Ordinance 2019-4301 ORDINANCE NO 2019-4301
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE,
ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE
IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152,
ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE
PROHIBITED," BY AMENDING THE HOURS
PROHIBITING POWER TOOLS AND LANDSCAPING
EQUIPMENT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, noise generated by power tools and landscaping equipment during
the early morning and the late evening hours negatively affects the quality of life of the
City's residents and visitors;
WHEREAS, the Mayor and City Commission hereby find that amending the
hours limiting power tools and landscaping equipment to the hours of 10:00 a.m. and
8:00 p.m. on weekends and national holidays is necessary to enhance the quality of life
of the City's residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 46-152 of Article IV of Chapter 46 of the Code of the City of
Miami Beach, Florida, is hereby amended as set forth below; and Sections 46-157
through 46-159 are provided for reference purposes:
CHAPTER 46
ENVIRONMENT
* * *
ARTICLE IV. NOISE
* * *
Sec. 46-152. Noises; unnecessary and excessive prohibited.
It shall be unlawful for any person to make, continue or cause to be made or continued
any unreasonably loud, excessive, unnecessary or unusual noise. The following acts,
among others, are declared to be unreasonably loud, excessive, unnecessary or
unusual noises in violation of this section, but this enumeration shall not be deemed to
be exclusive, namely:
(k) Power tools and landscaping equipment. The operation of noise-producing lawn
mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power
tools and other noise-producing tools which are used to maintain or at a
residence out-of-doors between the hours of 8:00 p.m. and 8:00 a.m. on
weekdays, and 40 8:00 p.m. and 10:00 a.m. on weekends and national
holidays. The limitations on oseration of noise-•roducin• •ower tools and
landscaping equipment on weekends and national holidays do not apply to
single-family homes located in the RS-1, RS-2, RS-3 RS-4, RM-1, RM-2, RM-
PRD, RM-PRD-2, RO, RO-2, RO-3, and TH zoning districts.
Sec. 46-157. Exemptions.
The following uses and activities shall not constitute unnecessary and excessive noises
prohibited in section 46-152:
* * *
(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.
* * *
Sec. 46-158. Enforcement by code inspectors; notice of violation; warnings;
responsibility to provide current address.
(a) Notice of violation. If the code inspector observes a violation of this article,
the inspector shall issue a notice of violation to each person and entity
identified in section 46-153, and a courtesy copy of the violation shall be
provided to an employee or other representative of the business tax
receipt holder who is on the premises of the business tax receipt holder,
except as otherwise provided in subsection (b). The code inspector shall
inform the violators that they must immediately cease the violation. The
notice shall include the following information:
(1) Name of the violator.
(2) Date and time of violation.
(3) Nature of the violation.
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(4) Amount of fine or other penalty for which the violator may be liable
pursuant to section 46-159 of this Code or as otherwise provided by
law.
(5) Instructions and due date for paying the fine.
(6) Notice that the violation may be appealed by filing a written request
for an administrative hearing with the clerk of the special master
within ten 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
article will result in the imposition of larger fines and may also result
in revocation, suspension, or the imposition of restrictions on the
business tax receipt, and/or certificate of use, or accessory use,
and/or injunctive proceedings as provided by law. The notice shall
be signed by the code inspector who witnessed the violation.
(b) Warnings.
(1) Oral warnings. If a code inspector observes a violation of this article without a
complaint having been made, the inspector may first issue one oral courtesy
warning per day and inform the violator that the violator will be subject to
penalties if the violation continues.
(2) Written warnings. A code inspector shall first issue a written warning to
immediately cease the violation prior to issuing a notice of violation unless one
written warning has been issued in the 12 months preceding the date of
violation.
The written warning shall be substantially in the same form as the notice of
violation as stated in subsection 46-158(a) above. Failure to correct the
violation within 15 minutes following the issuance of a written or oral warning
shall result in the issuance of a notice of violation pursuant to this article.
