HomeMy WebLinkAboutlegislation 2J-03-476
07-10-03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2, SECTION 2-829, ENTITLED
"SCHEDULE OF CIVIL PENALTIES;" CHAPTER 10,
ARTICLE I, ENTITLED "BUILDINGS - IN GENERAL"
AND REPEALING AND CREATING A NEW CHAPTER 36,
ENTITLED "NOISE" OF THE MIAMI CITY CODE BY
ESTABLISHING FINES FOR VIOLATION OF NOISE
AND NOISE RELATED ACTIVITIES; ADDING NEW
SECTIONS 10-6 AND 10-7, ENTITLED "BUILDING
CONSTRUCTION, DREDGING AND LAND FILLING;
PERMIT REQUIRED AND WHEN PROHIBITED" AND
"BUILDING CONSTRUCTION, CERTIFICATE OF
COMPLIANCE; WHEN REQUIRED" TO PROVIDE FOR
AND CLARIFY DAYS AND TIMES CONSTRUCTION,
DREDGING AND LAND FILLING ACTIVITY IS
PERMITTED, PERMIT REQUIRED AND ENFORCEMENT
AUTHORITY AND CREATING A NEW CHAPTER 36 TO
PROVIDE FOR AND CLARIFY NOISE PROHIBITIONS
AND LIMITATIONS; PROVIDING FOR INCLUSION IN
THE CITY CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 2, Article _, Section 2-829 of the
Miami City Code entitled "Schedule of Civil Penalties" is
hereby amended by the addition of new Sections 10-6 and 10-7 and
Chapter 36 to read as follows:
"CHAPTER 2
* * *
ARTICLE T
* *
*
Section 2-829 Schedule of civil penalties
CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
Code Section
*
Description of Violation Civil Penalty
*
2-265 Failure to have a valid certificate of use. $100.00
10-6 Failure to comply with provisions of 100.00
Section or Chapter 1st offense
250.00
2nd offense
500.00
10-7 Failure to comply with provisions of 250.00
Section or Chapter 2nd offense
* * * *
Chap. 36 Failure to comply with provisions of
Section or Chapter
$500.00
3rd offense
and thereafter
*
*
Section 2. Chapter 10, Article I, of the Miami City
Code entitled "Buildings" is hereby amended by the addition of
new Sections 10-6 and 10-7 to read as follows:1/
"CHAPTER 10
* * *
ARTICLE I
* * *
Section 10-6 Building construction,
1
/
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
Page 2 of 26
dredging and land filling
e�ss.s_r_urexa�rrnd���mu�mzvaec .�h1#4N14n 29YA il"�1"d'iEY.S iT�k659tl9P9tlff4tlE:N:s.Hfit£r5f3kiE1II9i9&Y -$HL
(a) Construction prohibited. No
construction, alteration, soil improvements,
general repair of any building, structure,
or other item for which a permit is required
shall be done in the city before the hour of
7:30 a.m. or after 6:00 p.m. on any Monday,
Tuesday, Wednesday, Thursday or Friday; on
any Saturday before the hour of 9:00 a.m.
and after the hour of 6:00 p.m.; on any
Sunday or Holiday (as defined in Section
36-1 of this code). Additionally,
construction workers and vehicles shall not
arrive on site prior to the hour of 7:00
a.m. or after 6:30 p.m.
(b) Dredging, land filling. Dredging and
land filling operations shall not be carried
out in the city between the hours of 6:00
p.m. of one day and 7:30 a.m. of the next
day on any day of the week. Additionally,
construction workers and vehicles shall not
arrive on site prior to the hour of 7:00
a.m. or after 6:30 p.m.
Page 3 of 26
(c) Special permits authorized. The
prohibitions of (a) and (b) above shall not
pertain to such cases where exigent
circumstances or legal requirements as set
forth in the State Building Code exist and a
special permit shall have been applied for
and granted by the building department of
the city, providing for special inspection
by the proper discipline(s) authorized by
law to inspect the particular work to be
done. Provisions covering applications and
the granting of these special permits are
set forth in (d) below.
(d) Procedure for special permits and
authorization letter from city manager
required. Any person desiring a special
permit for the purpose of doing
construction, alterations or repair covered
by the terms of this section shall make
application to the building department of
the city, giving such information as the
department requires to identify the proposed
locations of such work, the hours outside of
the permitted hours of operation during
Page 4 of 26
which applicant proposes to work, and in
addition thereto shall request and make
arrangements with the department for any
special inspection of such work that may be
necessary and shall compensate the
department at the usual rate of pay for such
overtime inspections, in advance of issuance
of such special permit. In addition to the
special permit issued by the building
department, any such deviation from the
terms stated in items (a) or (b) above shall
be evidenced by a written letter of
authorization, issued and signed by the city
manager or designee.
