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NO. LTC # iao-zoia LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager -
DATE: May 7, 2010
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SUBJECT: Noise Report: January -March, 2010 (Quarter 1-10)
This Letter to Commission provides the January through March, 2010 (Q1-10) quarterly report on the
implementation of the City's Noise Ordinance, as amended in July, 2008, and as required pursuant to the
Administrative Guidelines adopted via resolution. The data for noise reports is aggregated by calendar
year quarters, and includes all of the information required per the Administrative Guidelines approved on
October 7, 2008.
1. Summartr
Quarter one is historically the highest quarter of the year forthe total number of noise complaints opened.
For the reporting period of January 1, 2010 to March 31, 2010, the Division opened a total of 1,404 noise
cases. Seventeen of the cases were voided. Of the 1387 cases with dispositions, 41 of those calls were
cancelled by the complainant; as such, their disposition is "cancelled." Since those 41 cases had a
disposition of "cancelled," that leaves 1,346 cases where the disposition was valid/non-valid. The
following chart demonstrates the current trends of cases opened, by quarter, since the noise ordinance
was approved (total number of cases opened reflects the 17 cases subsequently voided). As you will
note, Q1-10 is following previous trends as being the calendar quarter with the highest number of cases
opened, and reflects more cases opened than in the same quarter in 2009 (1089), and is the highest
quarter since Q2-06 when noise reporting began.
Total Cases Opened
(by Quarter)
---___~___------_ _-----__-_
1500 - -
~ 1404 I
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1300
1089
1100 7000
7072
895 ~
~ 2006
f 2007
800 - 784 -- - -rr 2008
873 ~- 2009
693 739 ~- 2010
700 - _. 662 726 '
637 485 599
500
434
300
Q1 Q2 Q3 Q4
Page 2 of 6
Noise report -Quarter 1, 2010
The total number of Noise Cases for this quarter was 1,346 cases, with a validity rate of approximately
16% as shown in the table below. As previously noted in other reports, valid cases are those cases
whereby "noise" meeting the definition of the noise ordinance is occurring at the time of a Code
Compliance Officer's (or Police Officer's) arrival. Anon-valid case disposition is not intended to
demonstrate that noise did not occur, only that noise meeting the standard of the ordinance, and thus a
valid violation, was not occurring and could not be witnessed by the Code Compliance Officer (or Police
Officer) as would be necessary for a violation to be issued.
The detail data as required per the Administrative Guidelines is presented in table form in Attachment
A for commercial cases, and in Attachment B for all cases. Additional data has also been included to
provide further information in some areas, as has been requested.
ll. Commercial vs. Residential and Other Cases
For purposes of this report, residential cases are those cases of noise occurring in asingle-family home,
condo or apartment and commercial cases are those occurring in a hotel, bar, restaurant, retail,
condo/hotel, or club. "Other" cases are those that do not fall into one of those categories, such as public
parks, public right of ways, or waterways. The majority of noise cases continue to be in residential
areas. The total number of noise cases opened in residential areas this quarter was 926, or 68.8%, of
the 1346 valid/non-valid noise cases opened.
TOTAL CASES Residential vs. Commercial (Valid /Non-Valid)
OF TOTAL CASES
RESIDENTIAL 926 68.9%
COMMERCIAL 292 21.7%
OTHER 128 9.5%
TOTAL 1346
Tough the majorities of the cases are for residential noise complaints, historically, commercial noise
has been the main concern and was the impetus for revisions to the noise ordinance.
Page 3 of 6
Noise report -Quarter 1, 2010
lll. Commercial Cases
Comparable data for commercial cases is available back to and including Q4-07 and is utilized in this
report. Prior to October, 2007, the classification of cases as commercial versus residential was not
consistent enough to provide comparables. For example, prior to October, 2007, cases were grouped as
commercial or residential, with nosub-categories. In spot reviews of case files, it was noted that in some
cases for apartments were listed as commercial instead of residential. Since October, 2007, the same
criteria for commercial cases have been utilized, providing us with a good indication of trends relating to
commercial noise complaints.
In Q1/10, Commercial cases accounted for 292 of these remaining 1346 cases opened (21.7% of all
noise cases opened). Complaints were received for 286 of those commercial noise cases and six
cases were opened as a result of officers (Code Compliance or Police) witnessing a violation while on
patrol. As noted in the chart below, during the same quarter last year (Q1-09), there were 252
commercial noise cases, while for the last quarter (Q4-09) there were 197 commercial noise cases.
