2011-3737 Ordinance ORDINANCE NO. 2011 -3737
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH CITY CODE ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE IV ENTITLED "NOISE" BY AMENDING
SECTION 46 -151, ENTITLED "DEFINITIONS," BY AMENDING THE
DEFINITION OF HABITUAL TO CONFORM TO THE HABITUAL
OFFENDER LANGUAGE SET FORTH IN SUBSECTIONS 46- 159(a)(6)
and (h); BY AMENDING SECTION 46 -152, ENTITLED "ADOPTION OF
COUNTY CODE SECTION BY REFERENCE; UNNECESSARY AND
EXCESSIVE NOISES PROHIBITED," TO ADOPT THE COUNTY'S
NOISE STANDARDS IN SECTION 46 -152; BY AMENDING SECTION
46 -158, ENTITLED "ENFORCEMENT BY CODE INSPECTORS;
NOTICE OF VIOLATION; WARNINGS; RESPONSIBILITY TO PROVIDE
CURRENT ADDRESS," TO REMOVE CERTAIN LANGUAGE IN
SUBSECTION (b)(2) THAT IS NO LONGER RELEVANT DUE TO THE
PASSAGE OF TIME; BY AMENDING SECTION 46 -159 ENTITLED
"FINES AND PENALTIES FOR VIOLATION; APPEALS;
ALTERNATIVE MEANS OF ENFORCEMENT" TO CONFORM THE
HABITUAL OFFENDER LANGUAGE IN SUBSECTION (h) TO THE
PROVISIONS IN SECTIONS 46 -151 AND 46- 159(a)(6); AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has adopted Miami -Dade County standards for
noise violations as set forth in §21 -28 of the Miami -Dade County Code; and
WHEREAS, the noise standards set forth in §21 -28 of the Miami -Dade County Code
were held to be facially constitutional in DA Mortgage, Inc. v. City of Miami Beach, et al., 486 F.
3d 1254 (11 Cir. 2007); and
WHEREAS, the City of Miami Beach wishes to state the constitutional noise standards
upheld in DA Mortgage within Section 46 -152 of its City Code; and
WHEREAS, other amendments and minor clarifications to the City's Noise Ordinance
contained in Article IV of Chapter 46 of the City Code should be made with regard to the
definition of habitual offender to conform to existing language in Sections 46- 159(a)(6) and (h),
and to remove certain language in Section 46- 158(b)(2) that is no longer relevant due to the
passage of time.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 46 -151 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE IV. NOISE
Sec. 46 -151. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
* * *
Habitual offender means a person or entity who has more than five offenses within 48 12
months of the first offense.
SECTION 2. That Section 46 -152 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46 -152.- •--- --• - -- -• -_ _ - - - -- • _ - -- - - - . -
Section 21 28 of the Code of Miami Dade County, entitled "Noises; unnecessary and
excessive prohibited," is rccognized as being in force in the city and is hereby adopted by
inspectors, as defined in this article, are authorized and directed to enforce the provisions of
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:
(a) Horns, signaling devices, etc. The sounding of any horn or signaling device on any
automobile, motorcycle, bus or other vehicle on any street or public place of the County
City, except as a danger warning; the creation by means of any such signaling device of
any unreasonably loud or harsh sound; and the sounding of any such device for any
unnecessary and unreasonable period of time.
(b) Radios, televisions, phonographs, etc. The using, operating, or permitting to be played,
used or operated any radio receiving set, television set, musical instrument, phonograph,
or other machine or device for the producing or reproducing of sound in such manner as
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to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with
louder volume than is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device is operated and
who are voluntary listeners thereto. The operation of any such set, instrument,
phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such
manner as to be plainly audible at a distance of one hundred (100) feet from the
building, structure or vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(c) Animals, birds, etc. The owning, harboring, possessing or keeping of any dog, animal or
bird which causes frequent, habitual or long continued noise which is plainly audible at a
distance of one hundred (100) feet from the building, structure or yard in which the dog,
animal or bird is located.
(d) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or as a warning of fire or
danger or upon request of the proper municipal authorit.esy.
(e) Exhausts. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, or motor vehicle except through a muffler or other
device which will effectively prevent unreasonably loud or explosive noises therefrom.
(f) Defect in vehicle or load. The use of any automobile, motorcycle, jet ski, water bike,
recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or in such
manner as to create unreasonably loud or unnecessary grating, grinding, rattling or other
noise within a residential area.
(g) Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise on
any street adjacent to any school, institution of learning, house of worship or court while
the same are in use, or adjacent to any hospital, which unreasonably interferes with the
workings of such institutions, or which disturbs or unduly annoys the patients in the
hospital, provided conspicuous signs are displayed in such streets indicating that it is a
school, hospital or court street.