(e) Declared State of Emergency; Special
Hurricane. The prohibitions of (a) and (b)
above shall not pertain to operations
permitted/authorized by the city manager
whenever a natural disaster or state of
emergency is declared or recognized by the
city. The city manager shall issue written
orders on preparation, emergency and clean-
up operations. Furthermore, during such
periods of time as are designated by the
Page 5 of 26
National Weather Service as being a
hurricane watch, all furniture, display
racks, material and similar loose objects in
exposed outdoor locations, shall be lashed
to rigid construction or stored in
buildings. Orders shall be oral or written
and shall be given to any person on the
premises most logically responsible for
maintenance and such orders shall be carried
out before winds of hurricane velocity are
anticipated. After winds of hurricane
velocity are experienced and have subsided,
the Building Official shall investigate to
determine if damage has occurred to
buildings or other structures. No building
or other structure or assembly or part
thereof, which was damaged or collapsed or
out of plumb or line shall be repaired or
altered or otherwise returned to its
original position without inspection and
approval by the Building Official.
(f) Violation; enforcement. Enforcement of
violation of this section shall at the
City's option be performed by police and
Page 6 of 26
punishable as provided for in Section 1-13
of this Code. Alternatively violations may
be enforced in accordance with the City's
Civil Infraction Enforcement Procedures set
forth in Section 2-823 et sec. A fine of
$100.00 shall be imposed for the first
violation of any provision of this section.
A fine of $250.00 shall be imposed for the
second violation of any provision of this
section. A third violation of this section,
and each violation thereafter shall result
in a fine of $500.00 plus no further
inspections being performed until a complete
compliance plan is submitted and approved.
All as set forth in the City's Schedule of
Civil Penalties Section 2-829 of this Code.
Each 24-hour day is to be considered a
separate violation.
A. Certificate of Compliance required. An
application for a Certificate of Compliance
("Certificate") shall be picked up at the
Page 7 of 26
building department permit counter. The
Certificate shall be issued by the Director
of NET, or their successor, with mandatory
referral to police, fire and NET
Administrator. Approval of the Certificate
shall be a condition precedent to the
issuance of a building permit for the
construction of any principal building or
structure located within the city
boundaries. At a minimum the applicant for a
Certificate shall submit the following plans
that shall be binding on the applicant
throughout the construction time frame.
1. A parking plan showing employee
and invitee parking including, but not
limited to, employee cars, trucks,
vending vehicles, utility vehicles, and
construction vehicles.
2. A vehicle access and storing plan
including project site arrival,
staking/waiting and ingress/egress for
all vehicles including, but not limited
to, employee cars, trucks, vending
Page 8 of 26
vehicles, utility vehicles, and
construction vehicles.
3. A noise reduction plan addressing
and proposing noise reduction
techniques to contain or minimize
sounds emanating from employees and
invitees as well as, machinery and
vehicles including, but not limited to,
employee cars, trucks, vending
vehicles, utility vehicles, and
construction vehicles.
4. A maintenance plan including the
location of trash receptacles and
frequency of •arbage and trash pick-up.
5. An enforcement plan detailing how
the submitted plans described in 1
through 4 above will be enforced
throughout the duration of the project
construction phase.
B. Violation; enforcement. Enforcement of
violation of this section shall at the
City's option be performed by police and
punishable as provided for in Section 1-13
Page 9 of 26
of this Code. Alternatively violations may
be enforced in accordance with the City's
Civil Infraction Enforcement Procedures set
forth in Section 2-823 et sec. A fine of
$100.00 shall be imposed for the first
violation of any provision of this section.
A fine of $250.00 shall be imposed for the
second violation of any provision of this
section. A third violation of this section,
and each violation thereafter shall result
in a fine of $500.00 plus no further
inspections being performed until a complete
compliance plan is submitted and approved.
All as set forth in the City's Schedule of
Civil Penalties Section 2-829 of this Code.
Each 24-hour day is to be considered a
separate violation.
Section 2. Chapter 36 of the Miami City Code entitled
"Noise" is hereby repealed in its entirety and replaced with the
following:
"CHAPTER 36
* * *
Section 36-1 Definitions
Page 10 of 26
For the purpose of this article, the
following terms, phrases, words,
abbreviations and their derivations shall
have the meaning herein given. When not
inconsistent with the context, words used in
the present tense include the future tense,
words in the plural number include the
singular number and words in the singular
number include the plural number. The word
"shall" is always mandatory and not merely
directory. Words not defined shall be given
their common and ordinary meaning.
