LTC 571-2017 Automatic Sunsetting for the Noise Ordinance for OcMIAMIBEACH
OFFICE OF THE CITY ATTORNEY
LTC No. #
571-2017
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, City Attorney g gr;
CC: Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
DATE: November 29, 2017
SUBJECT: Automatic Sunsetting for the Noise Ordinance
Exemption for Ocean Drive
The Mayor and City Commission adopted Ordinance No. 2017-4114 on July 26, 2017,
which amended the City's Noise Ordinance by deleting the exemption for "live or amplified
sound projecting east of the east property line from each property ... from 5th Street to
15th Street on the west side of Ocean Drive,." A copy of the executed Ordinance is
attached hereto as Exhibit "A."
The Mayor and City Commission determined that Ordinance No. 2017-4114 will
automatically sunset and stand repealed on December 6, 2017 (approximately four months
after the adoption of the Ordinance). The automatic sunset of this provision would again
permit live or amplified sound that is projected east from those properties located on Ocean
Drive, between 5th and 15th Streets, and the City's Noise Ordinance would not be
enforceable throughout this portion of the City (The Ocean Drive properties would once
again be exempt from the restrictions of the Noise Ordinance).
Please notify the City Clerk if the Mayor or any member of the City Commission wishes to
sponsor a permanent amendment to the Noise Ordinance (removal of the exemption) for
those properties located on Ocean Drive, which may be placed on the December 13, 2017
City Commission meeting agenda for first reading.
ORDINANCE NO. 2017-4114
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46
OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-157, ENTITLED
"EXEMPTIONS," WHICH MODIFIES THOSE IDENTIFIED
EXEMPTIONS THAT WOULD CONSTITUTE UNNECESSARY
AND EXCESSIVE NOISE THAT IS PROHIBITED WITHIN SECTION
46-152; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, 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 Commission discussion and community
meetings to address modified enforcement and legislative solutions; and
WHEREAS, the noise disturbances along Ocean Drive, between 5th Street and
15th Street, have culminated in the overwhelming degradation of this iconic stretch of the
City and has caused far-reaching implications upon the City's emergency services and
responders; and
WHEREAS, the Mayor and City Commission have identified the need for more
effectively addressing noise disturbances along this portion of Ocean Drive, which noise
disturbances are predominately generated by radios, televisions, musical instruments,
phonographs, and other machines or devises which produce or reproduce sound; and
WHEREAS, this provision herein is deemed necessary to protect the public health,
safety and welfare, and to address the actual, material and on-going disruptions caused by
amplified sound in the City by persons or entities violating the Noise Ordinance; and
WHEREAS, the amendment to this Ordinance will serve to further address the noise
concerns of the City, its residents and visitors along this iconic stretch of Ocean Drive.
NOW, THEREFORE, BE R DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 46-157 of Article IV, entitled "Noise," of Chapter
46, entitled "Environment," of the Code of the City of Miami Beach, Florida, is hereby
amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE IV. NOISE
*
EXHIBIT
Sec. 46-157. Exemptions.
The following uses and activities shall not constitute unnecessary and excessive
noises prohibited in section 46-152:
(1) Cries for emergency assistance and warning calls.
(2) Radios, sirens, horns and bells and other sounds created by police, fire and
other emergency response vehicles.
(3) Parades, fireworks displays, and other activities for which a permit has been
obtained from the city, pursuant to section 46-156, within such hours and in
accordance with such restrictions as may be imposed as conditions for the
issuance of the permit.
(4) Authorized activities on or in municipal or publicly owned properties and
facilities, except where such publicly owned properties or facilities are
under private operation or use, unless the city manager or the city
manager's designee has specifically authorized an exemption from this
section, which exemption will be subject to specific requirements consistent
with the administrative guidelines approved by separate resolution of the city
commission.
(5)
Fire alarms and burglar alarms, bells and chimes of churches or other
religious institutions; however, false burglary alarms shall be subject to
enforcement procedures and penalties as set forth in article II of chapter 42.
(6) Locomotives and other railroad equipment and aircraft, to the extent that city
regulation is preempted by federal law.
(7) Noises resulting from emergency work.
(8) Any noise resulting from activities of a temporary duration permitted pursuant
to section46-156.
(9) Noise generated by motor vehicles as defined in F.S. § 320.01 when
operated and equipped in accordance with requirements set forth in the Florida
Statutes.
(10) Noise resulting from the operation of vessels when operated in compliance
with the decibel limitations in F.S. § 327.65. However, noise exceeding the
limitations set forth in F.S. § 327.65 shall be subject to enforcement and
penalties as set forth in F.S. ch. 327.
(11) Live or amplified sound projecting east of the east property line from
each property from 1st Street to 5th Street on the east side of Ocean Drive,
from 5th Strect to 15th Street on the west side of Q cocn Drive, from
15th Street to 73rd Street on the east side of Collins Avenue, from 73rd to
75th Streets on the west side of Ocean Terrace, and from 76th to 87th
Streets on the east side of Collins Avenue. This exemption shall only apply
2
to noise that is received in that area located east of the violating property
and between the north and south projections of its property boundaries and
where there is no part of any residential building or structure on any
property to the east of the violating property unless the building or structure
to the east is owned by the violator. Any noise received by a property that is
outside of this area shall subject the violator to the enforcement provisions of
this article.
Note. That nortion of Suhsection 46-157(111 oertainina to The deletion of the exemption
for live or amplified sound oroiectina east of the east orooerty line from each orooerty
from 5th Street to 15th Sfrt on the west side of Ocean Drive shall stand automatically
reoealed on December 6. 2017. without further action reauired .nf the City ommission.
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 , 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 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the CO 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 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days followingadoption.
PASSEDANDADOPTEDthis a6 day of Jur'//,
ATTEST:
RAFAEL E. GRANADO, CITY CLE
Double underline denotes new lan
(Sponsored by Mayor Philip Levi
* .INCORP ORATED: ll
APPROVED AS TO
FORM & LANGUAGE
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City Niamey