HomeMy WebLinkAboutO-13671City of Miami
Ordinance 13671
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1755 Final Action Date: 3/23/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 36-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "NOISE/OFF-STREET FREIGHT AND COMMERCIAL
DELIVERY HOURS PILOT PROGRAM", EXTENDING THE PILOT PROGRAM
FOR ONE (1) YEAR; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Francis Suarez
WHEREAS, work and noise created by off-street freight and commercial deliveries
directly affects residential neighborhoods adjacent to delivery sites; and
WHEREAS, there are still noise issues associated with large trucks idling in
neighborhoods until deliveries are accepted by stores which is having a direct impact on the
quality of life in single family and small multi -family residential areas; and
WHEREAS, the continued goal of the pilot program in District 4 is to determine whether
it is in the best interests of the City of Miami ("City") that freight and commercial delivery times
be curtailed to have less of a negative impact on the lives and welfare of residents living within
one hundred (100) feet of a delivery site; and
WHEREAS, commercial property owners have the ability to continue controlled
deliveries to their properties while the extension of the pilot program for one (1) year ensures
that the process underway continues and the daily lives of the surrounding residents to such
businesses are eased;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 36 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars:1
"CHAPTER 36
NOISE
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.
City of Miami Page 1 of 2 File ID: 1755 (Revision:) Printed On: 3/20/2025
File ID: 1755 Enactment Number: 13671
Sec. 36-9. - Off-street freight and commercial delivery hours pilot program.
(a) Intent. In order to alleviate the continued freight and commercial delivery noise that
occurs between the hours of 11:00 p.m. and 6:00 a.m. in areas abutting residential T3 Transect
Zones, the following pilot program is instituted for a period of one (1) year and will automatically
terminate July 31, 2018, and shall apply only to areas abutting residential T3 Transect Zones
in District 4 unless otherwise extended or expanded by affirmative vote of the City Commission.
(b) It shall be unlawful for any freight or commercial deliveries to be received on a property
that is within 100 feet of a T-3 Transect Zone in District 4 between the hours of 11:00 p.m. and
6:00 a.m. Any violation of this Subsection is punishable by a fine of $500.00 and shall be
enforced against the property owner under the provisions of Chapter 2, Article X of this Code,
and any other remedies as provided by law including, but not limited to, an action for injunctive
relief in the Circuit Court. The use of one remedy shall not preclude the use of another.
*I1
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 2/13/2017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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.
City of Miami Page 2 of 2 File ID: 1755 (Revision:) Printed on: 3/20/2025