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Resolution 2022-32374 RESOLUTION NO. 2022-32374 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING THE EFFORTS OF THE MIAMI BEACH POLICE DEPARTMENT TO ENFORCE UNREASONABLY LOUD AND EXCESSIVE NOISE EMANATING FROM MECHANICAL OR ELECTRONIC SOUND-MAKING DEVICES IN MOTOR VEHICLES PURSUANT TO THE NEWLY-REVISED FLORIDA STATUTE 316.3045; AND FURTHER, REQUESTING THAT THE POLICE DEPARTMENT CONSIDER CREATING AND IMPLEMENTING A PLAN TO ADDRESS, BY WAY OF PROACTIVE ENFORCEMENT, ILLEGAL AND EXCESSIVE VEHICULAR MUFFLER AND EXHAUST NOISE. WHEREAS, approximately ten(10)years after the Florida Supreme Court struck down Fla. Stat. 316.3045 for unconstitutional content-based restrictions, the Florida Legislature passed HB 1435 which amended Florida Statute 316.3045 with regard to the operation of sound-making devices in motor vehicles; and WHEREAS, for the past ten (10) years the Miami Beach Police Department has retained the ability to enforce excessive sound (produced by sound-making devices)emanating from motor vehicles pursuant to Miami-Dade County Ordinance 21-28 and City Code Section 46-152; and WHEREAS, the newly revised Fla. Stat. 316.3045 will further aid MBPD's enforcement efforts with regard to sound emanating from sound-making devices in motor vehicles in two (2) primary ways: 1. County Ordinance 21-28 authorizes an arrest for violation, and City Code Section 46- 152 is merely a City-issued fine; however, Fla. Stat. 316.3045 provides the Police Department with an intermediary option between arrest and a City-issued fine, in that violations of Fla. Stat. 316.3045 are punishable as noncriminal traffic infractions(wherein a Uniform Traffic Citation may be issued to the violator); 2. Fla. Stat. 316.3045 provides that if the sound produced by a sound-making device emanating from a motor vehicle is plainly audible at just twenty-five (25) feet or more from the motor vehicle, then that is a violation of the law; and WHEREAS, Fla. Stat. 316.3045 is of great importance with regard to the enforcement of noise from sound-making devices in motor vehicles; however, it does not address excessive vehicular muffler and exhaust noise; and WHEREAS, the City continues to have issues with vehicle noise disturbances due to vehicular mufflers and exhaust systems which noise adversely affects residents' quality of life; and WHEREAS, the Florida Statutes, in particular Fla. Stat.316.272 and Fla. Stat. 316.293, provide the mechanism and authority for the enforcement of excessive noise created by vehicle mufflers and exhaust systems; and WHEREAS, by periodically deploying Police Department personnel and resources specifically to enforce excessive vehicular muffler and exhaust system noise (similar to what Collier County has recently done), the Police Department can help remediate this ongoing issue and convey the message that such noises will not be tolerated in the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby support the efforts of the Miami Beach Police Department to enforce unreasonably loud and excessive noise emanating from mechanical or electronic sound-making devices in motor vehicles pursuant to the newly-revised Florida Statute 316.3045, and further, request that the Police Department consider creating and implementing a plan to address, by way of proactive enforcement, illegal and excessive vehicular muffler and exhaust noise. PASSED AND ADOPTED this 620 day of 0464' , 2022. ATTEST: Dan Gelber, Mayor OCT 2 7 2022 Rafael . Granado, City Clerk , ;? iCORP GRATED' ,. :<^s (Sponsored by Commissioner Steven Meiner) APPROVED AS TO FORM.&LANGUAGE, &FOR EXECUTION (77 ( OH1-2 City AttorneyA4 j Date Resolutions -C7 AE MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attomey DATE: October 26, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING THE. EFFORTS OF THE MIAMI BEACH POLICE DEPARTMENT TO ENFORCE UNREASONABLY LOUD AND EXCESSIVE NOISE EMANATING FROM MECHANICAL OR ELECTRONIC SOUND-MAKING DEVICES IN MOTOR VEHICLES PURSUANT TO THE NEWLY-REVISED FLORIDA STATUTE 316.3045; AND FURTHER, REQUESTING THAT THE POLICE DEPARTMENT CONSIDER CREATING AND IMPLEMENTING A PLAN TO ADDRESS, BY WAY OF PROACTIVE ENFORCEMENT, ILLEGAL AND EXCESSIVE VEHICULAR MUFFLER AND EXHAUST NOISE ANALYSIS Pursuant to the request of Commissioner Steven Meiner, the attached. Resolution is being submitted for consideration by the Mayor and City Commission. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of the CityAttomey/Police Sponsor Commissioner Steven Meiner Page 585 of 1166 ATTACHMENTS: Description o Resolution Page 586 of 1166