Ordinance 91-2756 ORDINANCE NO. 91-2756
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
REPEALING MIAMI BEACH CITY CODE CHAPTER 24, ENTITLED
"NOISES"; CREATING A NEW CHAPTER 24, ENTITLED
',NOISE", PROHIBITING LOUD AND RAUCOUS NOISE WITHIN
THE CITY OF MIAMI BEACH; ESTABLISHING MAXIMUM
PERMITTED SOUND LEVELS FOR LIVE AND AMPLIFIED MUSIC;
ESTABLISHING MAXIMUM PERMITTED SOUND LEVELS FOR
NOISE CREATED BY AIR CONDITIONING UNITS AND OTHER
MECHANICAL EQUIPMENT; ESTABLISHING ENFORCEMENT
PROCEDURES FOR MEASUREMENT OF SOUNDS; PROVIDING FOR
EXEMPTIONS FROM THE NOISE PROHIBITIONS; PROVIDING
FOR TEMPORARY PERMITS FOR CERTAIN NOISES; PROVIDING
PENALTIES FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT;
PROVIDING THAT UNPAID FINES SHALL CONSTITUTE A LIEN
UPON REAL AND PERSONAL PROPERTY AND AUTHORIZING
RECOVERY OF UNPAID FINES BY FORECLOSURE AND OTHER
LEGAL PROCEEDINGS; PROVIDING FOR INJUNCTIONS TO
ABATE NOISE NUISANCES; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1. Findings.
That the City Commission of the City of Miami Beach, Florida makes
the following findings:
(a) Excessive sound is a serious hazard to the public health
and welfare, safety, and the quality of life of citizens of the
City of Miami Beach.
(b) Citizens of the City of Miami Beach have appeared before
the City Commission to inform the Commission that excessively loud
noise continually disturbs their repose in their residences, to the
detriment of their health and well being, and that such noise also
interferes with the lawful operation of hotels and other businesses
in the community.
(c) Unnecessary loud and raucous noise constitutes a nuisance
in the City of Miami Beach.
(d) Many citizens have requested that the City update its
ordinance regulating noise and provide for penalties and
enforcement procedures to better control harmful noise within the
City.
(e) The City Commission recognizes the contribution of
musicians and musical entertainment to the culture and enjoyment of
residents and to the tourist industry in the community and the
rights of individuals to express themselves, communicate with
others; and engage in lawful business activities.
(f) The type of sounds currently generated within the City of
Miami Beach and other municipalities contains many low frequency
sounds emitted by the widespread use of air conditioners, traffic
and the composition and style of popular music. Low frequency
sounds are best measured by use of a C-scale.
(g) The restrictions established herein are based upon
development patterns within the City, noise complaints received by
City departments, ambient Noise levels measured in the areas of the
complaints and expert technical advice.
(h) The restrictions contained herein will preserve the
rights of individuals to communicate and express themselves and
operate businesses while also protecting the rights of all
citizens and visitors in Miami Beach to be free from excessive
noise disturbances in their hotel rooms, residences and businesses.
(i) The provisions contained herein are the minimal
restrictions necessary to preserve the health, safety and welfare
of residents and visitors in the City of Miami Beach.
(j ) Property owners who desire to reduce the levels of sound
heard within their premises have available many methods of
attenuation such as sealing around windows and air conditioning
units, increasing window glass thickness and other methods as
recommended by the United States Department of Housing and Urban
Development.
Section 2 . Repeal of Chapter 24
That Miami Beach City Code Chapter 24 , entitled "Noises" is
hereby repealed.
Section 3.
That a new Miami Beach City Code Chapter 24, entitled "Noise"
is hereby created to read as follows:
CHAPTER 24
NOISE
§ 24-1. Intent.
§ 24-2 . Definitions.
§ 24-3 . Prohibited noises.
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§ 24-4 Measurement Procedures.
§ 24-5. Exemptions.
§ 24-6. Temporary permits.
§ 24-7 . Violators; presumptions
§ 24-8r Enforcement by Code Inspectors; notice of
violation.
§ 24-9 . Civil fines for violations.
