Ordinance 2025-4733 ORDINANCE NO. 202sa733
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, FLORIDA, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE,"
BY AMENDING SECTION 46-152 THEREOF, ENTITLED "NOISES;
UNNECESSARY AND EXCESSIVE PROHIBITED," TO PROVIDE AN
EXEMPTION ALLOWING COMMERCIAL ENTITIES TO UTILIZE
CERTAIN OUTDOOR MAINTENANCE EQUIPMENT AT SPECIFIED
TIMES IN ORDER TO ENHANCE SANITATION AND CLEANLINESS IN
THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") is committed to maintaining the
highest standards of public health, safety, cleanliness, and aesthetic appeal forthe benefit
of its residents, visitors, and commercial stakeholders; and
WHEREAS, commercial properties play a significant role in shaping the
appearance and sanitation of the City, particularly in high-traffic tourist and business
areas; and
WHEREAS, pursuant to the City's noise ordinance, as set forth in Section 46-152
of the City Code, the currently permissible weekday hours for the operation of power tools
and other noise-producing equipment outdoors are between 8:00 a.m. and 8:00 p.m.,
which may be insufficient for commercial entities to complete cleaning and sanitation
efforts; and
WHEREAS, providing additional hours on a limited basis will enable commercial
entities to conduct more complete sanitation practices and efforts, and improve propeRy
maintenance without significantly disturbing residential life; and
WHEREAS, extending the allowable hours for the use of power washers and
pressure washers until 11:59 p.m. on the first Friday of each month will support the City's
efforts to maintain a clean and vibrant environment while minimizing any potential adverse
impacts; and
WHEREAS, the Mayor and City Commission find that this Ordinance serves a
legitimate public purpose and is in the best interest of the health, safety, and welfare of
the City's residents, visitors, and businesses.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. Section 46-152 of Chapter 46 of the City Code is hereby amended as
follows:
Chapter 46
ENVIROMENT
. . .
ARTICLE IV. NOISE
. . .
Sec. 46-752. Noises; unnecessary and excessive prohibited.
It shall be unlawFul for any person to make, continue or cause to be made or continued
any unreasonably loud, excessive, unnecessary or unusual noise. The following acts,
among others, are declared to be unreasonably loud, excessive, unnecessary or unusual
noises in violation of this section, but this enumeration shall not be deemed to be
exclusive, namely:
(a) Horns, signaling devices, etc. The sounding of any horn or signaling device on any
automobile, motorcycle, bus or other vehicle on any street or public place of the
city, except as a danger warning; the creation by means of any such signaling
device of any unreasonably loud or harsh sound; and the sounding of any such
device for any unnecessary and unreasonable period of time.
(b) Radios, televisions, phonographs, etc. The using, operating, or permitting to be
played, used or operated any radio receiving set, television set, musical
instrument, phonograph, or other machine or device for the producing or
reproducing of sound in such manner as to disturb the peace, quiet and comfort of
the neighboring inhabitants, or at any time with louder volume than is necessary
for convenient hearing forthe person or persons who are in oron the room, vehicle,
vessel, floating structure, or chamber in which such machine or device is operated
and who are voluntary listeners thereto. The operation of any such set, instrument,
phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in
such manner as to be plainly audible at a distance of 100 feet from the building,
structure, vessel, floating structure, or vehicle in which it is located shall be prima
facie evidence of a violation of this section.
(c) Animals, birds, etc. The owning, harboring, possessing or keeping of any dog,
animal or bird which causes frequent, habitual or long continued noise which is
plainly audible at a distance of 100 feet from the building, structure or yard in which
the dog, animal or bird is located.
(d) Whist/es. The blowing of any locomotive whistle or whistle attached to any
stationary boiler except to give notice of the time to begin or stop work or as a
waming of fre or danger or upon request of the proper municipal authority.
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(e) Exhausts. The discharge into the open air of the exhaust of any steam engine,
stationary internal combustible engine, or motor vehicle except through a muffler
orother device which will effectively prevent unreasonably loud or explosive noises
therefrom. Notwithstanding the foregoing, engine or exhaust noise from vessels
may be enforced as provided in section 7-26.1 of the Miami-Dade County Code
and F.S. § 327.65.
(� Defect in vehicle or /oad. The use of any automobile, motorcycle, jet ski, water
bike, recreational vehicle, dirt bike or motor vehicle so out of repair, so loaded or
in such manner as to create unreasonably loud or unnecessary grating, grinding,
rattling or other noise within a residential area.
(g) Schoo/s, courts, hospitals. The creation of any excessive or unreasonably loud
noise on any street adjacent to any school, institution of learning, house of worship
or court while the same are in use, or adjacent to any hospital, which unreasonably
interferes with the working of such institutions, or which disturbs or unduly annoys
the patients in the hospital, provided conspicuous signs are displayed in such
streets indicating that it is a school, hospital or court street.
(h) Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors
which disturbs the peace and quiet of the neighborhood.
(i) Noises to attract attention. The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention by creation of any unreasonably
loud or unnecessary noise to any performance, show, sale, display or
advertisement of inerchandise.
Q) Loudspeakers, etc. The use or operation on or upon the public streets, alleys and
thoroughfares anywhere in this city for any purpose of any device known as a
sound truck, loud speaker or sound amplifier or radio or any other instrument of
any kind or character which emits therefrom loud and raucous noises and is
attached to and upon any vehicle operated or standing upon such streets or public
places aforementioned. It is provided, however, that this subsection is not intended
to be construed in a manner that would interfere with the legitimate use of the
foregoing loudspeaker type devices in political campaigns.
