HomeMy WebLinkAboutO-14153City of Miami
` Ordinance 14153
Legislation
File Number: 13142
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/23/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION OF RADIOS,
PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS,
ORCHESTRAS AND MUSICIANS -GENERALLY, EXEMPTION;" FURTHER
AMENDING SECTION 36-5 OF THE CITY CODE, TITLED "SAME -HOURS OF
OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS OF
CITY -OWNED PROPERTY; RELAXATION," TO EXTEND THE PILOT
PROGRAM FOR NOISE DISTURBANCES WITHIN THE NRD-1 DISTRICT IN
THE CITY OF MIAMI FOR ONE (1) FURTHER YEAR; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, the NRD-1 is a vibrant and diverse neighborhood that has blossomed from
warehouses to a place filled with restaurants, bars, art studios, and larger scale apartment
buildings; and
WHEREAS, the NRD-1 is also home to many nightclubs that operate until the early
hours of the morning in areas surrounded by other like businesses; and
WHEREAS, the current Pilot Program was in effect for one (1) year and is still being
studied for its ability to strike a balance between the burgeoning nightlife community and those
who reside in the area of the Wynwood Business Improvement District ("Wynwood BID"); and
WHEREAS, based upon input from community stakeholders, the Wynwood BID wishes
to continue with one (1) more year of the Pilot Program using a decibel level reading standard to
attempt to control the noise pollution emitted from the area businesses;
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 fully set forth in this Section.
Section 2. Chapter 36/Section 36-4 of the Code of the City of Miami, Florida, as
amended ("City Code"), titled "Noise/Operation of Radios, Phonographs or Other Sound -Making
Devices; Bands, Orchestras and Musicians -Generally; Exemption", is amended in the following
particulars:'
' 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
City of Miami Page 1 of 5 File ID: 13142 (Revision:) Printed On: 3/3/2023
File ID: 13142
Enactment Number: 14153
"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
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
section; is operating completely within a structure; is located within the
Downtown Development Authority, Omni Redevelopment Area, Coconut Grove
unchanged material.
City of Miami Page 2 of 5 File ID: 13142 (Revision:) Printed on: 3/3/2023
File ID: 13142
Enactment Number: 14153
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.
(e) Pilot Program for the NRD-1:
(1) The NRD-1 District as defined in Section 4-5 of the City Code is exempt
from Subsection (a) of this Section throughout the duration of the Pilot Program.
The NRD-1 boundaries are generally described as bounded by Interstate 95 (1-
95") on the west, Northwest 29th Street on the north including parcels fronting
Northwest 29th Street on the north between 1-95 and Northwest 5th Avenue and
between Northwest 2nd Avenue and North Miami Avenue, and the FEC Corridor
on the east, and Northwest 20th Street between North Miami Avenue and
Northwest 1 st Place and Northwest 22nd Street between Northwest 1 st Place
and 1-95 on the south.
(2) Within the NRD-1 District, it shall be unlawful for any person owning,
occupying, or having charge of any building or premises or any part thereof at
any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual
noises in the operation of any radio, phonograph, other mechanical sound -
making device or instrument, or reproducing device or instrument, 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:
i. Exceeds 80 dB(A) at a distance of greater than twenty-five feet (25) from
the property line of the property on which or from which it is produced;
ii. The bass level exceeds 70 dB(C) when measured from within an
enclosed structure with all windows, doors, and other openings closed; or
iii. Exceeds 65 dB(A) when measured from within an enclosed structure with
all windows, doors, and other openings closed.
The City Manager or Designee shall have the authority to decrease the allowable decibel
levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the
recommendation of the Wynwood Business Improvement District and after thirty (30) days'
notice has been posted and sent via certified US Mail to all affected business.
(3) The fact that the noise or music emanating from the property on which or
from which it is produced exceeds the dB(A) sound level referenced in
Subsection (c)(i)(ii) and (iii) above constitutes prima facie evidence the violation
has occured. Any violation of this Subsection is punishable by a fine of $250.00
for a first offense, $500.00 for each offense thereafter, and shall be enforced
against the property owner under the provisions of Chapter 2, Article X of the City
Code and any other remedies as provided by law including, but not limited to, an
action for injunctive relief in the circuit court.
(4) The pilot program noise standards shall sunset on SeptembeF a January
26, 2022-4 ''Mess exteRded by the Gity ('�mmicci�r
City of Miami Page 3 of 5 File ID: 13142 (Revision:) Printed on: 3/3/2023
File ID: 13142
Enactment Number: 14153
*„
Section 3. Chapter 36/Section 36-5 of the City Code, titled "Noise/Same-Hours of
Operation of Jukeboxes, Radios, etc.; Exemption for Events on City -Owned Property;
Relaxation," is amended in the following particulars:'
"CHAPTER 36
NOISE
Sec. 36-5. Same - Hours of operation of jukeboxes, radios, etc.; exemption for events on city -
owned property; relaxation.
(a) It shall be unlawful for any person owning, occupying or having charge of any
business establishment, or any part thereof, in the city, to cause or suffer to
cause the playing or operating of music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the
hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes,
jukeboxes, radios, musical instruments and other devices are played or operated
in a closed building and the sound is not audible from outside the building so as
to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other
type of residence. Upon a second conviction of violation of this section,. the City
Manager or Designee, may at their discretion, revoke any Business Tax Receipt
issued under chapter 31 to the business.
(b) 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.
(c) The city commission may relax the time restrictions contained in paragraphs (a)
above or declare them inapplicable on special occasions by resolution.
(d) Pilot Program for the NRD-1:
(1) The NRD-1 District as defined in Section 4-5 of the City Code is exempt
from Subsection (a) of this Section through the duration of the Pilot Program. The
NRD-1 boundaries are generally described as bounded by 1-95 on the west,
Northwest 29th Street on the north including parcels fronting Northwest 29th
Street on the north between 1-95 and Northwest 5th Avenue and between
Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east,
and Northwest 20th Street between North Miami Avenue and Northwest 1 st
Place and Northwest 22nd Street between Northwest 1st Place and 1-95 on the
south.
(2) Within the NRD-1 District, it shall be unlawful for any person owning,
occupying, or having charge of any business establishment or any part thereof to
cause or suffer to cause the playing or operating of music boxes, jukeboxes,
radios, musical instruments, or any other musical devices on or about the
premises between the hours of 3:00 a.m. and 9:00 a.m. unless such music
boxes, jukeboxes, radios, musical instruments, and other devices are played or
City of Miami Page 4 of 5 File ID: 13142 (Revision:) Printed on: 3/3/2023
File ID: 13142
Enactment Number: 14153
operated in a closed building and the sound is not plainly audible from outside
the building so as to disturb the quiet, comfort, or repose of persons in any
dwelling, hotel, or other type of residence. Any violation of this Subsection is
punishable by a fine of $250.00 for a first offense, $500.00 for each offense
thereafter, and shall be enforced against the property owner under the provisions
of Chapter 2, Article X of the City Code and any other remedies as provided by
law including, but not limited to, an action for injunctive relief in the circuit court
and may subject the business and/or property owner to loss of their Certificate of
Use and/or Business Tax Receipt.
(3) The pilot program noise standards shall sunset on September a January
26, 2022-4 unless exteA-ed by the Git i ('nmmiccinn
*»
Section 4. 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 5. This Ordinance shall become effective immediately after its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, ity ttor ey 1/3/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 5 of 5 File ID: 13142 (Revision:) Printed on: 3/3/2023