(h) Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors which
disturbs the peace and quiet of the neighborhood.
(i) Noises to attract attention. The use of any drum, loudspeaker or other instrument or
device for the purpose of attracting attention by creation of any unreasonably loud or
unnecessary noise to any performance, show, sale, display or advertisement of
merchandise.
(j) Loudspeakers, etc. The use or operation on or upon the public streets, alleys and
thoroughfares anywhere in this qty City for any purpose of any device known as a
sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind
or character which emits therefrom loud and raucous noises and is attached to and upon
any vehicle operated or standing upon such streets or public places aforementioned. It is
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provided, however, that this subsection is not intended to be construed in a manner that
would interfere with the legitimate use of the foregoing loudspeaker type devices in
political campaigns.
(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 tools which are used to maintain or at a residence out -of -doors
between 8:00 p.m. and 7:00 a.m.
(I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area.
SECTION 3. That Section 46 -158 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46 -158. — Enforcement by code inspectors; notice of violation; warnings;
responsibility to provide current address.
(b) Warnings.
* * *
(2) Written warnings. A code inspector shall first issue a written warning to
immediately cease the violation prior to issuing a notice of violation unless one
written warning has been issued in the 12 months preceding the date of
violation., exccpt that violators in zoning districts othcr than single family zoning
districts that have received less than three written warnings in the 12 months
e . _ - ..- - -- -- • -e a - -- ee " e- • -- -- e
months after their tact written warning. Violators in zoning districts other than
months prior to July 26, 2008 shall receive a notice of violation for the next
The written warning shall be substantially in the same form as the notice of
violation as stated in subsection 46- 158(a) above. Failure to correct the violation
within 15 minutes following the issuance of a written or oral warning shall result in
the issuance of a notice of violation pursuant to this article.
SECTION 4. That Section 46 -159 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46 -159. - Fines and penalties for violation; appeals; alternate means of enforcement.
(a) The following civil fines and penalties shall be imposed for violations of this article:
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* * *
(6) If the offense is the sixth or greater offense within the preceding 12 months, it
shall be considered an habitual offender offense with penalties and fines
imposed pursuant to subsection 46- 159(h).
* * *
(h) In cases of habitual offender violations or offenses, the city manager may issue an
administrative complaint for suspension or revocation of a business tax receipt and
certificate of use as provided in section 102 -383. Upon a finding of habitual offender
violations or offenses by the city manager, a business tax receipt suspension, revocation
and /or fine shall be imposed. Suspensions shall be imposed with restrictions limiting the
ability to provide any live or amplified sound as either a condition of the business tax
receipt or as an accessory use restriction. In the event the violator is a hotel, motel,
condominium, apartment or other residential property, accessory use restrictions shall
be imposed in lieu of a business tax receipt revocation which results in the eviction of
residents. Additionally, in the event of a revocation, as a condition of being permitted to
resume operation under the business tax receipt, the city manager shall utilize the
criteria set forth in section 142 -1362 of this Code to impose such conditions or
restrictions as deemed appropriate to assure compliance with all city codes.
In determining the length of the suspension or accessory use restriction to be imposed
under this subsection, the city manager shall consider the following factors: the gravity of
the violations or offenses; any actions taken by the violator to correct the violations or
offenses; and, any previous violations or offenses committed by the violator. No
suspension or accessory use restriction imposed under this subsection shall be for a
period of time of less than 30 consecutive days.
In the event an habitual offender violator does not hold a business tax receipt or
certificate of use, the special master shall impose a fine up to $5,000.00 per violation.
* * *
SECTION 5. 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 a 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 6. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 7. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect the 24 day of September , 2011.
PASSED and ADOPTED this 14 day of September , 2011.
ATTEST: / /
(AT I HERRERA BO ER
MAYOR
ROBERT PARCHER, CITY CLERK
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F:\ATTO \TURN \ORDINANC \Noise NACA -Comm 2011 version.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter
46 Of The Miami Beach City Code Entitled "Environment," By Amending Article Iv Entitled "Noise" By
Amending Section 46 -151, Entitled "Definitions," By Amending The Definition Of Habitual To Conform To
The Habitual Offender Language Set Forth In Subsections 46- 159(A)(6) And (H); By Amending Section 46-
152, Entitled "Adoption Of County Code Section By Reference; Unnecessary And Excessive Noises
Prohibited," To Adopt The County's Noise Standards In Section 46 -152; By Amending Section 46 -158,
Entitled "Enforcement By Code Inspectors; Notice Of Violation; Warnings; Responsibility To Provide
Current Address," To Remove Certain Language In Subsection (b)(2) That Is No Longer Relevant Due To
The Passage Of Time; By Amending Section 46 -159 Entitled "Fines And Penalties For Violation; Appeals;
Alternative Means Of Enforcement" To Conform The Habitual Offender Language In Subsection (H) To The
Provisions In Sections 46 -151 And 46- 159(A)(6); And Providing For Repealer, Severability, Codification,
And An Effective Date.
