HomeMy WebLinkAboutR-21-0432City of Miami
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Resolution: R-21-0432
File Number: 10925
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/14/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE
WAIVER PURSUANT TO SECTIONS 36-5(A) AND (C) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "SAME — HOURS OF
OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON
CITY -OWNED PROPERTY; RELAXATION," FOR THE III POINTS MUSIC
FESTIVAL TO BE HELD AT MANA WYNWOOD, 2217 NORTHWEST 5
AVENUE, MIAMI, FLORIDA, FROM OCTOBER 22 THROUGH OCTOBER 23,
2021.
WHEREAS, Section 36-5(a) of the Code of the City of Miami, Florida, as amended ("City
Code"), prohibits the operating of any musical devices on or about the premises between the
hours of 11:00 pm to 7:00 am the following day unless operated inside a closed building and the
sound is not audible from outside so as to disturb the quiet, comfort, and repose of persons in
any dwelling, hotel, or other type of residence; and
WHEREAS, Section 36-5(c) of the City Code allows the City Commission to relax the
time restriction contained in Section 36-5(a) of the City Code or declare the time restriction
inapplicable as a special occasion by resolution; and
WHEREAS, Section 36-4(a) of the City Code prohibits excessive noise or music audible
at a distance of one hundred feet (100') from a building, structure, or vehicle from where it is
produced; and
WHEREAS, there is no provision to waive compliance with Section 36-4(a) of the City
Code by City Commission which does not allow any noise that is plainly audible 100 feet from a
property; and
WHEREAS, Section 36-4(b) of the City Code provides that "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
City of Miami Page 1 of 2 File ID: 10925 (Revision:) Printed On: 1012012021
File ID: 10925 Enactment Number: R-21-0432
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;" and
WHEREAS, Section 36-4(d) of the City Code provides an exemption for establishments
"operating a sound making device shall be exempted from subsection (b) if said establishment
had an approval prior to the adoption of this section; 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"; and
WHEREAS, the requirements of Sections 36-4(e) and 36-5(d) of the City Code
encompass the NRD-1 Noise Pilot Program and are applicable to the subject property; and
WHEREAS, III Points Music Festival ("III Points") is a festival that attracts award -winning
musical artists and state of the art visual experiences for attendees; and
WHEREAS, III Points will have 60% of the music line-up filled by local artists with a total
of six (6) stages for performances as well as an inclusion of local culinary providers; and
WHEREAS, III Points will be held from October 22 through October 23, 2021 at 2217
Northwest 5 Avenue, Miami, Florida, also known as Mana Wynwood; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The noise prohibition contained in Section 36-5(a) of the City Code is waived
pursuant to Section 36-5(c) of the City Code, titled "Same — Hours of Operation of Jukeboxes,
Radios, etc.; Exemption for Events on City -Owned Property; Relaxation", for the I II Points at
Mana Wynwood, 2217 Northwest 5 Avenue, Miami, Florida to be held from October 22 through
October 23, 2021.
Section 3. All other requirements of Chapter 36 of the City Code shall be complied with
by the event sponsor and property owner.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Cify Httor iey 10/1912021
City of Miami Page 2 of 2 File ID: 10925 (Revision:) Printed on: 1012012021