HomeMy WebLinkAboutSubmittal-Sam Dubbin-Supplemental letter in opposition to Ultra Music Festival-DUBBIN
KRAVETZ
VIA EMAIL
Hon. Mayor Francis Suarez and
City Commissioners Ken Russell,
Willy Gort, Keon Hardemon,
Joe Carollo, and Manolo Reyes
3500 Pan American Way
Miami, Florida
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk
July 16, 2019
SAMUEL J. DUBBIN, P.A.
DIRECT (305) 357-9004
sdubbinadubbinkravetz.com
Re: Supplemental Letter From Downtown Residents In Opposition To Ultra
Music Festival in Bayfront Park
Dear All:
This law firm represents the following residents of 50 Biscayne Boulevard and 200
Biscayne Boulevard Way in Downtown Miami: Itai Benosh, Joy Prevor, Ken Schwartz, Victor
Gadino, Santiago Peredo, Carmine Sorrentino, Rebecca Yu, Barry Duceman, Arlene Ramsingh,
Luz Saldarriaga, and Pete Ellis, the 50 Biscayne Condominium Association. Inc.
("Association"), and the Downtown Neighbors Alliance, Inc. ("DNA")("Downtown Residents").
This letter supplements the Downtown Residents' letter of June 26, 2019. New information has
emerged since then which underscores the illegality of the proposed agreement to allow Ultra to
return to Bayfront Park.
Summary. Ultra, and the City Administration, seem determined to lead commissioners to
allow Ultra to blast sound at levels that are documented to be harmful to residents' health and
property; subject the City to potentially huge financial liability; violate the City Charter; violate
your oaths and put your own offices at risk; and ignore the "principle" of a 4/5 vote requirement
the City Attorney's Office previously imposed for no -bid agreements on City property. Recent
emails obtained under Chapter 119 reveal the City Attorney's sudden, and unjustified, and illegal
change, obviously calculated to give Ultra a long -shot chance of garnering three votes when four
were previously required.
In addition, the City Administration has been secretly preparing, without Commission or
public input, to slip in a provision to eliminate the City's recently adopted requirements to be
open to the public for 85% of the year, and the Bayfront park Management Trust's ("BPMT's")
carefully adopted restrictions on sound levels, operating hours. and stage placement for park
events.
Finally, on the substance of the proposal.. Ultra and the City Administration are
attempting" to manipulate the public and this Commission by eliminating some of the most
outrageous provisions from the June proposal (the 5-0 vote requirement for termination, and the
City's payment of up to $1 million of security costs), and coming back with a proposed
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Mayor and City Commissioners
July 16, 2019
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agreement that is similar — but still less favorable to the City — than the September 2018 proposal
this Commission unanimously rejected. The cynicism of this tactic is obvious. Moreover,
we have seen the latest draft, and all proposed changes are cosmetic at best and do not address
the residents' substantive concerns.
1. Health Risks to Residents. It is well-documented, and well-known to each
Commissioner, that previous Ultra Festivals inflicted catastrophic levels of noise and other
harmful impacts on the Downtown residents. Despite these data, Ultra has refused to commit to
safe sound levels for future events. Further, the City Administration has not taken steps to insist
on sound levels that would protect the public health. The Downtown Residents ask that you,
their elected officials, stand firm and commit to vote "No."
The Downtown Residents' June 26, 2019 and June 20, 2018 letters cited the key findings
of the sound study that Brooks Acoustics Corporation conducted before and during the 2018
Ultra Music Festival at Bayfront Park. The conclusions are compelling and will again be made a
part of the record on July 25.1 In addition, at the June 27 Commission meeting, Dr. Ariel
Grobman, a board certified otolaryngologist (ENT), provided his professional medical opinion,
based on the Brooks Acoustics data, about the damaging effect of Ultra's noise on residents'
health. He stated:
That study was a very sound study, very well done, and there are a few
points 1'd like to highlight about the correlation between the noise that's present
and potential harm to residents.
One thing is that we typically use the OSHA standard, or even the newer
CDC standard, to delineate how long people can be exposed to loud noises, and
what level, before permanent damage occurs. Throughout the weekend, not only
is the noise going up from Friday to Sunday, but there are certain areas in the
building where residents can only be present for about an hour before levels
exceed those that can cause temporary or permanent hearing loss.
There's a typical high proportion of bass notes in electronic music, and
these bass notes will actually sensitize the ear and predispose it to more hearing
loss from the remainder of the music, so having the bass going on all that time
will predispose people in the building.
From the sound study we saw that the music shut off was at 1 a.m. and
was resumed again as early as 8 or 9 a.m. That's certainly not enough time, from
both human and animal studies, to allow the inner ear to recover from the damage
that happens from noise -induced hearing loss. Something called "free radicals" .
The letters attached the complete sound study results, and also included many residents'
statements about their horrific experiences with Ultra's noise. These will also be included in the
record for July 25. As explained previously, Ultra in Bayfront Park is a legal nuisance that the
City cannot authorize, and would be egjoined by the courts.
Page 2 of 9
DUBBIN & KRAVETZ, LLP
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Mayor and City Commissioners
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you might have heard that term — they accumulate, and that is just not enough
time to allow someone's ear to heal from that exposure.
And finally, the people that are most predisposed to noise -induced hearing
loss are people with pre-existing hearing loss, and the elderly, and people with
diabetes. So, the population is already predisposed, and then they are getting a
second hit from all this music exposure.
Video Transcript of Miami City Commission Meeting, June 27, 2019, at 1:50:27 to 1:52:46.
http://miamifl.granicus.com/MediaPlayer.php?view id=1&clip id=152
The fact that commissioners are being asked to approve an Ultra festival that would
subject the City to immediate and costly litigation and potentially devastating financial liability
should be sufficient reason for a "No" vote. The fact that commissioners are being asked to
approve levels of noise that are scientifically shown to damage the health of City residents
should cause each of you, as our elected representatives, to simply reject and end the entire Ultra
debacle now, once and for all.
2. Commissioners Who Vote to Approve the Ultra Agreement Would Violate the City
Charter.
As the Downtown Residents' June 26 letter explained in detail, the Proposed Ultra
Agreement is also illegal because it would violate Sections 29-A, 29-B, and 3(f)(111) of the City
of Miami Charter. Those provisions require competitive bidding, independent appraisals, and a
return to the City of fair market value, as a precondition for the City to lease or convey any
interest in Bayfront Park to a private entity. Unfortunately, the City has never complied with
these requirements of the Charter, and the current proposal ignores and violates the Charter as
well. Each Commissioner is risking forfeiture of his office if he votes in favor of Ultra without
compliance with these Charter provisions.
Section 29-B of the Charter is emphatic, directly prohibiting the City Commission itself
(as opposed to "the City") from "favorably considering" any transaction that does not return fair
market value to the city, and that does not result from competitive bidding:
Notwithstanding any provision to the contrary contained in this Charter of
the City Code, and except as provided below, the city commission is prohibited
from favorably considering any sale or lease of property owned by the city unless
there is a return to the city of fair market value under such proposed sale or lease.
The city commission is also prohibited from favorably considering any sale or
lease of city -owned property unless (a) there shall have been, prior to the date
of the city commission's consideration of such sale or lease, an advertisement
soliciting proposals for said sale or lease published in a daily newspaper of
general paid circulation in the city, allowing not less than ninety (90) days for the
city's receipt of proposals from prospective purchasers or lessees ....
Page 3 of 9
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The Miami City Charter Citizens' Bill of Rights now provides that any resident shall
have standing to bring an action to enforce the Charter, after the Charter Review Committee, this
Commission, and 85% of the City's voters (in November 2016) approved an amendment to
allow standing to enforce the Charter without the need to plead or prove "special injury." Of
course, the Downtown Residents who will be harmed by another Ultra Music Festival in
Bayfront Park would clearly suffer injuries that are different in kind than the community at large,
and would have "special injury" standing to enforce the Charter even under the standing rule
adopted by the courts prior to the 2016 amendment.
We understand that the City Attorney's Office has verbally told commissioners and staff
that the decision by Judge Ruiz denying a preliminary injunction requested by the Brickell
Homeowners Association two weeks before Ultra was scheduled to begin on Virginia Key in
March 2019 is precedent that Section 29-A, 29-13, and 3(f)(111) of the Charter do not govern
Ultra. The Office is incorrect. They know full well that a court's denial of a preliminary
injunction has no precedential weight on the issues raised — not in future cases and not even in
the sante case had it proceeded to the full merits. Ladner v. Plaza Del Prado Condominium
Ass'n, Inc., 423 So.2d 927, 929 (Fla. 3d DCA 1982)(findings of fact and conclusions of law
made by the trial court at a preliminary injunction hearing are not binding at the trial on the
merits); David Vincent, Inc. v. Broward County, Florida, 200 F.3d 1325, 1331 (11" Cir.
2000)("Under Florida law rulings on an action for a preliminary injunction are generally not
considered final or conclusive").2
The City Attorney's Office has never provided a written legal opinion to justify the
Commission's circumvention of the Charter for Ultra. Commissioners must therefore proceed at
their own risk.
3. Ultra Cannot Be Approved By a Simple Majority Vote.
In prior years, the Administration justified the circumvention of Charter Sections 29-A.
29-13, and 3(f)(111) by relying on Section 18-85(a) of the City Code to avoid competitive bidding,
and requiring a four -fifth's vote. Although the Downtown residents also rejected that fiction, the
City Administration has now abandoned that position as well, now opining that a simple
majority vote is all that is necessary to approve Ultra. This is an obvious effort to give Ultra an
easier path to an agreement, but the Office has not provided any written justification for this new
view of the Charter and the Code. In fact, City Attorney's Office opinions and records preclude
any possible legal justification to approve Ultra by a simple majority.
As the Commissioners will recall, the City Administration opined that a 4/5 vote was
required for Ultra in September 2018 (for Bayfront Park) and in November 2018 (for Virginia
2 Moreover, for the reasons explained in the Residents' June 26, 2019 letter, at pages 12-15, the
proposed agreement to give Ultra exclusive use of Bayfront Park for 14 days, which is really 30
days (and over two months to restore the grass is a lease or conveyance of an interest in public
property ), according to the Third District Court of Appeal in the Miami -Homestead Speedway
case, and is controlled by Charter Sections 29-A, 29-13, and 3(f)(111).
Page 4 of 9
DUBBIN & KRAVETZ, LLP
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Mayor and City Commissioners
July 16, 2019
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Key) in order to waive competitive bidding under Code Section 18-85. Exhibits 1, 2. But for
the recent June 27 resolution for Ultra, the Administration's position was that only a 3/5 majority
vote was required.
a. The Current Proposal Conflicts With the City Attorney Office Position is That a 4/5
Vote is Required.
Emails obtained under Chapter 119 from the City Attorney's Office destroy any
argument that the Ultra agreement can be approved by a simple majority. In brief, they show
that for any agreement with a private party to use city property that is not the intended, original
use prescribed by law, the transaction is either governed by the Charter (the Residents' argument
all along) or "there needs to be a 4/51h bid waiver."
[A]nytime a user/ proposer is offering less or more than the charges prescribed by
law there is arguably a procurement issue and if the divergence results in 25K or
more (up or down) there needs to be a 4/51h bid waiver.
If it is something that was not built or intended for that use , and there is no Code
provision or regulation prescribing charges for such use, then you need a 4/5`' bid
waiver (unless preempted by the Charter then no waiver - you must procure). For
example major roads in the City where not built for the Indianapolis 500, city
parks mere not designed . for use by for profit companies as lockers or storage
areas, city golf course were not built for shopping malls or hotels.
Email from Rafael Suarez -Rivas to Victoria Mendez, Marta Gomez, Robin Jones, Pablo Velez,
Daniel Diaz, Barnaby Min, and Xavier Alban, October 23, 2018, Exhibit 3 (Emphasis supplied).
According to the City Attorney's Office, the 4/5 vote requirement applies even if the
agreement is called a "RLA, " or "revocable at will license agreement," when it is for multiple
years, provides for exclusivity, is cancellable only for cause, or does not require payment of fair
market value (FMV):
The NMMA Boat Show Revocable License Agreement("RLA") was
done following the requirements of the old JOB/ AQJ III Opinions on RLAs
which you have. The gist of those opinions is there is no defined term, no
exclusivity, no tenancy, and no assignability is conferred , and it can be revoked
at any time. There is no defined interest conferred that needs to be waived by 4/5`h
or otherwise. If you wish to establish a more conservative legal policy that for the
reasons the CA stated today multi-year or multi -event / multi year agreements
involve a "bundle of rights" being conferred or when there is exclusivity or a
fixed term or assignability or cancellation only,for cause or a non-FMYpoyment
then require a 4/51" even if it is an RLA. Simply be uniform.
Id. (Emphasis supplied)
Page 5 of 9
DUBBIN & KRAVETG, LLP
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1117/2018 A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER. -
WHEREAS, the City and Licensee desire and intend to enter into a Revocable License Agreement
("License Agreement") for the use of the Property; and
WHEREAS, the License Agreement is not assignable, is not for a fixed term, and is revocable at -will by
the City Manager, for convenience, without consent of the Licensee; and
WHEREAS, the License Agreement does not transfer any interest in real property, including any
leasehold interest in real property owned by the City or City -owned property managed by the Virginia Key
Beach Park Trust; and
WHEREAS, formal action and approval by the City -of Miami City Commission is required to authorize
and accept this Agreement and is a condition precedent to the Agreement's legal efficacy and validity;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The City Commission, by a four-fifths (4/5ths) affirmative vote, after an advertised public
hearing, ratifies, confirms and approves the City Manager's recommendation and written findings, attached and
incorporated as Exhibit "A," pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as
amended, waiving the requirements for competitive sealed bidding as not being practicable or advantageous to
the City. This waiver is applicable to the City of Miami and its agencies and instrumentalities.
Section 3. The City Manager is authodzed[1] to execute a Revocable License Agreement, in
substantially the attached form, between the City and the Licensee, for the purpose of producing the Event on
the Property, subject to a Use Fee no less than One Million Four Hundred Thousand Dollars ($1,400,000.00)
per Event, with the terms and conditions more particularly described in the License Agreement.
Section 4. The City Manager is authorized' to make non -substantive amendments to such License
Agreement as needed, subject to the City Attorney's approval as to legal form and correctness. Insurance
provisions of the License Agreement Will be subject to the approval of the City's Director of Risk Management.
Section S. This Resolution shall become effective immediately upon adoption and signature of the
Mayon[2]
[ 1 ] The herein authorization is further subject to compliance with all requirements that may be imposed by the City
Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions.
[2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date
it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the
veto by the City Commission.
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Mayor and City Commissioners
July 16, 2019
Submitted into the public
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Although this opinion was issued in connection with the yacht show in October of 2018,
the principles are obviously applicable to every city agreement for private use of publicly owned
land. And, as is clear, the proposed Ultra agreement does exactly what Mr. Suarez -Rivas said
triggered either the Charter or a 4/5 vote — it conveys an exclusive interest in city owned land, is
for multiple years, and does not require Ultra to pay the City fair market value for its use of
Bayfront Park.
b. Recent Texts by the City Attorney's Call for a 4/5 Vote for Ultra
Other public records recently produced under Chapter 119 confirm the City Attorney
Office's position that Ultra requires a 4/5 vote. Exhibit 4 contains two text messages between
the City Attorney and another member of the office ("ACA"). They agree with the Suarez -Rivas
opinion from October 2018 that that because of the amount of money involved and the period of
time Ultra would be occupying the Park, Ultra would require a 4/5 vote, even though they are
calling it a "use agreement."
VM: We agree that Bayfront can approve a use agreement for one year
for ultra?
ACA: Yes one time one year no problem
VM: Does it have to be 4/5 since it's a venue? I guess to be consistent
yes? Let's look this ya (sic) on Monday. What have I said on the record.
Tuesday. Maybe no since it's a venue.
ACA: 4/5 yes because the big $$$ and because the time is not just 4?day
event but load in and load out yes. Like their normal use agreement but more
money insurance.
VM: So 4/5
ACA: Yes to be consistent and for the reasons I suggested. The 4/5 is by
bpmt remember per code all boards serve in lieu of cc fir (sic) bid waivers (unless
multi year).
Text Exchange Between Victoria Mendez and Unidentified ACA, Exhibit 4.
In another text exchange between Victoria Mendez and John Greco on May 28 and 29,
they discussed the 4/5 requirement:
Greco: Spoke to Rick. He was concerned about the 4/5 rule. We will circle back
tomorrow. Rafael and I told him our position.
VM: Thanks John.
Page 6 of 9
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Greco: Do you still want to meet on ultra?
Text Exchange Between Victoria Mendez and John Greco, May 28 and 29, Exhibit 5.
The records produced do not identify who "Rick" is. But on May 28, the City Attorney's
top people said a 4/5 vote was required, but when an agreement was officially proposed on June
27, the Administration called for a simple majority rote.
4. Machinations to Override 85% Park Public Access Requirement and BPMT
Promoters' Packet Rules for Sound Limits. Stage Placement, and Operating Hours.
A few months ago, this Commission enacted an ordinance mandating that Bayfront Park
be open to the public at least 85% of the calendar year. Last month, the BPMT amended its
Promoters Kit, which is binding on lessees and contractors, to impose sensible limits on decibel
levels, sound and light checks, stage placement, and operating hours.
Literally, the day before the scheduled June 27 vote, the City Administration was secretly
preparing, with no input from the public or the Commissioners, to procure language in any Ultra
resolution to override the 85% ordinance. and the safeguards of the BPMT Promoters' Kit
restrictions. Again, emails the DNA obtained under Chapter 119 unmasked this scheme.
On June 26, Deputy City Attorney Barnaby Min asked Chief Assistant City Attorney
Rafael Suarez -Rivas for an interpretation of the 85% park opening requirement the Commission
had recently adopted by ordinance:
Rafael,
We recently drafted an amendment requiring the park to be open to the public for
80% of the year (I think that was the number). How are we interpreting
"open"? Is it the entire park? Just a portion of the park?
Email from Barnaby Min to Rafael Suarez -Rivas, June 26, 2019, Exhibit 6.
Suarez -Rivas acknowledged that there was no existing interpretation that would allow the
City Attorney to administratively override the 85% open park requirement:
We have not made a formal interpretation. In speaking to staff informally
it was thought that this means a majority of the public usable areas of the park -
the green space, the "Bay walk," the Playground , etc. remain open . See highlight
from the Resolution, below.
This reservation of park use applies to Bayfront Park but not to any special
purpose facility within it such as the amphitheater or vessel docks. This
increase in reservation of park use shall not impair previously executed
contracts. This reservation of park use may be reduced or waived by the City
Page 7 of 9
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Mayor and City Commissioners on 07/25/2019 City Clerk
July 16, 2019
Commission for temporary events or for specific events when the City
Commission determines such reduction or waiver is in the City's best
interests.
Email from Rafael Suarez -Rivas to Victoria Mendez and Barnaby Min. June 26, 2019, Exhibit 6.
Mr. Suarez -Rivas made it clear that the Commission would have to override the 85%
requirement, or the BPMT Promoters' Kit restrictions on users' decibel levels, operating hours,
and stage placement, as part of any Ultra Resolution at the June 27 meeting:
The RLA should have to (sic) special brief clauses. I/ In the event of any
conflict between this RLA with and any Bayfront Park rule, regulation or
resolution ( e.g. the promoters' kit) this RLA will control. 2/ The limitations of
City Code Sec. 38-113, as amended, are waived by the CCfor this event.
Id.
Soon after midnight — the actual morning the City Commission was scheduled to take up
the Ultra resolution — the City Attorney weighed in personally to obtain language for the
Commission — so far uninformed about the issue — to reverse its recent Ordinance, and to
override the BPMT Promoters' Kit requirements:
From: Mendez, Victoria
Sent: Thursday, June 27, 2019 12:47 AM
To: Suarez -Rivas, Rafael <RSuarez-Rivas@miamigov.com>
Cc: Gomez, Marta <martagomez@miamigov.com>; Alvarez, Valentin J
<VJAlvarez@miamigov.com>; Diaz, Daylet <DDiaz@miamigov.com>; Min, Barnaby
<bmin@miamigov.com>
Subject: Re: Bayfront Park/ 19-1556
I need this section tomorrow. Too
June 27, 2019, 12:47 AM email from Victoria Mendez to Rafael Suarez -Rivas, Marta Gomez,
Valentin Alvarez, Daylet Diaz, and Barnaby Min, Exhibit 6.
Then, at 9:12 AM on the very day the City Commission was scheduled to take up Ultra,
Mr. Suarez Rivas demanded the necessary language:
From: Suarez -Rivas, Rafael
Sent: Thursday, June 27, 2019 9:12 AM
To: Alvarez, Valentin J; Mendez, Victoria
Cc: Gomez, Marta; Diaz, Daylet; Min, Barnaby; Legislative Division
Subject: RE: Bayfront Park/ 19-1556
Page 8 of 9
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Mayor and City Commissioners
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Please focus on the last sentences of this new Code Section. I recommend any RLA that may be
approved be amended on the floor as follows:
The RLA should have two special brief clauses.
1/ In the event of any conflict between this RLA with any Bayfront Park rule, regulation or
resolution ( e.g. the promoters' kit) this RLA will control.
2/ The limitations of City Code Sec. 38-113, as amended, are waived by the City
Commission for this event.
5. Conclusion. To protect your constituents' health and property, to protect the City's
treasury, and to comply with your oaths to follow to the City Charter and Laws, it is incumbent
on each Commissioner to vote "No" on Ultra.
cc: Emilio Gonzalez, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Respectfully,
P,4
Samuel J. D bin, P.A.
Dubbin & Kravetz, LLP
Page 9 of 9
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EXHIBIT 1
Submitted into the public
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on 07/25/2019 City Clerk .
CITY OF MUNI 1, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Emilio T Gonzalez DATE: July 17, 2018
City Manager
SUBJECT: Approval of finding to waive
competitive sealed bidding methods
for the presentation of the Ultra Musi
Festival at Bayfront Park
FROM; !re Gell REFERENCES:
Interim Executive Director
Bayfront Park Management Trust ENCLOSURES:
At the July 26, 2018, the Miami City Commission is being asked to consider approving a mutli-year Use d
Agreement between the Bayfront Park Management Trust (BPMT) and Event Entertainment Group, Inc, for the -
presentation of the Ultra Music Festival at Bayfront Park beginning in March 2019.
The BPMT respectfully requests your approval and action of the Miami City Commission by a 4/5ths affirmative
vote, after an advertised public hearing ratifying, approving, and confirming the City Manager's (and the
Bayfront Park Management Trust's Executive Director) recommendation, and finding that competitive bidding/ ;
negoVation methods are not practicable or advantageous to the City of Miami ("City"), pursuant to Section 18- 3
85(a) of the Code of the City of Miami; waiving the requirements for said procedures; authorizing the City p
Manager to enter into a Use Agreement, in substantially the attached form, with the BPMT and Event 00
Entertainment Group, Inc., a Florida for profit corporation, subject to City Commission approval.
