LTC 189-2004 Draft Noise Ordinance
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 189-2004
m
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ,. Io..~
City Manager ov-' - 0
DRAFT NOISE ORDINANCE
Date: July 22,2004
To:
Subject:
Attached please find a working draft of amendments to the City's current Noise Ordinance.
The working draft is being circulated for comment with residents and the business
community at this point in time.
A key section in the draft is the addition of specified penalties in Section 46-159. A new
schedule of fines is included in the draft Ordinance. This section will most likely be the
focus for discussion with residents and the business community and subsequently with the
members of the City Commission.
Before this item is presented to Commission for any form of consideration, the
Administration will make an effort to create a consensus document addressing both
residents and business community needs or in the worst case, consensus among as many
items as possible, thereby narrowing possible areas of disagreement to a manageable
scope.
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ARTICLE IV. NOISE
Sec. 46-151. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Amplified sound means sound augmented by any electronic means that increases the sound level
or volume.
City manager or his designee means the city manager or one of his assistants or a department or
division head ofthe city designated by the city manager.
Code inspector means an authorized employee or agent of the city whose duty it is to ensure
code compliance, including but not limited to inspectors of the city's code compliance
department and police officers.
Complainant means any owner, lessee, manager or person with a legal interest in a receiving
property who reports being disturbed by sound heard inside of a residence or place of business
upon the receiving property and not originating therefrom.
Emergency work means any work performed for the purpose of remedying conditions that create
an imminent peril to life, health or property.
Plainly audible means the sound can be clearly heard by a person of normal sensibilities using
only unaided auditory senses. Plainly audible shall refer to a sound heard at a volume level above
that of normal conversation and shall not include sounds which arc just barely audible. With
respect to music the detection of a rhythmic base reverberating type sound, beat or cadence shall
be deemed plainly audible.
Property line means an imaginary line along the groood surface, and its vertical extension, which
separates the real property owned by a person from that o';med by another person, but not
including intrabuilding real property divisions.
Receiving property means any residence or place of business into which sound, not originating
therefrom, is traveling.
Residence means any occupied room or rooms connected together containing sleeping facilities,
including single- and multiple-family homes, townhomes, apartments, condominium units, and
hotel and motel rooms.
Sound source means the place from which sound emanates, including ';/ithout limitation a
speaker, loudspeaker, or other sound producing instrument or person.
Special master means a hearing officer appointed pursuant to chapter 30 of this Code.
Uniw;?itcd noise means noise not originating on the receiying property.
Unreasonably loud means noise that is plainly audible inside of a receiving property across a
property line.
(Ord. No. 95-2982, S 2(24-1), 3-22-95)
Cross references: Definitions generally, S 1-2.
Sec. 46-152. UnreasoBably laud Baise prohibited. Adoption bv reference. Noises;
unnecessary and excessive prohibited.
.^..t all times, it shall be unlawful for any person to cause or permit to originate from the real
property he controls any sound that crosses a real property line at a '1olume that is unreasonably
lffi:14.
Section 21-28 of the Code of Miami-Dade County. entitled "Noises; unnecessary and excessive
prohibited." is recognized as being in force in the City and is hereby adopted by reference as if
fully set forth herein. as that code may be amended from time to time.
(Ord. No. 95-2982, S 2(24-2), 3-22-95)
Sec. 46-153. Responsibility for compliance.
For purposes of sections 46-152 through 16 155 and 46-153 any person owning or having
responsibility for management of a business premises, however temporarily, any performer or
disc jockey producing sound upon any business premises, any person playing music, any person
having control of volume knobs or levels, and the business as named on the occupational license,
shall be jointly and severally liable for compliance with this article and shall be responsible for
any violations of this article.
(Ord. No. 95-2982, ~ 2(24-3), 3-22-95)
Sec. 46-154. Noise le"/el in specific area. Repealed.
(a) Purpose. The purpose of these regulations is to allO'.v fDr an area of the city v/here the
ambience contributes to the enjoyment by residents and visitors of uses that feature the
serling of food and beverages accompanied by outdoor live and pre recorded musical
entertainment.
(b) Boundarics. The area for which these regulations apply shall be located between 900 and
1090 Ocean Drive on Miami Beach. The legal description for this area is as follov/s:
Lots 1 through 8, inclusi'.e, block 11; and lots 1 through 8, inclusive, block 15, Ocean
Beach f...ddition No.2, as recorded in plat book 2, page 56, public records of the county.
(c) Limitation on noisc '/o!umc.
