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Home My WebLink AboutO-13941City of Miami op Legislation �a�lldl 11 li.RR �I + Ordinance: 13941 File Number: 8049 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/19/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NOISE"; MORE PARTICULARLY, BY AMENDING SECTION 36-4, TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS —GENERALLY; EXEMPTION", TO PROVIDE FOR THE PROHIBITION OF OUTDOOR MUSIC BETWEEN THE HOURS OF 10:00 P.M. AND 8:00 A.M. THE FOLLOWING DAY IN AREAS THAT SHARE A PROPERTY LINE WITH ANY PROPERTY THAT HAS A RESIDENTIAL USE AND PROVIDING AN EXEMPTIONS FOR ESTABLISHMENTS WHICH ARE REASONABLY LESS LIKELY TO CAUSE NOISE POLLUTION THAT WILL AFFECT SURROUNDING RESIDENTIAL PROPERTIES AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Joe Carollo WHEREAS, outdoor music after certain night-time hours affects the quality of life for residents living in adjacent properties and throughout the adjacent neighborhoods; and WHEREAS, outdoor noise has a negative effect on the ability for all residents in the immediate area, especially the elderly and low-income residents, to have a restful night's sleep; and WHEREAS, residents in the immediate area feel trapped in their own homes at the nightly deluge of music invading their private bedrooms not allowing them to sleep; and WHEREAS, limiting the times music or other noises are played will not have an impact on the businesses in the area as the businesses will be allowed to remain open with limited emanation of noise; and WHEREAS, it is in the best interest of the City of Miami ("City") and its residents that Section 36-4 of the Code of the City of Miami, Florida, as amended ("City Code"), be further amended to prohibit outdoor music between the hours of 10:00 p.m. and 8:00 a.m. the following day in areas that share a property line with any property that has a residential use in an effort to eliminate noise and minimize the negative impact on the lives and welfare of our most vulnerable residents; and WHEREAS, areas such as Wynwood, Downtown, the Omni Redevelopment Area, and Coconut Grove have had lots of recent revitalization and residential growth as City residents prefer to reside in areas where they can live, work, and play; and WHEREAS, while the City Commission acknowledges the need for this prohibition of noise, it wishes to provide an exemption to this Ordinance for such areas as they are City of Miami Page 1 of 4 File ID: 8049 (Revision: A) Printed On: 1211712020 File ID: 8049 Enactment Number: 13941 reasonably less likely to cause noise pollution that will affect surrounding residential properties; and WHEREAS, the specific areas afforded an exemption to this Ordinance include any establishment with an approval prior to the adoption of this Ordinance; any establishment operating completely within a structure; establishments located within the Downtown Development Authority, Omni Redevelopment Area, Coconut Grove Business Improvement District, or the Wynwood Neighborhood Revitalization District; any establishment abutting an area zoned T-6 or above; any establishment whose sound making device is located on the primary frontage; any establishment located and operating on the outside of a structure on or above the fifth floor of a structure; and any property zoned D1, D2, or T-6-24 or above; and WHEREAS, the provisions in this Ordinance will serve to further address the noise concerns of the City and its residents with regard to illegal commercial or non -permitted, non- residential uses near residential zoning districts to preserve the quality of life in all City neighborhoods; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 36 of the City Code is further amended in the following particulars:' "CHAPTER 36 NOISE Sec. 36-4. -Operation of radios, phonographs, or other sound -making devices; bands, orchestras, and musicians —Generally; exemption. (a) It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound -making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter. (b)_ 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 4 File ID: 8049 (Revision: A) Printed on: 1211712020 File ID: 8049 Enactment Number: 13941 It shall be unlawful for any person owning, occupying, or having charge of any business, including but not limited to an entertainment establishment, alcohol service establishment, food service establishment, etc., or any part thereof, that shares a property line with any Property that has a residential use as defined by Article 1 of the Miami 21 Code to cause or suffer to cause the playing or operating of any such noise or such similar music of the following, which is not an exhaustive list: music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound -making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians on or about the premises in any of its outdoor spaces between the hours of 10:00 p.m. and 8:00 a.m. the following day. The playing or operating of any noise or such similar music, including but not limited to music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound -making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians between the hours of 10:00 p.m. and 8:00 a.m. in such manner shall be prima facie evidence of a violation of this Section. (c) All of the above and foregoing shall not apply to activities and events held in or upon any City -owned facility or other City -owned property. (d) Any establishment operating a sound making device shall be exempted from subsection (b) if said establishment had an approval prior to the adoption of this Ordinance; is operating completely within a structure; is located within the Downtown Development Authority, Omni Redevelopment Area, Coconut Grove Business Improvement District, or the Wynwood Neighborhood Revitalization District; abuts an area zoned T-6 or above; has a sound making device located on the primary frontage; is located and operating on the outside of a structure on or above the fifth floor of a structure; or is located on a property zoned D1. D2. or T-6-24 or above. *If Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately after its adoption and signature of the Mayor.2 Z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 4 File ID: 8049 (Revision: A) Printed on: 1211712020 File ID: 8049 Enactment Number: 13941 APPROVED AS TO FORM AND CORRECTNESS: 1 Vft6ria-Vrdel, City Attor iey 12/7/2020 City of Miami Page 4 of 4 File ID: 8049 (Revision: A) Printed on: 1211712020