LTC 114-2020 Combined Noise Report: Quarterly Noise Report Q2-2019 (April - JUne 2019) and Annual Noise Report 2018-2019 (July 2018 - June 2019) MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139,www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
NO. LTC # 114-2020 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members o the City CI mission
FROM: Jimmy L. Morales, City Manager •
DATE: February 18, 2020
SUBJECT: Combined Noise Report:
Quarterly Noise Report Q2-20 (April —June 2019) and
Annual Noise Report 2018-2019 (July 2018 — June 2019)
This Letter to the Mayor and City Commission (LTC) provides noise data and analysis on the Code
Compliance Department's (Code) enforcement efforts regarding the city's noise ordinance. The
analysis includes the quarterly report Q2-2019 (April 1, 2019 - June 30, 2019) and the annual noise
report which reflects data from July 1, 2018 through June 30, 2019. The data presented in this LTC
is submitted in accordance to the requirements established in the 2008 Noise Administrative
Guidelines, which were adopted via resolution and approved on October 7, 2008.
The information provided in this report is based on the data obtained from Energov, the database
utilized by Code to track all cases, including noise complaints. The report includes the following
documentation:
• Attachment A: Detailed data table for all noise cases for Q2-2019.
• Attachment B: Disposition of noise cases presented to, filed for appeal, or scheduled to be
heard at Special Master Hearings for Q2-2019.
• Attachment C: Detailed data table for all noise cases for the period from July 1, 2018 -
June 30, 2019.
I. Summary of Quarter 2 - 2019
During Q2-2019, there were a total of 789 noise cases opened and/or investigated by either Code
or Police. Of these, 103 cases were routed to or addressed by Police during periods that Code does
not operate, 15 cases were canceled by the complainant prior to the Code's arrival, two cases were
deemed not applicable to Code and two cases were duplicates entered in error.
When the above referenced 122 cases are subtracted from the total number of noise investigations,
the result is 667 cases with a disposition. The disposition reflects several possible outcomes
including whether the noise complaint met or failed to meet the noise violation threshold.
Achieving compliance is a principal goal for Code as it relates to the city's noise ordinance.
Compliance is determined after assessment of the complaint by the code compliance officer(CCO)
and it is established that the reported noise level is not excessive, unusual and/or unnecessary. This
determination may be realized because the noise was lowered prior to the CCO's arrival, exemption
was granted by permit, the noise level was not loud or excessive, the noise was not audible at 100
feet after 11 PM or the noise was lowered as a direct result of a violation or warning being issued.
During the rating period, compliance was achieved in 649 of the 667 cases handled by Code
resulting in a compliance rate of 97.3% including the 44 cases achieving compliance by the
LTC: Annual Noise Report 2018-19(July 2018—June 2019)and Q2-2019 Noise Report(April—June 2019)
Page 2 of 3
issuance of a notice of violation or warning.
METHOD OF COMPLIANCE
No Noise Music/Noise After 11PM- Written Warning Exemption Music/Noise
Upon Not Loud nor Not audivle /Violation Granted lowered prior to
Arrival Excessive at 100ft. Issued Code's arrival
(per complainant)
286 175 114 44 22 8
This quarter continues the trend with loud music as the most common type of noise complaint (500
cases, 75.0%) followed by construction noise (106 cases, 15.9%). As it relates to the day of the
week, Saturday continues to be the day with the highest incidents of noise complaints (167 cases,
25.0%).
The analysis for Q2-2019 indicates that of the total 667 cases addressed by Code, 401 (60.1%)were
identified to have taken place in residential areas; 86 (12.9%) took place within the public right-of-
way or on public property. The chart below details this information.
BREAKDOWN OF TOTAL CASES BY TYPE
April 2019-June 2019
Number of Percentage of cases
cases handled by Code
RESIDENTIAL 401 60.1%
COMMERCIAL 180 27.0%
OTHER 86 12.9%
TOTAL 667 100%
Attachment A provides details regarding the location of the noise complaint or proactive assessment,
(e.g. apartment, bar, club, condominium, etc.), as well as noise type (e.g. loud music, construction,
noise, barking dog). The attachment also reflects noise cases by time of day and day of week.
Response time can be a crucial element in responding to noise complaints. The table below provides
the response time by establishment type for Q2-2019. Response time is described as the period
between the time the complaint is received by the Parking Department's Dispatcher and "arrival
time" to the location by a CCO.
AVERAGE TIME FOR CODE OFFICER TO ARRIVE
(April-June 2019)
Establishment Type Number of Average Time for Code
Cases* Officer to Arrive(hh:mm:ss)
Residential 391 0:22:34
Commercial 178 0:18:09
Other 82 0:20:16
All Cases 651 0:21:04
*Awrage Time Calculated using only those cases with valid time data for
both"Time Call Receieed by Dispatch"and"Time of Arrival by Code Officer"
II. Special Master Appeal Hearings (Q2-19�
As required by Chapter 162 of the Florida Statutes, and part of due-process, noise violations are
appealable before a Special Master. Attachment B reflects the resolution and/or status of noise-
related cases appealed as of this reporting period.
