LTC 264-2013 Combined Noise Report m MIAMI BEACH `3
OFFICE OF THE CITY MANAGER 2013 jUL 32 IM 9: 24
NO. LTC # 264 -2013 LETE i (C OMMSSIION
TO: Mayor Matti Herrera Bower and Members of t e City Commission
FROM: Jimmy L. Morales, City Manager IC1
DATE: July 31, 2013
SUBJECT: Combined Noise Report:
1. Annual Noise Report 2012 - 2013 (July 2012 through June 2013)
2. Quarterly Report Q2 -2013 (April 2013 through June 2013)
This Letter to Commission (LTC) provides information and analysis on the enforcement efforts of the
Building Department's Code Compliance Division (Code) regarding the City's Noise Ordinance. This
report examines two specific time periods: (1) the 2012 -2013 Annual Noise Report (which runs from
July 1, 2012 through June 30, 2013); and (2) the Second Quarterly Report for 2013 (Q2- 2013),
which reflects data for the period between April 1, 2013 and June 30, 2013.
The metrics and data analysis reflected herein is presented by calendar year quarters, as required
by Article X of the Administrative Guidelines. In addition, this is the fourth (4` ") annual noise report
since the Noise Ordinance was implemented.
The report includes the following support documentation:
• Attachment A — Analysis of noise cases for Quarters 3 and 4 for Calendar
Year 2012, and Quarters 1 and 2 of Calendar Year 2013.
• Attachment B — Analysis for Commercial noise cases, as reflected in the
above referenced reporting period.
• Attachment C — Analysis of noise cases for Quarter 2 -2013 (April 1, 2013
through June 30, 2013).
• Attachment D — Analysis for Commercial noise cases, for the same period
referenced in Attachment C.
• Attachment E — Disposition of noise cases resented at Special Masters
p p p
Appeal Hearings for Q2 -2013.
During he last few ears there has been much debate regarding the invalidity rates of noise
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complaints. One of the challenges is that there is only one category for invalid, without further
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explanation or reason as to why the noise complaint is deemed invalid. Towards that end, the
Administration has recommended that noise complaints that are deemed invalid, be further detailed
with additional outcomes, such as "unfounded complaint ", "unverifiable ", "inaccessible ", "allowable /
within guidelines ", "does not meet criteria ", or complaint is not unusual. In the future, we will provide
this additional information in an effort to make this report more meaningful to the reader.
LTC — 2012 -2013 Annual Noise Report Page 2 of 8
(July 2012 — June 2013) & 2" Quarter 2013
I. SUMMARY OF ANNUAL REPORT DATA
The Noise Administrative Guidelines as well as Article IV, Section 46 -152 of the City of Miami Beach
Code of Ordinances defines valid noise violations as any noise identified to be "excessive, unusual,
unreasonable, and unnecessary' at the time of arrival by a Code Compliance Officer (CCO) or a City
of Miami Beach Police Officer (PD).
During the reporting period of July 1, 2012 through June 30, 2013, there were a total of 3,846 noise
cases opened, of which the overwhelming majority was received through complaints. The 3,846
cases represent a 43% increase over 2006 -07, the inception year for the Noise Report, but a 5.9%
decrease over last year. This information is reflected in Chart #1 below.
A visual analysis of Chart #1 reflects a steady and gradual increase of noise cases beginning in
2006 -07, with a gradual decrease in the total number of cases since 2011 -2012. Through the past
seven years, the relatively high number of noise cases can be attributed to many factors including
the increased public awareness of the Noise Ordinance, the efficacy and success of community
outreach efforts to educate residents regarding City services, and the ease of access available to
citizens through the City's centralized telephone number (305- 604 -CITY) by which Code may be
reached via the Parking Department dispatchers throughout the day and evening to respond to noise
complaints.
Total Cases Opened
by Year
5,000 4,664
4 086
4,000 3,414
3 OSO
3,000 '
2,000
1,000
0
Chart #1
Attachment A provides a detailed analysis and breakdown of noise complaints and calls for service
for all cases for the period of July 1, 2012 through June 30, 2013. Further analysis reflects that of
the 3,846 cases for the 2012 -2013 reporting year:
• 158 cases were cancelled by the complainant,
• 41 cases were voided,
• 194 cases were referred to and /or addressed by the Miami Beach Police Department,
• 11 cases were deemed to be duplicate complaints; and
• 10 cases were closed as they were not applicable to Code.
