Ordinance 2019-4278 Lincoln Road —Speaker Regulations
ORDINANCE NO. 2019-4278
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," DIVISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING
SECTION 142-336 THEREOF, ENTITLED "LINCOLN ROAD
REQUIREMENTS," TO MODIFY REGULATIONS PERTAINING
TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS
FRONTING LINCOLN ROAD, AND TO ESTABLISH PENALTY
AND ENFORCEMENT PROVISIONS APPLICABLE TO
VIOLATIONS THEREOF; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Lincoln Road is a premier street in Miami Beach that provides residents and
visitors with a unique cultural, retail, and dining experience; and
WHEREAS, the Lincoln Road area is vital to Miami Beach's economy, especially the
tourism industry; and
WHEREAS, the Mayor and City Commission now desire to amend the regulations
applicable to interior and exterior speakers at business establishments on lots fronting Lincoln
Road; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified herein.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 6, "CD-3 Commercial, High Intensity District," is amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
Article II. — District Regulations
* * *
Division 6.—CD-3 Commercial, High Intensity District
* * *
Sec. 142-336. - Lincoln Road requirements..
The following additional regulations shall apply to the portion of Lincoln Road that is closed to ,
vehicular traffic:
(b) The following requirements shall apply#er to the installation or placement of speakers:
(1) Restaurant and sidewalk cafe uses may only be permitted to place or install exterior
speakers if the following conditions have been met:
a. A certificate of appropriateness is granted, in accordance with the applicable
requirements of Chapter 118, Article X of this Code.
b. Music or any other sound shall be played at or below ambient volume levels at
all times.
c. If a restaurant or sidewalk cafe use with approved exterior speakers is
replaced by a use other than a restaurant or sidewalk cafe, then all exterior
speakers shall be removed.
(1) All exterior speakers and interior speakers within the first 20 feet of the boundary
(2) Notwithstanding the above, interior Interior speakers may be permitted within the
first 20 feet of the boundary facing Lincoln Road or within the first 20 feet of the
boundary of a side street, provided, however, that any music or other sound being that is
played does not exceed ambient levels. Additionally, any music or other sound played
indoors at a volume above ambient levels must be inaudible from the exterior of the
premises at all times.
(3) In the event that the doors of an establishment remain open to the sidewalk, only
•
ambient music shall be permitted within the premises.
(4) No variances shall be granted from the requirements of this section 142-336(b).
(5) • - - - - --- - - - - - e-- - - - - - -- -
structure, is prohibited. Except as provided in this subsection (b), no other commercial
establishments shall be permitted to place or install exterior speakers.
(c) Penalties and enforcement.
A violation of subsection (b) shall be subject to the following civil fines and •
penalties:
a. If the violation is the first violation, a person or business shall receive a
written warning or a civil fine of$250.00;
b. If the violation is the second violation within the preceding 12 months, a
person or business shall receive a civil fine of$1,000.00;
c. If the violation is the third violation within the preceding 12 months, a person
or business shall receive a civil fine of$2,000.00;
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d. If the violation is the fourth violation within the preceding 12 months, a person
or business shall receive a civil fine of$3,000.00; and
e. If the violation is the fifth or subsequent violation within the preceding 12
months, a person or business shall receive a civil fine of $5,000.00, and the
City shall suspend the business tax receipt.
2) Enforcement. The code compliance department shall enforce this section. This
shall not preclude other law enforcement agencies from any action to assure
compliance with this section and all applicable laws. If a violation of this section is
observed, the enforcement officer will be authorized to issue a notice of violation.
The notice shall inform the violator of the nature of the violation, amount of fine for
which the violator is liable, instructions and due date for paying the fine, that the
violation may be appealed by requesting an administrative hearing before a
special master within ten days after service of the notice of violation, and that the
failure to appeal the violation within ten days of service shall constitute an
admission of the violation and a waiver of the right to a hearing.