Commercial Cases Opened by Quarter
(Since Q4/07)
400 344 323 292
300 - - -
252
200 - -_ __ -
172 189 1 197
100 - 33_ 118 --
p -- -
Q4- Q1- Q2- Q3- Q4- Q1- Q2- Q3- Q4- Q1-
2007 2008 2008 2008 2008 2009 2009 2009 2009 2010
Cases by Establishment Type:
Of commercial establishments, restaurants have the most noise cases opened, with 29.5% of all of the
commercial cases opened (86 of 292); 14 of those cases were deemed valid (16.3%). The second
highest number of commercial cases opened was for hotels (82 of 292); 22 of those cases were
deemed valid (26.8%). The following chart demonstrates the breakdown between establishment types.
Commercial Cases (Q1/10) By Establishment Type
^ RESTA URP
29
^ CLUBS
17%
CONDO/HOTEL
10%
o HOTEL
28%
® CONSTR-CAM
~"~ ^ RETAIL ®BARS
5% 14%
Page 4 of 6
Noise report -Quarter 1, 2010
Cases by Noise Tvpe:
Loud Music remains the primary reason for noise calls; with 84.5% of ALL noise cases opened as a
result of loud music complaints; that number is higher, 92.5%, for commercial only noise cases.
Of the 292 commercial cases, 64 (21.9%) of those were deemed valid and 228 (78.1 %) were
closed as non-valid. Of the 64 valid cases, 4 resulted in verbal warnings, 33 of the cases resulted
in a written warning and 27 were violations that carry fines. As can be seen in the chart below
reflecting what percentage of commercial cases as valid vs. non-valid, the percentage of valid
cases this quarter is higher than the previous quarter.
Commercial Cases (Valid / NonValid)
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Quarter ^ NON-VALID ^ VALID
As requested by the stakeholders, a chart depicting "reasons why non-valid" has been added to the
report. These reasons have been used by code officers to explain why the non-valid disposition was
concluded. This chart no longer includes cancelled cases, as that has been added as a separate
disposition, along with valid and non-valid. This chart depicting commercial cases is attached as
Attachment C.
IV. Time to arrive
Data on "time to arrive" is compiled to assist in determining whether the time between the receipt of a
complaint by dispatch and the arrival of a Code Compliance Officer may affect the percentage of cases
closed as non-valid.
The numbers below are for commercial cases and reflect that the time of arrival was significantly longer
for cases deemed "non-valid". During this quarter, the time from when a call was received by dispatch
to the time the code officer arrived at the location of the complaint for a commercial case averaged
0:12:44 for valid cases, 0:20:01 for cases deemed "non-valid". It is interesting to note that during the
Page 5 of 6
Noise report -Quarter 1, 2010
six-day Winter Music Conference (WMC) period, the time from when a call was received by dispatch to
the time the code officer arrived at the location of the complaint for a commercial case averaged
0:19:17 for valid cases and very little difference for the "non-valid" cases with an average arrival time of
0:19:37.
Time Elapsed from Call Received by Dispatch until Code
Officer's Arrival
(h:mm:ss)
Valid Non-Valid
0:12:44 0:20:01
V. Major Event Periods /Special Events/Special Circumstances
This reporting period included several high profile special events and major event periods, including the
South Beach Wine and Food Festival; the Miami International Boat Show; the Festival of the Arts; Art
Deco Weekend; Pro Bowl /Super Bowl Period; Spring Break and WMC. While many of these events
have components that may cause noise, WMC includes events that are specifically music-oriented.
• WMC results in an increase in the number of noise cases opened and this WMC was no
exception. A total of 198 cases were opened during the six-day period of WMC with an
average of 33 cases per day as compared to an average of 13.6 cases per day (for non
WMC/Bowl Period) for the entire quarter. Of these 198 cases, 80 cases were commercial
(40.4%), 102 cases were residential (51.5%) and 16 were classified as "other" (8.1 %). During
Winter Music Conference 31.3% of commercial cases were deemed valid and 14.7% of
residential cases were deemed valid.
• During the 10 day Pro Bowl/Super Bowl period 166 total cases were opened for an average of
16.6 cases per day as compared to the 13.6 cases per day (non WMC/Bowl Period) for the
entire quarter. O these 166 cases 31 were commercial (18.7%), 115 were residential (69.3%),
and 20 were classified as "other" (12%). During Pro Bowl/Super Bowl Period 25.8 % of the
commercial cases were deemed valid and 17.4% of the residential were deemed valid.
Vl. Anonymous vs. Known-complainant(s)
The report captures whether or not a complainant was anonymous or identified themselves. However,
we have found that even on occasions where the complainant is anonymous when the call is made to
the dispatcher, the complainant may speak with the code compliance officer on site. Of the 292
commercial cases there were 156 anonymous complaints, 13 anonymous complaints with contact
made on site, 117 cases with contact information provided and six cases initiated by the officerwhile on
patrol. The anonymous complaints represent 53.4% of total commercial complaints and represent
57.9% of all commercial non-valid complaints.