(1) For purposes of enforcement of this article, the following definition of
"unreasonably loud" shall apply for all noises originating within the area as
described in subsection (b) of this section:
Uninvited noise shall be deemed unreasonably loud if it is plainly audible inside a
residential receiving property or part thereof at a distance greater than 50 feet
a':/ay from the property line of the sound source or is plainly audible inside a
place of business or part thereof at a distance greater than 100 feet (l\vay from the
property line of the sound source. For purposes of enforcement of this section,
measmements of distance from a sound somce to a recei'/ing property shall be
measured in a straight line from the property line of the sound source to the
residence or place of business vlhich is the receiving property. The measurement
'.vill begin at that point on the property line of the sound source nearest to the
receiving property.
(2) .^JI procedmes for enforcement of violations of the noise limitations in subsection
(c)(1) of this section and for appeals of notices of '.iolations issued by code
inspectors shall be as set forth in this article.
(d) No wlrianccs granted. No variances shall be granted from the permissible volume
limitations set forth in subsection (c) of this section.
(e) Applicability of zoning pro'~'isions. The regulations set forth in this section shall be
supplementary to all other provisions, and zoning regulations shall continue to apply
'Nithin the area.
(Ord. No. 89-2665, 9 12C, 10-1-89)
Sec. 46-155. ,"",dditiaBal sauBd limitatiaBs far puhlie property. Repealed.
No person shall, on any public street or sidevialk, beach or park use, operate or play any radio,
phonograph, stereo set, tape or CD player, television, sound amplifier, or other electronic audio
device that produces or reproduces amplified sound, at a le'lel that is plainly audible at a distance
of more than ten feet from the sound source.
(Ord. No. 95-2982, S 2(24-4), 3-22-95)
Sec. 46-156. Temporary permits.
(a) The city manager or his designee is authorized to issue a temporary permit to allow noise
prohibited by sections 46-152 and 16 155 46-153 when produced by a temporary use or
activity that does not significantly endanger the health, safety or welfare of the
neighborhood. The city manager or his designee may prescribe any reasonable conditions
necessary to minimize any adverse effect upon the community. A permit granted under
this article shall contain all conditions upon which the permit has been granted, including
the period of time for which the permit has been granted. Such relief may be granted in
the following situations:
(1) Code compliance in progress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this article, but additional time is required for
the applicant to modify his activity to comply and no reasonable alternative is
available to the applicant. Such permits may be granted for a period of time not to
exceed ten days.
(2) Construction. When construction activities pursuant to a valid building permit
cannot be carried out in a manner which would comply with sections 46-152 and
46-155; provided that all equipment shall be operated in accordance with
manufacturer's specifications, shall be in good repair and shall utilize all noise
baffling methods as specified by the manufacturer, and further provided that such
activities shall occur only as follows:
a. Between the hours of 7:30 a.m. and 6:30 p.m. and between the hours of
7:30 a.m. and 7:30 p.m. during daylight savings time, on any day in areas
zoned as CCC, GU, I-I, MR, CPS-l, CPS-2, CPS-3, CPS-4, RO, WD-l,
WD-2, GC, HD, MXE, CD-I, CD-2 and CD-3.
b. Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m.
and 4:00 p.m. on Saturdays in areas zoned as RM-l, RM-2, RM-3, RM-
PRD, RPS-l, RPS-2, RPS-3, RPS-4, RMPS-l, RS-l, RS-2, RS-3, RS-4,
TH and in any exclusively residential zoning district not otherwise
specified in this subsection. No construction shall be permitted on
Sundays or on national holidays.
Notwithstanding the provisions set forth in subsections (a)(2)a and b of this
section, the building official City Manager or his designee may authorize any
construction activity at a particular site within a zoning district set forth in
subsection (a)(2)a of this section earlier than 7:30 a.m. Under emergency
circumstances only, the building official may authorize any necessary
construction activities earlier than 8:00 a.m. and/or later than 4:00 p.m. on any
day within a zoning district set forth in subsection (a)(2)b of this section. The
work authorized by the building official pursuant to this subsection may be
conditioned upon notice to surrounding property owners and tenants. Such
permits may be granted for a period of time not to exceed three consecutive days.
(3) Special events and film and print permits. When the applicant seeks to hold a
special event or film and print production, or other activity, and has met all of the
city's requirements for obtaining such permit as set forth in applicable regulations,
resolutions or ordinances and the activity or special event cannot be performed or
held in a manner that would comply with sections 46-152 and 16 155 46-153.
Except for special events and film and print productions, such permits may be
issued for a period of time not to exceed three days. In lieu of a separate permit
issued hereunder, the special event or film and print permit may include the
authorization and conditions contemplated hereunder. See section 12-1, for film
and print production permits, or section 12-5, for special events.
(b) Failure to comply with any condition of a temporary permit issued pursuant to this
section shall constitute a violation and shall result in enforcement procedures and
penalties as set forth in sections 46-159 and 46-160.
(Ord. No. 95-2982, S 2(24-5), 3-22-95; Ord. No. 97-3085, S 1, 7-2-97; Ord. No. 2001-3302, S 2,
4-18-01; Ord. No. 2001-3303, S 2, 4-18-01; Ord. No. 2003-3412, S 1,6-11-03)
Sec. 46-157. Exemptions.
