HomeMy WebLinkAboutResolution 2025-34016RESOLUTION NO. 2025-34016
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF I HE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THAT THE ENACTMENT OF
LEGISLATION BY THE FLORIDA LEGISLATURE, WHICH WOULD PROVIDE
COUNTIES AND MUNICIPALITIES WITH EXPRESS AUTHORITY TO UTILIZE
NOISE CAMERAS TO ISSUE TRAFFIC CITATIONS FOR EXCESSIVE
VEHICULAR MUFFLER AND EXHAUST NOISE, BE ESTABLISHED AS A
LEGISLATIVE PRIORITY FOR THE 2026 LEGISLATIVE SESSION.
WHEREAS, unreasonable and excessive vehicular muffler and exhaust noise emanating
from vehicles creates a nuisance and adversely affects the qualityof 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 orderto issue
traffic citations for excessive vehicular muffler and exhaust noise; and
WHEREAS, at the May 21, 2025 City Commission meeting, the Mayor and City
Commission adopted Resolution No. 2025-33664 reiterating and renewing the City's urging of the
Florida Legislature to enact legislation expressly authorizing counties and municipalities to utilize
noise camera technology 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, 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 Chapter
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 fad, 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 preemption 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; and
WHEREAS, the City Commission now finds it in the best interest of the City to formally
advocate for such legislative authority.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct that the enactment of legislation by the Florida Legislature, which
would provide Counties and Municipalities with express authority to utilize noise cameras to issue
traffic citations for excessive vehicular muffler and exhaust noise, be established as a legislative
priority for the 2026 legislative session.
PASSED and ADOPTED this 17 day of uu MbC✓ 2025.
ATTEST: / „•
Steven Meiner, Mayor
DEC 2 2 2029 •,g"
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Rafael E. Gran do, City Clerk �•'
(Sponsored by Commissioner Laura Dominguez) ':, '�IMiORF�OAAIED;N
Co -Sponsored by Mayor Steven Meiner
CoSponsored by Commissioner Monica Matte"alinas APPROVED AS TO
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Resolutions - C7 BD
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: December 17, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THAT THE ENACTMENT OF
LEGISLATION BY THE FLORIDA LEGISLATURE, WHICH WOULD PROVIDE
COUNTIES AND MUNICIPALITIES WITH EXPRESS AUTHORITY TO UTILIZE
NOISE CAMERAS TO ISSUE TRAFFIC CITATIONS FOR EXCESSIVE
VEHICULAR MUFFLER AND EXHAUST NOISE, BE ESTABLISHED AS A
LEGISLATIVE PRIORITY FOR THE 2026 LEGISLATIVE SESSION.
RECOMMENDATION
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://www.miamibeachFl.gov/city-hall/city-clerk/meeting-notices/
CONCLUSION
Applicable Area
Citywide
2000 of 3458
Is this a "Residents Right to Know" item Is this item related to a G.O. Bond
pursuant to City Code Section 2-1?? 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
City Attorney
Sponsor(s)
Commissioner Laura Dominguez
Co-sponsors)
Mayor Steven Meiner
Condensed Title
Noise Camera Citations as a 2026 Legislative Priority. (Dominguez/Meiner) CA
Previous Action (For City Clerk Use Only)
2001 of 3458