Ordinance 2021-4414 Chapter 46 - Noise Exemptions
ORDINANCE NO.' 2021-4414
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," TO MODIFY IDENTIFIED EXEMPTIONS FROM
THE PROHIBITION ON UNNECESSARY AND EXCESSIVE
NOISE SET FORTH IN SECTION 46-152; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, City Code Section 46-152 provides that"[i]t shall be unlawful for any person
to make, continue or cause to be made or continued any unreasonably loud, excessive,
unnecessary or unusual noise," and, further, identifies a list of acts that are "declared to be
unreasonably loud, excessive, unnecessary, or unusual noises"; and
WHEREAS, City Code Section 46-157, entitled "Exemptions," enumerates uses and
activities that "shall not constitute unnecessary and excessive noises prohibited in section 46-
152," including the following:
(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 9th Street to 11th Street on the west side of
Ocean 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 . . . ; and
WHEREAS, on January 13, 2021; the Mayor and City Commission adopted Ordinance
No. 2021-4389, which amen led Section 46-157 to provide that"live or amplified music projecting
east of the east property line from each property from 9th Street to 11th Street on the west side
of Ocean Drive shall only be exempt froni.the prohibition on unnecessary and excessive noises .
. . between the hours of 7:00 a.m. and 2:00 a.m. each night"; and
WHEREAS, recently, noise disturbances along Ocean Drive, between 9th Street and 11th
Street, have impacted this iconic stretch of the City, and have placed significant demands upon
the City's emergency services, first responders, and code compliance resources; and
WHEREAS, the Mayor and City Commission have identified the need to more effectively
address noise disturbances along this portion of Ocean Drive, which noise disturbances are
predominately generated by alcoholic beverage establishments and/or entertainment venues
(including from loudspeakers, radios, televisions, musical instruments, and other machines or
devices which produce or reproduce sound); and
WHEREAS, in light of these disturbances, the Mayor and City Commission now desire to
repeal the noise exemption for live or amplified sound projecting eastward of the east property
line from each property between 9th Street and 11th Street along the west side of Ocean Drive;
and
WHEREAS, the amendments set forth herein are necessary to protect the public health,
safety and welfare, and to address the actual, material and on-going disruptions caused by
excessive noise; and
WHEREAS, this Ordinance will serve to reduce negative impacts of noise to residents,
business operators, and visitors along this iconic stretch of Ocean Drive and throughout the MXE
mixed use entertainment district.
NOW, THEREFORE, BE IT 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
* * *
Sec. 46-157. - Exemptions.
The following uses and activities shall not constitute unnecessary and excessive noises
prohibited in section 46-152:
* * *
(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 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 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. :• ' - - - - -- - -- •=, '• - - - -- - - -
noises in section 16 152 between the hours of 7:00 a.m. and 2:00 a.m. each day.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same 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 renumbered or relettered 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 I)" day of Mar , 2021.
ATTEST:
Dan Gelber, Mayor
/ IS%2 /L
Rafael E. Gran do, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
City Attorney Date
First Reading: April 21, 2021
Second Reading: May t2, 2021 a
6„".,Ir`'',,
f .caf: '•�':
(Sponsored by Mayor Dan Gelber)
t,INCOAP BORATED
4,�%j•.,c .•, ,
Ordinances-R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: May 12, 2021
10:30 a.m. Second Reading Public Hearing
SUBJECT:CHAPTER 46 -NOISE EXEMPTIONS
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," BYAMENDING
ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-157,
ENTITLED "EXEMPTIONS," TO MODIFY IDENTIFIED EXEMPTIONS
FROM THE PROHIBITION ON UNNECESSARY AND EXCESSIVE NOISE
SET FORTH IN SECTION 46-152; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND/HISTORY
At the request of Mayor Dan Gelber, the attached Ordinance has been placed on the April 21,
2021 City Commission meeting agenda for First Reading.
On July 29, 2020, the City Commission referred a discussion item to the Land Use and
Sustainability Committee ("LUSC") pertaining to land use regulations specific to Ocean Drive
and the Mixed-Use Entertainment (MXE) Area (item C4I). This item was sponsored by Mayor
Dan Gelber and co-sponsored by Commissioner Steven Meiner.