(3) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appal; appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to either:
I. Pay the civil fine in the manner indicated on the notice of violation; or
ii. Request an administrative hearing before a special master to appeal the
notice of violation, which must be requested within ten days of the service
of the notice of violation.
b. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73 of this Code. A request for
administrative hearing must be accompanied by a fee as approved by a
resolution of the city commission, which shall be refunded if the named
violator prevails in the appeal.
c. If the named violator, after issuance of the notice of violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by the code
compliance officer. The failure of the named violator to appeal the decision of
the code compliance officer within the prescribed time period shall constitute a
waiver of the violator's right to an administrative hearing before the special
master, and shall be treated as an admission of the violation, for which fines
and penalties shall be assessed accordingly.
d. A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which may be enforced in the same manner as
a court judgment by the sheriffs of this state, including levy against the
violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. On or after the 61st day following
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the recording of any such lien that remains unpaid, the city may foreclose or
otherwise execute upon the lien.
e. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
f. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within ten
days of the service of the notice of violation.
g The special master shall not have discretion to alter the penalties prescribed in
subsection (c)(1).
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the provisions of
this Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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 ten days following adoption.
PASSED and ADOPTED this S day of Ant-- , 2019.
ATTEST: Dan Gelb:'
, Mayor
4 Chir 191 ZI1 t
Rafael E. GrMayor
CityClerk """
=$,Bgq'���, APPROVED AS TO
First Reading: May 8, 2019 -` c'y''% FORM & LAN UAGE
Second Reading 5, 201 l )Jne
t0[4P ORAEDy
Verified B / (c4 ' ;' Rci-i�26 �� _Dote
Thomas R. Mooney, AlAI u P City Attorney
Planning Director 1�
T:\Agenda\2019\06 June\Planning\Exterior Speakers on Lincoln Road-Second Reading ORD.docx �"
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Ordinances - R5 J
MIAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2019
1:40 p.m. Second Reading Public Hearing
SUBJECT: LINCOLN ROAD - SPEAKER REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 6, "CD-3 COMMERCIAL, HIGH INTENSITY
DISTRICT," BY AMENDING SECTION 142-336 THEREOF, ENTITLED
"LINCOLN ROAD REQUIREMENTS," TO MODIFY REGULATIONS
PERTAINING TO INTERIOR AND EXTERIOR SPEAKERS ON LOTS
FRONTING LINCOLN ROAD, AND TO ESTABLISH PENALTY AND
ENFORCEMENT PROVISIONS APPLICABLE TO VIOLATIONS THEREOF;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On November 14, 2018, at the request of Commissioners Ricky Arriola and John Elizabeth
Aleman, the City Commission referred the discussion item to the Land Use and Development
Committee (Item C4P). On February 20, 2019 the LUDC discussed a draft ordinance and
recommended that the City Commission refer the item to the Planning Board.
On March 3, 2019, at the request of Commissioners Ricky Arriola and John Elizabeth Aleman,
the City Commission referred the attached Ordinance to the Planning Board (Item C4Q).
PLANNING ANALYSIS
The attached draft ordinance would allow café and restaurant uses to have exterior speakers
under limited circumstances. Specifically, restaurant and café uses may be permitted to have
exterior speakers in accordance with all of the following:
1. A certificate of appropriateness is granted, in accordance with the applicable requirements of
Chapter 118,Article X of these Land Development Regulations, shall be required for any and all
exterior speakers.
Page 591 of 868
2. Music played by exterior speakers shall remain at or below ambient levels at all times.
3. If a restaurant or café use, with approved exterior speakers, is replaced by a uses other than
a restaurant or café, all exterior speakers shall be removed.
The draft ordinance also includes a penalty schedule, as recommended by the LUDC.
PLANNING BOARD REVIEW
On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 6-1.
UPDATE
On May 8, 2019, the City Commission approved the subject ordinance at first reading, with no
changes, and set a second reading/public hearing for June 5, 2019.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioners John Elizabeth Aleman and RickyArriola
ATTACHMENTS:
Description
o Form Approved - ORD
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