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Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17300 Final Action Date: 10/9/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 36-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "NOISE/CONSTRUCTION EQUIPMENT,"
AMENDING THE HOURS ALLOWED FOR CONSTRUCTION NOISE;
CREATING A PROCESS FOR NOISE MITIGATION PLANS AND NOISE
WAIVERS WITH CERTAIN EXCEPTIONS AND ENHANCED PENALTIES FOR
VIOLATIONS AND ESTABLISHING DEFINITIONS FOR THE SAME;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Damian Pardo
WHEREAS, Section 36-6 of the Code of the City of Miami, Florida, as amended ("City
Code"), provides for the regulations, restrictions, and exceptions related to noise from operating
construction equipment; and
WHEREAS, the City of Miami ("City") wishes to update the regulated hours, the types of
exception, the process for an exception, and create noise mitigation plans for tham sites that
are operating any tools or equipment used during construction; and
WHEREAS, many construction sites sit in the heart of neighborhoods surrounded by
homes and condominiums where such noises and activity can have an immediate adverse
effect on daily life for the residents which can last for months on end; and
WHEREAS, it is also important that certain construction activity be allowed to occur on
an expedited basis not only for construction, but for life safety and emergent situations; and
WHEREAS, the City Commission believes these amendments to Section 36-6 of the
City Code are in the best interests of both our business and residential communities;
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 following particulars:1
"CHAPTER 36
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.
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File ID: 17300 Enactment Number:
NOISE
Sec. 36-6. Construction equipment.
(a) Prohibition; definitions. Operating or permitting the operation of any tools or equipment
used in construction, drilling, or demolition work such as pile drivers, steam shovels,
pneumatic hammers, pumps, or other like equipment is prohibited, as such sound
creates a noise disturbance across and at a residential district boundary or within a
noise sensitive zone is prohibited:
(1) Between the hours of:
at any timc on Sundays or holidays, such that the sound therefrom creates a
noise disturbance across and at a residential district boundary or within a noise
sensitive zonc, cxccpt for cmcrgcncy work of public service utilities or by special
permission issued pursuant to subsection (c).
a. 7:00 pm to 7:00 am the following day Monday through Friday;
b. 7:00 pm on Friday to Saturday 8:00 am;
c. 6:00 pm on Saturday to Monday 7:00 am;
d. Sundays;
e. Holidays as defined herein.
(2) At any other time, such that the sound level at or across a real property boundary
exceeds a reading of 0.79 weighted average dBA for the daily period of
operation. Such sound levels shall be measured with a sound level meter
manufactured according to standards prescribed by the American National
Standards Institute.
(3)
Except for emergency work of public service utilities or by special permission
issued pursuant to Waiver as provided for in Subsection (c).
(b) Definitions.
Holidays, as used herein for this Section, shall mean those days designated by the United
State Congress as legal public holidays; and observed by the City of Miami. This term shall
apply to any weekday wherein a Holiday is observed, including those weekdays that observe a
Holiday whose actual date was on a weekend cxccpt that whenever any such day shall fall
upon a Sunday, the Monday next following shall be deemed a public holiday for purposes of this
section.
Noise disturbance as used herein, shall mean any sound which (a) endangers or injures the
safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal
sensitivities, or (c) endangers or injures personal or real property.
Noise Mitigation Plan, shall mean a document outlining the strategies utilized by a Noise
Waiver applicant to reduce noise pollution or to reduce the impact of that noise whether
outdoors or indoors.
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Noise sensitive zone, as used herein, shall mean existing quiet zones, if any, and those
areas containing noise sensitive activities including, but not limited to, operations of schools,
libraries open to the public, houses of worship, hospitals, and nursing homes.
Noise Waiver, shall mean the documented authorization for construction work outside of
regular permitted hours.
Notification Letter, shall mean a letter sent, prior to the Noise Waiver request, to properties
located within a 500-ft radius of the location of the proposed Noise Waiver.
Residential districts, as used herein, shall mean any residential district as set forth in the
city's zoning ordinance, as amended, or as may be hereafter amended.
Weighted average dBA, as used herein, means the 24-hour energy average of the sound
pressure level in decibels (dB), as measured on a sound level meter using the A -weighted
network; any readings taken during the period 10:00 p.m. to 7:00 a.m. the following day are
increased by ten dBA before averaging the other readings. The A -weighted network (dBA) is
recommended by the U.S. Environmental Protection Agency as a means of describing
environmental noise because it most closely mimics the human ear by weighting the frequency
spectrum to give greater weight to the frequencies between 1,000 and 6,000 hertz (cycles per
second).
(c) Exceptions to Noise Restrictions.
