Resolution 2022-32307 RESOLUTION NO. 2022-32307
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, DIRECTING THE CITY ATTORNEY'S OFFICE TO PREPARE A LETTER FOR
REMITTANCE, BY THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, TO THE
FLORIDA SENATE PRESIDENT KATHLEEN PASSIDOMO AND FLORIDA
REPRESENTATIVE LAUREN MELO, TO EXPRESS GRATITUDE FOR TAKING DECISIVE
ACTION IN DIRECTING THE OFFICE OF PROGRAM POLICY ANALYSIS AND
GOVERNMENT ACCOUNTABILITY("OPPAGA") TO CONDUCT A STUDY ON THE ISSUE
OF ILLEGALLY MODIFIED EXHAUST SYSTEMS AND AIR POLLUTION,AND WILLINGNESS
TO WORK WITH THE FLORIDA COURTS CLERKS AND COMPTROLLERS IN SIMPLIFYING
THE CALCULATION OF PENALTY PROVISIONS IN FLA. STAT. §318.18; AND FURTHER,
DIRECTING THE CITY ATTORNEY'S OFFICE TO INCLUDE IN THE LETTER A REQUEST
FOR THE OPPAGA STUDY TO INCLUDE EXAMINING THE POSSIBILITY OF ENACTING
NOISE CAMERA LEGISLATION TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO
UTILIZE NOISE CAMERA TECHNOLOGY FOR THE ISSUANCE OF EXCESSIVE
MUFFLER/EXHAUST NOISE CITATIONS.
WHEREAS, various State, County, and City laws prohibit unreasonable, excessive noise,
which creates a nuisance in areas where the excessive noise takes place, particularly in
residential areas, where unreasonable, excessive noise deprives residents of the peaceful
enjoyment of their homes; and
WHEREAS, recently, vehicle noise disturbances throughout the City, especially in heavily
travelled corridors, continue unabated, particularly noise emanating from vehicle exhausts,
revving of engines, and sound systems; and
WHEREAS, the City is not the only jurisdiction struggling with vehicle noise disturbances
that affect the quality of life of its residents and visitors—the administrative staff, and the Sheriff's
Office of Collier County, as well as the volunteer citizen organization "Quiet Florida," which was
established in Naples and dedicated to fighting noise pollution, recently met with Florida Senate
President Kathleen Passidomo("President Passidomo")and Florida Representative Lauren Melo
("Representative Melo") to discuss the issue of modified exhaust systems and noise pollution;
and
WHEREAS,following the productive meeting,the Board of Collier County Commissioners
unanimously remitted a letter to President Passidomo and Representative Melo, thanking them
• for their decisive actions to address the noise pollution issues, including directing the Office Of
Program Policy Analysis And Government Accountability("OPPAGA") to conduct a study on the
issue of illegally modified exhaust systems and air pollution, and willingness to work with the
Florida Courts Clerks and Comptrollers in simplifying the calculation of penalty provisions in Fla.
