HomeMy WebLinkAboutO-14330City of Miami
Ordinance 14330
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16938 Final Action Date: 11/21/2024
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 36/SECTION 36-4 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED "NOISE/OPERATION OF RADIOS,
PHONOGRAPHS, OR OTHER SOUND -MAKING DEVICES; BANDS,
ORCHESTRAS, AND MUSICIANS — GENERALLY"; AND CHAPTER
36/SECTION 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "NOISE/SAME — HOURS OF OPERATION OF
JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED
PROPERTY; RELAXATION"; TO CREATE A PILOT PROGRAM FOR THE
WYNWOOD NEIGHBORHOOD REVITALIZATION DISTRICT 1 ("NRD-1")
USING DECIBEL READING WITH A BASE DB(C) OF 68, CREATING SCALED
VIOLATIONS AND REQUIRED OPEN AIR VENUE NOISE ATTENUATION
DEVICES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, Section 36-4 of the Code of the City of Miami, Florida, as amended ("City
Code") enforces the City of Miami's ("City") 24-hour, 100 foot, plainly audible noise standard;
and
WHEREAS, Section 36-5 of the City Code places a stricter standard on noise emanation
from properties during the hours of 11:00 p.m. to 7:00 a.m.; and
WHEREAS, the Pilot Program provided for alternate time restrictions and greater
distance of measurement for plainly audible observations; and
WHEREAS, the Wynwood Neighborhood Revitalization District 1 ("NRD-1") is a vibrant
and unique neighborhood which has gone from mainly industrial with some residential to a large
scale restaurant and entertainment area with high-rise residential living; and
WHEREAS, the City Commission believes that finding an alternate time and schedule
for areas that already lean heavily into the City's entertainment/specialty district, for both indoor
and outdoor uses, but do not abut historically residential zoned areas, would greatly benefit the
City's residents, businesses and visitors; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission
finds that this emergency ordinance is in the best interest of local businesses and those
residents and visitors for the fast -approaching holiday season;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 6 File ID: 16938 (Revision:) Printed On: 8/8/2025
File ID: 16938 Enactment Number: 14330
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 36 of the City Code is amended in the following particulars:1
"CHAPTER 36
NOISE
Chapter 36 — Noise
Sec. 36-4. Operation of radios, phonographs, or other sound -making devices; bands,
orchestras, and musicians —Generally; exemption.
(a)
It shall be unlawful for 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 line 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 or operating of any such noise
or such similar music of the following, which is not an exhaustive list: music, music
boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph
or other mechanical sound -making device or instrument; reproducing device or
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 on or about the premises in any of its outdoor spaces between the hours of
10:00 p.m. and 8:00 a.m. the following day. The playing or operating of any noise or
such similar music, including but not limited to music, music boxes, jukeboxes, radios,
musical instruments, any other musical devices; phonograph or other mechanical
sound -making device or instrument; reproducing device or 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
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 Page 2 of 6 File ID: 16938 (Revision:) Printed on: 8/8/2025
File ID: 16938 Enactment Number: 14330
hours of 10:00 p.m. and 8:00 a.m. 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 city -sponsored activities and events
held in or upon any city -owned facility or city -owned property. The city commission
may also declare an exemption from the prohibitions contained in this subsection and
declare them inapplicable on special occasions by resolution for private 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 Downtown
Development Authority, Omni Redevelopment Area, Coconut Grove Business
Improvement District, or the Wynwood 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 throughout the duration of the herein created pilot
program. The NRD-1 is generally bounded by Interstate 95 ("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 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, or other mechanical
sound -making device, instrument, or reproducing device; 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.
a. Exceeds 80 dB(A) at a distance of greater than 25 feet from the property
line of the property on which or from which it is produced;
b. The bass level exceeds 70 68 dB(C) when measured from within an
enclosed structure with all windows, doors and other openings closed;
or
c. Exceeds 65 dB(A) when measured from within an enclosed structure
with all windows, doors, and other openings closed.
d. The city manager 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
City of Miami Page 3 of 6 File ID: 16938 (Revision:) Printed on: 8/8/2025
File ID: 16938 Enactment Number: 14330
(3)
Improvement District and after 30 days' notice has been posted and
sent via certified US Mail to all affected business.
c. The city commission may also declare an exemption from the
piny Tkionrs--Czc-ntained this cubsec n a declare them inapplicable
on special occasions by resolution for private property.
