LTC 156-2013 Noise Report: Q4-2012 (October-December 2012) ® MIAMI BEACH
I i � t., '
R �y
LTC # 156®2013 201�F� E� T ?MISSION
CITY CLEi,fWS OFFICE
TO: Mayor Matti Herrera Bower and M bers of th City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 29, 2013
SUBJECT: Noise Report: Q4-2012 (October- ecember 2012)
This Letter to Commission (LTC) provides the October through December 2012 (Q4-2012)
quarterly report on the Noise enforcement efforts by the Building Department's Code Compliance
Division (Code). The report is compiled in accordance with the City's 2008 Administrative
Guidelines. As in previous reports, the collected data is presented in a table format (Attachment A),
and commercial noise data is further detailed in a similar layout (Attachment B).
I. Summary
During Q4-2012 (October through December 2012) there were a total of 1,096 cases opened and
entered into Permits Plus, the database utilized by Code Compliance to track' its cases. Of the
1,096 cases:
• Thirty-five (35) cases were canceled by the complainant,
• Thirteen (13) cases were voided due to error,
• Four(4) cases were deemed to be duplicate complaints
• Four(4) cases were referred to the Miami Beach Police Department, and
• Four(4) cases were not applicable to Code.
As a result, the total number of cases with a valid or non-valid disposition was 1,036. Of these, 732
cases (70.7%) took place at a residential location; 207 (20.0%) were identified to have taken place
at a commercial property; and 97 (9.4%) took place in public property ("Other").
Consistent with previous years, the majority of complaints received are from noise violations that
take place in residential properties. Further, a historical analysis reflects an increase of noise-
related cases from Quarter 3 to Quarter 4. This increase in noise-related cases is in direct
correlation to an increase of events and festivities that take place on the City as a result of the
holiday season.
Certainly one of the key parameters in the analysis is the validity rate. Of the 1,036 cases with a
disposition, a total of 279 were deemed valid, for an overall 26.9% validity rate for the rating
period. A determination that a noise case is not valid is by no means declaring that the noise did
not occur. In order for a noise violation to be "valid" it must be witnessed by the Code Compliance
Officer (CCO). There are many factors that may impact the validity of a noise complaint which
include but are not limited to time of day the noise occurred, the ability of the officer to either
identify or gain access to the location from where the complainant is experiencing the noise, noise
level of the surrounding environment, direction of the wind, air density due to weather conditions,
frivolous calls, and response time.
LTC—Q4-2012 Noise Report Page 2 of 4
The table provides the breakdown by noise type for Q4-2012.
BREAKDOWN,OF CASES BY TYPE
COMMERCIAL 207 19.98%
RESIDENTIAL 732 70.66%
FOTHER . 97 9.36%
Consistent with previous reports, more than one third of the residential cases take place in
"Apartments" (39.1%); while cases opened for noise in Condominiums and Single-Family homes
respectively accounted for 16.8% and 14.8% of all received complaints.
II. Commercial Noise Cases
Analysis of the 207 cases identified to have taken place on commercially zoned areas reflects that
the highest number of commercial cases opened were for hotels (74 cases — 35.7%), followed by
61 cases (29.5%) opened for noise occurring in a restaurant, and 43 cases taking place in Clubs
(20.8%). The remaining breakdown is reflected below.
Commercial Cases (Q4-2012)
By Establishment Type
® RESTAURANT ❑ RETAIL
29.5% 4.80/( ❑ BARS
5.8%
❑ CLUBS
20.8%
❑ HOTEL CONDO-HOTEL
35.7% 3.4%
The valid closure rates for Q4 reflect the following:
• During the reporting period, of the 207 commercial cases, 62 cases (30%) were closed as
valid.
• Within commercial establishments, the percentage of cases closed as valid varied as follows:
0 22 cases (35.5% of the valids, and 10.6% overall), took place at restaurants,
0 20 cases (32.3% of the valids, and 9.7% overall) took place.at hotels,
0 11 cases (17.7% of the valids, and 5.3% overall) took place at clubs,
0 5 cases (8.1% of the valids, and 2.4% overall) took place at bars,
0 3 cases (4.8% of the valids, and 1.4% overall) took place at retail stores, and
0 1 case (1.6% of the valids, and .5% overall), took place at condo-hotels.