LTC: Annual Noise Report 2018-19(July 2018—June 2019)and 02-2019 Noise Report(April—June 2019)
Page 3 of 3
During the evaluation period there were 28 noise-related cases pending appeal before the Special
Master. Of these, 23 had yet to be heard and the dispositions of the remaining five cases are as
follows:
• one case was adjudicated of noncompliance,
• one case was settled with an Agreed Order that affirmed the violation and reduced
the fine, and
• three cases were dismissed by the Special Master.
Ill. Summary of Annual Report Data
During the reporting period for July 1, 2018 through June 30, 2019 a total of 3,796 noise complaint
cases were received. Of the 3,796 total cases, 559 were routed to Police as the request was
received during hours that Code does not operate, 83 were canceled by the complainant, 27 were
determined to not be applicable to Code and 18 cases were duplicates entered in error.
When the above referenced 687 cases are removed from the total number of cases opened the
result is 3,109 cases having been addressed by Code. During the annual evaluation period,
compliance was achieved in 3,000 of the 3,109 cases handled by Code resulting in a compliance
rate of 96.5% including the 263 cases achieving compliance by the issuance of a notice of violation
or warning.
Loud music remains the most common type of noise complaint (2,373 cases, 76.3%) followed by
construction-related noise (492 cases, 15.8%). As it relates to the day of the week, Saturday
continues to be the day with the highest incidents of noise complaints (750 cases, 24.1%).
BREAKDOWN OF TOTAL CASES BY TYPE
July 2018-June 2019
Number of Percentage of
cases handled by
cases Code
RESIDENTIAL 1,843 59.3%
COMMERCIAL 841 27%
OTHER 403 13.0%
UNKNOWN 22 0.7%
TOTAL 3,109 100%
Historically, noise complaints in residentially zoned areas make up more than half of all noise cases.
As illustrated in the chart above, this reporting year continues the trend.
If you require further information, please contact Hernan C. Cardeno, Code Compliance Director at
305.673.7077.
JLM/ 1H43C/4/rfm
Attachments
Attachment A: Noise Case Data, Q2-2019
Attachment B: Special Master Case Result Summary, Q2-2019
Attachment C: Noise Case Data, July 1, 2018-June 30,2019
F:\CODE\$ADM\NOISEWnnual and Q2-2019 Noise LTC\Annual and 02-2019 Report.docx
ATTACHMENT A
Noise Data 04/01/2019 - 6/30/2019 (Q2-2019)
Total Number of Noise Complaint Cases Opened/Calls
Less Voided,Canceled,
Duplicate Complaints,
Total Cases Opened Complaints not Total with
Applicable to or handled Dispositions
by Code Compliance
789 122 667
Breakdown of Notices/Warnings Issued
Verbal 1 2.3%
Written Warning 35 79.5%
Violation 8 18.2%
Totals 44 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 401 60.1%
Commercial 180 27.0%
Other 86 12.9%
Totals 667 100%
Residential=Apt, Condo,Single Family
Commercial=Bar, Club,Hotel,Hotel-Condo,Restaurant,Retail, Construction
Other=Bandshell,Beach,Public Property,etc.
