2008-26857 ResoRESOLUTION NO. 2008-26857
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ADOPTING ADMINISTRATIVE GUIDELINES
FOR THE ADMINISTRATION OF ARTICLE IV ENTITLED
"NOISE" OF CHAPTER 46 ENTITLED "ENVIRONMENT,"
OF THE MIAMI BEACH CITY CODE AS PROVIDED FOR
IN SECTION 46-162 THEREIN.
WHEREAS, a report titled "Analysis of Noise Ordinance Implementation,"
dated April 14, 2008, submitted by the city manager to the members of the City's
Land Use and Development Committee identified operational practices that
would improve the effectiveness of the administration, implementation, and
enforcement of the City's Noise Ordinance codified in Article IV of Chapter 46 of
the City Code; and
WHEREAS, a report titled "Follow-up -Noise Ordinance Implementation,"
dated May 12, 2008, submitted by the city manager to the members of the Land
Use and Development Committee recommended administrative guidelines for
Noise Ordinance implementation versus formal regulation, and indicated that it
would be appropriate for such guidelines to be adopted by resolution of the City
Commission; and
WHEREAS, a majority vote of the members of the Land Use and
Development Committee at its May 12, 2008 meeting considered it desirable and
proper that administrative guidelines for the administration of the Noise
Ordinance be adopted by resolution of the City Commission; and
WHEREAS, the adoption of guidelines for the administration of the Noise
Ordinance would enhance the transparency, reliability, and accountability of
noise ordinance enforcement practices; and
WHEREAS, on July 16, 2008, the City Commission adopted Ordinance
No. 2008- ,creating Section 46-162 of Article IV, entitled "Noise" of
Chapter 46 entitled "Environment" of the Miami Beach City Code, to provide that
the city manager is authorized to establish policies and procedures consistent
with Article IV and the Administrative Guidelines approved by separate resolution
of the City Commission, as may be amended from time to time by resolution of
the City Commission; and
WHEREAS, the Administrative Guidelines attached hereto as Exhibit A,
and incorporated herein by reference, set forth procedures that will improve the
effectiveness and implementation of the City's Noise Ordinance.
NOW THEREFORE, BE IT DUL'
CITY COMMISSION OF THE CITY OI
Mayor and City Commission hereby
Administrative Guidelines for the
enforcement of Article IV entitled "Noise"
the Miami Beach City Code.
2008.
PASSED and ADOPTED this
ATTEST:
CITY CLERK
Robert Parcher
~( RESOLVED BY THE MAYOR AND
= MIAMI BEACH, FLORIDA, that the
approve and adopt the attached
administration, implementation, and
of Chapter 46 entitled "Environment" of
16th
day of July
MA OR
Matti Herrera Bower
~ovea~sro
f~M a L~NCiUA~E
d FOR EXEpJ110N
7 1 c~
F:\atto\TURN\RESOS\NoiseOrd -Resolution Adopting Guidelines 2008.doc
COMMISSION ITEM SUMMARY
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A Resolution Of The Mayor And City Commission Of The City Of Miami Beach Florida Adopting Administrative Guidelines For
The Administration Of Article IV Entitled "Noise" of Chapter 46 Entitled "Environment," Of The Miami Beach City Code As
Provided For in Section 46-162 Therein.
Key Intended Outcome Supported•
Increase resident satisfaction with the level of code enforcement
Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Satisfaction Survey, 26% of the residents
citywide rated the amount of noise in their neighborhoods as too much or much too much.
Iee~ ~e•
~~IV M~i•
Shall the Mayor and City Commission approve the attached Administrative Guidelines for the implementation of Article IV of
Chapter 46 Of The Miami Beach City Code Entitled "Environment?"
Item Summary/Recommendation:
While recent adjustments to the implementation and enforcement of the noise ordinance have resulted in an increased
number of identified complainants, an increased number of verbal warnings, and higher ratio of cases opened resulting in
valid dispositions, it has been recommended that amendments to the noise ordinance be considered, as well as the
development of administrative guidelines. Such administrative guidelines are intended to provide general guidance in the
implementation of the City's noise ordinance. Following Committee review and Commission consideration, it was requested
that the administrative guidelines include, among other things: exemptions under certain conditions for private users of
municipal facilities; clarification on who shall beheld jointly and severally liable for noise violations; how noise cases should be
generally documented, investigated and processed; and requirements for reporting. These guidelines were distributed to
representative stakeholders for input and were discussed at the Neighborhoods/Community Affairs Community on July 2,
2008.