Key Intended Outcome Supported:
Increase resident satisfaction with the level of code enforcement
Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey, 26% of the residents citywide rated
the amount of noise in their neighborhoods as too much or much too much.
Issue: _
Shall the Mayor and City Commission amend Chapter 46, Article IV, Noise? -
Item Summary /Recommendation:
SECOND READING PUBLIC HEARING
At the June 1, 2011 City Commission meeting, a proposed amended Noise Ordinance was referred by the Mayor and City
Commission to the Neighborhoods /Community Affairs Committee (NCAC). The NCAC considered the proposed amendments
to the Noise Ordinance at its meeting on July 7, 2011 and unanimously recommended the regulatory clean -up changes set
forth in the revised draft Ordinance attached hereto. In March, 2006, via Ordinance No. 2006 -3511, the City adopted by
reference the County's definition of Noise, found in County Code Section 21 -28 as the standard for enforcement. This
standard was selected as it had been used by the City in issuing noise violations prior to that amendment date, and had been
upheld through various legal challenges.
The attached amendments adopt the County's noise standards in §21 -28 of the County Code within the text of the Miami
Beach City Code. An additional minor amendment to the City's Noise Ordinance is proposed with regard to the definition of
habitual offender to conform to existing language in § §46- 159(a)(6) and (h). Lastly, it is proposed to remove language in §46-
158(b)(2) that is no longer relevant due to the passage of time. This particular language was included at the time of the 2008
amendment when the number of written warnings for commercial establishments was reduced to one, in order to address any
commercial establishment that already had received a written warning at that time.
The proposed amendments to the Noise Ordinance do not make any substantive changes to the intent or implementation of
the existing Noise Ordinance. The proposed changes will further clarify the current requirements of the City Code as it
pertains to noise enforcement, and eliminates language that is no longer applicable. It is recommended that the amendments
in the attached proposed Ordinance be approved on Second Reading.
Advisory Board Recommendation:
The NCAC considered the proposed amendments to the Noise Ordinance at its meeting on July 7, 2011 and unanimously
recommended the regulatory clean -up changes set forth in the revised draft Ordinance attached hereto.
Financial Information:
Source of Funds: Amount Account
1 N/A
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Hilda Fernandez
Sign -Offs:
Department Director ssistant City Manager City Manager
•
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MI AMI BED AG • •I
MIF aATE 9--/cf l/
IA MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Matti Herrera Bower SECOND READING
Members of the City Commission PUBLIC HEARING
FROM: Jose Smith, City Attorn-
Jorge M. Gonzalez, Cit ll:,i -�
- 41 'n•
DATE: September 14, 2011
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH
CITY CODE ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV
ENTITLED "NOISE" BY AMENDING SECTION 46 -151, ENTITLED
"DEFINITIONS," BY AMENDING THE DEFINITION OF HABITUAL TO
CONFORM TO THE HABITUAL OFFENDER LANGUAGE SET FORTH IN
SUBSECTIONS 46- 159(a)(6) and (h); BY AMENDING SECTION 46 -152,
ENTITLED "ADOPTION OF COUNTY CODE SECTION BY REFERENCE;
UNNECESSARY AND EXCESSIVE NOISES PROHIBITED," TO ADOPT THE
COUNTY'S NOISE STANDARDS IN SECTION 46 -152; BY AMENDING
SECTION 46 -158, ENTITLED "ENFORCEMENT BY CODE INSPECTORS;
NOTICE OF VIOLATION; WARNINGS; RESPONSIBILITY TO PROVIDE
CURRENT ADDRESS," TO REMOVE CERTAIN LANGUAGE IN
SUBSECTION (b)(2) THAT IS NO LONGER RELEVANT DUE TO THE
PASSAGE OF TIME; BY AMENDING SECTION 46 -159 ENTITLED "FINES
AND PENALTIES FOR VIOLATION; APPEALS; ALTERNATIVE MEANS OF
ENFORCEMENT" TO CONFORM THE HABITUAL OFFENDER LANGUAGE
IN SUBSECTION (h) TO THE PROVISIONS IN SECTIONS 46 -151 AND 46-
159(a)(6); AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
At the June 1, 2011 City Commission meeting, a proposed amended Noise Ordinance was referred
by the Mayor and City Commission to the Neighborhoods /Community Affairs Committee (NCAC). The
NCAC considered the proposed amendments to the Noise Ordinance at its meeting on July 7, 2011
and unanimously recommended the regulatory clean -up changes set forth in the revised draft
Ordinance attached hereto.