V
The Ultra Music Festival (Ultra) has been at a BPMT facility since March 2001, and in March 2018, the BPMT
hosted the 201h anniversary edition of the music festival. Ultra is a local, home-grown success story generating X
substantial funds for Bayfront Park and the Miami business community through hotel room bookings, airline 'L
a,
travel, restaurants, car services, cleaning services, other personal services, and City of Miami police and fire
services, just to name. a few. It is a well-established, unique entertainment event that focuses worldwide
attention on Miami. m
.E
r
For reasons stated above, as required by Section 18-85(a) of the Code of the City of Miami, the BPMT
respectfully finds that competitive sealed bidding /negotia n methods are not practicable or advantageous to a
the City or the BPMT for the aforementioned Ultra Musi Festival
If these recommendation and findings meet with y r approval, please indicate by executing below. If you cor
with these findings pleas ent this w itten findi to the City Commission for the required 4/51 vote approval
Approved: Dat SLI,
Emilio T, onzatez, City Majq6er
cc: Fernando Casamayor, Chief Financial Officer/Assistant City Manager
Joe Napoli, Deputy City Manager
18-1405
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CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Commission of the City of Miami, Florida on
Thursday, July 26, 2018 at 9:00 A.M. at City Hall, located at 3500 Pan American Drive,
Miami, Florida 33133 for the purpose of granting the following:
A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S),
BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE AFTER AN
ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND
APPROVING THE CITY MANAGER'S RECOMMENDATION AND
WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS
NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF
MIAMI (OR TO ITS LIMITED AGENCY AND INSTRUMENTALITY
BAYFRONT PARK MANAGEMENT TRUST) TO ENTER INTO A
BAYFRONT PARK USE AGREEMENT WITH EVENT ENTERTAINMENT
GROUP, INC. ("USER") FOR THE PRESENTATION OF AN ANNUAL
ULTRA MUSIC FESTIVAL FOR AN INITIAL PERIOD FROM 2019 TO
2023, WITH ONE (1) OPTION TO RENEW FOR (5) YEARS FOR A
POTENTIAL FINAL TERM OF 2028, ON THE TERMS AND CONDITIONS
INCLUSIVE OF THE GUARANTEED MINIMUM PAYMENTS SET FORTH
IN THE USE AGREEMENT; FURTHER AUTHORIZING THE BAYFRONT
PARK EXECUTIVE DIRECTOR/CITY MANAGER, AS APPLICABLE, TO
EXECUTE THE BAYFRONT PARK USE AGREEMENT WITH THE USER
FOR THE ULTRA MUSIC FESTIVAL, IN SUBSTANTIALLY THE
ATTACHED FORM, AND THE ONE OPTION TO RENEW PROVIDED
THEREIN, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE BAYFRONT PARK MANAGEMENT TRUST.
The Miami City Commission requests all interested parties be present or represented at
the meeting and may be heard with respect to any proposition before the City Commission
in which the City Commission may take action. Should any person desire to appeal any
decision of the City Commission with respect to any matter to be considered at this
meeting, that person shall ensure that a verbatim record of the proceedings is made
including all testimony and evidence upon which any appeal may be based (F.S.
286.0105).
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodations to participate in this proceeding may contact the Office of the City Clerk
at (305) 250-5361 (Voice) no later than five (5) business days prior to the proceeding.
TTY users may call via 711 (Florida Relay Service) no later than five (5) business days
prior to the proceeding.
(City Seal) Todd B. Hannon
#31303 City Clerk
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
EXHIBIT 2
11/7/2018 A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4l5THS) AFFIRMATIVE VOTE AFTER ...
COO OF Miami Submitted into the public
FL record for item(s) RE.4
on 07/25/2019. City Clerk .
"`# `"M" Resolution
It O R 1 V 5067
A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS
(4/STNS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS
EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF
MIAMI TO ENTER INTO A REVOCABLE LICENSE AGREEMENT WITH EVENT
ENTERTAINMENT GROUP, INC. (`LICENSEE") FOR THE PRESENTATION OF AN ANNUAL
ULTRA MUSIC FESTIVAL AT THE MARINE STADIUM SITE AND
VIRGINIA KEY BEACH SITE ON THE TERMS AND CONDITIONS, INCLUDING USE FEE, USE
PERIOD, AND OTHER TERMS SET FORTH IN THE REVOCABLE LICENSE AGREEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVOCABLE LICENSE
AGREEMENT WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN SUBSTANTIALLY THE
ATTACHED FORM, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY.
Information
Department: Department of Real Estate Sponsors:
and Asset Management
Category: Other
Attachments
Agenda Summary and Legislation
5067 Exhibit
5067 Memo - Manager's Approval
5067 Notice to the Public
5067 Back -Up from Law Dept
Financial Impact
General Account No: 04002.221160.469000
Body/Legislation
Chair, District Five Keon
Hardemon
WHEREAS, the City of Miami ("City") is the owner in fee simple of certain real property located
throughout Virginia Key, including but not limited to 3501, 3801, 3861 Rickenbacker Causeway, Miami, Florida,
and the Virginia Key Beach Park Trust is a limited agency and instrumentality of the City with responsibility to
oversee and manage the Historic Virginia Key Beach Park, located at 4000 Virginia Beach Drive, Miami,
Florida, subject to City Commission approval (collectively the "Property" as more particularly described in the
attached License Agreement); and
WHEREAS, Event Entertainment Group, Inc. ("Licensee") hosts an annual electronic music festival
("Ultra Music Festival"); and
WHEREAS, Licensee wishes to use the Property for purposes of producing the Ultra Music Festival
("Event") on an annual basis at the Property; and
httpJlmiamM.igm2.coWCitizensJDetail_LegiFile.aspx41D--5087&highlightTerms=uRra6Print-Yes 1/2
Submitted into the public
record for item(s) REA
on 07/25/2019. City Clerk .
v`\t\ Of.y4
i AGENDA ITEM SUMMARY FORM
File ID: #5067
<OR`O
Date: 10/29/2018 Requesting Department: Department of Real
Estate and Asset Management
Commission Meeting Date: 11/15/2018 Sponsored By: Keon Hardemon
District Impacted:
Type: Resolution
Subject: Bid Waiver - Ultra Music Festival
Purpose of the Item:
A Resolution of the Miami Commission, with attachment(s), by a Four -Fifths (4/5ths)
affirmative vote after an advertised public hearing, ratifying, confirming, and approving
the City Manager's recommendation and written findings, pursuant to Section 18-85(a)
of the Code of the City of Miami, Florida, as amended; waiving the requirements for
Competitive Sealed Bidding methods as not being practicable or advantageous to the
City of Miami to enter into a Marine Stadium Revocable License Agreement with Event
Entertainment Group, Inc. ("Licensee") for the presentation of an annual Ultra Music
Festival at the Marine Stadium site and Virginia Key Beach Park site on the terms and
conditions, including Use Fee, Use Period, and other terms set forth in the Revocable
License Agreement; further authorizing the City Manager to execute the Marine Stadium
Revocable License Agreement with the User for the Ultra Music Festival, in substantially
the attached form, subject to review and approval by the City Attorney as to legal form
and correctness.
Backaround Information:
The City of Miami ("City") is the owner in fee simple of certain real property located
throughout Virginia Key, including but not limited to 3501, 3801, 3861 Rickenbacker
Causeway, Miami, FL 33149, and the Virginia Key Beach Park Trust is a limited agency
and instrumentality of the City with responsibility to oversee and manage the Historic
Virginia Key Beach Park, located at 4000 Virginia Beach Drive, Miami, FL 33149,
subject to City Commission approval (collectively the "Property" as more particularly
described in the attached License Agreement).
Event Entertainment Group, Inc. ("Licensee") hosts an annual electronic music festival
("Ultra Music Festival"). Licensee wishes to use the Property for purposes of producing
the Ultra Music Festival ("Event") on an annual basis at the Property. The City and
Licensee desire and intend to enter into a Revocable License Agreement ("License
Agreement") for the use of a portion of the Property.
The License Agreement is not assignable, is not for a fixed term, and is revocable, for
convenience, at -will by the City Manager without consent of the Licensee. The License
Agreement does not transfer any interest in real property, including any leasehold
interest in real property owned by the City or managed by the Virginia Key Beach Park
Trust. Formal action by the City of Miami City Commission is required to authorize and
accept this Agreement and is a condition precedent to the Agreement's legal efficacy
and validity.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact
General Account No 04002 221160 469000
Reviewed By
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget
Everton Garvis
Office of Management and Budget
Christopher M Rose
City Managers Office
Fernando Casamayor
Legislative Division
Valentin J Alvarez
City Managers Office
Nikolas Pascual
Office of the City Attorney
Valentin J Alvarez
Office of the City Attorney
Victoria Mendez
City Commission
Todd B Hannon
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk
Department Head Review
Completed
11/05/2018 2 42 PM
Budget Analyst Review
Completed
11/05/2018 3 31 PM
Budget Review
Completed
11/0512018 4 28 PM
Assistant City Manager Review
Completed
11/05/2018 6 41 PM
Legislative Division Review
Completed
11/05/2018 6 52 PM
City Manager Review
Completed
11/05/2018 7 31 PM
Deputy City Attorney Review
Skipped
11/05/2018 6 47 PM
Approved Form and Correctness
Completed
11/05/2018 7 48 PM
Meeting
Pending
11/15/2018 9 00 AM
CNAN Or Ar
City of Miami
City Hall
.�
3500 Pan American Drive
Legislation 9
Miami, Fl 33133
o it
Resolution www.miamigov.com
File Number: 5067 Final Action Date:
A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), BY A
FOUR-FIFTHS (415THS) AFFIRMATIVE VOTE AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED
AS EXHIBIT "A," PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR
ADVANTAGEOUS TO THE CITY OF MIAMI TO ENTER INTO A REVOCABLE
LICENSE AGREEMENT WITH EVENT ENTERTAINMENT GROUP, INC.
("LICENSEE") FOR THE PRESENTATION OF AN ANNUAL ULTRA MUSIC FESTIVAL
AT THE MARINE STADIUM SITE AND VIRGINIA KEY BEACH SITE ON THE TERMS
AND CONDITIONS, INCLUDING USE FEE, USE PERIOD, AND OTHER TERMS SET
FORTH IN THE REVOCABLE LICENSE AGREEMENT; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE REVOCABLE LICENSE AGREEMENT
WITH THE USER FOR THE ULTRA MUSIC FESTIVAL, IN SUBSTANTIALLY THE
ATTACHED FORM, SUBJECT TO REVIEW AND APPROVAL BY THE CITY
ATTORNEY.
WHEREAS, the City of Miami ("City") is the owner in fee simple of certain real property
located throughout Virginia Key, including but not limited to 3501, 3801, 3861 Rickenbacker
Causeway, Miami, Florida, and the Virginia Key Beach Park Trust is a limited agency and
instrumentality of the City with responsibility to oversee and manage the Historic Virginia Key
Beach Park, located at 4000 Virginia Beach Drive, Miami, Florida, subject to City Commission
approval (collectively the "Property" as more particularly described in the attached License
Agreement); and
WHEREAS, Event Entertainment Group, Inc. ("Licensee") hosts an annual electronic
music festival ("Ultra Music Festival"); and
WHEREAS, Licensee wishes to use the Property for purposes of producing the Ultra
Music Festival ("Event") on an annual basis at the Property; and
WHEREAS, the City and Licensee desire and intend to enter into a Revocable License
Agreement ("License Agreement") for the use of the Property; and
WHEREAS, the License Agreement is not assignable, is not for a fixed term, and is
revocable at -will by the City Manager, for convenience, without consent of the Licensee; and
WHEREAS, the License Agreement does not transfer any interest in real property,
including any leasehold interest in real property owned by the City or City -owned property
managed by the Virginia Key Beach Park Trust; and
WHEREAS, formal action and approval by the City of Miami City Commission is required
to authorize and accept this Agreement and is a condition precedent to the Agreement's legal
efficacy and validity;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
Submitted into the public
record for items) REA
on 07/25/2019 . City Clerk ,
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Commission, by a four-fifths (415ths) affirmative vote, after an
advertised public hearing, ratifies, confirms and approves the City Manager's recommendation
and written findings, attached and incorporated as Exhibit "A," pursuant to Section 18-85(a) of
the Code of the City of Miami, Florida, as amended, waiving the requirements for competitive
sealed bidding as not being practicable or advantageous to the City. This waiver is applicable to
the City of Miami and its agencies and instrumentalities.
Section 3. The City Manager is authorized' to execute a Revocable License Agreement,
in substantially the attached form, between the City and the Licensee, for the purpose of
producing the Event on the Property, subject to a Use Fee no less than One Million Four
Hundred Thousand Dollars ($1,400,000.00) per Event, with the terms and conditions more
particularly described in the License Agreement.
Section 4. The City Manager is authorized' to make non -substantive amendments to
such License Agreement as needed, subject to the City Attorney's approval as to legal form and
correctness. Insurance provisions of the License Agreement will be subject to the approval of
the City's Director of Risk Management.
Section 5. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
/I . II \ 1 I
/t tMria-Wrdez, City AttoTey __) 11/5/2018
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Z If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Submitted into the public
record for item(s) REA
on 07/25/2019 . City Clerk
EXHIBIT 3
Submitted into the public
record for item(s) RE.4
on 07/25/2019 City Clerk
From: Suarez -Rivas, Rafael
Sent: Tuesday, October 23, 2018 6:26 PM
To: Gomez, Marta; Jackson, Robin Jones; Velez, Pablo; Diaz, Daniel D.; Min, Barnaby; Alban, Xavier E.
Cc: Mendez, Victoria
Subject: RE: yacht show meeting tomorrow at 1:30pm at City Hall/ 18-2737/general
My opinion :
• If it is a the rental of a special purpose facility or special purpose venue for the prescribed rates
there is no procurement issue. That is why such facilities were erected. For example, dockage
rates at City Marinas under Chapter 50, Article V; Stadium and Convention Center Rates under
Chapter 53, Articles I, II and IV; Bayfront Park prescribed charges under Chapter 38, Article III,
etc.; however anytime a user/ proposer is offering less or more than the charges prescribed by
law there is arguably a procurement issue and if the divergence results in 25K or more (up or
down) there needs to be a 4/51h bid waiver.
• If it is something that was not built or intended for that use, and there is no Code provision or
regulation prescribing charges for such use ,then you need a 4/5th bid waiver( unless preempted
by the Charter then no waiver- you must procure). For example major roads in the City where
not built for the Indianapolis 500, city parks were not designed for use by for profit companies
as lockers or storage areas, city golf course were not built for shopping malls or hotels.
• The NMMA Boat Show Revocable License Agreement("RLA") was done following the
requirements of the old JOB/ AQl III Opinions on RLAs which you have. The gist of those
opinions is there is no defined term, no exclusivity, no tenancy, and no assignability is
conferred , and it can be revoked at any time. There is no defined interest conferred that needs
to be waived by 4/5th or otherwise. If you wish to establish a more conservative legal policy that
for the reasons the CA stated today multi-year or multi -event / multi-year agreements involve a
"bundle of rights " being conferred or when there is exclusivity or a fixed term or assignability
or cancellation only for cause or a non-FMV payment then require a 4/5th even if it is an RLA.
Simply be uniform.
• Attributes of an RLA are( from a random sample RLA):
Occupancy and Use Period.
This License is effective as of , 2013 ("Effective Date") and `he!! a*pMe en the
eer-4@F of -shall continue on a month to month basis with no fixed term or duration and may be cancelled
as follows:
(a) Cancellation or termination by the express written License of the parties hereto,
or
(b) Cancellation or termination by request of either of the parties hereto, subject to
the thirty (30) day notice provision of Paragraph 16. "Cancellation By Request of
Either of The Parties Without Cause "; or
(c) Cancellation pursuant to Paragraph 17, "Termination by City Manager for Cause",
subject to the ten(10) day notice provision of Paragraph 17; or
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
From: Gomez, Marta
Sent: Tuesday, October 23, 2018 5:59 PM
To: Suarez -Rivas, Rafael <RSuarez-Rivas@miamigov.com>; Jackson, Robin Jones
<RJonesJackson@miamigov.com>; Velez, Pablo <pvelez@miamiQov.com>; Diaz, Daniel D.
<DDDiaz@miamisov.com>; Min, Barnaby <bmin@miamigov.com>; Alban, Xavier E.
<XEAlban@miamieov.com>
Cc: Mendez, Victoria <VMendez@miamieov.com>
Subject: yacht show meeting tomorrow at 1:30pm at City Hall
Importance: High
Reminder- The City Attorney needs a response to the issues raised today. She would like an answer by
tomorrow morning.
Marta Gomez
Assistant to Victoria Mendez, City Attorney
and Legislative Division Supervisor
City of Miami
Office of the City Attorney
Telephone: 305-416-1844
Facsimile: 305416-1801
martagomez(a)m iamigov. com
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the
message. This e-mail might contain legally privileged and confidential information. If you
properly received this e-mail as a client or retained expert, please hold it in confidence to
protect the attorney-client or work product privileges. Should the intended recipient
forward or disclose this message to another person or party, that action could constitute a
waiver of the attorney-client privilege. If the reader of this message is not the intended
recipient, or the agent responsible to deliver it to the intended recipient, you are hereby
notified that any review, dissemination, distribution or copying of this communication is
prohibited by the sender and to do so might constitute a violation of the Electronic
Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was
received in error we apologize for the intrusion. Please notify us by reply e-mail and delete
the original message. Nothing in this e-mail message shall, in and of itself, create an
attorney-client relationship with the sender. Under Florida Law, e-mail addresses and the
contents of the e-mail are public records. If you do not want your e-mail address, or the
contents of the e-mail, released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by phone or in writing.
Please consider the environment before printing this e-mail.
Sunday 6:56 PM
We agree that Bayfront can
approve a use agreement
for one year for ultra?
Submitted into the public
record for item(s) REA
on 07/25/2019. City Clerk
� Yes one time one year o
problem
Does it have to be 4/5 since
it's a venue? I guess to be
consistent yes? Let's look
this ya Monday. What have
said on the record
Tuesday
Maybe no since it's a venue
00475 th yes because the big
0 $$$ and because the time
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
EX IIBIT 4
Submitted into the public
record for item(s) REA
on _ 07/25/2019 City Clerk .
Also min and Greco. I need to
talk Ora
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
EXHIBIT 5
John - I will be a little late to
mediation- have to uttered a
meeting. Francisca and Joe R
will be there at start.
Submitted into the public
record for item(s) RE.4
on 07/25/2019 City Clerk .
. aw 28, 5:43 M
Thanks Jahn
• Y
U
V W
j >-
U
Cri
0 EN
C �
w N
En
-p O
N O
So4/5
4/5 th yes b caus t e big
$$$an bec use th ti e
is no jus 4?day eve but
to din and load o t yes
Like th ir nor al use
ag eeme t but ore money
insurance
Dubbin could challenge not
meritorio sly i my cute
they would Inde nity us
In my view I meant
`Yes to be consistent and for
w the reasons I suggested
The 4/5 th is by bpmt
� remember per code all
boards serve i lieu of cc fir
b"idwL fivers ( unless mu ti
Submitted into the public
record for item(s) RE -4
on __07/25/2019 , City Clerk .
From: Suarez -Rivas, Rafael
Sent: Thursday, June 27, 2019 9:12 AM
To: Alvarez, Valentin J; Mendez, Victoria
Cc: Gomez, Marta; Diaz, Daylet; Min, Barnaby; Legislative Division
Subject: RE: Bayfront Park/ 19-1556
Please focus on the last sentences of this new Code Section. I recommend any RLA that may be
approved be amended on the floor as follows:
The RLA should have two special brief clauses.
1/ in the event of any conflict between this RLA with any Bayfront Park rule, regulation or resolution
e.g. the promoters' kit) this RLA will control.
2/ The limitations of City Code Sec. 38-113, as amended, are waived by the City Commission for this
event.
Rafael Suarez -Rivas, Chief Assistant City Attorney
Board Certified, City, County and
Local Government Law
City of Miami Office of the City Attorney
Telephone: 305-416-1818
w Facsimile: 305-416-1801
fi
rsuarez-rivas@miamigov.com
Daylet Diaz, Administrative Assistant I, (305) 416-1842
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain
legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it
in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this
message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified
that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was
received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in
this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail
addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-
mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
phone or in writing.
Please consider the environment before printing this e-mail.
From: Alvarez, Valentin J <VJAlvarez@miamieov.com>
Sent: Thursday, June 27, 2019 8:13 AM
To: Mendez, Victoria <VMendez@miamieov.com>; Suarez -Rivas, Rafael <RSuarez-
Rivas@miamieov.com>
Submitted into the public
record for item(s) RE.4
on 07/25/2019. City Clerk
(d) Completion of the park landscaping and installation .
3. Interest Conferred By This License.
Licensee agrees that this License has been issued by the City to authorize Licensee to use the
Property solely for the limited purpose of the Permitted Use and no other purpose. The parties hereby
agree that the provisions of this License do not constitute a lease and the rights of Licensee hereunder
are not those of a tenant but are a mere personal privilege to do certain acts of a temporary character
and to otherwise use the Property subject to the terms of this License. No leasehold or tenancy interest
in the Property is conferred upon Licensee under the provisions hereof and Licensee does not and shall
not claim at any time any leasehold estate or ownership interest in the Property by virtue of this License
or its use of the Property hereunder. Additionally, Licensee does not and shall not claim at any time any
interest or estate of any kind or extent whatsoever in the Property by virtue of any expenditure of funds
by the Licensee for improvements, construction, repairs, partitions, or alterations to the Property even if
such improvements, construction, repairs, partitions, or alterations are authorized by the City.
Rafael Suarez -Rivas, Chief Assistant City Attorney
Board Certified, City, County and
Local Government Law
City of Miami Office of the City Attorney
Telephone: 305-416-1818
Facsimile: 305-416-1801
rsuarez-rival@miamigov.com
Daylet Diaz, Administrative Assistant I, (305) 416-1842
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain
legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it
in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this
message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified
that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was
received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message. Nothing in
this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Under Florida law, e-mail
addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-
mail released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
phone or in writing.
Please consider the environment before printing this e-mail.
Submitted into the public
record for item(s) RE.4
on 07/25/2019 City Clerk
Cc: Gomez, Marta <martasomez@miamieov.com>; Diaz, Daylet <DDiaz@miamigov.com>; Min, Barnaby
<bmin@miamigov.com>
Subject: RE: Bayfront Park/ 19-1556
As requested, I could not send the pdf so here is the word file.