When these 414 are backed out of the total number of noise cases opened, that leaves 3,432 noise
cases with a disposition of either valid or invalid. Of these, 891 cases were deemed to have been
valid, resulting in an aggregate annual noise validity rate of 25.97 % , for the period between July 1,
2012 and June 30, 2013.
- 2 012-20 13 Annual Noise Report Pa e 3 of 8
LTC p g
(July 2012 - June 2013) & 2 d Quarter 2013
II. HISTORICAL ANALYSIS
The annual noise report is composed of four (4) quarters: the last two quarters of Calendar Year
2012 [Q3 -2012 (July 1, 2012 through September 30, 2012), Q4 -2012 (October 1, 2012 through
December 31, 2012)], and the first two quarters of Calendar Year 2013 [Q1 -2013 (January 1, 2013
through March 31, 2013), and Q2 -2013 (April 1, 2013 through June 30, 2013)]. A trend analysis by
quarters, relative to Q4 -2007, clearly reflects that the majority of noise - related cases take place
within residentially zoned areas. Chart 2 below reflects this information in historical context.
Residential vs Commercial Noise Cases
Historical Data by Quarter
1200 -*— Residential _.
1,137
1000 ---- Comm�r_caa! ___. -- - - -__
%842 Soo -7 640 13 62 66 2 600 - - -4 51 47 9 61
400 +, 45R 518 443
339 � � 1 295
2 2
200 + — 1 �
— ,--. -- 7 43
172 133 18 39 139 112
P f�4P�4 ,d,4,,,ffaryo,oryo,o4�Q yo4 moo, goy 4 � 4 4ryo-01 �
Chart #2
During the annual rating period between July 2012 and June 2013, approximately 68% of noise -
related cases were identified to have taken place at a residentially zoned location. The remaining
32% took place at either a commercially zoned area (22.5 %) or "other" (9.6 %). For the purposes of
this report, "other" pertains to noise violations at a public event or the public right of way.
BREAKDOWN OF TOTAL CASES BY TYPE
July 2012 — June 2013
RESIDENTIAL 2,330 67.9%
COMMERCIAL 772 22.5%
OTHER 330 9.6%
TOTAL 3,432 100%
Chart #3
III. SUMMARY OF ANNUAL REPORT DATA — COMMERCIAL CASES
Historically, Noise Reports have focused more extensively on commercial noise violations as
opposed to residentially zoned noise violations. Commercial noise cases are those that take place in
clubs, hotels, condo /hotels, restaurants, retail stores and construction sites. During the 2012 -2013
annual rating period, 772 cases were deemed to be commercial in nature. Further analysis of the
772 commercial cases reflects that 226 were deemed valid, reflecting an annual noise validity rate of
29.3% for commercially zoned areas.
LTC — 2012- 2013 Annual Noise Rep Page 4 of 8
P 9
(July 2012 — June 2013) & 2" Quarter 2013
It is important to denote that since Q1 -2012, and as a result of multiple efforts including ongoing
training, process monitoring, closer case review by Code Compliance Administrators (CCA) and
management, and greater accountability and follow up, the validity rate for commercial cases has
improved more than 10 percentage points in the past year and a half, exceeding 27% for the past
five (5) quarters, beginning in Q1 -2012. The chart #4 below illustrates this pattern.
Commercial Cases - Noise Validity Rate
By Quarter - Q1 2009 to Q2 2013
32.0%
30 0.2 ,
28 0 29
o
22.0% ° ° o 22.3%
19. % 0.7% 18.2%
18. o
17.0% °
15.2 /0 15.1% 15.7%
C121 ti� ' � b ti ti� 3 A� ti� ti "� P �. ti ' P7 ti 'L.
O O O C a d d d O O 4 0 C O O C d 4
Chart #4
The chart below reflects the breakdown by type of commercial establishment of the 772 Commercial
Cases for the period of July 2012 through June 2013.
