Ordinance 2024-4593 ORDINANCE NO. 2024-4593
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
• CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CITY CODE, ENTITLED "ENVIROMENT," BY AMENDING ARTICLE IV,
ENTITLED "NOISE," BY AMENDING SECTION 46-152 THEREOF,
ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE
PROHIBITED," BY SPECIFYING THAT CERTAIN NOISE
REGULATIONS APPLY TO NOISE EMANATING FROM A VESSEL OR
FLOATING STRUCTURE, AND CLARIFYING THAT ENGINE OR
EXHAUST NOISE EMITTED FROM VESSELS MAY BE ENFORCED AS
PROVIDED IN SECTION 7-26.1 OF THE MIAMI-DADE COUNTY CODE;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, residents and visitors enjoy operating boats, jet skis, and other vessels on
the City's waters; and
WHEREAS, in the past few years, the City has seen a surge in recreational and -
commercial vessel activity on its waters, as well as recreational and commercial activities
conducted on or with floating structures; and
WHEREAS,while this increase in activity may lend some support to the economy, the City
must ensure that vessel operators are not undermining the health and quality of life of other
boaters or residents whose homes border City waters; and
WHEREAS, there has also been an increasing number of boaters on City waters who are
playing music from their boats at unreasonably high volumes; and
WHEREAS, section 46-152 of the City Code, along with section 21-28 of the Miami-Dade
County Code, generally prohibit unreasonably loud, excessive, unnecessary, or unusual noises;
and
WHEREAS, sections 46-152 and 21-28 also set forth a non-exhaustive list of specific acts
that are declared to be unreasonably loud, excessive, unnecessary, or unusual noises and that
thus violate the City and County Codes; and
WHEREAS, those prohibited acts include, among others, "[t]he using, operating, or
permitting to be played, used or operated any radio receiving set, television set, musical
instrument, phonograph, or other machine or device for the producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any
time with louder volume than is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device is operated and who are
voluntary listeners thereto"; and
WHEREAS, that prohibition, as set forth in the City and County Codes, further provides
that "[t]he operation of any such set, instrument, phonograph, machine or device between the
hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of one
hundred (100)feet from the building, structure or vehicle in which it is located shall be prima facie
evidence of a violation of this section"; and
WHEREAS, the Mayor and City Commission desire to specify that this prohibition can be
violated when noise is emitted not only from a "room, vehicle or chamber," but also from a vessel
or floating structure; and
WHEREAS, Fla. Stat. 327.60 governs the regulation of vessels and preempts local
governments from "[reeguaating engine or exhaust noise, except as provided in Fla. Stat. 327.65";
and
WHEREAS, Fla. Stat. 327.65 allows counties to adopt an ordinance regulating engine and
exhaust noise of vessels under certain circumstances, and Miami-Dade County adopted such an
ordinance in Ordinance No. 89-30, as codified in section 7-26.1 of the County Code, which
prohibits the operation of vessels in such a manner as to exceed the sound level of 90 dBA at a
distance of 50 feet from the vessel; and
WHEREAS, the Mayor and City Commission wish to clarify that, although section 46-152
of the City Code, and section 21-28 of the County Code, may be applied to noise(typically, music)
emitted from vessels and floating structures, engine or exhaust noise emitted from vessels should
be enforced as provided in section 7-26.1 of the County Code and Fla. Stat. 327.65.
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 46-152 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
CHAPTER 46
ENVIROMENT
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:
(a) Horns, signaling devices, etc. The sounding of any horn or signaling device on any
automobile, motorcycle, bus or other vehicle on any street or public place of the city,
except as a danger warning; the creation by means of any such signaling device of any
unreasonably loud or harsh sound; and the sounding of any such device for any
unnecessary and unreasonable period of time.
(b) Radios, televisions, phonographs, etc. The using, operating, or permitting to be played,
used or operated any radio receiving set, television set, musical instrument,
phonograph, or other machine or device for the producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants,
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or at any time with louder, volume than is necessary for convenient hearing for the
person or persons who are in or on the room, vehicle, vessel, floating structure, or
chamber in which such machine or device is operated and who are voluntary listeners
thereto. The operation of any such set, instrument, phonograph, machine or device
between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible
at a distance of 100 feet from the building, structure, vessel,floating structure, or vehicle
in or on which it is located shall be prima facie evidence of a violation of this section.
(c) Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal
or bird which causes frequent, habitual or long continued noise which is plainly audible
at a distance of 100 feet from the building, structure or yard in which the dog, animal or
bird is located.
(d) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or as a warning of fire or
danger or upon request of the proper municipal authority.
(e) Exhausts. The discharge into the open air of the exhaust of any steam engine,stationary
internal combustible engine, or motor vehicle except through a muffler or other device
which will effectively prevent unreasonably loud or explosive noises therefrom.
Notwithstanding the foregoing, engine or exhaust noise from vessels may be enforced
as provided in section 7-26.1 of the Miami-Dade County Code and section 327.65,
Florida Statutes.
(f) Defect in vehicle or load. The use of any automobile, motorcycle, jet ski, water bike,
recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such
manner as to create unreasonably loud or unnecessary grating, grinding, rattling or
other noise within a residential area.
(g) Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise
on any street adjacent to any school, institution of learning, house of worship or court
while the same are in use, or adjacent to any hospital, which unreasonably interferes
with the working of such institutions, or which disturbs or unduly annoys the patients in
the hospital, provided conspicuous signs are displayed in such streets indicating that it
is a school, hospital or court street.