The following uses and activities shall be exempt from the requirements of sections 46-
152 and ~6 15546-153 and from the enforcement procedures in this article:
(1) Cries for emergency assistance and warning calls.
(2) Radios, sirens, horns and bells and other sounds created by police, fire and other
emergency response vehicles.
(3) Parades, fireworks displays, special events and other activities for which a permit
has been obtained from the city, pursuant to section 46-156, within such hours
and in accordance with such restrictions as may be imposed as conditions for the
issuance of the permit.
(4) Activities on or in municipal and school athletic facilities and on or in publicly
owned property and facilities, when such activities have been authorized by the
public authority owning the properties or facilities or their agents; except where
such publicly owned properties are under private operation or use. pursuant to a
lease or concession agreement.
(5) Fire alarms and burglar alarms, bells and chimes of churches or other religious
institutions; however false burglary alarms shall be subject to enforcement
procedures and penalties as set forth in article II of chapter 42.
(6) Locomotives and other railroad equipment and aircraft, to the extent that city
regulation is preempted by federal law.
(7) Noises resulting from emergency work.
(8) Any noise resulting from activities of a temporary duration permitted pursuant to
section 46-156.
(9) Noise generated by motor vehicles as defined in F.S. S 320.01 when operated and
equipped in accordance with requirements set forth in the Florida Statutes.
(10) Noise resulting from the operation of vessels when operated in compliance with
the decibel limitations in F.S. S 327.65. However, noise exceeding the limitations
set forth in F.S. S 327.65 shall be subject to enforcement and penalties as set forth
in F.S. ch. 327.
(11) Noises emanating from the unmnplified conversations of persons on the public
streets and sidewalks.
(Ord. No. 95-2982, S 2(24-6), 3-22-95)
Sec. 46-158. Enforcement by code inspectors; notice of violation.
If a code inspector receives a complaint from a complainant regarding a violation of this
article, he shall investigate the complaint and determine whether the violation exists. If the code
inspector then observes a violation of this article, the inspector shall inform the violator that he
must immediately cease the violation and will be subject to additional penalties if the violation
continues and issue a notice of violation to the violator as provided in chapter 30 of this Code.
The notice shall inform the violator of the:
(1) Name ofthe violator.
(2) Date and time of violation.
(3) Nature ofthe violation.
(4) Amount of fine for which the violator may be liable.
(5) Instructions and due date for paying the fine.
(6) Notice that the violation may be appealed by requesting an administrative hearing
within ten days after service of the notice of violation, that failure to do so shall
constitute an admission of the violation and waiver of the right to a hearing, and
that unpaid fines will result in the imposition of liens which may be foreclosed by
the city.
The notice shall also inform the violator that repeat violations of this article will result in the
imposition of larger fines and may also result in revocation of occupational license and/or
certificate of use and/or injunctive proceedings as provided by law.
(Ord. No. 95-2982, S 2(24-7), 3-22-95)
Sec. 46-159. Civil fines for violation; appeals.
(a) The following civil fines shall be imposed for violations ofthis chapter:
(1) First offense, $100.00 fine.
(2) Second offense and each offense thereafter (within one year twelve months of the
first offense), $500.00 fine.
(3) Third offense (within twelve months of the first offense). $1.000.00 fine.
(4) Fourth offense (within twelve months of the first offense). $5.000.00 fine.
(5) Fifth offense (within twelve months of the first offense), $10.000.00 fine.
(6) Sixth offense (within twelve months of the first offense). one weekend (Friday
evening through Monday morning) occupational license suspension and a
$15.000.00 fine.
(7) Seventh offense (within twelve months of the first offense). one weekend (Friday
evening through following Friday morning) occupational license suspension and a
$20.000.00 fine.
For purposes of this section, "offense" shall mean a notice of violation that has not been
contested timely or a finding of violation by a special master. A person may receive a separate
notice of violation once every hour if a violation has occurred at any time within that period.
Each notice of violation shall constitute a separate offense for which a separate fine may be
imposed. License suspensions pursuant to this section shall be imposed by order of the Special
Master finding that an offense warranting suspension has occurred.
(b) A violator who has been served with a notice of violation shall elect either to:
(1) Pay the civil fine in the manner indicated on the notice; or
(2) Request an administrative hearing before a special master to appeal the decision
of the code inspector that resulted in the issuance of the notice of violation.
(c) The procedures for appeal of the notice of violation shall be as set forth in sections 102-
384 and 102-385. A courtesy mail notice shall be provided to the complainant of any
hearing regarding the notice of violation, and the complainant may testify at such
hearings. Failure to give such notice shall not be a cause for continuance or cancellation
of any scheduled hearing of the matter.