Thanks,
From: Mendez, Victoria
Sent: Thursday, June 27, 2019 12:47 AM
To: Suarez -Rivas, Rafael <RSuarez-Rivas@miamieov.com>
Cc: Gomez, Marta <martagomez@miamigov.com>; Alvarez, Valentin J <VJAlvarez@miamigov.com>;
Diaz, Daylet <DDiaz@miamigov.com>; Min, Barnaby <bmin@miamigov.com>
Subject: Re: Bayfront Park/ 19-1556
I need this section tomorrow. Too
Victoria Mendez, City Attorney
Board Certified, City, County and
Local Government
City of Miami Office of the City
Attorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendez@miamigov.com
Marta Gomez (305) 416-1844
On Jun 26, 2019, at 3:45 PM, Suarez -Rivas, Rafael <RSuarez-Rivas@miamigov.com> wrote:
We have not made a formal interpretation. In speaking to staff informally it was thought that this means
a majority of the public usable areas of the park- the green space, the `Bay walk" , the Playground , etc.
remain open . See highlight from the Resolution ,
below.
This reservation of park use applies to Bayfront Park but not to any special purpose facility within it
such as the amphitheater or vessel docks. This increase in reservation of park use shall not impair
previously executed contracts. This reservation of park use may be reduced or waived by the City
Commission for temporary events or for specific events when the City Commission determines such
reduction or waiver is in the City's best interests.
The RLA should have to special brief clauses. 1/ In the event of any conflict between this RLA with and
any Bayfront Park rule, regulation or resolution (e.g. the promoters' kit) this RLA will control. 21 The
limitations of City Code Sec. 38-113, as amended, are waived by the CC for this event.
Submitted into the public
record for item(s) REA
on 07/25/2019 . City Clerk
Rafael Suarez -Rivas, Chief Assistant City Attorney
Board Certified, City, County and
Local Government Law
City of Miami Office of the City Attorney
<imageOO2.png> Telephone: 305-416-1818
Facsimile: 305-416-1801
rsuarez-rivas@miamisov.com
<imageOO5.jpg>
Daylet Diaz, Administrative Assistant 1, (305) 416-1842
Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain
legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it
in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this
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phone or in writing.
Please consider the environment before printing this e-mail. <imageOO6.jpg>
From: Gomez, Marta <martaRomez@miamiRov.com>
Sent: Wednesday, June 26, 2019 2:59 PM
To: Suarez -Rivas, Rafael <RSuarez-Rivas@miamigov.com>
Cc: Alvarez, Valentin J <VJAlvarez@miamil;ov.com>; Diaz, Daylet <DDiaz@miamil;ov.com>; Mendez,
Victoria <VMendez@miamigov.com>; Min, Barnaby <bmin@miamiRov.com>
Subject: RE: Bayfront Park
Here it is. I had a feeling you would ask for it.
From: Min, Barnaby
Sent: Wednesday, June 26, 2019 2:53 PM
To: Suarez -Rivas, Rafael <RSuarez-Rivas@miamiRov.com>
Cc: Legislative Division <VaRenda@miamil;ov.com>; Diaz, Daylet <DDiaz@miamig2v.com>; Mendez,
Victoria <VMendez@miamipov.com>
Subject: Bayfront Park
Rafael,
We recently drafted an amendment requiring the park to be open to the public for 80% of the year (I
think that was the number). How are we interpreting "open"? Is it the entire park? Just a portion of
the park?
Barnaby L. Min
Deputy City Attorney
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City of Miami Office of the City
ORAttorney
Telephone: (305) 416-1835
Facsimile: (305) 416-1801
bmin@miamigov.com
Assistant: Yolanda E. Illescas, Senior Legal Assistant (305) 416-1840
Disclaimer: This electronic mail is intended only for the individual or entity named within the message. This electronic mail may
contain legally privileged and confidential information. If you properly received this electronic mail as a client or retained expert, please
hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this
message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is
not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review,
dissemination, distribution, or copying of this communication is prohibited by the sender and to do so may constitute a violation of the
Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521. If this communication was received in error, we apologize for the
intrusion. Please notify us by reply e-mail and delete the original message. Nothing in this electronic mail shall, in and of itself, create an
attorney-client relationship with the sender. Under Florida law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
Please consider the environment before printing this electronic mail.<image008.jpg>
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EXHIBIT 6
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LOCAL LAWS
OF
THE CITY OF NEW YORK
FOR THE YEAR 2005
No. 113
Introduced by Council Members Gennaro, Avella, Comrie, Fidler, Jackson, Provenzano,
Recchia, Weprin, Liu, Addabbo Jr. and The Public Advocate (Ms. Gotbaum) (by
request of the Mayor). Passed under a Mayor's Message of Necessity.
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to the noise
control code and the repeal of subchapters 4, 5 and 6 of chapter 2 of title 24 of
such code.
Be it enacted by the Council as follows:
Section 1. Section 24-202 of the administrative code of the city of New York, as
amended by local law number 22 for the year 2002, is amended to read as follows:
§24-202 Declaration of policy. It is hereby declared to be the public policy of the
city to reduce the ambient [noise] sound level in the city, so as to preserve, protect and
promote the public health, safety and welfare, and the peace and quiet of the inhabitants
of the city, prevent injury to human, plant and animal life and property, foster the
convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural
attractions of the city. It is the public policy of the city that every person is entitled to
ambient [noise] sound levels that are not detrimental to life, health and enjoyment of his
or her property. It is hereby declared that the making, creation or maintenance of
excessive and unreasonable noises within the city affects and is a menace to public
health, comfort, convenience, safety, welfare and the prosperity of the people of the city.
For the purpose of controlling and reducing such noises, it is hereby declared to be the
policy of the city to set the unreasonable and prohibited noise standards and decibel
levels contained herein and to consolidate certain of its noise control legislation into this
code. The necessity for legislation by enactment of the provisions of this chapter is
hereby declared as matter of legislative determination.
This code shall be liberally construed so as to effectuate the purposes described in
this section. Nothing herein shall be construed to abridge the emergency powers of the
board of health or the right of the department of health and mental hygiene to engage in
any of its necessary or proper activities. [Nothing herein shall abridge the powers and
responsibilities of the] It is the intent of the council that the police department [to] as well
as other agencies of the city designated by the commissioner of the department of
environmental protection shall have the authority to enforce the provisions of this code
and police officers and designated employees of the department of environmental
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protection and of such other city agencies shall have the power to issue summonses,
appearance tickets and notices of violation for violations of this code.
§2. Section 24-203 of such code is amended to read as follows:
§24-203 General definitions. When used in the New York city noise control code
the following terms shall have the following meanings:
[(a)] (1) "A" level means the [total] sound level [of all noise] as measured with a
sound level meter using the "A" weighting network. The unit of measurement is the
[db(A)] dB(A). This frequency weighting network for the measurement of sound levels
shall comply with standards established by the American National Standards Institute
specifications for sound level meters SI.4-1971, as amended or 51.4-1983, as amended.
[(b)] (2) Activity means any act or combination of acts which actually results in the
production of sound.
[(c)] (3) Air compressor means a device which draws in air or gas, compresses it,
and delivers it at a higher pressure.
[(d) Aircraft means any device that is used or intended to be used for flight in the air
but does not include any such device used only in the service of a government or political
subdivision thereof unless such device is engaged in carrying persons or property for
commercial purposes. Aircraft includes but is not limited to:
1. subsonic transport aircraft;
2. subsonic turbojet -powered aircraft;
3. aircraft capable of flying at supersonic speeds;
4. rotocraft;
5. vertical take -off and landing aircraft (VTOL aircraft);
6. short take -off and landing aircraft (STOL aircraft); and
7. aircraft capable of landing or taking off on water.]
[(e)] (4) Air horn means a device intended to produce a sound signal by means of
compressed air or gas or exhaust gas.
[(f)] (5) Airport means an area of land or water that is used or intended to be used for
the landing and take off of aircraft, and includes its buildings and facilities, if any.
[(g)] (6) Ambient [noise] sound means [the all-encompassing noise associated with a
given environment, being usually a composite of sounds from many sources near and far]
the sound level at a given location that exists as a result of the combined contribution in
that location of all sound sources, excluding the contribution of a source or sources
under investigation for violation of this code and excluding the contribution of
extraneous sound sources. For purposes of the enforcement of this code, the ambient
sound level of a given location may be determined based upon measurements taken at a
comparable site (iwhich includes but is not limited to comparable physical locations and
time of day) in the nearby area.
[(h)] (7) Apparatus means any mechanism which prevents, controls, detects,
measures or records the production of sound.
(8) Audible status indicator means any sound reproduction device on a motor
vehicle that emits or causes to be emitted any continuous or near continuous sound
(exceeding 5 seconds if tonal in nature or any duration if verbal in nature) for the
purpose of warning that an audible burglar alarm has been installed on such motor -
vehicle and is operational or for creating the appearance that such an alarm has been
installed on such motor vehicle and is operational.
[(i)] (9) Authorized emergency vehicle means [every ambulance and every vehicle
operated by a police department, fire department, fire patrol, chief or assistant chief of a
fire department, county or deputy county fire coordinator, county or assistant county fire
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marshal, sheriff, or by a chief, assistant chief or deputy chief of a police department, a
regular paid deputy sheriff or a motor vehicle of the New York city housing authority
when engaged in the performance of duty as a peace officer, or by an authorized public
utility company when on emergency calls, every state-owned vehicle operated by a law
enforcement officer of the conservation department when engaged in performance of
duty in enforcement of the environmental conservation law, and every vehicle operated
by a bridge authority or bridge and tunnel authority when on emergency calls] an
authorized emergency vehicle as defined by section 101 of the vehicle and traffic lain.
[Q)] (10) Board means the environmental control board of the city of New York.
[(k)] (11) Building means a building as defined in [article two of subchapter two of
chapter one of title twenty-seven of the code] section 27-232 of the administrative code.
[(1)] (12) Building aperture means any designed opening in a building to which a
person may reasonably have access including but not limited to any door, gate, window,
skylight or hatch.
[(m)] (13) Burglar alarm means any sound signal device designed and intended to
produce a sound signal upon unauthorized entrance by a person into a building or motor
vehicle.
[(n)] (14) "C" level means the [total] sound level [of all noise] as measured with a
sound level meter using the "C" weighting network. The unit of measurement is the
[db(C)]dB(C). This frequency weighting nehnork for the measurement of sound levels
shall comply with standards established by the American National Standards Institute
specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended.
[(o)] (15) Certificate means an operating or temporary operating certificate.
[(p)] (16) Charter means the New York city charter including all of its amendments.
[(q)] (17) Circulation device means any device which circulates a gas or fluid,
including but not limited to any air conditioner, pump, cooling tower, fan or blower.
[(r)] (18) Claxon means any manually, mechanically, or electrically powered device,
other than an emergency signal device, including but not limited to a motor vehicle horn,
which is intended to, and when operated actually does, emit a sound signal.
[(s)] (19) This code means the New York city noise control code.
[(t)] (20) Commissioner means commissioner of environmental protection or his ot-
her authorized representative.
[(u)] (21) Construction or construction work means any or all activity[, except
tunneling,] necessary or incidental to the erection, demolition, assembling, altering,
installing or equipping of buildings, public or private highways, roads, premises, parks,
utility lines including such lines in already -constructed tunnels, or other property,
including land clearing, grading, excavating and filling.
[(v)] (22) Construction device means any device designed and intended for use in
construction including, but not limited to any air compressor, pile driver, [manual tool]
sledgehammer, bulldozer, pneumatic hammer, steam shovel, derrick, crane, steam or
electric hoist, construction vehicle or pneumatic or electric tool.
[(w)] (23) Construction material means any material, regardless of composition,
designed and customarily used in construction including but not limited to any rails,
pillars, columns, beams, bricks, flooring, wall, ceiling or roofing material, gravel, sand,
cement or asphalt.
[(x)] (24) Container means any receptacle, regardless of contents, manufactured
from wood, metal, plastic, paper or any other material including but not limited to any
barrel, basket, box, crate, tub, bottle, can or refuse container.
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[(y)] (25) Decibel[. The decibel is one-tenth of a bel. Thus, the decibel is a unit of
level when the base of the logarithm is the tenth root of ten, and the quantities concerned
are proportional to power.] means the practical unit of measurement for sound pressure
level; the number of decibels of a measured sound is equal to 20 times the logarithm to
the base 10 of the ratio of the sound pressure to the pressure of a reference sound (20
micropascals); abbreviated "dB".
[(z)] (26) Device means any mechanism which is intended to or which actually
produces sound when operated or handled.
[(aa)] (2 7) Department means the department of environmental protection.
[(bb)] (28) Dwelling means any building laitfully occupied in whole or in part as the
temporary or permanent residence of one or more natural persons.
[(cc)] (29) Dynamic insertion loss means the difference between two sound pressure
levels which are measured at the same point in space before and after a muffler is
inserted between the measurement point and the sound source under operating
conditions.
[(dd)] (30) Emergency means a public calamity or an exposure of any person or
property to imminent danger.
[(cc)] (31) Emergency signal device means any gong, siren whistle, or siren or any
air horn or any similar device the use of which on authorized emergency vehicles is
permitted by subdivision twenty-six of section three hundred seventy-five of the vehicle
and traffic law.
[(ff)] (32) Exhaust source means a system which removes and transports air or gas
from a device.
(33) Extraneous sound is sound that is intense, intermittent, not representative of the
relatively steady sound levels at a given location and not attributable to a source or
sources under investigation for violation of this code. Such sound includes but is not
limited to sirens of passing emergency vehicles, unusually loud motor vehicle braking
(screeching) or exhaust noise, people shouting, animal vocalization, passing aircraft,
horn honking, car door slamming and passing trains. Notwithstanding the foregoing
provision, sounds that are individually persistent or controlling of the sound level at a
given location shall not be considered to be extraneous sounds if they constitute more
than 50 percent of the duration of an ambient or total sound level measurement such as
for example the sound of a passing aircraft at a specific location if airplanes regularly
pass over such location and the proximity of such passing aircraft to the location, its
sound level, and the duration of such sound level, control the sound level at the given
location at the time the sound source under investigation is being measured For the
purposes of the enforcement of this code, extraneous sounds are excluded when
measuring the ambient sound level at a given location and when measuring the sound
level of a source or sources under investigation for violation of this code except where
such sounds are themselves under investigation fain violation of this code.
(34) Impulsive sound is sound that is of shout duration, where each peak of sound
lasts 2 seconds or less. The sound is characteri=ed by abrupt onset and rapid decay. As
used in this code, the term impulsive sound shall not include music.
[(gg)] (35) Internal combustion engine means a device for the production of energy
by means of the combustion under pressure of fossil fuel.
[(hh)] (36) Lawn care device means any device powered mechanically, by
electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used
or is actually used for the mowing of grass, the cutting or chipping of trees, tree roots or
tree branches, or the clearing of leaves or other vegetation from lawns, sidewalks, public
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streets or public highways and shall include, but not be limited to, such devices as lawn
mowers and lawn mower attachments, lawn edgers, leaf blowers, leaf vacuums, mulchers
and chippers.
(3 7) Lmax means the maximum measured sound level at any instant in time.
[(ii)] (38) Motor vehicle means any device which is propelled by an engine in or
upon which a person or material may be transported on the ground and which is intended
to be operated upon a public highway.
(0j)] (39) Muffler means an apparatus generally consisting of but not limited to a
series of chambers or baffles for the purpose of transmitting gases while reducing sound
levels.
[(kk) Noise means an erratic, intermittent, or statistically random oscillation.]
[(II)] (40) Owner means and includes the owner of the freehold of the premises or
lesser estate therein, or mortgagee thereof, a lessee or agent of any of the above persons,
a lessee of a device or his or her agent, a tenant, operator, or any other person who has
regular control of a device or an apparatus.
[(mm)] (41) Paving breaker means any powered construction device intended to cut
or trench pavement, subbase macadam, gravel, concrete or hard ground.
[(nn)] (42) Person means any individual, partnership, company, corporation,
association, firm, organization, governmental agency, administration or department, or
any other group of individuals, or any officer or employee thereof.
(43) Personal audio device means a portable sound reproduction device as normally
and customarily used for personal purposes including but not limited to a personal
radio, phonograph, television receiver, tape recorder or compact disc player. For the
purposes of this definition such term shall include a sound reproduction device installed
in or operated from a motor vehicle whether or not portable.
(44) Plainly audible sound means any sound for which any of the content of that
sound, such as, but not limited to comprehensible musical rhythms, is communicated to a
person using his or her unaided hearing faculties. For the purposes of the enforcement
of this code, the detection of any component of music, including burl not limited to the
rhythmic bass by a person using his or her unaided hearing faculties is sufficient to
verify plainly audible sound. It is not necessary for such person to determine the title,
specific words or artist of such music. In the case of motor vehicles the detection of the
sound of a muffler or of an exhaust by a person using his or her unaided hearing
faculties is sufficient to verify plainly audible sound. Plainly audible sound does not
require measurement ivith a sound level meter.
[(oo)] (45) Power tool means any device powered mechanically, by electricity, by
gasoline, by diesel fuel or by any other fuel, which is intended to be used or is actually
used for, but shall not be limited to, the performance of such functions as cutting, nailing,
stapling, sawing, vacuuming or drilling.
(46) Public right-of-way means a public highway, road, street, avenue, alley,
driveway, path, sidewalk, roadway or any other public place or public ivay.
[(pp)] (47) Railroad means a railroad, other than a rapid transit railroad or street
railroad, operated for public use in the conveyance of persons or property for
compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks,
stations and terminal facilities used, operated or owned by or in connection therewith.
[(qq)] (48) Rapid transit railroad means a rapid transit railroad used for local service
in the transportation of passengers as a common carrier for hire together with the
appurtenances, facilities and equipment thereof.
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(49) Receiving property means real property, including but not limited to buildings,
grounds, offices and chvelling units, from which sound levels firom sound sources outside
such property may be measured For the purposes of this definition, individual offices or
chvelling units within a building may constitute a receiving property.
[(rr)] (50) Refuse [compacting] collection vehicle means a motor vehicle designed or
used to [compact and] remove, collect, or transport refuse, solid ivaste or recyclables.
[(ss)] (51) Sound means an oscillation in pressure, stress, particle displacement,
particle velocity, etc., in a medium with internal forces (e.g., elastic, viscous), or the
superposition of such propagated oscillation which evokes an auditory sensation.
[(tt)] (52) Sound level meter means any instrument including a microphone, an
amplifier, an output meter, and frequency weighting networks for the measurement of
noise and sound levels in a specified manner and which complies with standards
established by the Amercian National Standards Institute specifications for sound level
meters S1.4-1971, as amended or S1.4-1983, as amended.
[(uu)] (53) Sound pressure level (decibels) means [a sound that is]an expression of
the acoustic pressure calculated as twenty times the logarithm to the base ten of the ratio
of the root mean square of the pressure of the sound to the reference pressure, [2 x 10-4
microbars] 20 micropascals.
[(vv)] (54) Sound reproduction device means a device intended primarily for the
production or reproduction of sound, including but not limited to any musical instrument,
radio receiver, television receiver, tape recorder, phonograph or electronic sound
amplifying system.
[(ww)] (55) Sound signal means any sound produced by a sound signal device
designed to transmit information.
[(xx)] (56) Sound signal device means a device designed to produce a sound signal
when operated, including but not limited to any claxon, air horn, whistle, bell, gong,
siren, but not an emergency signal device.
[(yy)] (57) Sound source means any activity or device [as herein defined] that emits
sound.
[(zz)] (58) This code means the New l ork city noise control code.
(59) Total sound level means that measured sound level that represents the
combined sound level of the source or sources under investigation and the ambient
sound level. Total sound level measurements shall exclude extraneous sound sources.
[(aaa)] (60) Tunnel means an underground passage which is intended for use as a
railway, aqueduct, road, sewer or major utility artery.
[(bbb)] (61) Tunneling means any activity necessary or incidental to the construction
of any tunnel, including the sinking of shafts to tunnel or to an intermediate level and the
surface activities required to sink the shafts and construct the tunnel.
[(ccc)]) (62) Unreasonable noise means any excessive or unusually loud sound that
disturbs the peace, comfort or repose of a reasonable person of normal sensitivities,
injures or endangers the health or safety of a reasonable person of normal sensitivities or
which causes injury to plant or animal life, or damage to property or business.
(63) Refuse collection facility means any structure, building or other premises at
which solid ivaste is received for the purpose of subsequent transfer to another location
regardless of whether such solid waste is subject to any processing or reduction in
volume at such structure, building or premises.
[(ddd) Zone means any zone as defined in the zoning resolution of the city of New
York, except that zone shall not mean any ambient noise quality zone under subchapter
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five or subchapter six of this chapter of this code or any noise sensitive zone under
subchapter four of this chapter of this code
(ddd) Nursing home means a facility providing therein nursing care to sick, invalid,
infirm, disabled, or convalescent persons in addition to lodging and board or health-
related service, or any combination of the foregoing, and in addition thereto, providing
nursing care and health-related service, or either of them, to persons who are not
occupants of the facility.
(eee) Audible status indicator means any sound reproduction device on a motor
vehicle that emits or causes to be emitted any continuous or near continuous sound for
the purpose of warning that an audible burglar alarm has been installed on such motor
vehicle and is operational or for creating the appearance that such an alarm has been
installed on such motor vehicle and is operational.]
§3 Sections 24-204, 24-205, 24-206 and 24-207 of the administrative code of the
city of New York, sections 24-204, 24-205 and 24-207 as amended by local law number
18 for the year 1993, are amended to read as follows:
§24-204 General powers of the commissioner. (a) Subject to the provisions of this
code, the commissioner may take such action as may be necessary to abate a sound
source which causes or may cause, by itself or in combination with any other sound
source or sources, an unreasonable or prohibited noise. The commissioner may exercise
or delegate any of the functions, powers and duties vested in him or her or in the
department by this code.
(b) The commissioner shall promulgate such riles as are necessary to effectuate the
purposes of this code, including, without limitation, rules setting forth specifications for
the operation, installation, best available technology, or manufacture of sound
generating equipment or devices, or sound mitigation equipment or devices.
(c) The commissioner shall promulgate such rules as are necessary with regard to
standards and procedures to be followed in the measurement of sound pressure levels
governed by the provisions of this code, provided that such standards and procedures
are substantially in compliance with any similar standards and procedures promulgated
by the American National Standards Institute, International Standards Organization,
Society of Automotive Engineers, Compressed Air and Gas Institute, American Society of
Heating, Refrigeration, and Air Conditioning Engineers, American Refrigeration
Institute or any generally recognized professional standard-setting organization.
