Ordinance 2021-4389 2021-4389
Chapter 46- Noise Exemptions
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-157, ENTITLED
"EXEMPTIONS," TO MODIFY IDENTIFIED EXEMPTIONS FROM
THE PROHIBITION ON UNNECESSARY AND EXCESSIVE
NOISE SET FORTH IN SECTION 46-152; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, City Code Section 46-152 provides that "[i]t shall be unlawful for any person
to make, continue or cause to be made or continued any unreasonably loud, excessive,
unnecessary or unusual noise," and, further, identifies a list of acts that are "declared to be
unreasonably loud, excessive, unnecessary, or unusual noises"; and
WHEREAS, City Code Section 46-157, entitled "Exemptions," enumerates uses and
activities that "shall not constitute unnecessary and excessive noises prohibited in section 46-
152," including the following:
(11) Live or amplified sound projecting east of the east property line
from each property from 1st Street to 5th Street on the east side of
Ocean Drive, from 9th Street to 11th Street on the west side of
Ocean Drive, from 15th Street to 73rd Street on the east side of
Collins Avenue,from 73rd to 75th Streets on the west side of Ocean
Terrace, and from 76th to 87th Streets on the east side of Collins
Avenue . . . ; and
WHEREAS, recently, noise disturbances along Ocean Drive, between 9th Street and 11th
Street, have impacted this iconic stretch of the City, and have placed significant demands upon
the City's emergency services, first responders, and code compliance resources; and
WHEREAS,the Mayor and City Commission have identified the need to more effectively
address noise disturbances along this portion of Ocean Drive, which noise disturbances are
predominately generated by radios, televisions, musical instruments, phonographs, and other
machines or devices which produce or reproduce sound; and
WHEREAS, the amendments set forth herein are deemed necessary to protect the public
health, safety and welfare, and to address the actual, material and on-going disruptions caused
by amplified sound in the City by persons or entities violating the Noise Ordinance; and
WHEREAS, this Ordinance will serve to reduce negative impacts of noise to residents,
business operators, and visitors along this iconic stretch of Ocean Drive and in the broader MXE
mixed use entertainment district.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AS FOLLOWS:
SECTION 1. That Section 46-157 of Article IV, entitled "Noise," of Chapter 46, entitled
"Environment," of the Code of the City of Miami Beach, Florida, is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE IV. NOISE
* * *
Sec. 46-157. Exemptions.
The following uses and activities shall not constitute unnecessary and excessive noises
prohibited in section 46-152:
* * *
(11) Live or amplified sound projecting east of the east property line from each property from
1st Street to 5th Street on the east side of Ocean Drive, from 9th Street to 11th Street
on the west side of Ocean Drive, from 15th Street to 73rd Street on the east side of
Collins Avenue, from 73rd to 75th Streets on the west side of Ocean Terrace, and from
76th to 87th Streets on the east side of Collins Avenue. This exemption shall only apply
to noise that is received in that area located east of the violating property and between
the north and south projections of its property boundaries and where there is no part of
any residential building or structure on any property to the east of the violating property
unless the building or structure to the east is owned by the violator. Any noise received
by a property that is outside of this area shall subject the violator to the enforcement
provisions of this article. Notwithstanding the foregoing, live or amplified sound projecting
east of the east property line from each property from 9th Street to 11th Street on the
west side of Ocean Drive shall only be exempt from the prohibition on unnecessary and
excessive noises in section 46-152 between the hours of 7:00 a.m. and 2:00 a.m. each
day.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
tz
PASSED AND ADOPTED this 13 day of huq/ , 2021. e
Dan Gelber, Mayor
ATTEST: APPRO . a FORM AND
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1411/2sto/2,X21 Rafael E. Granado, Cilerk �� G� .aO ney Lc._ Date
First Reading: December 4, 2020
Second Reading: January 13, 2021
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ItiCORP RATED
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Ordinances-R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: January 13, 2021
10:30 a.m. Second Reading Public Hearing
SUBJECT:CHAPTER 46 - NOISE EXEMPTIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 46 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BYAMENDING
ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-157,
ENTITLED "EXEMPTIONS," TO MODIFY IDENTIFIED EXEMPTIONS
FROM THE PROHIBITION ON UNNECESSARY AND EXCESSIVE NOISE
SET FORTH IN SECTION 46-152; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND/HISTORY
On July 29, 2020, the City Commission referred a discussion item to the Land Use and
Sustainability Committee pertaining to Land Use Regulations specific to Ocean Drive and the
Mixed-Use Entertainment (MXE) Area (item C4I). This item was sponsored by Mayor Dan
Gelber and co-sponsored by Commissioner Steven Meiner.
