HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney .��.
DATE: September 17, 2021
RE: September 23, 2021 Commission Meeting Agenda — Substitution of S1 .1 —
A mend Code - Chapter 36 - Same Hours Operations of J i keboxes
File No. 9369
Item SR.1 on the September 23, 202! City Commission Agenda proposes to
amend Chapter 36 of the Code of the City of Miami, Florida, as amended, titled "Noise",
to provide a pilot program for noise disturbances within the NRD-1 district in the City of
Miami. Attached ['lease find updated Legislation to clarify that temporary use permits
shall also comply with these new requirements.
Attachments
cc. Arthur Noriega, V, City Manager
Miriam Santana. Agenda Coordinator
VM/BLMIRSGD
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City of Miami
Legislation
Ordinance:
City Heil
3500 Pan American O rrve
M+ami, EL 33133
wwvv,rnismigo+v.ccm
File Number: 9369
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER
36, SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE') TITLED "NOISE/OPERATION OF RADIOS,
PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS,
ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION," AND SECTION
36-5 OF THE CITY CODE, TITLED "SAME -HOURS OF OPERATION OF
JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS OF CITY -OWNED
PROPERTY RELAXATION," TO PROVIDE A PILOT PROGRAM FOR NOISE
DISTURBANCES WITHIN THE NRD-1 DISTRICT IN THE CITY OF lIJIIAI, .,
FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDINCC)fi�
AN EFFECTIVE DATE AND AN ENDING DATE. `"
SPONSOR{S}: Mayor Francis X. Suarez
-� t rn
WHEREAS, the NRD-1 is a vibrant and diverse neighborhood that has blossd frr
warehouses to a place filled with restaurants, bars, art studios, and larger scale apa nt r,y
buildings; and r- •D
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WHEREAS, the NRD-1 is also home to many nightclubs that operate until the early
hours of the morning in areas surrounded by other like businesses; and
WHEREAS, in an effort to preserve the burgeoning nightlife community as well as to
preserve the standard of living for those who reside in the area the Wynwood Business
Improvement District ("Wynwood BID") has commissioned its own noise study which is attached
to this Legislation as Exhibit "A"; and
WHEREAS, based upon a meeting of the minds of the Wynwood BID and other area
community stakeholders, the Wynwocd BID wishes to implement a pilot program using a
decibel level reading standard to attempt to control the noise pollution emitted from the area
businesses;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THL CITY OF
MIAMI, FLORIDA:
Section 'I The recitals and findings cantained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 36, Section 36-4 of the Code of the City of Miami, Florida, as
amended ('"City Code"), titled "Noise/operation of radios, phonographs or other sound -making
devices; bands, orchestras and musicians -generally; exemption" is amended in the following
particulars:1
° Words and/or figures stricken through shall be deleted. Underscored words andlorfigures shall he
added_ The remaining provisions are now in effect and remain unchanged_ Asterisks indicate omitted and
City of Miami Pagel of 5 Flle 19: 9369 (Revision: J Printed On: Tl13/2921
FFIe ID; 9369 Enactment Number:
"CHAPTER 36
NOISE
Sec. 36-4. Operation of radios; phonographs or other sound -making devices; bands, orchestras
and musicians - Generaily; exemption.
(a) It shall be unlawful for any person awning, occupying or having charge of any
building or premises or any part thereof, in the city, at any time to cause or suffer
or allow any loud; unnecessary, excessive or unusual noises in the operation of
any radio. phonograph or other mechanical sound -making device or instrument.
or reproducing device or instrument, or in the playing of any band, orchestra,
musician au group of musicians, or in the use of any device to amplify the music
of any band. orchestra, musician or group of musicians, where the noise or music
is plainly audible at a distance of 100 feet from the building, structure, vehicle or
premises in which or from which it is produced. The fact that the noise or music is
plainly audible at a distance of 100 feet from the vehicle or premises from which
it crigirtates constitutes prima facie evidence of a violation of this chapter.
