LTC 265-2023 Quarterly Noise Report Q4-2022 (October - December 2022)MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive. Miami Beach, FL 33139, www.miomibeochfl.gov
OFFICE OF THE CITY MANAGER
NO. LTC # 265-2023 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Manag
DA TE: June 6, 2023
SUBJECT: Quarterly Noise Report 04-2022 (October -December 2022)
This Letter to the Mayor and City Commission (L TC) provides noise data and analysis on the Code
Compliance Department's (Code) enforcement efforts regarding the City's noise ordinance. The
analysis includes the quarterly report 04-2022 (October 1, 2022 -Decem ber 31, 2022). The data
presented in this L TC is submitted in accordance to the requirements established in the 2008 Noise
Administrative Guidelines, which were adopted via resolution and approved on January 7, 2008.
The information provided in this report is based on the data obtained from Energov, the database
utilized by Code to track all cases, including noise complaints. The repo rt includes the following
documentation:
•Attachment A: Detailed data table for all noise cases for 04-2022.
•Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to be
heard at Special Magistrate hearings for 04-2022.
I. Summary (Q4-2022)
During Q4-2022, there were a total of 706 noise cases opened and/or investigated by either Code or
Police. Of these, 84 cases were routed to or addressed by Police during periods that Code does not
operate, six (6) cases were deemed not applicable to Code and four (4) cases were entered in error.
When the above referenced 94 cases are discounted from the total number of noise investigations,
the result is 612 cases with a disposition. The disposition reflects several possible outcomes including
whether the noise complaint met or failed to meet the violation threshold.
Achieving compliance is a principal goal for the Code Compliance Department as it relates to the city's
noise ordinarce. Compliance is determined after assessment of the complaint by the Code
Compliance Officer (CCO) and it is established that the reported noise level is not excessive, unusual
and/or unnecessary.
This determination may be realized because the noise was lowered prior to the CCO's arrival, an
exemption was granted, the noise level was not loud nor excessive, the noise was not audible at 100
feet after 11 PM or the noise was lowered as a direct result of a violation or warning being issued.
During the rating period, compliance was achieved in 581 cases handled by Code, resulting in a
compliance rate of 94.9% including the 103 cases achieving compliance by the issuance of a notice
of violation or warning. The remaining 31 cases without compliance were a result of no access, bad
address information, unable to locate or canceled by the complainant prior to an officer's investigation.
L T C : 0 4 -2 0 2 2 N oi s e R e po rt (O ct o be r - De ce m be r 20 2 2)
Page 2 of 3
METHOD OF COMPLIANCE (Q4-2022)
(O ctob er - De cem ber 2022)
No Noise Upo n Music/Noise Not Warning/ After 11PM - Exemption Music/Noise Lowered
Loud nor Violation Not audible at Prior to Code's Arrival Excessive Issued* 100ft . Granted Arrival
231 150 103 71 17 9
As required by City of Miami Beach Ordinance, Section 46-158, first violation within a 12-month period is a warning.
This quarter continued the trend with loud music as the most common type of noise complaint (472
cases, 77 .1 % ) followed by construction noise (91 cases, 14.9% ). As it relates to the day of the week,
Sunday resulted in the highest incidents of noise complaints with 177 cases (28.9% ). Saturday
reflected the second highest incidents of noise complaints with 119 cases (19.4%).
The analysis for Q4-2022 indicates that of the total 612 cases addressed by Code, 388 (63.4%) were
identified to have taken place in residential properties, 149 (24.3%) were identified to have taken place
in commercially zoned properties, and 75 (12.3%) took place within the public right-of-way or on public
property. The chart below illustrates this information.
BREA KDOW N OF TOTAL CASES BY LOCATION TY PE
(O ct ob er - December 2022)
Number of Percentage of Cases
Cases Handled by Code
RESIDENTIAL 388 63.4 %
COMMERCIAL 149 24.3%
OTH ER 75 12.3 %
TOTAL 612 10 0%
Attachment A provides details regarding the location of the noise complaint or proactive assessment,
(e.g. apartment, bar, club, condominium, etc.), as well as noise type (e.g. loud music, construction,
noise, barking dog). The attachment also reflects noise cases by time of day and day of week.