Totals
Establishment Type Number of Cases Percentage of All
Cases
APT 166 24.9%
BAR 24 3.6%
CLUBS 18 2.7%
CONDO 143 21.4%
CONDO-HOTEL 26 3.9%
HOME 92 13.8%
OTHER 86 12.9%
RESTAURANT 69 10.3%
RETAIL 0 0.0%
HOTEL 43 6.4%
UNKNOWN 0 0.0%
Totals 667 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 500 75.0%
LIVE ENTERTAINMENT 1 0.1%
BARKING DOG/ANIMALS 41 6.1%
CROWD NOISE 1 0.1%
CONSTRUCTION 106 15.9%
OTHER 17 2.5%
HONKING CARS/ALARMS 1 0.1%
Totals 667 100%
Call Time of Day/ Day of Week
Day of Week Total 7a-11p 11p7a
(of the following morning)
Monday 74 11.1% 57 8.5% 17 2.5%
Tuesday 59 8.8% 40 6.0% 19 2.8%
Wednesday 48 7.2% 33 4.9% 15 2.2%
Thursday 74 11.1% 38 5.7% 36 5.4%
Friday 106 15.9% 44 6.6% 62 9.3%
Saturday 167 25.0% 84 12.6% 83 12.4%
Sunday 139 20.8% 118 17.7% 21 3.1%
Totals 667 100% 414 62.1% 253 37.9%
Call Time of Day-Establishment Type
Establishment Type Total 7a-11p 11p-7a
(of the following morning)
RESIDENTIAL 401 60.1% 246 36.9% 155 23.2%
COMMERCIAL 180 27.0% 99 14.8% 81 12.1%
OTHER 86 12.9% 69 10.3% 17 2.5%
UNKNOWN 0 0.0% 0 0.0% 0 0.0%
Totals 667 100% 414 62.1% 253 37.9%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice/Warning Issued No Notice/Warning Issued
Anonymous Complainant 417 62.5% 20 3.0% 397 59.5%
Anonymous/Contact made 23 3.4% 6 0.9% 17 2.5%
Contact Information Provided 226 33.9% 17 2.5% 209 31.3%
Proactive 1 0.1% 1 0.1% 0 0.0%
Unknown 0 0.0% 0 0.0% 0 0.0%
Totals 667 100% 44 6.6% 623 93.4%
ATTACHMENT B
Information on Disposition of Cases by Special Master and by Judicial (Q2-2019)
Date of Violation Request Filed Special Master Case Code Case Number Address Name Status
Number
11/03/2017 11/14/2017 SMN2017-00031 NC2017-04895 1330 OCEAN DR Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
11/04/2017 11/14/2017 SMN2017-00030 NC2017-04988 1330 OCEAN DR Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
05/19/2018 05/25/2018 SMN2018-00048 NC2018-07459 1330 OCEAN DR C-17 Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
05/20/2018 05/25/2018 SMN2018-00049 NC2018-07467 1330 OCEAN DR C-17 Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
06/06/2018 06/15/2018 SMN2018-00052 NC2018-07644 7345 BYRON AVE 3 7345 Byron Avenue LLC 4/25/2019 Adjudication of noncompliance. This is the
Petitioner's first offense which carries a fine of$250.00 and is
reduced to$150.00 and paid to the City by May 28,2019.
08/10/2018 08/20/2018 SMN2018-00056 NC2018-08203 1330 OCEAN DR C-51 Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
08/12/2018 08/20/2018 SMN2018-00057 NC2018-08219 1330 OCEAN DR C-51 Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
10/29/2018 11/30/2018 SMN2018-00061 NC2018-08882 720 OCEAN DR 720 OCEAN DRIVE LLC d/b/a THE SM 8/22/2019
PLACE
11/19/2018 11/30/2018 SMN2018-00063 NC2018-09098 551 LINCOLN RD ROW OUNZE CORPORATE LLC d/b/a SM 6/13/19 The appeal is GRANTED. This case is CLOSED and
TAPELIA the$100.00 administrative court cost shall be returned to the
Petitioner.
11/24/2018 11/30/2018 SMN2018-00062 NC2018-09160 860 OCEAN DR 860 OCEAN DRIVE LLC SM 6/23/2019 Agreed Order was entered-Violation Dismissed.
The administrative submitted with appeal shall not be returned.
11/26/2018 11/26/2018 SMN2018-00059 NC2018-09078 235 23 ST MOKAI LOUNGE LLC SM 6/23/2019 Agreed Order was entered-Violation Affirmed.
Fine reduced to$750 to be paid within 30 days or the fine whall
return to the original amount.
11/26/2018 11/26/2018 SMN2018-00060 NC2018-09163 235 23 ST MOKAI LOUNGE LLC SM 6/23/2019 Agreed Order was entered-Violation Dismissed.
The administrative submitted with appeal shall not be returned.
