Ordinance 95-2982 ORDINANCE NO. 95-2982
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING MIAMI BEACH CITY CODE
CHAPTER 24, ENTITLED "NOISE" IN ITS ENTIRETY AND CREATING
A NEW CHAPTER 24, ENTITLED "NOISE" ; PROHIBITING
UNREASONABLY LOUD OR DISTURBING NOISE; PROVIDING FOR
EXCEPTIONS TO THE NOISE PROHIBITIONS; PROVIDING FOR
TEMPORARY PERMITS TO EXCEED NOISE LIMITATIONS; PROVIDING
LIMITATIONS UPON SOUNDS MADE ON PUBLIC STREETS AND
SIDEWALKS AND REQUIREMENTS FOR LIVE OUTDOOR MUSIC;
PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS
INCLUDING SUITS FOR ABATEMENT OF NUISANCES BY THE CITY
AND/OR CITIZENS; PROVIDING FOR A REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, unreasonably loud and raucous noise can have adverse
effects on the health of residents of the City of Miami Beach; and
WHEREAS, citizens have expressed to the City Commission their
desire for protection from uninvited noise in their homes which
disturbs family privacy and domestic tranquility; and
WHEREAS, the City of Miami Beach includes several long
established residential buildings, homes and hotels wherein the
residents have been unreasonably disturbed by excessive noise on
numerous occasions; and
WHEREAS, the City of Miami Beach strives to protect its
residents and businesses from unreasonably loud noise; and
WHEREAS, previously adopted ordinances utilizing decibel
readings have been ineffective in curbing unlawful noise levels;
and
WHEREAS, experience with the existing decibel-based noise
ordinance has shown that there are so many sources of sound
affecting receiving properties it is difficult if not impossible to
distinguish the multiple sources and ambient levels in order to
enforce the ordinance; and
WHEREAS, obtaining an accurate decibel reading at a receiving
property which is sustainable in a court of law is very difficult
and complex due to ambient noise levels and other factors which the ,
City did not realize at the time the City adopted a decibel-based
ordinance; and
WHEREAS, the City of Miami Beach seeks to prohibit
unreasonable and disruptive noise, including but not limited to the
kind and degree of sound amplification that is clearly incompatible
with the normal activities of certain locations at certain times .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. REPEAL OF CURRENT MIAMI BEACH CITY CODE CHAPTER 24 .
That the current Miami Beach City Code Chapter 24, entitled
"Noise" is hereby repealed in its entirety.
SECTION 2 . CREATION OF NEW CITY CODE CHAPTER 24.
That a new Miami Beach City Code Chapter 24, entitled "Noise"
is hereby created to read as follows :
CHAPTER 24
NOISE
Sec. 24-1. Definitions.
For purposes of this Chapter, the following words and phrases
shall have the following meanings :
Amplified sound. Sound augmented by any electronic means
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which increases the sound level or volume .
Code Inspector. An authorized employee or agent of the City
of Miami Beach whose duty it is to ensure code compliance,
including but not limited to inspectors of the City' s Code
Enforcement Division and police officers .
Complainant. Any owner, lessee, manager or person with a
legal interest in a Receiving Property who reports being disturbed
by sound heard inside of a residence or place of business upon the
Receiving Property and not originating therefrom.
Emergency work. Any work performed for the purpose of
remedying conditions which create an imminent peril to life, health
or property.
Person. Any individual, corporation, partnership,
association, other legal entity or any agent or employee thereof .
Plainly audible. The sound can be clearly heard by a person
of normal sensibilities using only unaided auditory senses .
"Plainly audible" shall refer to a sound heard at a volume level
above that of normal conversation and shall not include sounds
which are just barely audible . With respect to music the detection
of a rhythmic base reverberating type sound, beat or cadence shall
be deemed "plainly audible" .
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 .
Receiving property. Any Residence or place of business into
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which sound, not originating therefrom, is travelling.
Residence. Any occupied room or rooms connected together
containing sleeping facilities, including single and multiple
family homes, townhomes, apartments, condominium units, hotel and
motel rooms .
Sound source. The place from which sound emanates, including
without limitation a speaker, loudspeaker, or other sound-producing
instrument or person.
Special Master. A hearing officer appointed pursuant to
Chapter 9B of the City Code .
Unreasonably loud. Uninvited Noise shall be deemed
"unreasonably loud" if it is Plainly Audible inside of a Receiving
Property across a Property Line .
Uninvited noise. Noise not originating on the Receiving
Property.
Sec. 24-2 . Unreasonably Loud Noise Prohibited.
At all times, it shall be unlawful for any Person or business
to cause or permit to originate from the real property he/she/it
controls any sound which crosses a real property line at a volume
which is Unreasonably Loud.
Sec. 24-3 . Responsibility for Compliance.
