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HomeMy WebLinkAboutM-88-1167To. Cesar H. Odio City Manager FROM/iJorge L . Fernandez ••� City Attorney CITY OF MIAMi, FLORIDA 29 INTER -OFFICE MEMORANDUM DATE : November 29, 1988 FILE : SUElECT : Anti -Noise Ordinance(s) REFERENCES: City Commission Agenda December 15, 1988 ENCLOSURES: ( 1 ) In answer to your inquiry, an exemption for City -owned facilities similar to the exemption found in the City Code anti - noise provisions (Section 36-5) can be drafted as a proposed amendment to the County Code anti -noise provision(s) (Section 21-28), if such an amendment is found necessary and/or warranted. The blanket exemption language to be used in any proposed amendment to the County Code Section which presently prohibits unnecessarily loud and disturbing noise from the operation of any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound between the hours of 11:00 P.M. and 7:00 A.M. would read as follows: All of the above and foregoing shall not apply to activities and events held in or upon any City -owned facility or property within Dade County. Because of the seemingly contradictory position between your attached direction given to Chief Anderson on July 18, 1988 in regard to a recurring noise problem at Monty Trainer's Restaurant (South Bayshore Drive) and the economic loss to the City perceived by you as resulting from decreased revenues at said City -owned restaurant attributed to County noise ordinance enforcement measures, we are seeking guidance from the City Commission by requesting the placement of this matter on the City Commission December 15th Meeting Agenda in the CITY ATTORNEY REPORTS portion of the Agenda, as follows: ■ Possible amendments to County and/or City anti -noise ordinance(s). JLF:RFC:dfh:bss:M110 cc: ip Vilbilgolne - Legislative Administrator Judith E. Secher, Assistant City Attorney, Police Legal Unit,`. ` +}a (J .�T:� ii x L 4 i i (;ITY Or MIAMI. PLOMMA ` 1N7ER• 1 MEMORANDUM j,1 In -'• .. _ July 14, 1988 FILE . to . Ve4dr H- Odic) aAtt . city Manager Noiso at MO SI.IEUFci . Trainer' is n�I moEHENCE5 )1488/ FROit XaV1zr L. Slldt'"P.Z`} pjoyor tUGLOF-ORES s Enclosed please find a .Letter sent to my Officc conecrilin7 k the recurring noise' problem at Monty Trainer's Restaurant. i I hope that we can take some action to solve t4ris contlriuinq $. problem. ; Please apprise. Iny office of the Iiieasure:s taken in this matter. , XLSt jwa/ask V ' 'i cd: Barry Fellmah * �lt:: • 2539 South BayshorcaDri Miami,,., -FL 33133 pact �1 r, To aes� z z �� prom: CESAR H. OoIO, City Manager Duc 110%AiO StiCi INQ Glll� PLEASE: s 4 S 'if t I f i kr� Y 3 Y1 i r YI 1 i _ i h �? i; 'f 4 •" S .,,tl t H i_f H i lz- t= 2539 5, Bayshore Dr. Miami, Fb 33133 July 6, 1988 Certified Mail No. P1OOM465. Mayor 1 lt•.•.r..�,�}.`' 4t The Honorable Xavier L. Suarez. Ma y �j;. • ••�•�, • �` �-�_r��;1 City of Miami,,9 3500 Pan American Drives°�, Miami r FL 33133 Re: Loud Disturbing Sounds and Music Origin rig; True ti(My Trainer's Restaurant Complex located Y at� J South Ba shore Drive and Aviation Avenue, Dear Mayor Suarez, T as well as other residents of the area have contacted the city on numerous occasions regarding very loud and disturbing sounds and music which prevent us from sleeping. These disturbances originate from the outdoor loudspeaker system at the above location. My reports to the City of Miami Police have had .little if any effect in mitigating this problem. My enclosed letter of March 20, 1988, addressed to the City Manager and City Attorney, details the typical ineffective efforts and lack of results on two paricular nights in which the music was so loud that operators C were already familiar with the problem as soon as I mentioned the word "Monty". I was very dissapointed not to have received a response from the city manager to my letter.. Lt. Egan of the patrol department contacted me by phone. This hasn't helped even though Lt. Egan = was courteous in listening to my complaint. The Monty - noise problem has a Long history. I wouldn't be surprised if a printout of calls to the police regarding the !' problem number in the thousands. A computer printout listing such complaints could be produced by the department's computers to j verify this. One of the Officers I spoke to described the Monty situation as a "continuous problem". It is clear to me that enforcement has not been the answer for the Monty probleml although I understand resaurants on Main Highway have been cited, and employees arrested as a result of similar - complaints. Right now I do not care why the Monty establishment might or might..,' not be treated differently than others. I do care about solving the problem. r f ;42 t j h tf 1. r Y FORM 86 MEMORANDUM OF 'VOTING CONFLICT FOR COUNTY, MUNICIPALl AND OTHER LOCAL PUBLIC OFFICERS 1ST NAME -FIRST NAME-MIDULE NAME NAME OF aoARR COUNCIL. COMMISSION, AUTHORITY, OR COMMITTI KENNEDY, ROSARIO MAILIN(; ADDRESS 3500 Pan American Drive CITI Miami E Oh M'HICH VDTE r)CCURRED December 15, 1988 City Commissioner THE IIl1ARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: X C1 it . , tYIUNTY • CTTHER IOC'AI AGENCY (YIUNT� NAML OF POLITIC'AI. SUBDIVISION: Dade MY POSITION IS }{; ELECTIVE APPOINTIVE WHO MUST FILE FORM u This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who arc presented with a voting conflict of interest under Section 112.3143. Florida Statutes. The requirements of this law arc mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 442.3443, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 13 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOI%TED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. e 1 VOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ou should disclose orally the nature of your conflict in the measure before participating. 'ou should complete the form and file It within IS days after the vote occurs with the person responsible for recording the minutes f the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S DMREST ROSARIO KENNEDY , hereby disclose that on _ ember 15 19_ 88 i A measure come or will come before my agency which (check one) inured to my special private gain; or H 0-11 inured to the special gain of (AI✓��� �• ,/Ld�N� , by whom 1 am retained. ;) The measure before my agency and the nature of my interest in the measure is as follows: Item #29, Motion 88-1167: instructing the City Attorney and the City Manager to prepare uniform policy in connection with the City anty—noise ordinance. late Filed Signatur - ,OTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985). A FAILURE TO MAKE ANY REQUIRED ►ISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: MPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN = ALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS.W0.