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Ordinance
Second Reading
Sponsored by: Alex Diaz de la Portilla, Commissioner, Joe Carollo, Commissioner
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.
City of Miami File ID: 8049 (Revision: A) Printed On: 1211712020
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City of Miami
Legislation
Ordinance
Enactment Number: 13941
File Number: 8049 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.
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
reasonably less likely to cause noise pollution that will affect surrounding residential properties;
and
City of Miami File ID: 8049 (Revision: A) Printed On: 1211712020
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)_
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
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
unchanaed material.
City of Miami File ID: 8049 (Revision: A) Printed On: 1211712020
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.
*11
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
APPROVED AS TO FORM AND CORRECTNESS:
1
"na dez, City Attvr iey 10/13/2020
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 File ID: 8049 (Revision: A) Printed On: 1211712020