-avlsory Isoara rcecommenaazwn:
A report on the implementation of the Noise Ordinance was discussed at the April 14, 2008 Land Use/Development
Committee. At the direction of the Committee, afollow-up reportwas discussed on May 12, 2008, and proposed amendments
to the ordinance were approved and forwarded for commission consideration. On May 14, 2008, the Commission approved
the proposed amendment on first reading, including a daytime rebuttable presumption for plainly audible noise. However, the
ordinance was referred to the LUDC for review of the administrative guidelines. At the June 9, 2008 LUDC, the Committee
made further adjustments to the administrative guidelines and forwarded the guidelines for Commission consideration. The
administrative guidelines were considered by the Neighborhoods/Community Affairs Committee again on July 2, 2008, with
recommendations made to language regarding who should be held responsible for compliance.
F i na nr_ is I 1 nfnrma+inn
Source of Funds: Amount Account
1 N/A
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Hilda Fernandez
Department Director ; ~ ~ ,'lss~lstari~City ~lla~ger ~ ^ City Manager
AGENDA ITEM ' \~~
,~ 1'~ I AM I ~ EAR H DATE ~"~ `~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 16, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH FLORIDA ADOPTING ADMINISTRATIVE GUIDELINES FOR
THE ADMINISTRATION OF ARTICLE IV ENTITLED "NOISE" OF CHAPTER 46
ENTITLED "ENVIRONMENT," OF THE MIAMI BEACH CITY CODE AS
PROVIDED FOR IN SECTION 46-162 THEREIN.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
In January, 2008, a report was provided to the Commission on the first 18-months of
implementation of the Noise Ordinance. At the April 14, 2008 Land Use and Development
Committee (LUDC) ,the committee was provided a comprehensive report relating to the
analysis conducted by staff of all of the invalid noise cases closed during the first 18-month
implementation of the City's Noise ordinance. While recent adjustments to the
implementation and enforcement of the noise ordinance have resulted in an increased
number of identified complainants, an increased number of verbal warnings, and higher ratio
of cases opened resulting invalid dispositions, it has been recommended that amendments
to the noise ordinance be considered, as well as the development of administrative
guidelines. Such administrative guidelines are intended to provide general guidance in the
implementation of the City's noise ordinance. Following Committee review and Commission
consideration, it was requested that the administrative guidelines include, among other
things: exemptions under certain conditions for private users of municipal facilities;
clarification on who shall be held jointly and severally liable for noise violations; how noise
cases should be generally documented, investigated and processed; and requirements for
reporting. These guidelines were discussed at the June 9, 2008 Land Use and Development
Committee meeting. Recommendations were made and incorporated. During the first
reading of the proposed noise ordinance amendments on June 25, 2008, the Commission
referred the administrative guidelines to the Neighborhoods/Community Affairs (NCA)
Committee for further review prior to placement on the commission agenda for approval. The
proposed guidelines were distributed to interested persons for input prior to the meeting. The
item was heard by the NCA on July 2, 2008, at which time there was significant discussion
regarding certain proposed sections of the guidelines. These included:
• whether the term "good faith" should be used ;
• providing language that did not raise any questions about a complainant's decision
not to identify themselves;
• language to allow code officers to show the violators the street address from which
the violation was observed, to assist violators in making necessary corrections ;
Commission Memorandum
Administrative Guidelines -Noise Ordinance
Page 2 of 2
• language to address who has responsibility for compliance;
• language regarding technical assistance for businesses; and
• language to address the application of the administrative guidelines.
At the July 2, 2008 Neighborhoods/Community Affairs Committee, the Committee voted to
remove the technical assistance language, and directed staff to change the language
relating to responsibility for compliance. In response to concerns raised by the hotel industry,
it was concluded that hotel guests (or condominium hotel guests) would not be the primary
responsible party for any violations from a hotel room or condo-hotel room. Language to
address these concerns has been incorporated, and provides for a violation for a hotel or
condo-hotel guest only if a violation has already been issued to the hotel or condo hotel in
the last 24 hours for the same hotel room, and a subsequent, valid noise complaint has
been made about the same hotel orcondo-hotel room. Additional adjustments were made to
reflect other comments from the Committee.
