HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
0: Honorable Mayor and Members of the City Commission
FROM:ictoria Mendez, City Attorney
DATE:
RE:
May 12, 2020
May 14, 2020 Virtual Commission Meeting Agenda — Substitution of RE.8 -
Amending Condominium HOA Noise Waiver Process for First Responder
Celebrations
File No. 7430
Item RE.8 on the May 14, 2020 City Commission Agenda is being substituted
with the following item to amend the Condominium/Homeowners' Association Noise
Waiver Process for First Responder Celebrations by directing the City Manager to accept
applications for noise waivers for first responder celebrations during the pendency of the
local emergency related to the COVID-19 pandemic and to create guidelines including,
but are not limited to, time for events, noise levels, and days of the week in which said
events can occur.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/RGD
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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
File ID: 7430 Enactment Number:
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 or his Designee for a waiver of Section 36-4(a) of the City
Code, as amended, pursuant to Section 36-4(b) of the City Code entitled "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 and that the City Manager or his Designee create an application process
which shall contains 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 and
signature of the Mayor.'
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: 7430 (Revision:) Printed on: 5/12/2020