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File ID: #10798
Ordinance
Second Reading
Sponsored by: Joe Carollo, Commissioner, Manolo Reyes, Commissioner,
Christine King, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 36, SECTIONS 36-4 AND 36-5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF
RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS,
ORCHESTRAS, AND MUSICIANS — GENERALLY; EXEMPTION" AND "SAME —
HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR
EVENTS ON CITY -OWNED PROPERTY; RELAXATION", TO PROVIDE FOR
INCREASED PENALTIES AND PROSECUTION OPTIONS FOR THE WYNWOOD
NRD-1 NOISE PILOT PROGRAM; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 10798 (Revision:) Printed On: 6/5/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14037
File Number: 10798 Final Action Date: 11/18/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AMENDING CHAPTER 36, SECTIONS 36-4 AND 36-5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OPERATION OF
RADIOS, PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS,
ORCHESTRAS, AND MUSICIANS — GENERALLY; EXEMPTION" AND "SAME —
HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR
EVENTS ON CITY -OWNED PROPERTY; RELAXATION", TO PROVIDE FOR
INCREASED PENALTIES AND PROSECUTION OPTIONS FOR THE WYNWOOD
NRD-1 NOISE PILOT PROGRAM; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 23, 2021, the City Commission adopted Ordinance No.
14020, the Wynwood NRD-1 Noise Pilot Program ("Pilot Program"); and
WHEREAS, during the course of debate of Ordinance No. 14020, the City Commission
determined it would be in best interest of all parties that there be more stringent penalties for
persons, entities, and/or properties that violate the Pilot Program; and
WHEREAS, Section 162.09, Florida Statutes, provides for enhanced penalties for
counties and municipalities of more than 50,000 residents by a majority plus one vote of the
governing body; and
WHEREAS, the NRD-1 is a vibrant mix of nightclubs, restaurants, retail business, and
multifamily residences; and
WHEREAS, the Pilot Program is a diversion from the City of Miami's normal noise
ordinance and more stringent penalties will help ensure a cooperative effort between all persons
and businesses who are affected by the Pilot Program;
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 by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission, by a four -fifths (4/5ths) affirmative vote, hereby
amends Chapter 36 of the Code of the City of Miami, Florida, as amended, in the following
particulars to allow for the greater penalties pursuant to Florida Statute:1
"CHAPTER 36
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.
City of Miami File ID: 10798 (Revision:) Printed On: 6/5/2025
NOISE
Sec. 36-4. Operation of radios, phonographs, or other sound -making devices; bands, orchestras
and musicians - Generally; exemption.
(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 ("I-
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, and Northwest 20th Street between North Miami Avenue and
Northwest 1st Place and Northwest 22nd Street between Northwest 1st Place
and 1-95 on the south.
(2) Within the NRD-1 District, it shall be unlawful for any person owning,
occupying, 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, phonograph, other mechanical sound -
making device or instrument, or reproducing device or instrument, 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:
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 10dB(C) during the pilot 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 as follows:
by For a first offense, a fine of $250.00 for a first offense,i
ii. For a second offense, a fine of $500.00 for each offense thereafter,i
City of Miami File ID: 10798 (Revision:) Printed On: 6/5/2025
Violations may also be punished pursuant to Section 2-817 of the City
Code with a fine in an amount of up to $1,000.00 per diem for a first offense and
a fine in an amount of up to $5,000.00 per diem for a repeat violator to be
assessed by the Code Enforcement Board. The Code Enforcement Board may
also find the violation to be irreparable or irreversible in nature and assess a fine
in an amount of up to $15,000.00 for each violation in accordance with Section 2-
817(c) of the City Code.
Violations and shall be enforced against the property owner and/or violator 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, revocation of Certificate of Use and /or
Business Tax Receipt, and aactions for injunctive 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.
(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.
Sec. 36-5. Same - Hours of operation of jukeboxes, radios, etc.; exemption for events on city -
owned property; relaxation.
(d) 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 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, the FEC Corridor on the east,
and Northwest 20th Street between North Miami Avenue and Northwest 1st
Place and Northwest 22nd Street between Northwest 1st Place and 1-95 on the
south.
(2) Within the NRD-1 District, it shall be unlawful for any person owning,
occupying, or having charge of any business 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
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 as follows:
For a first offense, a fine of $250.00 for a first offense,i
ii. For a second offense a fine, of $500.00 for each offense thereafter,i
City of Miami File ID: 10798 (Revision:) Printed On: 6/5/2025
Violations may also be punished pursuant to Section 2-817 of the City
Code, with a fine in an amount of up to $1,000.00 per diem for a first offense and
a fine in an amount of up to $5,000.00 per diem for a repeat violator to be
assessed by the Code Enforcement Board. The Code Enforcement Board may
also find the violation to be irreparable or irreversible in nature and assess a fine
in an amount of up to $15,000.00 for each violation in accordance with Section 2-
817(c) of the City Code.
Violations and shall be enforced against the property owner and/or violator 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, revocation of Certificate of Use
and/or Business Tax Receipt and aactions for injunctive 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.
(3) The pilot program noise standards for the NRD-1 District 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.
*„
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 thirty (30) days after its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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: 10798 (Revision:) Printed On: 6/5/2025