Ordinance 497 aMOMEMMIIIMW
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ORDINANCE NO. 497
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, CLASSIFYING, REGULATING AND/OR
PROHIBITING CERTAIN NOISES IN SAID CITY
AND FIXING PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: The purpose of this ordinance is to control noises
and the nuisance thereby created in such a manner as
to cause the least hardship or offense to the greatest number of
people.
SECTION 2: PROHIBITED . NOISES: The following noises and other
noises of the same characteristics, intensity and/or
annoyance shall be prohibited at all times and at all places within
the limits of the City of Miami Beach.
1. The sounding of any horn or signal device on
automobiles, motorcycles, buses or other vehicles
while not in motion, except as a danger signal if
another vehicle is approaching apparently out of
control, or if in motion, only as a danger signal
after, or as brakes are being applied and
deceleration of the vehicle is intended; the
creation by means of any such signal device of any
unreasonable long or harsh sound; and the sounding
of any such device for an unnecessary and unreason--
able period of time.
2. The keeping of any animal or bird which by causing
frequent or long continued noises shall disturb the
comfort and repose of any person in the vicinity.
3. The use of any automobile, motorcycle or vehicle
so out of repair, so loaded or in such a manner
as to create loud and unnecessary grating, grinding,
rattling or other noises.
4. The blowing of any steam or air whistles, except
to give notice of the time to begin or stop work,
or as a warning of danger.
5. The discharge into the open air of the exhaust of
any steam engine, stationery internal combustion
engine, motor vehicle or motor boat engine except
through a muffler or other device which will effect—
ively prevent loud and explosive noises therefrom.
6. The creation of any excessive noise on any street
adjacent to any school, institution of learning or
court while the same are in session, or adjacent to
any hospital, which reasonably interferes with the
working of such institution, provided conspicuous
signs are displayed in such street, indicating that
the same is a school, hospital or court street.
7. The creation of `-any loud or excessive noises in--
connection
n--connection with the loading or unloading of any
vehicle or the opening and destruction of bales,
boxes, crates and containers.
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S. The shouting and crying of peddlers, hawkers, etc.
which disturb the peace and quiet of the neighbor-
hood.
9. The use of any drum, loud speaker or other instru-
ment or device for the purpose of attracting
attention by the creation of noise to any perform-
ance, show or sale or display of merchandise.
10. The explosion of fire-crackers, sky-rockets,
roman-candles, pin-wheels or any other form of fire
works or the unnecessary shooting of any fire-arms.
11. The use of mechanical loud speakers or amplifiers
on trucks or other moving vehicles for advertising
or other purposes except where specific license is
received from the City Manager.
SECTION 3: RESTRICTED NOISES: Other noises, because of their
nature and characteristics shall be grouped as follows
for -idle purpose of control and restrictions:
Group "A" : Steam, gasoline or oil operated cranes,
pile-drivers, excavators, dredges, ditchers
and all other similar machinery; one-cylin-
der steam or internal combustion engines (horizontal or
vertical) ; air compressors and pneumatic riveting
machines, jack-hammers, drills and other similar air
equipment; power band and circular saws working in the
open; hand hammers on steel or iron ( structural, rivets
or otherwise) and all other noises of similar intensity
and/or annoyance.
Group "B" : Stationery or portable concrete mixers
( engines multi.-cylindered and properly
muffled) ; power band and circular saws,
sanders, planers, grinding machines, drills, bar-benders
and cutters and similar machinery when enclosed; hand
operations in connection with plumbing, electrical,
roofing and framing work in the open.
Group "C" : Transit concrete mixers ( engines multi-
cylindered and properly muffled) operated to
cause the least possible noise; hand opera-
tions in connection with plumbing, electrical, roofing
and framing work when enclosed; hand loading and unload-
ing and the hauling of building materials and other
similar heavy trucking; masonry work and the hand mixing
of mortar; plastering and the hand mixing of plaster;
painting; glazing; landscaping and all other noises of
similar intensity and/or annoyance.
Group "A", "B" and "C" noises to be considered enclosed
shall originate within the exterior walls of a building.