Vll. Time/date of violation
As noted in the attachment, fewer commercial cases were opened for noise occurring from 7a to 11 p
(41.1 % of all commercial valid/non-valid cases), than from 11 p to 7a (58.9%). The highest percentage
of commercial cases was opened on Fridays and Saturdays (19.9% each) in the quarter.
Totals lam - 11pm 11p - 7a
Valid 64 25 39
Commercial
Non-Valid
228
95
133
Page 6 of 6
Noise report -Quarter 1, 2010
Vlll. Appeals
Nineteen appeals were filed for violations issued during this reporting period. Sixteen were
commercial cases and three were residential. The outcome is reflected in Attachment D, along with
updates that occurred this quarter on appeals filed previously.
RECOMMENDATIONS/ISSUES/CONCLUSION:
The quarter reflects the highest number of noise cases opened since the adoption of the new noise
ordinance. Quarter one traditionally has the highest number of noise cases opened due to the number
of special events within the period, and this year included Pro Bowl and Super Bowl. As in previous
quarters, residential noise cases continue to represent the largest percentage of cases opened, with
restaurant noise cases representing the largest number of commercial noise cases opened. The
quarter had a higher rate of valid closures as compared to the last quarter.
The percentage of valid/non-valid varies between residential and commercial cases, with a higher
percentage of valid case dispositions for commercial cases.
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ATTACHMENT D
Date of Speaal
Master Case Code Case
Address
Name
Status
Violation Number Number
12107/2008 JC09000333 CE09001609 224 Meridian Ave Jairo Franco Adjudicated guilty of 2nd offense, fine of $1,000 to be paid by
6/12/09 (fine not paid)
03/14/2009 JC0900495 CE09003925 323 23rd St Acqua LLC SM scheduled for 5/14/09, continued to 6/25/09.) 6/25/09 vio
proven, adjudicated guilty of 2nd offense. (7/6/09 Motion for
reconsideration and rehearing filed. Motion denied on 7/10/09.
(Fine of $2,000 not yet paid)
03/21/2009 JC09000554 CE09004144 323 23rd St Acqua LLC dba SM scheduled for 5/14/09, continued to 6/25/09.) 6/25/09 vio
Rain proven, adjudicated guilty of 3rd offense. (7/6/09 Motion for
reconsideration and rehearing filed. Motion denied on 7/10/09.
(Fine of $2,000 not yet paid)
03/25/2009 JC09000590 CE09004241 1235 Washington Star Island SM scheduled 5/14/09, continued to 6/11/09. Petitioner and
Ave Entertainment respondant shall submit a memo outlining their respective position
by 6/22/09.
07/12/2009 JC09000966 CE09008099 912 71st Street Mediterraneo Azul 12/10/09 -Violation valid, proven through clear and convincing
Inn evidence, adjudicated guilty of a second offense. Fine of on
1/7/10$1,000 shall be paid by 3/10/10. Fine not paid issued CB
INVOICE# 00014954 $1,000.00
08/01/2009 JC09000971 CE09008701 323 23rd Street Aqua LLC dba 9/24/09 Special Master Hearing -City will submit Order for Special
Rain Master signature. SM sent inquiry to Legal regarding status of the
agreed order that was to be submitted. No order submitted as
2/25/10.
08/23/2009 JC09001047 CE09009228 2377 Collins Ave WSA South Beach 2/18/10 Chief SM -Joint motion for continance is granted due to
LLC the fact that petitioner is attempting to resolve this matter with the
City.. If parties are unable to reach a settlement acceptable to the
Chief Special Master, both parties shall be prepared to conclude
the evidentiary hearing on 6/10/2010 at 6:30pm
09/22/2009 JC10000016 CE09009973 540 West Ave Grant Nachman 11/12/09 Petitioner adjudicated guilty of 1st offense. Fine to be
paid by 11/23/09. As of 4/16/10 no payment.
11/2012009 JC10000196 CE10001161 2201 Collins Ave 2201 Collins Fee 1/14/10 Request for continuance granted to 4/8/10 where a
LLC T/A W Hotel continuance is granted to 4/22/10.
11/20/2009 JC10000197 CE10001188 928 Penn Av Jonathan Agne / 1/14/10 -Determination of Timeliness. Appeal filed 2 days late.
Charles Kline No Service. Scheduled for 3/11!10 where it is noted that no one
was present by 7:56pm. The request to appeal the violation is
denied, due to the fact that the request was not filed timely.