Stat. §318.18. (see Exhibit A attached to this Resolution); and
WHEREAS, the Mayor and City Commission wish to remit a similar letter to President
Passidomo and Representative Melo to express their gratitude for taking swift action on modified
exhaust systems, and demonstrate that their actions are not going unnoticed in other jurisdictions
plagued by vehicular noise pollution; and
WHEREAS, in addition, the Mayor and City Commission desire for the letter to include a
request for the OPPAGA study to include examining the possibility of enacting noise camera
legislation that would authorize counties and municipalities to utilize noise camera technology for
the issuance of excessive muffler/exhaust noise citations; and
WHEREAS, some jurisdictions, including Paris, France, London, England, and Singapore,
have established programs using"noise cameras"to detect vehicles exceeding pre-defined noise
limits and contributing to noise pollution; and
WHEREAS, the noise meter and camera device technology is triggered by sound, and
can be utilized with filters designed to pick up on noisy vehicles and exhaust sounds that exceed
pre-defined noise limits; and
WHEREAS, inspired by cities such as London and Singapore, the City of New York
established a pilot program using noise cameras to record decibel levels of the vehicles and match
it to a license plate using a camera; and
WHEREAS, similarly, the City of Knoxville,Tennessee, has taken steps to establish a trial
program designed to record vehicle data when the traffic camera is triggered, including audio
levels as vehicles pass by, with the vehicle data being uploaded to a server where a technician
then decides whether to proceed with issuing a warning; and
WHEREAS, in fact, on July 8, 2022, the Mayor and City Commission adopted Resolution
No. 2022-32208, directing the City Administration to establish a Noise Meter and Camera Pilot
Program similar to that established in the City of Knoxville, to monitor vehicle noise pollution by
issuing warnings to motorists exceeding legal noise limits, and to give out warnings to motorists
violating the legal noise limits.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR- AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Attorney's Office to prepare a letter for remittance by the Mayor
and City Commission of Miami Beach to the Florida Senate President Kathleen Passidomo and
Florida Representative Lauren Melo to express gratitude for taking decisive action in directing the
Office of Program Policy Analysis And Government Accountability("OPPAGA")to conduct a study
on the issue of illegally modified exhaust systems and air pollution, and willingness to work with
the Florida Courts Clerks and Comptrollers in simplifying the calculation of penalty provisions in
Fla. Stat. §318.18; and further, direct the City Attorney's Office to include in the letter a request
for the OPPAGA study to include examining the possibility of enacting noise camera legislation
to authorize counties and municipalities to utilize noise camera technology for the issuance of
excessive muffler/exhaust noise citations.
PASSED and ADOPTED this fit day of September, 2022.
ATTEST:
, ,,,,,, �Dan Gelber, Mayor
SEP 2 1202� �P..
•
Rafael E. Granado, City Clerk Q k ' , APPROVED AS TO
IFICOR Mum FORM & LANGUAGE
& FOR EXECUTION
(Sponsored by Commissioner Steven Meiner)
/-109"-"%- `T I13) Aoz
roe City Attorney cpb Date
Resolutions -C7 AN
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: September 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY'S
OFFICE TO PREPARE A LETTER FOR REMITTANCE BY THE MAYOR
AND CITY COMMISSION OF MIAMI BEACH TO THE FLORIDA SENATE
PRESIDENT KATHLEEN PASSIDOMO AND FLORIDA REPRESENTATIVE
LAUREN MELO TO EXPRESS GRATITUDE FOR TAKING DECISIVE
ACTION IN DIRECTING THE OFFICE OF PROGRAM POLICY ANALYSIS
AND GOVERNMENT ACCOUNTABILITY ("OPPAGA") TO CONDUCT A
STUDY ON THE ISSUE OF ILLEGALLY MODIFIED EXHAUST SYSTEMS
AND AIR POLLUTION, AND WILLINGNESS TO WORK WITH THE
FLORIDA COURTS CLERKS AND COMPTROLLERS IN SIMPLIFYING
THE CALCULATION OF PENALTY PROVISIONS IN FLA. STAT. 318.18.;
AND FURTHER, DIRECTING THE CITY ATTORNEY'S OFFICE TO
INCLUDE IN THE LETTER A REQUEST FOR THE OPPAGA STUDY TO
INCLUDE EXAMINING THE POSSIBILITY OF ENACTING NOISE CAMERA
LEGISLATION TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO
UTILIZE NOISE CAMERA TECHNOLOGY FOR THE ISSUANCE OF
EXCESSIVE MUFFLER/EXHAUST NOISE CITATIONS.
ANALYSIS
Pursuant to the request of Commissioner Steven Meiner, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the September 14, 2022
Commission meeting.
The Resolution will be submitted via supplemental.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
Page 648 of 1700
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Steven Meiner
Page 649 of 1700
Cardillo, Lilia
From: Cardillo, Lilia
Sent: Wednesday, September 21, 2022 2:14 PM
To: Paz, Rafael; Gonzalez,Amada
Cc: Granado, Rafael
Subject: Resolution 2022-32307
Attachments: Resolution 2022-32307.pdf
See attached Resolution for City Attorney's Office to handle.
MIAMIBEACH
Lilia Cardillo,Agenda Coordinator
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411/Fax: 786-394-4139/www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,
historic community
1