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File ID: #5167
Resolution
Sponsored by: Commissioner Keon Hardemon
A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER
FOR MIAMI ART WEEK RELATED EVENTS PURSUANT TO SECTIONS 36-4(A) AND
(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -
MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS —GENERALLY;
EXEMPTION", AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M.
PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING
WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR
THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING ART BASEL AND
MIAMI ART WEEK OCCURRING FROM DECEMBER 5, 2018 THROUGH DECEMBER
9, 2018.
City of Miami
Legislation
Resolution
Enactment Number: R-18-0532
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5167 Final Action Date:11/15/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION ISSUING A NOISE WAIVER
FOR MIAMI ART WEEK RELATED EVENTS PURSUANT TO SECTIONS 36-4(A) AND
(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -
MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS —GENERALLY;
EXEMPTION", AND AN EXTENSION OF ALCOHOL SALES THROUGH 5:00 A.M.
PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS DURING
WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING REQUIRED", FOR
THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT DURING ART BASEL AND
MIAMI ART WEEK OCCURRING FROM DECEMBER 5, 2018 THROUGH DECEMBER
9, 2018.
WHEREAS, Section 36-4(a) of the Code of the City of Miami, Florida, as amended ("City
Code"), prohibits excessive noise or music audible at a distance of one hundred (100) feet from
a building or structure or vehicles from where it is produced; and
WHEREAS, Section 36-4(b) of the City Code provides that the City Commission may
exempt Section 36-4(a) for special occasions by Resolution; and
WHEREAS, Section 4-3(b) of the City Code provides that the City Commission may
extend the hours of sale for alcoholic beverages for consumption on or off the premises for
special occasions by Resolution; and
WHEREAS, Art Basel and Miami Art Week ("Events") are premiere art shows known
around the world and are held every year in South Florida; and
WHEREAS, the Events will be held from December 5, 2018 through December 9, 2018;
and
WHEREAS, the Events will have large gatherings of persons and entertainment will be
provided; and
WHEREAS, the Events attract people from all over the world to view one -of -a -kind
artistic masterpieces and are forums to showcase local talent which benefit the residents of the
City of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The noise prohibition contained in Section 36-4(a) of the City Code is waived
pursuant to Section 36-4(b) of the City Code, titled "Operation of radios, phonographs or other
sound -making devices; bands, orchestras and musicians —Generally; exemption," for the Events
in the Wynwood Business Improvement District ("BID") to be held from December 5, 2018
through December 9, 2018.
Section 3. Alcohol sales are extended until 5:00 A.M. pursuant to Section 4-3(b) of the
City Code, titled "Hours during which Sales allowed; Permits and public hearing required," for
the Events in the Wynwood BID to be held from December 5, 2018 through December 9, 2018.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, Ginty Attor ey 1/15/2019
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.