Resolution 2022-32441 RESOLUTION NO. 2022-32441
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT
LEGISLATION EXPRESSLY AUTHORIZING COUNTIES AND
MUNICIPALITIES TO UTILIZE NOISE CAMERA TECHNOLOGY IN ORDER TO
ISSUE TRAFFIC CITATIONS FOR EXCESSIVE VEHICULAR MUFFLER AND
EXHAUST NOISE; AND FURTHER, DIRECTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER OF THE
FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE
FLORIDA SENATE.
WHEREAS, unreasonable and excessive vehicular noise creates a nuisance and
adversely affects the quality of life of residents and visitors.to the City of Miami Beach and the
State of Florida; and
WHEREAS, of particular concern are noise disturbances occurring in residential areas,
where such unreasonable and excessive noise deprives residents of the peaceful enjoyment of
their homes; and
WHEREAS, vehicular noise disturbances throughout the City of Miami Beach, particularly
noise emanating from vehicle muffler and exhaust systems, and the rewing of engines, continues
nearly unabated especially in heavily travelled corridors; and
WHEREAS, some jurisdictions, including Paris, France, London, England, and Singapore,
have established programs utilizing "noise cameras" to detect vehicles exceeding pre-defined
noise limits and contributing to noise pollution; and
WHEREAS, noise meter and camera device technology is triggered by sound, and can
be utilized with filters designed to pick-up on noisy vehicle muffler and exhaust sounds that exceed
pre-defined noise limits; 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, 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; and
WHEREAS, generally, Fla. Stat. § 316.007 prohibits any local authority from enacting or
enforcing any ordinance which is covered by the;provisions of Chapter 316, unless expressly
authorized; and
WHEREAS, more specifically, Fla. Stat. § 316.0076, entitled "Regulation and Use of
Cameras," prohibits counties and municipalities from utilizing noise camera technology to issue
excessive muffler/exhaust noise citations by expressly preempting the regulation of the use of
cameras for enforcement of Chapter 316 to the State; and
WHEREAS, legislation authorizing counties and municipalities to utilize noise camera
technology for the issuance of excessive muffler/exhaust noise citations would allow political
subdivisions of the State to address the ongoing issue of excessive and illegal vehicular muffler
and exhaust system noise more effectively and efficiently in their respective jurisdictions.
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 urge the Florida Legislature to enact legislation expressly authorizing counties and
municipalities to utilize noise camera technology in order to issue traffic citations for excessive
vehicular muffler and exhaust noise; and further, directing the City Clerk to transmit a copy of
this resolution to the Speaker of the Florida House of Representatives and the President of the
Florida Senate.
PASSED and ADOPTED this /I( day of December, 2022.
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ATTEST:
. _ Dan Gelber, Mayor
DEC 9 6 2022
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Rafael . Granado, City Clerk _ \Pc?.�....-I�III,,�
aii[ORP ORATED
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(Sponsored by Commissioner Alex J. Fernandez and j
Co-sponsored by Vice-Mayor Steven Meiner)
,
APPROVED AS TO
FORM&LANGUAGE-
&FOR EXECUTION
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City Attorney _ Dote
2
Resolutions -C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: December 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION EXPRESSLY AUTHORIZING COUNTIES AND
MUNICIPALITIES TO UTILIZE NOISE CAMERA TECHNOLOGY IN ORDER
TO ISSUE TRAFFIC CITATIONS FOR EXCESSIVE VEHICULAR
MUFFLER AND EXHAUST NOISE; AND FURTHER, DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER
OF THE FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT
OF THE FLORIDA SENATE.
ANALYSIS
Pursuant to the request of Commissioner Alex Fernandez, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the December 14, 2022
Commission meeting.
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 City Attorney
Sponsor
Commissioner Alex Fernandez
Page 544 of 952
ATTACHMENTS:
Description
o Resolution
Page 545 of 952