LTC 516-2023 Sunday Musical Performances at South Pointe Park (Revised )MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. L TC# 516-2023 LETTER TO COMMISSION
TO:
FROM:
Honorable Mayor Dan Gelb��mbers of the City Commission
Alina T. Hudak, City Mana�-1 \
DATE: November 17, 2023
SUBJECT: Sunday Musical Performances at South Pointe Park
South Pointe Park, renowned for its geographical location, amenities, and natural beauty,
has drawn groups interested in organizing special events, performances, or sizable
gatherings.
In 2010, following extensive discussions at Commission and Committee meetings with the
Administration and residents regarding the use and operational guidelines for South
Pointe Park, Resolutions No. 2010-27375 and No. 2010-27456 were approved. These
Resolutions implemented limitations on special events at South Pointe Park, permitting
only those endorsed by the city, and instituted a ban on live entertainment with or without
amplification.
Amid the COVID-19 pandemic, these outdoor activities took on a new significance, with
the Administration displaying flexibility toward outdoor social gatherings. However, as
conditions have returned to normal, City enforcement staff has diligently monitored the
park to curtail such activities. These efforts align with various City Code provisions and
resolutions established by the Mayor and City Commission.
As part of the enforcement initiatives, an incident occurred at South Pointe Park,
prompting a reevaluation of the constitutionality of specific prohibitions on performances.
The Police, Parks & Recreation, and Code Compliance Departments collaborated closely
with the City Attorney's Office to verify the enforceability of all existing City Code provisions
and relevant resolutions. The City Attorney's Office affirmed that applicable laws were
constitutionally enforceable.
During this assessment period, musical performances including drum performances,
occurred without enforcement on Sunday afternoons and evenings at South Pointe Park.
Subsequently, neighboring residents inundated the Administration with complaints,
expressing that their quality of life was negatively impacted by the noise levels generated
from these musical performances.
At the April 18, 2023, Public Safety and Neighborhood Quality of Life Committee meeting,
committee members discussed the musical performances at the park. The Committee
recommended the Administration to work with both the neighbors and the performers. The
Administration communicated with representatives from both groups in hopes of finding a
happy medium that would allow performances to take place while eliminating or
significantly minimizing the impact on neighbors. The Commission passed and adopted
Resolution 2023-32496 authorizing a street performer's pilot program to take place at
Soundscape Park, which the performers declined to utilize.
In an ongoing spirit of collaboration, the City Administration has pinpointed an alternative
venue where musical performances can legally occur, ensuring minimal disturbance to
nearby residents. On Sunday, November 12, 2023, Park Rangers informed musicians at
South Pointe Park that performances would no longer be permitted there starting Sunday,
November 19, 2023.
The City has designated the 10th Street beachfront area as a suitable alternate
location for musical performances. Park Rangers clarified that the 10th Street
beachfront area encompasses the space between the dunes and the shoreline.
Additionally, any performances in this designated area must adhere to the regular beach
open hours, comply with all relevant rules and regulations, and should not occur
while lifeguards are actively patrolling the beach.
Rangers also reminded those individuals that the performances taking place at South
Pointe Park are in violation of Section 12-5 of the City Code, Section 46-152 of the City
Code, as well as Resolution No. 2010-27375 and Resolution No. 2010-27 456 of the Mayor
and City Commission.
Section 12-5 of the City Code, titled "Special events permits", states:
"It shall be unlawful to engage in special events without a special events
permit."
Section 46-152 of the City Code states:
"It shall be unlawful for any person to make, continue or cause to be made
or continued, any unreasonable loud, excessive, unnecessary or unusual
noise."
The section goes on to denote:
"The use of any drum, loudspeaker or other instrument or device for the
purpose of attracting attention by creation of any unreasonably loud or
unnecessary noise to any performance, show, sale, display or
advertisement of merchandise" is not allowed.
Resolution No. 2010-27375, adopted the following operational guidelines for South
Pointe Park:
•Only events produced or sponsored by the city are allowed in this park.•Otherwise, no amplified sound or live entertainment is permitted.
This resolution does not authorize non-city produced special events.
Resolution No. 2010-27456, a resolution adopting basic operational guidelines for
the use of the west lawn/field in South Pointe Park, states:
(1) "There will be no rentals of any field in the Park ... "
(6) "Live entertainment or amplified sound is not permitted."
Shau
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have additional questions, please contact Mark Taxis.
JI<, A TH/MT/JR