LTC 179-2004 Noise and Occupational License Tax Ordiances
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 179-2004
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To: Mayor David Dermer and Date: July 16, 2004
Members of the City Commission
From: Jorge M. Gonzalez \ A'/
City Manager cf7J
Subject: NOISE AND OCCUPATIONAL LICENSE TAX ORDINANCES
At the June 9, 2004 meeting of the City Commission, a draft Ordinance providing for
amendments to the City's Occupational License Tax Ordinance was withdrawn by the
Administration. At that meeting, the Mayor and Commissioners were informed that a
revised Ordinance was going to be prepared, together with another supplementary
Ordinance and brought for Commission consideration at the July 28, 2004 Commission
Meeting.
Since the June 9th meeting, an Ordinance providing for revisions to the City's Noise
Ordinance and revisions to the Occupational License Tax Ordinance have been prepared
to forward to the Commission and the community for discussion.
In preliminary discussion with members of the community it has become apparent that
there is support to focus specifically on noise as a problem within the community and to
enact appropriate Ordinance amendments to the City's Noise Ordinance to address that
problem. Community members also specifically requested that the review process be
elongated so as to permit adequate time to consider the changes and discuss the
proposals before being brought to the Commission for any action.
In order to simplify and appropriately focus discussion on the noise problem, the
community representatives also requested that any changes in the Occupational License
Tax Ordinance be separated from the discussion and handled at a different time than the
Noise Ordinance.
Subsequent to meeting with community representatives about the package of Ordinances,
the City has been successful in dissolving the injunction that had been imposed on the City
relative to Occupational License Tax Suspension Revocation Hearings. As such, the
immediate pressure to address potential flaws in the Occupational License Tax Ordinance
is reduced and pursuing the noise problems apart from the Occupational License remedies
is appropriate and recommended.
During the August recess, the Administration will circulate a draft of the amended Noise
Ordinance both to community representatives as well as business representatives in order
to gather comments and opinions before bringing the matter to the Commissions attention
after the August recess.
Based on the preliminary discussions it appears as if the approach being taken has
support of both the residential and business community and should create a more focused
and less divisive discussion when the matter is presented for Commission action.
If you have any questions, please do not hesitate to contact me.
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