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Ordinance
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Miami, FL 33133
www.ci.miami.fl.us
File Number: 03.0099a Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTERS 2, 10 AND 36 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY REPEALING CHAPTER 36, IN ITS
ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF NEW
CHAPTER 36, ENTITLED "NOISE," TO PROVIDE FOR AND CLARIFY
NOISE PROHIBITIONS AND LIMITATIONS, ESTABLISH FINES FOR
VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES, PROVIDE
FOR AND CLARIFY DAYS AND TIMES PERMITTED FOR
CONSTRUCTION, DREDGING AND LAND FILLING ACTIVITY,
REQUIRE PERMITS, AND PROVIDE FOR ENFORCEMENT
AUTHORITY; MORE PARTICULARLY BY REPEALING EXISTING
SECTIONS 36-1 THROUGH 36-8, IN THEIR ENTIRETY, AND
SUBSTITUTING NEW SECTIONS 36-1 THROUGH 36-9, ADDING NEW
SECTIONS 10-6 AND 10-7, AND AMENDING SECTION 2-829 TO THE
CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE.
Section 1. Chapter 2, Article X, Section 2-829 of the Code of the City of
Miami, Florida, as amended ("City Code"), entitled "Administration/Code
Enforcement/Schedule of Civil Penalties," is amended in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE X. Code Enforcement
*
Sec. 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.
10-6 Failure to comply with provisions thereof.
$100.00
1st offense 100.00
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10-7 Failure to comply with provisions thereof.
2nd offense 250.00
3`d offense 500.00
1 st offense 100.00
2nd offense 250.00
3rd offense 500.00 plus
no further inspections
until compliance plan
approved
*
Failure to comply with provisions in this Chapter.
l st offense 100.00
2nd offense 250.00
3rd offense 500.00
Section 2. Chapter 10, Article I, of the City Code, entitled "Buildings/In
General" is amended in the following particulars:{1}
Sec. 10-6.
"CHAPTER 10
BUILDINGS
ARTICLE I. IN GENERAL
Building construction, dredcanq and land filling
when prohibited; Special Permit when
permitted;
{a) Construction prohibited. No construction, alteration, soil
improvements, general repair of anv building, structure, or other item for
which a permit is required shall be performed in the city before the hour of
6:00 a.m. ("Commencement") or after 8:00 p.m. ("Conclusion") on anv
Monday, Tuesday, Wednesday, Thursday or Friday: on anv Saturday
before the hour of 8:00 a.m. ("Commencement") and after the hour of
6:00 p.m. ("Conclusion"): nor at anv hour on any Sunday or Holiday (as
defined in Section 36-1 of this code). Additionally, to prevent
unreasonably loud, disturbing and unnecessary noises attendant to the
gathering of people, including but not limited to construction workers and
vehicles. neither shall arrive on site prior to one-half hour before
Commencement or depart later than one-half hour following Conclusion.
(b) Dredging, land filling. No dredging and land filling
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operations shall not be carried out in the city before the hour of 7:30 a.m.
("Commencement") or after 6:00 p.m. ("Conclusion") on anv day of the
week. Additionally, to prevent unreasonably loud, disturbing and
unnecessary noises attendant to the gathering of people, including but
not limited to construction workers and vehicles, neither shall arrive on
site prior to one-half hour before Commencement or depart later than
one-half hour following Conclusion.
(c) Special permits authorized. The prohibitions of (a) and
(b) above shall not pertain to such cases where exigent circumstances
exist or legal requirements as set forth in the State Building Code exist
and a special permit shall have been applied for and granted by either the
building department or the public works department of the city, providing
for special inspection by the proper discipline(s) authorized by law to
inspect the particular work to be performed. 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 or
public works 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 which applicant
proposes to work, and in addition thereto shall request and make
arrangements with the department for anv 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 or public works 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. The reviewers of the special permit shall take into
consideration the applicable criteria set forth in Section 1305 of city
ordinance 11000. as amended.