Response time can be a crucial element in responding to noise complaints. The table below provides
the response time by establishment type for Q4-2022. Response time is described as the period
between the time the complaint is received by the Parking Department's Dispatcher and "arrival time"
to the location by a CCO.
AVERA GE TIME FOR CODE OFFICER TO AR RIVE (Q4-2022)
(Octob er - December 2022)
Establishment Type Number of Cases* Average Time for Code
Officer to Arrive (h:mm:ss)
Residential 340 0:26:36
Commercial 134 0:20:35
Other 65 0:11 :49
All Cases 539 0:23:19
Average Time Calculated using only those cases with valid time data for
both "Time Call Received by Dispatch" and "Time of Arrival by Code Officer"
L TC: 04-2022 Noise Report (October - December 2022)
Page 3of 3
II. Special Magistrate Appeal Hearings (4-2022)
As required by Chapter 162 of the Florida Statutes, and part of due-process, noise violations are
appealable before a Special Magistrate. Attachment B reflects the resolution and/or status of noise-
related ca ses appealed as of this reporting period.
D uring this reporting period there were 24 noise-related cases pending appeal befo re the S pecial
M agistrate.
SPECIAL MAGISTRA TE OUTCOME
(July - Septemb e r 2022)
Pending to be heard before the Special Magistrate 10
Closed I Nolle Prosequi 2
Appeal canceled, appeal fee never paid 2
Adjudicated Guilty 7
Agreed Order - with Fine 3
If you require furt her inform ation, please contact Hern an D . Cardena, C ode C om pliance Director at "7 ..M.'
Attachm ents
Attachment A: Noise Case Data, Q4-2022
Attachment B: Special Magistrate Case Result Summary, Q4-2022
F\CODEICCA_MANAGEMENTNOISENOISE\Q4-2022\04-2022 Noise Rep0r-5-25-23.d0cx
A TTA C H ME N T A
Noise Data 10/1/2022 - 12/31/2022 (Q4-2022)
Total Number of Noise Complaint Cases Opened/Calls
Less Voided, Duplicate
Complaints, Complaints Total with Total Cases Opened not Applicable to or Dispositions handled by Code
Compliance
706 94 612
Breakdown of Notices/ Warnings Issued
Verbal 2 1.9%
Written Warning 62 60.2%
Violation 39 37.9%
Totals 103 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 388 63.4%
Commercial 149 24.3%
Other 75 12.3%
Totals 612 100%
Residential = Apt, Condo, Single Family
Commercial = Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Construction
Other = Bandshell, Beach, Public Property, etc.
Totals
Establishment Type Number of Cases Percentage of All
Cases
APT 159 26.0%
BAR 12 2.0%
CLUBS 12 2.0%
CONDO 76 12.4%
CONDO-HOTEL 13 2.1%
HOME 153 25.0%
OTHER 75 12.3%
RESTAURANT 65 10.6%
RETAIL 0 0.0%
HOTEL 47 7.7%
UNKNOWN 0 0.0%
Totals 612 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 472 77.1%
LIVE ENTERTAINMENT 4 0.7%
BARKING DOG I ANIMALS 33 5.4%
CROWD NOISE 8 1.3%
CONSTRUCTION 91 14.9%
OTHER 0 0.0%
HONKING CARS/ALARMS 4 0.7%
Totals 612 100%
Day of Week Total 7a- 11p 11p-7a
of the followin mornin
88 14.4% 81 13.2% 7 1.1%
62 10.1% 45 7.4% 17 2.8%
39 6.4% 31 5.1% 8 1.3%
53 8.7% 39 6.4% 14 2.3%
Frida 74 12.1% 49 8.0% 25 4.1%