11/29/2018 11/30/2018 SMN2018-00064 NC2018-09208 551 LINCOLN RD OUNZE CORPORATE LLC SM 10/10/2019
12/07/2018 12/12/2018 SMN2018-00065 NC2018-09330 336 21 ST PLYMOUTH HOTEL SM 10/24/2019
01/13/2019 01/16/2019 SMN2019-00066 NC2019-09857 1131 COLLINS AVE BALKAN FLORIDA,LLC d/b/a RAKIJA SM 9/12/2019
LOUNGE
02/06/2019 02/12/2019 SMN2019-00067 NC2019-10157 309 23 ST MMPB GROUP d/b/a VILLA AZUR RE:SM 9/12/2019
02/22/2019 03/04/2019 SMN2019-00069 NC2019-10346 720 OCEAN DR 720 OCEAN DRIVE LLC d/b/a THE SM 9/12/2019
PLACE
02/23/2019 03/04/2019 SMN2019-00068 NC2019-10348 826 OCEAN DR 826 OCEAN DRIVE LLC,d/b/a PELICAN SM 9/12/2019
03/12/2019 03/18/2019 SMN2019-00070 NC2019-10539 1330 OCEAN DR C-17 Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
03/20/2019 03/26/2019 SMN2019-00072 NC2019-10648 1330 OCEAN DR C-17 Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
03/22/2019 03/26/2019 SMN2019-00071 NC2019-10685 1330 OCEAN DR C-17 Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
04/09/2019 04/18/2019 SMN2019-00074 NC2019-10958 1614 ALTON RD 1212 LINCOLN LLC,AARP 1600 MIAMI SM 09/12/2019
LLC
04/14/2019 04/18/2919 SMN2019-00073 NC2019-110055 1330 OCEAN DR Twin 918,LLC SM 11/14/19(Indefinitely continued pending litigation)
04/26/2019 04/26/2019 SMN2019-00075 NC2119-11043 210 23 ST KLIMA LLC dba Mandrake SM 12/12/2019
04/27/2019 05/02/2019 SMN2019-00076 NC2019-11117 1614 ALTON RD PLAZA CONSTRUCTION SM 9/12/2019
05/22/2019 05/23/2019 SMN2019-00077 NC2019-11366 1614 ALTON RD PLAZA CONSTRUCTION SM 10/10/2019
06/04/2019 06/04/2019 SMN2019-00078 NC2019-10987 1600 ALTON RD PLAZA CONSTRUCTION SM 12/12/2019
06/24/2019 06/28/2019 SMN2019-00079 NC2019-11612 1614 ALTON RD 1212 LINCOLN LLC SM 10/10/2019
ATTACHMENT C
Noise Data 07/01/2018 - 06/30/2019 (Annual)
Total Number of Noise Complaint Cases Opened/Calls Received
Less Cases handled by MBPD,
Voided,Canceled,Duplicate Total Cases Handled by
Total Cases Opened Complaints,Complaints not
Applicable to or handled by Code Code
Compliance
3,796 687 3,109
Breakdown of Notices/Warnings Issued
Verbal 3 1.1%
Written Warning 200 76.1%
Violation 60 22.8%
Totals 263 100%
Noise Cases by Type of Establishment
Totals
Establishment Type Number of Cases Percentage of All
Cases
Residential 1,843 59.3%
Commercial 841 27%
Other 403 13.0%
Unknown 22 0.7%
Totals 3,109 100%
Residential=Apt, Condo,Single Family
Commercial=Bar,Club,Hotel,Hotel-Condo,Restaurant,Retail, Construction
Other=Bandshell,Beach,Public Property,etc.
Totals
Establishment Percentage of All
Number of Cases
Cases
APT 827 26.6%
BAR 110 3.5%
CLUBS 121 3.9%
CONDO 565 18.2%
CONDO-HOTEL 94 3.0%
HOME 451 14.5%
OTHER 403 13.0%
RESTAURANT 261 8.4%
RETAIL 4 0.1%
HOTEL 251 8.1%
UNKNOWN 22 0.7%
Totals 3,109 100%
Noise Cases by Noise Type
Noise Type Totals
LOUD MUSIC 2,373 76.3%
•
LIVE ENTERTAINMENT 14 0.5%
BARKING DOG/ANIMALS 194 6.2%
CROWD NOISE 2 0.1%
CONSTRUCTION 492 _ 15.8%
OTHER 26 0.8%
HONKING CARS/ALARMS 8 0.3%
Totals 3,109 100%
Call Time of Day/Day of Week
lip-7a
Day of Week Totals 7a-11p
(of the following morning)
Monday 353 11.4% 233 7.5% 120 3.9%
Tuesday 285 9.2% 196 6.3% 89 2.9%
Wednesday 301 9.7% 204 6.6% 97 3.1%
Thursday 363 11.7% 194 6.2% 169 5.4%
Friday 557 17.9% 237 7.6% 320 10.3%
Saturday 750 24.1% 355 11.4% 395 12.7%
Sunday 500 16.1% 411 13.2% 89 2.9%
Totals 3,109 100% 1830 58.9% 1279 41.1%
Call Time of Day-Establishment Type
Establishment Type Totals 7a-11p 11p-7a
(of the following morning)
RESIDENTIAL 1,843 59.3% 1097 35.3% 746 24.0%
COMMERCIAL 841 27.1% 434 14.0% 407 13.1%
OTHER 403 13.0% 286 9.2% 117 3.8%
UNKNOWN 22 0.7% 13 0.4% 9 0.3%
Totals 3,109 100% 1,830 58.9% 1,279 41.1%
Breakdown of Calls with Identified Complainants and with Anonymous Complainants
Complainant Type Total Cases Notice/Warning Issued No Notice/Warning Issued
Anonymous Complainant 1875 60 3% 93 3.0% 1782 57.3%
Anonymous/Contact made 138 4.4% 41 1.3% 97 3.1%
Contact Information Provided 1066 34.3% 121 3.9% 945 30.4%
Proactive 8 0.3% 7 0.2% 1 0.0%
Unknown 22 0.7% 1 0.0% 21 0.7%
Totals 3,109 100% 263 8.5% 2846 91.5%