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File ID: #3719
Ordinance
Second Reading
Sponsored by: Manolo Reyes, Commissioner, Wifredo Gort, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING
CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "NOISE/OFF-STREET FREIGHT AND COMMERCIAL DELIVERY
HOURS," BY ESTABLISHING REGULATIONS AND ADDING ADDITIONAL HOURS;
PROVIDING EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Miami File ID: 3719 (Revision: D) Printed On: 12/11/2018
File Number: 3719
City of Miami
Legislation
Ordinance
Enactment Number: 13775
Final Action Date: 7/26/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "NOISE/OFF-STREET FREIGHT AND
COMMERCIAL DELIVERY HOURS," BY ESTABLISHING REGULATIONS AND
ADDING ADDITIONAL HOURS; PROVIDING EXEMPTIONS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, work and noise created by off-street freight and commercial deliveries
directly affects residential neighborhoods adjacent to delivery sites; and
WHEREAS, it is in the best interest of the City of Miami ("City") and its residents that
Chapter 36-9 of the Code of the City of Miami, Florida, as amended ("City Code"), be further
amended so that freight and commercial delivery times be curtailed to have less of a negative
impact on the lives and welfare of residents living within one hundred (100) feet of a delivery site
as described below and delineated in Exhibit 'A" attached and incorporated; and
WHEREAS, commercial property owners have the ability to control deliveries to their
properties and this Ordinance will improve the daily lives of the surrounding residents to such
businesses;
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 further amended in the following particulars:I
"CHAPTER 36
NOISE
Sec. 36-9. - Off-street freight and commercial delivery hours pilet pFegFam.
(a) IN�t. In order to alleviate the continued freight and commercial delivery noise that
occurs between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and between the
hours of 8:00 p.m. and 8:00 a.m. on weekends in commercial areas abutting residential
T3 Transect Zones, the following nil„+ pF gram ,S ars+;+, ,+owl fe a peried of „ro (1) year
aRlwill a atematRi ea„Ihy f erRa a�l- hi 31, 2019,�,armshall apply City wide to areas
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: 3719 (Revision: D) Printed On: 12/11/2018
cv+onrlor! -r ex-paR ed by affirmatives vete of the Gity Gemmicciei . All delivery vehicles
are required to comply with Section 316.1975, Florida Statutes, during the delivery
process. Due to their uniqueness, the following areas shall be exempted from this
Section: District 5, Coconut Grove Business Improvement District as defined in Section
2-1250 of the City Code, the Downtown Development District as defined by Section 14-
27 of the City Code, and the Allapattah Produce Market as defined by Section 35-374 of
the City Code, all as delineated in Exhibit "A," attached and incorporated, and as
amended from time to time.
(b) It shall be unlawful for any freight or commercial deliveries to be received or staged on a
property that is within one hundred (100) feet of a T-3 Transect Zone in nic+rir++ apr-
nis+� 4 between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and between the
hours of 8:00 p.m. and 8:00 a.m. on weekends. Any violation of this Subsection is
punishable by a fine of $59250.00 for a first offense, and $500.00 for each offense
thereafter 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.
(a) In the case of a declared state of emergency affecting the City and for its duration, this
Section shall not be in force and effect.
*If
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 thirty (30) days after its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 4/1712018
1
Uria nde�ty Ht#or iey 5/16/2018
1
i ria i t-ndez, City A.ttor iey 7/17/2018
DO NOT CERTIFY. PENDING SCRIVENER'S ERROR MEMO.
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: 3719 (Revision: D) Printed On: 1211112018