Ordinance 91-2730 Ordinance No. 91-2730
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SECTION 24-2 ENTITLED
',PROHIBITED NOISES, BY PROHIBITING THE OPERATION OF
RADIOS OR OTHER MECHANICAL SOUNDMAKING DEVICES OR
INSTRUMENTS IN VEHICLES PURSUANT TO FLORIDA STATUTE
SECTION 316.3045 AND FURTHER PROHIBITING THE OPERATION OF
RADIOS OR OTHER MECHANICAL SOUNDMAKING DEVICES OR
INSTRUMENTS IN OR UPON PUBLIC PROPERTY IF SUCH SOUND CAN
BE HEARD FROM MORE THAN FIFTY (50) FEET TO BE MEASURED IN
A STRAIGHT LINE FROM ITS SOURCE; REPEALING ALL ORDINANCES
IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA.
SECTION 1.
That Miami Beach City Code Section 24-2 entitled "Prohibited
Noises" is hereby amended to read as follows:
Section 24-2 . Prohibited noises.
The following noises : and other noises of the same
characteristics, intensity or annoyance, or both, shall be
prohibited at all times and at all places within the limits of the
city:
(a) The sounding of any horn or signal device on automobiles,
motorcycles, busses 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 of any unnecessary and unreasonable period of time.
(b) 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.
(c) 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.
(d) 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.
(e) The discharge into the open air of the exhaust of any
steam engine, stationary internal combustion engine, motor vehicle
or motorboat engine, except through a muffler or other device which
will effectively prevent loud and explosive noises therefrom.
(f) The creation of any excessive noise or any street
adjacent to any school, institution of learning or court while the
same are in session, or adjacent to any hospital , which
unreasonably interferes with the workings of such institutions,
provided conspicuous signs are displayed in such street indicating
that the same is a school, hospital or court street.
(g) The creation of any loud or excessive noises in
connection with the loading or unloading of any vehicle or the
opening and destruction of hales, boxes, crates and containers.
(h) The shouting and crying of peddlers, hawkers, etc. , which
disturbs the peace and quiet of the neighborhood.
(i) The use of any drum, loud-speaker or other instrument or
device for the purpose of attracting attention by the creation of
noise to any performance, show or sale or display of merchandise.
(j ) The explosion of firecrackers, skyrockets, Roman candles,
pinwheels or any other form of fireworks or the unnecessary
shooting of any firearms.
(k) The utilization of any vehicle on any public street,
avenue or alley in the city while such veh4ele is in motion or is
stopped or parked other than at a legal parking space, in or upon
which vehicle is functioning or being used or operated, any
musical sound-making device or any Band, orchestra or musical
instrument for the purpose of: ad#eeti-sing, soliciting or attracting
the attention of the public for any purpose whatsoever. The
operation of radios or other mechanical soundmaking devices or
instruments in vehicles is hereby regulated and controlled by Fla
Stat §316. 3045, a copy of which is available in the City Clerk' s
office.
(1) Bottling works, dairies, factories, machine shops and
other similar industries or enterprises, the noise from which
disrupts the peace and quiet of the neighborhood, shall not operate
between the hours of 12 : 00 Midnight and 7 : 00 A.M. following, unless
such place of business is completely enclosed and the doors and
other openings kept closed in order that the noise therefrom may
not disrupt the peace and quiet of the neighborhood.
(m) The use of any mechanical loud-speaker or amplifier in
connection with which there are any openings or outlets from the
interior to the exterior of the building in which the loud-speaker
or amplifier is located or the use of any loud-speaker or amplifier
which is affixed to the exterior wall or premises of any building;
provided, that the provisions of this subsection shall not apply to
any amplifier or mechanical loud-speaker used directly in
connection with events or functions of a public or civic nature
conducted in public parks or on other public property; provided
further, that nothing herein shall be deemed to apply to wired
music systems where the maximum volume of sound therefrom is
controlled by the central station of the operator of such wired
music system and the volume of sound therefrom is not in excess of
plus twelve decibels with a six milli-watt reference level measured
across a five hundred ohm line; provided, that such wired music
systems shall be operated only between the hours of 11: 00 A.M. and
5: 00 P.M.
(n) The operation of any air-conditioning, mechanical ,
ventilating or refrigerating equipment in such condition or in such
a manner as to cause noises which disturb the peace and quiet of
the neighborhood.
(o) The use of mechanical loud-speakers or amplifiers in any
moving airplane or any other kind of aircraft over any part of the
city for advertising or other purposes.
(p) The operation of radios or tapeplayers or other
mechanical soundmaking devices or instruments in or upon a public
street, highway, building, sidewalk, park, thoroughfare or other
public area or located in or upon a public access area, such as a
shopping mall, parking lot, etc. if such sound can be heard from
more than fifty (50) feet, measured in a straight line from its
source.
