HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
File ID: #16979
Ordinance
Sponsored by: Damian Pardo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -
MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY," TO
PROVIDE FOR CITY COMMISSION WAIVER FOR SPECIAL OCCASIONS AND
OCCASIONS ON CITY OWNED, OPERATED OR LEASED PROPERTIES AND
FACILITIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami File ID: 16979 (Revision:) Printed On: 3/27/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14358
File Number: 16979 Final Action Date: 3/13/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND -
MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS — GENERALLY," TO
PROVIDE FOR CITY COMMISSION WAIVER FOR SPECIAL OCCASIONS AND
OCCASIONS ON CITY OWNED, OPERATED OR LEASED PROPERTIES AND
FACILITIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 36-4(c) of the Code of the City of Miami, Florida, as amended ("City
Code"), provides for exemptions and waivers on special occasions; and
WHEREAS, Section 36-4(c) reads, "All of the above and foregoing shall not apply to
City -sponsored activities and events held in or upon any City -owned facility or City -owned
property. The City Commission may also declare an exemption from the prohibitions
contained in this Subsection and declare them inapplicable on special occasions by resolution
for private property"; and
WHEREAS, the above subsection does not provide for any noise waiver for non -City
sponsored activities that occur on City of Miami ("City") property or in City -owned facilities; and
WHEREAS, this has created issues for many tenant -held events on City property or in a
City facility; and
WHEREAS, Section 36-5(b) and (c) of the City Code provides for the same wavier but
also includes tenants of City property and facilities and an overall waiver authority for the City
Commission; and
WHEREAS, it is the best interests of the residents and businesses of the City that the
waiver in Section 36-4 be similar to that of Section 36-5 and allow tenants on City property and
facility tenants to also seek waivers on special occasions;
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 and incorporated as if fully set forth in this Section.
Section 2. Chapter 36 of the City Code is hereby amended in the follow particulars:1
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 File ID: 16979 (Revision:) Printed On: 3/27/2025
"CHAPTER 36"
NOISE
Sec. 36-4. Operation of radios, phonographs, or other sound -making devices; bands,
orchestras, and musicians —Generally; exemption.
(c) All of the above and foregoing shall not apply to city -sponsored activities and events held
in or upon any city -owned facility or city -owned property.
(1) The city commission may also declare an exemption from the prohibitions contained in
this subsection and declare them inapplicable on special occasions by resolution —
private property.
(2) The above exemption shall not apply to tenants of City owned property or facilities,
such tenants shall be required to seek a waiver pursuant to Section 36-4(c)(1) of the
City Code.
*11
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 immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy,ng III; City ttor -y 12/2/2024
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 File ID: 16979 (Revision:) Printed On: 3/27/2025