(d) The police department, as well as other agencies of the city designated by the
commissioner, shall have the authority to enforce the provisions of this code and police
officers and designated employees of the department and of such other city agencies
shall have the power to issue summonses, appearance tickets and notices of violation for
violations of this code.
§24-205 investigations and studies by the commissioner. (a) The commissioner may
make or cause to be made any investigation or study which in his or her opinion is
desirable for the purpose of enforcing this code or controlling or abating an unreasonable
or prohibited noise. For such purposes, the commissioner may make tests, conduct
hearings, compel the attendance of witnesses, and take their testimony under oath and
may compel the production of books, papers and other things reasonably necessary to the
matter under consideration.
(b) The commissioner shall study and propose strategies to control and/or reduce
sound levels associated with airports, rapid transit and railroad operations and 101hin
twenty-four months of the effective date of this section shall report to the mayor his or
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her findings and recommendations, specifically identifying those recommendations that
may only be implemented through state or federal legislation or rules.
(c) The commissioner, in conjunction with the police department, shall study noise
abatement strategies for audible motor vehicle burglar alarms and within twenty-four
months of the effective date of this section shall report to the mayor his or her findings
and recommendations.
(d) The commissioner, in conjunction with the police department, shall study on an
ongoing basis emerging technology in acoustical measurement and shall periodically
report to the mayor his or her findings and recommendations regarding the testing and
potential use of equipment for enforcement of this code. In conjunction with such study,
the commissioner may issue a request for expressions of interest to determine new and
emerging technological solutions for accurate and efficient measurement of sounds as
enumerated in this code.
(e) The commissioner shall study the impact of motor vehicle back -lip warning
devices installed on motor vehicles on ambient sound levels and within twenty-four
months of the effective date of this section shall report to the mayor his or her findings
and recommendations, specifically identifying those recommendations that may only be
implemented through state or federal legislation.
§24-206 Testing by order of the commissioner. (a) If the commissioner has
reasonable cause to believe that any device is in violation of this code, the commissioner
may order the owner of the device to conduct such tests as are necessary in the opinion of
the commissioner to determine whether the device or its operation is in violation of this
code and to submit the test results to the commissioner within ten days after the tests are
completed.
(b) Such tests shall be conducted in a manner approved by the commissioner. If any
part of the test is conducted at a place other than the site where the device is located, that
part of the test shall be certified by a laboratory acceptable to the commissioner. The
commissioner may require that the entire test results shall be reviewed and certified by (i)
a professional engineer ivith acoustical experience as specified in the rules of the
department or (ii) a noise consultant with qualifications of education and/or acoustical
experience as set forth in the rules of the department.
(c) [The owner shall notify the commissioner of the time and place of a test at least
seven days before the commencement of such test. Reasonable facilities shall be made
available for the commissioner to witness the test.
(d)] If in the opinion of the commissioner, tests by the department are necessary, the
commissioner may order the owner to provide such access to the device as the
commissioner may reasonably request, to provide a power source suitable to the points of
testing, and to provide allied facilities, exclusive of sound level meter. These provisions
shall be made at the expense of the owner of the device. The owner shall be furnished
with copies of the analytical results of the data collected.
(d) If after the analysis of such testing, it is determined by the commissioner that
such device or devices generate sound levels that exceed the limits of this code, the
commissioner may make recommendations for modifications and'or mitigation measures
to bring such device or devices into compliance.
(e) The commissioner may issue a separate notice of violation for every 24-hour
period of noncompliance with the orders of the commissioner issued pursuant to this
section.
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§24-207 Inspection. (a) The department may inspect at any reasonable time and in a
reasonable manner any device which creates or may create unreasonable or prohibited
noise including but not limited to the premises where the device is used.
(b) The department may inspect at any reasonable time and in a reasonable manner
any record relating to a use of a device which creates or may create unreasonable or
prohibited noise.
(c) No person shall refuse entry or access into the public areas of a multiple dwelling
or a place of business to an authorized employee of the department or other authorized
city employee who presents appropriate credentials, nor shall any person refuse entry or
access into any other portion of a [premise]premises to an authorized employee of the
department or other authorized city employee who presents appropriate credentials and a
[search] warrant for such inspection.
(d) No person shall refuse to allow an authorized employee of the department or
other authorized city employee i+,ho presents appropriate credentials to perform
reasonable sound testing on any device or devices, including but not limited to requiring
the temporary shutting down of said device or devices for the purposes of such testing
except that upon a showing that the inspection would produce a noticeable interruption
of services that would cause discomfort to employees or customers or require a building
engineer or other professional to work with the equipment, such authorized employee
shall reschedule the inspection for a more convenient time.
§4. Subdivision (a) of section 24-208 of such code is amended to read as follows:
(a) The commissioner may require the written registration of air compressors,
paving breakers, refuse compacting vehicles and rapid transit railroads, including but not
limited to its rolling stock, track and trackbeds, passenger stations, circulation devices
rated 300, 000 BTUs or higher, tunnels, elevated structures, yards, depots and garages. A
period of sixty days shall be allowed for the filing of such registration measured from the
date such registration is required by the commissioner or with respect to devices
installed after such requirement is instituted measured from the date of installation.
However, in cases of emergency, the commissioner may designate a shorter period of
time.
§5. Section 24-211 of such code is amended to read as follows:
§24-211 Display of permits[,] and certificates [and other notices; removal or
mutilation prohibited]. Any tunneling permit or certificate required by this code shall be
displayed in the vicinity of the device on the premises designated on the tunneling permit
or certificate or in the vicinity of the place where the device will be operated or
supervised.
§6. Paragraph (1) of subdivision (b) of section 24-213 of such code is amended to
read as follows:
(1) Either by mailing the notice, order or decision directed to the person at his or her
principal place of business or home address; or
§7. Section 24-217 of such code is amended to read as follows:
§24-217 Exemptions. The provisions of this code shall not apply to the operation or
use of any organ, bell, chimes or other similar instrument [by] from on or within any
church, synagogue, mosque or [school] other house of worship.
§8. Such code is amended by adding a new section 24-217.1 to read as follows:
§24-217.1 Measurements. Unless otherwise specifically provided, all sound level
measurements under this code shall be taken in Lmax with the sound level meter set to
slow response.
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§9. Section 24-218 of such code, as amended by local law number 18 for the year
1993, is amended to read as follows:
§24-218 General prohibitions. (a) No person shall make, continue or cause or permit
to be made or continued any unreasonable noise[, except that this section shall not apply
to any sound from any source where the decibel level of such sound is within the limits
prescribed by another section of this title and where there is compliance with all other
applicable requirements of law with respect to such sound].
(b) Unreasonable noise shall include but shall not be limited to sound, attributable
to any device, that exceeds the following prohibited noise levels:
(1) Sound, other than impulsive sound, attributable to the source, measured at a
level of 7 dB(A) or more above the ambient sound level at or after 10: 00 p.m. and before
7:00 a.m., as measured at any point within a receiving properly or as measured at a
distance of 15 feel or more from the source on a public right-of-way.
(2) Sound, other than impulsive sound, attributable to the source, measured at a
level of 10 dB(A) or more above the ambient sound level at or after 7:00 a.m. and before
10:00 p.m., as measured at any point within a receiving property or as measured a1 a
distance of 15 feet or more from the source on a public right-of-way.
(3) Impulsive sound, attributable to the source, measured a1 a level of 15 dB(4) or
more above the ambient sound level, as measured at any point within a receiving
property or as measured a1 a distance of 15 feet or more from the source on a public
right-of-way. Impulsive sound levels shall be measured in the A -weighting network with
the sound level meter set to fast response. The ambient sound level shall be taken in the
A -weighting network with the sound level meter set to slow response.
(c) Notwithstanding the provisions of subdivision b of this section, where a
particular sound source or device is subject to decibel level limits and requirements
specifically prescribed for such source or device elsewhere in this code, the decibel level
limits set forth in this section shall not apply to such sound source or device.
(d) The decibel level limits set forth in this section shall not apply to sound
attributable to construction devices and activities.
(e) Where the commissioner finds that sound from any refuse collection facility
regulated by the department of sanitation exceeds the decibel level limits set forth in this
section, the commissioner shall order the operator of such facility to submit a
certification by a professional engineer as to whether- or not the facility is in compliance
with the noise standards required by the department of sanitation rules (16 RCN!' Ch. 4)
and if not in compliance, the mitigation measures that ivill be undertaken to bring such
facility into compliance. The testing and certification must be submitted to the
department and to the department of sanitation within forty -fine days after the issuance
of such order. A facility that complies with an order issued pursuant to this section and
with any required mitigation measures shall be deemed to be in compliance with the
decibel limits of this section. With respect to any refuse collection facility owned or
operated by the department of sanitation such facility shall be deemed to be in
compliance with the decibel level limits of this section if it is in compliance with a best
management practices plan developed in conjunction ivith the department. A notice of
violation may only be issued for a refuse collection facility pursuant to this section where
the operator of such facility fails to comply with an order of the commissioner issued
pursuant to this subdivision or the mitigation measures set forth in a certification.
§10. Subchapters 4, 5 and 6 of chapter 2 of title 24 of such code are REPEALED
and new subchapters 4, 5 and 6 are added to read as follows:
SUBCHAPTER 4
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Construction Noise Management
§24-219 Noise mitigation rules. (a) The commissioner shall adopt rules prescribing
noise mitigation strategies, methods, procedures and technology that shall be used at
construction sites whenever any one or more of the construction devices or activities
listed below are employed or performed:
(1) air compressors.
(2) pile drivers.
(3) sledgehammers.
(4) bulldozers.
(5) pneumatic hammers.
(6) steam shovels.
(7) derricks.
(8) cranes.
(9) steam or electric hoists.
(10) off-road construction vehicles other than trucks.
(11) pumps.
(12) pneumatic tools.
(13) blasting.
(14) power tools.
(15) tunneling machines.
(16) construction devices with internal combustion engines.
(17) construction devices that emit impulsive sound.
(I8) construction devices that create vibration.
(19) metal plates used in street construction to temporarily cover excavations.
(20) any other construction devices or activities specified in such rules.
(b) Such rules shall include but shall not be limited to:
(1) The use of perimeter fences with acoustical insulation, where appropriate.
(2) The use of portable barriers with acoustical insulation, where appropriate.
(3) The use of acoustical blanket insulation, where appropriate.
(4) Testing of exhaust mufflers and certification, in a form and manner to be
specified in the rules, that mufflers meet factory specifications for noise emissions at
maximum loading at the commencement of construction at the site.
(5) The development ofgeneric noise mitigation plans, where appropriate.
(6) Additional mitigation measures for sensitive receptors such as hospitals and
schools, where appropriate.
(c) The commissioner shall appoint an advisory committee, which shall include, but
shall not be limited to, representatives of utility companies and the construction industry,
including those industries related to heavy construction, persons with acoustical
expertise and/or expertise regarding the health effects of noise, a representative of the
city council and employees of the department and of other relevant city agencies. The
committee shall provide advice and recommendations to the department relating to
construction noise mitigation and shall assist the department in the development of the
noise mitigation rules required by this section. The commissioner shall consult with the
committee regarding any proposed amendments of such rules. In the development of
such rules the commissioner shall consider factors such as the availability, cost and
safety of proposed noise mitigation measures.
x'24-220 Noise mitigation plan. (a) Each person, corporation or other business
entity performing construction work in the city shall adopt and implement a noise
mitigation plan for each construction site in accordance with the provisions of this
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subchapter and such rules whenever any one or more of the construction devices or
activities listed above or in the department's rules are employed or performed at the site.
(b) Such plan shall be adopted prior to the commencement of construction at the
site or, with respect to emergency work, as defined in the department's rules, within
three days thereafter, and shall apply to all work at the site throughout the construction
process. The plan shall provide in detail the noise mitigation strategies, methods,
procedures and technology, as prescribed in the rules of the department or specifically
approved by the commissioner in accordance with section 24-221 of this code, for each
device or activity employed or performed at the site. Each permit holder or other person
in charge of such construction site will be accountable for compliance with such rules
and shall ensure that each person performing construction work at the site shall be
aware of the plan and shall be responsible for complying with those provisions that
affect his or her work.
(c) A copy of the plan shall be kept at the construction site and shall be made
available for inspection upon the request of persons authorized to enforce the provisions
of this code.
(d) The plan shall be amended whenever additional devices or activities unforeseen
at the commencement of construction are employed at the site or at the direction of the
commissioner in accordance with section 24-223 of this subchapter.
(e) A plan need not be filed with or approved by the department prior to the
commencement of construction if it conforms in all respects to the rules of the
department with respect to construction devices and activities employed or performed at
the construction site. A plan that deviates in any respect from such rules or an
alternative noise mitigation plan required to be certified in conjunction with a undue
hardship application pursuant to paragraph (5) of subdivision (e) of section 24-223 shall
be subject to the prior approval of the commissioner in accordance with section 24-221
of this code.
)9 This section shall not apply to construction ,work in connection with the
alteration or repair of an existing one or tivo family owner -occupied dwelling classified
in occupancy group J-3 or a convent or rectory.
§24-221 Alternative noise mitigation plan. (a) Upon application, the commissioner
may approve an alternative noise mitigation plan for a particular construction site that
deviates from strict compliance with the noise mitigation rules. Application for approval
of such plan shall be submitted to the department at least ten business days prior to the
commencement of construction or as soon as practicable but no later than 24 hours prior
to the commencement of construction in a form and manner and accompanied by such
information and documentation as shall be set forth in the rules of the department. The
commissioner may approve such alternative noise mitigation plan if he or she funds that:
(1) strict compliance with the noise mitigation rules would not be possible or would
create an undue hardship because of the location or unique characteristics of the site or
of the construction devices or activities to be employed or performed at the site; and
(2) the alternative noise mitigation strategies, methods, procedures or equipment
proposed are consistent with the purposes and policies of this code.
(b) Notwithstanding the foregoing provisions, with respect to construction sites
where construction is performed pursuant to a permit issued prior to the effective date of
this section or in the case of construction by or on behalf of a city agency where
construction is performed under a contract bid out prior to the effective date of this
section, application for approval of an alternative noise mitigation plan may be
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submitted within 60 days after the effective date of this section. The commissioner may
approve such plan if he or she finds that:
(1) strict compliance with the noise mitigation rules would not be possible or world
create an undue hardship because of the location or unique characteristics of the site or
of the construction devices or activities employed or performed at the site, or
(2) strict compliance with such rules would be unreasonable or unduly burdensome
with respect to construction work that is imminent or ongoing on the effective date of this
section, or
(3) ivith respect to city construction projects, the implementation of contract
modifications to achieve strict compliance with such rules would result in unreasonable
delay and/or increased expenditure for a necessary public improvement, and
(4) the alternative noise mitigation strategies, methods, procedures or equipment
proposed are consistent with the purposes and policies of this code.
(c) Where the commissioner rejects an alternative noise mitigation plan, an
applicant may appeal such rejection in accordance with the rules of the department. An
alternative plan shall not be in effect unless and until it has been approved by the
commissioner except that where a timely alternative plan has been filed with the
commissioner for approval, a construction site in compliance with such alternative plan
shall be deemed to be in compliance with this section unless and until such
plan is rejected by the commissioner and for a reasonable time thereafter as determined
by the commissioner.
§24-222 After hours and weekend limits on construction work. Except as othenwise
provided in this subchapter, it shall be unlaitful to engage in or to cause or permit any
person to engage in construction work other than on weekdays between the hours of 7
a. m. and 6 p. in. A person may however perform construction work in connection with
the alteration or repair of an existing one or two family owner -occupied divelling
classified in occupancy group J-3 or a convent or rectory on Saturdays and Sundays
between the hours of 10 a. in. and 4 p. in. provided that such divelling is located more than
300 feel from a house of worship.
§24-223 After hours work authorization. (a) Notwithstanding section 24-222 of this
subchapter, an agency authorized to issue permits for construction work may, along with
such permit, issue an after hours work authorization for the work site. Such after hours
authorization may permit construction work to be performed at the site before 7 a. in. or
after 6 p.m. on weekdays and/or on Saturdays and/or Sundays subject to the conditions
and restrictions set forth in this section.
(b) The agency issuing such authorization must obtain a certification from its
permittee that the permittee has developed a noise mitigation plan for the site in
accordance with this subchapter and that such plan is in compliance with the noise
mitigation rules. In the case of emergency work such certification shall be submitted
within 3 days after the commencement of the work.
(c) If after hoes work at the site is not being performed in compliance with such
plan or where no plan is in effect, the department or the agency issuing such
authorization, at the request of the commissioner or on its own account, may take
appropriate action, including but not limited to the refusal to renew such after hours
authorization.
(d) Where there is frill compliance with the noise mitigation plan yet nevertheless
aggregate sound levels from the site where an after hours authorization is in effect
exceed 8dBl A) above the ambient sound level as measured in any residential receiving
property dwelling unit (with windows and doors that may affect the measurement
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closed), the commissioner may request the person performing the work to confer with
representatives of the department regarding additional noise mitigation measures that
may be employed at the site to reduce aggregate sound levels. After such conference the
commissioner may direct amendment of the noise mitigation plan for the site. Failure to
respond to a request for a conference or to amend the noise mitigation plan within the
time prescribed in a notice issued by the department shall be a violation of this code.
(e) Authorization for after hours construction work may only be issued in the
following circumstances:
(1) Emergency work. Agencies shall authorize such after hours construction work
for emergency conditions, inside or outside the properly line, involving a threat to public
safety or causing or likely to cause the imminent interruption of service required by law,
contract or franchise. An emergency authorization issued pursuant to this paragraph
shall expire as determined by the agency burl no later than the ninetieth day after its
issuance and shall be renewable in accordance with agency procedures while the
emergency continues.
(2) Public safety. Agencies may authorize such after hours work, inside or outside
of the property line, where the agency determines that the work cannot reasonably or
practicably be performed on weekdays between the hours of 7 a. m. and 6 p. in. because of
traffic congestion and/or concern for worker and/or public safety. An authorization
issued pursuant to this paragraph shall expire as determined by the agency but no later
than the ninetieth day after its issuance and shall be renewable in accordance with
agency procedures.
(3) City construction projects. Agencies may authorize after hours work by or on
behalf of city agencies for projects that are judicially mandated or the subject of consent
orders and/or where a project is necessary in the public interest including bunt not limited
to facilities, equipment, and infrastructure for the provision of water, sewerage,
sanitation, transportation and other services necessary for the health or safety of the
public. An authorization issued pursuant to this paragraph for a city construction
project shall remain in effect for the duration of the project.
(4) Construction activities with minimal noise impact. The commissioner shall
promulgate rules setting forth a list of construction activities with minimal noise impact
and specific noise mitigation measures applicable to such activities. Agencies may
authorize the performance of such construction activities after hours in accordance with
such rules.
(S) Undue hardship. Agencies may authorize after hours work if the commissioner
certifies that the permit holder has substantiated a claim of undue hardship resulting
from unique site characteristics, unforeseen conditions, scheduling commitments and/or
financial considerations outside the control of the permit holder and that the applicant
has received approval from the department of an alternative noise mitigation plan
pursuant to section 24-221 of this subchapter, specifying the activities and devices that
will be used for such after hours construction and setting forth the additional mitigation
measures, above and beyond those measures otherwise required for such devices and
activities pursuant to the department's rules, that the applicant will use to significantly
limit noise emissions from the site of such after hours work. Applications for such
certification shall be submitted to the department in a form and manner to be set forth in
the rules of the department. The applicant for an after hours authorization under this
paragraph shall submit such certification to the issuing agency.
§24-224 Construction work without noise mitigation plan unlawful. It shall be
unlaitful to perform work at any construction site in the city that is not in compliance
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with a noise mitigation plan where such plan is required pursuant to this subchapter and
with the noise mitigation rules adopted pursuant to this subchapter. Notwithstanding
any other provision of this code, construction work performed in accordance with a
noise mitigation plan that is in fill compliance with this subchapter and such rules shall
be deemed to be in compliance with all decibel level limits set forth in other subchapters
of this code. The provisions of this subchapter shall supercede all other provisions of
this code relating to construction activities or devices that are inconsistent with or in
conflict therewith.
SUBCHAPTERS
PROHIBITED NOISE
SPECIFIC NOISE SOURCES — SOUND LEVEL STANDARD
§24-225 Refuse collection vehicles. (a) No person shall sell, offer for sale, operate
or permit to be operated a refuse collection vehicle, equipped with a compacler, that
produces a maximum sound level when the compacting mechanism is in the compacting
cycle but not engaged in compacting a load that exceeds 80 dB(A), when measured by a
sound level meter set for slow response at a distance of 35 feel or more from the
compacting unit.
(b) It shall be unlai+ful to operate or cause to be operated a refuse collection
vehicle, including such a vehicle equipped with a compacler, within 50 feet of any
residential receiving property at or after 11:00 p.m. and before 7:00 a.m. if the
aggregate sound, not including impulsive sound, generated by the collection and
compacting activities exceeds 85 dB(A) when measured by a sound level meter set to
slow response at a distance of 35 feet or more from the vehicle. On and after July 1,
2012 such aggregate sound shall not exceed 80 dB(A). The provisions of this subdivision
shall not apply to the operation of refuse collection vehicles during an emergency such
as a storm or other event that causes delays in refuse collection.
§24-226 Air compressors. (a) No person shall operate or cause to be operated an
air compressor unless it is equipped with an appropriate muffler with no exhaust leaks.
(b) No person shall sell, offer for sale for use within the city of New York, or operate
or permit to be operated an air compressor that, when operated, produces a maximum
sound level, when measured at a distance of one meter or more from the nearest major
surface of such air compressor, exceeding 80 dB(A) for sizes greater than 350 cfm or
exceeding 75 dB(A) for sizes 350 cfm or less.
(c) Except for construction work outside the property line on a public right-of-way,
no person shall operate or permit to be operated an air compressor so as to generate
sound levels in excess of 75 dB(A) as measured at any receiving property.
§24-227 Circulation devices. (a) No person shall operate or permit to be operated a
circulation device in such a manner as to create a sound level in excess of 42 dB(A)
when measured inside a receiving property dwelling unit. The measurement shall be
taken with the window or terrace door open at a point three feet frons the open portion of
the ivindow or terrace door.
(b) On and after the effective date of this section, when a new circulation device is
installed on any building lot or an existing device on any building lot is replaced, the
cumulative sound from all circulation devices on such building lot owned or controlled
by the owner or person in control of the new device being installed or the existing device
being replaced shall not exceed 45 dB(A), when measured as specified in subdivision a of
this section. For a period of two years after the effective date of this section, this
subdivision shall not apply to the replacement of a circulation device that was installed
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on any building lot prior to the effective date of this section by a device of comparable
capacity.