(h) Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which
disturbs the peace and quiet of the neighborhood.
(i) Noises to attract attention. The use of any drum, loudspeaker or other instrument or
device for the purpose of attracting attention by creation of any unreasonably loud or
unnecessary noise to any performance, show, sale, display or advertisement of
merchandise.
(j) Loudspeakers, etc. The use or operation on or upon the public streets, alleys and
thoroughfares anywhere in this city for any purpose of any device known as a sound
truck, loudspeaker or sound amplifier or radio or any other instrument of any kind or
character which emits therefrom loud and raucous noises and is attached to and upon
any vehicle operated or standing upon such streets or public places aforementioned. It
is provided, however, that this subsection is not intended to be construed in a manner
that would interfere with the legitimate use of the foregoing loudspeaker type devices in
political campaigns.
(k) Power tools and landscaping equipment. The operation of noise-producing lawn
mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and
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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 8:00 p.m. and 10:00
a.m. on weekends and national holidays. The limitations on operation of noise-
producing power 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.
(I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential
area.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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 a 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 the a( day of F�✓ru4r , 2024.
r
ATTEST:
i ,
Steven Meiner, Mayor
FEB 2 3 2024
Rafael E. Granado, City Clerk :gip ,-4 BEq�c
9\Underline denotes additions.
iLe4hi�nh denotesIINCORP ORkTED s
C+r re deletions. :^o_
(Sponsored by Commissioner David Suarez) w.,,w,a-� APPROVED AS TO
FORM &LANGUAGE
Co-Sponsored by Mayor Steven Meiner &FOR EXECUTION
Co-Sponsored by Commissioner Tanya K Bhatt
Co-Sponsored by Commissioner Laura Dominguez t -Z-4-23
Co-Sponsored by Commissioner Alex J.Fernandez - City Attomey,n Dote
Co-Sponsored by Commissioner Joseph Magazine
Co-Sponsored by Commissioner Kristen Rosen Gonzalez
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Ordinances-R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attomey
DATE: February 21, 2024
10:25 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," BY AMENDING SECTION 46-152 THEREOF,
ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED,"
BY SPECIFYING THAT CERTAIN NOISE REGULATIONS APPLY TO NOISE
EMANATING FROM A VESSEL OR FLOATING STRUCTURE, AND
CLARIFYING THAT ENGINE OR EXHAUST NOISE EMITTED FROM
VESSELS MAY BE ENFORCED AS PROVIDED IN SECTION 7-26.1 OF
THE MIAMI-DADE COUNTY CODE; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
Was Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a
principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Ordinance was approved on first reading at the January 31, 2024 City
Commission meeting. No changes have been made between first and second reading.
The Business Impact Estimate(BIE)was published on January 12,2024.
See BIE at: https://www.miamibeachfl.gov/city-halllcity-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
•
Applicable Area
Not Applicable
Page 512 of 1278
Is this a"Residents Right Does this item utilize G.0,
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No •
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Suarez and Co-sponsored by Mayor and City Commission
ATTACHMENTS:
Description
o Commission Memorandum
o Ordinance
•
Page 513 of 1278
MAM BEACH
Rafael A.Paz,City Attorney
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meaner
Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: December 13, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE, ENTITLED
"ENVIROMENT," BY AMENDING ARTICLE IV, ENTITLED"NOISE," BY AMENDING
SECTION 46-152 THEREOF, ENTITLED "NOISES; UNNECESSARY AND
EXCESSIVE PROHIBITED," BY SPECIFYING THAT CERTAIN NOISE
REGULATIONS APPLY TO NOISE EMITTED FROM A VESSEL OR FLOATING
STRUCTURE AND CLARIFYING THAT ENGINE OR EXHAUST NOISE EMITTED
FROM VESSELS MAY BE ENFORCED AS PROVIDED IN SECTION 7-26.1 OF THE
MIAMI-DADE COUNTY CODE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
The proposed Ordinance (the "Ordinance°), sponsored by Commissioner David Suarez, is submitted
.for first reading at the December 13, 2023 City Commission meeting.
In the past few years,the City has seen a surge in recreational and commercial vessel activity on Miami
Beach waters, as well as recreational and commercial activities conducted on, or with, floating
structures.
However, the City must ensure that vessel operators are not undermining the health and quality of life
of other boaters or residents whose homes border City waters. This has become an issue since there
has been an increasing number of boaters on City waters who are playing music from their vessels at
unreasonably high volumes.
Section 46-152 of the City Code, along with section 21-28 of the Miami-Dade County Code, generally
prohibit unreasonably loud, excessive, unnecessary, or unusual noises by setting forth a non-
exhaustive list of specific acts that are declared to be unreasonably loud, excessive, unnecessary, or
unusual noises and that, thus, violate the City and County Codes.
Just as Miami-Dade County adopted such an Ordinance on October 3, 2023, the proposed Ordinance
would unequivocally clarify that the prohibition on unreasonably loud, excessive, unnecessary, or
unusual noise applies to noises (typically, music)emitted from a vessel or floating structure. If adopted,
the Ordinance would provide flexibility as enforcement could be effectuated pursuant to either the City
Code or the County Code. However, notwithstanding the foregoing, engine or exhaust noise emitted
from vessels should continue to be enforced as provided in section 7-26.1 of the County Code.
RAP/ MAF/bhs
Page 514 of 1278