Ambient noise means the all -encompassing
noise that is normally associated with a
particular environmental surrounding,
usually being made up of a composite of
sounds. This is sometimes referred to as
background noise.
Average level means the average of the sound
level over some stated period of time.
A -weighted sound level means the sound
pressure level in decibels as measured on a
sound level meter using the A -weighting
Page 11 of 26
network. The level so read in designated
dBA.
Decibel (dB) means a unit for describing the
amplitude of sound, equal to twenty (20)
times the logarithm to the base ten (10) of
the ratio of the pressure of the sound
measured to the reference pressure, which is
twenty (20) micronewtons per square meter.
Emergency work means any work performed for
the purpose of preventing or alleviating
physical trauma or property damage
threatened or caused by an existing or
imminent peril.
Holidays, as used herein, shall mean those
days designated by the United State
Congress
as legal public holidays, except that
whenever any such day shall fall upon a
Sunday, the Monday next following shall be
deemed a public holiday for purposes of this
section.
Noise means any sound which annoys or
disturbs humans or which causes or tends to
cause an adverse psychological or
physiological effect on humans.
Page 12 of 26
Person means any individual, association,
partnership, or corporation, and includes
any officer, employee, department, agency or
instrumentality of the United States, the
state, or any political subdivision thereof.
Property line means an imaginary line along
the surface and its vertical plane
extension, which defines the boundary of the
real property owned, rented, or leased by
one (1) person from that owned, rented, or
leased by another person. Intra-building
real property lines are excluded.
Receiver means the location, or land use
category of a location, where persons are
located that are annoyed by noise or sound
they hear coming from another property,
person, vehicle, place, or source.
Sound means an oscillation in pressure,
particle displacement, particle velocity or
other physical parameter, in a medium with
internal forces. The description of sound
may include any characteristics of such
sound, including duration, intensity and
frequency.
Page 13 of 26
Sound level means the
pressure level, usually
sound level meter (SLM).
Sound level meter means an
includes a microphone,
detector, integrator or
output meter, and weighing
A -weighted sound
measured with a
instrument which
amplifier, RMS
time averager,
networks used to
measure sound pressure levels.
Sound pressure level means twenty (20) times
the logarithm to the base ten (10) of the
ratio of the RMS sound pressure level to the
reference of twenty (20) micronewtons per
square meter.
Source means the location of and the
activity, which emits noise or sound, which
is audible outside the source owner's
property line.
Weekend means Friday 5:00 p.m. through
Sunday 10:00 p.m.
Section 36-2 Prohibitions.
It shall be unlawful, except as expressly
permitted herein, to make, cause, or allow
the making of any Noise or Sound which
Page 14 of 26
exceeds the limits set forth in this article
in the applicable use occupancy category.
Section 36-3 Measurement of sound.
(a) The measurement of sound or noise shall
be made with sound level meters that meet
the standards prescribed by the American
National Standards Institute (ANSI). The
instrument(s) shall be maintained in
calibration and good working order. A
calibration check shall be made of the
system at the time of any noise measurement.
Measurements recorded shall be taken so as
to provide a proper representation of the
noise source. The microphone during
measurement shall be positioned so as not to
create any unnatural enhancement or
diminution of the measured noise. A
windscreen for the microphone shall be used
at all times. Traffic, aircraft and other
transjortation noise sources and other
ambient noise shall not be considered in
taking measurements except where such
background noise interferes with the primary
Page 15 of 26
noise being measured. If the background
noise interferes with the primary noise
being measured, the primary noise being
measured shall be limited to a level which
is the greater of either the Table I value,
or where combined with the ambient sound, a
level which is two (2) decibels above the
level of the ambient sound level measurement
alone.
(b) The slow meter response of the city's
sound level meter shall be used in order to
best determine that the average level has
not exceeded the limits set forth for the
use occupancy category in Table I below. A
sound level meter with a level averaging
circuit may be used.
(c) The measurement shall be made at the
receiving property line nearest to the
source of the noise or anywhere else in the
receiving property. Any measurement shall
be at least two (2) minutes in duration.
(d) In the case of an elevated or
directional sound or noise source,
Page 16 of 26
compliance with the noise limits shall be
maintained at any elevation at the boundary.
(e) The ambient sound level measurement
shall be measured at the same location line
utilized in section 36-3, while the primary
noise being measured is inoperative. If the
primary noise being measured cannot be
turned off; is not turned off or if
additional sound is created to distort the
ambient sound level measurement, the ambient
sound level measurement will be estimated by
performing a measurement in the same general
area of the noise being measured.
