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File ID: #10602
Ordinance
First Reading
Sponsored by: Ken Russell, Commissioner
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 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," AND CHAPTER 36/SECTION 5 OF THE CITY CODE, TITLED
"NOISE/SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.;
EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO
REMOVE THE EXEMPTION TO ADHERE TO THE NOISE ORDINANCE FOR
TENANTS ON CITY OF MIAMI OWNED PROPERTIES OR FACILITIES; CONTAINING
A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 10602 (Revision:) Printed On: 6/3/2025
City of Miami
Legislation
Ordinance
File Number: 10602
Final Action Date: 10/14/2021
AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 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," AND CHAPTER 36/SECTION 5 OF THE CITY CODE, TITLED
"NOISE/SAME — HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.;
EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," TO
REMOVE THE EXEMPTION TO ADHERE TO THE NOISE ORDINANCE FOR
TENANTS ON CITY OF MIAMI OWNED PROPERTIES OR FACILITIES; CONTAINING
A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Sections 36-4(c) and 36-5(b) of the Code of the City of Miami, Florida, as
amended ("City Code"), provide for an exemption to the City of Miami's ("City") Nosie Ordinance
for activities and events held at City owned properties and facilities; and
WHEREAS, Section 36-4(c) of the City Code states that "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"; and
WHEREAS, Section 36-5(b) of the City Code states that "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"; and
WHEREAS, tenants located on City -owned properties such as Jungle Island and
Bayside have repeatedly been able to violate the Noise Ordinance over the years due to this
exemption and alternate lease agreements; and
WHEREAS, these noise disturbances negatively affect the residents and compliant
businesses in the same areas; and
WHEREAS, these exemptions are for activities and events on City -owned properties and
facilities and tenants are abusing the exemption for their own gain; and
WHEREAS, the leases for these tenants are inconsistent as to noise and while some do
have clauses related to noise, they do not adhere to the City Code restrictions other commercial
properties must adhere to; and
WHEREAS, when these tenants are consistently violating the City Code, it makes it
more difficult for the City to enforce and keep the peace for the residents and neighbors of the
offending property; and
WHEREAS, it is the best interests of the residents and businesses of the City that City
property and facility tenants be required to follow the same law as all other residents and
businesses in the City;
City of Miami File ID: 10602 (Revision:) Printed On: 6/3/2025
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 36 of the City Code is hereby amended in the follow particulars':
"CHAPTER 36"
NOISE
Sec. 36-4. - Operation of radios, phonographs, or other sound -making devices; bands,
orchestras, and musicians —Generally; exemption.
(c) 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. This exemption does not
apply to any tenant of a City -owned property or facility. Any current City -owned
property or facility tenant lease that has a provision in contravention to this Section at
the time of the effective date of this Ordinance shall not be allowed to renew said lease
with any language that does not require full compliance with this Section.
Sec. 36-5. - Same —Hours of operation of jukeboxes, radios, etc.; exemption for events
on city -owned property; relaxation.
(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. This exemption does not
apply to any tenant of a City -owned property or facility. Any current City -owned
property or facility tenant lease that has a provision in contravention to this Section at
the time of the effective date of this Ordinance shall not be allowed to renew said lease
with any language that does not require full compliance with this Section.
*11
Section 3. 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 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
1 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 unchanged material.
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.
City of Miami File ID: 10602 (Revision:) Printed On: 6/3/2025
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 10602 (Revision:) Printed On: 6/3/2025