BACKGROUND:
The City has been proactively addressing the issue of excessive noise since the adoption of revisions
to the City's Noise Ordinance (Chapter 46, Environment. Article IV, Noise) on March 8, 2006. In
March, 2006, via Ordinance No. 2006 -3511, the City adopted by reference the County's definition of
Noise, found in County Code Section 21 -28 as the standard for enforcement. This standard was
selected as it had been used by the City in issuing noise violations prior to that amendment date, and
had been upheld through various legal challenges.
Subsequent amendments in June and July, 2006 and July 2008, sought to further define and address
the process of Noise enforcement. Today, the City's Noise Ordinance is by far the one quality of life
issue most closely monitored and reported on. The City's Noise Ordinance provides for, amon0 other
Page 2 of 2
Noise Ordinance Amendment 9/14/11
things, the County's definition of noise; exceptions to the Noise Ordinance; a fine and penalty
schedule that includes warnings and violations; and an appeal process for violations.
On July, 2008, via Ordinance No. 2008 -3610, the Noise Ordinance was amended to, among other
things, reduce the number of written warnings available for commercial establishments, making the
number consistent with those provided to residential violators (one in a 12 -month period).
ANALYSIS:
The attached amendments adopt the County's noise standards in §21 -28 of the County Code within
the text of the Miami Beach City Code. As previously noted, currently, the County's standards, which
were upheld in DA Mortgage, Inc. v. City Miami Beach, et al., 486 F. 3d 1254 (11 Cir. 2007), are
adopted in the City Code by reference to the County Code.
An additional minor amendment to the City's Noise Ordinance is proposed with regard to the definition
of habitual offender to conform to existing language in § §46- 159(a)(6) and (h). Lastly, it is proposed to
remove language in §46- 158(b)(2) that is no longer relevant due to the passage of time. This
particular language was included at the time of the 2008 amendment when the number of written
warnings for commercial establishments was reduced to one, in order to address any commercial
establishment that already had received a written warning at that time.
While some other amendments had been included in the draft Ordinance presented to the NCAC, the
Administration requested that the NCAC defer consideration of the listed policy amendments to the
Noise Ordinance (e.g. to confirm that violations are issued after a written warning or when a violation
was already issued within the preceding 12 months; whether to reduce the time after which a second
violation due to non - compliance may be issued; to consider the application of criminal penalties for
certain repeat offenses; to consider establishing additional fines and penalties for sixth and greater
offenses in a manner more consistent with the increasing schedule of fines and penalties for other
offenses; to clarify the penalties for noise violators also engaged in an illegal commercial or non -
permitted nonresidential use; and to amend the period of time within which a separate notice of
violation may be issued). These potential amendments will be brought back to the NCAC in the future.
The Commission considered and approved the proposed amendments on First Reading at the July
13, 2011 meeting.
CHANGES FROM FIRST READING:
The attached, proposed ordinance reflects some minor changes since the First Reading on July 13,
2011. These include correcting a scrivener's error on Section 46- 158(b)(2) to conform the text to the
title language to show the deleted, obsolete language. In addition, the word "City" has been
substituted for the word "County" in Sections 46 -152 (a), (d) and (j).
CONCLUSION:
The proposed amendments to the Noise Ordinance do not make any substantive changes to the
intent or implementation of the existing Noise Ordinance. The proposed changes will further clarify the
current requirements of the City Code as it pertains to noise enforcement, and eliminates language
that is no longer applicable. It is recommended that the amendments in the attached proposed
Ordinance be approved on Second Reading.
Attachment
T:WGENDA\2011 \9 -14 -11 \Noise Ord Amend 2ND READING 9 14 11 Memo.doc
16NE I THURSDAY, AUGUST 25, 2011 NE
MIAMI BEACH
•
- CITY OF MIAMI BEACH •
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City of
the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami
Beach, Florida, on Wednesday, September 14, 2011, to consider the following:
10:15 a.m.