A. Validity Rates
A trend analysis of the noise validity rates for commercial cases reveals a pattern of increase,
particularly in the past three (3) quarters. The analysis, going back to Q1-2009, reflects that in the
last three (3) quarters the noise validity rate was above 27% for commercial cases.
LTC—Q4-2012 Noise Report Page 3 of 4
It is also important to note that the validity rates include data from the Miami Beach Police
Department (PD), who also respond to noise complaints. The validity rate for noise cases
answered by PD is less than 1% (1 valid complaint out of 114 cases). If the data from PD is
backed out of the equation, the validity rate for noise cases responded to by Code increases to
higher than 30%.
Commercial Cases - Noise Validity Rate
35.0% By Quarter-Q12009 to Q4 2012
30.0%
30.0% —
28.4
27.0% 27.6%
25.0%
9% 20.70 2.3%
20.0%
1.3% 18.2%
19.5 .1%NS/15.0% 15.2% 0 0
15. /0 1
10.0%
Oyr 6 r O3 , C : o-y.. C; :. 6 :. C . ate,. 6 , C�,. Oa , Oti. a9; O;', CA..
B. Type of Noise - Commercial Cases
Consistent with previous reports, Attachment B reflects that, of the 207 commercial noise-related
cases, loud music is again the most common type of noise reported with 171 cases (82.6%).
Further analysis reflects that, the type of noise reported for the remaining commercial cases
include 30 (14.5%) for "construction noise", followed by "honking cars / alarms" (3 cases, 1.4%),
"live entertainment" (1 case, .5%), "barking dog" (1 case, .5%), and "crowd noise" (1 case, .5%).
C. Time/Day of Week of Commercial Noise Occurring
An analysis of the time the violation occurred reflects a change in previous trend. Whereas in the
past the time of complaint (11 PM through 7 AM versus 7 AM through 11 PM) was relatively evenly
distributed with a nearly 50-50 distribution between the Evening Shift and the Day Shift, the current
rating period reflects a shift of commercial noise complaints, with a significant increase of the
number of commercial noise cases during the evening (11 PM through 7 AM - 134 cases 64.7%)
when compared to the number of commercial cases during the Morning /Afternoon Shift (73 cases
— 35.3% - 7AM to 11 PM). It is difficult to gauge whether this shift is an anomaly or a permanent
shift in the time commercial noise complaints are addressed.
As it relates to the day of the week the noise case was opened, this pattern remains unchanged.
Without a doubt, the highest number of cases were opened for noise taking place on the weekends
(Fridays and Saturdays), with 43% of all the cases addressed during this two day period; and
54.6% if Sundays are included. As in previous reports, the busiest day of the week (in regard to
noise-related cases) is Saturday, accounting for 23.7% of all the cases, followed by Friday
(19.3%).
D. Arrival Time
For nearly a year now, response time for noise violations has been one of the key indicators used
to gauge the performance of Code. Data analysis on "arrival time" reflects the time from when a
call was received by Dispatch to the time the assigned CCO arrives to the location of the
complaint. For commercial cases, the "time to arrive" (hh:ss) averaged 20:08 minutes for all cases;
with an aggregate average of 21:01 minutes for valid cases and 19:46 for non-valid noise
LTC—Q4-2012 Noise Report Page 4 of 4
complaints. With these cases, there appears to be little correlation in the response time with
respect to validity of the complaint. The average time for CCO arrival is provided below, including
residential and "other' cases (identified to have taken place within the public right of way) as a
basis for comparison.
