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