Ordinance 2024-4592 ORDINANCE NO. 2024-4592
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," TO CORRECT A
SCRIVENER'S ERROR AND TO PROVIDE AN EXEMPTION ALLOWING
GOLF COURSES TO CONDUCT MAINTENANCE AT A TIME CERTAIN.
PRIOR TO 8:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, currently, Section 46-152 of the City Code prohibits the operation of power
tools and landscaping equipment 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; and
WHEREAS, golf courses are unique recreational and sporting facilities that require
meticulous maintenance to ensure the optimal playing conditions for golf enthusiasts; and
WHEREAS, allowing golf courses an exemption from the specified time restrictions
acknowledges the specialized nature of their maintenance needs and ensures that they can
conduct necessary tasks, such as mowing, edging, and other equipment operation, starting at
5:300 a.m; and
WHEREAS, the exemption proposed in this Ordinance aims to strike a balance between
community noise considerations and the essential upkeep of golf courses, facilitating their role
in providing a well-maintained and enjoyable environment for both players and the community.
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 follows:
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 equipment and 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 restrictions on
the operation of noise-producinq equipment and tools at golf courses shall apply
between the hours of 8:00 p.m. and 5:30 a.m. on weekdays, 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.
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 day of frl4rck , 2024.
PASSED AND ADOPTED this ai day of F-ehru40 y , 2024.
ATTEST: //
FEB 2 3 2024 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions APPROVED AS TO '91c'?%Strikethrough denotes deletions FORM & LANGUAGE = `•
& FOR EXECUTION INCORP RATED
(Sponsored by Commissioner Kristen Rosen Gonzalez) � '-,,� . ....•; ,=
Co-Sponsored by Commissioner David Suarez
Co-Sponsored by Commissioner Joseph Magazine 2 City Attorney =
Date
Ordinances- R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
10:20 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, ENTITLED
"NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED," TO
CORRECT A SCRIVENER'S ERROR AND TO PROVIDE AN EXEMPTION
ALLOWING GOLF COURSES TO CONDUCT MAINTENANCE STARTING
AT 6:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
Was this 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
See attached Commission Memorandum.
The Business Impact Estimate (BIE)was published on February 9, 2024.
See BIE at: https://www.miamibeachfl.gov/city-halUcity-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
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
Page 507 of 1278
Office of the City Attorney
Sponsor
Vice-Mayor Kristen Rosen Gonzalez and Co-sponsored by Commissioners David Suarez and
Joseph Magazine
ATTACHMENTS:
Description
D Commission Memorandum
o Ordinance
Page 508 of 1278
IV\1 A NA\ B E AC H
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 Meiner and Members of the City Commission
Aline T. Hudak, City Manager
SECOND READING
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
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," TO CORRECT A
SCRIVENER'S ERROR AND TO PROVIDE AN EXEMPTION ALLOWING GOLF
COURSES TO CONDUCT MAINTENANCE AT A TIME CERTAIN PRIOR TO
8:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
The attached Ordinance was prepared at the request of Vice-Mayor Kristen Rosen Gonzalez for
consideration at the February 21, 2024 City Commission meeting. The Mayor and City
Commission approved the Ordinance on first reading at January 31, 2024 City Commission
meeting.
Currently, Section 46-152 of the City Code prohibits the operation of power tools and landscaping
equipment 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.
Golf courses are unique recreational and sporting facilities that require meticulous maintenance
to ensure the optimal playing conditions for golf enthusiasts. Allowing golf courses an exemption
from the specified time restrictions acknowledges the specialized nature of their maintenance
needs and ensures that they can conduct necessary tasks, such as mowing, edging, and other
equipment operation. Between first and second reading, the Mayor and City Commission
amended the starting time from 6:00 a.m. to 5:30 a.m.
The exemption proposed in this Ordinance aims to strike a balance between community noise
considerations and the essential upkeep of golf courses, facilitating their role in providing a well-
maintained and enjoyable environment for both players and the community.
If this ordinance is adopted, Commissioner Rosen Gonzalez has requested that the
Administration report back to the City Commission within six(6)months with information as to any
complaints or other issues arising out of this limited exception for the golf courses, to allow the
City Commission to determine whether the proposed accommodation should continue.
RAP/FA/ag
Page 509 of 1278