LTC 262-2024 Vessels Cited for Excessive Vessel NoiseM IAM I 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 Managerfiu.J
June 25, 2024
Vessels Cited for Excessive Vessel Noise
The purpose of this Letter to Commission (L TC) is to provide information regarding violations
related to excessive vessel noise within a certain distance of residential areas. This L TC is
provided pursuant to the request stemming from the May 22, 2024 meeting of the Public Safety
and Neighborhood Quality of Life Committee ("PSNQLC"). Following a discussion regarding the
potential adoption of an ordinance regulating excessive vessel noise within a certain distance of
residential areas, the PSNQLC decided to conclude the item and have the Administration report,
via L TC, on the number of citations made under Sec. 46-152 of the City Code, Sec. 21-28 and/or
Sec. 7-26.1 of the County Code for noise violations with regard to vessels.
Recreational boating soared during the COVID-19 pandemic as people prioritized outdoor and
family-friendly activities. A 2023 National Marine Manufacturers Association study shows that
recreational boating saw a 36% increase in annual economic activity from 2018. With some 1,350
miles of coastline, Florida has been the top state for recreational boating and has therefore been
significantly impacted by this increase.
The City of Miami Beach, like many other Florida waterfront jurisdictions, has felt the phenomenon
with an ever-increasing number of people using vessels, from personal watercrafts such as jet skis
to larger vessels such as yachts. More vessels, especially yachts, has also meant more private
and commercial charters, rented out to locals and tourists for specific periods of time ranging from
a few hours to a few days. For shorter-term charters, with less time to travel to places, renters
often focus on having a good time. They have tended to anchor within Miami Beach's jurisdictional
waters. This has negatively impacted the quality of life of some residents living along the
waterways as the noises coming from these charters, often equipped with music amplifiers and
hosting small or large groups of people, can be heard from the shore.
Impacted residents have called the Miami Beach Police Department ("MBPD") to complain and
ask the Department to intervene. Because a Marine Patrol officer must witness the violation to
effectuate any law enforcement action, the first course of action is often to stop and educate the
offending vessel and ask the operator to move the vessel to another location, outside the City's
jurisdictional waters-a request many vessels opt to comply with. For vessels failing to comply or
reoffending, Marine Patrol officers turn to the City of Miami Beach Ordinance Article IV, Sections
46-151 to 46-162, which allow for the enforcement of a City Code violation and a fine. This,
however, does not necessarily result in behavioral change. Code violations are often ignored by
both non-Miami Beach residents understanding that it is highly unlikely that the City would file a
lawsuit for nonpayment of a civil violation as well as Miami-Beach property owners who are hesitant
to believe that the City would place a lien for nonpayment of a civil violation.
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261-2024
M a rin e P a tro l o ffi c e rs h a v e h a d lim ite d to o ls to e ff e c t c h a n g e a s th e y ca n n o t w rite a F lo rid a U n ifo rm
B o a tin g C ita tio n fo r lo u d n o is e . A s a re s u lt, th e o n ly le g is la tio n g iv in g a u th o rity to e n fo rc e e x c e s s iv e
v e s s e l n o is e h a s b e e n S e c tio n 7 -2 6 .1 o f th e M ia m i-D a d e C o u n ty C o d e , w h ic h p ro h ib its a n y pe rs o n
fro m o p e ra tin g a v e s s e l o n th e w a te rs o f M ia m i-D a d e C o u n ty e m itt in g n o is e in e x c e s s o f n in e ty
(9 0 ) d e c ib e ls m e a s u re d a t a d is ta n c e o f fi ft y (5 0 ) fe e t. M B P D procured several inexpensive devices
in years past to measure decibels using this legislation but found that it was difficult to reach the
enforceable threshold.
In October 2023, Miami-Dade County amended Section 21-28 of the Miami-Dade County Code,
which regulates various types of noise to specifically include amplified sound (music) emanating
from a vessel or floating structure. That amendment has provided M B P D with a stronger
enforcement option as it provides for the arrest of the violator. M B P D has had reasonable success
with the amended ordinance, as reflected in the pre- and post-amendment arrest numbers. In
2021, for instance, the Department made three (3) arrests. In 2022, the Department did not make
any arrests, and in 2023, the Department made three (3) arrests. For 2024, the Department has
made four (4) arrests to date.
Following Miami-Dade County's amendment, the City of Miami Beach amended Section 46-152 of
the City Code, which regulates various noises to specifically include amplified sound (music)
emanating from a vessel. This provides a civil fine schedule with increasing penalties for repeat
violators. A tool that would be advantageous for the Miami Beach Police Department to address
noises emanating from vessels would be an amendment to the City's Noise Ordinance, making
violation not just a civil matter, but an arrestable one and one prosecuted by the City's Municipal
Court to ensure that arrests for violation of this ordinance are not disposed of by a Miami-Dade
County judge or the Office of Miami-Dade State Attorney. This would make it a lot more serious of
a matter and as a result, help change behavior as it relates to noise in the City of Miami Beach's
jurisdictional waters.
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