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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #8828 Date: 03/26/2021 Commission Meeting Date: 03/25/2021 Requesting Department: City Commission Sponsored By: Jeffrey Watson District Impacted: Type: Resolution Subject: Noise Prohibition Waiver - Music Week 2021 Budget Impact Analysis Total Fiscal Impact: City Commission Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney Office of the City Clerk Nicole Ewan Valentin J Alvarez Rachel Dooley Barnaby L. Min Victoria Mendez City Clerk's Office Reviewed B Meeting Legislative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Rendered Completed Completed Completed Completed Completed Completed 03/25/2021 9:00 AM 03/30/2021 11:33 AM 03/30/2021 12:03 PM 03/30/2021 1:41 PM 03/31/2021 12:42 PM 03/31/2021 1:52 PM City of Miami Legislation Resolution Enactment Number: R-21-0131 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8828 Final Action Date:3/25/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS FOR MUSIC WEEK 2021 RELATED EVENTS PURSUANT TO SECTIONS 36-5(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION", FOR RELATED EVENTS TO BE HELD AT 298 NORTHEAST 61 STREET, MIAMI, FLORIDA 33137 FROM MARCH 25, 2021 THROUGH MARCH 29, 2021 FOR MUSIC WEEK. WHEREAS, Section 36-5(a) of the Code of the City of Miami, Florida, as amended ("City Code"), prohibits any person having charge of a property to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments, or any other musical devices (collectively, "Devices") on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless the Devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort, or repose of persons; and WHEREAS, Section 36-5(c) of the City Code provides that the City Commission may relax the time restrictions or declare them inapplicable on special occasions by Resolution; and WHEREAS, Music Week is a premier music related event known around the world and held every year in South Florida ("Event"); and and WHEREAS, the City Commission is hereby declares the Event to be a special occasion; WHEREAS, the Event will be held from March 25, 2021 through March 29, 2021; and WHEREAS, the Event will have large gatherings of persons and entertainment will be provided; and WHEREAS, the Event will attract visitors from all over the world to view one -of -a -kind artistic masterpieces and are forums to showcase local talent which benefits the residents and businesses of the City of Miami ("City"); and WHEREAS, this waiver does not provide any exemption from the prohibitions of Section 36-4 of the City Code for the Event; and WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission, by a majority vote, hereby deems this Resolution to be of an emergency nature; 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 time restriction contained in Section 36-5(a) of the City Code is relaxed and inapplicable pursuant to Section 36-5(c) of the City Code, titled " Same — Hours of Operation of Jukeboxes, Radios, Etc.; Exemption for Events on City -Owned Property; Relaxation," for related activities related to the Event at 298 Northeast 61 Street, Miami, Florida 33137 from March 25, 2021 through March 29, 2021. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, Ginty Attor ey 3/31/2021