Ordinance 2024-4631 ORDINANCE NO., 2024-4631
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.
WHEREAS, 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 Ftlashingt and/oranc__Astrobingilflier=1110WICOIOFEKI lights prohibited.
(a) The use of oaFic,Iflashinei. and/or strobing, and/or multicolored lights and/or
multidirectional moving light beams on, or emanating from, on residential properties
that unreasonably disturbs the quiet enjoyment of a neighboring residence by a nearby
resident is hereby prohibited.
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(b)( ) Enforcement.
(1) If a code compliance officer finds a violation of this article, the code compliance
officer shall first issue a written warning 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 magistrate 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 admission 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 $500 .00: .
ii. Second violation within a 12-month period $750 .00:
iii. Third or subsequent violation within a 12-month period $1,000.00; or
b. Request an administrative hearing before a special master magistrate 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 magistrate, shall constitute a waiver of the violator's right to an
administrative hearing before the special master maaistrate, 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 thesheriffs 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 magistrate 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 magistrate shall
not have discretion to alter the penalties prescribed in this article. Any.party
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aggrieved by a decision of a special marrFter magistrate 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.
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 Miami
Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3 day of Ski , 2024.
PASSED AND ADOPTED this on day of , 2024.
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ATTEST:
3 f Steven Meiner, Mayor
JUIRafael E. Granado, City Clerk = '• APPROVED AS TO
,o FORM &LANGUAGE
=1kCORP OWED,' &FOR EXECUTION
Underline denotes additions ,25`ti`-
•Strikethough denotes deletions
Double underline denotes additions on second reading CttyA ey Date
(Sponsored by Commissioner Kristen Rosen Gonzalez)
Co-Sponsored by Commissioner Joseph Magazine Co-Sponsored by Commissioner David Suarez
'F:\ATTO\ROSR\2-RFR CMB\2024-05-15 LIGHT POLLUTION(KRG)(6)(RFR)(sp)(Second Reading).docx
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Ordinances -R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: July 24, 2024 10:55 a.m. Second Reading Public Hearing
TITLE: 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.
ANALYSIS
See attached Memorandum.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
The Business Impact Estimate (BIE)was published on 7/5/2024. See BIE at:
https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
Page 968 of 1750
City Attorney
Sponsor(s)
Commissioner Kristen Rosen Gonzalez
Co-sponsor(s)
Commissioner Joseph Magazine
Commissioner David Suarez
Page 969 of 1750
BEAC H
City of Miami Beach. 1700 Convention Center Drive,Miami Beach.Florida 33139.www.miamibeachtl.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Ricardo J. Dopico, City Attorney
SECOND READING
DATE: July 24, 2024
SUBJECT: 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 XI, 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 WOULD
UNREASONABLY DISTURB 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.
The proposed Ordinance (the"Ordinance"), which is sponsored by Commissioner Kristen Rosen
Gonzalez, was submitted to the City Commission for First Reading on June 26,2024. 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 regulate party lighting on residential properties that would unreasonably disturb the quiet
enjoyment of a neighboring residence by a nearby resident.
The proposed Ordinance was presented to, and approved at First Reading, by the Mayor and
City Commission on First Reading at the June 26, 2024 City Commission Meeting, subject to
certain minor clarifications.
Specifically, the proposed Ordinance was amended by the sponsor to strike the original
exemption for periods before and after holidays, to clarify that the Ordinance only prohibits
flashing, strobing, or other"disco-ball"type lights, to raise the applicable fines, and to change the
word "special master" to "special magistrate" throughout the proposed Ordinance. All of these
changes are indicated by double underlining in the Second Reading version of the proposed
Ordinance.
Page 970 of 1750