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
(e)(2)a., b. and c. above constitutes prima facie evidence the violation has
occurred. Any violation of this subsection is punishable as follows:
a. For a first offense, a fine of $250.00 warning shall be issued and posted;
b. For a second offense, a fine of $500.00 $250.00;
c. For a third and subsequent violation, a fine of $500.00.
d. Violations may also be punished enforced pursuant to section 2-817 et
seq. 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 subsection 2-817(c)
of the City Code.
Violations 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 actions 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 shall sunset on January 26, 2024. The City
Commission may also declare an exemption from the prohibitions contained in
this subsection and declare them in applicable on special occasions by
resolution for private property.
The pilot program shall sunset on November 21, 2025. The City Commission
may extend for one (1) more additional year by Resolution.
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
City of Miami Page 4 of 6 File ID: 16938 (Revision:) Printed on: 8/8/2025
File ID: 16938 Enactment Number: 14330
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 7:00 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 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 city manager or designee, may at their discretion, revoke any business tax
receipt issued under chapter 31 to the business.
(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 city -owned property. This exemption shall not
apply to any tenant of a city -owned facility or city -owned property.
(c) The city commission may relax the time restrictions contained in paragraphs (a) or
declare them inapplicable on special occasions by resolution.
(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 12:00 1:00 a.m. to 9:00 a.m., Monday through
Wednesday and the hours of 3:00 a.m. to 9:00 a.m., Thursday through Sunday,
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 $250.00 for a first offense, $500.00 for
nh off so af4 d shall be fore inst proper rt r
e�cn--mya ��T,ei-l�� e�eurce♦•—ai-lcr�rran--per,., �e,,i-lTcrc y �,, ,� �.r�+rrr� cr
unde the pr �rchapte�article X of ttte City Code and an i other
remedies as provided by law including, but not limited to, an action for
injunctive relief in the circuit court and may subject the business and/or property
owner to Ios6 of their certificate of use and/or business tax receipt. as follows:
For a first offense, a warning shall be issued and posted;
f For a second offense, a fine of $250.00;
For a third and subsequent violations a fine of $500.00 or violations may
also be enforced pursuant to Section 2-817, et seq. of the City Code
City of Miami Page 5 of 6 File ID: 16938 (Revision:) Printed on: 8/8/2025
File ID: 16938 Enactment Number: 14330
(3)
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 Subsection 2-817 of
the City Code.
LQ The City may also enforce this Subsection pursuant to any other
remedies as provided by law including, but not limited to, revocation of
certificate of use and/or business tax receipt, and actions for injunctive
relief in the circuit court.
The pilot program noise standards shall sunset on January 26, 202/1. For
venues with open-air areas, Subsection (d)(2) shall only be applicable for those
venues who have Code Compliance Department approved directional speakers
and sound limiting devices installed so as to lessen sound emanations. Should
such venues receive more than three (3) violations for which they are found
guilty after appeal or fail to appeal, this pilot program shall not be applicable.
(4) The City Commission may also declare an exemption from the prohibitions
contained in this subsection and declare them inapplicable on special
occasions by resolution for private property.
(5) The pilot program shall sunset on November 21, 2025. The City Commission
may extend for one (1) more additional year by Resolution.
*„
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:
rge = . Wyk ng III, C ty ttor -y 11/12/2024
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 6 of 6 File ID: 16938 (Revision:) Printed on: 8/8/2025