98-3157 ORD
ORDINANCE NO. 98-3157
ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ENACTING MIAMI BEACH CITY CODE SECTION 46.161 ENTITLED "MOTOR
VEHICLE ALARMS" OF MIAMI BEACH CITY CODE ARTICLE IV, ENTITLED "NOISE" OF
MIAMI BEACH CITY CODE CHAPTER 46, ENTITLED "ENVIRONMENT; PROVIDING
DEFINITION; PROHIBITING EXCESSIVE AND PROLONGED NOISE; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach strives to protect its residents and businesses from
unreasonably loud noise; and
WHEREAS, unreasonable and prolonged noises emanating from motor vehicles can have adverse
effects on the health of residents of the City of Miami Beach; and
WHEREAS, the emission of a siren or horn noise on vehicles beyond thirty minutes no longer
represents a danger warning but rather, constitutes a public nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 46-161, entitled "Motor Vehicle Alarms" of Miami Beach City Code Article IV,
entitled "Noise" of Miami Beach City Code Chapter 46, entitled "Environment" is hereby enacted to read as
follows:
Section 46-161 Motor Vehicle Alarms
~ Definition. The following term shall have the following meaning for purposes of this section:
"Alarm System" shall mean a motor vehicle siren or horn alarm system contained in or appurtenant to
a motor vehicle. designed to activate and sound in the event of a break-in or attempted break-in of the
vehicle.
Q} It shall be unlawful for any motor vehicle equipped with an alarm system to activate and emit a siren or
horn noise. audible at a distance of 100 feet intermittently or continuously within a period in excess of
thirty (30) minutes between the hours of II :00 p.m. and 7:00 a.m. Any person who has custody of any
such offending motor vehicle shall be deemed in violation of this section.
.0 A violation of this section on the public streets or areas within the City is hereby declared a public
nuisance which may be abated by the removal of such vehicle upon authorization of a law enforcement
officer. Prior to removing such vehicle. the law enforcement officer shall afford the owner or custodian
of such vehicle the opportunity to disconnect or deactivate the alarm system at the scene. Otherwise.
the vehicle shall be removed to an authorized facility. The law enforcement agency shall ascertain the
name and address of the registered owner of such vehicle and provide written notice by certified mail.
return receipt requested. within twenty-four (24) hours of such removal. the reason(s) for the removal.
and the place where such vehicle has been removed. The fees assessed for the removal of the vehicle
may be appealed by filing a complaint in the county court and posting with the court a cash or surety
bond or security equal to the amount for the removal and/or storage of the vehicle to ensure the payment
of such in the event the owner or custodian of the vehicle does not prevail.
ill A violation of this section on private property shall cause the person who owns or has custody of the
offending vehicle to be fined $50.00 Any duly designated law enforcement officer and/or code
enforcement officer is authorized and empowered to enter without force upon private property in order
to detect and issue a citation or notice of violation to and upon the owner or custodian of the offending
motor vehicle. The citation or notice of violation may be appealed in accordance with the procedures
set forth in Chapter 30 of this Code.
~ It shall not be a violation of this section if it is determined by the law enforcement officer and/or code
enforcement officer that the siren or horn noise has been triggered by the unauthorized opening of the
hood. trunk or door(s) of the vehicle. by the breaking or attempted breaking of a window or by lightning.
thunderstorms. or severe weather conditions.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not
be affected by such invalidity.
SECTION 4. 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 the Ordinance shall become and be made part of the Code of the City of
Miami Beach, Florida. The sections ofthis Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 12 th day of December, 199~.
PASSED and ADOPTED this 2nd day of December ,1998.
J>>R
MAYOR
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1st reading 11/18/98
2nd reading 12/2/98
1IIc~~ I()~ d Ian
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:ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. B.L3.:l8.
TO:
Mayor Neisen O. Kasdin and
Members of the City C
DATE: December 2, 1998
FROM: Sergio Rodriguez
City Manager
SUBJECT: SECOND READING - ORDINANCE ENACTING MIAMI BEACH CITY
CODE SECTION 46.161 ENTITLED "MOTOR VEHICLE ALARMS" OF
MIAMI BEACH CITY CODE ARTICLE IV, ENTITLED "NOISE" OF
MIAMI BEACH CITY CODE CHAPTER 46, ENTITLED
"ENVIRONMENT"; PROVIDING DEFINITION; PROHIBITING
EXCESSIVE AND PROLONGED NOISE; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENAL TIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
The City has received a number of complaints from residents with regard to motor vehicle burglar
alarms. There is a continuous problem with motor vehicle burglar alarms activating while the
vehicles are parked in residential or commercial areas of the City. The complaints revolve around
the motor vehicle alarms activating and creating a noise nuisance and either the owner of the vehicle
cannot be located, or iflocated, refuses to take care of the problem.
This problem creates a public nuisance and raises health concerns for our residents. The activation
of a siren or horn noise on a vehicle beyond 30 minutes no longer represents a warning of danger,
but rather constitutes a public nuisance.
This ordinance addresses the nuisance created by the continuous sound of these alarms and provides
a procedure for the abatement of such nuisances.
The City Commission held the first reading on this Ordinance on November 18, 1998 and approved
the Ordinance for a Public Hearing and a second and final reading.
AGENDA ITEM
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12- '2 -C,S
DATE
ANALYSIS
The ordinance will prohibit any motor vehicle equipped with an alarm system to activate and emit
a siren or horn noise, audible at a distance of 100 feet intermittently or continuously within a period
in excess of30 minutes between the hours of 11 :00 p.m. and 7:00 a.m. A violation of this ordinance
will result in the vehicle being declared a public nuisance and police officers, after attempting to
locate the owner, will be authorized to remove the vehicle at the owner's expense.
The ordinance further contains provisions for notifying the registered o\\-ner ofthe vehicle and also
provisions for handling vehicles on private property.
CONCLUSION
By adopting this ordinance, the City will have a procedure for reducing this public nuisance.
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