BIE - Noise Emitted from Vessels and Floating Structures (1/12/2024)M IAM I BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Alina T. Hudak, City Managf.P'
MEETING DATE: Jan uary 31, 2024
SUBJECT: BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152 THEREOF,
ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED," BY SPECIFYING
THAT CERTAIN NOISE REGULATIONS APPLY TO NOISE EMANATING FROM A VESSEL
OR FLOATING STRUCTURE, AND CLARIFYING THAT ENGINE OR EXHAUST NOISE
EMITTED FROM VESSELS MAY BE ENFORCED AS PROVIDED IN SECTION 7-26.1 OF THE
MIAMI-DADE COUNTY CODE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553. 73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Business Im pact Estimate
Page 2
If none of the above exceptions apply, this Business Impact Estimate is hereby provided in
accordance with Section 166.041(4), Florida Statutes.
1. The summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. The City of Miami Beach estimates that the proposed Ordinance will have no direct economic
impact on private, for-profit businesses in the City of Miami Beach, that the proposed Ordinance
will have no direct compliance costs that businesses may reasonably incur; that the proposed
Ordinance will not impose any new charge or fee for which businesses will be financially
responsible, and that the proposed Ordinance will not impact the City of Miami Beach's
regulatory costs and will not generate any revenue from new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the proposed
Ordinance.
14. Additional comments: None.
MIAMI BEACH
Rafael A. Paz, City Attorney
City o f Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachtl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner
Members of the City Commission
FROM: Rafael A. Paz, City Attorney ~
DATE: December 13, 2023
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE, ENTITLED
"ENVIROMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING
SECTION 46-152 THEREOF, ENTITLED "NOISES; UNNECESSARY AND
EXCESSIVE PROHIBITED," BY SPECIFYING THAT CERTAIN NOISE
REGULATIONS APPLY TO NOISE EMITTED FROM A VESSEL OR FLOATING
STRUCTURE AND CLARIFYING THAT ENGINE OR EXHAUST NOISE EMITTED
FROM VESSELS MAY BE ENFORCED AS PROVIDED IN SECTION 7-26.1 OF THE
MIAMI-DADE COUNTY CODE; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
T he pro posed O rdinance (th e "O rdin an ce"), spon sored by Com m issioner David Suarez, is submitted
fo r first reading at the Decem ber 13, 2023 City Commission meeting.
In the past few years, the City has seen a surge in recreational and commercial vessel activity on Miami
Beach w aters, as well as recreational and com m ercial activities conducted on, or with, floating
structures.
H ow ever, the City m ust ensure that vessel operators are not underm ining the health and quality of life
of other boaters or residents w hose homes border City waters. This has become an issue since there
has been an increasing num ber of boaters on City w aters who are playing m usic from their vessels at
unr easonably high volum es.
Section 46-152 of the City Code, along with section 21-28 of the M iami-Dade County Code, generally
prohibit unreasonably loud, excessive, unnecessary , or unusual noises by setting forth a non-
exhaustive list of specific acts that are declared to be unr easonably loud, excessive, unnece ssary , or
unusual noises and that, thus, violate the City and County Codes.
Just as M iam i-Dade County adopted such an O rdinance on O ct ober 3, 2023, the proposed Ordinance
w ould unequivocally clarify that the prohibition on unreasonably loud, excessive, unnecessary , or
unusual noise applies to noises (typically, music) emitted from a vessel or floating structure. If adopted,
the O rdinance w ould provide flexibility as enfo rcem ent could be effectuated pursuant to either the City
Code or the County Code. How ever, notw ithstanding the foregoing, engine or exhaust noise emitted
fr om vessels should continue to be enfo rced as pro vided in section 7-26.1 of the County Code,
RA P/ M A F/bhs
O R D IN A N C E N O . _
A N O R D IN A N C E O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F T H E
C IT Y O F M IA M I B E A C H , F L O R ID A , A M E N D IN G C H A P T E R 4 6 O F T H E
C IT Y C O D E , E N T IT L E D "E N V IR O M E N T ," B Y A M E N D IN G A R T IC L E IV ,
E N T ITL E D "N OI S E ," B Y A M E N D IN G S E C T IO N 4 6 -1 5 2 TH E R E O F,
E N T IT L E D "N O IS E S ; U N N E C E S S A R Y A N D E X C E S S IV E
P R O H IB IT E D ," B Y S P E C IF Y IN G T H A T C E R T A IN N O IS E
R E G U L A T IO N S A P P L Y T O N O IS E E M A N A T IN G F R O M A V E S S E L O R
F L O A T IN G S T R U C T U R E , A N D C LA R IF Y IN G T H A T E N G IN E O R
E X H A U S T N O IS E E M IT T E D F R O M V E S S E L S M A Y B E E N F O R C E D A S
P R O V ID E D IN S E C TI ON 7 -2 6 .1 O F T H E M IA M I-D A D E C O U N T Y C O D E ;
P R O V ID IN G F O R R E P E A L E R , S E V E R A B ILI T Y , C O D IF IC A T IO N , A N D
A N E F F E C T IV E D A T E.
