BIE - Light Pollution (07/05/2024)M IA M I BEACH
City o f Miami Beach. 1700 Convention Center Drive, Miami Beach, Florido 33139. www.miomibeochfl.gov
TO: M ayor Steven Meiner and Mem bers of the City Com m ission
FROM: Rickelle W illiam s, Interim City Manager f<k)
MEETING DATE: July 24, 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 CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ENVIRONMENT," BY CREATING ARTICLE XII, ENTITLED "LIGHT
POLLUTION," AND CREATING SECTION 46-250 ENTITLED
"GARISH FLASHING, STROBING, AND/OR MULTICOLORED
LIGHTS PROHIBITED" TO PROHIBIT GARISH FLASHING,
STROBING AND/OR MULTICOLORED LIGHTS ON RESIDENTIAL
PROPERTIES THAT UNREASONABLY DISTURBS THE QUIET
ENJOYMENT OF A NEIGHBORING RESIDENCE BY A NEARBY
RESIDENT AND ESTABLISHING ENFORCEMENT AND PENALTY
PROVISIONS; 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 m ore boxes are checked below, this means the City of Miam i Beach has determined that
a Business Im pact Estim ate fo r the above-referenced O rdinance is not required by State law.
â–¡The proposed O rdinance is required fo r com pliance with Federa l or State law or
regulation;
D The proposed O rdinance relates to the issuance or refinancing of debt;
D The proposed O rdinance relates to the adoption of budgets or budget am endm ents,
including revenue sources necessary to fund the budget;
D The pro posed O rdinance is required to im plem ent a contract or an agreem ent, including,
but not lim ited to, any Federa l, State, local, or private grant or other financial assistance
accepted by the City;
D The pro posed O rdinance is an em ergency ordinance;
D The O rdinance relates to pro curem ent; or
D The proposed O rdinance is enacted to im plem ent the following:
a. Part II of Chapter 163, Florida Statutes, relating to gro wth policy, county and municipal
planning, and land developm ent regulation, including zoning, developm ent orders,
developm ent agreements and developm ent permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding com munity development
districts;
c. Section 553.73, Fl orida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
B u s in e s s Im p a c t E s tim a te
P a g e 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.
Ordinances - RS I
MIAMI BEACH
COMMISSION MEMORA NDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE:
TITLE:
June 26, 2024 First Reading
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY CREATING ARTICLE XII,
ENTITLED "LIGHT POLLUTION," AND CREATING SECTION 46-250 ENTITLED
"GARISH FLASHING, STROBING, AND/OR MULTICOLORED LIGHTS
PROHIBITED" TO PROHIBIT GARISH FLASHING, STROBING AND/OR
MULTICOLORED LIGHTS ON RESIDENTIAL PROPERTIES THAT
UNREASONABLY DISTURBS THE QUIET ENJOYMENT OF A NEIGHBORING
RESIDENCE BY A NEARBY RESIDENT AND ESTABLISHING ENFORCEMENT
AND PENAL TY PROVISIONS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ANALYSIS
The proposed Ordinance (the "Ordinance"), which is sponsored by Commissioner Kristen Rosen
Gonzalez, is submitted to the City Commission for first reading on May 15, 2024. The proposed
Ordinance would potentially preserve and enhance the environment of the City of Miami Beach
in residential neighborhoods and the improve the quality of life of residents.
On January 31, 2024, the Mayor and City Commission referred a discussion regarding potential
solutions to light pollution from multi-colored decorative lighting emanating from adjacent
properties to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") for the
Committee's deliberation.
A discussion was held at the March 20, 2024 PSNQLC meeting, where the Committee voted to
return the item to the full City Commission with a positive recommendation to enact an ordinance
to prohibit garish flashing, strobing and/or multicolored lights on residential properties that would
unreasonably disturb the quiet enjoyment of a neighboring residence by a nearby resident.
The proposed Ordinance codifies the recommended prohibitions, but exempts periods
immediately before and after national and major religious holidays.
The proposed Ordinance would be enforced by a Notice of Violation and fines ranging from $250
for a first offense, $500 for a second offense, and $1,000 for a third or subsequent offense.
FISCAL IMPACT STATEMENT
N/A
Applicable Area
Citywide
Is th is a "R e s id e n ts R ig h t to K n o w " ite m ,
p u rs u a n t to C ity C o d e S e c tio n 2 -17?
