LTC 311-2010 Noise Report: July - September 2010 •
it M IAMIBEACH
OFFICE OF THE CITY MANAGER
•
NO. LTC #;311 -2010 ' LETTER TO COMIISN
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TO: Mayor Matti Herrera Bower and Members of the City Commission Y �
FROM: Jorge M. Gonzalez, City Manager cra -,) -A
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DATE: November 22, 2010
Z-3 NI
SUBJECT: Noise Report: July - September 20 (Q - 3 -10)
This Letter to Commission provides the July through September 2010 (Q3 -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 Summary
For the reporting period of July 1, 2010 to September 30, 2010, the Division opened a total of 802 noise
cases. Nine (9yof the cases were voided. Of the 793 cases with dispositions, 35 of those calls were
canceled by the complainant; as such, their disposition is "canceled." Since those 35 cases had a
disposition of "canceled," that leaves 758 cases where the disposition was either 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 nine (9) cases subsequently
voided). As you will note, Q3 -10 had more cases opened (802) than in the same quarter in 2009 (599),
and has the highest number of cases opened for a third quarter since 2006 when noise reporting began.
Total Cases Opened
(by Quarter)
1500 -
1404
1300
1089
1100 -
1∎ 1000
895 –0- 2006
900 38 — –0– 2007
•
784 –a– 2008
87 802 –0– 2009
6 ' • 739 –0– 2010
700 632
726
637 485 199
500 •
434
300
Q1 Q2 Q3 Q4
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.
Noise report— Quarter 3, 2010
Page 2 of 5
11. Commercial vs. Residential and Other Cases
For purposes of this report, residential cases are those cases of noise occurring in a single - 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 547, or 72.2 %, of
the 758 valid /non -valid noise cases opened.
BREAKDOWN OF TOTAL (VALID and NON - VALID) CASES
% OF TOTAL CASES
RESIDENTIAL 547 72.2%
COMMERCIAL 139 18.3%
OTHER 72 9.5%
TOTAL 758
Though the majority 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.
111. 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 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. 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 Q3 -10, commercial cases accounted for 139 of the 758 cases opened (18.3% of all noise cases
opened). Complaints were received for 135 of those commercial noise cases and four (4) 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 (Q3 -09), there were 118 commercial noise
cases, while for the last quarter (Q2 -10) there were 170 commercial noise cases.
Commercial Cases Opened by Quarter
(Since 04/07)
400 344
350 292
323
300
252
250
200
172 189 197 170
150 133 139
100
118
50
m w CO m 0) 0) 0) 0) o 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N C N N
C2 0 c a 0 o a v ci o o a
Noise report — Quarter 3, 2010
Page3of5
Cases by Establishment Type:
Of commercial establishments, hotels had the most noise cases opened, with 25.9% of all commercial
cases opened (36 of 139); four (4) of those 36 hotel cases were deemed valid (11.1%). The second
highest number of commercial cases opened was for restaurants, with 23.7 % of all commercial cases
opened (33 of 139); nine (9) of those restaurant cases were deemed valid (27.3 %). The following chart
demonstrates the breakdown between establishment types.
Commercial Cases (Q3 -2010) By Establishment Type
RETAIL
RESTAURANT 5% BARS
24% 19%
. *, CLUBS
r
HOTEL
26% CONDO/HOTEL
7%
The chart below reflects the validity rate per commercial establishment type.
— _ — — —_
Validity Rate per Type of Commercial
Establishment
_1 o
100 %' ' ' t . '4
, ,,20`�w t2r7°
80 %' ,
j E
1 AR
60 %'
88 % — 93% 80% h 89% ° 86%
40 %' 73/°
1 1 h!
20% e�
0 %'
Pe- Ja «) , ��� P A C
c.,••
O �O �, - ��
0� e- 1
L
El Non-Valid 0 Valid
Noise report - Quarter 3, 2010
Page 4 of 5
Cases by Noise Tvpe:
Loud Music remains the primary reason for noise calls; with 82.2% of ALL noise cases opened as a
result of loud music complaints; that number is higher, 92.8 %, for commercial only noise cases.
