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File ID: #12215
Ordinance
Second Reading
Sponsored by: Ken Russell, Commissioner, Joe Carollo, Commissioner
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 CHAPTER 36/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," TO
ONLY EXEMPT CITY -SPONSORED EVENTS AT CITY FACILITIES OR
PROPERTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 12215 (Revision:) Printed On: 6/23/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14117
File Number: 12215 Final Action Date: 10/27/2022
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 CHAPTER 36/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," TO
ONLY EXEMPT CITY -SPONSORED EVENTS AT CITY FACILITIES OR
PROPERTIES; CONTAINING A SEVERABILITY CLAUSE AND 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") Noise Ordinance
for activities and events held at City -owned property or facilities; and
WHEREAS, Section 36-4(c) of the City Code provides that, "[a]II 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 similarly provides "[a]II 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, on some occasions, parties other than the City hold events at City facilities;
and
WHEREAS, those private parties have taken advantage of the exemption that was
intended for the City and City events; and
WHEREAS, it is in the best interests of the residents and businesses of the City to
amend the City Code to clarify that only the City, and not third parties, shall be exempt from the
regulations of the noise ordinance;
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:1
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.
City of Miami File ID: 12215 (Revision:) Printed On: 6/23/2025
"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 City -sponsored activities and events held
in or upon any city -owned facility or other city -owned property.
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 City -sponsored activities and events held
in or upon any city -owned facility or other city -owned property. This exemption shall not apply
to any tenant of a City -owned facility or City -owned property.
*„
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
APPROVED AS TO FORM AND CORRECTNESS:
end e ezCiity Attor ey 9/13/2022
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: 12215 (Revision:) Printed On: 6/23/2025