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Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5351
May be Deferred.
SPONSOR(S): Commissioner Joe Carollo
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
36 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"NOISE;" MORE PARTICULARLY BY AMENDING SECTION 36-4, TITLED
"OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING
DEVICES; BANDS, ORCHESTRAS AND MUSICIANS —GENERALLY;
EXEMPTION," TO PROVIDE FOR THE PROHIBITION OF OUTDOOR MUSIC
BETWEEN SUNDAY THROUGH THURSDAY DURING THE HOURS OF 9:00
P.M. AND 7:00 A.M. THE FOLLOWING DAY AND BETWEEN FRIDAY
THROUGH SATURDAY DURING THE HOURS OF 11:00 P.M. AND 7:00 A.M.
THE FOLLOWING DAY IN AREAS THAT ABUT T3, T4-R, T4-L, T5-R, OR T6-R
TRANSECT ZONES; FURTHER ADDING SECTION 36-10, TITLED "FINES
AND PENALTIES FOR VIOLATION; APPEAL; MEANS OF ENFORCEMENT,"
TO PROVIDE FOR ENFORCEMENT OF THIS CHAPTER, AN APPEAL
PROCESS, AND ENFORCEMENT PROCEDURES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, outdoor music after certain hours directly affects the quality of life for
residents living in adjacent residential neighborhoods; and
WHEREAS, it is in the best interest of the City of Miami ("City") and its residents that
Section 36-4 of the Code of the City of Miami, Florida, as amended ("City Code"), be further
amended to prohibit outdoor music between Sunday through Thursday during the hours of 9:00
p.m. and 7:00 a.m. the following day and between Friday through Saturday during the hours of
11:00 p.m. and 7:00 a.m. in areas that abut residential Transect Zones in an effort to eliminate
noise and minimize the negative impact on the lives and welfare of residents living in the
specified areas;
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 City Code is further amended in the following particulars:1
"CHAPTER 36
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 5 File ID: 5351 (Revision: A) Printed On: 4/15/2025
File ID: 5351 Enactment Number:
NOISE
Sec. 36-4. -Operation of radios, phonographs, or other sound -making devices; bands,
orchestras and musicians —Generally; exemption.
(a) 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.
(b) It shall be unlawful for any person owning, occupying, or having charge of any business
establishment or any part thereof located abut to a T3, T4R, T4L, TSR, or T6R Transect
Zones, as set forth in the Miami 21 Code, 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 Sunday through Thursday, during the hours
of 9:00 p.m. and 7:00 a.m. the following day and between Friday and Saturday during
the hours of 11:00 p.m. and 7:00 a.m. the following day. The playing or operating of any
such music boxes, jukeboxes, radios, musical instruments, or any other musical devices
between the previously stated hours, in such manner is prohibited. If such noise is
audible within the previously stated Transect Zones shall be prima facie evidence of a
violation of this Section.
(b) The city commission may declare an exemption from the prohibitions contained in
paragraph (a) above Section and declare them inapplicable on special occasions by
resolution.
(d) All of the above and foregoing shall not apply to City -sponsored activities and events
held in or upon any City -owned facility or other City -owned property.
Section 36-10. Fines and penalties for violation; appeal; alternate means of enforcement.
The following civil fines and penalties shall be imposed for violations of this Chapter:
Llj If the offense is the first offense, $250.00 fine.
gj If the offense is the second offense within the preceding 12 months, $1,000.00
fine.
gj If the offense is the third offense within the preceding 12 months, $2,000.00 fine.
If the offense is the fourth offense within the preceding 12 months, one weekend
(noon Friday through noon Monday) business tax receipt conditions and/or
accessory use restrictions shall be imposed limiting the ability to produce any live
or amplified sound at that portion of the premises that caused the violation, in
addition to a $3,000.00 fine.
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If the offense is the fifth offense within the preceding 12 months, two weekend
(noon Friday through Monday) business tax receipt conditions and/or accessory
use restrictions shall be imposed limiting the ability to produce any live or
amplified sound at that portion of the premises that caused the violation, in
addition to a $5,000.00 fine.
If the offense is the sixth or greater offense within the preceding 12 months, it
shall be considered a habitual offender offense with penalties and fines imposed
pursuant to F.S. § 162.04(5) and Subsection 2-814 of this Code.
M The first time an offense is committed while the violator was also engaged in an
illegal commercial or nonpermitted, nonresidential use in a residential zoning
district, $1,000.00, notwithstanding the fine provision in Subsection (1) above.
The second of any subsequent time an offense is committed while the violator
was also engaged in an illegal commercial or nonpermitted, nonresidential use in
a residential zoning district, $5,000.00 notwithstanding the fine provisions in
Subsections (2) through (4) above.