(c) Except as othenvise provided in subdivision b of this section, with respect to
circulation devices installed on any building lot prior to the effective date of this section,
the sound level limit of 42 dB(A) referred to in subdivision a of this section shall apply to
each individual device except that if the cumulative sound from all devices owned or
controlled by the same person on a building lot exceeds 50 dB(A), when measured as
specified in subdivision a of this section, the commissioner may order the owner or
person in control of such devices to achieve a 5 dB(A) reduction in such cumulative
sound level within not more than 12 months after the issuance of such order.
§24-228 Construction, exhausts and other devices. (a) No person shall operate or
use or cause to be operated or used a construction device or combination of devices in
such a way as to create an unreasonable noise. For the puutposes of this section
unreasonable noise shall include but shall not be limited to sound that exceeds the
following prohibited noise levels:
(1) Sound, other than impulsive sound, attributable to the source or sources, that
exceeds 85 dB(A) as measured 50 or more feel from the source or sources at a point
outside the property line where the source or sources are located or as measured 50 or
more feel from the source or sources on a public right-of-way.
(2) Impulsive sound, attributable to the source, that is 15 dB(A) or more above the
ambient sound level as measured at any point within a receiving property or as
measured at a distance of 15 feet or more from the source on a public right-of-way.
Impulsive sound levels shall be measured in the A -weighting network with the sound
level meter set to fast response. The ambient sound level shall be taken in the A -
weighting network with the sound level meter set to slow response.
(b) Where a particular sound source or device is subject to decibel level limits and
requirements specifically prescribed for such source or device elsewhere in this code,
such specific decibel limits shall apply to such device or source. However, if aggregate
sound levels from a construction site exceed the limits set forth in this section,
compliance with such specific decibel limits shall not be a defense in any proceeding
relating to a violation of this section.
§24-228.1 Exhausts. No person shall cause or permit discharge into the open air of
the exhaust of any device, including but not limited to any steam engine, diesel engine,
internal combustion engine, power tools, compressors or turbine engine, so as to create
an unreasonable noise. For the purposes of this section unreasonable noise shall
include but shall not be limited to sound that exceeds the prohibited noise levels set forth
in section 24-228.
§24-229 Containers and construction material. (a) No person shall handle or
transport or cause to be handled or transported on any public right-of-way any
container or any construction material in such a way as to create an unreasonable noise.
For the purposes of this section unreasonable noise shall include brut shall not be limited
to the following prohibited noise levels:
(1) Sound, other than impulsive sound, attributable to the source measured at a
level of 10 dB(A) or more above the ambient sound level, as measured at any point
within a receiving property or as measured at a distance of 15 feet or more fu•om the
source on a public right-of-way.
(2) Impulsive sound, attributable to the source, measured at a level of 15 dB(A) or
more above the ambient sound level, as measured at any point within a receiving
property or as measured at a distance of 15 feet or more from the source on a public
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right-of-way. Impulsive sound levels shall be measured in the A -freighting network with
the sound level meter set to fast response. The ambient sound level shall be taken in the
A -weighting network with the sound level meter set to slow response.
(b) This section shall not apply to the operation of refuse collection vehicles
regulated pursuant to section 24-225.
§24-230 Paving breakers. (a) No person shall operate or cause to be operated a
paving breaker, other than one operated electrically or hydraulically, unless a pneumatic
discharge muffler certified by the manufacturer of such muffler to provide a dynamic
insertion loss of 5 dB(A) of the sound released from the air discharge of such paving
breaker is installed on such air discharge.
(b) No person shall sell, offer for sale for use within the city of New York, operate or
permit to be operated a paving breaker that when operated produces a maximum sound
level that exceeds 95 dB(A), when measured at a distance of one meter or more from a
face of such paving breaker.
x'24-231 Commercial music. (a) No person shall make or cause or permit to be
made or caused any music originating from or in connection with the operation of any
commercial establishment or enterprise when the level of sound attributable to such
music, as measured inside any receiving property dwelling unit:
(1) is in excess of 42 dB(A) as measured with a sound level meter, or
(2) is in excess of 45 dB in any one-third octave band having a center frequency
between 63 hertz and 500 hertz (ANSI bands numbers 18 through 27, Inclusive), in
accordance with American National Standards Institute standard SL 6-1984, or
(3) causes a 6 dB(C) or more increase in the total sound level above the ambient
sound level as measured in decibels in the "C" weighting network provided that the
ambient sound level is in excess of 62 dB(C).
(b) (1) The commissioner may recommend to the board that there shall be no civil
penalty imposed for o furs! violation of this section if, within 30 days after the issuance of
such violation or, if applicable, within the time granted by the commissioner pursuant to
paragraph two of this subdivision, the respondent admits liability for the violation and
files a certification with the department in a form and manner and containing such
information and documentation as shall be prescribed in the department's rules that (i)
permanent improvements or modifications have been made to the establishment,
including but not limited to the installation of appropriate sound insulation, isolators,
suspension mounting and/or sound mitigation devices or materials and (ii) appropriate
sound measurements taken in accordance with the department's rules substantiate that
the establishment is in full compliance with the sound levels set forth in this section. If
the commissioner accepts such certification of compliance, he or she shall recommend to
the board that no civil penalty shall be imposed for the violation. Such violation may
nevertheless serve as a predicate for purposes of imposing penalties for subsequent
violations of this section.
(2) Where the completion of appropriate permanent improvements or modifications
and testing within 30 days after the issuance of the violation would cause the respondent
undue hardship, the respondent may apply to the commissioner for additional time to
submit an appropriate certification of compliance, but not more than 30 days.
Application for such additional time must be submitted to the commissioner within 30
days after the issuance of the violation along with an admission of liability and
appropriate documents in support of the claim of undue hardship.
(3) Nothing in this subdivision shall be construed to prohibit enforcement personnel
from issuing additional notices of violation, summonses or appearance tickets where
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sound levels exceed the limits set forth in subdivision a of this section during the periods
of time set forth in paragraphs one and nvo of this subdivision for submission of a
certification of compliance for a first violation.
(c) in any proceeding under this section it shall be an affirmative defense that the
receiving property dwelling unit was not laitfully occupied at the time of the violation.
(d) The commissioner may grant a variance from strict application of the limits set
forth in subdivision (a) of this section for a commercial establishment or enterprise that
was in operation at the same site prior to the date of enactment of the local lain that
added this section if he or she finds that there are practical difficulties or unnecessary
hardship in the application of such provisions in the specific case, provided that as a
condition to the grant of any such variance, sufficient evidence or data is submitted by an
applicant that there are physical conditions or zoning district conditions, including
irregularity in lot size characteristics and zoning changes, and that as a result of such
physical or zoning district conditions, practical difficulties or unnecessary hardship arise
in complying with such provisions. in granting a variance the commissioner may impose
such terms and conditions as he or she deems necessary to carry out the intent of this
section to minimize noise emissions from the site. Application for a waiver shall be
submitted in such form and manner as shall be provided by rules of the department and
shall include in detail proposed measures which the applicant proposes will minimize
sound from the site. A variance granted pursuant to this subdivision shall not be
transferable but shall expire upon a change in ownership, size or location of the
commercial establishment or enterprise in accordance with the rules of the department.
Violation of the conditions of any variance shall be deemed to be a violation of this
section.
§24-232 Allowable decibel levels -octane band measurement. (a) No person shall
cause or permit a sound source operating in connection with any commercial or business
enterprise to exceed the decibel levels in the designated octave bands shown below as
measured within a receiving property as specified therein.
Octave Band
Maximum Sound Pressure Levels (dB) as measured within
a receiving property as specified
below
Frequency (H)
Residential receiving
Commercial receiving
property for mixed use
property (as measured within
buildings and residential
any room containing offices
buildings (as measured
within the building with
within any room of the
windows open, if possible).
residential portion of the
building with windows open,
i ossible).
31.5
70
74
63
61
64
125
53
56
250
46
50
500
40
45
1000
36
41
2000
34
39
4000
33
38
8000
32
37
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(b) All sources that are within the A -scale limits prescribed by any other section of
this code must also comply with the octave band decibel levels as specified herein.
Compliance with this section does not constitute a defense to violation of decibel limits
set by any other section of this code.
(c) Measurements performed on residential property shall not be taken in non -living
areas such as closets and crawlspaces.
(d) This section shall not apply to impulsive sound, music or construction devices or
activities.
(e) This section shall not apply to any utility structure in existence prior to January
1, 2004. For the purposes of this subdivision the term "utility structure" means any
electric substation owned or operated by an electric, gas, or steam utility subject to the
jurisdiction of the New York state public service commission.
(fi This section shall not apply to any refuse collection facility owned, operated or
regulated by the department of sanitation.
SUBCHAPTER 6
SPECIFIC NOISE SOURCES
PLAINLY A UDIBLE AND OTHER STANDARDS
§24-233 Personal audio devices. (a) No person shall operate or use or cause to be
operated or used any personal audio device in such a manner as to create an
unreasonable noise.
(b) For the purposes of this section unreasonable noise shall include but shall not
be limited to:
(I) the operation or use of a personal audio device on or in any public right-of-way
so that sound emanating from such device is plainly audible to another individual at a
distance of 25 feet or more from the source.
(2) the operation or use of a personal audio device from on or inside a motor
vehicle, whether moving, parked, stopped or standing, on or in any public right-of-way
so that sound emanating from such device is plainly audible to another individual
outside of such motor vehicle at a distance of 25 feet or more from the source.
(c) Nothing in this section shall be construed to permit the operation or use of a
personal audio device where such operation or use would othenvise be prohibited
pursuant to section 10-108 or 24-244 of the administrative code.
§24-234 Operation or use of sound reproduction device in or on rapid transit
railroad, omnibus orferry. It shall be unlattfd to operate or use a sound reproduction
device in or on any rapid transit railroad, omnibus or ferry, other than a personal audio
device with personal earphones such that sound from such earphones is not plainly
audible to another individual at a distance of 5 feet or more from the source.
§24-235 Animals. No person having charge, care, custody, or control of any animal
shall cause or permit such animal to cause unreasonable noise including, but not limited
to, any sound that is plainly audible at any location within any residential receiving
property as set forth below:
(a) At or after 7 a. in. and before 10 p.m., continuously for a period of 10 minutes or
more.
(b) At or after 10 p.m. and before 7 a.m., continuously for a period of 5 minutes or
more.
§24-236 Motor vehicles. (a) Motor vehicles, other than motorcycles, with a
maximum gross weight of 10,000 lbs. or less. No person shall cause or permit any motor
vehicle, other than a motorcycle, with a maximum gross weight of 10, 000 lbs. or less to
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operate on a public right-of-way where the mi ffler or exhaust generates a sound that is
plainly audible to another individual at a distance of 150 feet or more from the motor
vehicle.
(b) Motorcycles. No person shall cause or permit any motorcycle to operate on a
public right-of-way where the muffler or exhaust generates a sound that is plainly
audible to another individual at a distance of 200 feet or more from the motorcycle.
(c) Motor vehicles with a maximum gross weight greater than 10,000 lbs. No
person shall cause or permit any motor vehicle with a maximum gross weight greater
than 10,000 lbs. to operate on a public right-of-way where the muffler or exhaust
generates a sound that is plainly audible to another individual at a distance of 200 feet
or more from the motor vehicle, except when compression brake systems are used in an
emergency to stop the vehicle.
(d) (1) No person operating a motor vehicle containing a compression brake system
or systems shall apply such compression brake system or systems except when such
system or systems are used in an emergency to stop the vehicle.
(2) The department is authorized to post signs at every entry point of the city
containing the following information: THE USE OF COMPRESSION BRAKE SYSTEMS
IS PROHIBITED ON STREETS WITHIN NEW YORK CITY WHERE THE SPEED
LIMIT IS 35 MILES PER HOUR OR LESS EXCEPT IN CASE OF AN EMERGENCY
(e) No person shall cause or permit the total sound from a motor vehicle operating
on any public right-of-way to exceed the sound level set forth in section 386 of the
vehicle and traffic laiv and the rules adopted pursuant to such section.
69 Subdivisions a, b, c and paragraph one of subdivision d of this section may only
be enforced on streets where the .speed limit is 35 miles per hour or less.
§24-237 Sound signal devices. (a) No person shall operate or use or cause to be
operated or used any claxon installed on a motor vehicle, except as a sound signal of
imminent danger or in connection with use as an audible motor vehicle burglar alarm as
provided in section 24-238 of this code.
(b) No person shall operate or use or cause to be operated or used an air horn or
gong installed on any motor vehicle other than as provided in section 24-241 of this
code.
(c) No person shall operate or use or cause to be operated or used any steam whistle
attached to any stationary boiler, except to give notice of the time to start and stop work
or as a sound signal of imminent danger.
(d) No person shall operate or use or cause to be operated or used on any public
right-of-way any electrically operated or electronic sound signal device (other than a
safety device, such as but not limited to a car horn or back tip signal, that is actually
used for its intended purpose) attached to, on or in a motor vehicle, wagon or manually
propelled cart from which food or any other items are sold or offered for sale when the
vehicle is stopped, standing or parked. For the purposes of this subdivision the term
"stopped" means the halting of a vehicle, whether occupied or not, except when
necessary to avoid conflict with other traffic or in compliance with a police officer or
other authorized enforcement officer or a traffic control sign or signal. The terms
"standing" and "parked" shall be as defined in the vehicle and traffic law.
§24-238 Audible burglar alarm and audible status indicator. (a) No owner of a
building or of a motor vehicle shall have in operation an audible burglar alarm thereon
unless such burglar alarm shall be capable of and shall automatically terminate its
operation within fifteen minutes of its being activated in the case of a building, and three
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minutes of its being activated in the case of a motor vehicle. No audible burglar alarm on
a motor vehicle shall be capable of being activated except by:
(i) direct physical contact with that motor vehicle; or
(ii) through the use of an individual remote activation device, that is activatedf-om
no further than 15 feet away from such vehicle and, that is designed to be used with the
audible burglar alarm system of a particular vehicle which alarm shall be capable of
and shall terminate its audible response within three minutes of its being activated
(b) No owner of a motor vehicle shall have in operation an audible status indicator
on such motor vehicle.
§24-239 Audible burglar alarm or audible status indicator may be disconnected. (a)
Nohvithstanding the provisions of section 24-238, any member of the police department
shall have the right to take such steps as may be reasonable and necessary to disconnect
any audible burglar alarm or audible status indicator that is installed on a motor vehicle
at any time during the period of its activation.
(b) The operator of any motor vehicle on which an audible burglar alarm or
audible status indicator has been installed shall when parked on a public highway or
parking lot open to the public, prominently display the number- and telephone number of
the owner's local police precinct where information shall be on file to permit
communication with the owner of such vehicle.
§24-240 Removal of vehicle with audible burglar alarm or audible status indicator.
(a) Nohvithstanding the provisions of section 24-239, any member of the police
department may arrange for the removal of a motor vehicle from a public highway or
parking lot open to the public, when:
(i) an audible burglar alarm installed on such vehicle is operated in violation of this
code or an audible status indicator is operated on such vehicle; and
(ii) all reasonable and necessary steps to disconnect such alarm or audible status
indicator have been taken without success. Authorized personnel of the department or the
department of transportation may request a member of the police department to arrange
for removal of such vehicle. When such removal is requested, the notice of violation for
operation of an audible burglar alarm in violation of this section or for operation of an
audible status indicator shall state that a member of the police department took all
reasonable and necessary steps to disconnect such alarm or such audible status
indicator without success. Such removal may be accomplished by utilizing any existing
city -operated tow program, rotation tow program established pursuant to section 20-519
of the code or such other procedures as may be established The cost of lowing and
storage of such motor vehicle shall be the responsibility of the owner or other person
who claims such vehicle.
(b) An opportunityfor a hearing before the board shall be provided to the owner of
a motor vehicle removed pursuant to this section within five business days after a request
for a hearing is made to determine whether there was a basis for such removal. The
board shall render a decision within hvo business days following the conclusion of the
hearing. If it is determined that there was no basis for removal of a vehicle pursuant to
this section, the owner of such vehicle may recover from the city any amounts paid by
such owner for towing and storage.
§24-241 Emergency signal devices. (a) No person shall operate or use or cause to
be operated or used any emergency signal device, except on an authorized emergency
vehicle when such vehicle is in the act of responding to an emergency; provided that
such device shall not be operated for a period of time longer than is necessary to
respond to such emergency. Nohvithstanding the foregoing, such a device on a motor
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vehicle shall be lawful if designed and used solely as an audible motor vehicle burglar
alarm in accordance with section 24-238 and a device attached to a vehicle for the
purpose of providing an audible warning when the vehicle is backing up shall be
permitted even though the audible warning may consist of a gong or bell sound.
(b) No person shall operate or permit to be operated an emergency signal device
installed on an authorized emergency vehicle that when operated at the maximum level
creates a sound level in excess of 90 dB(A) when measured at a distance of fifty feet from
the center of the forward face of such vehicle. Within one year after the effective date of
this subdivision and every two years thereafter, emergency signal devices installed on
authorized emergency vehicles shall be tested and certification shall be submitted, in a
form approved by the department, that such devices meet the standard set forth in this
subdivision for operation at maximum level. Notwithstanding the foregoing provisions,
where compliance with the provisions of this subdivision would create an undue
hardship, the owner or operator of an authorized emergency vehicle may submit a plan
to the commissioner for emergency signal devices to meet the standard set forth in this
subdivision within two years after the effective date of this subdivision. Such plan shall
be submitted within one year after the effective date of this subdivision in lieu of the
required certification. This subdivision shall not apply to authorized emergency vehicles
of the police department, fire department or authorized emergency vehicles responding
to medical emergencies.
§24-242 Lawn care devices. (a) No person shall operate or use or cause to be
operated or used any lawn care device:
(1) On weekdays before eight a.m. and after seven p.m. or sunset, whichever occurs
later; or
(2) On weekends and New fork state and federal holidays before nine a.m. and after
six p.m.; or
(3) At any time in such a way as to create an unreasonable noise. For the purposes
of this section unreasonable noise shall include but shall not be limited to an aggregate
sound level of 75 dB(A) or more, attributable to the source or sources, as measured at
any point within a receiving property. The provisions of paragraph (1) of this
subdivision shall not apply to an employee of the department of parks and recreation or
an agent or contractor of the department of parks and recreation who operates or uses
or causes to be operated or used any lawn care device between the hours of seven a.m.
and eight a.m. in any location more than three hundred feet from any building that is
lawfully occupied for residential use. The distance of three hundred feet shall be
measured in a straight line from the point on the exterior wall of such building nearest to
any point in the location at which such lawn care device is operated or used or caused to
be operated or used.
(b) No person shall operate or use or cause to be operated or used any leaf blower
not equipped with a f actioning muffler.
§24-243 Snow blowers. The provisions of this code shall not apply to the operation
of a snow blower for the purpose of complying with subdivision a of section 16-123 of
the administrative code.
§24-244 Sound reproduction devices. (a) Except as otherwise provided in section
10-108 of the code, no person shall operate or use or cause to be operated or used any
sound reproduction device in such a manner as to create unreasonable noise.
(b) No person shall operate or use or cause to be operated or used any sound
reproduction device, for commercial or business advertising purposes or for the purpose
of attracting attention to any performance, show, sale or display of merchandise, in
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connection ivith any commercial or business enterprise (including those engaged in the
sale of radios, television sets, compact discs or tapes), (i) outside or in front of any
building, place or premises or in or through any aperture of such building, place or
premises, abutting on or adjacent to a public street, park or place; (ii) in or upon any
vehicle operated, standing or being in or on any public street, park or place; (iii) from
any stand, platform or other structure; (iv) from any airplane or other device used for
flying, flying over the city; (v) from any boat on the waters within the jurisdiction of the
city; or (vi) anywhere on the public streets, public sideivalks, parks or places where
sound from such sound reproduction device may be heard upon any public street,
sidewalk, park or place. Nothing in this section is intended to prohibit incidental sounds
emanating from a sporting or an entertainment or a public event for which a permit
under section 10-108 of the code has been issued.
§11. Paragraph (5) of subdivision (b) of section 24-257 of such code is amended to
read as follows:
(5) Impose a civil penalty in each instance in an amount as set out in table [V] 1
against any person who violates a provision of this code, or of any order, rule or
regulation promulgated by the commissioner or the board. Each day during which such
violation continues shall constitute a separate violation. The board may remit, in whole or
in part, such a civil penalty if, at the conclusion of the hearing or at the time of the board
determination under section 24-266 of this code, the respondent is no longer in violation
of a provision of this code, or of any order, rule or regulation promulgated by the
commissioner or the board;
§12. Table V following paragraph (5) of section 24-257 of such code is
REPEALED and a new table 1 is added following such paragraph (5) to read as follows:
TABLE
Violations
related to
section and
subdivision
Civil Penalties
First Violation
Maxi- Mini-
mum mum
Second
Violation"
Maxi- Mini-
mum mum
Third and
Subsequent
Violations'
Mari- Mini-
mum mum
24-216 (d)
2,625
650
5,250
1,300
7,875
1,950
24-218
1,000
350
2,000
700
3,000
1,050
24-218.1
50
50
50
50
50
50
24-220
1,400
440
2,800
880
4,200
1,320
24-222
3,500
875
7,000
1,750
10,500
2,625
24-223
3,500
875
7,000
1,750
10,500
2,625
24-224
3,500
875
7,000
1,750
10,500
2,625
24-225
1,400
440
2,800
880
4,200
1,320
24-226
1,400
440
2,800
880
4,200
1,320
24-227
875
220
1,750
440
2,625
660
24-228
1,400
440
2,800
880
4,200
1,320
24-229
1,400
440
2,800
880
4,200
1,320
24-230
1,400
440
2,800
880
4,200
1,320
24-231 (a)
8,000
2,000
16,000
4,000
24,000
6,000
24-231 (b)
1,750
440
3,500
880
5,250
1,320
24-231 (c)
875
350
1750
700
2,625
1,050
24-232
1,400
440
2,800
880
4,200
1,320
24-233 (a)
175
50
350
100
525
150
24-233 (b) (1)
175
50
350
100
525
150
Submitted into the public
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§ 13. Paragraph (3) of subdivision (c) of section 24-257 of such code is amended to
read as follows:
(3) order any person not in possession of [a variance] an after hours ,cork
authorization issued pursuant to [subdivision (b) of section 24-224 ] section 24-223 of
this code to cease and desist from construction activities other than during the
permissible hours specified in [subdivision (a) of section 24-224] section 24-222 of this
code and the board may also seal any device used in such construction activities;
§14. Subdivision (f) of section 24-257 of such code is amended to read as follows:
(f) (1) The board may order any person to cease and desist from an activity which it
reasonably believes causes unreasonable noise which creates imminent peril to the public
health and well being, or to cease and desist from an activity which it reasonably believes
constitutes a willful or continued violation of any provision of this code or order or
regulation, promulgated by the commissioner or board. Such order shall be effective
upon service thereof. Any party affected by such an order may request a hearing on
written notice, and he or she shall be afforded a hearing, within twenty-four hours after
service of such request, pursuant to section 24-263 of this code. If such an accelerated
hearing is not requested, then a hearing shall be afforded within ten days of the issuance
of the order. The board shall issue its final decision and order thereon within three days
from the conclusion of a hearing held pursuant to this subdivision.