W H E R E A S , residents and visitors enjoy operating boats, jet skis, and other vessels on
the City's waters; and
WHEREAS, in the past few years, the City has seen a surge in recreational and
commercial vessel activity on its waters, as well as recreational and commercial activities
conducted on or with floating structures; and
WHEREAS, while this increase in activity may lend some support to the economy, the City
must ensure that vessel operators are not undermining the health and quality of life of other
boaters or residents whose homes border City waters; and
WHEREAS, there has also been an increasing number of boaters on City waters who are
playing music from their boats at unreasonably high volumes; and
WHEREAS, section 46-152 of the City Code, along with section 21-28 of the Miami-Dade
County Code, generally prohibit unreasonably loud, excessive, unnecessary, or unusual noises;
and
WHEREAS, sections 46-152 and 21-28 also set forth a non-exhaustive list of specific acts
that are declared to be unreasonably loud, excessive, unnecessary, or unusual noises and that
thus violate the City and County Codes; and
WHEREAS, those prohibited acts include, among others, "[t]he using, operating, or
permitting to be played, used or operated any radio receiving set, television set, musical
instrument, phonograph, or other machine or device for the producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any
time with louder volume than is necessary for convenient hearing for the person or persons who
are in the room, vehicle or chamber in which such machine or device is operated and who are
voluntary listeners thereto"; and
WHEREAS, that prohibition, as set forth in the City and County Codes, further provides
that "[t]he operation of any such set, instrument, phonograph, machine or device between the
hours of 11 :00 p.m. and 7.00 a.m. in such manner as to be plainly audible at a distance of one
hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie
evidence of a violation of this section"; and
W H E R E A S , the Mayor and City Commission desire to specify that this prohibition can be
violated when noise is emitted not only from a "room, vehicle or chamber," but also from a vessel
or floating structure; and
WHEREAS, Fla. Stat. 327.60 governs the regulation of vessels and preempts local
govern ments from "[r]egulating engine or exhaust noise, except as provided in Fla. St at. 327.65",
and
WHEREAS, Fla. Stat. 327.65 allows counties to adopt an ordinance regulating engine and
exhaust noise of vessels under certain circumstances, and Miami-Dade County adopted such an
ordinance in Ordinance No. 89-30, as codified in section 7-26.1 of the County Code, which
prohibits the opera tion of vessels in such a manner as to exceed the sound level of 90 dBA at a
distance of 50 feet from the vessel; and
WHEREAS, the Mayor and City Commission wish to clarify that, although section 46-152
of the City Code, and section 21-28 of the County Code, may be applied to noise (typically, music)
emitted from vessels and floating structures, engine or exhaust noise emitted from vessels should
be enforced as provided in section 7-26.1 of the County Code and Fla. Stat. 327.65.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 46-152 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
CHAPTER 46
ENVIROMENT
k * *
ARTICLE IV. NOISE
* * *
Sec. 46-152. Noises; unnecessary and excessive prohibited.
It shall be unlawful for any person to make, continue or cause to be made or continued any
unr easonably loud, excessive, unnecessary or unusual noise. The following acts, among others,
are declared to be unreasonably loud, excessive, unnecessary or unusual noises in violation of
this section, but this enumeration shall not be deemed to be exclusive, namely:
(a) Horns, signaling devices, etc. The sounding of any horn or signaling device on any
automobile, motorcycle, bus or other vehicle on any street or public place of the city,
except as a danger warn ing; the creation by means of any such signaling device of any
unr easonably loud or harsh sound; and the sounding of any such device for any
unnecessary and unreasonable period of time.
(b) Radios, televisions, phonographs, etc. The using, operating, or permitting to be played,
used or operated any radio receiving set, television set, musical instrument,
phonograph, or other machine or device for the producing or reproducing of sound in
such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants,
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or at a ny tim e w ith lo ud e r vo lum e tha n is necessa ry fo r convenie nt he a ring fo r the
pe rso n or pe rso n s w ho are in or on the ro o m , ve h icle, vessel, flo a ting structure, or
ch am b er in w hich such m a ch ine or de vice is op e rated and w ho are vo lu nta ry listeners
th ere to. T he op e ra tion of any such se t, in strum ent, pho nogra ph , m a chin e or device
be tw e e n the hou rs of 11 :00 p.m . and 7:0 0 a.m . in such m a nne r as to be plain ly audible
at a dista nc e of 10 0 fe e t fr o m the build ing , structure , ve ssel, floating structure , or vehicle
in o r on w hic h it is lo ca te d sha ll be prim a faci e evidence of a viola tion of th is se ction.