CONCLUSION
The proposed administrative guidelines that will be incorporated by reference in the noise
ordinance amendment provides a mechanism for ensuring consistency in the
implementation of the ordinance. Amendments to the administrative guidelines can be made
through resolution in the future.
JMG\hmf
T:WGENDA~2008Wu1y 161Regular\Noise Ordinance Admin Guidelines Memo.doc
EXHIBIT A
ADMINISTRATIVE GUIDELINES
Chapter 46 Environment
Article IV Noise
Section
I. Purpose and Intent
II. Entities Responsible for Enforcement
III. Documenting Noise Cases
IV. Processing Noise Complaints -Call Taking
V. Assigning Noise Complaints
VI. Investigating a Complaint
VII. Data Entry and Processing
VIII. Exemptions from Noise Ordinance -Activities on or in Municipal/Publicly Owned Facilities
IX. Responsibility for Compliance
X. Reporting
XI. Technical Assistance
XII. Revisions, Amendments or Deletions to Administrative Guidelines
XIII. Application of Administrative Guidelines
I. Purpose and Intent
These guidelines are intended to eesere facilitate the efficient, effective and consistent implementation of
Article IV, Noise, of Chapter 46, Environment,, of the City Code.
II. Entities Responsible for Enforcement
1) The Code Compliance Division, or such other organizational unit of the City that is assigned
that responsibility, shall be the entity primarily responsible for the enforcement of this Article
of the City Code.
2) The Police Department shall enforce this Article of the City Code as may be requested or
required.
III. Documenting Noise Cases
1) The City of Miami Beach will establish a telephone number that is used for complainants to
report a noise complaint.
2) Code compliance officers or police officers may initiate a noise case proactively on patrol
subject to the provisions of Section 46-158(b). [Code compliance officers, police officers, and
other employees or agents of the city authorized to investigate noise complaints are referred
to in these Guidelines as "code inspectors", as defined in Section 46-151.]
3) The City will establish and maintain a database to capture information on all noise cases
opened in the City. Such database shall
i. Provide a tracking number for each noise case created.
ii. Allow for the capturing of information relating to the noise case and the disposition of the
case.
IV. Processing Noise Complaints
1) At the time of the call, the call taker shall provide the complainant with a noise case tracking
number to be applied to all records and reports of the complaint and all subsequent
proceedings on the complaint.
2) At the time that a noise complaint or referral is received, the call taker will make a Qeed-~ait~-
reasonable effort to capture and enter all pertinent information into the database complaint
entry screen, including but not limited to:
2
i. Information about the location that is the source of the alleged noise violation (e.g.
residential, commercial, building, intersection, etc.), and/or the address, if known.
ii. The complainant's name, address, and telephone number.
3) The call taker shall request the complainant to allow access by the responding code
inspector to the complainant's premises, or on or about the complainant's premises, or to
accompany the code inspector to the location from which the complainant observed the
alleged noise violation.
i. The call taker shall advise the complainant that at4 such information; and access, a~
may ass assist in the -te investigation ofe
the complaint, but is not required for there to be an investigation of the noise complaint.
ii. If a complainant declines to provide his /her name, address and/or
other identifying data, the call taker shall request that the complainant provide, if
appropriate, his or her building address, building name or other identifying information
that will assist the code inspector in #is~erthe investigation.
4) The call taker will enter the information obtained into the database and proceed to the next
step in the complaint procedure.
V. Assigning Noise Complaints
1) A Code Inspector shall be dispatched to the location that is the source of the complaint,
and/or the address, if known.
2) Cases, conditions or complaints that may involve an immediate or serious health, life or safety
issue /hazard, or when there is no Code Compliance Officer on-duty or available, are to be
referred by the call taker or dispatcher to the Police Department.
VI. Investigating a Complaint
1) In cases where there is an identified complainant who has authorized access to his or her
premises, or agreed to accompany the code inspector to the place from which the
complainant observed the alleged noise violation, the code inspector shall visit the
complainant's premises, or accompany the complainant to the place from which the
complainant observed the alleged noise violation, or contact the complainant in the manner
requested by the complainant.