119 19.4% 49 8.0% 70 11.4%
177 28.9% 84 13.7% 93 15.2%
612 100% 7 6 .% 234 38.2%
C a ll T im e o f D a y - E sta b lis hm e n t T yp e
Establishment Type Total 7a-11p 11p-7a
(of the following morning)
RESIDENTIAL 38 8 63.40 % 236 38 .6% 152 24.8%
COMMERCIAL 149 24.35% 85 13.9% 64 10.5%
OTHER 75 12.25% 57 9.3% 18 2.9%
UNKNOW N 0 0.0% 0 0.0% 0 0.0%
Tota ls 612 100% 378 61.8% 234 38.2%
B re a kd o w n o f C a lls w ith Id e n tifi e d C o m p la in a n ts and w ith A no nym o us C o m p la in a nts
Complainant Tvpe Total Cases Notice/ Wam ina Iss ued No Notice Or Warnlna Issued
Contact Inform ation Provided 584 95.4% 85 13.9% 499 81.5%
Proactive 28 4.6% 20 3.3% 8 1.3%
Unknown 0 0.0% 0 0.0% 0 0.0%
Tota ls 612 100% 105 17.2% 507 82.8%
ATTACHMENT B
Information on Disposition of Cases by Special Magistrate and by Judicial (04-2022)
D ate o f R eq u e s t S p e ci al Master Cod e Case Ad dres s Name Status Vi o la ti o n F il ed C ase N u m b er N u m be r
12/03/2019 12/10 /20 19 S MN 20 19-00 09.3 N C 2 0 19-130 34 1628 COLLINS AVE 9 BEA CH LA TIN AMERICAN SM 10/06/2022 - Petitioner not
LLC present. Adjudication of
noncompliance. First Offense with
$250 fine to be paid by 11/3/22.
11/29/2020 12/09/2020 SM N2020-00105 NC2020-17208 1000 COLLINS AVE MLB FAIRWINDS LLC C/0 SM 10/06/2022 - Petitioner not
THE BERNSTEIN LAW FIRM present. Adjudication of
noncompliance. First Offense with
$250 fine to be paid by 11/7/22.
04/03/2021 04/08/2021 SMN2021-00114 NC2021-19462 1255 WEST AVE BIKINI HOSTEL, INC C/0 SM 10/06/2022 - Appeal Denied.
MUSKA T, PHILLIP Adjudication of noncompliance. First
Offense with $250 fine to be paid by
11/3/22.
05/29/2021 06/04/2021 $MN2021-00113 NC2021-20407 601 WASHINGTON Washington Squared Owner Agreed Order between the City and
AVE LLC dba The Goodtime Hotel Petitioner was filed on 8/18/22. Fine
c/o Corporation Service of $6,350 to be paid within 60 days
Company for cases SMA2 021-02654, 02682,
02862 and SMN2021-00118, 00125,
00145.
06/05/2021 06/10/2021 SMN 2021-00120 NC2021-20507 601 WASHINGTON Washington Squared Owner SM 12/05/2022 - Hearing cancelled.
AVE LLC dba The Goodtime Hotel Nolle Prosequi per the City
c/o Corporation Service Attorney's Office.
Company
06/04/2021 06/10/2021 SMN2021-00121 NC2021-20477 601 WASHINGTON Washington Squared Owner SM 12/05/2022 - Hearing cancelled.
AVE LLC dba The Goodtime Hotel Nolle Prosequi per the City
c/o Corporation Service Attorney's Office.
Company
06/26/2021 07/02/2021 $MN2021-00125 NC2021-20769 601 WASHINGTON Washington Squared Owner Agreed Order between the City and
AVE LLC dba The Goodtime Hotel Petitioner was filed on 8/18/22. Fine
c/o Corporation Service of S6.350 to be paid within 60 days
Company for cases SMA2 021-02654, 02682,
02862 and SM N2021-00118, 00125,
00145.
08/27/2021 08/31/2021 SMN 2021-00133 NC2021-21170 1906 COLLINS AVE 1906 Collins LLC d/b/a Vita SM 11/03/2022 - Agreed Order
Baoli C/0 Mitchell Seth presented. Adjudicated Guilty with
Polansky, P.A. fine reduced to $300 to be paid by
01/05/2023.