SECTION 4: PERIODS: For the purpose of controlling "Restricted
Noises", the year shall be divided into two
( 2) periods as follows:
Period No. 1: Period No. I shall begin with and include
December 16th and shall include and end
with March 31st; which period being the
months of greatest population shall be most restricted.
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Period,No. 2: Period No. 2 shall begin with and
include April 1st and shall include
and end with December 15th; which
period being the months of least population shall be
least restricted.
SECTION 5: The hours during which "Restricted Noises" of the
various classifications shall be prohibited are as
follows:
Days other than Sunday
Group "A" Group "B" Group "C"
Period 1 from 5:30 pm 5: 30 pm 5:30 pm
to 9:00 am 9:00 am 9:00 am
Period 2 from 6:00 pm 11:00 pm 11:00 pm
to 7:00 am 7:00 am 7 :00 am
Sundays
Group "A" Group "B" Group "C"
Period 1 from Not Not Not
to Allowed Allowed Allowed
Period 2 from Not Not Not
to Allowed Allowed Allowed
SECTION 6: DISTANCES: Distances shall pertain to the measurement
from the nearest point of any buildina.
occupied as a hotel or apartment as
defined in Ordinance No. 289, being the Zoning Ordi-
nance of the City of Miami Beach to the source of the
noise.
The distances within which "Restricted
Noises" of the various classifications
shall be prohibited are as follows:
Group "A" Group "B" Group "C"
Period 1 501 501 Not
Restricted
Period 2 Not Not Not
Restricted Restricted Restricted
SECTION 7: EXCEPTIONS:l.The requirements of this Ordinance shall
not be construed to prevent the operation
of automobiles or light delivery vehicles
at any time; provided, however, that such motor
vehicles shall at all times be properly muffled and
shall be so operated as to create the least possible
noise or nuisance.
2. The City Manager shall have the right to
waive any or all the requirements herein,
in cases of emergency where the welfare
of persons or property may be jeopardized by their
strict enforcement.
SECTION 8: PENALTIES: Violators of any of the provisions of this
Ordinance shall be punishable, upon con-
viction, by a fine of not more than
$ 100,00 Dollars or imprisonment of not more
than 30_ days or by both. Each separate viola-
tion shall be considered as a separate offense and may
be punishable as such.
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SECTION 9: LEGALITY: If any section, sub-section, sentence,
clause or phrase of this Ordinance is for
any reason held to be unconstitutional,
such decision shall not affect the validity of the
remaining portions of this Ordinance, which shall
remain in effect as if the unconstitutional portion
or portions have not been included.
SECTION 10: EFFECTIVE DATE: This Ordinance shall be and is hereby
declared to be in full force and
effect from and. after 30 days
from the date of its final passage and approval.
SECTION: Ordinance No. 476 and all ordinances or parts of
ordinances in conflict with the provisions of this
ordinance are hereby repealed.
PASSED AND ADOPTED this 6th day of October, A.D.
1937.
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Attest:
ity C erk
1st Reading, September 16th, 1937
2nd Reading, September 16th, 1937
3rd Reading, October 6th, 1937
Posted - October 7th, 1937.
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STATE OF FLORIDA )
COUNTY OF DADE )
I, C. W. TOHLINSON, City Clerk in and for
the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 497 entitled "AN ORDINANCE OF THE CITY OF MIAMI
BEACH , FLORIDA, CLASSIFYING, REGULATING AND/OR PROHIBITING
CERTAIN NOISES IN SAID CITY AND FIXING PENALTIES FOR VIOLATION
THEREOF" , having been passed and adopted by the City Council
of the City of Miami Beach, Florida, has been posted by me in
three conspicuous places in the City of Miami Beach, one of
which was at the door of the City Hall in said City on the
7th day of October, A. D. , 1937 , and that said ordinance re-
mained posted for a period of at least thirty days in accordance
with the requirements of the City Charter of the said City of
Miami Beach.
IN WITNESS WHEREOF I have hereunto set my
hand and affixed the official seal of the City of Miami Beach,
Florida, on this the 24th day of November, A. D. , 1937.
ity Clerk
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