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City of Miami
Legislation
Resolution:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7430
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER OR HIS DESIGNEE TO CREATE A CITY-WIDE POLICY
ALLOWING FOR CONDOMINIUM HOMEOWNER'S ASSOCIATIONS TO
APPLY FOR WAIVERS DIRECTLY TO THE CITY MANAGER OR HIS
DESIGNEE FOR APPROVAL OF SECTION 36-4(A) AND (B) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
"OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING
DEVICES; BANDS, ORCHESTRAS AND MUSICIANS —GENERALLY;
EXEMPTION", AS IT RELATES TO THE HOLDING OF FIRST RESPONDER,
MEDICAL AND ESSENTIAL SERVICES PERSONNEL CELEBRATIONS
AND/OR CHARITABLE EVENTS WHILE UNDER EMERGENCY ORDERS DUE
TO THE NOVEL CORONAVIRUS ("COVID-19") PANDEMIC.
SPONSOR(S): Commissioner Ken Russell
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, the Governor of the State of Florida issued Executive Order 20-91 on April
1, 2020 closing all but essential business in the State and ordering persons to stay-at-home to
slow the spread of Novel Coronavirus ("COVID-19"); and
WHEREAS, the Governor of the State of Florida issued Executive Order 20-112 on April
30, 2020 extending the stay-at-home order from Miami -Dade County, Florida; and
WHEREAS, on March 24, 2020 the City of Miami issued an emergency order to slow the
spread of COVID-19 by curtailing all travel within the City limits, listing what essential business
can remain open, and order all other residents to shelter in place and this order was most
recently extended by Order on May 5, 2020; and
WHEREAS, many condominiums have provided a place for charitable events to occur
which have included DJs and other musical artists attending to perform and some performances
have been aired live on social media platforms; and
WHEREAS, these events since the issuance of the stay-at-home orders have provided
much need relief to many residents who have been sheltering in their condominium units
without parks, building amenities or other outdoor activities open and available to them and
serve as a way for our community to show its appreciation to our first responders, medical and
essential services personnel;
City of Miami
Page 1 of 2 File ID: 7430 (Revision: A) Printed On: 5/12/2020
7430 Legislation -SUB
THIS DOCUMENT ISxSUBSTITUTION ro
ORIGINAL. BACKUP ORIGINAL CAN asSEEN xr
END opTHIS DOCUMENT.
File ID: 7430
Enactment Number:
NOW, THEREFORE, BE[TRESOLVED ByTHE COMMISSION OFTHE CITY C}F
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 inthis Section.
Section 2. The City Commission directs that condominium homeowner's associations
beable hoapply hothe City Manager mrhis Designee forovvaiverof8gnUon3G-4(a)ofthaCdv
Code, as amended, pursuant to Section 36-4(b) of the City Code entitled "Operation of radios,
phonographs orother sound -making devices; bands, orchestras and mmueioiane—GeneroYUy;
exemption" to allow for celebrations and/or fundraisers honoring first responders, medical and
essential services personnel during the duration of the local emergency orders related to the
C[)VID-1 9 Pandernic and that the City Manager or his Designee create an application process
which shall contains limitations, including but not limited to, soundvolume, allowed days of the
week and allowed times ofday for the celebrations and/or fundraisers.
Section 4� This Resolution Ubec
ome
signature '
/If the Mayor does not sign this Resolution, itshall become effective *gthe end often (10)calendar days
from the date itwas passed and adopted. Ifthe Mayor vetoes this Resolution, itshall become effective,
immediately upon override of the veto by the City Commission.
City cfMiami Page oofo File ID: r400 (9v,ismn:)Printed on: aoom000
Ci of iami
Legislation
Resolution:
File Number: 7430
SUBSTITUTED
City Hall
3500 Pan American Driv
Miami, FL 33133
www.miamigov.co
Final Actio Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY
VIOLATION TICKETS ISSUED AGAINST RESIDENTIAL PROPERT
PURSUANT TO SECTION 36-4(A) AND (B) OF THE CODE OF T
MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF R
PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; B
ORCHESTRAS AND MUSICIANS —GENERALLY; EXEMPTI
STAY-AT-HOME CELEBRATIONS HONORING FIRST R
MEDICAL, AND ESSENTIAL SERVICES PERSONNEL
COVID-19 PANDEMIC THAT WERE HELD IN THE M
APRIL 2020.
SPONSOR(S): Commissioner Ken Russell
OISE
S
CITY OF
IOS,
DS,
", FOR ANY
PONDERS,
LATED TO THE
THS OF MARCH OR
WHEREAS, Section 36-4(a) of the Code of the C. of Miami, Florida, as amended,
("City Code") prohibits excessive noise or music audibl- >t a distance of one hundred (100) feet
from a building or structure or vehicles from where it i • roduced; and
WHEREAS, Section 36-4(b) of the City C
e provides that the City Commission may
exempt Section 36-4(a) for special occasions b 'esolution; and
WHEREAS, the Governor Ron DeS tis ("Governor") of the State of Florida issued
Executive Order 20-91 on April 1, 2020 ci • ing all but essential business in the State and
ordering persons to stay-at-home to slo - the spread of Novel Coronavirus ("COVID-19"); and
WHEREAS, the Governor of e State of Florida issued Executive Order 20-112 on April
30, 2020 extending the stay-at-hoe order from Miami -Dade County, Florida; and
WHEREAS, on March "_4, 2020 the City of Miami ("City") issued an emergency order to
slow the spread of COVID-1 by curtailing all travel within the City limits, listing what essential
business can remain ope and order all other residents to shelter in place and this order was
most recently extended Order on May 5, 2020; and
WHEREAS, any condominiums have provided a place for charitable events to occur
which have includ - • Disc Jockeys and other musical artists attending to perform and some
performances h e been aired live on social media platforms; and
WH < EAS, these events since the issuance of the stay-at-home orders have provided
much nee ► relief to many residents who have been sheltering in their condominium units
without • >rks, building amenities or other outdoor activities open and available to them and
serve a way for our community to show its appreciation to our first responders, medical and
ess tial services personnel;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
IAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 7430 (Revision:) Printed On: 5/14/2020
File ID: 7430
SUBSTITUTED
Enactment Number
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully _ -t forth in this Section.
Section 2. The City Commission directs that condominium homeowner's associa
be able to apply to the Ci Manager or his Designee for a waiver of Section 36-4(a) of t C
Cole, pursuant to Section 36-4(b) of the C. Code, titled "Operation of radios, phonophs or
other sound -making devices; bands, orchestras and musician enerally„ exemption " to allow
for celebrations and/or fundraisers honoring first responders, medical, and essenti services
personnel during the duration of the local emergency orders related to the COVI 19 pandemic
and that the Ci Manager or his Designee create an application process whic hall contains
limitations, including but not limited to, sound volume, allowed days of the w and allowed
times of day for the celebrations and/or fundraisers.
Section 3. This Resolution shall become effective immediately •on its adoption„
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami
Page 2 of 2 File ID: 7' 0 (Rawer :) Prin 5/14/2020