(e) Declared State of Emergency; Hurricanes. 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 National Weather Service as being a hurricane watch,
all furniture. display racks, material and similar loose obiects 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
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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) City owned property/facilitlesLArmy Corp of Engineers
Dredging Protects and Emergency Utility Repairs. The prohibitions of
(a) and (b) above shall not pertain to activities and events held in or upon
any city owned properties/facilities, Army Corp of Engineers Dredging
Proiects or emergency utility repairs.
fq) Violation: enforcement. Enforcement of violation of this
section shall at the Citv's option be 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 Citv's Civil Infraction Enforcement
Procedures set forth in Section 2-823 through 2-829 of this code and/or
before the citv's nuisance abatement board and/or any other enforcement
procedure(s) authorized by law. As set forth in the Citv'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. 10-7. Building Construction. Certificate; When
Required.
a. Certificate required. Approval of a 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. Certificates shall be issued by the individual designated by
the city manager to enforce the city code and only after that individual has
received input and comments from zoning, policejire and neighborhood
enhancement team or their successors. 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 Dian 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
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,
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and construction vehicles.
4. A maintenance plan including the location of trash
receptacles and frequency of garbage 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.
In reviewing the application for a Certificate the various city
departments and personnel shall take into consideration the applicable
criteria set forth in Section 1305 of city ordinance 11000, as amended.
b. Violation: enforcement. Enforcement of violation of this
section shall at the Citv'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 Citv's Civil
Infraction Enforcement Procedures set forth in Section 2-823 through 2-
829 of this code and/or before the city's nuisance abatement board and/or
any other enforcement procedure(s) authorized by law. As set forth in the
Citv's Schedule of Civil Penalties Section 2-829 of this Code a fine of
$100.00 shall be imposed for the first violation of any provision of this
section; $250.00 for the second violation: and $500.00 for the 3rd violation
,of this section, and each violation thereaffei%_ plus upon the occurrence of
the third violation and each violation thereafter no further inspections of
the principal building shall be performed by the city until a complete
compliance plan is submitted and approved. Each 24-hour day is to be
considered a separate violation.
Section 3. Chapter 36 of the City Code entitled "Noise" is repealed in its
entirety and new Chapter 36 is substituted in lieu thereof in the following particulars:{1}
"CHAPTER 36
NOISE
Sec.36-1. Definitions.
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.
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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
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 (base ten 10) of the ratio of the
pressure of the sound measured to the reference pressure, which is
twenty (20) micronewtonsper 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.
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. Infra -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.
Sound level means the A -weighted sound pressure level, usually
measured with a sound level meter (SLM).
Sound level meter means an instrument which includes a
microphone, amplifier, RMS detector, integrator or time average, output
meter, and weighing networks used to measure sound pressure levels,
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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. throuah Sunday 10:00 p.m.
Sec. 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 exceeds
the limits set forth in this article in the applicable use occupancy category.
Sec. 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 transportation noise
sources and other noise shall not be considered in taking measurements
except where such background noise interferes with the primary 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 10, 15 or 20 decibels above the
level of the ambient sound level measurement alone as set forth in Table
I.
(b) The fast meter response of the citv's sound level meter
shall be used in order to best measure peak or intermittent sounds and
the slow meter response of the citv's sound level meter shall be used in
order to best determine that a continuous sound 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 for sounds emanating from public or
private property shall be from the receiver's location. Any measurement
shall be at least one (1) minute in duration.
(di In the case of an elevated or directional sound or noise
source. compliance with the noise limits shall be maintained at any
elevation at the boundary.
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Le) The ambient sound level measurement shall be measured
at the same location utilized in this 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.
Sec. 36-4. Classification of use occupancies.
For purposes of defining "use occupancies," all areas containing
residences legally permitted 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 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 uses, the least restrictive use category
shall prevail. Any area not otherwise classified shall conform to
commercial standards.
Sec. 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 Level Limit
Sound Level
Occupancy
for peak or
Limit for
Category
intermittent
continuous
sounds
sounds (a)DBA
(a)dBA Max
above ambient
Residential
11 pm-6am
80
85
10
15
Mon-Thurs:
Fri, Sat &
12am-ham
Holidays:
Commercial
11. m-6am
85
90
15
20
Mon-Thurs:
Fri. Sat &
12am-6am
Holidays:
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Mfa & Indus -trial
Mon-Thurs:
11 om-6am
85
15
Fri, Sat &
Holidays_:
12am-6am
90
20
Sec. 36-6.
Exemptions.