(b) It shall be unlawful for any person owning, occupying, or having charge of any
business, including but not limited to an entertainment establishment, alcohol
service establishment, food service establishment, etc„ or any part thereof, that
shares a property line with any property that has a residential use as defined by
ozi ba Article 1 of the Miami 21 Code to cause or suffer to cause the playing or
LI operating of any such noise or such similar music of the following, which is not
iCl.� = an exhaustive list` music, music boxes, jukeboxes, radios, musical instruments,
1—_ any other musical devices; phonograph or other mechanical sound -making
�` '`' device or instrument: reproducing device or instrument: the playing of any
My band, orchestra. musician, or group of musicians; or the use of any device to
iil tik„ amplify the music of any band, orchestra, musician, or group of musicians on or
CC
c„ �' about the premises in any of its outdoor spaces between the hours of 10:00 Lup.m. and 8:00 a.m. the following day. The playing er operating of any noise or
such similar music, including but not limiter! to music, music boxes, jukeboxes,
o radios. musical instruments, any other musical devices: phonograph or other
mechanical sound -making device or instrument; reproducing device or
instrument the playing of ary band, orchestra, musician, or group of musicians:
or the use of any device to amplify the music of any band, orchestra, musician.
or group of musicians between the hours of 1O:00 p,m. and 8:00 a_rn in such
manner shall be prima facie evidence of a violation of this section.
(c)
All of the above and foregoing shall not apply to activities and events held in er
upon any city -owned facility or other city -owned property.
(d) Any establishment operating a sound making device shall be exempted from
subsection (b) if said establishment had an approval prior to the adoption of this
section; is operating completely within a structure; is located within the
unchanged material_
City of Miami Page 2 of 5 Fife 113: 9369 (Revision: j Printed on: 7'ri'2021
FlI� 10: j369
Enactment Humber.
Downtown Development Authority, Omni Redevelopment Area, Coconut C;rove
Business Improvement District, or the Wynwocd Neighborhood Revitalization
District; abuts an area zoned T-6 or above; has a sound making device located
on the primary frontage; is located and operating on the outside of a structure
on or above the fifth floor of a structure; or is located on a property zoned D1,
D2, or T-6-24 or above.
(e) Pilot Program for the NRD-1:
(1) The NRD-1 District as defined in Section 4-5 of the City Code, is exempt
from subsection (a) of this Section throu•haut the duration of the Pilot Program- The
NRD-1 boundaries are . eci_lerelly deserted as bounded by Interstate 05 ."1-95" on the
west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street
on the north between 1-95 and Northwest 5th Avenue and between Northwest 2nd
Avenue and North Miami Avenue and the FEC Corridor on the east. The sojthern
boundary is comprised of NW 20th Street betweeeNorth Miami Avenue and Northwest
1st Place and Northwest 22n J Street between Northwest 1 st_Plece and i-95.
(21 Within the NRD-1 District, it shall he unlawful for any person owning,
accupyinc} or having charge of any building or premises or any part thereof, at any time
to cause or suffer or allow any loud unnecessary, excessive or unusual noises in the
operation of any radio, phonouraoh or other mechanical sound-makin device or
instrument, or reproducing device or instrument, or in the playing of any band, orchestra,
musician or group of musicians, or in the use of any device to amplify the music of anV
band, orchestra, musician or group of musicians where the noise or music'
i. Exceeds 80 dB(A) at a distance of tareater than twenty-five feet (25') from
ne the property line of theproperty on which or from which it is produced; or
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CM ii_ The bass level exceeds 70 dB(C when measured from within art
lee -a rev_
u, j >.X enclosed structure with all windows, doors and ether openings closed: or
iii Exceeds 65 d3(A) when measured from within an enclosed structure with
0 .)
— - all windows, doors and other openings closed.
L) iv. The City Manager or Designee shall have the authority todecreasethe
j allowable decibel Ievels by up to 1CdHfA) andlor 1 OdB(C) during the t]ilot
program based upon the recommendation of the 4nwoad Business
Improvement District and only thi 30 after notice has been *lasted and sent
via certified US Mail to all affected business.