Case Validity Rates:
Of the 139 commercial cases, 21 (15.1%) of those were deemed valid and 118 (84.9 %) were closed as
non - valid, as compared to 11.5% valid for residential cases and 12.5% for noise cases overall. A non -
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.
Of the 21 valid cases, four (4) resulted in verbal warnings, 12 of the cases resulted in a written warning
and five (5) were violations that carry fines. The chart below depicts the validity rates for commercial
cases since Q4 -07.
Commercial Cases (Valid / NonValid)
100%
90% o
m J � i
70% 1 t ii II n
k
' o
30% t . ,, Y ti k — .
10% -4 I to-
ry c0 ti ry ., ti c ----7 ti a ti c ry ry o ^o .a � 0'6 ry o ^o
Quarter o 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 Compliance 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.
►V. 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 longer for cases
deemed "valid ". Going back to Q1 -09, when this data was first recorded, this occurred in only one (1)
other quarter (Q3 -09). During Q3 -10, the time from when a call was received by dispatch to the time
the Code Compliance Officer arrived at the location of the complaint for a commercial case averaged
0:23:07 for valid cases, 0:19:47 for cases deemed non - valid.
Noise report- Quarter 3, 2010
Page 5 of 5
Time Elapsed from Call Received by
Dispatch until Code Compliance
Officer's Arrival
(h: mm: ss)
Valid Non -Valid
0:23:07 0:19:47
V. Major Event Periods / Special Events /Special Circumstances
There were no major events during this reporting period to make any impact on noise complaints.
VI. 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 139
commercial cases opened, there were 89 anonymous complaints, one (1) anonymous complaint with
contact made on site, 44 cases with contact information provided and four (4) cases initiated by the
officer while on patrol. The anonymous complaints represent 64% of total commercial complaints and
represent 65.3% of all commercial non -valid complaints.
VII. Time /date of violation
As noted in the attachment, more commercial cases were opened for noise occurring from 11p to 7a
(51.8% of all commercial valid /non -valid cases), than from 7a to 11p (48.2 %). The highest percentages
of commercial cases were opened on Saturdays (23.7 %) and on both Wednesdays and Sundays
(19.4% each) in the quarter.
Totals 7a - 11p 11p - 7a
Valid 21 11 10
Commercial
Non -Valid 118 56 62
•
VIII. Appeals
One (1) appeal was filed for violations issued during this reporting period. This one case was
commercial. The current status 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 for a third quarter since the adoption of
the new noise ordinance. As in previous quarters, residential noise cases continue to represent the
largest percentage of cases opened.
The percentage of valid /non -valid varies between residential and commercial cases, with a higher
percentage of valid case dispositions for commercial cases.
ATTACHMENTS
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JMG /HMF /C r r KT/gt
F: \BUIL \$ALL \Kristin \Noise Reports \Noise Report Q3 -10 draft -c.doc
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ATTACHMENT D
Information on Disposition of Cases by Special Master and by Judicial (Q3 -2010)
Date of Violation Special Master Code Case Address Name Status
Case 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 as of 10/6/10).
SM scheduled for 5/14/09, (continued to 6/25/09).
6/25/09 vio proven, adjudicated guilty of 2nd offense.
03/14/2009 JC09000495 CE09003925 323 23rd St Acqua LLC 7/6/09 Motion for reconsideration and rehearing filed.
Motion denied on 7/10/09. (Fine of $2,000 not paid as
of 10/6/10).
SM scheduled for 5/14/09, (continued to 6/25/09).
Acqua LLC dba 6/25/09 vio proven, adjudicated guilty of 3rd offense.
03/21/2009 JC09000554 CE09004144 323 23rd St Rain 7/6/09 Motion for reconsideration and rehearing filed.
Motion denied on 7/10/09. (Fine of $2,000 not paid as
of 10/6/10).