(c) Animals, birds, etc. T he ow n ing , harbo ring, po sse ssing or kee ping of any dog , anim al
or b ird w hich ca u se s fr e q u ent, ha b itua l or long co ntin ued no ise w h ich is plainly audible
at a distan c e of 10 0 fee t fro m the build ing , structure or yard in w hich the dog , anim al or
bird is loca te d .
(d ) Whistles. T he blo w in g of an y lo com o tive w histle or w histle attache d to any stationary
bo iler ex ce p t to give no tice of the tim e to be gin or stop w ork or as a w a rn ing of fire or
dan g e r or up o n re q u est of the prope r m u n icipa l authority.
(e ) Exhausts. T he discharge in to the ope n air of the exhaust of any stea m e ngine, stationary
in te rn al co m b u stible en gin e, or m oto r ve h icl e exce pt thro ugh a m uff le r or other device
w h ich w ill eff ective ly pre ve nt un re aso n a bly loud or explosive noise s therefro m .
N o tw ith sta n d in g the fo reg o in g , eng ine or exhaust no ise fr om vessels m ay be enfo rced
as pro vided in se ction 7-2 6.1 of the M ia m i-D a d e C o unty C ode and se ction 327.6 5,
F lorid a S tatute s .
(f) Defect in vehicle or load. T he use of any auto m o b ile, m otorcycle, jet ski, w ater bike,
re c re a tion a l ve h icl e, dirt bike or m o to r veh icle so out of rep air, so load e d or in such
m ann e r as to cre a te un re a so na b ly loud or un necessa ry grating , grin ding, rattling or
oth e r nois e w ithin a re sid en tia l area .
(g ) Schools, courts, hospitals. T he creatio n of any excessive or unreasonab ly loud noise
o n a n y stre e t adjace nt to a ny scho o l, in stitution of learn ing , ho use of w o rship or court
w h ile the sa m e are in use, or adja ce nt to any ho sp ital, w hich un reaso nab ly interf eres
w ith th e w o rkin g of su ch in stitutio ns, or w hich disturbs or und uly an noys the pa tients in
th e ho sp ita l, provide d co n sp icuo us sig n s are disp layed in such streets ind icating that it
is a scho o l, ho sp ital or co u rt stree t.
(h ) Hawkers, peddlers. T he sh o uting and cry in g of pe ddlers, haw kers, and vend ors w hich
dis tu rb s the pe a ce an d qu iet of the neig h b o rho o d.
(i) Noises to attract attention. The use of an y drum , lo ud speaker or other in strum ent or
de vic e fo r the pu rp o se of att ractin g atte ntion by creation of any unre aso nab ly loud or
un n e c e ssa ry noise to an y pe rf orm a n ce , show , sale, display or ad vert isem ent of
m erchan d ise.
(j) Loudspeakers, etc. The use or ope ration on or up o n the pub lic streets, alleys and
th oro u g hfare s an yw here in this city fo r any purpo se of any de vice kno w n as a sound
tru ck , lou d s p e a ke r or so u n d am p lifie r or rad io or any othe r instrum ent of an y kind or
ch ara c te r w hic h em its therefr o m lo ud an d raucous noise s and is attached to and upon
a n y ve h icl e opera te d or sta nd in g up o n such streets or pub lic place s afo rem entioned. It
is pro v id ed , how e ve r, tha t this su b se ction is no t intend e d to be co n strue d in a m anner
tha t w o u ld inte rf e re w ith the le g itim a te use of the fo regoin g lo udspe a ke r type devices in
po litica l ca m p a ign s.
(k ) Power tools and landscaping equipment. T he ope ra tio n of noise-p ro d ucing law n
m o w e rs, la w n ed g ers, w e e d trim m e rs, blo w e rs, chip p e rs, chain sa w s, pow er tools and
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other noise-producing tools which are used to maintain or at a residence out-of-doors
between the hours of 8:00 p.m. and 8:00 a.m. on weekdays, and 8:00 p.m. and 10:00
a.m. on weekends and national holidays. The limitations on operation of noise-
producing power tools and landscaping equipment on weekends and national holidays
do not apply to single-family homes located in the RS-1, RS-2, RS-3 RS-4, RM -1, RM -
2, RM -P RD , RM -P RD -2, RO, RO-2, RO-3, and TH zoning districts.
(I) S h o u ting. Any unreasonably loud, boisterous or raucous shouting in any residential
area.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the day of , 2024.
ATTEST:
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions.
Strike th rough den otes deletions.
(Sponsored by Commissioner David Suarez) APPROVED AS TO
FOR M & LAN G UAG E
& FOR EXE C UTION a
c Ao?MJf Dote
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