LTC 149-2010 Noise Report: October - December, 2009m MIAMI BEACH ~ ~~~~ ~ `~
OFFICE OF THE CITY MANAGER Lu i'a (''~ ~. i `~ ~il 1 I I
NO. LTC # 149-2010 LETTER TO COIvIMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 19, 2010 ~
SUBJECT: Noise Report: October -December, 2009 (Quarter 4-09)
This Letter to Commission is intended to provide the 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 on that date. Data for noise reports is collected by calendar year quarters, and
includes information as required by theAdministrativeGuidelines asapproved on October 7, 2008. This
report includes data from October through December, 2009 (Q4-09).
BACKGROUND:
Historically, commercial noise has been the main concern and was the impetus for revisions to the noise
ordinance. This quarterly report continues to include data on all cases (commercial, residential and
other), but the summary focuses on commercial cases. All of the reporting data required by 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. Comparable data for commercial cases is available back to and
including Q4-07 and is utilized in this report as appropriate. Priorto 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 no sub-
categories. In spot reviews of case files, it was noted that in some cases for apartments were listed as
commercial instead of residential. It would require a manual review of case notes for cases prior to
October 2007 to determine if cases were properly classified as residential or commercial. 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.
UARTER 4/October-December. 2009 -COMMERCIAL NOISE CASES
Complaint/violations history for Q4-09:
Quarter four is historically the second highest quarter of the year for the total number of noise
complaints opened and that held true through this reporting quarter. For the reporting period of October
1, 2009 to December 31, 2009, the Division opened a total of 895 noise cases. Thirteen of the cases
were voided. Of the 882 cases with dispositions, 23 of those calls were cancelled by the complainant; as
such, their disposition is "cancelled." Since those 23 cases had a disposition of "cancelled," that leaves
859 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 13 cases subsequently voided). As
you will note, Q4-09 is following previous trends as being the calendar quarter with the second highest
number of cases opened, and reflects fewer cases opened than in the same quarter in 2008 (1000), and
is the fourth highest quarter since Q2/06 when noise reporting began.
Page 2 of 5
Noise report -Quarter 4, 2009
Total Cases Opened (by Quarter)
1200
1100
1000
900
800
700
600
500
400
300
200
t 2006
+ 2007
-~ 2008
t 2009
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 626, or 72.9%, of
the 859 valid/non-valid noise cases opened.
TOTAL CASES Residential vs. Commercial (Valid and Non-Valid)
OF TOTAL CASES
RESIDENTIAL 626 72.9%
COMMERCIAL 197 22.9%
OTHER 36 4.2%
TOTAL 859
Commercial Noise Cases:
In Q4/09, commercial cases accounted for 197 of these remaining 859 cases opened (22.9% of all
valid/non-valid noise cases opened). Complaints were received for 191 of those commercial noise
cases and six cases were opened as a result of officers (police or code compliance) witnessing a
violation while on patrol. As noted in the chart below, during the same quarter last year (Q4-08), there
were 189 commercial noise cases, while for the last quarter (Q3-09) there were 118 commercial noise
cases.
Q1 Q2 Q3 Q4
Page 3 of 5
Noise report -Quarter 4, 2009
COMMERCIAL CASES OPENED BY QUARTER (SINCE Q4/07)
400 344
350 - - - -
323
300 - - ----- - -
250 252 - -
197
200 - - ----
172 189 141
150 133
100
0 - --
Q4- Q1- Q2- Q3- Q4-
2007 2008 2008 2008 2008
118
Q1- Q2- Q3- Q4-
2009 2009 2009 2009
Cases by Establishment Tvpe:
Of commercial establishments, restaurants have the most noise cases opened, with 25.4% of all of the
commercial cases opened (50 of 197); 8 of those cases were deemed valid (16.0%). The second
highest number of commercial cases opened was for hotels with 19.8% of all the commercial cases
opened (39 of 197); 5 of those cases were deemed valid (20.5%). The following chart demonstrates the
breakdown between establishment types.
