Resolution 2022-32374 RESOLUTION NO. 2022-32374
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SUPPORTING THE EFFORTS OF THE MIAMI
BEACH POLICE DEPARTMENT TO ENFORCE UNREASONABLY LOUD
AND EXCESSIVE NOISE EMANATING FROM MECHANICAL OR
ELECTRONIC SOUND-MAKING DEVICES IN MOTOR VEHICLES
PURSUANT TO THE NEWLY-REVISED FLORIDA STATUTE 316.3045; AND
FURTHER, REQUESTING THAT THE POLICE DEPARTMENT CONSIDER
CREATING AND IMPLEMENTING A PLAN TO ADDRESS, BY WAY OF
PROACTIVE ENFORCEMENT, ILLEGAL AND EXCESSIVE VEHICULAR
MUFFLER AND EXHAUST NOISE.
WHEREAS, approximately ten(10)years after the Florida Supreme Court struck down Fla. Stat.
316.3045 for unconstitutional content-based restrictions, the Florida Legislature passed HB 1435 which
amended Florida Statute 316.3045 with regard to the operation of sound-making devices in motor
vehicles; and
WHEREAS, for the past ten (10) years the Miami Beach Police Department has retained the
ability to enforce excessive sound (produced by sound-making devices)emanating from motor vehicles
pursuant to Miami-Dade County Ordinance 21-28 and City Code Section 46-152; and
WHEREAS, the newly revised Fla. Stat. 316.3045 will further aid MBPD's enforcement efforts
with regard to sound emanating from sound-making devices in motor vehicles in two (2) primary ways:
1. County Ordinance 21-28 authorizes an arrest for violation, and City Code Section 46-
152 is merely a City-issued fine; however, Fla. Stat. 316.3045 provides the Police
Department with an intermediary option between arrest and a City-issued fine, in that
violations of Fla. Stat. 316.3045 are punishable as noncriminal traffic infractions(wherein
a Uniform Traffic Citation may be issued to the violator);
2. Fla. Stat. 316.3045 provides that if the sound produced by a sound-making device
emanating from a motor vehicle is plainly audible at just twenty-five (25) feet or more
from the motor vehicle, then that is a violation of the law; and
WHEREAS, Fla. Stat. 316.3045 is of great importance with regard to the enforcement of noise
from sound-making devices in motor vehicles; however, it does not address excessive vehicular muffler
and exhaust noise; and
WHEREAS, the City continues to have issues with vehicle noise disturbances due to vehicular
mufflers and exhaust systems which noise adversely affects residents' quality of life; and
WHEREAS, the Florida Statutes, in particular Fla. Stat.316.272 and Fla. Stat. 316.293, provide
the mechanism and authority for the enforcement of excessive noise created by vehicle mufflers and
exhaust systems; and
WHEREAS, by periodically deploying Police Department personnel and resources specifically
to enforce excessive vehicular muffler and exhaust system noise (similar to what Collier County has
recently done), the Police Department can help remediate this ongoing issue and convey the message
that such noises will not be tolerated in the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby support the efforts of the Miami Beach Police
Department to enforce unreasonably loud and excessive noise emanating from mechanical or electronic
sound-making devices in motor vehicles pursuant to the newly-revised Florida Statute 316.3045, and
further, request that the Police Department consider creating and implementing a plan to address, by
way of proactive enforcement, illegal and excessive vehicular muffler and exhaust noise.
PASSED AND ADOPTED this 620 day of 0464' , 2022.
ATTEST:
Dan Gelber, Mayor
OCT 2 7 2022
Rafael . Granado, City Clerk , ;?
iCORP GRATED'
,. :<^s
(Sponsored by Commissioner Steven Meiner)
APPROVED AS TO
FORM.&LANGUAGE,
&FOR EXECUTION
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City AttorneyA4 j Date
Resolutions -C7 AE
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attomey
DATE: October 26, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SUPPORTING THE. EFFORTS OF THE
MIAMI BEACH POLICE DEPARTMENT TO ENFORCE UNREASONABLY
LOUD AND EXCESSIVE NOISE EMANATING FROM MECHANICAL OR
ELECTRONIC SOUND-MAKING DEVICES IN MOTOR VEHICLES
PURSUANT TO THE NEWLY-REVISED FLORIDA STATUTE 316.3045; AND
FURTHER, REQUESTING THAT THE POLICE DEPARTMENT CONSIDER
CREATING AND IMPLEMENTING A PLAN TO ADDRESS, BY WAY OF
PROACTIVE ENFORCEMENT, ILLEGAL AND EXCESSIVE VEHICULAR
MUFFLER AND EXHAUST NOISE
ANALYSIS
Pursuant to the request of Commissioner Steven Meiner, the attached. Resolution is being
submitted for consideration by the Mayor and City Commission.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the CityAttomey/Police
Sponsor
Commissioner Steven Meiner
Page 585 of 1166
ATTACHMENTS:
Description
o Resolution
Page 586 of 1166