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HomeMy WebLinkAboutO-14117City of Miami Ordinance 14117 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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. SPONSOR(S): Commissioner Ken Russell, Commissioner Joe Carollo 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. City of Miami Page 1 of 2 File ID: 12215 (Revision:) Printed On: 6/23/2025 File ID: 12215 Enactment Number: 14117 Section 2. Chapter 36 of the City Code is hereby amended in the follow particulars:1 "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: ndez, ity Attor ey 9/13/2022 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 Page 2 of 2 File ID: 12215 (Revision:) Printed on: 6/23/2025