COMMERCIAL CASES Q4/09 BY TYPE
.AR, 18%
RESTAURANT,
25%
CLU6,18%
HOTEL-CONDO,
11%
HOTEL, 20%
Cases by Noise Tvpe:
Loud Music remains the primary reason for noise complaint calls; with 90.3% of ALL noise cases
opened as the result of loud music complaints; that number is higher, 91.9°/0, for commercial only noise
cases.
Valid vs. non-valid
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.
RETAIL, 8%
Page 4 of 5
Noise report -Quarter 4, 2009
Of the 197 commercial cases, 30 (15.2%) of those were deemed valid and 167 (84.8%) were closed as
non-valid. Of the 30 valid cases, six resulted in verbal warnings, 16 of the cases resulted in a written
warning and eight were violations that carry fines. As can be seen in the chart below reflecting what
percentage of commercial cases is valid vs. non-valid, the percentage of valid cases this quarter is
lower than previous quarters.
Commercial Cases (Valid / NonValid)
~ oo~ro -
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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.
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 slightly longer for
cases deemed non-valid. 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 0:18:50 for valid cases,
and 0:21:24 for cases deemed "non-valid."
Time Elapsed from Call Received by Dispatch until Code Officer's Arrival
(h: mm: ss)
Valid Non-Valid
0:18:50 0:21:24
Page 5 of 5
Noise report -Quarter 4, 2009
Anonymous vs. Known-complainant(s)
The report captures whether or not a complainant was anonymous or identified themselves. 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. There were 76
anonymous commercial complaints, seven anonymous complaints with contact made on site and 66
cases with contact information provided. The anonymous complaints represent 38.5% of total
commercial cases and 40.1 % of all commercial non-valid cases
Time/date of violation
As noted in the attachment, fewer commercial cases were opened for noise occurring from 7a to 11 p
(33.5%) of all commercial valid/non-valid cases), than from 11 p to 7a (66.5%). Overall, the highest
number of cases were opened on Saturdays during the quarter (21.8%).
Totals lam - 11pm 11p - 7a
i
C
l Valid 30 6 24
ommerc
a Non-Valid 167 60 107
Appeals
Seven appeals were filed for violations issued during this reporting period. Four were commercial
cases and three were residential. Their status is reflected in Attachment D, along with updates that
occurred during this quarter on appeals filed previously.
RECOMMENDATIONSIISSUESICONCLUSION:
The quarter reflects the fourth highest number of noise cases opened since the adoption of the new
noise ordinance. As in previous quarters, residential noise cases continue to represent the largest
percentage of cases opened, with restaurant noise cases (replacing hotels) representing the largest
number of commercial noise cases opened. The quarter also had a lower rate of valid closures as
compared to previous quarters. The percentage of valid/non-valid varies between residential and
commercial cases, with a slightly higher percentage of valid case dispositions for commercial cases.
ATTACHMENTS
JMG/HMF/gt
H:1Other Departments\Code Compliance\NoiselNoise Report Q4 -09 4 30 10.doc
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ATTACHMENT D
Date of Special
Master Case Code Case
Address
Name
Status
Violation Number Number
12/07/2008 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)
01/25/2009 JC09000365 CE09002634 960 Ocean Dr SOBE USA LLC 3/12/09 - SM Adjudicated guilty of 3rd offense, payment of fine
dba Ocean's Ten $2,000 is stayed for 30 days to allow petitioner to appeal this order.
(4/10/09 Notice of appeal filed) [Fine of $2,000 paid 11/17/09]
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 et aid
03/21/2009 JC09000554 CE09004144 323 23rd St Acqua LLC dba SM scheduled for 5/14/09, continued to 6/25109.) 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 5/14109, continued to 6/11109. 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 $1,000
shall be aid b 3/10/10.
07/24/2009 JC09000970 CE09008493 1200 Washington Tuto Pazzo dba 9/24/09 Special Master Hearing - Appeal f led 1 day late -
Ave Hed Kandi Lounge determination of timeliness - No Service 10/22/09 Special
Master Hearing, Appeal filed 1 day late -determination of
timeliness - No Service
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 10/8/09 Hearing canceled. 11/12/09 Rescheduled for 01/14/2010.
