Violators of any of the provisions of this Ordinance shall be punishable, upon con- viction, by a fine of not more than $ 100,00 Dollars or imprisonment of not more than 30_ days or by both. Each separate viola- tion shall be considered as a separate offense and may be punishable as such. -3- • y � 1 • SECTION 9: LEGALITY: If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance, which shall remain in effect as if the unconstitutional portion or portions have not been included. SECTION 10: EFFECTIVE DATE: This Ordinance shall be and is hereby declared to be in full force and effect from and. after 30 days from the date of its final passage and approval. SECTION: Ordinance No. 476 and all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. PASSED AND ADOPTED this 6th day of October, A.D. 1937. .,1(q. ",24 `/%� r 1 Acting .:yor Attest: ity C erk 1st Reading, September 16th, 1937 2nd Reading, September 16th, 1937 3rd Reading, October 6th, 1937 Posted - October 7th, 1937. • • STATE OF FLORIDA ) COUNTY OF DADE ) I, C. W. TOHLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 497 entitled "AN ORDINANCE OF THE CITY OF MIAMI BEACH , FLORIDA, CLASSIFYING, REGULATING AND/OR PROHIBITING CERTAIN NOISES IN SAID CITY AND FIXING PENALTIES FOR VIOLATION THEREOF" , having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 7th day of October, A. D. , 1937 , and that said ordinance re- mained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 24th day of November, A. D. , 1937. ity Clerk • to 0 1-1 • 0 E-2 z z H cb H Z Z " 0 Z H E-4 fzi 0 LXIZ çrH S