For purposes of Sections 24-2 through 24-4 any Person (s)
owning or having responsibility for management of a business
premise, however temporarily, any performer or disc jockey
producing sound upon any business premises, any person playing
music, any person having control of volume knobs or levels, and the
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business as named on the occupational license, shall be jointly and
severally liable for compliance with this Chapter and shall be
responsible for any violations of this Chapter.
Sec. 24-4 . Additional Sound Limitation For Public Property.
No Person shall on any public street or sidewalk, beach or
park use, operate, or play any radio, phonograph, stereo set, tape
or CD player, television, sound amplifier, or other electronic
audio device which produces or reproduces Amplified Sound, at a
level which is Plainly Audible at distance of more than ten (10)
feet from the Sound Source .
Sec. 24-5 . Temporary Permits.
(a) The City Manager or his designee is hereby authorized to
issue a temporary permit to allow noise prohibited by Sections 24-2
and 24-4 when produced by a temporary use or activity which does
not significantly endanger the health, safety or welfare of the
neighborhood. The City Manager or his designee may prescribe any
reasonable conditions necessary to minimize any adverse effect upon
the community. A permit granted hereunder 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 chapter, but additional time is
required for the applicant to modify his activity to
comply and no reasonable alternative is available to the
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applicant . Such permits may be granted for a period of
time not to exceed ten (10) days .
2) Construction. When construction activities pursuant to
a valid building permit cannot be carried out in a manner .,
which would comply with Sections 24-2 and 24-4 ; provided
that 1) all equipment shall be operated in accordance
with manufacturer' s specifications, and 2) shall be in
good repair, and 3) shall utilize all noise baffling
methods as specified by the manufacturer, and further
provided that such activities shall occur only between
the hours of 7 :30 A.M. and 6;30 P.M. Notwithstanding the
above, the Building Official may authorize the pouring of
concrete at a particular site at an hour earlier than
7 :30 A.M. upon one week' s notice to surrounding
neighbors . Such permits may be granted for a period of
time not to exceed three (3) days .
3) Special Events. When the applicant seeks to hold an
activity or special event and has met all of the City' s
requirements for obtaining such permit as set forth in
applicable regulations, resolutions or ordinances and the
activity or special event cannot be performed or held in
a manner which would comply with Sections 24-2 and 24-4 .
Such permits may be issued for a period of time not to
exceed three (3) days . No more than three (3) temporary
permits for the conduct of special events which violate
the prohibitions in Section 24-2 or 24-4 shall be issued
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for a particular location on private property within any
twelve (12) month period. This section shall also apply
to private entities holding leases for use of City-owned
property within the City of Miami Beach.
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 Section 24-8 and 24-9 herein.
Sec. 24-6 . Exemptions.
The following uses and activities shall be exempt from the
requirements of Sections 24-2 and 24-4 and from the enforcement
procedures in this Chapter:
(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, pursuant to Section 24-5, 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
facilities and on or in publicly owned property and
facilities, when such activities have been authorized by
the public authority which owns the properties or
facilities or their agents; except where such publicly
owned properties are under private operation pursuant to
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a lease or concession agreement .
(e) 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 Sections 25-39 . 1
- 25-39 . 3 of the City Code, and amendments thereto.
(f) Locomotives and other railroad equipment and aircraft, to
the extent that City regulation is preempted by federal
law.
(q) Noises resulting from Emergency Work.
(h) Any Noise resulting from activities of a temporary
duration permitted pursuant to Section 24-5 herein.
(i) Noise generated by motor vehicles as defined in Section
320 . 01, Florida Statutes (1993) , as may be amended, when
operated and equipped in accordance with requirements set
forth in the Florida Statutes .
(j ) Noise resulting from the operation of vessels when
operated in compliance with the decibel limitations in
Section 327 . 65 , Florida Statutes . However, noise
exceeding the limitations set forth in Section 327 . 65
shall be subiect to enforcement and penalties as set
forth in Chapter 327, Florida Statutes .
(k) Noises emanating from the unamplified conversations of
persons on the public streets and sidewalks .
Sec. 24-7 . Enforcement by Code Inspectors; Notice of
Violation.
If a Code Inspector receives a complaint from a Complainant
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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, the Inspector
shall 1) inform the violator (s) that he/she/they must immediately
cease the violation and will be subject to additional penalties if
the violation continues; and 2) 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 name of the violator (s) , date
and time of violation, nature of the violation, amount of fine for
which the violator (s) may be liable, instructions and due date for
paying the fine, notice that the violation may be appealed by
requesting an administrative hearing within ten (10) days after
service of the notice of violation, that failure to do so shall
constitute an admission of the violation and waiver of the right to
a hearing, and that unpaid fines will result in the imposition of
liens which may be foreclosed by the City. 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. 24-8 . Civil Fines for Violation; Appeals.
