LTC 366-2023 Quarterly Noise Report Q1-2023 (January - March 2023)M IAM I BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
NO. LTC# LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Manager~ ~ -J'o<
DATE: August 17, 2023
SUBJECT: Quarterly Noise Report Q1-2023 (January - March 2023)
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 Q1-2023 (January 1, 2023 - March 31, 2023). 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 report includes the following
documentation:
• Attachment A: Detailed data table for all noise cases for Q1-2023.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to be
heard at Special Magistrate hearings for Q1-2023.
I. Summary (Q1-2023)
During Q1-2023, there were a total of 762 noise cases opened and/or investigated by either Code or
Police. Of these, 65 cases were routed to or addressed by Police during periods that Code does not
operate, 16 cases were deemed not applicable to Code and 12 cases were entered in error.
When the above referenced 93 cases are discounted from the total number of noise investigations,
the result is 669 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 ordinance. 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 11PM or the noise was lowered as a direct result of a violation or warning being issued.
During the rating period, compliance was achieved in 620 cases handled by Code, resulting in a
compliance rate of 92.7% including the 114 cases achieving compliance by the issuance of a notice
of violation or warning. The remaining 49 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.
366-2023
L T C : 0 1 -2 0 2 3 N ois e R e po rt (J a n u a ry -M a rc h 2 0 2 3)
P a g e 2 o f 3
METHOD OF COMPLIANCE (Q1-2023)
(January - March 2023)
No Noise Upon 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
255 163 114 71 11 6
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 (508
cases, 75.9%) followed by construction noise (108 cases, 16.1%). As it relates to the day of the week,
Saturday resulted in the highest incidents of noise complaints with 196 cases (29.3% ). Friday reflected
the second highest incidents of noise complaints with 106 cases ( 15.8% ).
The analysis for Q1-2023 indicates that of the total 669 cases addressed by Code, 388 (58%) were
identified to have taken place in residential properties, 17 4 (26%) were identified to have taken place
in commercially zoned properties, and 107 ( 16%) took place within the public right-of-way or on public
property. The chart below illustrates this information.
BREAKDOWN OF TOTAL CASES BY LOCATION TYPE
(January - March 2023)
Number of Percentage of Cases
Cases Handled by Code
RESIDENTIAL 388 58%
COMMERCIAL 174 26%
OTHER 107 16 %
TOTAL 669 100 %
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 Q1-2023. 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.
AVERAGE TIME FOR CODE OFFICER TO ARRIVE (Q1-2023)
(January - March 2023)
Establishment Type Number of Cases" Average Time for Code
Officer to Arrive (h:mm:ss)
Residential 356 0:24:33
Commercial 166 0:19:50
Other 92 0:11 :59
All Cases 614 0:21:23
*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 T C : 0 1 -2 0 2 3 N oi s e R e p o rt (J a n u a ry -M a r c h 2 0 2 3)
P a g e 3 o f 3
II. Special Magistrate Appeal Hearings (Q1-2023)
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 cases appealed as of this reporting period.
During this reporting period there were 15 noise-related cases pending appeal before the Special
Magistrate.
SPECIAL MAGISTRATE OUTCOME
(January - March 2023)
Pending to be heard before the Special Magistrate 8
Adjudicated of Non-Compliance 5
Appeal withdrawn 1
Dismissed 1
If you require further information, please contact Hernan D. Cardena, Code Compliance Director at
R ..$Ee.ca
Attachments
Attachment A: Noise Case Data, Q1-2023
Attachment B: Special Magistrate Case Result Summary, Q1-2023
F:\CODEICCA_MANAGEMENT\NOISE\Q1-2023\Q1-2023 Noise Report - Final.docx
A T TA C H MEN T A
Noise Data 01/01/2023 - 03/31/2023 (Q1-2023)
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
762 93 669
Breakdown of Notices/ Warnings Issued
V e rba l 0 0.0 %
W ritt en W arn ing 75 65.8%
V io la tio n 39 34.2%
Totals 114 100¾