§ 24-10. Rights of violators; payment of fine; right to
appeal; failure to pay civil fine, or to appeal.
§ 24-11. Recovery of unpaid fines; unpaid fines to
constitute a lien; foreclosure.
§ 24-12 . Additional remedies; injunction.
Sec. 24-1. Intent
Loud and Raucous Noise which disturbs the comfort, health,
peace, safety and welfare of Persons within the City of Miami Beach
constitutes a nuisance.
The provisions contained herein will protect the rights of
citizens and visitors to be free from excessive Noise disturbances
in their Residences, hotel rooms and Business Establishments while
at the same time preserving the rights of individuals to express
themselves, communicate, and engage in lawful business activities.
Sec. 24-2 . Definitions.
The following words and phrases shall have the following
meanings when used in this Chapter:
Business Establishment. A building or structure occupied for
a Use relating to commerce, having profit as a goal; provided,
however, this term shall not be construed to include any Residence
whether or not used for profit.
City. The City of Miami Beach, Florida.
City Manager. The City Manager of the City of Miami Beach.
Code Inspector. An employee of the City of Miami Beach whose
duty it is to assure code compliance, including but not limited to
inspectors of the City' s Code Enforcement Department and police
officers.
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Complainant. Any owner, lessee, manager or Person with a
legal interest in a Receiving Property who requests a measurement
of Sound Level and is disturbed by a Sound heard upon the Receiving
Property and not originating therefrom.
Decibel (dB) . A unit of measure, on a logarithmic scale to
the base 10, of the ratio of the magnitude of a particular Sound
Pressure to a standard reference pressure, which for purposes of
this Chapter, shall be 20 micronewtons per square meter.
Emergency Work. Any work performed for the purpose of
preventing or alleviating physical trauma or property damage
threatened or caused by an existing or imminent peril .
Leq. Is a calculation of the equivalent continuous Sound
Level generated by a particular varying Noise Source over a
specified period of time as sampled by an integrating Sound Level
Meter.
Loud and Raucous Noise. Any Sound which, because of its
volume level, duration or character disturbs or injures the
comfort, health, peace or safety of reasonable persons of ordinary
sensibilities within the City of Miami Beach. (Unless specified
otherwise in this Chapter, the term shall be limited to Sounds
heard across a Property Line. )
Noise-sensitive Areas. Those areas of a Residence or Business
Establishment where a Complainant is disturbed by Noise.
Parade. Any march or procession consisting of persons,
animals, vehicles or any combination thereof, traveling upon any
public way, within the territorial jurisdiction of the City.
Person. Any individual, corporation, partnership,
association, other legal entity or any agent or employee thereof.
Plainly Audible. The information content of the Sound is
unambiguously communicated to the listener including, but not
limited to understandable words, comprehensible musical rhythms,
beat or cadence.
Property Line. An imaginary line along the ground surface,
and its vertical extension, which separates the real property owned
by a Person from that owned by another Person, but not including
intra-building real property divisions.
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Receiving Property. Residence or Business Establishment onto
which Sound, not originating from within that Property Line, is
traveling.
Residence. An occupied home or dwelling place, including
single and multiple family homes, townhomes, apartments,
condominium dwelling units, hotel and motel rooms.
Sound; Noise. An oscillation in pressure, stress, particle
displacement, particle velocity or other physical parameter, in a
medium with internal forces. The description of Sound may include
any characteristic of such Sound, including duration, intensity and
frequency.
Sound Level . Sound pressure measured in Decibels with a Sound
Level Meter set for C-weighting. Sound Level is expressed in
dB(C) .
Sound Level Meter. An instrument which measures fluctuations
in air pressure and which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting
networks used to measure Sound Pressure Levels.
Sound Pressure. The instantaneous difference between the
actual pressure and the average of barometric pressure at a given
point in space, as produced by Sound energy.
Sound Source. The physical object from which Sound emanates,
including but not limited to a loudspeaker, a Sound-producing
instrument, a pump, air conditioner or other piece of machinery or
a Person.
Special Event. An activity of a temporary nature which cannot
be performed in compliance with Section 24-3 of this Chapter and
which has been permitted pursuant to Section 24-6.