(3) The fact that the noise or music emanating from the property on which or
from which it is produced exceeds the dB(A) sound level referenced in subsection
(c`ei)(ii) and (iii) above constitutes prima feeie evidence the violation has occured. An
violation of this subsection is punishable by a fine of $250.00 for a first offense, and
S500.08 for each offense thereafter and shall be enforced a ainst the ro ert owner
under the provisions of Chapter 2, Article X of this Code, and any other remedies as
provided by law including, but nut limited to an action for in-unctive relief in the circuit
court. Notwithstanding any provision or condition to the contrary, this Pilot Program shall
apply to existing and future Temporary Use Permits issued pursuant to Chapter 62 of the
City Code within the NRD-1 District as defined herein.
City of Mimi
Page 3 of 5 File ID: 9369 (Revisit n ) Printed en. 711 2O21
Fite ID: 9369 Enactment Number:
(4) The pilot program noise standards shall sunset on September 9, 2022,
but may be extended by the City Commission,
Section 3. Chapter 36, Section 36-5 of the City Code, titled "Nviselsame-hours of
operation of jukeboxes, radios. etc.; exemption for events on city -owned property, relaxation," is
amended in the following particulars:1
"CHAPTER 36
NOISE
Sec, 36-5. Same - Hours of operation of jukeboxes. radios, etc.: exemption for events on .city -
owned property: relaxation,
(a) It shall be unlawful for any person owning, occupying or having charge of any
business establishment, or any part thereof, in the city, to cause or suffer to
cause the playing or operating of music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the
hours of 11:00 p.m. and 7:94 a,m, the following day, unless such music boxes,
jukeboxes, radios, musical instruments and other devices are played or operated
in a closed building and the sound is not audible from outside the building so as
co
— MI to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other
CI t s``a type of residence. Upon e second conviction of violation of this section the aounty
ILI
>-= judge City Manager or Designee may at t er their discretion revoke and
o- -sE terminate any license Business Tax Receipt issued under chapter 31 to the
r- `1 feeRsee business.
C.) a,0--)-
Li 48 All of the above and foregoing shall not apply to activities and events held in or
IX "' upon any city -owned facility or other city -owned property
RA
`-4 The city commission may relax the time restrictions contained in paragraphs (a)
above or declare them inapplicable on special occasions by resolution_
Pilot Program for the NI LJ-1:
(1) The NRD-1 District, as defined in Section 4-5 of the City Code, is exempt
from subsection (a) of this Section through the duration of the Pilot Program. The NRD-1
boundaries are generally described as bounded by 1-95 on the west, Northwest 29th
Street on the north including parcels fronting Northwest 29th Street on the north between
1-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami
Avenue, and the FEC Corridor on the east The souther boundary is comprised o€
Northwest 20th Street between North Miami Avenue and Northwest 1st Place. and
Northwest 22nd Street between Northwest 1st' Place and 1-95.
(2), Vithin the NRD-1 District, it shall be unlawful for any person owning,
occuovinri or having charge of any business establishment. or any part thereof, to cause
City of Miami Page 4 of 5 Fire i19; 93G9 (revision: J Printed an! 7/12/21)21
Felt I❑_ 9369 Enactment Number:
ar suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the hours of
3:00 a.m. and 9:00 a.m.. unless such music boxes jukeboxes, radios, musical
instruments and other devices are played or operated in a closed building and the sound
is not plainly audible from outside the building so as to disturb the quiet, comfort or
repose of persons in any dwelling, hotel or other type of residence. Any violation of this
subsection is punishable by a fine of S250.00 fora first offense, and $500.00 for each
offense thereafter and shall be enforced against the property owner under the provisions
of Chapter 2, Article X of this Code, and any other remedies as vrov°ded by law
including. but not limited to, an action for iniunctive relief in the circuit court and may
subiect the business and/or property owner to Toss of their Certificate of Use and/or
Business Tax Receipt. Nlatwithstandinq_anv provision ar condition to the contrary, this
Plot Prourarn shall aooIv to existing and future Ternoorary Use Permits issued pursuant
to Chapter 52 of the City Code within the NRDe1 District as defined herein.