2) In cases where there is no identified complainant (e.g. anonymous), or the complainant does
not wish to allow access to a code inspector to his or her premises, or accompany the code
inspector to the location from which the complainant reported to have observed the alleged
noise violation, the code inspector shall investigate the noise complaint from the exterior of
the complainant's location, if that information has been provided or is otherwise available.
3) The responding inspector or officer, administrator, call taker or dispatcher shall not, before
investigating the complaint, advise or alert any person who is in any way connected with the
premises identified as the source of the sound that is the subject of the complaint, that a
complaint has been made and/or that a code inspector has been dispatched to investigate.
4) Should a code inspector observe a violation of the noise ordinance, the code inspector shall
.issue the applicable oral warning, written warning and/or notice of violation, or courtesy
copies thereof, to each person or entity with responsibility for management of the premises
and, if ffess+t3leapplicable, to each other person and business responsible for the violation as
set forth in section 46-153 and 46-158(a) and Administrative Guidelines Section IX.
5) After complying with any applicable guidelines of this section, and whenever possible and as
a courtesy to the violator to assist the violator in correcting noise-producing activities, the
code inspector may also offer to accompany the violator to the ~ street address from
which the code inspector observed the violation.
VII. Data Entrv and Processing
1) The code inspector shall enter all noise complaint information into the noise case database,
including a narrative description of his/her investigation, containing the following information:
3
i. All appropriate identifying information, including without limitation, the date and time of
the alleged violation;
ii. the place of the alleged violation;
iii. a description of the alleged violation;
iv. to the extent reasonably obtainable at the time of the code inspector's investigation and
the preparation of the code inspector's report, the names and addresses of all persons
and entities identified in code Section 46-153 relative to the premises of the alleged
violation;
v.
Whether or not there was a
complainant and if there was a complainant whether or not the complainant reauested
to be contacted was contacted by the code inspector and the result of that contact;
vi. An identification of each of the approximate distances from which the code inspector
determined whether an oral warning, written warning, or notice of violation should be
issued, with such identification of approximate distances to be made, if applicable, with
specific reference to the 100-foot distance described in Chapter 21 County Code,
Section 21-28(b), concerning certain violations which occur between the hours of 11:00
p.m. and 7:00 a.m.; and
vii. A statement of the facts on which the Code inspector concluded that there was or was
not a violation.
viii. If the code inspector concludes that there was a violation, the names (and, if
available, the addresses) of all persons and entities to whom the code inspector
issued an oral warning, written warning, notice of violation, or courtesy notice.
2) In cases where a noise complaint has been investigated by a police officer, the police officer
shall complete the appropriate reporting form and forward to the Code Compliance Division
for processing, issuance of the appropriate violation, and entry into the noise case database.
The reporting form shall include the noise case tracking number and a narrative description of
the police officer's observation of the complaint.
3) If applicable, and to the extent practicable, the code inspector shall describe the amplification
equipment and/or musical instrument(s) producing the sound, their location on the premises
and the person(s) operating the devices.
VIII. Exemptions from Noise Ordinance -Activities on or in Municipal/Publicly Owned
Facilities.
1) As provided in section 46-157(4), activities on or in municipal/publicly owned facilities shall
not constitute a violation of section 46-152 if an exemption has been approved by the City
Manager or his designee under the following circumstances:
i. The applicant has met all of the requirements for obtaining authorization for use of the
facility through a facility rental agreement and/or such other rental agreement as may be
authorized by the City.
ii. The applicant has established that the activity cannot be performed in compliance with
section 46-152 and, as such, has requested an exemption from section 46-152.
iii. The applicant has not violated any conditions of an exemption that has been previously
granted.
2) Such exemption shall be subject to conditions, as may be appropriate, which may include, but
not be limited to the following, to respond to the specific nature, duration (e.g., hours, days)
and intensity of the event:
i. Notification to residents within 375 feet of the location;
ii. Review by the appropriate Neighborhood Association and/or Business Association;
iii. Review by the City of the type of sound amplification equipment to be used, the volume
control and limitations, and the anticipated direction of the noise, and imposition of such
conditions the City deems appropriate to mitigate noise impacts;
4
1. A limitation on what time of day the event may begin/end;
2. A limitation on what day of the week the event may be held;
3. A limitation on the total number of attendees;
4. The precise manner by which the noise ordinance may be exceeded (e.g. for
only a limited duration during an event of longer duration, etc.);
3) Any conditions imposed shall be incorporated into the facility rental agreement and/or such
other rental agreement for the municipal facility.