Use. Any purpose for which a building or structure or land
may be arranged, designed, intended, maintained or occupied or any
occupation, business, activity, or operation carried on or intended
to be carried on in a building or other structure or on land.
Violator. Person or entity responsible for a violation of
chapter 24 of the Miami Beach City Code.
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Sec. 24-3 . Prohibited noises.
Except as expressly permitted herein no Person shall make
continue or cause to be made or continued any Loud and Raucous
Noise in the City. The following Noises among others are declared
to be Loud and Raucous in violation of this Section, when they
disturb the peace and comfort of inhabitants of Residences and
Business Establishments; but this enumeration shall not be deemed
to be exclusive, namely:
(a) The sounding of any horn or signal device on automobiles,
motorcycles, buses or other vehicles except as a danger signal; 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 unreasonable period of time.
(b) 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 Sounds.
(c) The creation of any unnecessary Sound on any street
adjacent to any school, institution of learning or court while the
same are in session, or adjacent to any hospital, which by virtue
of its volume, duration and intensity unreasonably interferes with
the workings of such institutions, provided conspicuous signs are
displayed indicating that there is a school, court or hospital on
said street.
_(d) The keeping of any animal or bird which causes, frequent
or long continued Sound which is Plainly Audible in a Business
Establishment or Residence other than the one from which the Sound
originates.
(e) The shouting, and crying of peddlers, hawkers, or other
Persons which disturbs a Person of normal sensibilities inside a
Residence or Business Establishment other than one from which the
Sound source originates.
(f) The explosion of firecrackers, skyrockets, Roman candles,
pinwheels or any other form of fireworks.
(g) The blowing of steam, air whistles, or other signalling
devices.
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(h)_ 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 Sound therefrom.
(i) Noise caused by the operation of bottling works, dairies,
factories, machine shops and other similar industries or
enterprises, between the hours of 11: 00 p.m. and 7 : 00 a.m.
(j ) The use or operation of any receiver sets, television
sets, musical instrument, phonograph, loudspeaker, sound amplifying
device or other machine or device, stationary or movable, that
produces Sound, or devices for the production or reproduction of
Sound or the creation of any Sound level of Noise, music or voice
greater than the following Sound Pressure Levels:
Decibels
Day of Week Time (C-Scale)
Monday - Friday_ 12 : 01 a.m. - 8: 00 a.m. 65
8 : 01 a.m. - 12 : 00 midnight 75
Saturday, Sunday and
National Holiday 2 : 01 a.m. - 8 : 00 a.m. 65
8: 01 a.m. - 2 : 00 a.m. 75
_(k) The operation of any air-conditioning, mechanical,
ventilating, refrigerating equipment, pump or machinery and
equipment of similar nature which exceeds the Sound Pressure Level
of 65 dB - C scale at the property line of the lot from which the
Sound Source is located.
(1) The operation of radios or other mechanical soundmakinq
devises or instruments in vehicles is hereby regulated and
controlled by Section 316. 3045, Fla. Stat. , a copy of which is
available in the City Clerk' s office.
(m) The operation of radios or tapeplayers or other
mechanical soundmaking devises 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
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source. Except that this subparagraph shall not apply to sounds
originating from Business Establishments located upon public
property pursuant to a lease.
Sec. 24-4 . Measurement Procedures.
(a) Sound Level measurements will be conducted as described
in the Sound Level Meter manufacturer' s instructions.
(b)_ The Sound Level Meter shall conform to the specifications
for ANS-S1. 4 (1983) Type 1.
(c) All Sound Pressure Level measurements will be taken on
the outside of the building which is the Receiving Property at a
distance of six (6) feet from the Noise-sensitive Area, i. e. ,
bedrooms, etc. , and in the direction of the predominate Noise
Source.
(d) All Sound Pressure Level measurement will be conducted to
obtain an average of the Sound for the particular activity taking
place during the time of measurement (Leg) ; the Code Inspector
operating the Sound Level Meter shall take the measurements over a
time base appropriate to the Noise Source and surrounding
conditions.
(e) The C-Weighted Scale will be used at all times, for all
Sound Pressure Level measurements.
Sec. 24-5. Exemptions.
