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Home My WebLink Aboutcorrespondence-3OCT 20 2000 6:05PM MIAMI RIVER COMMISSION 305 361 4755 Policy Committee: Governor of State of Florida Mr. leb Bush Designee: Dr. Famella Dana Chair of Miami -Dade Delegation Representative Rene Garcia Designee: Ms. Debra Owens Chair of Governing Board of South Florida Water Management District Mr. Nicolas J. Gutierrez, Jr. Designee: Ms. ;relit Bague Miami -Dade State Attorney Ms. Katherine Fernandez -Rundle Designee: Mr. Gary Winston Mayor of Miami -Dude County Mayor Alex Penelas Designee: Mr. Henry F. Sori Mayor of Miami Mayor Manuel A. Diaz Designee: Mr. Otto Boudet-Murlas City of Miami Commissioner Commissioner Joe Sanchez Designee: Mr. Steve Wright Miami -Dade County Commissioner Commissioner Bruno Barreiro Designee: Mr. Alfredo Gonzalez Chair of Miami River Marine Group Mr. Charles "Bud" Morton Designee: Mr. Richard Bunnell Chair of Marine Council Mr. Michael Karcher Designee: Mr. Phil Everingham Executive Director of Downtown Development Authority Mr. Dana A. Nottingham Designee: tvlr. Adam Lukin Chair of Greater Miami Chamber of Commerce Mr. William O. Cullom Designee: Ms. Megan Kelly Neighborhood Representative Appointed by City of Miami Commission Dr. Ernest Martin Designee: Mr. Michael Cox Neighborhood Representative Appointed by Miami -Dade Commission Ms. Sallye Jude Designee: Ms. Jane Caporelli Representative from Environmental or Civic Organization Appointed by the Governor Ms. Janet McAliley Designee: Ms. Theo Long Member at Large Appointed by the Governor Mr. Robert Parks Member at Large Appointed by Miami -Dade Commission Ms. Sara Babun Designee: Mr. Tom Parker Member at Large Appointed by City of Miami Commission Mr. Cleve Jones, Jr. Designee: Captain Beau Payne Managing Director Captain David Miller Miami River Commission c/o Rosenstiel School 4600 Rickenbacker Causeway Miami, Florida 33149 Office: (305) 361-4850 Fax: (305) 361-4755 email: mrc@rsmas.miami.edu October 22, 2003 Honorable Chairman Johnny L. Winton 3500 Pan American Drive Miami, FL 33133 Re: Recommendation for Exempting the Miami River Dredging Project and the Marine Industry from the Proposed "Noise Ordinance"; 10/23/03 City Commission Agenda Item SR.1 Dear Chairman Winton: This letter serves as the Miami River Commission's (MRC) "official statement" to all City Commissioners, requested in City Resolution 00-320, regarding October 23, 2003 City Commission Agenda Item SR.1, which impacts the Miami River. The MRC strongly recommends amending the proposed "Noise Ordinance" to provide for an exemption for the Miami River Dredging project. The proposed ordinance prohibits dredging between the hours of 6 p.m. and 7:30 a,m. on any day of the week. Mr. David Miller, Managing Director of the MRC, stated on the record at the first reading of the ordinance, that this provision will negatively impact the project. To be more specific, the Army Corps' project officer stated this provision would double the cost of the project and most likely make the project fiscally unfeasible. For your information, on August 29, 2003 the U.S. Army Corps of Engineers released a "Request for Proposal" for contractors to bid on the project. The proposal allows for dredging to occur 24 hours per day, 7 days per week. This is standard operating procedure for all Corps dredging projects. On October 14, 2003, MRC staff and others met with the City Attorney and reviewed a revised "draft Noise Ordinance". The MRC fully supports the attached draft proposal to exempt Marine Industrial uses from the ordinance, under section 36-6 (m). Sincerely, Robert L. Parks, Chair, Miami River Commission Cc: Honorable Mayor Manuel A. Diaz City Manager Joe Arriola City Clerk Priscilla Thompson City Attorney Alex Vilarello OCT 20 2000 6:05PM MIAMI RIVER COMMISSION 305 361 4755 TABLE I Use Occupancy Time Sound Level (a)DBA Category Limit above (a)dBA Max ambient Residential 6 a.m.--10 p.m. 60 10 (Non -holiday 10 p.m.--6 a.m. weekends) Residential 6 a.m.--12 a.m. 60 15 (Holiday weekends) 12 a.m.--6 a.m. Commercial or 6 a.m.--10 p.m. 70 15 Tourist 10 p.m.--6 a.m. (Weekdays) Commercial or 6 a.m.-12 a.m. 70 70 70 15 Tourist 12 a.m.-2 a.m. (Weekends) 2 a.m.