[(2) The board may rescind in whole or in part a variance issued by an agency of the
city of New York pursuant to subdivision (b) of section 24-224 of this code. Such order
shall be effective upon service thereof upon such agency and upon the person to whom
such variance was issued.]
§ 15. Section 24-258 of such code is amended to read as follows:
§ 24-258 The board. (a) The board shall be convened by the chairperson or in the
chairperson's absence the assistant commissioner of [air resources] environmental
compliance, or at the request of any three members thereof.
(b) If a member of the board has presided over the initial hearing, he or she shall not
be disqualified from reviewing the hearing,
24
24-233 (b) (2)
350
100
700
200
1,050
300
24-234
175
50
350
100
525
150
24-235
175
50
350
100
525
150
24-236 (a)
525
150
1050
300
1,575
450
24-236 (b) (c) (d)
1,440
440
2,800
880
4,200
1,320
24-237 (a)
1,000
150
2,000
300
3,000
450
24-237 (b)
875
220
1,750
440
2,625
660
24-237 (c)
875
220
1,750
440
2,625
660
24-237 (d)
1,000
350
2,000
700
3,000
1,050
24-238
875
220
1,750
440
2,625
660
24-239 (b)
350
100
700
200
1,050
300
24-241
1,400
440
2,800
880
4,200
1,320
24-242
875
220
1,750
440
2,625
660
24-244
1750
440
3,500
880
5,250
1,320
24-245
2,625
660
5,250
1,320
7,875
1,980
All remaining sections
and subdivisions
875
220
1,750
440
2,625
660
* By the same respondent of the
same provision of law,
order, rule
or regulation
and, if
the respondent is the owner, agent, lessee or other person in control of the premises with
respect to which the violation occurred, at the same
premises
(all violations committed within
two years).
§ 13. Paragraph (3) of subdivision (c) of section 24-257 of such code is amended to
read as follows:
(3) order any person not in possession of [a variance] an after hours ,cork
authorization issued pursuant to [subdivision (b) of section 24-224 ] section 24-223 of
this code to cease and desist from construction activities other than during the
permissible hours specified in [subdivision (a) of section 24-224] section 24-222 of this
code and the board may also seal any device used in such construction activities;
§14. Subdivision (f) of section 24-257 of such code is amended to read as follows:
(f) (1) The board may order any person to cease and desist from an activity which it
reasonably believes causes unreasonable noise which creates imminent peril to the public
health and well being, or to cease and desist from an activity which it reasonably believes
constitutes a willful or continued violation of any provision of this code or order or
regulation, promulgated by the commissioner or board. Such order shall be effective
upon service thereof. Any party affected by such an order may request a hearing on
written notice, and he or she shall be afforded a hearing, within twenty-four hours after
service of such request, pursuant to section 24-263 of this code. If such an accelerated
hearing is not requested, then a hearing shall be afforded within ten days of the issuance
of the order. The board shall issue its final decision and order thereon within three days
from the conclusion of a hearing held pursuant to this subdivision.
[(2) The board may rescind in whole or in part a variance issued by an agency of the
city of New York pursuant to subdivision (b) of section 24-224 of this code. Such order
shall be effective upon service thereof upon such agency and upon the person to whom
such variance was issued.]
§ 15. Section 24-258 of such code is amended to read as follows:
§ 24-258 The board. (a) The board shall be convened by the chairperson or in the
chairperson's absence the assistant commissioner of [air resources] environmental
compliance, or at the request of any three members thereof.
(b) If a member of the board has presided over the initial hearing, he or she shall not
be disqualified from reviewing the hearing,
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(c) Five members of the board, at least two of who shall not be city officials, shall
constitute a quorum.
§16. All actions and proceedings, civil or criminal, or administrative proceedings
commenced under or by virtue of any provision repealed by this local law and pending
immediately prior to the taking effect of such repeal may be prosecuted and defended to
final effect in the same manner as they might if such provisions were not so repealed.
§17. On or prior to January 1, 2007 the commissioner of environmental protection
shall promulgate noise mitigation rules in accordance with section 24-219 of the
administrative code, as added by section 10 of this local law.
§18. This local law shall take effect on July 1, 2007 provided that prior to such
effective date agencies may promulgate rules or take other administrative actions
necessary for the timely implementation of this local law including the appointment of
any advisory committee and provided further that section 17 of this local law shall take
effect immediately upon its enactment into law.
THE CITY OF NEW YORK, OFFICE OF THE CITY CLERK, s.s.:
I hereby certify that the foregoing is a true copy of a local law of the City of New
York, passed by the Council on December 21, 2005 and approved by the Mayor on
December 29, 2005.
VICTOR L. ROBLES, City Clerk of the Council
CERTIFICATION PURSUANT TO MUNICIPAL HOME RULE LAW §27
Pursuant to the provisions of Municipal Home Rule Law §27, I hereby certify that
the enclosed Local Law (Local Law 113 of 2005, Council Int. No. 397-A) contains the
correct text and:
Received the following vote at the meeting of the New York City Council on
December 21, 2005: 47 for, 0 against, 0 not voting.
Was signed by the Mayor on December 29, 2005.
Was returned to the City Clerk on December 30, 2005.
JEFFREY D. FRIEDLANDER, Acting Corporation Counsel
AV
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
IDO
Brooks Acoustics Corporation
49 N. Federal Hwy Pompano Beach, FL 33062 754.229.1450
Mr. Itai Benosh 21 May 2018
Board Member and Treasurer PJ2018-1252-1-01
50 Biscayne Condominium Association, Inc.
Treasurer, Downtown Neighbors Alliance, Inc.
50 Biscayne Boulevard
Miami, FL 33132
Subject: Ultra Music Festival Sound Survey Tests
Dear Mr. Benosh:
As requested, Brooks Acoustics Corporation (BAC) has conducted an acoustical engineering sound
survey to measure the sound levels that are emitted by the Ultra Music Festival (Ultra) located at
Bayfront Park near the 50 Biscayne Condominium and other residential buildings that are part of the
Downtown Neighbors Alliance.
Sound monitoring was conducted before, during and after the Ultra events, from the evening of
Thursday, March 22, 2018 to the morning of Tuesday March 27, 2018. The Ultra event was open to
the public from Friday, March 23 to Sunday, March 25. However, considerable activity occurred in
Bayfront Park and the surrounding area for many days before and after, including construction of the
stages, sound tests and tear down of the festival equipment afterward.
For this study, continuous sound monitoring at three (3) separate outdoor locations was conducted
in the 50 Biscayne residential building. These included the Pool Deck (10th floor), the Unit 2802
balcony, and the Roof (55th floor).
In addition, short term tests at various indoor locations were conducted during the Ultra Festival
operating hours, and also when the Festival was not operating for direct comparison. These included
the Pool Deck informal party room, Unit 2802 dining room, and several management offices.
A focus of the testing was to measure broadband sound, in particular the low frequency (bass,
thumping) sounds that are emitted by the multiple electronic dance music (EDM) disk jockeys (DJs)
at the Festival.
During the entire time that the Ultra Music Festival was operating, the rhythmic, thumping
bass and drum sounds from the venue at Bayfront Park were plainly audible, distinctly
noticeable and highly intrusive above the ambient background.
The sound survey results show that the musical devices in use at the Ultra Music Festival events
generated and emitted sound that can and did "disturb the quiet, comfort or repose of persons
in any dwelling, hotel or other type of residence."
lv,
BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 2
Importantly, the objective sound measurements obtained during this survey demonstrated that the
low frequency rhythmic bass and drum thumping sounds generated by the Ultra events constitute
a substantial intrusion which penetrates well above the ambient background.
The objective data show that the disruptive nature of these significantly intrusive bass sounds
can disturb the peace, quiet and comfort, and consequently seriously degrade the quality of life,
and cause negative health effects for residents, and minor vibration induced damage to the
buildings in the proximity of the Ultra events.
The sound survey tests are summarized herein.
Sound Level Standards
Communitv Noise Standards
Many communities have determined that excessive noise is detrimental to the quality of life of their
citizens. Therefore, they have enacted standards which protect the health, safety and welfare of their
community with regard to noise. An example of such a standard is given by the World Health
Organization (WHO).' The sound level limits in the WHO guidelines have also been adopted by
many communities in the United States.
The WHO guidelines state that to protect a majority of people from being seriously annoyed during
the daytime, the sound pressure level on balconies, terraces and outdoor living areas should not
exceed 55 dB LAeq (55 dBA average level) for a steady continuous noise. At night, sound pressure
levels at the outside facades of the living spaces should not exceed 45 dB LAeq (45 dBA average
level) and 60 dB LAmax (60 dBA maximum), so that people may sleep with bedroom windows open.
In addition, standard criteria have been developed for the design and practice of outdoor concert
venues.2 These criteria state that to minimize the impact on outdoor concert neighbors the occasional
sound interference from the concert should not exceed the ambient background sound level by more
than 5 dB. If this difference exceeds 15 dB, then the concert facility will be generally audible with
widespread complaints.
Hearina Conservation Standards
The US Centers for Disease Control (CDC) through the National Institute for Occupational Safety
and Health (NIOSH) has developed standards for limiting noise exposure that can cause hearing
damage. The NIOSH recommended exposure limit (REL) for occupational noise exposure is 85
decibels, A -weighted, as an 8 -hour time -weighted average [85 dBA as an 8 -hr TWA].3
It is well known that hearing damage is a cumulative effect that occurs for exposure to high sound
levels over a period of time. The level of the sound exposure is related to the amount of time before
damage occurs. The higher the level, the shorter the time before damage. According to NIOSH, the
amount of time is cut in half for every 3 dB increase in sound level.
Submitted into the public
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brooks Acoustics Corporation 49 N.yeaeral mM Hompano beacn. VL 66U(i"L
BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 3
Health Effects Standards
Submitted into the public
record for item(s) RE.4
on 07/25/2019 , City Clerk
High levels of noise are known to be biological stressors. Numerous studies show that additional
negative health effects can be caused by the high noise levels produced by the Ultra events. These
negative effects include sleep deprivation, hypertension, cardio -vascular disease, and other adverse
outcomes.4, s
The sound levels which can cause these negative effects are generally less than those which cause
hearing damage, but greater than those that cause annoyance. There is sufficient evidence to show
that continuous sound levels above 70 dBA can cause hypertension and ischemic heart disease.
Noise Induced Vibration Standards
Criteria were developed by NASA to assess the potential of noise induced damage to housing
structures due to rocket takeoffs.6 These criteria compare measured noise levels to a set of criteria
curves to determine the vibration induced in housing structures ranging from windows to walls to
floors. Noise induced vibration can range from annoying rattles to levels which may cause minor
damage to buildings.
Intrusiveness and Acceptability Standards
Many recent studies using the science of soundscape analysis have been conducted. These have
determined that what people find acceptable in terms of sound depends on the context of that sound
to their living situation, and the meaning that it may have to their lives.' If people think that a given
sound is appropriate to the context and provides meaning, then it is considered to enhance their well-
being and be acceptable. If not then the sound is out of place and it will be considered intrusive.
For example, a hand-held electric drill or saw (-100 dBA) is considered acceptable on a construction
site, but not in a quiet restaurant dining room. A normal conversation nearby (-65 dBA) is considered
acceptable in a coffee shop, but not in a library. Generally speaking, activities which produce high
levels of sound that are out of place to the context which they are in will be considered intrusive, and
will likely cause annoyance.
' Guidelines for community noise / edited by Birgitta Berglund, Thomas Lindvall & Dietrich H. Schwela. Geneva: World
Health Organization. 1999.
2 Hot topics in noise. (Interdisciplinary Hot Topics) ASA 141st Meeting, Chicago, June 2001, J. Acoust. Soc. Am. 109 (5,
pt. 2), 2424. 2000
3 US Dept. of Health and Human Services (NIOSH) Publication No. 98-126.1998
4 Noise Exposure and Public Health, Willy Passchier-Vermeer and Wim F. Passchier, Environmental Health Perspectives
Vol 108, Supplement I, March 2000
5 Babisch. Stress hormones in the research on cardiovascular effects of noise. Noise Health 5:1-11. 2003.
6 Hubbard & Shepherd. J. Acoust. Soc. Am. 89 (6).1991 & NASA TM -83288
7 Brooks, Schulte-Fortkamp, Voigt & Case. Exploring Our Sonic Environment through Soundscape Research & Theory.
Acoustics Today. Winter 2014.
Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062
BAC PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Page 4
So the tests conducted on between 22 March and 27 March had a focus to determine whether or not
generated sounds from the Ultra events were contained sufficiently within Bayfront Park such that
they would not disturb the quiet, comfort or repose of persons in any dwelling, hotel or other
type of residence.
These tests had a purpose to determine the level of noise intrusion created by the Ultra events.
Recent advances in technology have enabled the measurement of the noise intrusion of outdoor
entertainment events on communities. This capability is discussed in detail in the Data Analysis
section of the report, below.
Further, the tests also were conducted to determine if the Ultra events could cause adverse hearing
or health outcomes.
Sound survey test procedure
A sound survey was conducted at locations in the 50 Biscayne Condominium building, directly across
Biscayne Boulevard from the Ultra event site between the evening of Thursday, 22 March 2018 and
the morning of 27 March 2018. The surrounding area includes residential uses. These surveys were
conducted by Bennett Brooks of BAC. Field measurements of sound levels were performed in
accordance with the requirements of accepted standard methods of environmental sound
measurement.
Two types of sound survey tests were conducted. Continuous long term sound tests were
conducted using sound level analyzers which were installed at three (3) locations for this survey. The
long term tests measured and logged the sound level characteristics and the recorded the sound at
those locations for periods of time which ranged from about 3'/2 to 4'/2 days during the Ultra event.
The other type of tests were short term sound surveys at mobile locations at and around the 50
Biscayne Condominium. For those short term tests, a handheld sound analyzer was transported to
each of four (4) locations and mounted on a tripod. Sound test records at these location were made
for time periods which ranged from about 2 to 60 minutes.
The long term and short term sound survey test positions were selected at locations in the
50 Biscayne building near the Ultra event venue which fairly represent the baseline and event
sound with respect to nearby residences.
All of the test locations were on the east side of the building facing Bayfront Park, the venue for
the Ultra events.
Submitted into the public
The long term survey test positions were located as follows: record for item(s) REA
on 07/25/2019 City Clerk
L1. On the balcony of Unit 2802
L2. On the roof (55th floor)
L3. On the pool deck near the informal party room
Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062
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The long term survey test positions bracket the various levels in the building where residents live.
The pool deck on the 10th floor represents the residents on the lower levels just below and above that
height. The position on the Unit 2802 balcony represents the mid-level residents, and the roof
position represents the residents on the upper levels.
Submitted into the public
The short term survey test positions were located as follows: record for item(s) REA
on 07/25/2019 City Clerk
1. In the living / dining room of Unit 2802
2. In the Management offices of the building (Blanca's office)
3. In the Management offices of the building (Tish's office)
4. In the informal party room
All test locations directly faced the Ultra event venue. Short term Position 1 (Unit 2802 living /
dining room) and Position 4 (informal party room) were directly adjacent to the corresponding
long term survey locations, for a direct comparison between the outdoor and indoor noise
exposure from the Ultra event.
The microphone height at each test position was 5.3 feet. Photographs of the 50 Biscayne
building, showing its relation to the Bayfront Park site of the Ultra events, and of the test site and
survey positions are given in Figure 1.
The sound tests were conducted between the evening of Thursday, 22 March 2018 and the
morning of 27 March 2018.
The temperature at 4:12 pm, 23 March 2018 was 71 degrees F, with a relative humidity of 37%.
The wind was variable at 0 to 3 mph at each outdoor (long term test) microphone location. The
sky condition was partly cloudy.
The temperature at 12:55 pm, 24 March 2018 was 72 degrees F, with a relative humidity of 45%.
The sky condition was partly cloudy.
Temperatures at the indoor locations generally ranged from 71 to 80 degrees F.
Microphone windscreens were used to minimize the effects of wind on the test. Wind conditions
were monitored using an anemometer. The wind was calm or light, and within acceptable
speeds at the microphone locations during the test surveys.
The wind speed started to increase on 24 March, so two of the long term test monitors were
relocated to avoid the wind.
About 2 pm, 24 March long term test Monitor 1 on the Unit 2802 balcony was moved from the
balcony rail to a position closer to the wall. The wind speed at that time was about 4 to 7 mph
at the rail, and about 0 to 2 mph closer to the wall.
About 12 pm, 24 March long term test Monitor 3 on the pool deck balcony was moved from the
balcony rail on the northeast corner to a position closer to the east wall (Monitor 3A). The wind
speed at that time was about 8 to 11 mph at the rail, and about 1 to 4 mph closer to the wall.
Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062
BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 6
Long term test Monitor 2 on the roof remained at its position throughout the survey. The wind
speed at 3 pm, 24 March was about 1 to 5 mph at the microphone location.
The long term test field acoustic measurement systems were digital (Type 1) integrating logging
sound level analyzers (Rion NL -52). These systems had microphones which were mounted on
a tripod and wired to the sound analyzer placed in a weather tight, locked box. These systems
were used to record sound levels and the sound waveforms at the long term test positions.
The short term test field acoustic measurement system was a digital (Type 1) integrating
logging sound level analyzer (Norsonic Nor140). The hand-held analyzer system was mounted
on a tripod and was transported to each field survey test position in sequence. This system was
used to record the sound levels and the sound waveforms at the short term test positions.
The field acoustic measurement systems were calibrated with equipment directly traceable to
the U.S. National Institute for Standards and Technology (NIST). The nominal accuracy for
these measurement systems is ± 1.5 dB. Calibration certificates for these instruments are
available upon request. The acoustic measurement systems were field calibrated before and
after the sound test surveys to confirm accuracy and proper data acquisition. A listing of the test
instrument components is given in Table 1.
The acoustics measurement test protocol for the each instrument system was set to ANSI
standard A -weighting (human hearing) and Z -weighting (unweighted) for frequency, with slow
and fast time weighting. The short term test periods were about 2 to 60 minutes in duration.
The long term test periods were from about 3 '/2 to 4 '/z days in duration. The internal clock of
each analyzer was synchronized with the NIST atomic clock to within a tolerance of 1 second.
During these tests, the test instruments continuously recorded the sound level every second and
computed the energy average level. Also, the instrument stored statistical and spectral acoustic
parameters for the test period, updating those values every second.
During the sound test survey, observation logs and notes were written identifying test procedures
and also significant sound generating events and sources. Also, during this test survey, weather
conditions were documented and include: temperature, relative humidity, wind speed and
direction, and sky cover. Acoustical test equipment operating parameters were recorded by the
measurement systems.
Data analysis
in this analysis, measured sound levels are given in terms of standard decibels, or "dB". These sound
levels were both unweighted (linear) and also A -weighted. Sound level measurements which apply
A -weighting are designated by the symbol "dBA". A -weighting mimics human hearing and removes
much of the low frequency (bass) part of the sound signal. Further, sound temporal (time history),
statistical and spectral information were analyzed.
Submitted into the public
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on 07/22019 City Clerk
Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062
BAC PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Page 7
Time history analysis
Submitted into the public
record for item(s) REA
on _ 07/25/2019 , City Clerk .
Detailed sound test results for each baseline ambient sound survey are given in the form of a
Time History Chart, which shows the change in sound level over time for each test record.
Time history analysis of sound data can be very helpful for understanding the character of the
tested acoustical environment. Simply stated, the sound level time history indicates the sound
level that is measured at any given moment of time during the test period. In this analysis, the
sound time history for the test is represented by a chart showing how the measured sound levels
varied with time. A steady sound such as a constant fan will appear to be more of a flat line on
the chart, while variable sounds such as passing vehicles will appear as a series of peaks and
valleys on the chart.
Statistical analysis
Measured sound survey data are presented in terms of statistically derived sound level
parameters, in order to quantify the background sound level at the property.
For a particular test period, sound levels may fluctuate due to the variation of sound source
signals which are received at that location. In the case of these sound surveys, sound level
fluctuations occurred due to variations in the Ultra event music sources, and also during times
when the music was not present, to nearby or distant machinery, road traffic and aircraft.
Also, an analysis was conducted to provide statistically derived acoustic data quantities, in a
similar way for each short term test record. These statistical quantities are useful for
characterizing environmental sound in terms of its steadiness, or variation with time.
An example of a statistically derived quantity is the Loi level, also called the L1 level. This is the
sound pressure level that is exceeded 1 percent of the time over the duration of the data sample
period. The Lol level is defined as the intrusion sound level.
Another example of a statistically derived quantity is the Lso level, also called the L90 level. This
is the sound pressure level that is exceeded 90 percent of the time over the duration of the data
sample period. The Lso level is defined as the ambient background sound level.
Note that the L1 intrusion level represents the noise levels near the peaks, while the L90 background
level represents the sound levels near the valleys over the survey period.
Standard design criteria for outdoor entertainment facilities dictate that the noise intrusion on
communities be measured by the difference between the occasional noise interference level, which
occurs 1 percent of the time (1-1), and the background ambient sound level (1-90).
For the criteria of L1 minus L90, the following results may be expected:
L1 — L90 less than 5 dB: Facility rarely audible with minimal complaints.
L1 — L90 between 5 and 15 dB: Facility sometimes audible with significant complaints.
L1 — L90 greater than 15 dB: Facility generally audible with widespread complaints.
•• • •• • �• -•-IN'• 1.111 Pill• - 1.
BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound supve'y Page 8
These objectively defined criteria may be applied to the measured data to determine the intrusion of
the noise generated by the Ultra Event.
Spectral analysis — 1/3 Octave Bands
Included in this report are spectral sound data. These data are the result of a spectral analysis
of the measured sound. In this analysis, the measured sound of the test record is divided into
bands, known as 1/3 octave bands, which range from low frequency (bass) to high frequency
(treble) sounds. The sound levels associated with each of these frequency bands can be shown
on a spectrum chart ranging from low pitch on the left to high pitch on the right, similar to the
arrangement of a piano keyboard.
The Ultra Event music program material was rich in percussion and bass low frequency content.
Therefore, a spectral analysis is useful in identifying the low frequency content of the sound survey
test data.