10/01/2021 10/07/2021 SMN2 021-00 141 NC2021-21390 1720 Collins Ave CATALINA HOTEL, LLC c/o SM 01/17/2023
ENTIN, JOSHUA M, Eso.
11/07/2021 10/08/2021 SMN2021-00 142 NC2021-21384 1000 Collins Ave MLB FAIRWINDS LLC C/0 SM 10/06/2022 - Petitioner not
THE BERNSTEIN LAW FIRM present. Adjudicated of
noncompliance for 3rd Offense with
a fine of $2,000 to be paid by
11/07/2022.
10/14/2021 10/18/2021 SMN2021-0014 NC2021-21485 1111 Lincoln Road 1111LINCOL N, LLC C/0 C T SM 10/06/2022 - Appeal Denied.
CORPORATION SYSTEM Adjudication of noncompliance. First
Off ense with $250 fine to be paid by
11/3/22.
10/16/2021 10/18/2021 SMN2021-00145 NC2021-21499 601 WASH INGTON Washington Squared Ow ner Agreed Order between the City and
AVE LLC dba The Goodtime Hotel Petitioner was filed on 8/18/22. Fine
c/o Corporation Service of $6,350 to be paid within 60 days
Company for cases SMA2 021-02654, 02682.
02862 and SMN2021-00118, 00125,
00145.
10/15/2021 11/01/2021 SMN2021-00146 NC2021-21493 2000 Convention Center MIAMI BEACH GARDEN SM 11/03/2022 - Petitioner not
Dr CONSERVANCY, INC. c/o present. Adjudicated of
Shapiro, Arlene Sandy noncompliance for 1st Off ense with
a fine of $250 to be paid by
12/05/2022.
06/09/2022 06/21/2022 $MN2022-00165 NC2022-23957 918 OCEAN DR REGAN HOSPITALITY LLC SM 01/17/2023
OBA THE LOCUST C/0
REGAN, CHRISTOPHER
10/01/2021 10/11/2021 $MN2022-00168 NC2021-21393 1720 COLLINS AVE CATALINA HOTEL, LLC c/o SM 01/17/2023
ENTIN, JOSH UA M, Esa.
01/08/2022 08/31/2022 SMN 2022-00169 NC2022-22486 1500 BAY RD Unit:246S Roberto Lajoie SM 12/12/2022 - Appeal fee not paid
as 0f 12/7/2022. Appeal cancelled.
04/30/2022 08/31/2022 SMN2022-00170 NC2022-23685 1500 BAY RD Unit:246S Roberto Lajoie SM 12/12/2022 - Appeal fee not paid
as 0f 12/7 /2022. Appeal cancelled.
09/07/2022 09/08/2022 SMN2022-00171 NC2022-24473 106 2 RIVO AL TO TER JACOB RESNICOW SM 01/17/2023
09/03/2022 09/28/2022 SMN2022-00172 NC2022-24453 1532 WASHINGTON AV EXCHANGE MIAMI LLC C/0 SM 06/06/2023
DOBBS, SHAKI
Date of Request Spec ial Master Code Case Ad dress Name Status
Violation Filed Case Number Number
09/03/2022 09/15/2022 SMN2 022-00 173 NC2022-2445 5 1532 WASHINGTON AV EX CHAN GE MIAMI LLC CIO SM 06 /06/2023
DOBBS, SHAK I
09/10/2022 09/15/2022 SMN2022-00 174 NC2022 -24486 1532 WASHINGTON AV EX CHAN GE MIAMI LLC C O SM 06 /06 /2023
DO BBS , SHAK I
10/10/2022 10/18/2022 SMN2022-00 175 NC2022-246 79 200 W W RIVO AL TO RESTATE SM 01/17/2023
DR CONS TRUCTIONS LLC C/O
CORNA Li MA TT EO
07/28/2022 10/25/2022 SMN2022-00 176 NC2022-24254 106 2 RIVO AL TOTER JACOB RE SNICOW SM 01/17/2023
12/0912022 12/15/2022 SMN2 022-00 177 NC2022-25115 1100 W EST AVE 1100 WEST INVESTMENTS, SM 05/04/2023
LLC C/O JAMES RA UGH