HomeMy WebLinkAboutSubmittal-Commissioner SarnoffCity of Miami Noise Ordinance Key Points
Operation of radios, phonographs or other
sound -making devices; bands, orchestras and
musicians —Generally; exemption. "It shall be
unlawful for any person owning, occupying or having charge of any
building or premises or any part thereof, in the city, at any time to
cause or suffer or allow any loud, unnecessary, excessive or unusual
noises in the operation of any radio, phonograph or other mechanical
sound -making device or instrument, or reproducing device or
instrument, or in the playing of any band, orchestra, musician or
group of musicians, or in the use of any device to amplify the music of
any band, orchestra, musician or group of musicians, where the noise
or music is plainly audible at a distance of 100 feet from the building,
structure, vehicle or premises in which or from which it is produced.
The fact that the noise or music is plainly audible at a distance of 100
feet from the vehicle or premises from which it originates constitutes
prima facie evidence of a violation of this chapter."
Key Points
• Generally relates to music or noise that may emanate from any building, both
residential and business, or vehicles located in the City.
• In order for the music or noise to rise to the level of a violation of the Code it must
be plainly audible at a distance of 100 feet from the building or vehicle.
• Unless legislatively or judicially determined otherwise, the 100 foot distance can
be measured in any direction so long as it is a minimum of 100 feet.
■ The provisions of the section apply at all hours of the day and night.
NOISE OR MUSIC FROM ANY BUILDING, PREMISES OR VEHICLE
Noise or music that is plainly audible at a distance of 100 feet from
a building, premises or vehicle, from which such noise or music is
produced is unlawful. The fact that the noise or music is plainly
audible at a distance of 100 feet from the building, premises or
vehicle from which it originates is evidence of a violation, This
prohibition does not apply to activities and events held in or upon
any city -owned facility or other city -owned property.
MUSIC FROM BARS, CLUBS AND OTHER BUSINESS
ESTABLISHMENTS
The playing of music between the hours of 11:00 pm and 7:00
am the following day is unlawful if it is audible from the outside
of the building so as to disturb the comfort of persons in any
dwelling or residence. This prohibition does not apply to activities
and events held in or upon any city -owned facility or other city -
owned property.
NOISE NEAR HOSPITALS AND SCHOOLS
It is unlawful for any person, by himself or by the operation of any
instrument or vehicle, to make any unnecessary noises within 100
feet of a hospital or other institution reserved for the sick, at any
time, or a school, during school hours.
CONSTRUCTION NOISE
It is unlawful to operate or permit the operation of any tools or
equipment used in construction, drilling, or demolition work (1)
between the hours of 6:00 p.m. and 8:00 a.m. the following day
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Hours of operation of jukeboxes, radios, etc.;
exemption for events on city -owned property;
relaxation. "It shall be unlawful for any person owning, occupying
or having charge of any business establishment, or any part
thereof, in the city, to cause or suffer to cause the playing or
operating of music boxes, jukeboxes, radios, musical instruments
or any other musical devices on or about the premises between the
hours of 11:00 p.m. and 7:00 a.m. the following day, unless such
music boxes, jukeboxes, radios, musical instruments and other
devices are played or operated in a closed building and the sound
is not audible from outside the building so as to disturb the quiet,
comfort or repose of persons in any dwelling, hotel or Vier type
of residence."
Key Points
• Only relates to music emanating from business establishments.
• This section does not have a 100 foot distance requirement, but it doesA7ov a
time frame in which the music is prohibited. (� L.. _
• The playing of music is in violation of the Code if it takes place outdoors or in an
open building and it is audible from the outside of the building so as to disturb the
quiet, comfort or repose of persons in any dwelling or residence between the hours
of 11:00 pm and 7:00 am the following day.
on weekdays, or at any time on Sundays or holidays, if the operation
creates a noise disturbance within a residential district boundary or
within a noise sensitive zone, except for emergency work of public
service utilities or if the city manager has given special permission;
and (2) at any other time such that the sound level at or across a
real property boundary exceeds a reading of 0.79 weighted average
dBA for the daily period of operation.
SIDEWALK AND STREET VENDING
It is unlawful for a vendor to use any noise -making device after
9:00 p,m., except during special events. It is unlawful for a
vendor to use any noise -making device that disturbs the comfort of
others. A vendor operating in any of the following special vending
districts is prohibited from using any noise making device to solicit
customers: Downtown Miami, Coconut Grove, Civic Center, and
Biscayne Boulevard.
MECHANICAL AND FIRE EQUIPMENT
It is unlawful to operate mechanical and fire equipment, including
air conditioning compressors, pumps, blowers, exhaust fans, filters
and other similar noise -producing equipment, in all residential,
institutional, commercial and industrial zoned property, when
such equipment emits noise which exceeds certain noise levels
(more particularly described In section 36-8 of the city code),
measured at the receiving property line nearest to the source.
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