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053-2000 LTC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.f1.us L.T.C. No 53-2000 LETTER TO COMMISSION March 22, 2000 TO: Mayor Neisen O. Kasdin and Members of the City Commission FROM: Lawrence A. Levy ~ City Manager SUBJECT: NOISE ON OCEAN DRIVE Attached is a report from the Department of Code Compliance concerning noise on Ocean Drive. The report details the enforcement action taken since January 1, 2000. I was on Ocean Drive between 11 :00 p.m. and 11 :30 p.m. last Saturday. The noise that was exorbitantly loud was coming from the locations noted in the report. I have asked that Code Compliance continue to monitor the area and take the necessary enforcement action. LLf'Ismu cc: Ronnie Singer, Executive Assistant to the City Manager Al Childress, Director, Department of Code Compliance F:\CODE\$ALL\CITYMGR\OCEANDRL TC 700 OCEAN DRIVE 01/27/00 - Location inspected at 9:35pm. A guitarist playing on porch, east side of the building. Music/noise level low, even from the east side of the building 100ft away. 01/28/00 - Location inspected at 9:05pm. No activity at all. 01/29/00 - Location inspected, there was no activity. 02/03/00 - Guitar player, music very low. Nothing heard from all sides, including east side 100ft away. 02/06/00 - Not playing at the time of the inspection. 10: 10pm 02/11/00 - 10:35pm, guitarist music above conversation level on east side only. 02/13/00 - 10:06pm, no live/no outdoor entertnm at the time of inspection. 02/18/00 - No performance seen tonight. 02/20/00 - Guitarist at the time of the inspection. Not above conversation level from all sides, including east side 100ft away. 02/26/00 - Guitarist and singer music not above conversation level. 03/02/00 - Guitarist on the north side of the building. Music loud above normal conversation level on north south and 100ft away east side. 03/05/00 - Speakers being used at the time of the inspection. Not above conversation level from all sides. 720 OCEAN DRIVE 01/27/00 - Location inspected at 9:37pm. No activity at all. 01/28/00 - Saxophone player at the time of the inspection, 9:08pm. Music level not higher than normal conversation levels from next door properties and barely audible from Ocean drive, 100ft away. 01/29/00 - No activity at the time of the inspection. NOTE: Equipment were out but no one playing at the time of the inspection. Amplified music levels low. 02/03/00 - Saxophone player. Music/noise level higher than normal conversation level from all sides except rear. Music level plainly audible from 100ft away, Ocean drive/east side. We didn't receive any noise complaint(s) reference this QTH, no violation issued. 02/06/00 - Saxophone player performing at the time of the inspection. Music heard from adj. property only the south side of the building. Nothing heard from the other sides including 100 ft ocean side. 02/11/00 - saxophone player, music above conversation level on east side only. Not in violation from other sides. 02/13/00 - No live performance at this time. Upright speaker in doorway of the QTH. Music not above allowable levels. 02/18/00 - No performance seen tonight. 02/20/00 - Speakers outside. Music not above conversation levels from all sides. 02/26/00 - Speakers outside, not above conversation levels all sides. 03/02/00 - saxaphone player on the north side ofthe bldg, audible from north and the east side. 03/05/00 - Saxophone player, music level not above conversation levels from all sides, including east. 728 OCEAN DRIVE 02/03/00 - Location inspected, all sides, nothing heard in any direction. 02/06/00 - Speakers (approved) music could be heard from adj. property north and ocean side. 02/11/00 - Speakers. Music not above conversation level from all sides. 02/13/00 - Speakers. Music not above conversation level from all sides. 02/18/00 - Speakers. Not above conversation level from all sides. 02/20/00 - Speakers, not above conversation levels from all sides. 02/26/00 - No music playing at all. 03/02/00 - Speakers, not audible from east side and also NOT audible beyond property lines. 03/05/00 - Speakers, not audible from all sides including the east side of Ocean drive 100ft away. 736 OCEAN DRIVE 02/03/00 - No entertainment, no activity at all, nothing heard. 02/06/00 - Speakers heard from the adj. property, south side (louder than nonnal converso level) 02/11/00 - Speakers. Music not above conversation level from all sides. 02/13/00 - Speakers. Music not above conversation level from all sides. 02/18/00 - Speakers. Music not above conversation level from all sides. 02/20/00 - Outside speakers. Music not above conversation level from all sides. 02/26/00 - no music at all and s/w tables and chairs on city property. 03/02/00 - No music at all. 03/05/00 - Speakers, not above conversation levels from all sides, next property line and 100ft east side 740 OCEAN DRIVE 02/03/00 - No entertainment, no activity at all, nothing heard. 