A previous amendment to Chapter 46,Article IV of the City Code (the "Noise Ordinance"),was
discussed at a special workshop of the LUSC on September 17, 2020, as part of a global
discussion on Ocean Drive and the surrounding area. The amendment was drafted to repeal the
current exemption for properties along Ocean Drive between 9th Street and 11th Street. On
October 20, 2020, the LUSC discussed the Ordinance and recommended that the City
Commission not move forward with the proposal.
Following the October 20, 2020 LUSC meeting, the Ordinance was amended at the request of
the sponsor. On January 13, 2021, the City Commission adopted Ordinance No. 2021-4389,
which amended the list of exemptions in Section 46-157 from the prohibition on "unnecessary
and excessive noises" in the Noise Ordinance,to provide that"live or amplified music projecting
east of the east property line from each property from 9th Street to 11th Street on the west side
Page 352 of 859
of Ocean Drive shall only be exempt from the prohibition on unnecessary and excessive noises
. . . between the hours of 7:00 a.m. and 2:00 a.m. each night."
ANALYSIS
ANALYSIS
The Noise Ordinance, at Section 46-152 of the City Code, prohibits "unreasonably loud,
excessive, unnecessary or unusual noise," except as provided in Section 46-157, entitled
"Exemptions." The attached Ordinance amends Section 46-157 to repeal the noise exemption
for live or amplified sound projecting eastward of the east property line from each property from
9th Street to 11th Street on the west side of Ocean Drive.
The MXE district regulations were developed in the early 1980s, as part of the first master plan
for Ocean Drive from 5th to 15th Streets. These regulations were intended to incentivize the
replacement of dated apartment regulations with active uses that incentivized hotel uses. In
addition to the code regulations adopted, the physical make-up of the street was modified
dramatically by introducing wider sidewalks and significantly improving Lummus Park.
These City sponsored changes coincided with the placement of the Miami Beach Architectural
District on the National Register of Historic Places in 1979. The placement of the Architectural
District on the National Register was significant, because at that time it was the first National
Register nomination consisting solely of. 20th century architecture. More importantly, the
National Register nomination set forth a path leading to local historic designation and the
creation of a unique brand for Miami Beach,which is still known worldwide today.
The original intent of the MXE district regulations was to foster the renovation, restoration and
preservation of the historic buildings in the district. Café, entertainment, restaurant and retail
uses were required to be accessory to hotel or residential uses. Exceptions to this were made
for buildings fronting Collins Avenue, as well as buildings that were two (2) stories or less on
Ocean Drive. The widening of the sidewalk provided an opportunity for sidewalk seating to
engage and interact with seating on private property and become a mechanism for people
watching and experiencing the architecture of the district, as well as the natural environment
across the street in Lummus Park.
While exceeding expectations, over the past decade Ocean Drive, and the larger MXE district,
have experienced increasing challenges associated with alcoholic beverage and entertainment
uses, all of which were intended to be subordinate to the main use of residential or hotel. To
rediscover the beauty and intent of the National Register Architectural District, a re-focus on
district priorities has been recommended. This will entail a multi-prong approach, including
updating regulations, incentivizing a renaissance of the original plan for Ocean Drive, stepping
up enforcement, and creating ways to balance vehicular and pedestrian mobility.
The purpose of this amendment to the Noise Ordinance is to further reduce negative impacts of
noise along Ocean Drive. Additionally, the amendment is intended to re-direct the activities of
alcoholic beverage establishments to be substantially contained within private property and not
spill onto the public street and sidewalks. This, in turn, will allow for a better activation of the
street, as well as safe, unencumbered movement.
UPDATE
Page 353 of 859
The subject Ordinance was approved at First Reading on April 21, 2021,with no changes.
SUPPORTING SURVEY DATA
Improving Residents Quality of Life
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at Second
Reading/Public Hearing on May 12, 2021.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning/Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
D Ordinance
Page 354 of 859