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, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on February 2 , 1991 .
PASSED and ADOPTED this 23rd day of January
1991 .
•
f\rMAL,
,i,r)
VICE - MAYOR
Attest:
E,: fay FORM APPROVE
CITY CLERK LE AL D .
1st reading 1/9/91 6
2nd reading 1/23/91 By
Date f i _ I
•
OFFICE OF THE CITY ATTORNEY
624 ity elso
75,a7A
F L O R I D A
I�\P�1 9Fgc4,
•
•
LAURENCE FEINGOLD *1oRr RAM'*,
P.O.BOX O
CITY ATTORNEY �R ���'\y-• MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. J 1 1
DATE: JANUARY- 9,- 1991
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob W. Parkins
FROM: Laurence Feingold
City Attorney l/
SUBJECT: AMENDMENT TO MIAMI' BEACH CITY CODE SECTION 24-2 ENTITLED
"PROHIBITED NOISES"
Effective October 1, 1990, the State Legislature amended Florida
Statute §316. 3045 to prohibit the operation of radios or other
mechanical sound-making devices or instruments in vehicles
(pursuant to limitations set forth therein) ; unfortunately, this
recent legislative amendment did not extend to non-vehicular
operation of such mechanical sound-making devices. In view of the
great amount of citizen complaints generated to the Miami Beach
Police Department as a result of excessively loud noises on City
streets, the attached proposed ordinance has been prepared in an
effort to curb such nuisances, and to further what has already been
expressed as an intent of the State Legislature to minimize
excessive noises in the public domain.
LF/JKO/rg
Res.Ord/Sect24-2 .cm
23
AGENDA
ITEM � -
DATE ` 2. t '
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
•
S. 31e 316.3025 1990 SUPPLEMENT TO FLORIDA STATUTES 1989 s. 316.515
-nit to an inspection of tilt• ;lam Uniform Out-of-Service Criteria must be repaired (6) Any person aggrieved by the imposition of a civil
is. Any person who faileia .. returned to driving status, 'respectively,before being penalty pursuant to this section may apply to the Corn-
iest to submit to an inspft ',turned to service. mercial Motor Vehicle Review Board for a modification,
suilt of a violation of; -., (2) Any person who owns, operates, or causes or cancellation,or revocation of the penalty. The Commer-
e
e officer without violence; permits a commercial motor vehicle that has been cial Motor Vehicle Review Board may modify, cancel,
iriver resists the officer wit c. declared out-of-service pursuant to the North American revoke, or sustain such penalty.
id to be in an unsafe a uniform Out-of-Service Criteria to be driven before the History.—s.3,ch.87-270:s 2.ch.88-306:s.62,ch.89-282;s.25,ch 90-227.
? ' 'Note.—The word"respectively"was inserted by the editors to improve clarity.
x equipment is not prat pletion of required repairs is subject to the imposi-
adjustment, and the cort� of a penalty of$250 in addition to any other penal- 316.3045 Operation of radios or other mechanical
Ply present an unduly ilies imposed against him. Any person who operates a soundmaking devices or instruments in vehicles;
the officer may require c commercial motor vehicle while he is declared out-of- exemptions.—
)aired qr removed from •`service or removed from driving status pursuant to the (1) It is unlawful for any person operating or occupy-
ation would not present% North American Uniform Out-of-Service Criteria,or who ing a motor vehicle on a street or highway to operate or
condition, the officer mai ,` J.L causes or permits such out-of-service driver to operate amplify the sound produced by a radio, tape player, or
e proper repair and adj acommercial motor vehicle, is subject to the imposition other mechanical soundmaking device or instrument
4 days. of a penalty of $250 in addition to any other penalties from within the motor vehicle so that the sound is:
applicable to the transppn imposed against him. (a) Plainly audible at a distance of 100 feet or more
s.The rules and regulation, (3)(a) A civil penalty of$50 may be assessed for a from the motor vehicle: or
g of liquefied petroleum . violation of s. 316.3027.
treets of this state shall (b) A civil penalty of$100 may be assessed for: (b) Louder than necessary for the convenient hear-
Department of Insurance , 1. Each violation of the North American Uniform ing by persons inside the vehicle in areas adjoining
churches, schools, or hospitals.
