LTC 176-2024 Combined Noise Report Quarterly Noise Report Q2-2023 & Annual Noise Report 2022-2023MIAMI BEACH
OFFICE OF THE CITY MANAGER
LTC# LETTER TO COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor Steven Meiner and Members of the City Commission
Rickelle Williams, Interim City Manager 1/0
May 7, 2024
Combined Noise Report:
Quarterly Noise Report Q2-2023 (April - June 2023
Annual Noise Report 2022 - 2023 (July 2022 - June 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 Q2-2023 (April 1, 2023 - June 30, 2023) and the annual
noise report which reflects data from July 1, 2022 through June 30, 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 October 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 Q2-2023. (Note: Anonymous
complaint data is no longer reflected since Florida Senate Bill 60 passed
prohibiting code officers from initiating investigations or enforcement
proceedings of potential violations of code and ordinances by way of
anonymous complaints.)
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to
be heard at Special Magistrate hearings for Q2-2023.
• Attachment C: Detailed data table for all noise cases for the period from July 1, 2022 -
June 30, 2023.
I. Summary (Q2-2023)
During Q2-2023, there were a total of 560 noise cases opened and/or investigated by either Code
or Police. Of these, 56 cases were routed to or addressed by Police during periods that Code does
not operate, four cases were entered in error, and eight cases were deemed not applicable to
Code.
When the above referenced 68 cases are discounted from the total number of noise investigations,
the result is 492 cases with a disposition. The disposition reflects several possible outcomes
including whether the noise complaint met or failed to meet the violation threshold.
176-2024
L TC: 02-2023 Noise Report (April - June 2023) and Annual Noise Report (July 2022 - June 2023)
Page 2 of 4
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 463 of the 492 cases handled by
Code, resulting in a compliance rate of 94.1% including the 41 cases achieving compliance by
the issuance of a notice of violation or warning. The remaining 29 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.
METHOD OF COMPLIANCE (Q2-2023)
(April - June 2023)
No Noise Music/Noise Warning/ After 11PM- Exemption Music/Noise lowered
Upon Not Loud nor Violation Not audible prior to Code's arrival
Arrival Excessive Issued at 100ft. Granted (per complainant)
190 151 41 66 9 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 (391
cases, 79.5%) followed by construction noise (71 cases, 14.4% ). As it relates to the day of the
week, Saturday resulted in the highest incidents of noise complaints ( 143 cases, 29.1 % ). Friday
reflected the second highest incidents of noise complaints with 80 cases (16.3%).
The analysis for Q2-2023 indicates that of the total 492 cases addressed by Code, 294 (59.76%)
were identified to have taken place in residential properties, 151 (30.69%) were identified to have
taken place in commercially zoned properties, and 47 (9.55%) took place within the public right-
of-way or on public property. The chart below reflects this information.
BREAKDOWN OF TOTAL CASES BY LOCATION TYPE
(April - June 2023)
Number of Percentage of Cases
Cases Handled by Code
RESIDENTIAL 294 59.76%
COMMERCIAL 151 30.69%
OTHER 47 9.55%
TOTAL 492 100%
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 Q2-2023. 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.
L TC: 02-2023 Noise Report (April - June 2023) and Annual Noise Report (July 2022 - June 2023)
Page 3of 4
AVERAGE TIME FOR CODE OFFICER TO ARRIVE (Q2-2023)
(April - June 2023)
Establishment Type Number of Cases* Average Time for Code
Officer to Arrive (h:mm:ss)
Residential 279 0:25:26
Commercial 144 0:21 :34
Other 43 0:09:40
All Cases 466 0:22:47
*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"
II. Special Magistrate Appeal Hearings {Q2-2023)
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 nine noise-related cases pending appeal before the Special
Magistrate.
SPECIAL MAGISTRATE OUTCOME
(April - June 2023)
Pending to be heard before the Special Magistrate 5
Adjudicated of Non-Compliance 4
Ill. Summary of Annual Report Data
During the reporting period for July 1, 2022 through June 30, 2023 a total of 2,549 noise complaint
cases were received. Of the 2,549 total cases, 265 were routed to Police as the request was
received during hours that Code does not operate, 21 cases were entered in error, and 39 cases
were deemed not applicable to Code.
When the above referenced 325 cases are removed from the total number of cases opened the
result is 2,224 cases having been addressed by Code.