Average Time for Code Officer to Arrive (Q4-2012
Average Average Time from
Time to Number Call Received by
Number Establishment Officer's of Dispatch to Code
of Cases* Type Arrival Status Cases* Officer's Arrival*
Residential 0:24:48 VALID 182 0:25:43
NON-VALID 464 0:24:26
892 Commercial 0:20:08 VALID 50 0:21:01
NON-VALID 117 0:19:46
VALID 16 0:19:11
Other 0:22:36
NON-VALID 63 0:23:28
All Cases 0:23:44 VALID 248 0:24:21
NON-VALID 644 0:23:30
'Average Time Calculated using only those cases with valid time data for both'Time Call Received by Dispatch"and'Time of
Arrival by Code Compliance Officer'
III. Major Events / Special Events
During the reporting period, there were several special events, including Art Basel — Miami Beach,
and New Year's Eve. However, there were no significant noise violations outside the expected
scope of complaints.
IV. Noise Ordinance Exemptions
During the rating period, there were no Noise Ordinance Exemptions.
V. Coverage for Noise Violations
When Code is not operating and unavailable to respond to noise complaints, the Miami Beach
Police Department (PD) responds. On Mondays through Wednesdays, Code Compliance operates
from 6:00 AM through 1:00 AM; and on Thursdays and Sundays, Code operates from 6:00 AM
through 3:00 AM. (Code provides 24 hour coverage on Fridays and Saturdays, the two busiest
days of the week.
According to the data collected, during those times that Code did not operate, during this rating
period, the Miami Beach Police Department responded to 114 noise complaints, of which one (1)
was deemed valid. Thus, during the rating period, the validity rate for PD was .88%.
If the PD calls are backed out of the total number of noise complaints, the overall validity rate for
Code would increase to 30.2%.
JLM/ /SS/HC/RSA
Attachments
Attachment A-Noise Data/Q4-2012
Attachment B—Commercial Noise Cases/Q4-2012
F:\CODE\$ADM\Robert\NOISE REPORTS\Q4-2012\Q4 2012 LTC-3-01-13(3) April 29 2013.docx
ATTACHMENT A
ALL CASES
Noise Data 10/01/2012 - 12/31/2012 (Q4 -2012)
Opened/Calls Total Number of Noise Complaint Cases
Less Voided, Canceled,
Ouplicate Complaints, Code or PD Complaint Calls
Total Cases Opened Complaints not Total with Dispositions Initiated Received Type #
Applicable to Code (Proactive(
Compliance
1,096 60 1,036 14 1,022 Tom/ Cases 1
Canceled" 35
Voided* 13
*Voided cases are cases that were entered in enor, etc. Duplicate Complai nt 4
"Canceled calls are cases canceled by the car prior to a Code Off- s ariva/ Not Applimble to Code 4
Referred to PD 4
Valid Violation Breakdown Tofal Valitl and No -Valid Cases 1,036
Verbal 19 6.8% Valid Case 279
Written Warren 207 1 74.2°h Non-valid Cases 757
Violation 53 1 19.0%
Total Vd/d Cesea 279 100
Noise Cases by Type of Establishment
Total Cases Valid Non -Valitl
Percenmge of All Percenmge of Number of Percenmge of
Number of Cases Cases Number of Cases Cases Cases Cases
Residential 732 7066% 197 1 26.9% 535 73.1%
Commercal 207 19.98% 62 30.0% 145 70.0%
OMer 97 9.36% 20 77 794%
Totals 1036 100% 279 757 73.1%
Residential = Apt, Condo, Single Family
Commercial = Bar, Club, Homi, H.W- Condo, Resmurantr Retell, CarV,-Com
Other = Bands"" Beach, Public Property. etc.
