Ordinance 2018-4217 ORDINANCE NO. 2018-4217
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING
SECTION 46-157, ENTITLED "EXEMPTIONS," WHICH MODIFIES
THOSE IDENTIFIED EXEMPTIONS THAT WOULD CONSTITUTE
UNNECESSARY AND EXCESSIVE NOISE THAT IS PROHIBITED
WITHIN SECTION 46-152; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, noise has been a topic of concern within the City of Miami Beach for many
years, and has recently been the subject of Commission discussion and community meetings to
address modified enforcement and legislative solutions; and
WHEREAS, the noise disturbances along Ocean Drive, between 5th Street and 15'"
Street, have culminated in the overwhelming degradation of this iconic stretch of the City, and
has caused far-reaching implications upon the City's emergency services and responders; and
WHEREAS, the Mayor and City Commission have identified the need to more effectively
addressing noise disturbances along this portion of Ocean Drive, which noise disturbances are
predominately generated by radios, televisions, musical instruments, phonographs, and other
machines or devises which produce or reproduce sound; and
WHEREAS, this provision herein is deemed necessary to protect the public health,
safety and welfare, and to address the actual, material and on-going disruptions caused by
amplified sound in the City by persons or entities violating the Noise Ordinance; and
WHEREAS, the amendment to this Ordinance will serve to further minmize the noise
concerns of the City, its residents and visitors along this iconic stretch of Ocean Drive.
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 46-157 of Article IV, entitled "Noise," of Chapter 46, entitled
"Environment" of the Code of the City of Miami Beach, Florida, is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE IV. NOISE
Sec. 46-157. Exemptions.
The following uses and activities shall not constitute unnecessary and excessive noises
prohibited in section 46-152:
(1) Cries for emergency assistance and warning calls.
(2) Radios, sirens, horns and bells and other sounds created by police, fire and other
emergency response vehicles.
(3) Parades, fireworks displays, and other activities for which a permit has been
obtained from the city, pursuant to section 46-156, within such hours and in
accordance with such restrictions as may be imposed as conditions for the
issuance of the permit.
(4) Authorized activities on or in municipal or publicly owned properties and facilities,
except where such publicly owned properties or facilities are under private
operation or use, unless the city manager or the city manager's designee has
specifically authorized an exemption from this section, which exemption will be
subject to specific requirements consistent with the administrative guidelines
approved by separate resolution of the city commission.
(5) Fire alarms and burglar alarms, bells and chimes of churches or other religious
institutions; however, false burglary alarms shall be subject to enforcement
procedures and penalties as set forth in article II of chapter 42.
(6) Locomotives and other railroad equipment and aircraft, to the extent that city
regulation is preempted by federal law.
(7) Noises resulting from emergency work.
(8) Any noise resulting from activities of a temporary duration permitted pursuant to
section 46-156.
(9) Noise generated by motor vehicles as defined in F.S. § 320.01 when operated
and equipped in accordance with requirements set forth in the Florida Statutes.
(10) Noise resulting from the operation of vessels when operated in compliance with
the decibel limitations in F.S. § 327.65. However, noise exceeding the limitations
set forth in F.S. § 327.65 shall be subject to enforcement and penalties as set
forth in F.S. ch. 327.
(11) Live or amplified sound projecting east of the east property line from each
property from 1st Street to 5th Street on the east side of Ocean Drive, from 5th
9"' Street and 15th to 11'h Street on the west side of Ocean Drive, from 15th
Street to 73rd Street on the east side of Collins Avenue, from 73rd to 75th
Streets on the west side of Ocean Terrace, and from 76th to 87th Streets on the
east side of Collins Avenue. This exemption shall only apply to noise that is
received in that area located east of the violating property and between the north
and south projections of its property boundaries and where there is no part of any
residential building or structure on any property to the east of the violating
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property unless the building or structure to the east is owned by the violator. Any
noise received by a property that is outside of this area shall subject the violator
to the enforcement provisions of this article.
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, 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 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 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 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 17 day of OGTD6?r . 2018.
ATTEST:
C.
3a �� Dan Gelbe , ayor ci
Raf el E. Gr nado, City Clerk
(Sponsored by Mayor Dan Gelber)
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Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: October 17, 2018
10:15 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CHAPTER 46 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ENVIRONMENT,' BY AMENDING ARTICLE IV,
ENTITLED "NOISE," BY AMENDING SECTION 46-157, ENTITLED
"EXEMPTIONS," WHICH MODIFIES THOSE IDENTIFIED EXEMPTIONS THAT
WOULD CONSTITUTE UNNECESSARY AND EXCESSIVE NOISE THAT IS
PROHIBITED WITHIN SECTION 46-152; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, the above-referenced Ordinance is submitted for
consideration by the City Commission at the October 17, 2018 Commission meeting.
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Ordinance
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