Section 36-4 Classification of use
occupancies.
For purposes of defining "use occupancies,"
all areas zoned as a residential category
shall be considered residential use. All
areas containing transient commercial
sleeping quarters legally permitted shall be
considered tourist use. All areas containing
business where sales, professional, or other
commercial use is legally permitted shall be
considered commercial use. All areas where
Page 17 of 26
manufacturing is legally permitted shall be
considered manufacturing use. Hospitals,
nursing homes, schools, libraries, and
church uses shall be considered residential
uses. In other cases of multiple use, the
more restrictive use category shall prevail.
Any area not otherwise classified shall
conform to commercial standards.
Section 36-5 Maximum permissible sound
levels by use occupancy.
No person shall operate or cause to be
operated any source of sound or noise in
such a manner as to create a sound level,
which exceeds the limits set forth in the
use occupancy category in Table I.
TABLE I
Use
Time
Sound
(a)DBA
Occupancy
Level
above
Category
Limit
ambient
(tit) dBA
Max
Residential
6 a.m.---
60
10
(Non-
10 p.m.
55
holiday
10 p.m. --
weekends)
6 a.m. _
Residential
6 a.m.--
60
15
(Holiday
12 a.m.
55
weekends)
12 a.m.--
6 a.m.
Page 18 of 26
Commercial
6 a.m.--10
70
15
or Tourist
p.m.
10 p.m.--6
65
(Weekdays)
a.m.
Commer
6 a.m.-12
70
cial
a.m.
70
or
12 a.m.-2
65
Touris
a.m.
t
(Weeke
2 a.m.--6
a.m.
nds)
Manufacture.
At all times --no
ng
sound that is
generated by a
source facility
shall be audible at
the property line of
the said source
facility.
Section 36-6 Exemptions.
The following uses and activities shall be
exempt from noise level regulations in this
Chapter:
(a) Air conditioners are exempt when this
equipment is functioning in accord with the
manufacturer's specifications and with all
manufacturer's standard mufflers 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
Page 19 of 26
homeowners' mechanized tools during daylight
hours (between sun rise and sun down).
(b) Nonamplified crowd noises.
(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) Noises of safety signals, warning
devices,
emergency pressure relief valves
and bells and chimes of churches.
(e) Noises resulting from any authorized
emergency vehicle when responding to an
emergency call or acting in time of
emergency.
Page 20 of 26
(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(1988), but
not those motor vehicles exempted from
coverage.
(k) Motor vehicles defined in Florida
Statutes, Section 316.293(6)(a) and (b),
(1988) .
Page 21 of 26
(1) Vessels operated on the waters of the
city muffled pursuant to Section 327.65,
Florida Statutes.
(m) Activities and events held in or upon
any city owned facility or city owned
property.
Section 36-7 Violations enforcement and
penalties.
Violation, enforcement & penalty.
Enforcement of violation of this section
shall at the City's option be performed by
police and punishable as provided for in
Section 1-13 of this Code. Alternatively
violations may be enforced in accordance
with the City's Civil Infraction Enforcement
Procedures set forth in Section 2-823 et sec.
A fine of $100.00 shall be imposed for the
first violation of any provision of this
section. A fine of $250.00 shall be imposed
for the second violation of any provision of
this section. A third violation of this
section, and each violation thereafter shall
result in a fine of $500.00 plus no further
Page 22 of 26
inspections being performed until a complete
compliance plan is submitted and approved.
All as set forth in the City's Schedule of
Civil Penalties Section 2-829 of this Code.
Each 24-hour day is to be considered a
separate violation.
Section 36-8 Construction equIpment 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 shall
be prohibited on the hours and days set
forth in Section 10-6 of this code.
Additionally, construction workers and
vehicles shall not arrive on site prior to
the hour of 7:00 a.m. or after 6:30 p.m. 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
Page 23 of 26
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 of
Compliance is required for the construction
of any principal building/structure pursuant
to Section 10-7 of this code.
Section 36-9 Additional remedies
The making of any sound or noise from the
operation or maintenance of any device,
instrument, vehicle, machinery or other
source in violation of any provisions hereof
which endangers comfort, repose, health and
peace of residents in the area is declared
to be a public nuisance and the City is
authorized to pursue any and all remedies
therefore. Nothing herein shall be
construed to limit any private right of
action.
Page 24 of 26
Section 3.
All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of 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 thirty
(30)days after final reading and adoption thereof./
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
2/ This Ordinance shall become effective as specified herein unless
vetoed by the Mayor within ten 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.
Page 25 of 26
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1454:ym
Page 26 of 26