Based on hearing science, music production practices and loudspeaker design standards, the range
of frequencies for bass content can be determined. For the purposes of this study analysis, the bass
content of each test record is defined as the sum of the sound energy in the 1/3 octave bands from
40 Hz to 125 Hz inclusive.
Further, the statistical criteria which determine the degree of noise intrusion (based on L1 — L90),
as described above, were applied to both the overall (A -weighted) sound level and to the low
frequency (bass) content of the sound from the Ultra Festival.
Sound survev anaivsis
The sound survey results are given by presenting the test data in the form of summary tables,
time history charts and spectral charts, which all include sound frequency and statistical
analyses of the data.
Test Summary Tables
A summary of the sound survey test data is given in Table 2. The sound level data are shown for
each test position, along with observations made during the test record.
The data for the short term test position is given in Table 2a. This table shows the L1 noise intrusion
levels for each test, which are characterized as the LA1, A -weighted intrusion level and the L1 -Bass,
bass content intrusion level.
During the Ultra event at 11:25 pm on 3/24 the sound levels for the test at Position 1, inside the Unit
2802 living / dining room, were measured. The background sound level was measured at 1:50 pm
on 3/23, before the event started that day.
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk ,
Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach. FL 33062
BAC PJ2018-1252-L01 — 50 Biscayne — Ultra sound survey Page 9
The bass content (L1 -Bass) sound level due to the Ultra event was 91 dB. This music level was
• Y
significantly higher than the L90 background bass content level, which was 48 dB. These data v
indicate that the bass intrusion at this location was extremely high at 43 dB.W �
7 d'I U
This bass content intrusion greatly exceeds the criteria of 15 dB, known to result in widespread
complaints. It also represents an over 150 fold increase in sound intensity in the bass frequency -+13
range above the background levels. This intrusion is like having a boom box car in your living room 1 v N
for the entire day and evening. a N
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The A -weighted overall intrusion level was 64 dBA — 32 dBA = 32 dB. This intrusion also greatly E o
exceeds the criteria of 15 dB, known to result in widespread complaints. N v o
Similar results are seen for the long term test locations on the Pool Deck, Position 3 (NE corner) and
Position 3A (E side). One hour averages were compared for this outdoor location. The Ultra event
sound levels were taken on 3/24 at from 11 pm to 12 midnight. The background sound levels were
taken after the event had closed on 3/26 during the same hour of the day. The Ultra bass sound
level was extremely high at 118 dB. The bass intrusion was 49 dB.
The A -weighted Ultra event sound level on the pool deck was 96 dBA. This is a level known to cause
hearing damage. The overall intrusion level was 96 dBA — 57 dBA = 39 dB. This intrusion also
greatly exceeds the criteria of 15 dB, known to result in widespread complaints. This intrusion is like
having a power saw operating in your living room for the entire day and evening.
Similar results are shown for the long term test locations, in Tables 2b, 2c and 2d.
The magnitude of the Ultra event music bass intrusion was very significant, from 40 to 49 dB.
The magnitude of the Ultra event music A -weighted intrusion level was also very significant,
from 31 to 42 dB.
The test results from these tests consistently show high levels of noise intrusion to the nearby
residents, which can "disturb the quiet, comfort or repose of persons in any dwelling".
Time history charts
Time history charts were analyzed. These charts show how the sound levels varied with each
moment in time over the noise survey test periods.
Unit 2802 balcony
The sound level time history charts are attached for long term survey tests conducted at Position 1,
located on the Unit 2802 balcony representing the residents on the mid-level floors. This chart
shows the bass content (40 to 125 Hz) which was measured, analyzed and recorded hourly. The
calculated statistical bass content levels are shown, including the L1 -Bass intrusion levels and the
L90 -Bass ambient background level. The L1 -Bass intrusion levels were calculated for each hour.
The L90 -Bass ambient level was calculated as an average of the measured L90 levels for the hours
when music was not playing.
Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062
BAC PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Page 10
The first chart shows the measured bass content data from 10 pm on Thursday, 3/22 to 2 pm on
v
Saturday, 3/24. The second chart shows the measured bass content data from 2 pm on Saturday,
3/24 to 10 am on Monday, 3/26.
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Note that when the music was being played at the Ultra event the measured L1 -Bass sound levels
are much higher than they are when there is no music. The lower levels represent the sound of road
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traffic and other activities in the area.
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The highest level L1 bass content on the Unit 2802 balcony caused by the Ultra event on Friday 3/23
was for the hour between 11 pm and 12 midnight, at 96 dB. This can be compared with the average
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L90 bass ambient background level of 64 dB. This constitutes an intrusion of 32 dB.
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The highest level L1 bass content on the Unit 2802 balcony caused by the Ultra event on Saturday
3/24 was for the hour between 5 pm and 6 pm, at 100 dB. The highest level L1 bass content caused
by the Ultra event on Sunday 3/25 was for the hour between 8 and 9 pm, at 104 dB. This can be
compared with the average L90 bass ambient background level of 65 dB. Note that the background
level is consistent between the days, within 1 dB. The intrusion of 104 dB compared to 65 dB
background constitutes an intrusion of 39 dB on the Unit 2802 balcony.
Similar results are shown for the A -weighted time history data for Unit 2802.
Roof
The sound level time history chart is attached for the long term survey tests conducted at Position 2,
located on the building roof and representing the residents on the upper floors. This chart shows the
measured bass content (40 to 125 Hz).
The highest level L1 bass content on the roof caused by the Ultra event was on Saturday 3/24 for
the hour between 10 pm and 11 pm, at 108 dB. This can be compared with the average L90 bass
ambient background level of 68 dB. The intrusion of 108 dB compared to 65 dB background
constitutes an intrusion of 43 dB.
Similar results are shown for the A -weighted time history data for the roof.
Pool Deck
The sound level time history charts are attached for long term survey tests conducted at Position 3,
located on the pool deck and representing the residents on the lower floors. This chart shows the
measured bass content (40 to 125 Hz).
The highest level L1 bass content on the pool deck caused by the Ultra event on Friday 3/23 was for
the hour between 10 and 11 pm, at 115 d6. This can be compared with the average L90 bass
ambient background level of 71 dB. This constitutes an intrusion of 44 dB.
The highest level L1 bass content on the pool deck caused by the Ultra event on Saturday 3/24 was
for the hours between 10 pm and 12 midnight, at 118 dB. The highest level L1 bass content caused
Brooks Acoustics Corporation 49 N. Federal Fin Pompano Beach, FL 33062
BAC PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Page
by the Ultra event on Sunday 3/25 was for the hour between 10 and 11 pm, also at 118 dB. This
can be compared with the average L90 bass ambient background level of 72 dB. The intrusion of
118 dB compared to 72 dB background constitutes an intrusion of 46 dB.
Similar results are shown for the A -weighted time history data for the pool deck.
These time history data confirm the statistical analyses of the test records shown in the summary
tables, discussed above. A trend is noted that the closer the test location is to ground level, the higher
the measured sound data.
Spectrum charts
Spectral analyses were conducted for selected test records taken during this sound survey, to
illustrate the dominance of the bass heavy Ultra event music on the test data.
Spectral analysis results — inside the building
A comparison was made of the measured sound levels, both with and without the Ultra Festival
operating, at the test location inside the 50 Biscayne building in the Unit 2802 living room and dining
room area.
The sound comparison is shown graphically in spectrum Comparison Chart 1, attached.
Note on the spectrum comparison chart that the solid red line representing the Ultra intrusion sound
levels, was significantly higher than the dotted green line representing the background sound levels.
Importantly, the low frequency (bass) sound levels of the Ultra event were the highest levels that
were measured.
The bass content 1 -1 -Bass Ultra music level was 91 dB. This music level was significantly higher
than the L90 background bass content level, which was 48 dB. These data indicate that the bass
intrusion at this location was extremely high at 43 dB.
This bass content intrusion greatly exceeds the criteria of 15 dB, known to result in widespread
complaints. It also represents an over 150 fold increase in sound intensity in the bass frequency
range above the background levels.
The A -weighted overall intrusion level was 64 dBA — 32 dBA = 32 dB. This intrusion also greatly
exceeds the criteria of 15 dB, known to result in widespread complaints.
Furthermore, these high sound levels inside a residence are very likely to cause negative health
effects, including at the least sleep deprivation and potentially cardio -vascular events and other stress
induced damage. (See References 1, 4 & 5 above)
Submitted into the public
record for item(s) REA
on 07/25/2019 . City Clerk
Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062
BAC PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Pae 12
Spectral analysis results — outside the building
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An analysis of sound levels at an outdoor survey location, the Pool Deck, was done both with and
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without the Ultra Festival operating.
The sound comparison is shown graphically in spectrum Comparison Chart 2, attached.
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Again, the solid red line on the chart representing the Ultra intrusion sound levels, was significantlyo
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higher than the dotted green line representing the background sound levels.
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The measured low frequency (bass) sound levels of the Ultra event were extremely high. It is seen
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that the intrusions caused by the Ultra Festival outside are as much, or more than the intrusions at
the indoor locations.
The bass content L1 -Bass Ultra music level was 118 dB. This music level was considerably higher
than the L90 background bass content level at that same time of day, which was 69 dB. These data
indicate that the bass intrusion at this location was extremely high at 49 dB.
This bass content intrusion outside also greatly exceeds the criteria of 15 dB, known to result in
widespread complaints. It represents almost a 300 fold increase in sound intensity in the bass
frequency range above the background levels.
The A -weighted overall intrusion level was 96 dBA — 57 dBA = 39 dB. This intrusion also greatly
exceeds the criteria of 15 dB, known to result in widespread complaints.
Negative health effects and vibration damage
Hearing damage
The US Centers for Disease Control (CDC) through the National Institute for Occupational Safety
and Health (NIOSH) has developed standards for limiting noise exposure that can cause hearing
damage. The NIOSH recommended exposure limit (REL) for occupational noise exposure is 85
decibels, A -weighted, as an 8 -hour time -weighted average [85 dBA as an 8 -hr TWA]. 3
It is well known that hearing damage is a cumulative effect that occurs for exposure to high sound
levels over a period of time. The level of the sound exposure is related to the amount of time before
damage occurs. The higher the level, the shorter the time before damage. According to NIOSH, the
amount of time is cut in half for every 3 dB increase in sound level.
Measured time weighted averages for 8 hour periods during which the Ultra music was operating are
summarized in Table 3.
Time weighted averages were measured on the Unit 2802 balcony for 8 hour periods during which
the Ultra music was operating. The measured 8 -hour time -weighted -average (8 -hr TWA) on the Unit
2802 balcony for Friday 3/23 was 88.4 dBA. This exceeds the recommended hearing protection limit
Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062
BAC PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Page 13
by 3 dB. This means that a person on the balcony will receive the maximum noise dose in a period
of 4 hours, after which hearing damage can occur.
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The measured 8 -hour time -weighted -average (8 -hr TWA) on the Unit 2802 balcony for Saturday 3/24
was 91.5 dBA. This exceeds the recommended hearing protection limit by 6 dB. This means that a
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person on the balcony will receive the maximum noise dose in a period of 2 hours, after which hearing
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can occur.
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The measured 8 -hour time -weighted -average (8 -hr TWA) on the Unit 2802 balcony for Sunday 3/25
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was 93.1 dBA. This exceeds the recommended hearing protection limit by over 8 dB. This means
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that a person on the balcony will receive the maximum noise dose in a period of a little over 1 % hour,
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after which hearing damage can occur.
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Similar results were found at the other test locations.
With regard to negative health outcomes, the Ultra event sound levels are consistently higher than
the WHO recommended guidelines for adverse health effects. As the TWA data above indicate, the
sound levels at all common element and private property outdoor locations in 50 Biscayne building
are well above the WHO 70 dBA threshold.
Vibration damage
During the short term sound tests, the noise induced vibration of windows and blinds and other
building features such as light fixtures caused rattling to be noticeable.
A comparison with criteria developed by NASA for the potential damage to housing structures due to
rocket takeoffs show that the Ultra event can cause levels of noise which exceed the NASA
guidelines. This noise induced vibration, can not only be annoying, but can also can cause minor
building damage.
The comparison between Ultra event test data measured on the pool deck and the NASA noise
induced vibration criteria is shown in Comparison Graph 3, attached. The L1 sound level significantly
exceeds the NASA criteria for noise induced floor vibration. A high level of noise energy is needed
to move housing floor elements, and the Ultra event noise exceeds those levels.
According to the NASA criteria, these high levels of noise are likely to vibrate nearby buildings,
causing minor damage to the fixtures, finishes and possibly the structure. This was confirmed by
observations in the building that it was perceptibly vibrating during the Ultra event.
Comparison with sound level standards
Standard community noise guidelines state that daytime noise levels should not exceed 55 dBA
and that nighttime noise levels should not exceed 45 dBA for resident comfort. Exceeding these
levels will likely induce annoyance in the majority of people.
Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062
BAC PJ2018-1252-L01 - 50 Biscayne - Ultra sound survey Page 14
The noise levels from the Ultra events greatly exceed these annoyance guidelines, by as much as
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50 dBA at night. This ensures that the nearby population will be highly annoyed by the Ultra event.
The standard design criteria for outdoor entertainment facilities dictate that the noise intrusion
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on communities be measured by the difference between the occasional noise interference level,
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which occurs 1 percent of the time (1-1), and the background ambient sound level (1-90).
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For the criteria of L1 minus L90, the following results may be expected:
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L1 - L90 less than 5 dB: Facility rarely audible with minimal complaints.
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L1 - L90 between 5 and 15 dB: Facility sometimes audible with significant complaints.
L1 - L90 greater than 15 dB: Facility generally audible with widespread complaints.
The differences between the Ultra event L1 A -weighted noise levels and the background sound
levels are as high as 42 dBA. Therefore, the Ultra event noise levels significantly exceeded
the background sound levels, by much more than 15 dB, and would be expected to be deeply
intrusive and generate widespread complaints.
The measured bass content in the Ultra event noise (1-1) ranging from 96 to 118 dB significantly
exceeded the background sound levels, by almost 50 dB.
The sound level data for the inside of a resident unit show similar high noise intrusion exceedance
levels as were measured on the unit balcony.
A similar example of this type of inappropriate, out of context intrusion would be running a power saw
and a boom box car simultaneously in the living room or bedroom of one's home continuously.
Based on this objective analysis the event noise would be expected to be deeply intrusive and
generate widespread complaints, with a major negative impact on the surrounding community.
A comparison of the sound levels emitted by the Ultra events with standard hearing conservation
criteria show that the Ultra sound levels are dangerous and can damage hearing. Time weighted
average (8 -hr TWA) levels are in the 93 dBA range on the pool deck and resident balconies. At this
level hearing damage can occur after exposure to the noise for about 1 % hours.
These test results show that the sound levels produced by the Ultra event are high enough and
persist long enough to cause hearing damage for residents located at the Associations common
elements, including the pool deck and on private property at the 50 Biscayne Condominium.
These high measured sound levels consistently exceed the WHO health criteria of 70 dBA, which
indicates the likelihood that the Ultra noise will produce other negative health effects, related to
hypertension and ischemic heart disease, among other adverse outcomes.
With regard to the NASA noise induced vibration criteria, the Ultra generated sound levels are
consistently higher than the levels which can cause vibration to occur in building floors. These high
levels of noise are likely to vibrate nearby buildings, causing minor damage to the fixtures, finishes
and possibly the structure.
Brooks Acoustics Corporation 49 N. Federal HM Pompano Beach, FL 33062
BAC PJ2018-1252-1-01 — 50 Biscayne — Ultra sound survey Page 15
Sound survey results summary
The sound survey results show that the sounds of musical devices at the Ultra Events significantly
intrude on the ambient background which otherwise exists at those residences.
Therefore, the Ultra event noise will disturb the peace, quiet and comfort of the neighboring
inhabitants in the nearby residential dwellings.
Importantly, the survey data demonstrated that the low frequency rhythmic bass and drum thumping
sounds generated by the Ultra event constitute a substantial intrusion which penetrates well
above the ambient background.
The disruptive nature of these significantly intrusive bass sounds are likely to be highly annoying
and can seriously degrade the quality of life for residents in the proximity of the Ultra Music Festival.
Negative health effects are likely outcomes for nearby residents of the Ultra events, based on an
evaluation of Ultra event sound levels, hearing damage criteria and other health criteria.
Finally, physical damage to nearby buildings can be caused by the noise induced vibrations
generated by the Ultra noise emissions.
Please contact me if you have any questions about these findings.
Very truly yours,
BROOKS ACOUSTICS CORPORATION
Bennett M. Brooks„ PE, FASA, INCE
President
Attachments
Z��co •'` 0 1-4'
9 N9. 17441 ; R
oS OtVAS. EaG\�`v
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk
Brooks Acoustics Corporation 49 N. Federal Hft Pompano Beach, FL 33062
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
BAC Project Letter LR2018-1252-1-01 Figure 1 front
Figure 1 - 1. View of 50 Biscayne Condominium building from Bayfront Park
amphitheater, one of the Ultra Music Festival stages.
Figure 1 - 2. View of 50 Biscayne Condominium building from bay, after festival
during removal of Ultra equipment, showing outside test locations.
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk .
BAC Project Letter LR2018-1252-L01 Figure 1 a,b
Figure 1, a. Long Term Test Position L1 - Unit 2802 balcony. Several Ultra
Music Festival stages visible in Bayfront Park.
1)
2)
Figure 1, b. Long Term Test Position L1 - Unit 2802 balcony. Microphone
mounted on tripod, with analyzer in locked box. 1) original position
2) modified position.
Submitted into the public
record for item(s) REA
on _ 07/25/2019. City Clerk .
2) modified position.
BAC Project Letter LR2018-1252-1-01 Figure 1 c,d
Figure 1, c. Short Term Test Position 1 - Unit 2802 dining room. Analyzer on
tripod. Long term monitor visible on balcony.
Figure 1, d. Short Term Test Position 1 - Unit 2802 dining room. Ultra Festival
main stage visible below.
Submitted into the public
record for item(s) REA
on 07/25/2019. City Clerk .
BAC Project Letter LR2018-1252-1-01 Figure 1 ej
Figure 1, e. Long Term Test Position L2 - building roof (55th floor).
Figure 1, f. Long Term Test Position L2 - building roof.
Submitted into the public
record for item(s) REA
on 07/25/2019 . City Clerk .
BAC Project Letter LR2018-1252-L01 Figure 1 g,h
Figure 1, g. Long Term Test Position L2 - building roof. View of Ultra main
stage and other stages. Afternoon performance lightly attended.
Figure 1, h. Long Term Test Position L2 - building roof. View of Ultra Festival
additional stages. Afternoon performance lightly attended.
Submitted into the public
record for item(s) REA
on 07/25/2019. City Clerk
BAC Project Letter LR2018-1252-1-01 Figure 1 i -j
V
Figure 1, i. Long Term Test Position L3 - Pool Deck (10th floor). Original
location at northeast corner. View of Ultra Festival additional
stages during set up.
Figure 1, j
Long Term Test Position L3A - Pool Deck (10th floor). Modified
location in middle of informal party room balcony.
Submitted into the public
record for items) REA
on 07/25/2019. City Clerk .
BAC Project Letter LR2018-1252-1-01 Figure 1 k,l
Figure 1, k. Short Term Test Position 4 - Informal party room (10th floor pool
deck). Analyzer on tripod. Long term monitor visible on balcony.
Ultra main stage visible.
Figure 1, I. Short Term Test Position 4 - Informal party room (10th floor pool
deck). Analyzer on tripod.
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk .
BAC Project Letter LR2018-1252-L01 Figure 1 m,n
Figure 1, m. View of Ultra Festival stages from Long Term Position L3 (Pool
Deck 10th floor). Evening performance heavily attended.
Figure 1, n. View of Ultra Festival stages from Long Term Position L3 (Pool
Deck 10th floor). Evening performance heavily attended.
BAC Project Letter PJ2018-1252-L 01 Table 1
50 Biscayne
Ultra Noise Survey
Miami, FL
Submitted into the public
record for item(s) REA
on 07/25/2019 . City Clerk
Table 1
ACOUSTIC INSTRUMENTATION SYSTEMS
Noise Survey — 22 to 27 March 2018
Data Acquisition Equipment
1. Norsonic Instruments - Digital Precision Sound Level Analyzer — Class 1
Model NOR140, S/N 1403462*
- Microphone - Model 1225, S/N 98505*
- Acoustical Calibrator - Model 1251, S/N 32064*
2. Rion - Digital Precision Sound Level Analyzer — Class 1
Model NL -52, S/N 00375623 [Position L1]*
- Microphone - Model UC -59, S/N 11098
- Preamplifier - Model NH -25, S/N 65750
- Digital Precision Sound Level Analyzer — Class 1
Model NL -52, S/N 00331834 [Position L2]*
- Microphone - Model UC -59, S/N 05046
- Preamplifier - Model NH -25, S/N 21785
- Digital Precision Sound Level Analyzer — Class 1
Model NL -52, S/N 00921170 [Position L3]*
- Microphone - Model UC -59, S/N 04202
- Preamplifier - Model NH -25, S/N 21212
- Digital Precision Sound Level Analyzer — Class 1
Model NL -52, S/N 00843243 [Position L3A]*
- Microphone - Model UC -59, S/N 06881
- Preamplifier - Model NH -25, S/N 43257
3. Extech Instruments - Mini Thermo -Anemometer — Model 45158, S/N 13260
Laboratory Playback and Analysis Equipment
1. Norsonic Instruments - NorXfer Analyzer Software, ver. 6.0
2. Lenovo - Computer workstation with USB & SD interfaces
3. Microsoft - Excel 2013 Spreadsheet Program
4. Brooks Acoustics - BAC Proprietary Data Analysis Software
*Note: Certificates of Calibration available upon request.