(d) If the named violator after notice fails to pay the civil fine or fails to timely request an
administrative hearing before a special master, the special master shall be informed of
such failure by report from the code inspector. Failure of the named violator to appeal the
decision of the code inspector within the prescribed time period shall constitute a waiver
of the violator's right to administrative hearing before the special master. A waiver of the
right to an administrative hearing shall be treated as an admission of the violation and
penalties may shall be assessed accordingly.
( e) Any party aggrieved by the decision of a special master may appeal that decision to a
court of competent jurisdiction as provided in F .s. 9 162.11 section 30-77 of this Code.
(f) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines. A certified copy of an order imposing a civil fine may be recorded
in the public records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the personal property, but
shall not be deemed to be a court judgment except for enforcement purposes. After two
months from the filing of any such lien that remains unpaid, the city may foreclose or
otherwise execute on the lien.
(g) As an alternative or additional means of enforcement, the city may institute proceedings
to revoke or suspend an occupational license and/or certificate of use or seek injunctive
relief as set forth in section 46-158. Furthermore, in cases of recurring habitual violations,
the code inspector City Manager or his designee may issue a citation an administrative
complaint for prosecution before the special master suspension or revocation of an
occupational license and certificate of use as provided in this chapter '.",herein Section
102-383, upon a finding of violation by the special master independent hearing officer, an
per diem fine occupational license suspension or revocation shall may be imposed. A
violation shall be considered recurring habitual when a person or entity has received three
more than seven notices of violation within a period of eRe twelve month~.
(h) In addition to the above. a violation of this section shall be punished by imprisonment not
to exceed 60 days or by imposition of a fine not to exceed $500.00 or both.
(i) Nothing herein shall restrict the powers and authority granted to the various boards and
committees of the city including the imposition of conditions and sanctions not
specifically enumerated in this article.
(Ord. No. 95-2982, 9 2(24-8), 3-22-95)
Sec. 46-160. Nuisance.
Any violation of this article shall constitute a nuisance. The city attorney may bring suit on
behalf of the city, or any affected citizen may bring suit in his name, against the person or
persons causing or maintaining the violation, and against the owner/agent of the building or
property on which the violation exists. Relief may be granted according to the terms and
conditions ofF.S. 960.05, relating to abatement of nuisances, or pursuant to section 46-159. In
any such action, the city or affected citizen, if the prevailing party, shall be awarded costs,
including reasonable attorney's fees.
(Ord. No. 95-2982, 9 2(24-9), 3-22-95)
Sec. 46-161. Motor vehicle alarms.
(a) Definition. The following term shall have the following meaning for purposes of this
section: "alarm system" shall mean a motor vehicle siren or horn alarm system contained
in or appurtenant to a motor vehicle, designed to activate and sound in the event of a
break-in or attempted break-in ofthe vehicle.
(b) It shall be unlawful for any motor vehicle equipped with an alarm system to activate and
emit a siren or horn noise, audible at a distance of 100 feet intermittently or continuously
within a period in excess of 30 minutes between the hours of 11 :00 p.m. and 7:00 a.m.
Any person who has custody of any such offending motor vehicle shall be deemed in
violation of this section.
(c) A violation of this section on the public streets or areas within the city is hereby declared
a public nuisance which may be abated by the removal of such vehicle upon authorization
of a law enforcement officer. Prior to removing such vehicle, the law enforcement officer
shall afford the owner or custodian of such vehicle the opportunity to disconnect or
deactivate the alarm system at the scene. Otherwise, the vehicle shall be removed to an
authorized facility. The law enforcement agency shall ascertain the name and address of
the registered owner of such vehicle and provide written notice by certified mail, return
receipt requested, within 24 hours of such removal, the reason(s) for the removal, and the
place where such vehicle has been removed. The fees assessed for the removal of the
vehicle may be appealed by filing a complaint in the county court and posting with the
court a cash or surety bond or security equal to the amount for the removal and/or storage
of the vehicle to ensure the payment of such in the event the owner or custodian of the
vehicle does not prevail.
(d) A violation of this section on private property shall cause the person who owns or has
custody of the offending vehicle to be fined $50.00 Any duly designated law enforcement
officer and/or code enforcement officer is authorized and empowered to enter without
force upon private property in order to detect and issue a citation or notice of violation to
and upon the owner or custodian of the offending motor vehicle. The citation or notice of
violation may be appealed in accordance with the procedures set forth in chapter 30 of
this Code.
(e) It shall not be a violation of this section if it is determined by the law enforcement officer
and/or code enforcement officer that the siren or horn noise has been triggered by the
unauthorized opening of the hood, truck or door(s) of the vehicle, by the breaking or
attempted breaking of a window or by lightning, thunderstorms, or severe weather
conditions.
(Ord. No. 98-3157, S 1, 12-2-98)
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