4) In the event there is a failure by the applicant to comply with any condition for an exemption,
and a violation of section 46-152 occurs, the exemption shall be voided and the applicant
shall be subject to the applicable enforcement; notice of violation; and fine and penalty for
violation; as provided for in Article IV.
5) The City may revoke any exemption provided to an applicant for an event at a
municipal/publicly owned facility, if it is deemed to be in the best interest of the City.
IX. Responsibility for Compliance
Should a code inspector observe a violation of the noise ordinance, the code inspector shall issue
the applicable oral warning, written warning, notice of violation, or courtesy copies thereof to each
person and entity "owning or having responsibility for management" of the premises where the
violation occurred in accordance with Sections 46-153 and 46-158(a). Aie~a~y~For purposes
of issuing such warnings, notices of violation, and courtesy copies to persons and entities having
responsibility for management of the premises where the violation occurred, responsibility for
management shall include, but not be limited to:
1) Apartments:
a. the apartment unit tenant/ or occupant causing the noise violation; and
b. the apartment building's era-s+te-management companyl if on-site in which case a
courtesy notice of the violation shall be provided to the business tax receipt holder for
the apartment building; or,
c_in the event there is no management company on-site, the business tax receipt holder
for the apartment building.
2) Commercial businesses:
a. the business tax receipt holder for the business causing the noise violation; If the
business tax receipt holder for the business causing the noise violation is not the
owner of the building where the business is located, a courtesy notice of the violation
shall be provided to the owner of the building where the business is located; and
b. the management company for the building in which the business is located, if on-site.
3) Hotel ande~ Condominium-hotels:
a. the hotel's or condominium-hotel's-mss management company if there is an on-site
management company, in which case a courtesy notice of the violation shall be
provided to the businsess tax receipt holder for the hotel or condominium-hotel unit;
b. If there is no management company on-site, the business tax receipt holder for the
hotel or condominium-hotel unit:
c. If a second noise complaint is received for noise from a hotel room or condominium-
hotel room that has been the subiect of a noise complaint in the prior 24-hours, and
the complaint is valid, then a violation will also be issued to the hotel room guest or
condominium-hotel room guest, in addition to any additional violation issued to the
hotel's or condominium-hotel's management company on-site, or business tax receipt
holder for the hotel or condominium-hotel if there is no management company on-site.
4) Single Family homes:
a. the owner of the single family home; and
b. the tenant orb occupant, if the tenant/ or occupant is not the owner of the single family
home.
5
5) Condominiums:
a. the owner of the condominium unit;
b. the tenant or the occupant of the condominium unit if the tenant or occupant is not the
owner of the condominium unit, in which case a courtesy notice of the violation shall
be provided to the owner of the condominium unit; and
c. the condominium's management company if on-site.
X. Responsibility for reporting
1) The city manager shall file reports on the implementation of the noise ordinance with the city
commission twenty (20) days following the end of each calendar quarter and annually on or
before April 30 for the preceding year ending March 31, which annual report shall compare
data from year to year, Such reports shall include, but not be limited to:
i. Total number of noise complaint calls received
ii. Total number of noise cases opened
iii. Classification of noise cases (oral warning, written warning, valid, not valid)
iv. Noise cases by type (commercial, residential)
v. Time of day, day of week of call
vi. Breakdown of calls with identified complainants and with anonymous complainants
vii. Exemptions granted by date, type, location, and applicant
viii. Information on disposition of cases by special master and by judicial appeal
ix. Any additional information that the City Manager deems is of interest or relevance to the
review of the implementation of the ordinance
2J The city manager shall, with each report, provide observations and recommendations relating
to the implementation of the noise ordinance.
~XI. Revisions, Amendments or Deletions to Administrative Guidelines
Any revisions, amendments or deletions to these Administrative Guidelines shall be approved by
a resolution of the City Commission.
~XII. Application of Administrative Guidelines:
These guidelines are intended to
facilitate the efficient, effective and consistent implementation of the noise ordinance. Failure to
comply with th provisions set forth in these Administrative
Guidelines shall not impair or invalidate any proceeding r prosecution under the
noise ordinance.-
Rev_ 7 10 08