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
R e side ntia l 388 58.0%
C o m m e rcia l 17 4 26.0%
O the r 10 7 16 .0%
Totals 669 100%
- 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
A P T 18 9 28.3%
B A R 18 2.7%
C L U B S 22 3.3%
C O N D O 82 12 .3%
C O N D O -H O T E L 15 2.2%
H O M E 117 17 .5%
O T H E R 10 7 16 .0%
R E S T A U RA N T 74 11.1%
R E T A IL 2 0.3%
H O T E L 43 6.4%
U N K N O W N 0 0.0%
Totals 669 100%
Noise Cases by Noise Type
Noise Type Totals
LO U D M U S IC 508 75.9%
LI V E EN T E R T A IN M E N T 1 0.1%
B A R K IN G D O G / A N IM A L S 49 7.3%
C R O W D N O IS E 3 0.4 %
C O N S TR U C T IO N 10 8 16 .1%
O TH E R 0 0.0%
H O N K IN G C A R S /A LA R M S 0 0.0%
Totals 669 100%
Call Time of Day/ Day of Week
Day of Week Total 7a-11p 11p-7a
(of the followina mornina)
M o n d a y 61 9.1% 50 7.5% 11 1.6%
T u e sda y 60 9.0% 48 7.2% 12 1.8%
W ed ne sda y 72 10 .8% 49 7.3% 23 3.4 %
T h u rsdav 87 13 .0% 53 7.9% 34 5.1%
Frid a y 10 6 15 .8% 62 9.3% 44 6.6%
S a turd a y 19 6 29.3% 104 15.5% 92 13.8%
S u nd a y 87 13 .0% 64 9.6% 23 3.4 %
Totals 669 100% 430 64.3% 239 35.7%
E s ta b li s h m e n t T y p e T o ta l 7 a -1 1 p 11 p -7 a
o f th e fo ll o w in mornin
R E S ID E N T IA L 388 58.00% 250 37.4% 138 20.6%
C O M M E R C IA L 17 4 26.01% 101 15.1% 73 10.9%
O TH E R 10 7 15 .99% 79 11.8% 28 4.2%
U N K N O W N 0 0.0% 0.0% 0.0%
Totals 669 100% 430 64.3% 239 35.7%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice I Warnina Issued No Notice Or Warnina Issued
C o ntact In fo rm a tio n P rovid e d 65 2 97.5% 100 14.9% 552 82.5%
P roa ctive 17 2.5% 14 2.1% 3 0.4 %
U n kn o w n 0 0.0% 0 0.0% 0 0.0%
Totals 669 100% 114 17.0% 555 83.0%
A T TA C H ME N T B
Information on Disposition of Cases by Special Magistrate and by Judicial (01-2023)
Date of Request Special Master Code Case Address Name Status Violation Filed Case Number Number
10/01/2021 10/07/2021 SMN2021-00141 NC2021-21390 1720 Collins Ave CATALINA HOTEL, LLC c/o SM 01/17/2023 - Per attorney,
ENTIN, JOSHUA M, Esq. appeal withdrawn. Fine of $1,500
due.
06/09/2022 06/21/2022 SMN2022-00165 NC2022-23957 918 OCEAN DR REGAN HOSPITALITY LLC SM 01/17/2023 - No show at
OBA THE LOCUST C/O hearing. Appeal denied. $3,000 fine
REGAN. CHRISTOPHER i oaid in full.
10/01/2021 10/11/2021 SMN2022-00168 NC2021-21393 1720 COLLINS AVE CATALINA HOTEL, LLC c/o SM 01/17/2023 - Per attorney,
ENTIN, JOSHUA M, Esq. appeal withdrawn. $3,000 fine paid
in full.
09/07/2022 09/08/2022 SMN2022-00171 NC2022-24473 106 2 RIVO AL TOTER JACOB RESNICOW SM 04/20/2023
09/03/2022 09/28/2022 SMN2022-00172 NC2022-24453 1532 WASHINGTON AV EXCHANGE MIAMI LLC C/O SM 09/07/2023
DOBBS, SHAKI
09/03/2022 09/15/2022 SMN2022-00173 NC2022-24455 1532 WASHINGTON AV EXCHANGE MIAMI LLC C/O SM 09/07/2023
DOBBS, SHAKI
09/10/2022 09/15/2022 SMN2022-0017 4 NC2022-24486 1532 WASHINGTON AV EXCHANGE MIAMI LLC C/O SM 09/07/2023
DOBBS, SHAKI
10/10/2022 10/18/2022 SMN2022-00175 NC2022-24679 200 W W RIVO AL TO RESTATE SM 03/02/2023 - Appeal granted,
DR CONSTRUCTIONS LLC C/O Case Dismissed.
CORNALI, MATTEO
07/28/2022 10/25/2022 SMN2022-00176 NC2022-24254 106 2 RIVO AL TOTER JACOB RESNICOW SM 03/02/2023 - Adjudicated of First
Offense. Fine of $50 paid in full.
12/09/2022 12/15/2022 SMN2022-00177 NC2022-25115 1100 WEST AVE 1100 WEST INVESTMENTS. SM 05/04/2023
LLC C/O JAMES RAUGH
01/21/2023 01/27/2023 SMN2023-00179 NC2023-254 7 4 732 N N LINCOLN LN COCKTAILS AT THE SM 03/23/2023 - Adjudicated of
LINCOLN EATERY, LLC C/O Noncompliance. Third Offense fine
JOEY CANCEL of $3,000 to be paid by April 24,
2023.
02/05/2023 02/08/2023 SMN2023-00180 NC2023-25605 1555 DAYTONIA RD ALBERT BENAMRAN SM 06/06/2023
02/04/2023 02/10/2023 SMN2023-00181 NC2023-25600 723 N N LINCOLN LN COCKTAILS AT THE SM 03/23/2023 - Adjudicated of
LINCOLN EATERY, LLC RIA Noncompliance. Fourth Offense fine
FITZGERALD, SCOTT, OBA of $4,000 to be paid by April 24,
SKY BAR 2023.
03/20/2023 03/30/2023 SMN2023-00182 NC2023-25943 3500 COLLINS AVE 3500 HOTEL, LLC OBA SM 06/06/2023
CLARIDGE HOTEL C/O
RANDAL J. RICKMANN
03/26/2023 03/31/2023 SMN2023-00183 NC2023-26007 1628 COLLINS AVE 9BEACH LATIN AMERICAN SM 08/14/2023
LLC OBA 9BEACH LA TIN
RESTAURANT C/O
OPPENHEIM, BENJAMIN
MARCELO