The following uses and activities shall be exempt from Section
24-3 :
(a) Cries for emergency assistance and warning calls.
(b) Radios, sirens, horns and bells and other Sounds created
by police, fire and other emergency response vehicles.
(c) Parades, fireworks displays, Special Events and other
activities for which a permit has been obtained from the
City, within such hours and in accordance with such
restrictions as may be imposed as conditions for the
issuance of the permit.
(d) Activities on or in municipal and school athletic
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facilities and on or in publicly owned property and
facilities, when such activities have been authorized by
the owners of such properties or facilities or their
agents; except where such publicly owned properties are
under private operation pursuant to a lease or concession
agreement.
(e) Fire alarms and burglar alarms, bells and chimes of
churches or other religious institutions.
(f) Locomotives and other railroad equipment, and aircraft.
(g) Noises resulting from Emergency Work.
(h) Any Noise resulting from activities of a temporary
duration permitted pursuant to Section 24-6 herein.
(i) Motor vehicles as defined in Section 320. 01, Florida
Statutes (1989) , as may be amended, when operated and
equipped in accordance with requirements set forth in the
Florida Statutes.
Sec. 24-6. Temporary permits.
(a) The City Manager or his designee is hereby authorized to
issue a temporary permit effective for a period of time not
exceeding seven (7) days to allow Noise prohibited by Section 24-3
when produced by a temporary Use or activity which does not
significantly endanger the health, safety or welfare of the
community. Such relief may be granted in situations where
additional time is required for the applicant to modify his
activity to comply with this Chapter, or the activity or Sound
Source is of a highly temporary nature and the activity cannot be
performed in a manner that will comply with this chapter, or if no
reasonable alternative is available to the applicant. The City
Manager or his designee may prescribe any conditions he deems
necessary to minimize any adverse effect upon the community. A
permit granted hereunder shall contain all conditions upon which
the permit has been granted and shall specify a reasonable time
period not to exceed seven (7) days, during which the permit shall
be in effect. No more than three (3) temporary permits for the
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conduct of Special Events which extend past 11: 00 p.m. and which
violate the prohibitions in Section 24-3 shall be issued for a
particular location within any twelve (12) month period, except
that additional temporary permits may be issued for Special Events
which are of community-wide interest and public benefit.
(b) Notwithstanding paragraph (a) , Parades must be permitted
only according to the procedures set forth in Section 39-7 of the
Miami Beach City Code.
Sec. 24-7 . violators; presumptions.
(a) For purposes of this Chapter, anv Person(s) having
responsibility for management of a business premise, however
temporarily, who is present on said premises, and the business as
named on the license, shall be presumed to have control of, and to
be causing or maintaining, all Sound emanating from the Business
Establishment. This presumption can be rebutted upon evidence
establishing that such Person(s) has undertaken all reasonable
steps to abate the unlawful Sound.
(b) For purposes of this Chapter, any performer producing
amplified Sound upon any business premises, shall be presumed to
have control of, and to be causing or maintaining, all amplified
sound produced by him and by all other Persons producing amplified
sound in concert with him. This presumption can be rebutted upon
evidence establishing that such Person(s) has undertaken all
reasonable steps to abate the unlawful Sound.
Sec. 24-8. Enforcement by Code Inspectors; notice of
violation.
If a Code Inspector receives a complaint from a Complainant
regarding a violation of this Chapter he shall investigate the
complaint and determine whether the violation exists. If the Code
Inspector then observes a violation of this Chapter, said Inspector
shall issue a notice of violation to the Violator(s) as provided in
chapter 9B of this Code.
The notice shall inform the violator(s) of the nature of the
violation, amount of fine for which the Violator(s) may be liable,
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instructions and due date for paying the fine, notice that the
violation may be appealed by requesting an administrative hearing
within twenty (20) days after service of the notice of violation,
and that failure to do so shall constitute an admission of the
violation and waiver of the right to a hearing. The notice shall
also inform the Violator that repeat violations of this Chapter
will result in the imposition of larger fines and may also result
in revocation of occupational license and/or Certificate of use
and/or injunctive proceedings as provided by law.