(3) The pilot program noise standards shall sunset on September 9, 2022 but
may be extended by the City Commission.
t
*1,
Section 4, If any section, part of a section, paragraph, clause, phrase. or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after its adoption
and signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor with}n ten (10)
days from the date It was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later_
Cityof Miami Pe9e 5 of 5 Fite ID.' 9369 (Revision: ). Printed on' 71i3f262i
City of Miami
Legislation
Ordinance:
City Hall
3560Pan American Drive
Miami, FL 33133
vuww.miamigoV.COM
File Number: 9369
Final Action Date;
N ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
2 al CHAPTER 36(SECTION 36-4 OF THE CODE OF THE CITY OF
rzt.amI. FLORIDA, AS AMENDED ("CITY CODE"), TITLED "NOISE/OPERATION
EJJ
RAD
OS,
NOGRAPHS OR OTHER
NG DEVICES;
DS, IORCHESTRAS AND M SIC ANS GEONEALL Y (EXEMPTION;"
a"` THER AMENDING SECTION 36-6 OF THE CITY CODE, TITLED "SAME-
�`" URS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR
Liccar ZIZENTS OF CITY -OWNED PROPERTY; RELAXATION," TO PROVIDE A
PILOT PROGRAM FOR NOISE DISTURBANCES (WITHIN THE NRI --1
7ISTRICT IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE AND AN ENDING DATE.
SPONSORS): Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner
Jeffrey Watson
WHEREAS, the NRD-1 is a vibrant and diverse neighborhood that has blossomed from
warehouses to a place filled with restaurants, bars, art studios, and larger scale apartment
buildings; and
WHEREAS, the NRD-1 is also home to many nightclubs that operate until the early
hours of the morning in areas surrounded by other like businesses; and
WHEREAS, in an effort to preserve the burgeoning nightlife community as well as to
preserve the standard of living for those who reside in the area, the Wyriwood Business
Improvement District (`Wynwood BID") has commissioned its own noise study, attached and
incorporated as Exhibit "A"; and
WHEREAS, based upon input from community stakeholders, the \Nynwood BID wishes
to irnplement a pilot program using a decibel level reading standard to attempt to control the
noise pollution emitted from the area businesses;
NOW, THEREFORE, BE IT ORDArNED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Chapter 36/Section 36-4 of the Code of the City of Miami. Florida, as
amended ("City Code"), titled "Noise/Operation of Radios, Phonographs or Other Sound -Making
Devices; Bands, Orchestras and Musicians -Generally; Exemption", is amended in the following
particulars
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged, Asterisks indicate omitted and
City of Miami Pagel of S dire rig.: 9359 (Revision:) Pn+nied On: 8J17/2021
File Pa 2369 i,naotment Number
"CHAPTER 36
NOISE
R
Sec. 36-4. Operation of radios, phonographs or other sound -making devices; bands, orchestras
and musicians - Generally; exemption_
(a)
It shall be unlawful far any person owning, occupying or having charge of any
building or premises or any part thereof, in the city, at any time to cause or suffer
or allow any loud, unnecessary,excessive or unusual noises in the operation of
any radio, phonograph or other mechanical sound -making device or instrument,
or reproducing device or instrument, or in the playing of any band, orchestra.
musician or group of musicians, or in the use of any device to amplify the music
of any band, orchestra, musician or group of musicians, where the noise or music
is plainly audible at a distance of 100 feet from the building, structure, vehicle or
premises in which or from which it is produced. The fact that the noise or music is
plainly audible at a distance of 100 feet from the vehicle or premises from which
it originates constitutes prima facie evidence of a violation of this chapter.