Total Cases Valid Cases Non -Valid Cases
Percentage
of All Percentage of Number of Percenmge of
Number of Cases Cases Number of Cases Cases Cases Cases
APT 405 3901% 93 9.0% 312 30.1%
BAR 12 102% 5 0.5% 7 0.7%
CLUBS 43 42% 11 1.1% 32 3.1%
CONDO 174 16.8% 42 4.1% 132 12.7%
CONDO -HOTEL 7 07% 1 0.1% 6 0,6%
HOME 153 14.8% 62 6.0% 91 8.8%
OTHER 97 9.4% 20 1.9% 77 7.4%
RESTAURANT 61 5.9% 22 2.1% 39 3.8%
RETAIL 10 1.0% 3 0.3% 7 0.7%
HOTEL 74 7.1% 20 1.9-A 1 54 1 52%
Totals 1 1 1 100% 1 279 26.9% 1 757 1 73.1%
.Noise Cases by Noise Type
No T TOTALS Valid Gases NorFValid Cases
LOUD MUSIC 748 72.2% 198 19.1% 550 53.1%
LIVE ENTERTAINMENT 1 0.1% 0 0.0% 1 0.1%
BARKING DOG 135 13.0•h 37 3.6% 98 9.5%
CROWD NOISE 2 0.2% 1 0.1 % 1 0.1%
CONSTRUCTION 130 12.5% 41 4.0% 89 8.6%
OTHER 0 0.0% 0 0.0% 0 0.0%
HONKING CARS/.N S 20 1.9% 2 0.2% 18 1.7%
Tomb 1036 100% 279 26.9% 757 73.1%
Page 1 of 2
i Call Time of Day Day of Week
ALL CASES VALID AND NON -VALID
Total 7a - 11p 11p -7a
d the folill ing morn
Monday 155 15.0% 77 1 7.4% 78 705%
T-d.y 117 11.3% 54 5.2°A 63 601%
W ednesday 115 11.1% 56 5.4% 59 5.7%
Thursday 134 1209% 74 761% 60 5.8%
Friday 156 1501% 66 6.4% 90 8.7%
Saturday 219 21.1% 124 110% 95 902-A
Sunday 140 1305% 98 9.5% 42 4.1%
Totals 1036 100% 549 53.0% 487 47.0%
VALID
Total 7a -11p 11p - 7a
d the follow Ing morning)
Monday 47 1608% 22 7.9% 25 1 9.0%
Tuesday 20 72 11 3.9 9 3.2%
Wednesday 16 567 8 209% 8 2.9%
Thursday 31 1161% 15 5.4% 16 5.7%
Fnday 50 1709% 23 862% 27 97%
Saturday 76 272% 51 18.3% 25 900%
Sunday 39 1460 26 9.3% 13 4.7%
Totals 279 100% 156 55.9% 123 44.1%
NON -VALID
Total 7a -11p 11p - 7a
d the follow ing morning)
Monday 108 14.3% 55 7.3% 53 7.0°16
Tuesday 97 1248% 43 5.7% 54 7.1%
W ednesday 99 13.1% 48 6.3% 51 6.7%
Thursday 103 13.6% 59 7.8% 44 5.8%
Fnday 106 14.0% 43 5.7% 63 83%
Saturday 143 18.9% 73 9.6% 70 9.2°%
Sunday 101 1303% 72 9.5% 29 3.8%
Totals 757 100%. 393 51.9% 364 48.1%
,Call Time of Da - Residential vs Commercial
11p-7a
Total 7. - 11 p
(of the following morning)
RESIDENTIAL 732 70.7% 405 39.1% 327 31.6%
COMMERCIAL 207 20.0% 73 7 13
.0% 4 12.9%
OTHER 97 9.4% 71 1 6.9% 26 2.5%
Totals 1 100% 549 1 53.0% 487 47.0%
�Breakclown of Calls with Identified Complainants and with Anonymous Complainants
Total Cases Valid Cases Non -valid Cases
Totals 1,036 100%. 279 26.9% 757 73.1%
An onymous Complainant 771 74.4% 190 18.3% 581 56.1%
Anonymous with Contact
made 29 2.8% 7 0.7% 22 201%
Contact Information
Provided 222 21.4% 70 6.8% 152 14.7%
Internal 14 1.4% 12 162% 2 02%
Page 2 of 2
ATTACHMENT E!