11/21/2009 JC10000195 CE10001193 655 Washington Federico Alberto 1/14/2010 - No Service, now scheduled for 3/11/10 where a
Ave Mendez continuance is granted to 6/10/10
11/22/2009 JC10000194 CE10001210 114 2nd Te Rivo Jairo Perez 1/14/10 The City's requested continuance granted to 03/11/2010
Alto where per Code Compliance, this violation was changed to a
written warning on 1125110. Petitioner withdrew appeal.
11/29/2009 JC10000198 CE10001347 448 Espanola Tapas y Tintos 1/14/2010 Appeal withdrawn
Way Restaurant
12/06/2009 JC10000297 CE10001530 1235 Washington Star Island Scheduled for SM hearing 3/11!10 where it was continued to
Ave Entertainment LLC 4/8/10 (inspector unavailable). On 4/8/10 petitioner's request for a
dba Mansion continuance is granted to 6/10/10
12125/2009 JC10000296 CE10001984 8300 Crespi Blvd Alejandro Scheduled for SM hearing 3/11/10 where it was scheduled for
Restrepo 6:30pm. It is noted that no one was present by 7:58pm. Petitioner
Villamizar is adjudicated guilty of a 1st offense.
Date of Special Code Case
Master Case Address Name Status
Violation Number
Number
01/10/2010 JC10000331 CE10002369 1235 Washington Star Island Ent SM Hearing 4/8/10 -Agreed order submitted for signature. Appeal
Ave LLC dba Mansion withdrawn. Appeal fee returned to petitioner.
01/22/2010 JC10000332 CE10002680 2201 Collins Ave 2201 Collins Fee 418/10 SM hearing -Petitioner's request far a continuance is
LLC granted. Scheduled for SM hearing 4/22/10
01/28/2010 JC10000333 CE10002894 2201 Collins Ave 2201 Collins Fee 4/8/10 SM hearing -Petitioner's request for a continuance is
LLC granted. Scheduled for SM hearing 4/22/10
02/05/2010 JC10000345 CE10003144 2120 Bay Av Gregory Mirmelli / SM hearing 4!8!10 -defendant filed motion for recusal requested
Sunset 4 Monika Entin, continuance. Petitioner's motion for recusal denied. Petitioner's
Esquire request for continuance granted. Continued to SM hearing 6/10/10
02/12!2010 JC10000424 CE10003472 928 Penn Av Charles Klein Scheduled for SM 5/13/10 for determination of timeliness. Appeal
Gary Jr filed 4 days late.
02/14/2010 JC10000346 CE10003505 1235 Washington Star Island SM Hearing 4/8/10 -Agreed order submitted for signature. Appeal
Ave Entertainment, withdrawn. Appeal fee returned to petitioner.
LLC dba Mansion
02!20/2010 JC10000425 CE10003694 655 Washington KM Club, LLC Scheduled for SM 5I13I10
Ave
02!27/2010 JC10000423 CE10003875 1775 Collins Av Brilla AJ RMB LLC Scheduled for SM 5/13/10
03/20/2010 JC10000426 CE10004573 2377 Collins Ave Sandy lane Scheduled for SM 6/10110
Residential LLC,
dba Gansevoort
03/23/2010 JC10000443 CE10004704 2201 Collins Ave W Hotel Scheduled for SM 5/13/10
03/24/2010 JC10000442 CE10004736 1671 Collins Ave Sagamore Hotel Scheduled for SM 5/13/10
03/2 612 01 0 JC10000444 CE10004869 136 Collins Ave Kaine Bar Grill, Scheduled for SM 5/13/10
LLC dba Klutch
03/26/2010 JC10000454 CE10004859 1801 Collins Ave Shelborne Beach Scheduled for SM 4/22/10
Resort
03/27/2010 JC10000445 CE10004898 136 Collins Ave Kaine Bar Grill, Scheduled for SM 5!13/10
LLC dba Klutch
03/27/2010 JC10000455 CE10004930 1801 Collins Ave Shelbourne Hotel Scheduled for SM 4/22/10
03/28/2010 JC10000446 CE10004947 136 Collins Ave Kaine Bar Grill, Scheduled for SM 5/13/10
LLC dba Klutch
03/28/2010 JC10000456 CE10004967 1901 Collins Ave The Shore Club Scheduled for SM 4/22110
03/28/2010 JC10000461 CE10004958 113 Lincoln Rd Dutch Music Scheduled for SM 5/13110
Group, LLC
03/28/2010 JC10000462 CE10004943 2120 Bay Ave Gregory Mermelli Scheduled for SM hearing 6!10/10 -Not Timely, Filed 6 days late.
Sunset 4 Special Master Needs to rule on the timeliness.