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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney s/G"e'x. wysolg-rrr DATE: June 11, 2025 RE: Substitution of SR.2 on the June 12, 2025 City Commission Meeting Amend Code - Chapter 36 - Riverside Specialty District Amendment File No. 17378 Item SR.2 on the June 12, 2025, City Commission Meeting Agenda proposes an amendment of 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. This item is being substituted as requested by the Sponsor to update the hours and maximum distance regarding noise in the Miami Riverside Specialty District to no maximum distance during the hours of 11:01 am-7:59pm and 100-foot maximum distance from 8:00pm-11:00am. cc. Arthur Noriega V, City Manager Miriam Santana, Agenda Coordinator Enclosure(s). GKW/ALK I Sias rnarkki Crory-1 G {y A41\rnc-1 City of Miami Legislation Ordinance File Number: 17378 Final Action Date: 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, businesses, and visitors; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF City of Miami File ID: 17378 (Revision:) Printed On: 5/22/2025 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, 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 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 unchanaed material. City of Miami File ID: 17378 (Revision:) Printed On: 5/22/2025 (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. if 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. (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 The Miami Riverside Specialty District, as defined in section 4-5 of the City Code, is exempt from subsection (a) of this section. City of Miami File ID: 17378 (Revision:) Printed On: 5/22/2025 al 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:OOpm — 11:00am to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of anv 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 anv 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. * * *It 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 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: 17378 (Revision:) Printed On: 5/22/2025 City of Miami Legislation Ordinance File Number: 17378 Final Action Date: 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. 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, businesses, and visitors; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble ble to this Ordinance are City of Miami File ID: 17378 (Revision:) Printed On: 6/12/2025 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, 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. 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: 17378 (Revision:) Printed On: 6/12/2025 (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. * of 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. b. Within the Miami Riverside Specialty District, it shall be unlawful for any person owning, occupying, or having charge of anv building or premises or any part thereof at anv time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of anv radio, phonograph, or other mechanical sound -making device, instrument, or reproducing device; in the planing of anv band, orchestra, musician, or group of musicians; or in the use of anv 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 1,000 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 1,000 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this Chapter. * 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. Oily of Miami File ID: 17378 (Revision:) Printed On: 6✓12/2025 (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 (1) The Miami Riverside Specialty District, as defined in section 4-5 of the City Code, is exempt from subsection (a) of this section. (2) Within the Miami Riverside Specialty 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 following hours of 11:00 p.m. on Monday to 7:00 a.m. Tuesday, 11:00 p.m. on Tuesday to 7:00 a.m. on Wednesday, 11:00 p.m. on Wednesday to 7:00 a.m. on Thursday, 5:00 a.m. on Friday to 9:00 a.m. on Friday, 5:00 a.m. on Saturday to 9:00 a.m. on Saturday, 5:00 a.m. on Sunday to 9:00 a.m. on Sunday, and 12:01 a.m. on Monday to 7:00 a.m. on Monday, unless such music boxes, jukeboxes, radios, musical instruments, and other devices are played or operated in a closed building and the sound is not directly 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. * * *', 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: 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: 17378 (Revision:) Printed On: 6✓12/2025