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File ID: #17857
Ordinance
Sponsored by: Christine King, Commissioner
AN 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 OVERTOWN
ENTERTAINMENT DISTRICT 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.
City of Miami File ID: 17857 (Revision: A) Printed On: 11/6/2025
City of Miami
Legislation
Ordinance
Enactment Number: 14401
File Number: 17857 Final Action Date: 10/9/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
36/SECTION 36-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
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 OVERTOWN
ENTERTAINMENT DISTRICT 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.
WHEREAS, Section 36-4 of the Code of the City of Miami, Florida, as amended ("City
Code") sets forth 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 emanating
from properties during the hours of 11:00 p.m. to 7:00 a.m.; and
WHEREAS, the proposed Overtown Entertainment District Pilot Program provides for
alternate time restrictions and greater distance of measurement for plainly audible observations;
and
WHEREAS, the Overtown Entertainment District is a vibrant and unique neighborhood
and encompasses the area defined by Section 4-6 of the City Code; 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;
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
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: 17857 (Revision: A) Printed On: 11/6/2025
"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. 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.
(3)
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 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
Improvement District and after 30 days' notice has been posted and
sent via certified US Mail to all affected business.
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, warning shall be issued and posted;
b. For a second offense, a fine of $250.00;
c. For a third and subsequent violation, a fine of $500.00.
d. Violations may also be 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
City of Miami File ID: 17857 (Revision: A) Printed On: 11/6/2025
(f)
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.
(4) 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.
(5)
The pilot program shall sunset on November 21, 2025. The City Commission
may extend for one (1) more additional year by Resolution.
Pilot program for the Overtown Entertainment District.
(1) The Overtown Entertainment District, as defined in Section 4-6 of the City Code
is exempt from Subsection (a) of this Section throughout the duration of the
herein created pilot program. The Overtown Entertainment District is generally
bounded by Northwest 2 Avenue on the East, 1-95 on the West, Northwest 11
Terrace on the North and Northwest 8 Street on the South.
(2) Within the Overtown Entertainment District, it shall be unlawful for any person
(3)
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 the noise is produced;
b. Exceeds 68 dB(C), bass level, 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.
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 Code Compliance Director and after 30 days' notice
has been posted and sent via certified US Mail to all affected business.
The fact that the noise or music emanating from the property on which or from
which the noise is produced exceeds the dB(A) sound level referenced in
subsection (f)(2)(a)(b) and (c) above constitutes prima facie evidence that a
violation has occurred. Any violation of this Subsection is punishable as follows:
a. For a first offense, warning shall be issued and posted;
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b. For a second offense, a fine of $250.00 shall be imposed;
c. For a third and subsequent violation, a fine of $500.00 shall be imposed.
d. Violations may also be enforced pursuant to section 2-814, 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 violation 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.
e. For venues with open-air areas, Subsection (f)(2) shall only be
applicable for those venues who have Code Compliance Department
approved necessary directional speakers, sound limiting devices or
other such necessary equipment installed so as to lessen sound
emanations based upon a plan signed and sealed by an acoustic
engineer. Open-air venues without approved sound tampering devices
shall not be eligible for the pilot program.
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.
(4) The City Commission may also declare an exemption from the prohibitions
contained in this Subsection and declare them applicable on special occasions
by resolution for private property.
(5) All days recognized by the Florida Supreme Court as holidays shall be
exempted from compliance with this Section of the City Code.
(6) The pilot program shall sunset on October 9, 2026. 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
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.
City of Miami File ID: 17857 (Revision: A) Printed On: 11/6/2025
(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 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 as follows:
(3)
(a) For a first offense, a warning shall be issued and posted;
(b) For a second offense, a fine of $250.00;
(c) 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
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.
(d) 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.
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
City of Miami File ID: 17857 (Revision: A) Printed On: 11/6/2025
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.
(e) Pilot program for the Overtown Entertainment District.
(1) The Overtown Entertainment District as defined in Section 4-6 of the City Code
is exempt from subsection (a) of this Section through the duration of the pilot
program. The Overtown Entertainment District boundaries are generally
described as bounded by Northwest 2 Avenue on the East, 1-95 on the West,
Northwest 11 Terrace on the North and Northwest 8 Street on the South.
(2) Within the Overtown Entertainment District, it shall be unlawful for any person
(3)
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 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 as follows:
(a) For a first offense, a warning shall be issued and posted;
(b) For a second offense, a fine of $250.00 shall be imposed;
(c) For a third and subsequent violations a fine of $500.00 or violations may
also be imposed pursuant to Section 2-814, 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
violation 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.
(d) 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.
For venues with open-air areas, Subsection (e)(2) shall only be applicable for
those venues who have Code Compliance Department approved necessary
directional speakers, sound limiting devices or other such necessary equipment
installed so as to lessen sound emanations based upon a plan signed and
City of Miami File ID: 17857 (Revision: A) Printed On: 11/6/2025
sealed by an acoustic engineer. Open-air venues without approved sound
tampering devices shall not be eligible for the pilot program.
(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) All days recognized by the Florida Supreme Court as holidays shall be
exempted from compliance with this Section of the City Code.
(6) The pilot program shall sunset on October 9, 2026. 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:
ge = . Wys ng IIQ, C ty ttor -y 9/30/2025
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 File ID: 17857 (Revision: A) Printed On: 11/6/2025