A code inspector shall not issue a written warning, and instead shall issue a
notice of violation, to any person, entity or establishment who:
a. In any one day has already been issued a written warning as specified in
section 46-158; or
b. In any 12-month period has exceeded the warning limits specified in
subsection 46-158(b)2; or
c. Is also being cited for an illegal commercial or nonpermitted nonresidential
use in a residential zoning district.
(c) Responsibility to provide current address. The holder of the business tax receipt for
the premises where a violation or warning is issued shall have the responsibility to
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keep the city advised of its current address and of the current address of the owner
of the premises.
Sec. 46-159. Fines and penalties for violation; appeals; alternate means of
enforcement.
(a) The following civil fines and penalties shall be imposed for violations of this article:
(1) If the offense is the first offense, $250.00 fine.
(2) If the offense is the second offense within the preceding 12 months, $1,000.00
fine.
(3) If the offense is the third offense within the preceding 12 months, $2,000.00
fine.
(4) If the offense is the fourth offense within the preceding 12 months, one
weekend (noon Friday through noon Monday) business tax receipt conditions
and/or accessory use restrictions shall be imposed limiting the ability to
produce any live or amplified sound at that portion of the premises that caused
the violation, in addition to a $3,000.00 fine.
(5) If the offense is the fifth offense within the preceding 12 months, two weekend
(noon Friday through noon Monday) business tax receipt conditions and/or
accessory use restrictions shall be imposed limiting the ability to produce any
live or amplified sound at that portion of the premises that caused the violation,
in addition to a $5,000.00 fine.
(6) If the offense is the sixth or greater offense within the preceding 12 months, it
shall be considered an habitual offender offense with penalties and fines
imposed pursuant to subsection 46-159(h).
(7) The first time an offense is committed while the violator was also engaged in an
illegal commercial or nonpermitted, nonresidential use in a residential zoning
district, $1,000.00, notwithstanding the fine provision in subsection (1) above.
(8) The second or any subsequent time an offense is committed while the violator
was also engaged in an illegal commercial or nonpermitted, nonresidential use
in a residential zoning district, $5,000.00, notwithstanding the fine provisions in
subsections (2)-(4) above.
A person may receive a separate notice of violation once every hour if a violation
has occurred at any time within that period. Each violation shall constitute a
separate offense for which a separate fine shall be imposed. An offense shall be
deemed to have occurred on the date the violation occurred. Business tax receipt
conditions or accessory use restrictions pursuant to this section shall be imposed by
order of the special master after finding an offense warranting suspension or
restriction has occurred. An offense occurring 12 months after the last offense shall
be treated as a first offense for purposes of incurring new fines and penalties.
However, any fines or penalties imposed in any prior 12-month period shall not be
waived or altered.
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(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) File a written request for an administrative hearing before a special master to
appeal the decision of the code inspector that resulted in the issuance of the
notice of violation. The written request shall be submitted to the clerical staff of
the special master no later than ten (10) days of service of the notice of
violation and shall be accompanied by an appeal fee as approved by a
resolution of the city commission. The fee may be returned to the violator if the
special master rules in favor of the violator. All disputes regarding proper notice
of the violation and timeliness of the appeal shall be heard by the special
master prior to any hearing on the merits of the violation itself.
(c) The procedures for appeal of the notice of violation shall be as set forth in
sections102-384 and 102-385. A courtesy mail notice shall be promptly provided to
the complainant of any hearing regarding the notice of violation, and the
complainant may testify at such hearings; provided, however, that nontransmission
of the courtesy notice to the complainant shall not in any way invalidate, affect, or
impair any of the further proceedings, actions, or determinations in the case. Failure
to give such notice shall not be a cause for continuance or cancellation of any
scheduled hearing of the matter. Only two continuances, for no longer than 20 days
each, shall be granted by the special master for any administrative hearing unless
the alleged offender, at a hearing on a motion for continuance, establishes by
testimony, and/or other evidence, that good cause exists for a further continuance.
If the special master finds that a violation has occurred, the applicable penalty set
forth in subsection 46-159(a) shall be imposed.