The city manager, or through an Assistant City Manager or relevant Department Director as
designated by the City Manager, is hereby authorized to permit the operation and use of any of
the abovo construction machinery as set forth in Subsection 36-6(a) during the aforesaid
prohibited periods of time in the event that such operation or use is required to eliminate or
reduce any dangerous or hazardous condition which endangers life or property. This
authorization extends to construction -related activities only which are deemed to be essential in
order to preserve public safety and infrastructure integrity and include, but are not limited to, the
following:
(1) Concrete Pours (inclusive of Mat pours);
(2) Crane Set-up and Disassembly;
(3) Deliveries of construction equipment or materials; or
(4) Dewatering; or
(5) Structural work, such as facade failure response or other urgent stabilization efforts; or
(6) Interior work on sites that do not generate significant noise -related impact.
(d) Applications for a Noise Waiver shall at a minimum, include the following information:
Llj A site plan and location map.
gj Description of work to be performed outside of allowable working hours and the
danqerous or hazardous conditions that will be mitigated as a result of such work.
gj Commencement date and duration of work.
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L Copy of active Building Permit number under which such work is being performed.
A copy of the completed Notification Letter which must also be sent to the City District
Commissioner's office for the corresponding project. Proof of mailing must be provided
in the form of United States Postal Service Certified, Return Receipt Requested. Each
Notification Letter shall include the following:
a. The name, phone number and email address of the project's 24-hour contact
person.
b. A description of work to be conducted.
c. The location of where the work will take place.
d. A copy of the Noise Mitigation Plan or a link to the project website (must contain
a page for Noise Waiver).
Noise Mitigation Plan for the project. The Noise Mitigation Plan must include, at a
minimum:
a. Property Owner, Contractor name, project name and location.
b. Detailed description of work to be performed outside of the allowable 7:00 AM to
7:00 PM hours.
c. The name, phone number and email address of the project's 24-hour contact
person, to address any concerns from the City, residents or other stakeholders.
d. Details of equipment that will be used during extended hours exception.
e. Details of vibratory control measures that will be implemented.
f. Details on how complaints will be resolved or mitigated.
g. Details on strategies that will be implemented to retrofit equipment and reduce
noise generated.
h. Details on how noise levels will be monitored.
gj A dedicated website posting, updating project information every 48 hours during the
period the Noise Waiver is in effect.
(e) A 24" by 36" posted notice, with letters no less than 1" in size, shall be visible to the
Right -of -Way at the location of the approved Noise Waiver and must remain posted
during the period the Noise Waiver is in effect. The notice shall include the contact
information for the project's 24-hour contact person, a description of the work being
conducted, the times approved by the Noise Waiver, and the duration of the noise
waiver, and a link to the project's website.
(f) Utility work on the Right -of -Way Noise Waiver. The City Manager or Designee is hereby
authorized to permit the operation and use of construction machinery that obstructs
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or closes a street or otherwise impedes traffic as outlined in section 54-3 during the
aforesaid prohibited periods of time for the purpose of utility work and roadwork on
the Right -of -Way to eliminate or reduce any dangerous or hazardous conditions this
work may present during normal operating hours. Prior to any authorization for such
work during the prohibited periods of time, a permit as required in section 54-3 must
be obtained and conditionally approved pending the approval of a Noise Waiver as
described in subsection 36-6(d). The Noise Waiver is required to be posted as
described in subsection 36-6(e).
(dg) Violation; penalty. Any person who shall violate any provision of this section shall,
i it on conviction thereof be of ,niched ac provided in section 1 _1 `Z Each 2'l _hoi it da y is to
be considered a separate violation.
(1) Any violation of the Section shall be enforced against the property owner
and/or violator under the provisions of chapter 2, article X of the City Code, as
follows:
a. As a notice of violation pursuant to Sec. 2-814 of this Code which may incur a
daily fine of up to $1,000.00 per diem for a first-time offense or $5,000.00 per
diem for a repeat offense and a one time fine of up to $15,000 for irreparable
and/or irreversible harm; or
b. As a civil infraction pursuant to Sec. 2-823 of the Code in the amount of $500;
and
c. 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. No one remedy shall preclude the use of another.
(2) A finding of guilt by the Code Enforcement Board or Special Magistrate for a
violation shall cause an automatic revocation of any Noise Waiver issued and a
forfeiture for any future Noise Waiver at the project site.
(3) A failure to appeal a civil citation shall be considered an admission of guilt and
will result in the automatic revocation of any issued Noise Waiver and a forfeiture of
any future Noise Waiver at the project site.
*„
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 30 days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wyy ng IIV, C y ttor -y 4/1/2025
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
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