(a) The following civil fines shall be imposed for violations
of this chapter:
First offense = $100 fine
Second offense = $500 fine .
and each offense
thereafter (within one
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year of the first offense)
For purposes of this section, "offense" shall mean a notice of
violation which has not been contested timely or a finding of
violation by a Special Master. A person may receive a separate
notice of violation once every hour if a violation has occurred at
any time within that period. Each notice of violation shall
constitute a separate offense for which a separate fine may be
imposed.
(b) A violator who has been served with a notice of violation
shall elect either to:
(1) Pay the civil fine in the manner indicated on the
notice; or
(2) Request an administrative hearing before a Special
Master to appeal the decision of the Code Inspector
which resulted in the issuance of the notice of
violation.
(c) The procedures for appeal of the notice of violation
shall be as set forth in Section 20-43 and 20-44 of the Miami Beach
City Code as it may be amended from time to time. A courtesy mail
notice shall be provided to the Complainant of any hearing
regarding the notice of violation, and the Complainant may testify
at such hearings . Failure to give such notice shall not be a cause
for continuance or cancellation of any scheduled hearing of the
matter.
(d) If the named violator after notice fails to pay the civil
fine or fails to timely request an administrative hearing before a
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Special Master, the Special Master 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 viola-
tor (s) ' right to administrative hearing before the Special Master.
A waiver of the right to an administrative hearing shall be treated
as an admission of the violation and penalties may be assessed
accordingly.
(e) Any party aggrieved by the decision of a Special Master
may appeal that decision to a court of competent jurisdiction as
provided in Section 162 . 11, Florida Statutes .
(f) The City of Miami Beach may institute proceedings in a
court of competent jurisdiction to compel payment of civil fines .
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.
(g) As an alternative or additional means of enforcement the
City may institute proceedings to revoke or suspend an occupational
license and/or certificate of use or seek injunctive relief as set
forth in Section 24-7 . Furthermore, in cases of recurring
violations the Code Inspector may issue a citation for prosecution
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before the Special Master as provided in Miami Beach City Code
Section 9B wherein, upon a finding of violation by the Special
Master, a per diem fine may be imposed. A violation shall be
considered "recurring" when a person or entity has received three
notices of violation within a period of one month.
Sec. 24-9 . Nuisance.
Any violation of this sound control ordinance shall constitute
a nuisance . The city attorney may bring suit on behalf of the
city, or any affected citizen may bring suit in his/her name,
against the person or persons causing or maintaining the violation,
and against the owner/agent of the building or property on which
the violation exists . Relief may be granted according to the terms
and conditions of Section 60 . 05, Florida Statutes, entitled
Abatement of Nuisances or pursuant to Section 24-8 of this Chapter.
In any such action, the city or affected citizen, if the prevailing
party, shall be awarded costs, including reasonable attorney' s
fees .
Sec. 24-10 . Temporary Volume Limitation for 900-1100 Ocean Drive
(a) Notwithstanding any other provision of this chapter, for
a period of 180 days, beginning on the effective date of this
Ordinance, for that area of the City of Miami Beach located between
900 and 1100 Ocean Drive "Unreasonably Loud" shall be defined as
follows :
Unreasonably loud. Any Uninvited Noise which crosses a real
property line at a volume which:
(1) disrupts the normal activities of persons of reasonable
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sensibilities within a Residence or place of business; or
(2) causes adverse psychological or physiological effects on
persons with reasonable sensibilities .
Uninvited Noise shall be deemed "Unreasonably Loud" if it is
Plainly Audible inside of a residential Receiving Property or part
thereof, at a distance greater than 50 feet away from the Property
Line of the Sound Source or is Plainly Audible inside of a place of
business, or part thereof, at a distance greater than 100 feet away
from the Property Line of the Sound Source . For purposes of
enforcement of this Section, measurements of distance from a Sound
Source to a Receiving Property shall be measured in a straight line
from the property line of the Sound Source to the Residence or
place of business which is the Receiving Property. The measurement
will begin at that point on the property line of the Sound Source
which is nearest to the Receiving Property.
(b) Unless the City Commission enacts legislation within the
180 day period establishing a separate district including the area
located between 900 and 1100 Ocean Drive and providing for volume
limitations which differ from those established for the other areas
of the City, the definition of "Unreasonably Loud" set forth in
Section 24-1 shall apply for properties located from 900-1100 Ocean
Drive at the end of the 180-day period.
SECTION 3 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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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.
This Ordinance shall take effect on the 1st day of
April , 1995 .
PASSED and ADOPTED this 22nd •' of March , 19•5 .
ATTEST: _
Ir MAYOR
(-...Zr/LtAij
CITY CLERK
SWS:scf:5.ldisk7\C24nos1D.ord
1st reading 3/1/95
2nd reading 3/22/95
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