Including 331 cases achieving compliance by the issuance of a notice of violation or warning during
the annual evaluation period, compliance was achieved in 2,096 cases handled by Code resulting
in an average compliance rate of 94.2%.
Loud music remains the most common type of noise complaint (1,695 cases, 76.2%) followed by
construction-related noise (359 cases, 16.1 % ). As it relates to the day of the week, Saturday
continues to be the day with the highest incidents of noise complaints (597 cases, 26.8%).
Attachment C 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.
Historically, noise complaints in residentially zoned areas make up more than half of all noise
cases. As illustrated in the chart below, this reporting year continues the trend.
L TC: 02-2023 Noise Report (April - June 2023) and Annual Noise Report (July 2022 - June 2023)
Page 4 of4
BREAKDOWN OF TOTAL CASES BY TYPE
July 2022 - June 2023
Number of Percentage of cases
cases handled by Code
RESIDENTIAL 1,343 60.4%
COMMERCIAL 591 26.6%
OTHER 290 13.0%
TOTAL 2,224 100%
If you require further information, please contact Hernan D. Cardena, Code Compliance Director
at 3i673.7077.
c--do
RWI IHDCITC/SN
Attachments
Attachment A: Noise Case Data, Q2-2023
Attachment B: Special Magistrate Case Result Summary, Q2-2023
Attachment C: Noise Case Data, July 1, 2022 - June 30, 2023
F:\CODE\CCA_MANAGEMENT\NOISE\Q2-2023\Q2-2023 Combined Annual Noise Report (Final 12-6-23) resubmitted 4-2024.docx
ATTACHMENT A
Noise Data 04/01/2023 - 06/30/2023 (Q2-2023)
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
560 68 492
Breakdown of Notices/ Warnings Issued
Verbal 0 0.0%
Written Warning 31 75.6%
Violation 10 24.4%
Totals 41 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 294 59.76%
Commercial 151 30.69%
Other 47 9.55%
Totals 492 100% - 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
APT 120 24.4%
BAR 10 2.0%
CLUBS 15 3.0%
CONDO 79 16.1%
CONDO-HOTEL 12 2.4%
HOME 95 19.3%
OTHER 47 9.6%
RESTAURANT 76 15.4%
RETAIL 0 0.0%
HOTEL 38 7.7%
UNKNOWN 0 0.0%
Totals 492 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 391 79.5%
LIVE ENTERTAINMENT 4 0.8%
BARKING DOG I ANIMALS 20 4.1%
CROWD NOISE 0 0.0%
CONSTRUCTION 71 14.4%
OTHER 4 0.8%
HONKING CARS/ALARMS 2 0.4%
Totals 492 100%
Call Time of Day / Day of Week
Day of Week Total 7a-11p 11p-7a
(of the following morning)
Monday 45 9.1% 33 6.7% 12 2.4%
Tuesday 47 9.6% 37 7.5% 10 2.0%
Wednesday 42 8.5% 35 7.1% 7 1.4%
Thursday 60 12.2% 38 7.7% 22 4.5%
Friday 80 16.3% 38 7.7% 42 8.5%
Saturday 143 29.1% 83 16.9% 60 12.2%
Sunday 75 15.2% 60 12.2% 15 3.0%
Totals 492 100% 324 65.9% 168 34.1%
Call Time of Day - Establishment Type
Establishment Type Total 7a- 11p 11p-7a
(of the followina mornina)
RESIDENTIAL 294 59.76% 197 40.0% 97 19.7%
COMMERCIAL 151 30.69% 97 19.7% 54 11.0%
OTHER 47 9.55% 30 6.1% 17 3.5%
UNKNOWN 0 0.0% 0 0.0% 0 0.0%
Totals 492 100% 324 65.9% 168 34.1%
ATTACHMENT B
Information on Disposition of Cases by Special Magistrate and by Judicial (02-2023)
Date of Request Special Master Code Case Address Name Status Violation Filed Case Number Number
9/7/2022 9/8/2022 SMN2022-00171 NC2022-24473 106 2 RIVO AL TO TER JACOB RESNICOW SM 04/20/2023 - Adjudicated of
Second Offense. Fine of 1,500 to be
paid by 5/25/23.