COMMERCIAL NOISE CASES
Noise Data 10/01/2012 - 12/31/2012 (Q4 -2012)
Total Number of Noise Complaint Calls Received Disposition of All Noise
Cases
Total Cases Less Code or Type # %
PD Initiated Complaint Calls Received
(Valid and Non -valid only) (Proactive) Valid Cases 62 30.0%
207 7 200 Non -valid Cases 146 70.0%
Total Valid and Non -Valid Cases = 207 100%
Violation Breakdown
Verbal 8 12.9%
Written Warning 32 51.6%
Violation 22 35.5%
Total Valid Cases 62 100%
,Noise Cases by Type of Establishment
Location Type Totals % of Commercial Cases Valid Non -Valid
B Establishment Type
BAR 12 5.8% 5 1 2.4% 7 3.4%
CLUBS 43 20.8% 11 5.3% 32 15.5%
CONDO -HOTEL 7 3.4% 1 0.5% 6 2.9%
RESTAURANT 61 29.5% 22 10.6% 39 18.8%
RETAIL 10 4.8% 3 1.4% 7 3.4%
HOTEL 1 74 35.7% 20 9.7% 54 26.1%
Total 207 100% 62 30.0 % 146 70.0%
�Noise Cases by Noise Type
Noise Type Totals % of Commercial Cases Valid Non -valid
( By Type of Noise
LOUD MUSIC 171 82.6% 53 25.6% 118 57.0%
LIVE ENTERTAINMENT 1 0.5% 0 0.0% 1 1.6%
BARKING DOG 1 0.5% 0 0.0% 1 0.5%
CROWD NOISE 1 0.5% 1 0.5% 0 0.0%
CONSTRUCTION 30 14.5% 8 3.9% 22 10.6%
OTHER 0 0.0% 0 0.0% 0 0.0%
HONKING CARS /ALARMS 3 1.4% 0 0.0% 3 1.4%
Totals 207 100% 1 62 1 30.0% 146 T 70.0%
Time of Day I Da of Week of Call
ALL CASES VALID AND NON -VALID
11p -7a
Total 7a - 11p
(of the following morning)
Monday 23 11.1% 5 14% 18 8.7%
Tuesday 21 10.1% 5 2.4% 16 7.7%
Wednesday 24 11.6% 5 2.4% 19 9.2%
Thursday 26 12.6% 10 4.8% 16 7.7%
Friday 40 19.3% 9 4.3% 31 15.0%
Saturday 49 23.7% 24 11.6% 25 12.1%
Sunday 24 11.6% 15 7.2% 9 4.3%
Totals 207 100.0% 1 73 1 36.3% 134 64.7%
VALID
11p 7a
Total 7a -11p
(of the following morning)
Monday 8 12.9% 1 1.6 % 7 11.3%
Tuesday 6 9.7% 2 3.2 4 6.5%
Wednesday 3 4.8% 0 0.0% 3 4.8%
Thursday 9 14.5% 3 4.8% 6 9.7%
Friday 13 21.0% 4 6.5% 9 14.5%
Saturday 16 25.8% 7 11.3% 9 14.5 %
Sunday 7 11.3% 4 6.5% 3 4.8%
Totals 62 100.0 % 21 34% 1 41 66%
NON -VALID
Total 7a -11p 11p 7a
(of the followin momin )
Monday 15 10.3% 4 2.8% 11 7.6%
Tuesday 15 10.3% 3 2.1% 12 8.3%
Wednesday 21 14.5% 5 3.4% 16 11.0%
Thursday 17 11.7% 7 4.8% 10 6.9%
Friday 27 18.6% 5 3.4% 22 15.2%
Saturday 33 22.8% 17 11.7% 16 11.0%
Sunday 17 11.7% 11 7.6% 6 4.1
Totals 146 1 100% 62 1 36% 1 93 1 64%
Breakdown of • •
Total Cases Valid Cases Non -valid Cases
Total Complaints 207 100% 62 30.0% 146 70.0%
Anonymous Com lainant 155 74.9% 45 21.7% 110 53.1%
Anonymous with Contact
made 4 1.9% 0 0.0% 4 1.9%
Contact Information Provided 41 19.8% 12 5.8% 29 14.0%
,Internal (Proactive) 7 3,4% 5 2.4% 2 1.0%