(d) Failure of the named violator 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 special master. A waiver of the right to an
administrative hearing shall be treated as an admission of the violation and
penalties shall be assessed accordingly. In the event of a fourth or fifth offense, and
following notification by the code inspector of the violator's failure to timely request
an administrative hearing, the special master shall enter an order setting the time
during which conditions shall be imposed on the violator's business tax receipt or,
as applicable, the accessory uses shall be restricted. Such conditions or restrictions
shall begin no later than 30 days after entry of the order by the special master.
(e) Any party aggrieved by the decision of a special master may appeal that decision to
a court of competent jurisdiction as provided in F.S. § 162.11 and section 30-77 of
this Code.
(f) The city 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 or city bill for
penalties due under this section may be recorded in the public records and
thereafter shall constitute a lien upon any other real or personal property owned by
the violator 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 months
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from the filing of any such lien that remains unpaid, the city may foreclose or
otherwise execute on the lien. All costs and attorney's fees incurred by the city for
collecting any fine shall be paid by the violator.
(g) As an alternative or additional means of enforcement, the city may institute
proceedings to revoke or suspend a business tax receipt and/or certificate of use or
seek injunctive relief.
(h) In cases of habitual offender violations or offenses, the city manager may issue an
administrative complaint for suspension or revocation of a business tax receipt and
certificate of use as provided in section 102-383. Upon a finding of habitual offender
violations or offenses by the city manager, a business tax receipt suspension,
revocation and/or fine shall be imposed. Suspensions shall be imposed with
restrictions limiting the ability to provide any live or amplified sound as either a
condition of the business tax receipt or as an accessory use restriction. In the event
the violator is a hotel, motel, condominium, apartment or other residential property,
accessory use restrictions shall be imposed in lieu of a business tax receipt
revocation which results in the eviction of residents. Additionally, in the event of a
revocation, as a condition of being permitted to resume operation under the
business tax receipt, the city manager shall utilize the criteria set forth in section
142-1362 of this Code to impose such conditions or restrictions as deemed
appropriate to assure compliance with all city codes.
In determining the length of the suspension or accessory use restriction to be
imposed under this subsection, the city manager shall consider the following
factors: the gravity of the violations or offenses; any actions taken by the violator to
correct the violations or offenses; and, any previous violations or offenses
committed by the violator. No suspension or accessory use restriction imposed
under this subsection shall be for a period of time of less than 30 consecutive days.
In the event a habitual offender does not hold a business tax receipt or certificate of
use, the special master shall impose a fine up to $5,000.00 per violation.
(i) Any fine imposed under this article shall become a lien pursuant to the procedures
of sections 30-74 and 30-75 of this Code.
(j) In addition, in the event a violator refuses to comply with a notice of violation issued
under section 46-158, a violator may be punished by imprisonment not to exceed 60
days or by imposition of a fine not to exceed $500.00 per offense or both.
(k) Nothing herein shall restrict the powers and authority granted to the various boards
and committees of the city, including the imposition of conditions and sanctions not
specifically enumerated in this article.
(I) Nothing herein shall be deemed to modify existing applicable state, county or city
building and fire codes, ordinances, laws or regulations.
(m) A nolle prosequi, or any other decision made by the city not to prosecute a notice of
violation, must be based upon good cause and issued in writing in a public record.
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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, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
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, 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 on the 1st day of January 2020.
PASSED AND ADOPTED this /6 day of aCQer, 2019.