9/3/2022 9/28/2022 SMN2022-00172 NC2022-24453 1532 WASHINGTON EXCHANGE MIAMI LLC C/O SM 09/07/2023
AVE DOBBS, SHAKI
9/3/2022 9/15/2022 SMN2022-00173 NC2022-24455 1532 WASHINGTON EXCHANGE MIAMI LLC C/O SM 09/07/2023
AVE DOBBS, SHAKI
9/10/2022 9/15/2022 SMN2022-00174 NC2022-24486 1532 WASHINGTON EXCHANGE MIAMI LLC C/O SM 09/07/2023
AVE DOBBS, SHAKI
12/9/2022 12/15/2022 SMN2022-00177 NC2022-25115 1100 WEST AVE 1100 WEST INVESTMENTS, SM 05/04/2023 - Adjudicated of
LLC C/O JAMES RAUGH First Offense. Fine of $250 to be
paid by 6/5/2023.
2/5/2023 2/8/2023 SMN2023-00180 NC2023-25605 1555 DAYTONIA RD ALBERT BENAMRAN SM 06/06/2023 - Adjudicated of
Second Offense. Fine of $1,500 to
be paid by 7/6/2023.
3/20/2023 3/30/2023 SMN2023-00182 NC2023-25943 3500 COLLINS AVE 3500 HOTEL, LLC DBA SM 06/06/2023 - Adjudicated of First
CLARIDGE HOTEL C/O Offense. Fine of $250 waived.
RANDAL J. RICKMANN
3/26/2023 3/31/2023 SMN2023-00183 NC2023-26007 1628 COLLINS AVE 9BEACH LATIN AMERICAN SM 08/14/2023
LLC DBA 9BEACH LATIN
RESTAURANT C/O
OPPENHEIM, BENJAMIN
MARCELO
4/7/2023 4/13/2023 SMN2023-00184 NC2023-26095 1532 WASHINGTON EXCHANGE MIAMI LLC C/O SM 08/03/2023
AVE DOBBS, SHAKI
ATTACHMENT C
Annual Noise Data 07/01/2022 - 06/30/2023
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
2,549 325 2,224
Breakdown of Notices / Warnings Issued
Verbal 3 0.9%
Written Warning 216 65.3%
Violation 112 33.8%
Totals 331 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 1,343 60.4%
Commercial 591 26.6%
Other 290 13.0%
Totals 2,224 100%
Residential = Apt, Condo, Single Family
Commercial = Bar, Club, Hotel, Hotel-Condo, Restaurant, Retail, Construction
Other = Bandshe/1, Beach, Public Property, etc.
Totals
Establishment Type Number of Cases Percentage of All
Cases
APT 578 26.0%
BAR 49 2.2%
CLUBS 65 2.9%
CONDO 316 14.2%
CONDO-HOTEL 58 2.6%
HOME 449 20.2%
OTHER 290 13.0%
RESTAURANT 268 12.1%
RETAIL 2 0.1%
HOTEL 149 6.7%
UNKNOWN 0 0.0%
Totals 2,224 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 1,695 76.2%
LIVE ENTERTAINMENT 11 0.5%
BARKING DOG/ ANIMALS 136 6.1%
CROWD NOISE 11 0.5%
CONSTRUCTION 359 16.1%
OTHER 4 0.2%
HONKING CARS/ALARMS 8 0.4%
Totals 2,224 100%
Call Time of Day I Day of Week
Day of Week Total 7a- 11p 11p-7a
(of the following morning)
Monday 229 10.3% 195 8.8% 34 1.5%
Tuesday 214 9.6% 170 7.6% 44 2.0%
Wednesday 181 8.1% 136 6.1% 45 2.0%
Thursday 235 10.6% 158 7.1% 77 3.5%
Friday 332 14.9% 191 8.6% 141 6.3%
Saturday 597 26.8% 325 14.6% 272 12.2%
Sunday 436 19.6% 266 12.0% 170 7.6%
Totals 2,224 100% 1,441 64.8% 783 35.2%
Call Time of Day - Establishment Type
Establishment Type Total 7a-11p 11p • 7a
(of the followina morning)
RESIDENTIAL 1,343 60.39% 903 40.6% 440 19.8%
COMMERCIAL 591 26.57% 375 16.9% 216 9.7%
OTHER 290 13.04% 218 9.8% 72 3.2%
UNKNOWN 0 0.0% 0 0.0% 0 0.0%
Totals 2,224 100% 1496 67.3% 728 32.7%