HomeMy WebLinkAboutR-19-0484City of Miami
Resolution R-19-0484
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6878 Final Action Date: 11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE
PROHIBITIONS OF SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATIONS OF RADIOS,
PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS,
ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION," AND
RELAXING THE PROHIBITIONS OF SECTION 36-5(A) OF THE CITY CODE,
TITLED "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.;
EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION;"
FURTHER DIRECTING THE CITY MANAGER TO EXEMPT THE PROHIBITION
OF THE CONSUMPTION OF ALCOHOLIC BEVERAGES PURSUANT TO
SECTION 4-1 OF THE CITY CODE AND FURTHER DIRECTING THE CITY
MANAGER TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES UNTIL 5:00
A.M. THROUGH THE ISSUANCE OF A SPECIAL EVENT PERMIT PURSUANT
TO SECTION 54-6.3 OF THE CITY CODE FOR ART BASEL RELATED
EVENTS TAKING PLACE AT MAGIC CITY PROPERTIES LOCATED AT 6001
NE 2ND AVENUE, MIAMI, FLORIDA FROM DECEMBER 6, 2019 THROUGH
DECEMBER 8, 2019.
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, structure, or vehicle from where it is produced; and
WHEREAS, Section 36-4(b) of the City Code provides that the City Commission may
waive the provisions of Section 36-4(a) for special occasions by Resolution; and
WHEREAS, Section 36-5(a) of the City Code prohibits excessive noise or audible music
to be held outside a closed building which disturbs the quiet, comfort, and repose of person in
any dwelling, hotel, or other type of residence between the hours of 11:00 p.m. and 7:00 a.m.;
and
WHEREAS, Section 36-5(c) of the City Code provides that the City Commission may
relax the time restrictions contained in Section 36-5(a) or declare them inapplicable on special
occasions by Resolution; and
WHEREAS, Section 4-1 of the City Code authorizes the City Manager to declare an
exemption from the prohibition of consuming alcoholic beverages; and
WHEREAS, special events are allowed pursuant to Section 56-6.3 of the City Code; and
WHEREAS, Art Basel is an esteemed, modern, and contemporary art show held
annually consisting of special events occurring all over South Florida with specific events within
the City of Miami; and
City of Miami Page 1 of 2 File ID: 6878 (Revision:) Printed On: 4/28/2025
File ID: 6878 Enactment Number: R-19-0484
WHEREAS, Art Basel attracts visitors from all over the world and provides a stage upon
which to showcase world-renowned artists, which is a benefit to the residents of the City of
Miami ("City"); and
WHEREAS, pursuant to Section 2-33(e) of the City Code, the City Commission
unanimously deems this Resolution to be of an emergency nature in order to immediately
protect the public health, welfare, and safety of the City's residents;
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 "Operations of radios, phonographs or other
sound -making devices; bands, orchestras and musicians -Generally; exemptions," for Art Basel -
related events to be held at the Magic City properties located at 6001 NE 2nd Avenue, Miami,
Florida ("Property") from December 6, 2019 through December 8, 2019.
Section 3. The noise restrictions contained in Section 36-5(a) of the City Code are
relaxed pursuant to Section 36-5(c) of the City Code for Art Basel related events to be at the
Property from December 6, 2019 through December 8, 2019.
Section 4. The City Manager is directed to exempt the prohibition of the consumption of
alcoholic beverages on the public streets and in vacant lots at the Property pursuant to Section
4-1 of the City Code during the Art Basel special occasion from December 6, 2019 through
December 8, 2019.
Section 5. The City Manager is further directed to permit alcohol sales until 5:00 A.M.
through the issuance of a special events permit pursuant to Section 54-6.3 of the City Code for
Art Basel -related events to be held at the Property from December 6, 2019 through December
8, 2019.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
endez, City Httor12/6/2019
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.
City of Miami
Page 2 of 2 File ID: 6878 (Revision:) Printed on: 4/28/2025