Is th is ite m re la te d to a G .O . B o n d
P ro je c t?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.241,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
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 ITY C O M M IS S IO N O F
T H E C IT Y O F M IA M I B EA 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 O D E O F T H E C IT Y O F M IA M I B EA C H , E N T IT L E D
"E N VI R O N M E N T ," B Y C R E A T IN G A R T IC L E X II, E N T IT L E D
"LI G H T P O L L U T IO N ," A N D C R E A T IN G S E C TI O N 4 6-2 5 0
E N T IT L E D "G A R IS H F LA S H IN G , S T R O B IN G , A N D /O R
M U L T IC O L O R E D LI G H T S P R O H IB IT E D " T O P R O H IB IT
G A R IS H F LA S H IN G , S T R O B IN G A N D /O R M U L T IC O L O R E D
LI G H T S O N R E S ID E N T IA L P R O P E R T IE S T H A T
U N R E A S O N A B L Y D IS T U R B S T H E Q U IE T E N J O Y M E N T O F A
N E IG H B O R IN G R E S ID E N C E B Y A N E A R B Y R E S ID E N T A N D
E S T A B LI S H IN G E N F O R C E M E N T A N D P E N A L T Y P R O V IS IO N S ;
A N D P R O V ID IN G F O R R E P E A L E R , S E V E RA 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 , on January 31, 2024, the Mayor and City Commission referred a discussion
regarding potential solutions to light pollution from multi-colored decorative lighting emanating
from adjacent properties to the Public Safety and Neighborhood Quality of Life Committee
("PSNQLC") for the Committee's deliberation; and
WHEREAS, a discussion was held at the March 20, 2024 PSNQLC meeting where the
Committee voted to return the item to the full City Commission with a positive recommendation to
enact an ordinance to prohibit garish flashing, strobing and/or multicolored lights on residential
properties that would unreasonably disturb the quiet enjoyment of a neighboring residence by a
nearby resident; and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach in residential neighborhoods and the improve the quality of life of residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Article XII of Chapter 46 and Section 46-250 of the Code of the City Miami Beach
are hereby created as follows:
CHAPTER 46
ENVIRONMENT
*
ARTICLE XII. LIGHT POLLUTION
Sec. 46-250. Garish flashing, strobing, and/or multicolored lights prohibited.
(a) The use of garish flashing, strobing, and/or multicolored lights on residential properties
that unreasonably disturbs the quiet enjoyment of a neighboring residence by a nearby
resident is hereby prohibited.
(b) Th e prohibition contained herein shall be abated for a period thirty days before and
ten days after national holidays and major religious holidays.
(c) Enforcement.
(1) If a code compliance offi cer finds a violation of this article, the code compliance
officer shall first issue a written warn ing for a first violation, and if the violation is
not cured within 24 hours, then issue a notice of violation to the property owner
or the landscape maintenance company. The notice of violation shall inform the
violator of the nature of the violation, amount of fine for which the violator is liable,
instructions and due date for paying the fine, that the violation may be appealed
by requesting an administrative hearing before a special master within ten days
after service of the notice of violation, and that the failure to appeal the violation
within ten days of service shall constitute an adm ission of the violation and a
waiver of the right to a hearing.
(2) A violator who has been served with a notice of violation must elect to either:
a. Pay the following civil fine:
i. First violation within a 12-month period $250.00:
ii. Secon d violation within a 12-month perod $500_00
iii. Third or subsequent violation within a 12-month period $1,000.00; or
b. Request an administrative hearing before a special master to appeal the
notice of violation, which must be requested within ten days of the service of
the notice of violation. The procedures for appeal by administrative hearing
of the notice of violation shall be as set forth in sections 30-72 and 30-73 of
this Code. Applications for hearings must be accompanied by a fee as
approved by a resolution of the city commission, which shall be refunded if
the named violator prevails in the appeal.
(3) Failure to pay the civil fine, or to timely request an administrative hearing before
a special master, shall constitute a waiver of the violator's right to an
administrative hearing before the special master, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed
accordingly.
(4) A_certified copy of an order imposing a fine may be recorded in the public records,
and thereafter shall constitute a lien upon any real or personal property owned
by the violator, which may be enforced in the same manner as a court judgment
by the sheriffs of this state, including levy against the violator's real or personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After three months following the recording of any such lien that
remains unpaid, the city may foreclose or otherwise execute upon the lien for the
amount of the lien plus accrued interest.
(5) The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative hearing
if the violator has failed to request an administrative hearing within ten days of
the service of the notice of violation. The special master shall not have discretion
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to alter the penalties prescribed in this article Any party aggrieved by a decision
of a special master may appeal that decision to a court of competent jurisdiction.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
rem ainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the M ayor and C ity Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall becom e and be m ade part of the Miami
B each City C ode. The sections of this ordinance m ay be renum bered or relettered to accom plish
such intention, and the w ord "ordinance " m ay be changed to "section," "article," or other
appro priate w ord.
SECTION 5. EFFECTIVE DA TE.
This O rdinance shall take effect on th e day of 2 024
PASSED AND ADOPTED thi s day of.2 024.
ATTEST:
S teven M einer , M ayor
R afael E . G ranado, City C lerk
U nderline denotes additions
Strik ethr ough den o tes del etions
D ouble underline denotes additions on second reading
(S ponsored by C om m issioner K risten R osen G onzalez)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE C U TI ON
City Attom ey
2!2/2e24 Ts
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