SM scheduled 5/14/09, continued to 6/11/09. Petitioner
03/25/2009 JC09000590 CE09004241 1235 Washington Star Island and respondent shall submit a memo outlining their
Ave Entertainment respective position by 6/22/09. No update as of
10/6/10.
9/24/09 Special Master Hearing - City will submit Order
08/01/2009 JC09000971 CE09008701 323 23rd Street Aqua LLC dba for Special Master signature. SM sent inquiry to Legal
Rain regarding status of the agreed order that was to be
submitted. No order submitted as 7/16/10
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 10/6/10 no payment.
Jonathan Agne / 3/11/10 Request to appeal violation is denied, because
11/20/2009 JC10000197 CE10001188 928 Penn Av Charles Kline not timely, City Bill 00017543 issued. Unpaid as of
10/6/10.
2201 Collins Fee 4/22/10 Settlement agreement approved on 4/29/10.
11/20/2009 JC10000196 CE10001161 2201 Collins Ave LLC T/A W Hotel Adjudicated guilty of 1st offense, Fine $250 not yet paid
as of 10/6/10.
655 Washington Federico Alberto 6/24/10 violation determined to be valid, through clear
11/21/2009 JC10000195 CE10001193 Ave Mendez and convincing evidence, fine $250 not yet paid as of
10/6/10.
Alejandro Scheduled for SM hearing 3/11/10 where it was
12/25/2009 JC10000296 CE10001984 8300 Crespi Blvd Restrepo scheduled for 6:30pm. It is noted that no one was
Villamizar present by 7:58pm. Petitioner is adjudicated guilty of a
1st offense. Fine $250 not paid as of 10/6/10.
Star Island Ent SM Hearing 4/8/10 - Agreement - Previous case
1235 Washington CE10002310 nolle pros resulted in this case being
01/10/2010 JC10000331 CE10002369 Ave LLC dba reduced to written warning, fine of $250 does not apply,
Mansion Appeal withdrawn. Appeal fee returned to petitioner.
2201 Collins Fee 4/22/10 Settlement agreement approved on 4/29/10.
01/22/2010 JC10000332 CE10002680 2201 Collins Ave LLC Adjudicated guilty of 2nd offense, $1000 fine not paid
as of 10/6/10.
•
01/28/2010 JC10000333 CE10002894 2201 Collins Ave 2201 Collins Fee 4/22/10 Settlement agreement approved on 4/29/10.
LLC Appeal granted and not a violation.
2120 Bay Av Gregory Mermelli 7/8/10 Not valid through clear and convincing evidence,
02/05/2010 JC10000345 CE10003144 Sunset 4 / Monika Entin, violation dismissed.
Esquire
02/12/2010 JC10000424 CE10003472 928 Penn Av Charles Klein 7/8/10 Adjudicated guilty of 2nd offense, fine of $1000
Gary Jr not paid as of 10/6/10.
Star Island SM Hearing 4/8/10 - Agreement - Previous case
1235 Washington Entertainment CE10002310 nolle pros resulted in CE10002369 being
02/14/2010 JC10000346 CE10003505 Ave LLC dba reduced to written warning resulting in this case being
Mansion reduced to 1st offense with fine of $250 due within 10
days. Not paid as of 10/6/10.
4/22/10 Settlement agreement approved. Appeal
03/23/2010 JC10000443. CE10004704 2201 Collins Ave W Hotel granted and not a violation. Appeal fee returned to
petitioner.
03/26/2010 JC10000444 CE10004869 136 Collins Ave Kaine Bar Grill, 6/24/10 Petitioner's appeal denied, required to pay fine
LLC dba Klutch $250. Fine $250 paid 7/13/10.
03/26/2010 JC10000454 CE10004859 1801 Collins Ave Shelbourne 6/24/10 Petitioners appeal denied, required to pay fine
Beach Resort $1,000. Fine $1,000 paid 7/8/10.
03/27/2010 JC10000445 CE10004898 136 Collins Ave Kaine Bar Grill, 6/24/10 Petitioner's appeal denied, required to pay fine
LLC dba Klutch _$1,000. Fine $1,000 paid 7/13/10.