All Commercial Cases - By Establishment Type
July 2012 - June 2013
CONDO/HOTEL
RESTAURANTS 78 Cases -10.1%
219 Cases 28.4%
CLUBS
23 Cases -15.9%
RETAIL
28 Cases - 3.6%
BAR
62 Cases - 8.0% HOTEL
262 Cases -33.9%
Chart #5
A cursory analysis reflects that noise from hotels and restaurants make up nearly two - thirds (2/3) of
all the commercial noise cases, followed by clubs, condo - hotels, bars, and commercial retail space.
LTC — 2012 -2013 Annual Noise Report Page 5 of 8
(July 2012 — June 2013) & ,, Quarter 2013
Extended analysis of the commercial cases reflects that of the 226 cases with a valid disposition
during 2012 -2013 reporting period, the breakdown was as follows:
➢ 74 cases (32.74 %) taking place at a hotel were deemed valid.
➢ 73 cases (32.31 %) noise cases at restaurants were deemed valid.
➢ 29 cases (12.83 %) taking place at clubs were deemed valid.
➢ 24 cases (10.62 %) taking place at a bar were deemed valid ; and
➢ 26 cases (11.50 %) were composed of cases that took place at condo -hotel and a
retail store.
A. Type of Noise - Commercial Cases
Unequivocally, the type of noise with the highest level of incidence is amplified / loud music. This has
been the case for both residential and commercial noise violations since the inception of the noise
report.
During the rating period, loud music accounted for 87.0% of the commercial noise complaints (672
cases). This was followed by construction noise (86 cases — 11.1 %), honking /car alarms (5 cases —
0.6 %), and barking dog (5 cases - .6 %). Please see Attachment B for additional details.
B. Time /Day of Week of Commercial Noise occurring
As in previous annual reports, during the annual rating period of 2012 -2013 there was a relative
even balance for all commercial noise cases opened and /or reported between 7 AM to 11 PM (384
cases — 49.7 %) and those cases opened and /or reported between 11 PM and 7 AM (388 cases —
50.3 %). It is of upmost importance to denote that the 11 PM to 7 AM period is only eight (8 hours)
and usually matches or surpasses the volume of noise calls of the sixteen (16) hour period between
7 AM and 11 PM.
Further assessment of the valid commercial noise violations during the rating period reflects a
smaller volume of valid noise cases taking place during the 16 hour period between 7 AM and 11 PM,
(101 cases) when compared to the eight (8) hour period between 11 PM and 7 AM (125 cases). This
difference or higher volume of cases in the evening is expected or foreseeable as most commercial
enterprises and entertainment industry are more active and prone to violate the noise provisions in
the evening than in the morning /afternoon.
As it relates to the day of the week, the trend continues to be as projected, as the majority of noise
cases take place on Saturday (27.1%); and the four -day period of Thursday through Sunday
accounted for 78.8% (169 cases) of all cases. This has been the findings and trend reflected in
previous reports as well. Further data is available on page 2 of Attachment B.
C. Response Time
Data regarding response time for complaints is obtained from the Parking Department data entry into
Permits Plus. The table on the following page reflects a small difference between valid and non -valid
commercial cases, with an arrival time difference of about 2 minutes (1 minute 46 seconds).
On average, valid commercial violations took 20 minutes, 46 seconds; while the non -valid cases took
22 minutes and 22 seconds. Although the difference of one (1) minute and 24 seconds may be
deemed marginal, the analysis indicates some correlation between the response times impacting the
noise enforcement outcomes.
LTC — 2012 -2013 Annual Noise Report Page 6 of 8
"d Quarter 2013
Jul 2012 —June 2013 & 2 "
(July ) Q
Average Time for Code Officer to Arrive
ANNUAL Q3/2012 - Q2/2013
Average Time Number Average Time from
Number Establishment Call Received by
of Cases* Type to Officer's Status of Dispatch to Code
Arrival Cases * Officer's Arrival
Residential 0:24:24 VALID 533 0:23:28
NON -VALID 1588 0:24:43
3,044 Commercial 0:22:00 VALID 148 0:20:46
NON -VALID 485 0:22:22
Other 0:21:55 VALID 55 0:15:21
NON -VALID 235 0:23:27
All Cases 0:23:48 VALID 736 0:22:00
NON -VALID 2308 0:24:22
"Average Time Calculated using only those cases with valid time data for "Time Call Received by Dispatch" & CCO Arrival
With the understanding that the quicker response times yield a probability of identifying a valid noise
complaint, Code Compliance administration has established the benchmark for response time to
noise violations at 15 minutes or less from the time the call is received by Dispatch until the time of
the officer's arrival. Keeping response time levels to 15 minutes or less is directly proportionate to
staffing levels, as well as efficient CCO deployment and coverage.