-,r, transporters of liquefied Driver Out-of-Service Criteria;
A violation of s. 316.3022 b or c or (2) The provisions of this section shall not apply to
with the requirements of 49 • 2. ( )( ) ( ) any law enforcement motor vehicle equipped with
3. A violation of 49 C.F.R. s. 392.60. any
c A civil penaltyof communication device necessary in the performance of
-t apply to any nonpublic_ O $250 may be assessed for: law enforcement duties or to any emergency vehicle
1. A violation of the placarding requirements of 49
nt officer or any persona. C.F.R. Parts 171-179; equipped with any communication device necessary in
2, A violation of the shipping paper requirements of the performance of any emergency procedures.
e this section may issue a C.F.R. Parts 171-179; PP g p P q (3) The provisions of this section do not apply to
1y s. 316.650 to an allegedmotor vehicles used for business orpolitical purposes,
his section. 3. A violation of 49 C.F.R. s. 392.10; P P
31 s.1,ch.79-254:s.24,ch.82-18ks 4. A violation of 49 C.F.R. s. 395.5; which in the normal course of conducting such business
87-270:s.1,ch.e7-536;s.1,ch.8134 5. A violation of 49 C.F.R. s. 397.7; use soundmaking devices. The provisions of this sub
1,ch.90-200:ss.23,24.ch.90-223,1, section shall not be deemed to prevent local authorities,
6. A violation of 49 C.F.R. S. 397.13: or
,d11),effective subsection
bertive1991,tJuly .o Mtmit 7. A violation of 49 C.F.R. s. 397.15r with respect to streets and highways under their juris-
all commercial motor vehicles opel*h (d) A civil penalty of$500 may oe assessed for each diction and within the reasonable exercise of the police
,ubiect to the rules and regulationsaas violation of the North American Uniform Hazardous power, from regulating the time and manner in which
,e exception of 49 C.F.R.S.39051st such business may be operated.
and 391_111.as such rules and mgMaterials Out-of-Service Criteria.
(4) The
ions of
his
ction
not
ivil
re-
n any road.street,
por highway
ingand gaty to the
e may cbe assessed fory not exceede
noise made by ashorn ortotherewarning device prlequuired
dlabeling
and178. hazardous The requirements aerials of this duct of terminal audits pursuant to s. 316.302(5). or permitted by s.316.271.The Department of Highway
-its of this chapter for commercial meg (4) Whenever any person or motor carrier as defined Safety and Motor Vehicles shall promulgate rules defin-
nchapter 320 violates the provisions of this section and ing "plainly audible" and establish standards regarding
dnotappearintheCodeofFeder becomes indebted to the state because of such viola- how sound should be measured by law enforcement •
(paragraphs(a)and(e)ofsubsecdalal bon and refuses to paytheappropriate enalt the en Personnel who enforce the provisions of this section.
penalty, P History.—s.1,ch.90-256.
tercial motor vehicle solely in intr.rw ally becomes a lien upon the property including the
material
and ibi6.not
person whoo�ai motor vehicles of such person or motor carrier and may 316.515 Maximum width, height, length.—
ate commerce and within a 150 a'- be foreclosed by the state in a civil action in any court (1) WIDTH LIMITATION.—The total outside width of
aserrtti uis ltueral,porrf estry products49 C.F.R.2Part 91. of this state. It shall be presumed that the owner of the any vehicle or the load thereon may not exceed 102
'firs point oies,ror sing,or an incindif
implements motor vehicle is liable for the sum• and the vehicle may inches, exclusive of safety devices determined by the
be detained or impounded until the penalty is paid. department to be necessary for the safe and efficient
•
(5)(a) Any officer or agent collecting the penalties operation of motor vehicles. Except for highways on the
`nposed pursuant to this section shall give to the owner, tandem trailer truck highway network, public roads not
, a person who operates a candle* motor Carrie(, or driver of the vehicle an official receipt having traffic lanes designed to be 12 feet or more in
�e is exempt from subsection(1)'
ocessinghorticultural
or torage orrf omarrrrat�lr br all penalties collected from him. Only an officer or width, public roads deemed unsafe for wider vehicles,
:ch person must comply with 49.FA' agent of the Department of Transportation is authorized and public roads on which such wider vehicles are
19 and 391.111,and Parts 392,39ir�t1 1 'bcollect the penalty provided by this section.Such offi- determined not to be in the interest of public conven-
or agent shall cooperate with the owner or driver of ience shall,in conformance with s.316.006,be restricted
°c- _le motor vehicle so as not to unduly delay the vehicle. by the Department of Transportation or by the local
<;(b) All penalties imposed and collected under this authority to use by vehicles not exceeding 96 inches in
vehicle that is found tolls ;`lection by any state agency having jurisdiction shall be total outside width, including the load thereon.
condition as to be declared ,' id to the Treasurer, who shall credit the total amount (2) HEIGHT LIMITATION.—No vehicle may exceed a
leclared out-of-service lected to the State Transportation Trust Fund for use height of 13 feet 6 inches, inclusive of load carried
Pursuant to the North At>tei` 'repairing and maintaining the roads of this state. thereon. However, an automobile transporter may, with
733
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