(b) It shall be unlawful for any person owning, occupying, or having charge of any
business, including but not limited to an entertainment establishment, alcohol
service establishment, food service establishment, etc., or any part thereof, that
shares a property fine with any property that has a residential use as defined by
Article 1 of the Miami 21 Code to cause or suffer to cause the playing ar
erating of any such noise or such similar music of the following, which is not
exhaustive list: music, music boxes, jukeboxes, radios, musical instruments,
ny other musical devices; phonograph or other mechanical sound -making
>_ vice o{ instrument; reproducing device or instrument; the playing of any
Lind, orchestra, musician, or group of musicians; or the use of any device to
r. , rrnplify the music of any band, orchestra, musician, or group of musicians on or
,rbout the premises in any of its outdoor spaces between the hours of 10:00
a- p.m. and 8:00 a.m. the following day. The playing or operating of any noise or
r uch similar music, including but riot limited to music. music boxes, jukeboxes,
radios, musical instruments, any other musical devices; phonograph or other
mechanical sound -making device or instrument; reproducing device ar
instrument; the playing of any band, orchestra, musician, or group of musicians;
or the use of any device to amplify the music of any band, orchestra. musician,
or group of musicians between the hours of 10:00 p.m. and B:00 a_min such
manner shall be prima facie evidence of a violation of this section.
(c) Ail of the above and foregoing shall not apply to activities and events held in or
upon any city -owned facility or other city -owned property.
(d) Any establishment operating a sound making device shall be exempted from
subsection (b) if said establishment had an approval prior to the adoption of this
section; is operating completely within a structure; is located within the
unchanged material_
City of Miami Pepe 2 of 5 File 11}: 9369 (Revision:) Printed orr 9f47J2OF7
Fila ID: 93150. Enactment Number
Downtown Development Authority, Omni Redevelopment Area, Coconut Grove
Business Improvement District, or the Wynwood Neighborhood Revitalization
District; abuts an area zoned T-6 cr above: has a sound making device located
on the primary frontage; is located and operating on the outside of a structure
on or above the fifth floor of a structure; or is located on a property zoned DI
D2, or T-6-24 or above.
(e) Pilot Program for the NRD-1"
(1) The NRD-1 District as defined in Section 4-5 of the City Code is exempt
from Subsection (a) of this Section throughout the duration of the Pilot Program,
The NRD-1 boundaries are generally described as bounded by Interstate 95 CI
95°°) on the west, Northwest 29th Street on the north including parcels fronting
Northwest 29th Street on the north between I-95 and Northwest 5th Avenue and
between Northwest 2nd Avenue and North Miami Avenue, and the FEC Corridor
on the east, and Northwest 20th Street between North Miami Avenue and
Northwest lst Place and Northwest 22nd Street between Northwest 1st Place
WI
and I-95 on the south.
(2) Within the NRD-1 District, it shall be unlawful for any person owning,
1.71 r-- ,,.cp occupying, or having charge of any building or premises or any part thereof at
F= any time to cause or suffer or allow any loud. unnecessary, excessive. or unusual
14,1 Lu noiises in the operation of any radio. phonograph. other mechanical sound-
ca we making device or instrument or reproducing device or instrurnent, in the playing
of any band, orchestra, musician, or croup of musicians, or in the use of any
u_ device to amplify the music of any band, orchestra, musician, or group of
musicians where the noise or music:.
Exceeds 80 dB(A) at a distance of greater than twenty-five feet (25') from
the property line of the property on which or from which it is produced;
ii. The bass level exceeds 70 dB(C) when measured from within an
enclosed structure with all windows, doors, and other openings closed; or
Exceeds 65 dB(A) when measured from within an enclosed structure with
all windows, doors, and other openings closed.
The City Manager or Designee shall have the authority to decrease the allowable decibel
levels by up to 10dB(A.) and/or 1 O dB(C) durin tr�h ilvt program based upon the
recommendation of the Wynwood Business Improvement District and after thirty (30) days'
notice has been posted and sent via certified US Mail to all affected business.
(3) The fact that the noise or music emanating from the Property on which or
from which it is produced exceeds the dB(A) sound level referenced in
Subsection (c)(i)(ii) and (iii) above constitutes prima facie evidence the violation
has occured. Any violation of this Subsection is punishable by a fine of $250.00
for a first offense, $500_00 for each offense thereafterand shall be enforced
agaainst the property owner under the provisions of Chapter 2, Article X of the City
Code and any other remedies as provided by law including. but not limited to an
action fair injunctive relief in the circuit court.
