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Ordinance
File Number: 16-00735
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"NOISE", MORE PARTICULARLY BY CREATING SECTION 36-9, ENTITLED,
"OFF-STREET FREIGHTAND COMMERCIAL DELIVERY HOURS PILOT
PROGRAM"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, the work and noise created by off-street freight and commercial deliveries directly
affects the residential neighborhoods adjacent to the delivery sites; and
WHEREAS, these daily deliveries at any hour of the day or night have a direct impact on the
quality of life in single family and small multi -family residential zones; and
WHEREAS, the goal of the pilot program in District 4 is to determine whether it is in the best
interests of the City of Miami that freight and commercial delivery times be curtailed to have less of a
negative impact on the lives and welfare of the residents living within 100 feet of a delivery site; and
WHEREAS, commercial property owners have the ability to control deliveries to their
properties;
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. 36-9, - Off-street freight and commercial delivery hours Pilot Program.
(a) Intent. In order to alleviate the continued freight and commercial delivery noise that occurs
between the hours of 11:00 p.m. and 6:00 a.m. in areas abutting residential T3 Transect Zones, the
following pilot program is instituted for a period of one (1) year and will automatically terminate July 31
2017, and shall apply only to areas abutting residential T3 Transect Zones in District 4 unless
otherwise extended or expanded by affirmative vote of the City Commission.
,(b) It shall be unlawful for any freight or commercial deliveries to be received on a property that is
City of Miand Page I of 2 File Id: 16-00735 (Version: 2) Printed Ott: 7/1/2016
File Number.' 16-00735
within 100 feet of a T-3 Transect Zone in District 4 between the hours of 11:00 p.m. and 6:00 a.m. Any
violation of this Subsection is punishable by a fine of $500.00 and shall be enforced against the
Property owner under the provisions of Chapter 2 Article X of this Code, and any other remedies as
provided by law including but not limited to, an action for injunctive relief in the Circuit Court. The use
of one remedy shall not preclude the use of another.
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 upon its adoption and signature
of the Mayor. {2}
ROVEI�AS TO FORM AND (CORRECTNESS:
/NORIA WNDEZ
CITY ATTORNEY
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar 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 Miand Page 2 of 2 File Id: 16-00735 (Version: 2) Printed On: 7/1/2016