The following uses and activities shall be exempt from noise level
regulations in this Chapter:
(a) Air conditioners, ventilation units and life safety equipment
are exempt when this equipment is functioning in accord with the
manufacturers specifications and with all manufacturer's standard
mufflers and noise -reducing equipment in use and in proper operating
condition according to standards. The same exception shall apply to lawn
mowers, agricultural equipment and homeowners' mechanized tools
during daylight hours (between sun rise and sun down).
pal Nonamplified crowd noises.
f c) Noises of safety signals, warning devices, emergency
pressure relief valves and bells and chimes of churches.
(d) Noises resulting from any authorized emergency vehicle
when responding to an emergencv call or acting in time of emergency.
(e) 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.
(f) Noises made by persons having obtained a permit to use
the streets.
fig) All noises coming from the normal operations of aircraft
(not including scale model aircraft).
(h) Those motor vehicles controlled by Section 316.293, Fla.
Stat.,_ and as amended from time to time, set forth herein, but not those
motor vehicles exempted from coverage:
"Section 316.293, Fla. Stat.
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...(2) OPERATING NOISE LIMITS. No person shall operate
or be permitted to operate a vehicle at anv time or under anv
condition of roadway grade, Toad, acceleration or deceleration in
such a manner as to 'generate a sound level in excess of the
following limit for the cateaory of motor vehicle and applicable
speed limit at a distance of 50 feet from the center of the lane of
travel under measurement procedures established fthereinl.
(a) For motorcycles other than motor -driven cycles:
Sound level limit
Speed limit Speed limit
35mph or Tess over 35mph
Before January 1,1979 82dBA 86dBA
On or after January 1. 1979 78dBA
82dBA
(b) For anv motor vehicle with a GVWR or GCWR of 10,000
pounds or more:
Sound level limit
On or after January 1, 1979
Speed limit Speed limit
35mph or less over 35mph
86dBA 90dBA
(c) For motor -driven cycles and anv other motor vehicle not
included in paragraph (a) or paragraph (b):
Sound level limit
Before January 1, 1979
On or after January 1, 1979
Speed limit Speed limit
35mph or less over 35mph
76dBA 82dBA
72dBA 79dBA"
"Section 316.293, Fla. Stat.
(6) EXEMPT VEHICLES. The following are exempt from the
operation of this act:
(a) Emergency vehicles operating as specified in
§316,072(5)(a) Fla. Stat.
(b) Any motor vehicle engaged in a professional or amateur
sanctioned, competitive sports event for which admission or
entry fee is charged or practice or time trials for such event.
(c) Any motor vehicle engaged in a manufacturer's
engineering, design or equipment test.
(d) Construction or agricultural equipment either on a job
site or travelino on the highways."
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(i) Vessels operated on the waters of the city muffled
pursuant to 4327.65, Fla. Stat.
(1) Activities and events held in or upon anv city owned facility
or city owned property.
(k) Manufacturing or industrial operations located in the
Industrial (I) or C2 zoning districts and located more than 200 feet from an
R-I single family residentially zoned district. For purposes of this section
distance shall be measured from the property line of the manufacturing or
industrial property to the nearest point of the R-1 zoning district.
Sec. 36-7. Violations enforcement and penalties.
Enforcement of violation of this section shall at the Citv'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 Citv's Civil Infraction Enforcement
Procedures set forth in Section 2-823 through 2-829 of this code and/or
before the citv's nusance abatement board and/or anv other enforcement
procedure(s) authorized by law. As set forth in the Citv'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. land filling, demolition or
emergency work noise; Prohibitions and
limitations.
Construction, land filling, demolition or emergency work noise,
shall be governed by the provisions of sections 10-6 and 10-7 of this
code. No tools, equipment or vehicles, of anv kind, used in construction,
dredging, land filling, demolition or emergency work shall be used,
brought to the site or taken from the site before or after the times
permitted in sections 10-6 and 10-7 of this code. Additionally, a
Certificate is required for the construction of anv new principal
building/structure pursuant to section 10-7 of this code.
Sec. 36-9. Additional remedies.
The making of any sound or noise from the operation or
maintenance of anv 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 anv and all remedies
therefore. Nothing herein shall be construed to limit anv private right of
action."
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Section 4. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final
reading and adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
Footnotes:
Words and/or figures stricken through shall be deleted. Underscored words
and/or figures shall be deleted. The remaining provisions are now in effect and
remain unchanged. Asterisks indicate omitted and unchanged material.
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.
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