HomeMy WebLinkAboutmemo-2CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMO ' . • M
TO:
FROM:
DATE:
RE:
Mayor and Members of th- ity Omission
Alejandro Vilarello, C Att
November 21, 200
Noise Ordinance — Su
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ary of Alternative New Noise Ord 1iarge
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On July 24, 2003, the city commission approved on first reading an ordinance substantially
amending the existing proscriptions on loud and obnoxious noise. At and following the
aforementioned meeting a number of citizens expressed interest and concerns regarding the effect
of the proposed legislation and its effects on residential, commercial and marine operations.
On September 25, 2003, this Office requested, and the city commission granted, a deferral
of second reading to permit this Office to meet with persons interested in discussing issues
relative to the noise ordinance. Various meetings with interested citizens took place. Also,
numerous meetings with the affected administrative personnel took place. A report of the concerns
expressed by interested citizens and the administration are attached hereto for your reference.
This Office carefully reviewed and took into consideration of all the concerns expressed
by the interested citizens and the administration. The attached Alternate New Noise Ordinance is
recommended by this Office and includes some but not all of the changes requested. Below is a
summary of the most salient changes to the proposed legislation made since first reading:
✓ The legislation was changed to include a reference to the applicable criteria that is to be
considered prior to the grant of a special permit and/or a certificate.
✓ The legislation was changed to provide that enforcement shall at the city's option be
punishable as a crime, civil infraction, before the nuisance abatement board or other
enforcement procedures authorized by law.
✓ The legislation was changed to reflect changes to sound decibel levels; the use of the fast
meter readings for peak or intermittent sounds and the slow meter readings for
continuous sounds; to define the measurement location for sound readings as being the
location of the receiver; and reducing the reading time to 1 minute.
Enclosures
Distribution:
Joe Arriola, City Manager
Priscilla A. Thompson, City Clerk
Report
On
Noise Ordinance Meetings
The following issues, concerns and changes were presented to the Office of the City Attorney by
interested citizens and affected administrative personnel.
• Concerns with loading and unloading of containers at all hours of the day and night
• Desire for enforcement by various means including code enforcement, police, nuisance abatement
board and any other available means
• Manufacturing/Concrete/Industrial operations — concerns expressed regarding the hours of
permitted operation. For example; the Reuter concrete plant operations.
• Construction noise — desire for different hours of permitted operation applicable to construction
projects once the building shell is up and it is mainly interior work
• Dredging - concerns expressed over what can and can't be done in the public interest - federal
projects; army corp; other
• Regarding the special permit process — concerns over the delays due to the permitting and
questioning regarding why is there an additional step or requirement for a letter/approval from the
city manager
• Questions regarding what the fees to be charged for the special permit or certificate are going to
be and whether there will be other fees.
• Request to add an exemption for ventilation and life safety equipment like that for air
conditioners
• Construction — request for the creation of different rules and hours of operation for projects
outside of 'residential' areas
• Exemption for special events - events at parks - comment to require that the underlying permit be
required to address noise attendant to such activities
• Exemption for city properties — questions and concerns expressed regarding the maintenance of
these provisions
• Exemption — request for an exemption for the marine industry
• Exemption — request for an exemption for concrete processing operations
• Exemption — request for an exemption for dredging in general
• Request for time certain for city commission meeting to hear this item
• Concerns expressed regarding the distance requirement for sound measurement readings
• Concerns expressed regarding the duration of the sound measurement readings
• Exemption for Miami River Dredging Projects
• Request to change the duration of sound measurement reading of 2 minutes to 1 minute