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BIE - Noise Exemption for Golf Courses (2/9/2024)MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: Mayor Steven Meiner and Members of the City Commission [ Alina T. Hudak, City Manager ~ ~ jf!Y MEETING DATE: February 21, 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, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED." TO CORRECT A SCRIVENER'S ERROR AND TO PROVIDE AN EXEMPTION ALLOWING GOLF COURSES TO CONDUCT MAINTENANCE AT A TIME CERTAIN PRIOR TO 8:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? 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 Impact 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. A 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 MALA#IBEACH Rafael A. Paz, City Attorney City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florido 33139, www.miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Steven Meiner and Members of the City Commission Alina T. Hudak, City Manager FROM: DATE: SUBJECT: Rafael A. Paz, City Attorney rYif February 21, 2024 SECOND READING 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, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED," TO CORRECT A SCRIVENER'S ERROR AND TO PROVIDE AN EXEMPTION ALLOWING GOLF COURSES TO CONDUCT MAINTENANCE AT A TIME CERTAIN PRIOR TO 8:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. The attached Ordinance was prepared at the request of Vice-Mayor Kristen Rosen Gonzalez for consideration at the February 21, 2024 City Commission meeting. The Mayor and City Commission approved the Ordinance on first reading at January 31, 2024 City Commission meeting. Currently, Section 46-152 of the City Code prohibits the operation of power tools and landscaping equipment 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. Golf courses are unique recreational and sporting facilities that require meticulous maintenance to ensure the optimal playing conditions for golf enthusiasts. Allowing golf courses an exemption from the specified time restrictions acknowledges the specialized nature of their maintenance needs and ensures that they can conduct necessary tasks, such as mowing, edging, and other equipment operation. Between first and second reading, the Mayor and City Commission amended the starting time from 6:00 a.m. to 5:30 a.m. The exemption proposed in this Ordinance aims to strike a balance between community noise considerations and the essential upkeep of golf courses, facilitating their role in providing a well- maintained and enjoyable environment for both players and the community. If this ordinance is adopted, Commissioner Rosen Gonzalez has requested that the Administration report back to the City Commission within six (6) months with information as to any complaints or other issues arising out of this limited exception for the golf courses, to allow the City Commission to determine whether the proposed accommodation should continue. RAP/FA/ag ORDINANCE NO. _ 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, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED," TO CORRECT A SCRIVENER'S ERROR AND TO PROVIDE AN EXEMPTION ALLOWING GOLF COURSES TO CONDUCT MAINTENANCE AT A TIME CERTAIN PRIOR TO 8:00 A.M.; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, currently, Section 46-152 of the City Code prohibits the operation of power tools and landscaping equipment 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; and WHEREAS, golf courses are unique recreational and sporting facilities that require meticulous maintenance to ensure the optimal playing conditions for golf enthusiasts; and WHEREAS, allowing golf courses an exemption from the specified time restrictions acknowledges the specialized nature of their maintenance needs and ensures that they can conduct necessary tasks, such as mowing, edging, and other equipment operation, starting at 5:300 a.m; and WHEREAS, the exemption proposed in this Ordinance aims to strike a balance between community noise considerations and the essential upkeep of golf courses, facilitating their role in providing a well-maintained and enjoyable environment for both players and the community. NOW, THEREFORE, BE IT 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 Code of the City of Miami Beach, Florida, is hereby amended as follows: CHAPTER 46 ENVIRONMENT i i * 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 unreasonably 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: # * kl (k) Power tools and landscaping equipment. The operation of noise-producing lawn mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise-producing equipment and 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 restrictions on the operation of noise-producing equipment and tools at golf courses shall apply between the hours of 8:00 p.m. and 5:30 a.m. on weekdays, 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-PRD, RM-PRD-2, RO, RO-2, RO-3, and TH zoning districts. * * * 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 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 DA TE. This Ordinance shall take effect on the day of2024. PASSED AND ADOPTED this day of2024. ATTEST: Steven Meiner, Mayor Rafael E. Granado, City Clerk Underline denotes additions Strikethrough denotes deletions (Sponsored by Commissioner Kristen Rosen Gonzalez) 2 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney ~ 2-7-$ Date