ATTEST:
Dan Ge ber, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
Strikethrough denotes deletions
Double underline denotes additions after First Reading
denotes deletions after First Reading
(Co-sponsored by Commissioners Michael Gongora and Mark Samuelian)
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Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2019
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY
CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV,
ENTITLED "NOISE," BYAMENDING SECTION 46-152, ENTITLED "NOISES;
UNNECESSARY AND EXCESSIVE PROHIBITED," BY AMENDING THE
HOURS PROHIBITING POWER TOOLS AND LANDSCAPING EQUIPMENT;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
Legislative Tracking
Code Compliance
Sponsor
Commissioners Mark Samuelian& Michael Gongora
ATTACHMENTS:
Description
❑ Memo
o Attachment A
o Ordinance
Page 1150 of 2557
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachtl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2019
Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE,
ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-152, ENTITLED "NOISES;
UNNECESSARY AND EXCESSIVE PROHIBITED," BY AMENDING THE
HOURS PROHIBITING POWER TOOLS AND LANDSCAPING EQUIPMENT;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the Ordinance.
HISTORY
A referral was originally made to the Neighborhood/Community Affairs Committee (NCAC)
at the May 8, 2019 Commission Meeting to discuss the allowable hours on weekends and
legal holidays for the use of power tools, maintenance equipment and leaf blowers.
The item was discussed at the June 19, 2019 meeting of the NCAC where the committee
agreed that residential quality of life is important, and the noise generated by this type of
equipment is at times similar to tha+ of construction work in its noise level. As such, the
committee directed Administration to amend Section 46-152(k)so that the allowable hours
on weekends and legal holidays for the use of power tools and landscaping equipment
shall match the hours allowed for construction on those days. The Committee requested
an effective date of January 1, 2020 for this amendment to allow for public education and
outreach to residents and commercial landscape companies.
At the July 31, 2019 Commission Meeting the item was discussed and adopted on First
Reading with an amendment to modify morning hours to 10:00 a.m., on weekends and
national holidays leaving the hours in the evening until 8:00 p.m. Additionally, the item
was referred back to the NCAC to be discussed further prior to Second Reading scheduled
for October 16, 2019. Specifically, items to be discussed include the impact on single-
family homeowners and carving out language in the single-family home area on weekends
so those residents can mow their own lawns.
At the September 25, 2019 NCAC meeting,the committee moved to amend the allowable
hours for the use of power tools and landscaping equipment on weekends and national
Page 1151 of 2557
Commission Memo
Noise: Section 46-152{k) Hours for Power Tools and Landscaping
October 16, 2019
Page 2 of 2
holidays to match the allowable hours for construction including, for now, an exemption
for single-family homes. The committee also requested a breakdown of the locations for
the 11 complaints received in 2019 for leaf blowers to be included at Second Reading. No
single-family homes were included in the 11 complaints received (see Attachment A).
CONCLUSION
The Administration recommends the Mayor and City Commission adopt the Ordinance on
Second Reading.
H DC/TC/rfm
Attachments:
Attachment A: Leaf Blower Complaints in 2019
Ordinance
Page 1152 of 2557
ATTACHMENT A
Lea ,lower Complaints 01/01a019 - 09/30/2019
Date Day of Week Time Received Address Zone
01/07/2019 Monday 7:27AM 1000 WEST AVE (ROW) RM-3
02/04/2019 Monday 7:27AM 1240 11 ST RM-2
07/31/2019 Monday 7:26AM 1501 MICHIGAN AVE (ROW) RM-1
03/11/2019 Monday 6:14AM 1600 ALTON RD CD-2
01/09/2019 Wednesday 6:30AM 1855 PURDY AVE CD-2
03/12/2019 Tuesday 7:42AM 2469 COLLINS AVE RM-3
08/08/2019 Thursday 7:05AM 426 JEFFERSON AVE CPS-2
08/12/2019 Monday 7:00AM 426 JEFFERSON AVE CPS-2
05/12/2019 Sunday 10:03AM 9 ISLAND AVE RM-2
05/22/2019 Wednesday 7:52AM 9 ISLAND AVE RM-2
05/30/2019 Thursday 7:25AM 900 MERIDIAN AVE RM-1
Zoning Districts
RM-1 Residential Multi Family Low Intensity
RM-2 Residential Multi Family Medium Intensity
RM-3 Residential Multi Family High Intensity
CD-2 Commercial Medium Intensity
CPS-2 Commercial performance standard, general mixed use
Page 1153 of 2557