MAJOR EVENTS / SPECIAL EVENTS
During the annual rating period of July 2012 through June 2013, there were a number of events that
impacted the volume of noise cases and noise complaints. These events included Memorial Day /
Urban Beach Weekend, Spring Break, and Winter Music Festival. Historically there is an increase in
the incidence of noise - complaints when compared to instances where there were no special events.
However, not all special events have an impact on noise violations. Other special events that
generally do not have an impact on noise violations include Art - Basel, SoBe Wine and Food Festival,
the Miami Beach International Boat Show, the Festival of the Arts, and Art -Deco Weekend.
CASES REFERRED TO POLICE DEPARTMENT
During the last year, there were meetings and training sessions held related to noise violations with
both the Police Department (PD) and the Parking Department (who handles dispatching
responsibilities for Code and all calls made to (305) 604- CITY(2489). Various topics have been
discussed including the conditions when Dispatch would refer a noise complaint directly to PD, as
well as differences between noise violations versus a disturbance or unruly behavior. In addition,
noise calls are routed to PD for a five (5) hour period on Mondays through Wednesdays (from 1:00
AM through 6:00 AM); and for a three (3) hour period on Thursdays and Sundays, (between 3:00 AM
and 6:00 AM). On Fridays and Saturdays, Code addresses noise violations 24 hours.
LTC — 2012 -2013 Annual Noise Report Page 7 of 8
(July 2012 — June 2013) & 2 nd Quarter 2013
SUMMARY OF 2 ND QUARTER 2013 DATA
In an effort to avoid repetition, the analysis for Q2 -2013 will focus on salient issues. For the period
encompassing April 1, 2013, through June 30, 2013, there were 803 noise cases addressed by the
Code Compliance Division. Of these:
• Thirty one (31) were canceled by the complainant,
• Eleven (11) were voided,
• Four (4) were deemed to be duplicate complaints,
• 76 were referred to PD, and
• Two (2) were not applicable to Code.
I
As a result, the total number of cases with a valid or non -valid disposition was 679. Of these, 461
cases (67.9 %) were identified to have taken place at a residentially zoned location; 143 cases were
deemed commercial (21.1 %); and 75 (11.0 %) of identified as "other ", occurring at a public venue.
The total number of noise cases deemed valid was 172, for an aggregate noise validity rate of 25.3%
(See Attachment C for additional information).
Further analysis of Q2 -2013 reflects that the noise validity rate for residential cases was 25.4% (117
valid cases out of a total of 461 cases). For commercial cases the validity rate was 28.0% 40 valid
noise cases out of 143 total cases). Attachment D provides detailed and additional data on
commercial cases for Q2 -2013.
SPECIAL MASTER APPEAL HEARINGS
During the reporting period encompassing April 1, 2013 through June 30, 2013, there were a total of
twenty eight (28) appeals filed and /or heard by the Special Master for noise - related cases. Five (5)
cases have yet to be heard, and six (6) cases were either Nolle Prosse, or entered into an
agreement between the petitioner and the City Attorney's Office. Of the remaining seventeen (17)
cases, seven (7) were dismissed for failing to be proven by clear and convincing evidence, and ten
(10) were upheld / adjudicated guilty. Detailed information regarding Special Masters Appeal
Hearing is reflected in Attachment E.