City of Miami Page 3 of 5 Fife !D 9369 (Revision:) Primed on: 9/17/2021
File It e36 Enactment Number,
(4) The pilot program noise standards for the NRD-1 shall sunset on
September 9, 2022 but may be extended by the City Commission pursuant to the
provisions of Chapter 2 of the City Code.
4,,
Section 3. Chapter 35/Section 36-5 of the City Code. titled "Noise/Same-Hours of
Operation of Jukeboxes, Radios, etc.; Exemption for Events on City -Owned Property;
Relaxation," is amended in the following particulars:' 0
CHAPTER 36 nrri v.)—r-i
NOISE �W
-10
N
gzi
rl
Sec. 36-5. Same - Hours of operation of jukeboxes, radios, etc.; exemption for events i city -
owned property; relaxation.
{a)
It shall be unlawful for any person owning, occupying or having charge of any
business establishment, or any part thereof, in the city. to cause or suffer to
cause the playing or operating of music boxes, jukeboxes, radios, musical
instruments or any other musical devices en or about the premises between the
hours of 11:00 p.m. and 7 Q0 a.rn the following day, unless such music boxes,
jukeboxes, radios, musical instruments and other 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 in any dwelling, hotel or other
type of residence. Upon a second conviction of violation of this section, the
county judge City Manager or Designee, may at IligsTher their discretion_ revoke
and terminate any Business a Tax Receipt issued under chapter 31 to the
business,
(b) All of the above and foregoing shall not apply to activities and events held in or
upon any city -owned facility or other city -owned property.
(c) The citycommission may relax the time restrictions contained in paragraphs (a)
above or declare them inapplicable on special occasions by resolution,
Pilot Program for the NRD-1
l The NRD-1 District as defined in Section 4-5 of the City Code is exempt
from Subsection (a) of this Section through the duration of the Pilot Program. The
NRD-1 boundaries are generally described as bounded by 1-95 on the west,
Northwest 29th Street on the north including parcels fronting Northwest 29th
Street on the north between i-95 and Northwest 5th Avenue and between
Northwest 2nd Avenue and North Miami Avenue. the FEC Corridor on the east,
and Northwest 20th Street between North Miami Avenue and Northwest 1st
Place and Northwest 22nd Street between Northwest t st Place and 1-95 on the
south.
Civet Miami Page 4 of 5 Fife 10: 936t1 (Revision:) Printed on° 9117'202
F9le ID: 9369 Enactment Number.
(2) Within the IVIED-1 District, it shall be unlawful for any person owning,
occupvirrq, or hhavino charge of art usiness establishment or any part thereof to
Cause or suffer to cause the playing or operating of music boxes, jukeboxes,
radios, musical instruments. or any other Musical devices on or about the
premises between the hours of 3:00 a.m. and 9:00 a.m. unless such music
boxes. jukeboxes, radios, musical instruments, and other devices are played or
❑perated in a closed building and the sound is not plainly audible from outside
the buildino so as to disturb the quiet, comfort, or ruse of persons in any
dwelling, hotel, Or other type of residence. Any violation of this Subsection is
punishable by a fine of $250.00 for a first offense, $500.00 for each offense
thereafter, and shall be enforced against the property owner under the provisions
of Chapter 2, Article X of the City Code and any other remedies as provided by
law including, but not limited to. an action for iniunct fe relief in the circuit court
and may subject the business and/or property owner to loss of their Certificate of
Use and/or Business Tax Receipt.
(3) The pilot program noise standards for the NRD-1 District shall sunset or
September 9, 2022 but may be extended by the City Commission pursuant to the
provisions of Chapter 2 of the City Code.
Section 4. If any section, pars of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective tiirty (30) days after its adoption
and signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
r••
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
0
m
m
City of Mimi Page 5 of 5 rite JD: 9169 (Revision: ) Printed on, 9i17i2021