This item, as well as a more global discussion on Ocean Drive and the surrounding area, was
discussed at a special workshop of the LUSC on September 17, 2020. On October 20, 2020
the LUSC discussed the proposed amendment to chapter 46 and recommended that the City
Commission not move forward with the proposal to remove the current noise exemption along
Ocean Drive from 9th to 11th Street.
Following the October 20, 2020 LUSC meeting, the Ordinance has been amended, at the
request of the sponsor, to provide that noise projecting east along Ocean Drive from 9th to 11th
Street shall only be exempt from the Noise Ordinance until 1:00 a.m.each day.
ANALYSIS
The MXE district regulations were developed in the early 1980s, as part of the first master plan
for Ocean Drive from 5th to 15th Streets. These regulations were intended to incentivize the
replacement of dated apartment regulations with active uses that incentivized hotel uses. In
addition to the code regulations adopted, the physical make-up of the street was modified
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dramatically by introducing wider sidewalks and significantly improving Lummus Park.
These City sponsored changes coincided with the placement of the Miami Beach Architectural
District on the National Register of Historic Places in 1979. The placement of the Architectural
District on the National Register was significant, because at that time it was the first National
Register nomination consisting solely of 20th century architecture. More importantly, the
National Register nomination set forth a path leading to local historic designation and the
creation of a unique brand for Miami Beach,which is still known worldwide today.
The original intent of the MXE district regulations was to foster the renovation, restoration and
preservation of the historic buildings in the district. Café, entertainment, restaurant and retail
uses were required to be accessory to hotel or residential uses. Exceptions to this were made
for buildings fronting Collins Avenue, as well as buildings that were two (2) stories or less on
Ocean Drive. The widening of the sidewalk provided an opportunity for sidewalk seating to
engage and interact with seating on private property and become a mechanism for people
watching and experiencing the architecture of the district, as well as the natural environment
across the street in Lummus Park.
While exceeding expectations, over the past decade Ocean Drive, and the larger MXE district,
have experienced increasing challenges associated with alcoholic beverage and entertainment
uses, all of which were intended to be subordinate to the main use of residential or hotel. To
rediscover the beauty and intent of the National Register Architectural District, a re-focus on
district priorities has been recommended. This will entail a multi-prong approach, including
updating regulations, incentivizing a renaissance of the original plan for Ocean Drive, stepping
up enforcement, and creating ways to balance vehicular and pedestrian mobility.
The purpose of this amendment to chapter 46 is to further reduce negative impacts of noise
along Ocean Drive. Additionally, the amendment is intended to re-direct the activities of
alcoholic beverage establishments to be substantially contained within private property and not
spill onto the public street and sidewalks. This, in turn, will allow for a better activation of the
street, as well as safe, unencumbered movement.
SUMMARY
After the discussion of the proposed Ordinance at the LUSC, at the request of the item
sponsor, additional modifications have been incorporated into the legislation. Specifically, the
exemption for properties located on the west side of Ocean Drive, from 9th to 11th Streets is
no longer proposed to be repealed. However, noise projecting east of the east property line
from each property between 9th and 11th Streets shall only be exempt until 2:00 a.m. each day.
UPDATE
The subject Ordinance was placed on the November 18, 2020 City Commission agenda and
deferred to December 4, 2020. On December 4, 2020 the Ordinance was approved at first
reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Applicable Area
Page 896 of 1954
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Ordinance
Page 897 of 1954