RECOMMENDATIONS
Having limited options for the status of a noise complaint fails to provide sufficient information about
the outcome of those noise complaints. This is particularly true of invalid cases, where there are a
myriad of factors that may contribute toward a noise complaint resulting in "invalid." During multiple
discussions with administration, a number of case dispositions were identified that should be
reflected, including but not limited to "unfounded ", "unverifiable ", "inaccessible ", "allowable / within
guidelines" (i.e. is not unusual to have fireworks during the 4 th of July or New Year's Celebration; or
noise emanating from a park associated with a football, baseball, or softball game). In those
instances, the only current option is to deem the call invalid. There are also multiple calls made for
barking dogs, and when a CCO arrives to location, there is no access to the building in question,
resulting in an "invalid" outcome, when in reality the outcome should be "inaccessible" (building or
apartment), or "not occurring on arrival ".
LTC — 2012 -2013 Annual Noise Report Page 8 of 8
(July 2012 — June 2013) & 2 Quarter 2013
The proposed additional dispositions include but are not limited to:
• Unfounded complaint
• Unverifiable
• Inaccessible
• Allowable / Within Guidelines
• Not occurring on arrival
These dispositions will be added to the database to be reflected in the next quarterly noise report.
CONCLUSION
Noise has been and continues to be one of the most dynamic topics related to quality of life issues
affecting our community, impacting both residents as well as the entertainment - related businesses.
Over the next few weeks, additional discussions are scheduled to take place regarding Phase II of
the Crowe - Horwath analysis, particularly as it relates to noise and its current processes.
In the meantime, Code Compliance administration will continue its current process of ongoing
training sessions, monitoring, and follow up by supervisory staff, focusing on areas of improvement,
accountability, interdepartmental communication, and data collection.
JLM/ J/ /SS/HC/RSA�`
Attachments
Attachment A - Annual Noise Data — 7/01/2012 through 6/30/2013
Attachment B - Annual Commercial Noise Data - 7/01/2012 through 6/30/2013
Attachment C - Quarterly Noise Data - (4/01/2013 through 6/30/2013)
Attachment D - Quarterly Commercial Noise Data Q2 -2013 (4/01/2013 through 6/30/2013)
Attachment E - Special Masters Appeal Hearings - (4/01/2013 — 6/30/2013)
F: \CODE \$ADM \Robert\NOISE REPORTS\ANNUAL - 2012 -13 & Q2 2013\2012 - 2013 ANNUAL REPORT & Q2 2013.doc
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ATTACHMENT E
Information on .. and by e
Date of Request Special Master Code Case Address Name Status
Violation Filed Case Number Number
11/21/2012 11/30/2012 JC13000133 CE13001723 6515 COLLINS AV DANIEL ETTEDGUI SM 04/04/2013 - Violation not proven by clear and
convincinq evidence to be valid. Case Dismissed.
11/26/2012 12/05/2012 JC13000134 CE13001835 1235 WASHINGTON Star Island SM 05/16/2013 - Guilty of a 1st Offense. $250 fine shall
AV Entertainement LLC be paid by 6/17113.
dba
12/02/2012 12/10/2012 JC13000135 CE13002066 1420 STILLWATER Fernando Raucci & W SM 02/07/2013 - Violation not proven by clear and
DR Monica convincing evidence to be valid. Case Dismissed.
12/07/2012 12/14/2012 JC13000241 CE13002224 1144 OCEAN DR S & M AIRPLAINE SM 04/04/2013 - Guilty of 2nd Offense. $1,000 to be
ENTERPRISES LLC paid by 8/7/13.
12/09/2012 12/14/2012 JC13000240 CE13002303 1144 OCEAN DR 1144 OD LLC SM 04/04/2013 - Guilty of 3rd Offense. $2,000 to be
aid by 8/7/13.
12/13/2012 12/21/2012 JC13000250 CE13002517 1701 COLLINS AV 1701 COLLINS SM 06/13/2013 - Case dismissed with prejudice, based
(MIAMI) OPERATING on agreed order.
COMPANY LLC
01/01/2013 01/15/2013 JC13000158 CE13003175 1501 COLLINS AV TEQUILA CHICAS SM 04/04/2013 - Guilty of 1st Offense. $250 shall be
aid by 5/6/13.
02/08/2013 02/26/2013 JC13000252 CE13005464 235 23RD ST Mokai Lounge, LLC SM 05/02/2013 - Nolle Prosse submited by the City
Attorney.