Date of Violation Special Master Code Case Addres Name Status
Case Number Number
03/27/2010 JC10000455 CE10004930 1801 Collins Ave Shelbourne Hotel 6/24/10 Petitioner's appeal granted and dismissed with
prejudice.
2120 Bay Ave 7/8/10 adjudicated guilty of 1st offense pursuant to
03/28/2010 JC10000462 CE10004943 Sunset 4 Gregory Mermelli JC10000345. 8/10/10 City Bill Issued CB# 00018570 /
Customer # 016066. City Bill not paid as of 10/6/10.
03/28/2010 JC10000456 CE10004967 1901 Collins Ave The Shore Club 5/13/10- adjudicated guilty of 1st offense, fine of $250
not yet paid as of 10/6/10
03/28/2010 JC10000446 CE10004947 136 Collins Ave Kaine Bar Grill, 6/24/10 Petitioner's appeal granted and dismissed with
LLC dba Klutch prejudice
Jorge Roberto 6/24/10 Appeal withdrawn, 7/6/10 City Bill $250 Issued
03/29/2010 JC10000473 CE10005019 1800 JAMES AV Vidal CB #00017772 / Customer # 016422. City Bill not paid
as of 10/6/10.
6/24/10 matter continued to 8/12/10. 8/12/10
Adjudicated guilty of 2nd offense. 09/01/10 FINE
$1,000 not paid, issued City Bill 00018835. Special
04/05/2010 JC10000474 CE10005333 1800 JAMES AV Jorge Roberto Master granted new hearing date because there was a
Vidal voicemail the date of the hearing advising that they
could not attend and the message was not received
until after the hearing had taken place. New date is
• 10/14/10.
SM scheduled 8/13/10. Pursuant to the rulings made
on Special Master Case numbers JC10000345 and
JC10000462, this case shall be reduced to a Second
04/29/2010 JC10000494 CE10006233 2120 BAY AV Gregory Mirmelli Offense. Petitioner's request for a continuance is
SUNSET 4 GRANTED. This matter is continued to August 13,
2010, at which time the Special Master will take
testimony and rule on the alleged violation. New date
is 11/18/10.
05/05/2010 JC10000491 CE10006487 1 0 ST Marcelino Picuasi SM scheduled 8/13/10. Violation is reduced to a
Written Warning.
05/08/2010 JC10000495 CE10006562 1200 OCEAN DR SOBE Miami LLC SM 7/8/10 - Not proven to be valid through clear and
dba Palace convincing evidence, violation dismissed.
SM scheduled 8/13/10. It is determined, through clear
Dutch Music and convincing evidence, that the Notice of Violation
05/11/2010 JC10000492 CE10006670 113 LINCOLN RD Group, LLC and Fine issued is VALID. Petitioner is adjudicated
guilty of a Second Offense. The fine of $1,000 shall be
paid by February 11, 2011.
Dutch Music SM scheduled 8 /13/10. Special Master Hearing -This
05/13/2010 JC10000493 CE10006699 113 LINCOLN RD Group, LLC case is DISMISSED.
5600 COLLINS SM scheduled 8/12/10. At the City's request, this case
05/23/2010 JC10000608 CE10007005 AV Fabian Pinzon is DISMISSED. The administrative cost of $75 shall be
refunded to the Petitioner.
SM scheduled 8/12/10. DETERMINATION OF
TIMELINESS. APPEAL FILED 1 DAY LATE.
05/28/2010 JC10000607 CE10007166 7337 HARDING Lou's Beer Petitioner is adjudicated guilty of a First Offense. The
AV Garden fine of $250 shall be paid by December 9, 2010. A
• progress report shall be given to the Special Master on
December 9, 2010.
758 'CARTEL GROUP 11/18/10 DETERMINATION OF TIMELINESS.
08/16/10 JC10000754 CE10009434 WASHINGTON LLC d /b /a STEEL APPEAL FILED 4 DAYS LATE
AV TOAST
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