Loading...
Resolution 2022-32441 RESOLUTION NO. 2022-32441 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION EXPRESSLY AUTHORIZING COUNTIES AND MUNICIPALITIES TO UTILIZE NOISE CAMERA TECHNOLOGY IN ORDER TO ISSUE TRAFFIC CITATIONS FOR EXCESSIVE VEHICULAR MUFFLER AND EXHAUST NOISE; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE. WHEREAS, unreasonable and excessive vehicular noise creates a nuisance and adversely affects the quality of life of residents and visitors.to the City of Miami Beach and the State of Florida; and WHEREAS, of particular concern are noise disturbances occurring in residential areas, where such unreasonable and excessive noise deprives residents of the peaceful enjoyment of their homes; and WHEREAS, vehicular noise disturbances throughout the City of Miami Beach, particularly noise emanating from vehicle muffler and exhaust systems, and the rewing of engines, continues nearly unabated especially in heavily travelled corridors; and WHEREAS, some jurisdictions, including Paris, France, London, England, and Singapore, have established programs utilizing "noise cameras" to detect vehicles exceeding pre-defined noise limits and contributing to noise pollution; and WHEREAS, noise meter and camera device technology is triggered by sound, and can be utilized with filters designed to pick-up on noisy vehicle muffler and exhaust sounds that exceed pre-defined noise limits; and WHEREAS, similarly, the City of Knoxville, Tennessee has taken steps to establish a trial program designed to record vehicle data when the traffic camera is triggered, including audio levels as vehicles pass by, with the vehicle data being uploaded to a server where a technician then decides whether to proceed with issuing a warning; and WHEREAS, on July 8, 2022, the Mayor and City Commission adopted Resolution No. 2022-32208, directing the City Administration to establish a Noise Meter and Camera Pilot Program similar to that established in the City of Knoxville, to monitor vehicle noise pollution; and WHEREAS, generally, Fla. Stat. § 316.007 prohibits any local authority from enacting or enforcing any ordinance which is covered by the;provisions of Chapter 316, unless expressly authorized; and WHEREAS, more specifically, Fla. Stat. § 316.0076, entitled "Regulation and Use of Cameras," prohibits counties and municipalities from utilizing noise camera technology to issue excessive muffler/exhaust noise citations by expressly preempting the regulation of the use of cameras for enforcement of Chapter 316 to the State; and WHEREAS, legislation authorizing counties and municipalities to utilize noise camera technology for the issuance of excessive muffler/exhaust noise citations would allow political subdivisions of the State to address the ongoing issue of excessive and illegal vehicular muffler and exhaust system noise more effectively and efficiently in their respective jurisdictions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE City of Miami Beach, Florida, that the Mayor and City Commission hereby urge the Florida Legislature to enact legislation expressly authorizing counties and municipalities to utilize noise camera technology in order to issue traffic citations for excessive vehicular muffler and exhaust noise; and further, directing the City Clerk to transmit a copy of this resolution to the Speaker of the Florida House of Representatives and the President of the Florida Senate. PASSED and ADOPTED this /I( day of December, 2022. , 2—zil---_____ ATTEST: . _ Dan Gelber, Mayor DEC 9 6 2022 \\111111 Rafael . Granado, City Clerk _ \Pc?.�....-I�III,,� aii[ORP ORATED .) (Sponsored by Commissioner Alex J. Fernandez and j Co-sponsored by Vice-Mayor Steven Meiner) , APPROVED AS TO FORM&LANGUAGE- &FOR EXECUTION nrrL. ,...... I 'L C 22 City Attorney _ Dote 2 Resolutions -C7 T MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: December 14, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION EXPRESSLY AUTHORIZING COUNTIES AND MUNICIPALITIES TO UTILIZE NOISE CAMERA TECHNOLOGY IN ORDER TO ISSUE TRAFFIC CITATIONS FOR EXCESSIVE VEHICULAR MUFFLER AND EXHAUST NOISE; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE. ANALYSIS Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the December 14, 2022 Commission meeting. 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 City Attorney Sponsor Commissioner Alex Fernandez Page 544 of 952 ATTACHMENTS: Description o Resolution Page 545 of 952