02/09/2013 02/19/2013 JC13000239 CE13004636 235 23RD ST Mokai Lounge, LLC SM 05116/2013 - Case dismissed based on an
acireement between the City and Petitioner.
02/1012013 02/20/2013 JC13000238 CE13004680 1235 WASHINGTON Star Island SM 05/16/2013 - Case dismissed based on an
AV Entertainement LLC agreement between the City and Petitioner.
dba
02/16/2013 02/26/2013 JC13000251 CE13005058 1135 8TH ST Jacob Mcclean SM 05/02/2013 - Adjudicated Guilty of a First Offense.
$250 Fine to be paid by 6/18/13.
02/16/2013 02/26/2013 JC13000254 CE13005061 1501 COLLINS AV OCEAN ENDS LLC SM 04/04/2013 - Case not proven by clear and
D /B /A TEQUILLA convincing evidence to be valid. Case dismissed.
CHICAS
02/23/2013 02/26/2013 JC13000253 CE13005462 235 23RD ST Mokai Lounge, LLC SM 05/16/2013 - Case dismissed based on an
acireement between the City and Petitioner.
03/01/2013 03/06/2013 JC13000273 CE13005795 309 23RD ST Villa Azur SM 05/02/2013 - Guilty of First Offense. $250 Fine to be
aid by 6/3/13.
03/06/2013 03/12/2013 JC13000266 CE13006138 920 LINCOLN RD THE LAUREN SM 05/02/2013 - Guilty of First Offense. $250 Fine to be
INVESTMENTS paid by 6/3/13.
CORP
03/10/2013 04/08/2013 JC13000294 CE13006365 1200 OCEAN DR 1200 OCEAN SM 06/13/2013 - Case closed for lack of payment for
ASSOCIATES LTD appeal.
03/10/2013 04/08/2013 JC13000295 CE13006400 1200 OCEAN DR SOBE MIAMI LLC SM 06/13/2013 - Case closed for lack of payment for
D /B /A PALACE appeal.
03/12/2013 03/20/2013 JC13000274 CE13002123 1111 COLLINS AV TBS REALTY LLC, SM 05/02/2013 - NOV not proven by clear and
DBA DREAM - convincing evidence. Case dismissed.
MAERD SOUTH
BEACH.
03/16/2013 03/20/2013 JC13000275 CE13006814 1111 COLLINS AV TBS REALTY LLC, SM 06/13/2013 Based on an agreed order Case
DBA DREAM - dismissed with prejudice.
MAERD SOUTH
BEACH.
03/17/2013 04/30/2013 JC13000319 CE13007015 1801 COLLINS AV SHELBORNE HOTEL SM 06/13/2013 - Case not proven by clear and
MBCH convincinci evidence to be valid. Case dismissed.
03/21/2013 04/09/2013 JC13000292 CE13007203 4385 COLLINS AV SOHO HOTEL SM 06/13/2013 - NOV not proven by clear and
convincing evidence. Case dismissed.
03/23/2013 03/29/2013 JC13000293 CE13007292 1020 OCEAN DR 2K SOUTH BEACH SM 06/13/2013 - NOV not proven by clear and
HOTEL LLC convincing evidence. Case dismissed.
03/27/2013 04/05/2013 JC13000291 CE13007536 4385 COLLINS AV RYDER SM 09/26/2013
PROPERTIES LLC
04/07/2013 04/16/2013 JC13000318 CE13007917 1545 COLLINS AV JAMES ROYAL SM 07/18/2013
PALM HOTEL
04/26/2013 05/06/2013 JC13000330 CE13008547 7337 HARDING AV LOUIS BEER SM 06/13/2013 - Guilty of First Offense. $250 Fine to be
GARDEN paid by 7/15/13.
05/18/2013 05/20/2013 JC13000388 CE13009225 5001 COLLINS AV ROBERT SM 07/18/2013
BRIANSTANG
05/18/2013 05/23/2013 JC13000389 CE13009250 11685 COLLINS AV IDELANO HOTEL SM 07/18/2013
06/08/2013 06/14/2013 JC13000394 CE 13009973 323 23RD STREET ACQUA LLC dba SM 07/18/2013
TREEHOUSE