A person may receive a separate notice of violation once every hour if a violation has occurred
at any time within that period. Each violation shall constitute a separate offense for which a
separate fine shall be imposed. An offense shall be deemed to have occurred on the date the
violation occurred. Business tax receipt conditions or accessory use restrictions pursuant to this
Section shall be imposed by order of the code enforcement board after finding an offense
warranting suspension or restriction has occurred. An offense occurring 12 months after the last
offense shall be treated as a first offense for purposes of incurring new fines and penalties.
However, any fines or penalties imposed in any prior 12-month period shall not be waived or
altered.
A violator who has been served with a notice of violation shall be afforded all rights as
stated in Section 2-825 of this code.
Any party aggrieved by the decision of a code enforcement board may appeal that
decision to a court of competent jurisdiction as provided in Section 162.11, Florida
Statutes, and Section 2-828 of this Code.
Failure of the named violator to appeal the decision of the code inspector within the
prescribed time -period shall constitute a waiver of the violator's right to administrative
hearing before the code enforcement board. A waiver of the right to an administrative
hearing shall be treated as an admission of the violation and penalties shall be assessed
accordingly. In the event of a fourth or fifth offense and following notification by the code
inspector of the violator's failure to timely request an administrative hearing, the code
enforcement board shall enter an order setting the time during which conditions shall be
imposed on the violator's business tax receipt or, as applicable, the accessory uses shall
be restricted. Such conditions or restrictions shall begin no later than 30 days after entry
of the order by the code enforcement board.
As an alternative or additional means of enforcement, the City may institute
proceedings to revoke or suspend a business tax receipt and/or certificate of use or
seek injunctive relief.
The City may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines. A certified copy of an order imposing a civil fine or City bill for
penalties due under this Section may be recorded in the public records and thereafter
shall constitute a lien upon any other real or personal property owned by the violator and
it may be enforced in the same manner as a court judgment by the sheriffs of this state,
including levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two (2) months from the filing of any
City of Miami Page 3 of 5 File ID: 5351 (Revision: A) Printed on: 4/15/2025
File ID: 5351 Enactment Number:
such lien that remains unpaid, the City may foreclose or otherwise execute on the lien.
All costs and attorney's fees incurred by the City for collecting any fine shall be paid by
the violator.
In cases of habitual offender violations or offenses, the City Manager or Code
Enforcement Board may refer for suspension or revocation of a business tax receipt and
certificate of use as provided in Section 31-48 of this Code. Upon a finding of habitual
offender violations or offenses by the City Manager, a business tax receipt suspension,
revocation and/or fine shall be imposed. Suspensions shall be imposed with restrictions
limiting the ability to provide any live or amplified sound as either a condition of the
business tax receipt or as an accessory use restriction. In the event the violator is a
hotel, motel, condominium, apartment or other residential property, accessory use
restrictions shall be imposed in lieu of a business tax receipt revocation which results in
the eviction of residents. Additionally, in the event of a revocation, as a condition of
being permitted to resume operation under the business tax receipt, the City Manager
shall utilize the criteria set forth in Section 5-35 of this Code to impose such conditions or
restrictions as deemed appropriate to assure compliance with all City Code.
In determining the length of the suspension or accessory use restriction to be imposed under
this Subsection, the City Manager shall consider the following factors: the gravity of the
violations or offenses; any actions taken by the violator to correct the violations or offenses; and,
any previous violations or offenses committed by the violator. No suspension or accessory use
restriction imposed under this Subsection shall be for a period of time of less than thirty (30)
consecutive days.
In the event a habitual offender does not hold a business tax receipt or certificate of use, the
code enforcement board shall impose a fine up to $5,000.00 per violation.
Any fine imposed under this article shall become a lien pursuant to the procedures of
Sections 2-816, 2-817 and 2-827 of this Code.
Nothing herein shall restrict the powers and authority granted to the various boards and
committees of the City, including the imposition of conditions and sanctions not
specifically enumerated in this article.
ill Nothing herein shall be deemed to modify existing applicable state, county or City
building and fire codes, ordinances, laws or regulations.
A decision made by the City not to prosecute a notice of violation, must be based upon
good cause and issued in writing in a public record.
*
*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 thirty (30) days after its adoption and
signature of the Mayor.2
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 4 of 5 File ID: 5351 (Revision: A) Printed on: 4/15/2025
File ID: 5351 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
. II
12/31/2018 - rt6 ia`iddli ez, City ttor
ley ) 2/5/2019
City of Miami Page 5 of 5 File ID: 5351 (Revision: A) Printed on: 4/15/2025