HomeMy WebLinkAboutR-20-0153City of Miami
Resolution R-20-0153
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7430 Final Action Date: 5/14/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO CREATE A CITY-WIDE POLICY ALLOWING CONDOMINIUM
HOMEOWNER'S ASSOCIATIONS TO APPLY FOR WAIVERS DIRECTLY TO
THE CITY MANAGER OR HIS DESIGNEE FOR APPROVAL 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", FOR
CELEBRATIONS AND/OR CHARITABLE EVENTS RELATED TO FIRST
RESPONDER, MEDICAL, AND ESSENTIAL SERVICES PERSONNEL WHILE
UNDER EMERGENCY ORDERS DUE TO THE NOVEL CORONAVIRUS
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 feet (100') 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 prohibitions of Section 36-4(a) for special occasions by Resolution; and
WHEREAS, Governor Ron DeSantis ("Governor") of the State of Florida ("State") issued
Executive Order 20-91 on April 1, 2020 closing all but essential businesses in the State and
ordering persons to stay-at-home to slow the spread of the Novel Coronavirus ("COVID-19");
and
WHEREAS, the Governor issued Executive Order 20-112 on April 30, 2020 extending
the stay-at-home order for Miami -Dade County; and
WHEREAS, on March 24, 2020, the City of Miami ("City") issued an emergency order to
slow the spread of COVID-19 by curtailing all travel within City limits, listing what essential
businesses can remain open, and ordering all other residents to shelter in place; and
WHEREAS, the City's emergency order was most recently extended on May 12, 2020;
and
WHEREAS, many condominiums have provided a place for charitable events to occur
which have included Disc Jockeys and other musical artists; and
WHEREAS, some of these performances have been aired live on social media
platforms; and
City of Miami Page 1 of 2 File ID: 7430 (Revision: A) Printed On: 5/2/2025
File ID: 7430 Enactment Number: R-20-0153
WHEREAS, since the issuance of the stay-at-home orders, these performances have
provided much needed 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 have also served as a way for our community to show its appreciation to our first
responders, medical, and essential services personnel;
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 City Commission directs that condominium homeowner's associations
be able to apply to the City Manager for a waiver of the prohibitions of Section 36-4(a) of the
City Code 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," 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 COVID-19
pandemic.
Section 3. The City Commission further directs the City Manager to create an
application process which shall contain limitations, including but not limited to, sound volume,
allowed days of the week, and allowed times of day for the celebrations and/or fundraisers.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor ey 6/3/2020
City of Miami Page 2 of 2 File ID: 7430 (Revision: A) Printed on: 5/2/2025