Resolution 2025-33664 RESOLUTION NO. 2025-33664
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REITERATING AND RENEWING THE CITY'S
URGING OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION
EXPRESSLY AUTHORIZING COUNTIES AND MUNICIPALITIES TO UTILIZE
NOISE CAMERA TECHNOLOGY IN ORDER TO ISSUE TRAFFIC CITATIONS
FOR EXCESSIVE VEHICULAR MUFFLER AND EXHAUST NOISE; AND
FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA SENATE.
WHEREAS, unreasonable and excessive vehicular muffler and exhaust noise emanating
from vehicles creates a nuisance and adversely affects the quality of life of residents and visitors
to the City of Miami Beach ("City"), as well as to residents throughout the State; and
WHEREAS, of particular concern are noise disturbances occurring in residential areas,
where such unreasonable and excessive noise deprives residents of the peaceful enjoyment of
their homes, including oftentimes during the late evening and overnight hours when most people
are trying to sleep; and
WHEREAS, at the December 14, 2022 City Commission meeting, the Mayor and City
Commission approved Resolution 2022-32441, which urged the Florida legislature to enact
legislation allowing counties and municipalities to utilize noise camera technology in order to issue
traffic citations for excessive vehicular muffler and exhaust noise; and
WHEREAS, to date, no such legislation has been enacted by the Florida legislature, yet
the vehicular noise disturbances throughout the City of Miami Beach, particularly noise
emanating from vehicle muffler and exhaust systems, and the revving of engines, continues
nearly unabated and continues to disturb residents (especially in many heavily travelled
residential corridors throughout the City); and
WHEREAS, Fla. Stat. § 316.007 generally prohibits any local authority from enacting or
enforcing any ordinance which is covered by the provisions of Chapter 316 (which governs
vehicular muffler and exhaust noise), unless expressly authorized; and
WHEREAS, more specifically, Fla. Stat. §316. 0076 expressly preempts the regulation of
the use of cameras for enforcement of Chapter 316 to the State; and
WHEREAS, in 2023,the Florida Legislature directed the Office of Program Policy Analysis
and Government Accountability ("OPPAGA") to conduct a Review of Exhaust System Noise
throughout the state of Florida, to include discussions of sound and sound measurement; a
literature review of the effect of excessive noise on health and quality of life; an examination of
federal, state, and local exhaust noise regulations, including citations issues under state law; and
WHEREAS, the OPPAGA Review of Exhaust System Noise Report ("OPPAGA Report")
references the City's adoption of Resolution No. 2022-32441, as well as the City's adoption of
Resolution No. 2022-32208, which established a noise camera pilot program that utilized noise
cameras in different locations throughout the City, and resulted in 2,688 total activations and 197
activations over 100 dB; and
WHEREAS, in fact, the Florida Department of Highway Safety and Motor Vehicles
("FLDHSMV'), in its response to the OPPAGA Report, expressed its support for addressing
exhaust noise violations at the local level through city or county ordinances, which would require
the State legislature to remove the barriers to enforcement or application of law; and
WHEREAS, legislation authorizing counties and municipalities to utilize noise camera
technology for the issuance of excessive vehicular muffler and exhaust noise citations would allow
political subdivisions of the State to address the ongoing issue of excessive and unnecessary
vehicular noise more effectively and efficiently in their respective jurisdictions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby reiterates and renews the
City's urging of the Florida Legislature to enact legislation expressly authorizing counties and
municipalities to utilize noise camera technology in order to issue traffic citations for excessive
vehicular muffler and exhaust noise; and further, directing the City Clerk to transmit a copy of this
Resolution to the Speaker of the Florida House of Representatives and the President of the
Florida Senate.
PASSED and ADOPTED this 2! day of �/ , 2025./
ATTEST:
even Meiner, Mayor
MAY 2 .7 2025
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Laura Dominguez)
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Resolutions -C7 T
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: May 21, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REITERATING AND RENEWING THE CITY'S URGING
OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION EXPRESSLY
AUTHORIZING COUNTIES AND MUNICIPALITIES TO UTILIZE NOISE CAMERA
TECHNOLOGY IN ORDER TO ISSUE TRAFFIC CITATIONS FOR EXCESSIVE
VEHICULAR MUFFLER AND EXHAUST NOISE;AND FURTHER, DIRECTING THE
CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE SPEAKER
OF THE FLORIDA HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF
THE FLORIDA SENATE.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached Resolution was prepared at the request of the sponsor, Commissioner Laura
Dominguez.
FISCAL IMPACT STATEMENT
None at this time.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate(BIE)was published on:
See BIE at: https:l/www.miamibeachfl.gov/city-hall/citvclerklmeetino-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
970 of 2719
Citywide
Is this a "Residents Right to Know" items 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 lobbvina? No
If so, specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(sl
Commissioner Laura Dominguez
Co-sponsorlsl
Condensed Title
Authorize Utilization of Noise Cameras to Issue Citations for Excessive Muffler/Exhaust Noise.
(Dominguez) CA
Previous Action (For City Clerk Use Only).
971 of 2719
MIAMI BEACH
City of Mlaml Beach. 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochtl.gov
Office of the City Clerk
Tel:305-673-7411
May 28, 2025
Senate President Ben Albritton
409 The Capitol
404 South Monroe Street
Tallahassee, FL 32399
Dear Senate President Albritton,
Attached please find a copy of City of Miami Beach Resolution No. 2025-33664:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REITERATING AND RENEWING THE CITY'S
URGING OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION
EXPRESSLY AUTHORIZING COUNTIES AND MUNICIPALITIES TO
UTILIZE NOISE CAMERA TECHNOLOGY IN ORDER TO ISSUE TRAFFIC
CITATIONS FOR EXCESSIVE VEHICULAR MUFFLER AND EXHAUST
NOISE; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA
HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA
SENATE. (Sponsored by Commissioner Laura Dominguez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on May21, 2025.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Laura Dominguez
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive.Miami Beach.Florida 33139.vrww.miamibeachfl.gov
Office of the City Clerk
Tel:305-673-7411
May 28, 2025
Speaker of the House Daniel Perez
402 South Monroe Street
Tallahassee, FL 32399
Dear Speaker of the House Perez,
Attached please find a copy of City of Miami Beach Resolution No. 2025-33664:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REITERATING AND RENEWING THE CITY'S
URGING OF THE FLORIDA LEGISLATURE TO ENACT LEGISLATION
EXPRESSLY AUTHORIZING COUNTIES AND MUNICIPALITIES TO
UTILIZE NOISE CAMERA TECHNOLOGY IN ORDER TO ISSUE TRAFFIC
CITATIONS FOR EXCESSIVE VEHICULAR MUFFLER AND EXHAUST
NOISE; AND FURTHER, DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE SPEAKER OF THE FLORIDA
HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE FLORIDA
SENATE. (Sponsored by Commissioner Laura Dominguez)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on May 21, 2025.
Respectfully,
Rafael E. Granado
City Clerk
c: Commissioner Laura Dominguez