02/06/00 - Saxophone player at the time of the inspection. Music heard from the north side and from 100ft east side. 02/11/00 - Music extremely high, above conversation level from all sides except rear (west). 02/13/00 - Saxophone player on the north side of the property. Music was above conversation level on the north side only. 02/18/00 - No performance seen tonight. 02/20/00 - Saxophone player, not above conversation levels from any side. 02/26/00 - Guitarist music not above conversation levels, check all four sides. 03/02/00 -Speakers, not audible beyond property lines. 03/05/00 - Guitarist singer, not above conversation level from any side. 900 OCEAN DRIVE 03/03/00 - Met with the owner of the location, we stood 100ft away east of Ocean drive and he came into compliance. His sound engineer was present during the inspection. He had to lower volume level three times before he finally came into compliance. 03/05/00 - Mango's employee posted on the east side of Ocean drive monitoring the noise volume/level as promised by David Wallack, owner. Another Mango's employee was also posted behind the QTH, alley, as always. Noise not above conversation levels from all sides. 918 OCEAN DRIVE 03/03/00 - Music extremely loud from east side of Ocean drive & beyond 100ft away. 03/05/00 - Music extremely loud, higher than normal conversation level east side of Ocean 100ft away. 940 OCEAN DRIVE 02/11/00 - No entertainment at the time of the inspection. 02/13/00 - Guitarist and a dancer. Music extremely high and above conversation level from all sides. 02/18/00 - Guitarist, signs, lights, smoke machine, CD sales, soliciting, vio's issued. Music extremely loud. 02/20/00 - Guitarist, drummer, dancer, signs, CD sales on s/w, illegal bar vio's issued again. Music extremely loud from all sides. 02/25/00 - No outdoor entertainment. 03/02/00 - Live entertainment was over at the time of the inspection. Overhead lights still there, TVs NOT audible beyond property lines. 03/03/00 - Guitarist and singer, 2 TV's, exterior bar open, sales of CDs and sign advertising sale, noise music loud from south side and east of Ocean 100ft away. In violation of conditional use, permit req. violation issued. 03/05/00 - Guitarist /drummer above conversation levels, extremely loud from Ocean drive side. Violation issued again for illegal lights, illegal signs, exterior bar (conditional use vio). 960 OCEAN DRIVE 02/25/00 - Music loud 100ft away in the alley, west side. Violation issued. 03/02/00 - Music volume was OK. Not audible from 100ft away. 03/03/00 - Music heard from the north side of the 10th street auditorium, in violation of the noise Violation issued when we heard music from the alley more than 100ft away. FYI FYI Third violation issued against the QTH in the last three weeks. 03/05/00 - Music extremely loud from Ocean drive side. At 1 :05am another noise violation was issued because the noise level was audible and louder than normal conversation levels from alley west side of the property more than 100ft away. Luis Oliver, promoter signed the violation. 1020 OCEAN DRIVE 03/02/00 - Music volume ok from west, south and north side. 03/03/00 - Met with mgr of the property and few other people at the location, 100ft away east side of the bldg, east of Ocean. Music was above conversation levels 100ft away. Ian, mgr requested his employees to turn music level down. 5 minutes later he came into to compliance. No violation issued. Verbal warning, only. 03/05/00 - Music/noise level not above conversation level, east side of Ocean drive 100ft away. 1052 OCEAN DRIVE 02/11/00 - Live band, volume above conversation level on all sides except the rear. Extremely high. 02/13/00 - No performance at the time of the inspection. 02/18/00 - No live performance seen at 11 :OOpm. 02/18/00 - Live band just started, Violation issued for outdoor entertainment. 02/20/00 - Live band. Girls dancing on top of the bar.. Music loud from all sides, except alley. 03/03/00 - Music level extremely loud. Music heard from 1020 Clevelander east side of Ocean. We warned that we will now enforce the noise ordinance from east side of Ocean 100ft away. 03/05/00 - Band performing, music extremely loud from the east side of Ocean drive, loud from south and north side property line but not audible from the west side (rear of the bldg). 1060 OCEAN DRIVE 02/18/00 - Guitarist, drummer, dancer, soliciting, CD sales on s/w, illegal signs, vio's issued. Music loud. 02/20/00 - Guitarist, singer. Cited for outdoor entrertnm w/o approvals. 03/05/00 - No music, no speakers. 1238 OCEAN DRIVE 02/06/00 - Jazz, music louder than normal converso level on north and south side. Rear quiet. 02/11/00 - No live entertainment seen. 02/13/00 - no performance at the time of the inspection. 02/18/00 - Jazz band. Not above conversation level. 1300 OCEAN DRIVE 02/11/00 - No performance at the time of the inspection. 11 :48pm. 02/13/00 - guitarist and a flamenco dancer on the south side. Above conversation level from all sides. 02/18/00 - No outdoor entertainment tonight seen at the time of the inspection. 03/05/00 - Performance, if any, over at the time of the inspection.