HomeMy WebLinkAboutO-14369City of Miami
Ordinance 14369
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17378 Final Action Date: 6/17/2025
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 CREATE
ALTERNATE HOURS FOR RESTRICTIVE TIMES AND ALTERNATE
DISTANCES FOR SOUND FOR THE MIAMI RIVERSIDE SPECIALTY
DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, Chapter 36, Section 36-4 of the Code of the City of Miami, Florida, as
amended, ("City Code") includes regulations regarding the City of Miami's ("City") 24-hour, 100
foot, plainly audible noise standard; and
WHEREAS, Chapter 36, Section 36-5 of the City Code places a stricter standard on
noise emanation from properties during the hours of 11:00 PM to 7:00 AM; and
WHEREAS, the Miami Riverside Specialty District, as described in Chapter 4 of the City
Code, is a vibrant and unique neighborhood which has transitioned from industrial uses to a
mixed -use entertainment area; and
WHEREAS, consideration has been given to the relationship of this proposed
amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood
Plan ("MCNP"), with appropriate consideration as to whether the proposed change will further
the goals, objectives and policies of the MCNP; Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended ("Miami 21 Code"); and other City regulations; and
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, after careful consideration of this matter, it is deemed advisable and in the
best interest of the general welfare of the City and its residents to amend the Miami 21 Code as
set forth herein; and
WHEREAS, it is found that alternate times and distances, related to noise, for an area
that already leans heavily into the City's entertainment, both indoor and outdoor, but does not
abut historically residentially zoned areas would be greatly beneficial for City residents,
City of Miami Page 1 of 4 File ID: 17378 (Revision: A) Printed On: 8/22/2025
File ID: 17378
businesses, and visitors;
Enactment Number: 14369
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 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
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,
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 4 File ID: 17378 (Revision: A) Printed on: 8/22/2025
File ID: 17378 Enactment Number: 14369
musician, or group of musicians between the 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.
(1) 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.
(2) The above exemption shall not apply to tenants of City owned property or
facilities, such tenants shall be required to seek a waiver pursuant to Section
36-4(c)(1) of the City Code.
(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.
*
Miami Riverside Specialty District
a. The Miami Riverside Specialty District, as defined in Chapter 4 of the City Code,
is exempt from subsection (a) of this Section and shall be governed by Section
36-5(e).
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 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.
City of Miami Page 3 of 4 File ID: 17378 (Revision: A) Printed on: 8/22/2025
File ID: 17378 Enactment Number: 14369
(c) The city commission may relax the time restrictions contained in paragraphs (a)
or declare them inapplicable on special occasions by resolution.
(e) Miami Riverside Specialty District
Lll The Miami Riverside Specialty District, as defined in section 4-5 of the City Code,
is exempt from subsection (a) of this section.
gj Within the Miami Riverside Specialty District, it shall be unlawful for any person
owning, occupying, or having charge of any building or premises or any part
thereof during the hours of 8:00pm — 11:00am 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 is directly
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 directly
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.
*„
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 ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ngg III, City ttor- -y 6/30/2025
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 4 of 4 File ID: 17378 (Revision: A) Printed on: 8/22/2025