LLC Currently trying to settle with city. Will be heard on 6/10/10 if no
settlement
0 9/1 012 0 0 9 JC09001175 CE09009695 1720 Collins Ave Catalina Dorset 1018/09 Hearing canceled. 11/12/09 Appeal withdrawn.
LLC
09/22/2009 JC10000016 CE09D09973 540 West Ave Grant Nachman 11/12/09 Petitioner adjudicated guilty of 1st offense. Fine to be
aid b 11/23/09
09/27/2009 JC10000064 CE09010067 8060 Hawthorne Marlene Gonzalez Hearing 12/10/09 -violation not proven through clear and
Ave convincin evidence. Case dismissed.
2201 Collins Ave 2201 Collins Fee 1/14/10 Request for continuance granted to 418110
11/20/2009 JC10000196 CE10001161 LLC T/A W Hotel
928 Penn Av Jonathan Agne ! 1/14/10 -Determination of Timeliness. Appeal filed 2 days late.
11/20/2009 JC10000197 CE10001188 Charles Kline No Service. Scheduled for 3/11/10
655 Washington Federico Alberto 1/14/2010 - No Service, now scheduled for 3/11/10
11/21/2009 JC10000195 CE10001193 Ave Mendez
114 2nd Te Rivo Jairo Perez 1/14/10 The City's requested continuance granted to 03/11/2010
11/22/2009 JC10000194 CE10001210
Alto
448 Espanola Tapas y Tintos 1/14/2010 Appeal withdrawn
11/29!2009 JC10000198 CE10001347 Wa Restaurant
1235 Washington Star Island Scheduled for SM hearing 3/11110
12/06/2009 JC10000297 CE10001530 Ave Entertainment LLC
dba Mansion
8300 Crespi Blvd Alejandro Scheduled for SM hearing 3/11/10
12/25/2009 JC10000296 CE10001984 Restrepo
Villamizar
ATTACHMENT D
Date of Special
Master Case Code Case
Address
Name
Status
Violation Number Number
07/01/2009 JC09000965 CE09007837 11/13/2009 Special Master Hearing CitationNiolation #
CE09007793 (Written Warning),
CE09007837 (1st Offense),
CE09005829 (2nd Offense),
CE09008642 (3rd Offense),
CE09009403 (4th Offense), and
CE09009754 (5th Offense)
Description: Notice of Violation and Fines issued to Florida
07/26/2009 JC09000967 CE09008529 Carpenters Regional Council
Address: 1601 COLLINS AV MBCH
After hearing testimony and viewing evidence presented in the
above-stated cause, a ruling in favor of the Respondent is made.
ORDERED and ADJUDGED:
08/29/2009 JC09001041 CE09009403
1. The Written Warning issued under Case Number CE09007793
was proven through clear and convincing evidence to be valid.
1601 Collins Florida
'
2. The Notice of Violation and Fine issued under Case Number
Avenue Carpenter
s CE09007837 was not proven through clear and convincing
Regional Council evidence. This case is dismissed.
3. The Notice of Violation and Fine issued under Case Number
CE09005829 was proven through clear and convincing evidence
to
be valid. Petitioner is adjudicated guilty of a First Offense.
07/30/2009 JC09000969 CE09008642 4. The Notice of Violation and Fine issued under Case Number
CE09008642 was proven through clear and convincing evidence t
be valid. Petitioner is adjudicated guilty of a Second Offense.
5. The Notice of Violation and Fine issued under Case Number
CE09009403 was proven through clear and convincing evidence t
be valid. Petitoner is adjudicated guilty of a Third Offense.
6. The Notice of Violation and Fine issued under Case Number
CE09009754 was proven through clear and convincing evidence t
09/13/2009 JC09001169 CE09009754 be valid. Petitioner is adjudicated guilty of a Fourth Offense.
7. The fines which total $6,250 shall be paid to the City of Miami
Beach by February 15, 2010.