--6 a.m. Manufacturing At all times --no sound that is . generated by a source facility shall be audible at the property line of the said source facility. Sec. 36-6. Exemptions. The following uses and activities shall be exempt from noise level regulations in this Chapter: (a) Air equipment is manufacturer's manufacturer's conditioners are functioning in specifications standard mufflers exempt when this accord with the and with all and noise -reducing equipment in use and in proper operating condition according to standards promulgated by the American Refrigeration Institute. The same exception shall apply to lawn mowers, agricultural equipment and homeowners' mechanized tools during daylight hours (between sunrise and sundown). (b) Nonamplified crowd noises. Page 12 of 16 OCT 20 2000 6:05PM MIAMI RIVER COMMISSION 305 361 4755 (c) Construction operations for which building permits have been issued, or construction operations not requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with the manufacturers' specifications and with all standard equipment, manufacturers' mufflers and noise -reducing equipment in use and in proper operating condition; and providing construction operations are limited to the hours and in accordance with the requirements set forth in Sections 10-6, 10-7 and 36-8 of this code. (d) emergency of churche (e) emergency or acting Noises of safety signals, pressure relief valves and s. Noises resulting from vehicle when responding to in time of emergency. warning devices, bells and chimes any authorized an emergency call (f) Noises resulting from emergency work as defined in section 10-6(a) of this code. (g) Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the City. Regulation of noises emanating from operations under permit shall be according to the conditions and limits stated on the permit. (h) Noises made by persons having obtained a permit to use the streets. (i) All noises coming from the normal operations of aircraft (not including scale model aircraft). (j) Those motor vehicles controlled by Florida Statutes, Section 316.293, but not those motor vehicles exempted from coverage. (k) Vessels operated on the waters of the city muffled pursuant to Section 327.65, Florida Statutes. Page 13 of 16 OCT 20 2000 6:05PM MIRMI RIVER COMMISSION 305 361 4755 (1) Activities and events held in or upon any City -owned facility or City -owned property. (m) Marine Industrial use specifically permitted by law. Sec. 36-7. Violations enforcement and penalties. Enforcement of violation of this section shall at the City's option be performed by police and punishable as a crime (third degree misdemeanor) as provided for in Section 1-13 of this Code and/or as a civil infraction in accordance with the City's Civil Infraction Enforcement Procedures set forth in Section 2-823 through 2-829 of this code. Ae set forth in the City's Schedule of Civil Penalties, Section 2-829 of this Code, a fine of $100 shall be imposed for the first violation of any provision of this section; $250.00 for the second violation; and $500.00 for the third violation and each violation thereafter. Each 24-hour day is to be considered a separate violation. Sec. 36-8. Construction noise - Prohibitions and limitations. (a) Prohibitions. Construction, alteration or general repair of any building, structure or other item for which a permit to construct, alter or repair is required by ordinance of the City including but not limited to persons and vehicles shall be prohibited at all times other than that permitted in Section 10-6 of this code. 'No tools, equipment or vehicles, of any kind, used in construction, dredging, land filling or demolition work shall be used, brought to the site or taken from the site before or after the times permitted in Section 10-6 of this code. If the tools, equipment or vehicles, of any kind, used in construction, dredging, land filling or demolition work are left on -site then their use and operation is prohibited' except during the times permitted by Section 10-6 of this code. Additionally, a Certificate is required for the construction of any principal building/structure pursuant to Section 10-7 of this code. Sec. 36-9. Additional remedies. Page 14 of 16