- ~''Ordinances Modifying To The Building, Fire, Planning And Public Works Department Fees Related To The Building
Development Process Implemented On, February 1, 2010:
1. Ordinance Amending Chapter 14 Of The City Of Miami Beach Code, Renaming Articles And Divisions; Amending
Fees, Clarifying Administrative Processes And Their Respective Fees; Creating A Process For Reevaluating Permit
Fees; Deleting Sections 14 -421 Through 14 -431, And 14 -466 Through 14 -698 In Their Entirety; And Amending -
Appendix A By Modifying Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other
Building Department Activities
2. Ordinance Amending Chapter 50 Of The City Of Miami Beach Code, By Amending Section 50 -3 Thereof, Entitled
"Plans Examination, Inspection, Permits "; And Amending Appendix A, By Adding New Fees And Modifying The Fee
Schedule For The Fire Department Review Process.
3. Ordinance Amending Chapter 15 Of The City Of Miami Beach Code, Article II, Entitled "Zoning Review Fee Associated
With The Building Process ", By Amending 15 -31 And Adding New Sections 15 -38 Through_15 -43, Thereof; And
, Amending Appendix A, Adding New Fees And Modifying The Fee Schedule For Zoning Review Associated With The
Building Process
4. Ordinance Amending Chapter 98 Of The City Of Miami Beach Code, Article III, Division 2, Section 98 -92, Entitled
"Application; Amount Of Deposit; Use Of Deposit To Replace Surface; Permit Fees," By Amending Subsection (E),
Adding Subsections (F) Through (I); Amending Section 98 -94, Entitled "Refunds "; And Amending Appendix A By
Adding New Fees And Modifying The Fee Schedule For Public Works Review Associated With The Building Process.
Inquiries may be directed to the City Manager's Office (305) 673 -7010 .
10:20 a.m. J
Ordinance Amending Chapter 110 Of The City Code, Entitled "Utilities, By Amending Article IV, Entitled "Fees, Charges,
Rates And Billing Procedure," By Amending Division 3, Entitled "Billing Procedure," By Amending Section 110 -191,
Entitled "Payment Of Bills, By Amending 110- 191(B)`By Changing The Due Date For Utii tn, Bills To 21 Days From 15 Days
From The Date Of The Bill. '
Inquiries may be directed to the Finance Department (305) 673 -7466
�( 10:30 a.m.
Ordinance Of The Mayor And City Commission OfThe City of Miami Beach, Florida, Amending Chapter 46 Of The Miami City
Code Entitled Environment By Amending Article IV Entitled "Noise" By Amending Section 46 -151, Entitled "Definitions,°
By Amending The Definition of Habitual To Conform To the Habitual Qffender-Language Set Forth In Subsections 46- 159(a)
(6) and (h), By Amending Section 46 -152; Entitled , "Adoption Of County Code Section by Reference; Unnecessary And
Excessivk Noises Prohibited," To Adopt The County's Noise. Standards In Section 46 -152; By Amending Section 46 -158,
- Entitled "Enforcement Code Inspectors; Notice of Violation, Warnings; Responsibility To Provide' Current Address," To
Remove: Certain Language In Subsection (b)(2)That Is No Longer Relevant Due To The .Passage Of Time; By Amending
Section 46 -159 Entitled "Fines and Penalties For Violation; Appeals; Alternative Means Of Enforcement" To Conform The
._'klabitual Offender Language In Subsection (h) To The In Sections 46 -151 And 46- 158(a)(6).
Inquiries may directed to the City Manager's Office (305) 673 -7010
10:40 a.m.
Ordinance Amending The Land Development Regulations Of The - Code Of The City Of Miami Beach, By Amending
- Chapter 130, "Off Street Parking ", Article tl, "District Requirements " By Amending S 130 -31, "Parking Districts
Established;', To Expand The Boundaries Of :The Existing Parking • Districts; By Amending Section 130 -33, "Off- Street
Parking Requirements For Parking Districts Nos. 2, 3 And 4,":1"o Amend Regulations Pertaining To Parking Districts 2, 3, -
And 4; And By_Amending Article V, "Fee In Lieu Of Parking Program," Section 130 -132, "Fee'Calculation ", Reducing The -
- Yearly Fee In Lieu Of Parking From The Current Three-Percent Of The One -Time Payment A Lesser Percentage.
. _ Inquiries may bedirected to thaParking Department (305) 673 -7275
- INTERESTED PARTIES are invited to appear at this meeting or be represented by an agent or to express their views in
writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drift, 1St Floor, City Hall, Miami
Beach, Florida 33139. Any of these items may be opened and continued and.under;such circumstances additional legal
_ notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach ..
- Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public that: if a person decides to appeal any -
- decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person -
must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
- which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of -
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate
in this proceeding, or to request information on access for persons with disabilities, or to request this publication in
accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673 -7411, no
later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service
numbers, (800) 955 -8771 (TTY) or (800) 955 -8770 (VOICE). AD # 662