(k) Power tools and landscaping equipment. The operation of noise-producing lawn
mowers, lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools
and other noise-producing equipment and tools out-of-doors between the hours of
8:00 p.m. and 8:00 a.m. on weekdays, and 8:00 p.m. and 10:00 a.m. on weekends
and national holidays. The restrictions on the operation of noise-producing
equipment and tools at golf courses shall apply between the hours of 8:00 p.m.
and 5:30 a.m. on weekdays, weekends, and national holidays. The limitations on
operation of noise-producing power tools and landscaping equipment on
weekends and national holidays do not apply to single-family homes located in the
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RS-1, RS-2, RS-3 RS-4, RM-1, RM-2, RM-PRD, RM-PRD-2, RO, RO-2, RO-3, and
TH zoning districts.
Notwithstandino the foreqoinq commercial entities shall be oermitted to ooerate
power washers and oressure washers out-of doors until 11 59 o m on the first
Fridav of each calendar month
(I) Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential
area.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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 Code of the City of Miami Beach, Florida. The sections of this Ordinance may
be renumbered or re-lettered 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 S day of T'-t�, Zp25.
PASSED AND ADOPTED this dS day of 74N2 , 2025.
ATTEST: r iipL�i(�—�- G��
�uN s o 2a2s W�
vS�e,y,en Meiner, Mayor
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Fj� e . ranado Cit Clerk ' �� ' �
REGIS BARBO� y i :iMmer orarEo: t
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''�'4�.. .•�a% APPROVEDASTO
(Sponsored by Commissioner Alex J. FernaY�B$T6,,:=' FORM & LANGUAGE
R EXECUTION
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CityAHorney�� ppte
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Ordinances-RS K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attomey Ricardo J. Dopico
DATE: June 25, 2025 9:40 a.m. Second Reading Public Heanng
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AMENDING CHAPTER 46 OF THE CODE OF THE GTY
OF MIAMI BEACH, FLORIDA, ENTITLED "ENVIRONMENT," BY AMENDING
ARTICLE IV, ENTITLED "NOISE," BV AMENDING SECTION 46-152 THEREOF,
ENTITLED "NOISES; UNNECESSARV AND EXCESSIVE PROHIBITED," TO
PROVIDE AN EXEMPTION ALLOWING COMMERCIAL ENTITIES TO UTILIZE
CERTAIN OUTDOOR MAINTENANCE EQUIPMENT AT SPECIFIED TIMES IN
ORDER TO ENHANCE SANITATION AND CLEANLINESS IN THE CI?Y; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
BACKGROUNOIHISTORY
ANALYSIS
The proposed Ordinance, sponsored by Commissioner Alex J. Femandez, has been submitted
for consideration by the Mayor and City Commission.
7he Ciry ot Miami Beach ("City") is committed to maintaining lhe highest standards of public
health, safety, Geanliness, and aesthetic appeal for the beneFt of its residents, visitors, and
commercial stakeholders. In tha[regard, wmmercial properties play a signiFicant role in shaping
ihe appearance and cleanliness of the City, particulady in high-traKc tounst and business areas.
Pursuant to the City's noise ordinance, as set (oM1h in Section 66-152 of the City Cotle, the
currently permissible weekday hours for lhe operetion of power tools and other noise-producing
equipment outdoors are belween 8:00 a.m. and 8:00 p.m., which may be insufficient for
commercial entities to complete cleaning and sanitation efforts. However, by providing a few
additional hours, on a limited basis, commercial entities will be able to conduct more complete
sanitation prectices and efforts,and improve property maintenance without significantly disturbing
residential life.
Accordingly, if adopted, the proposed Ordinance would extend the permissible hours ot use for
power washers and pressure washers until 11:59 p.m. on the frst Fnday of each month. While
relaliveiy minor, this modification will aid commercial entities in supporting the Citys efforts to
maintain a clean and vibrant environment while minimizing any potential adverse impacts to
re5idents.
FISCAL IMPACT STATEMENT
7495
N/A.
Does this Ordinance reauire a Business Imoact Estimate? Yes
(POR ORDINANCES ONLV)
If applicable, the Business Impact Estimate (BIE)was published on: 6I70I2025
See BIE ak h�s:/Iwww.miami6eachFl.qovlcitwhall/ciry-clerk/meetinq-notices!
FINANCIAL INFORMATION
CONCLUSION
Aonliwble Area
Citywide
Is this a "Residents Riaht to Know" item. Is this item related to a G.O. Bond
pursuant to CiN Code Section 2-177 Proiect?
No No
Was this Aoenda Item initiallv reoueated bv a lobbvist which, as defined in Code Sec. 2d81,
includes a Drineioal anoaaed in lobbvino? Yes
If so, speciTy the name of lobbyist(s) and principal(s): Tara Chilton, Govemment Relations
Manager, Publix Super Markets, Inc.
Deoartment
Ciry Attorney
Soonsorla)
Commissioner Alex Fernandez
Co-soonsor(sl
Condensed Title
9�,40 a.m. 2nd Rdg, Additional Hours for Pressure Washing. (Fernandez)CA
Previous Action IFor CiN Clerk Use Onlvl
First Reatling Public Hearing on 5/21/2025- R5 AI
'�496