Sec. 24-9. Civil fines for violation.
The following civil fines shall be imposed for violations of
this chapter:
First citation = $100 fine
Second citation = $250 fine
(within thirty (301
days of the first
citation)
Third citation = $500 fine and hearing
(within thirty (30) before a hearing officer
days of the first required and possible
citation) institution of
proceedings to:
1) revoke occupational
license,
2) revoke certificate of use
and/or
3) enjoin a nuisance.
Sec. 24-10. Rights of Violators; payment of fine; right to
appeal; failure to pay civil fine, or to
appeal.
(1) A Violator who has been served with a notice of violation
shall elect either to:
(a) Pay the civil fine in the manner indicated on the
notice; or
(b) Request an administrative hearing before a hearing
officer to appeal the decision of the Code
Inspector which resulted in the issuance of the
notice of violation.
(2) The procedures for appeal by administrative hearing of
the notice of violation shall be as set forth in Section 20-29 of
the Miami Beach City Code as it may be amended, from time to time.
(3) If the named Violator after notice fails to pay the civil
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fine or fails to timely request an administrative hearing before a
hearing officer, the hearing officer shall be informed of such
failure by report from the Code Inspector. Failure of the named
Violator(s) to appeal the decision of the Code Inspector within the
prescribed time period shall constitute a waiver of the
violator(s) ' right to administrative hearing before the hearing
officer. A waiver of the right to an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly.
(4) Any party aggrieved by the decision of an administrative
hearing officer may appeal that decision to a court of competent
jurisdiction as provided in Section 162 . 11, Florida Statutes.
Sec. 24-11. Recovery of unpaid fines; unpaid fines to
constitute a lien; foreclosure
(1) The City of Miami Beach may institute proceedings in a
court of competent jurisdiction to compel payment of civil fines.
(2) A certified copy of an order imposing a civil fine may be
recorded in the public records and thereafter shall constitute a
lien upon any other real or personal property owned by the
violator(s) and it may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the
personal property, but shall not be deemed to be a court judgment
except for enforcement purposes. After two (2) months from the
filing of any such lien which remains unpaid, the City of Miami
Beach may foreclose or otherwise execute on the lien.
Sec. 24-12 . Additional remedies; injunction.
(a) Violations of Sections 24-3 and 24-4 which endanger the
comfort, repose, health, safety and peace of residents of Miami
Beach are declared to be a public nuisance and the City is
authorized to pursue any and all remedies therefor including but
not limited to seeking an injunction in a court of competent
jurisdiction.
(b) Nothing herein shall be construed to limit any private
right of action.
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a
(c) This Chapter shall not be construed to limit pursuit by
the City of any remedies available pursuant to Chapters 8 and 20 of
the Miami Beach City Code as same may be amended from time to time.
Sec. 24-13. Review of Ordinance.
The Miami Beach City Commission shall review and evaluate the
effectiveness of this ordinance within ninety (90) days from the
date of the passage.
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. Repealer.
That all Ordinances or parts Ordinances in conflict herewith be and
the same are hereby repealed.
Section 6. Effective Date.
This Ordinance shall take effect on the 5th day of October
1991.
PASSED and ADOPTED this 25th day of Septem.er
1991. /
MA OR
ATTEST:
CITY CLERK
1st reading 9/11/91
2nd reading 9/25/91
FORM APPROVED
s:s:sif LEGAL DEPT.
a:\noise6.Ord
Date JO
13
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FLORIDA 3 3 1 3 9
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1* INCOAN1OAATED)*s' "VACATIONLAND U. S. A.
k S9gC 16 �i,
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. /) -9J RE v/S-6'D
DATE: September 11, 1991
TO: Mayor Alex Daoud and
Members of the City Co ission
FROM: Carla Bernabei Talarico J#
City Manager
SUBJECT: NOISE ORDINANCE
The City Administration has been developing a noise ordinance to be
applied on a city-wide basis for a temporary period and until such
time as a comprehensive review of a City noise ordinance based upon
appropriate planning and zoning principles can be recommended by
the Miami Beach Planning Board. The attached ordinance represents
the culmination of the staff's work on this item.
Since May 1991, an ad hoc committee to develop a noise ordinance,
chaired by Commissioner William Shockett, has been meeting to
develop an ordinance relating to noise. The committee has met six
times during this period, including two evening meetings on Ocean
Drive when various noise levels were sampled with the assistance of
a sound engineer who was retained by the City of Miami Beach.
During the meetings, various ordinances, times, distances and
decibel levels were reviewed in order to develop an ordinance
acceptable to area businesses and residents alike. Participants in
Y.. this meeting included representatives of Ocean Drive businesses,
1 representatives of residential properties located on Ocean Drive
and Collins Avenue, and residents residing within the Ocean
Drive/Collins Avenue Area.
Additionally, the City's sound engineer has tested noise levels in
the Ocean Drive/Collins Avenue area and has prepared a report
outlining his findings regarding the levels and types of noise
emitting from establishments on Ocean Drive. Further, the sound
engineer has worked with City staff to develop a decibel-based
noise ordinance. Finally, the sound engineer has recommended and
tested decibel levels to be established for the City in order to
measure their impact on Ocean Drive, surrounding properties and
other residential areas.
At the City Commission meeting of July 10, 1991, Commissioners
requested that an ordinance be prepared which measures noise levels
inside the premises of the receiving property. After discussions
with the City's sound engineer, it was determined that this
measurement technique was not practical and required significantly
_ lower decibel ratings, in the order of 45-50 decibels in order to
3 strike a balance.
At present, due to the complexity of the noise problem found on
Ocean Drive, it is recommended that the City Commission establish
a temporary ordinance effective on a city-wide basis until such
time as the planning board may review a permanent ordinance to be
- designed based upon sound planning and zoning principles.
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AGENDA
ITEM 'D
DATE 9'72,5-9Y
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The proposed ordinance presented to the City Commission establishes
a decibel level of 68 decibels as measured in the C scale (dbC) on
the outside of properties receiving sound after the hours of 12
o'clock midnight on weekdays (Monday - Friday) and after 2:00 A.M.
on Saturdays, Sundays and national holidays. At all other times,
the proposed noise ordinance recommends that sound not exceed 80
decibels. These hours were selected in order to balance the needs
of the residents during sleeping hours with the needs of businesses
to conduct activities during peak business periods on Ocean Drive.
The ordinance also contains methods and procedures for measuring
sound from a receiving property such that individuals who complain
about excessive noise would notify the City so that the City's code
enforcement officers could utilize a sound level meter to measure
the sound levels which are occurring at the receiving property.
The ordinance also provides for civil fines which escalate from
$100 for the first citation to $500 for a third citation occurring
within 30 days of the first citation, as well as a hearing
procedure requiring possible institution of proceedings to revoke
an occupational license, revoke a certificate of use, and/or enjoin
a nuisance against any establishment which violates the ordinance
three or more times within 30 days. Finally, the ordinance
provides for temporary permits to conduct events that may not
achieve the standards for sound established in the ordinance.
It should be noted that this ordinance is designed to provide
acceptable levels of sound which may be received by residential
and/or commercial properties within the City of Miami Beach.
Presentations by the sound engineer at the public meetings and
during discussions and review with City staff indicate that these
sound levels may be adequately achieved only if physical
improvements are made to contain excessive sound levels within the
confines of the property creating sound. Likewise, it is important
to note that there are numerous methods of noise attenuation
available to property owners who desire to reduce the levels of
sound heard within their premises. In the MXE zoning district, it
is highly desirable that new and existing residential properties
utilize these noise attenuation methods to lessen the effect of
sound received at these properties.
It is recommended that the Planning Board review this ordinance and
other design and building elements that may be required to ensure
that future projects in MXE zoning districts, as well as throughout
the City of Miami Beach, be constructed with materials and in such
a manner that allows for the control, direction, and containment of
noise within property limits and within appropriate structures and
that residential structures built within MXE districts be designed
in such a manner as to provide a high level of noise attenuation
and sound absorbing materials.
Administration Recommendation:
It is recommended that the City Commission approve the attached
ordinance and direct the Planning Board to develop a permanent
noise ordinance based upon planning and zoning practices.
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