BAC Project Letter P
50 Biscayne
Ultra Noise Survey
Miami Beach, FL
18-12
Table 2a
Summary -- Measured Sound Data - 50 Biscayne Condominium
Ultra Event Noise Survey
22-27 March 2018
Short Term Test Periods
Test
Position Date Location Ll -Bass* Observations
1 3/24/2018 Unit 2802 dining / living room 91 Music at Ultra Events
Residence interior
Table 2a
Submitted into the public
record for item(s) RE -4
on 07/25/2019 . City Clerk
1 3/23/2018 Unit 2802 dining / living room LA90=32 LBass90=48 Ambient background sound
Residence interior Music shut down before event
3 3/24/2018 Pool deck 118 Music at Ultra Events
11:00 PM NE corner - outdoors
3A 3/26/2018 Pool deck LA90=57 LBass90=69 Ambient background sound
11:00 PM E side - outdoors Music shut down after event
Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels
Ambient background sound level applies L90 metric
BAC Project Letter PJ2018-1252-1-01
50 Biscayne
Ultra Noise Survey
Miami Beach, FL
Table 2b
Summary -- Measured Sound Data - 50 Biscayne Condominium
Ultra Event Noise Survey
22-27 March 2018
Long Term Test Periods
Test
Position Date Location L1 -Bass* Observations
L1 3/23/2018 Unit 2802 balcony 112 Music at Ultra Events
Residence balcony
L1 3/23/2018
Ll 3/24-26
L1 3/24-26
Unit 2802 balcony
Residence balcony
Unit 2802 balcony
Residence balcony
Unit 2802 balcony
Residence balcony
LA90=64 LBass90=68 Ambient background sound
Music shut down after event
114 Music at Ultra Events
LA90=65 LBass90=72 Ambient background sound
Music shut down after event
Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels
Ambient background sound level applies L90 metric
Table 2b
Submitted into the public
record for item(s) RE.4
on 07/25/2019 , City Clerk
BAC Project Letter PJ2018-1252-L01 Table 2c
50 Biscayne
Ultra Noise Survey Submitted into the public
Miami Beach, FL
Table 2c record for item(s) RE.4
on 07/25/2019 , City Clerk
Summary -- Measured Sound Data - 50 Biscayne Condominium
Ultra Event Noise Survey
22-27 March 2018
Long Term Test Periods
Test
Position Date Location Ll -Bass* Observations
L2 3/22-27 Roof 108
E side
L2 3/22-27 Roof LA90=62 LBass90=68
E side
Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels
Ambient background sound level applies L90 metric
Music at Ultra Events
Ambient background sound
Music shut down after event
BAC Project Letter PJ2018-12152-L01 Table 2d
50 Biscayne
Ultra Noise Survey Submitted into the public
Miami Beach, FL
Table 2d record for item(s) RE.4
on 07/25/2019 . City Clerk
Summary -- Measured Sound Data - 50 Biscayne Condominium
Ultra Event Noise Survey
22-27 March 2018
Long Term Test Periods
Test
Position Date
L3 3/23/2018
L3 3/23/2018
L3A 3/24-27
L3A 3/24-27
Location
Pooldeck
NE corner
Pooldeck
NE corner
Pooldeck
E side
Pooldeck
E side
L1 -Bass* Observations
115 Music at Ultra Events
LA90=63 LBass90=71 Ambient background sound
Music shut down after event
119 Music at Ultra Events
LA90=62 LBass90=72 Ambient background sound
Music shut down after event
Notes: L- Bass is sum of 40 to 125 Hz 1/3 Octave Band unweighted levels
Ambient background sound level applies L90 metric
BAC Project Letter PJ2018-1252-1-01
50 Biscayne
Ultra Noise Survey
Miami Beach, FL
Table 3
Summary -- Measured Sound Data - 50 Biscayne Condominium
Ultra Event Noise Survey hearing damage asessment
22-27 March 2018
8 -hour Time Weighted Average sound levels (LAeq 8 -hr TWA)
During Ultra Festival operation
3
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk
Test
Position
Date
Location
LAeq 8 -hr TWA
Exposure time before hearing damage
L1
3/23/2018
Unit 2802 balcony
88
4 hours
L1
3/24/2018
Unit 2802 balcony
91
2 hours
L1
3/25/2018
Unit 2802 balcony
93
1 hour 16 minutes
L2
3/23/2018
Roof
83
12 hours 42 minutes
L2
3/24/2018
Roof
85
8 hours
L2
3/25/2018
Roof
84
10 hours 5 minutes
L3
3/23/2018
Pool deck
89
3 hours 10 minutes
L3A
3/24/2018
Pool deck
93
1 hour 16 minutes
L3A
3/25/2018
Pool deck
93
1 hour 16 minutes
*Note - Per NIOSH criteria
50 Biscayne
Ultra Noise Survey
Miami, FL
120
110
100
Sound
Pressure
Level 90 _
L1 8 L90
Bass
(40-125 Hz)
80
in dB
re: 20 pPa
BAC Time
70
Ultra Music Festival Noise Survey
Residence Unit 2802 Balcony
Low Frequency (BASS) Sound Levels
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
Date: 22 Mar 18
Time: 10:00 PM
Position: L1
Nil
MMEMEMEM Music with
heavy bass
BASS SOUND LEVELS
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music is shut
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down
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LTH2O18-0322 Pos L1 L -bass (40 - 125
START TIME (data for following hour)
D
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50 Biscayne
Ultra Noise Survey
Miami, FL
120
110
100
Sound
Pressure
Level
L1 & L90
Bass
(40-125 Hz)
in dB
re: 20 NPa
Time
90
80
70
Ultra Music Festival Noise Survey
Residence Unit 2802 Balcony
Low Frequency (BASS) Sound Levels
Submitted into the public
record for item(s) REA
on 07/2S/2019 City Clerk
Date: 24 Marl 8
Time: 2:00 PM
Position: L1
log
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LTH2O18-0324 Pos L1 L -bass (40 - 125
START TIME (data for following hour)
D
0
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m
2
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50 Biscayne
Ultra Noise Survey
Miami, FL
110
100
90
A -weighted
Sound
Pressure 80
Level
1 8 L-4190
in d8 70
re: 20 NPa
60
Ultra Music Festival Noise Survey
Residence Unit 2802 Balcony
A -weighted Sound Levels
Submitted into the public
record for item(s) REA
on 07/25/2019 I City Clerk
Date: 22 Mar 18
Time: 10:00 PM
Position: L1
Ultra Music Festival
A -WEIGHTED SOUND - - Drop in music -
LEVELS sound levels
Music when music is
LAI shutdown
peak to baseline
= LA1 - LA90
TE
96 dBA - 64 dBA
= 32 decibels
T —T000,]
LA90 _
(no music)
Music off Music off
i
Fridayfi
Saturday
50
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VBAC Time History LTH2O18-0322 Pos L1 A -weighted levels.
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Submitted into the public
record for item(s) REA
on _ 07/25/2019 City Clerk
'
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50 Biscayne
Ultra Noise Survey
Miami, FL
110
100
90
A -weighted
Sound
Pressure 80
Level
LA1 & LA90
in dB 70
re: 20 NPa
60
50
BAC Time H
Ultra Music Festival Noise Survey
Roof - near center facing Bayfront Park
A -weighted Sound Levels
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
Date: 22 Mar 18
Time: 9:00 PM
Position: L2
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START TIME (data for following hour)
50 Biscayne
Ultra Noise Survey
Miami, FL
130
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in dB
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re: 20 NPa
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Ultra Music Festival Noise Survey
Pool Deck - E side middle of informal party room (10th floor)
Low Frequency (BASS) Sound Levels
Submitted into the public
record for items) RE.4
on 07/25/2019. City Clerk
Date: 24 Mar 18
Time: 12:00 PM
Position: L3 -A
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Ultra Noise Survey
Miami, FL
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re: 20 NPa
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Ultra Music Festival Noise Survey
Pool Deck - E side middle of informal party room (10th floor)
A -weighted Sound Levels
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk
Date: 24 Mar 18
Time: 12:00 PM
Position: L3 -A
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START TIME (data for following hour)
BAC Time History LTH2O18-0322 Pos L3A A -we
Submitted into the public
record for item(s) REA
on 07/25/2019. City Clerk
50 Biscayne Ultra Music Festival Sound Survey - Comparison
Ultra Noise Survey Ultra Event compared with background Da
Miami, FL Unit 2802 - Living / Dining Room Tin
Unit 2802 LA1 = 64 w/Ultra Positic
Unit 2802 LA90 = 32 Background
1
Unweighted
(linear)
L1 & L90
Sound
Pressure
Level
in dB
re: 20 NPa
00
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80
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60
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16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
1/3 Octave Band Center Frequency in Hertz
IBAC Graph 20180324 Comparison 1 L1 Intrusion & L90 B
Ultra Event
k= 90d at 40 Hz
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•
SOUTH FLORIDA ENT ASSOCIATES •c`�
Care Center 2
Lawrence Grobman, M.D. - Vijay Zaveri, M.D. - Abraham Jaguan, TO.D.
Eamon McLaughlin, M.D. - Ariel Grobman, M.D.
July 13, 2019 Submitted into the public
record for item(s) RE.4
on 07/25/2019 City Clerk
Hon. Mayor Francis Suarez and
City Commissioners Ken Russell,
Willy Gort, Keon Hardemon ,
Joe Carollo, and Manolo Reyes
3500 Pan American Way
Miami, Florida
Subject: Impact on Human Hearing of Noise Levels Identified in Brooks Acoustic
Corporation Sound Study of 2018 Ultra Music Festival
Dear Mr. Mayor and Commissioners:
I am a board-certified Otolaryngologist also known as an ENT specialist. I am a Miami
native, I trained at the University of Miami School of Medicine for nine years, and now practice
at Mercy Hospital. I care for many patients in our community with permanent hearing loss from
noise exposure. Noise -induced hearing loss can be devastating and change the course of peoples'
lives. I appeared before the City Commission on June 27, 2019, to present my opinion about the
effect of the noise that was documented in the Brooks Acoustic Corporation Sound Study of the
2018 Ultra Music Festival on human hearing.
I will be traveling on July 25, 2019, when I understand the Commission will consider the
possibility of entering into an agreement for Ultra to return to Bayfront Park. I am attaching a
transcript of my comments from the Commission meeting on June 27, which accurately reflect
my opinions at the time, and continues to reflect my opinions today. I request that this letter and
the attached statement be entered into the meeting record on July 25, and to be considered by the
Commission and the Mayor in your deliberations.
Thank you very much.
Respectfully,
Ariel B. Grobman, M.D.
3661 South Miami Avenue , Suite 409 v Miami, FL 33133 (305) 854-5971 Fax: (305) 858-6654
3800 Johnson Street Suite A ^ Hollywood, FL 33021 • (954) 961-8153 Fax: (954) 961-7159
8940 N. Kendall Dr.. Suite 504-E • Miami, FL 33176 (305) 595-6200 Fax: (305) 598-4071
Submitted into the public
record for item(s)_ REA
on 07,F25i2019 , City Clerk
Dr. Ariel Grobman Statement at June 27, 2019 Ciiy Con -mission Meeting
My name is Dr. Ariel Grobman. I am a board-certified Otolaryngologist, Ear Nose and
Throat specialist. I am University of Miami trained, and work at Mercy Hospital. I was asked
by the 50 Biscayne Condominium Association to review the sound study and shed some light on
the effects of the noise exposure from the Ultra Music Festival to the residents in the area.
That study was a very (scientifically) sound study, very well done, and there are a few
points I'd like to highlight about the correlation between the noise that is presented (from Ultra)
and potential harm to residents.
We (experts in hearing and noise induced hearing -loss) typically use the OSHA standard,
and the newer CDC standard, to delineate how long people can be exposed to loud noises, and
what level (in decibels), before permanent damage occurs. Throughout the (Ultra) weekend, not
only is the noise going up from Friday to Sunday, but there are certain areas in the building
where residents can only be present for about an hour before levels exceed those that can cause
temporary or permanent hearing loss.
**Of note, this applies to many areas in the building: balconies, the pool deck and the
rooftop
There's a typical high proportion of bass notes in electronic music, and these bass notes
will actually sensitize the ear and predispose it to more hearing loss from the remainder of the
music. So, having the bass going on all the time (aside from being extremely bothersome) will
predispose people in the building to even more hearing loss than would be expected.
From the sound study we saw that the music shut off was at 1 a.m. and was resumed
again as early as 8 or 9 am. That is certainly not enough time, (as evidenced both by human and
animal studies), to allow the inner ear to recover from the damage that happens from noise -
induced hearing loss. Noise damage leads to a build-up of "free radicals"... you may have
heard that term before— they accumulate in the ear (and cause irreversible cell damage), and 8
hours between noise exposures is just not enough time to allow someone's body to heal from
noise induced free radicals.
Finally, the people that are most predisposed to noise -induced hearing loss are people
with pre-existing hearing loss, the elderly, and people with diabetes. This group of people are
the most sensitive to damage from hearing loss to start with, and therefore have the most to lose.
They are taking a hit from all this music exposure (which can certainly lead to irreversible cell
damage and permanent inner ear dysfunction).
**Healthy people have a higher regenerative capability, but these at -risk populations are
very vulnerable to the type of noise exposure delivered by Ultra's overpowering speakers.
Thank you for your time.
submitted into the public
record for items) RE.4
on 07/25/2019 City Clerk
Promoter's Information Kit
BAYFRONT PARK
MANAGEMENT TRUST
Facilities:
Bayfront Park
Tina Hills Pavilion
Maurice A. Ferre Park
Bayfront Park Management Trust,
A limited agency of the City of Miami
301 N. Biscayne Boulevard
Miami, FL 33132
Phone: (305) 358-7550 / Fax: (305) 358-1211
www.bayfrontparkiami.com
Submitted into the public
record for items) REA
on 07/25/2019 City Clerk
TABLE OF CONTENTS
Letterto Promoters / Contact Information...........................................................pg. 2
BayfrontPark Management Trust Facilities.........................................................pg. 3
EstimatedExpenses....................................................................................pgs. 4-5
PaymentTerms and Damage Deposit..................................................................pg. 6
Sound Check / Curfew / Sound & Lights.............................................................pg. 7
Off -Duty Police and Fire Rescue Charges / Security............................................pgs. 8-9
Production Schedule / Vehicles — Parking / Cleaning.............................................pg. 10
InsuranceRequirements................................................................................pg. 11
Dispensing of Alcoholic & Non -Alcoholic Beverages..............................................pg. 12
TicketPolicy / Advertising.......................................................................pgs. 13-14
VendorRegulations.....................................................................................pg. 15
LETTER TO PROMOTERS
Dear Promoter:
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
Thank you for your interest in the Bayfront Park Management Trust (BPMT) facilities. Located on
beautiful Biscayne Bay in downtown Miami, Florida, our facilities are among South Florida's
premier outdoor special event and concert venues. With 53 acres of lush, bay front event space, we
are proud to host all types of events, ranging from private gatherings, to press conferences, to
concerts and festivals varying in size from 500 to 55,000 in attendance.
Please contact me after you have reviewed the "Promoter's Information Kit" so my staff and I can
help you plan your most successful event ever. Listed below, please find contact names and
information of the BPMT staff who will be vital to the planning and execution of your event. Please
review all of BPW s guidelines to avoid any misunderstandings in the future.
Thank you in advance for your interest. We look forward to working with you.
Sincerely,
'"" •
o Solano
Executive Director
Contact Information:
Bayfront Park Management Trust offices: 301 N. Biscayne Boulevard, Miami, FL 33132
Phone: 305-358-7550/ Fax: 305-358-1211
Executive Director — Jose Solano, e-mail: jsolan o(a)miamigov.com
Administrative Director— Valeria Sanchez, e-mail: v_sanchezgmiamigov.com
Marketing Director— Karina Mestre, e-mail: kmestre ,miamigov.com
Submitted into the public
record for items) REA
on _07/25/2019. City Clerk
BAYFRONT PARK MANAGEMENT TRUST FACILITIES
Bayfront Park Management Trust, a limited agency of the City of Miami, manages the following
facilities — all located on beautiful Biscayne Bay in downtown Miami, Florida.
Bayfront Park, a lush 32 -acre, subtropical park is the host site for many special events and
concerts. Bayfront Park fronts onto Biscayne Boulevard (Miami's "main street"), and is three
blocks from Interstate I-95. The park is easily accessible by Miami -Dade County public
transportation (Metrorail, Tri -Rail and Metrobus), and is located next door to Bayside
Marketplace — an open-air festival style mall that attracts 23 million people per year. Maximum
capacity of Bayfront Park, for gated events, ranges from 20,000 — 55,000 depending on the
event infrastructure. The most popular stage placements are on the Commissioner J.L.
Plummer Jr. Promenade and adjacent to the Biscayne Boulevard sidewalk. It is the policy of the
Bayfront Park Management Trust that for ticketed events held in the park's center, where live
music is the primary entertainment, attendance must be less than 2,000 or more than 8,000.
The Tina Hills Pavilion (capacity 1,000) is also located within the park and is available for
smaller concerts, receptions, corporate events and press conferences. The 1,000 capacity is
comprised of fixed seating for 100 and lawn seating for 800. The flexibility of the open-air
design allows for play toward the seats or away from the seats, facing Biscayne Bay.
Maurice A. Ferri Park (formerly known as Museum Park) is located on beautiful Biscayne
Bay, seven blocks north of Bayfront Park. Maurice A. Ferrel Park is a 21 acre upland and seven
acre water site. The park has undergone a major transformation. Two institutions, the Phillip and
Patricia Frost Museum of Science and the Perez Art Museum Miami have built their facilities
and the City of Miami has embarked on a renovation on the remaining 21 acres, to include a
baywalk and other waterfront amenities. Adjacent to the park's south side is the seven acre FEC
Slip. The seawall at this seven acre body of water was designed to host tall ships and other water
dependent events.
Unlike most outdoor facilities, the BPMT facilities are open 12 months per year. The beautiful
Miami weather, with an annual average temperature of 76 degrees Fahrenheit, allows for year-
round operation. The fact that Miami is a major market with over 2.7 million people in Miami -
Dade County completes the equation.
Bayfront Park Management Trust
Phone: 305-358-7550 / Fax: 305-358-1211
Bayfront Park: 301 N. Biscayne Boulevard, Miami, FL 33132 (also office address for Bayfront
Park Management Trust)
Maurice A. Ferrel Park: 1075 Biscayne Boulevard, Miami, FL 33132
3
ESTIMATED EXPENSES
Non-refundable deposit to hold date:
Damage Deposit:
Tina Hills Pavilion Rental:
Center of Bayfront Park Rental:
Rental includes:
Maurice A. Ferri Park Rental:
Rental includes:
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk
$6,500.00
$1,000.00-$10,000 (amount to be
determined by BPMT, based on event type)
$5,000.00 plus additional fees
$75,000.00 plus additional fees
Park Staff
$75,000.00 plus additional fees
Park Staff
Additional Fees for BPMT supplied items (based on event requirements):
Load-in/Load-out:
$5,000.00 per event day
Security:
see pages 8-9
Clean-up:
TBD (all events must use BPMT cleaning
contractor)
Tent Rental:
10 x 10 - $75.00, 10 x 20 - $125.00, 20 x 20
- $175.00 / additional sizes available — cost
to be determined
Beer / Alcohol Vending:
$400.00 per location
Soda / Beverage / Food Vending:
$100.00 per location
Arts / Merchandise / Sponsor Vending:
$75.00 per location
Light Pole Removal and Reinstallation
$300.00 per location
Bench Removal and Reinstallation
$250.00 per location
Garbage Can Removal and Reinstallation
$50.00 per location
Parking Crew
TBD
Electrician
TBD
Park Staff
TBD
City Required Items:
Police see page 8
Fire Rescue see page 8
Solid Waste TBD
-continue-
4
Submitted into the public
record for item(s) RE.4
on 07/25/2019 City Clerk
Ticket Surcharge On All Ticketed Events:
Ticket price: $1.00 - $14.99:
$0.75 per ticket
Ticket price: $15.00 - $29.99:
$1.00 per ticket
Ticket price: $30.00 - $99.99:
$2.00 per ticket
Ticket price: $100.00 - $249.99:
$3.00 per ticket
Ticket price: $250.00 - $499.99:
$5.00 per ticket
Ticket price: $500.00 - $999.99:
$10.00 per ticket
Ticket price: $1,000 & up:
$12.00 per ticket
The ticket surcharge is collected throughout the event.
Guaranteed Ticket Surcharge:
As stated on Bayfront Park's Special Event Application, it is the policy of the Bayfront Park
Management Trust that for ticketed events held in the park's center, where live music is the
primary entertainment, attendance must be less than 2,000 or more than 8,000. The TRUST will
collect, pre -event, a non-refundable, guaranteed ticket surcharge of $16,000 (8,000 x $2.00 ticket
surcharge). Ticket Sales above 8,000 will be subject to the ticket surcharge and collection
procedure stated above.
Still Shoots & Film Rates: negotiable
The State of Florida Department of Revenue has determined that some fees paid to Bayfront
Park Management Trust must include a 7% sales tax. Those fees include facility rental, clean-up,
tent rental, beer/alcohol vending, soda/beverage/food vending, arts/merchandise vending, and
solid waste disposal.
Facility capacities are listed on page 3 — Bayfront Park Management Trust Operated Facilities.
Bayfront Park Management Trust Rental Fees Are Negotiable
PAYMENT TERMS AND DAMAGE DEPOSIT
PAYMENT TERMS
A non-refundable deposit is required to reserve a date. Bayfront Park Management Trust
(BPMT) maintains the right to change or cancel said event date with written notification to the
promoter. Once BPMT is in receipt of deposit, the event date can be changed once without
penalty. BPMT must be notified, in writing, of said date change 60 days prior to the original
date held. Failure to abide by terms will result in the forfeiture of deposit. if the event does not
take place during the 12 months following the original date held, this will also result in forfeiture
of the deposit.
BPMT expressly reserves the right to require all promoters and organizations to pay for all
estimated expenses, as well as the City of Miami required services, prior to event load -in.
Payment must be remitted no later than seven (7) business days prior to event load -in, in the
form of a cashier's check, certified check, or money order payable to Bayfront Park Management
Trust.
A rental fee will be charged for load -in and load -out days, as well as the actual event day.
The promoter is responsible for all costs associated with the event and for all costs associated
with returning the facility to its original condition.
Bayfront Park Management Trust does not settle the final cost of an event on the night of
the event.
CONDITION OF PREMISES / DAMAGE DEPOSIT
BPMT expressly reserves the right to collect a damage deposit for all events and to set the
amount of that deposit on a show -by -show basis. BPMT will survey the property for damages
within five (5) business days after event and if damage is found, BPMT will advise the promoter
of any additional charges.
0
Submitted into the public
record for item(s) REA
on 07/25/2019 . City Clerk
Submitted into the public
record for item(s) REA
on 07/25/2019 , City Clerk
SOUND CHECK
Monday — Thursday 5:00 p.m. —9:00 p.m.
Friday, Saturday, Sunday & Holidays 9:00 a.m. —9:00 p.m.
During sound check or events, the sound level shall not exceed the following measures:
• 100 dBa measured 60 feet from the first stage;
• 95 dBA measured 60 feet from the second and third stages
• 75 dBA measured 60 feet from any additional amplified sound sources
Failure to cure each incident of sound level non-compliance within five (5) minutes of
notification by Trust designee may result in a fee of $1,000.00 per incident. In addition, BPMT
reserves the right to end all show activity. The utilization of sound equipment outside authorized
sound check and event times is prohibited.:'on-compliance may.result In a fee of $1,000.00 per
minute. No amplification equipment shall be operated in the parks within 60 yards of Bayfront
Park's west and south boundaries, and within 60 yards of Maurice A. Ferre Park's west
bvui
u1`1 14
CURFEW
There shall be no activity that is plainly audible from 100 feet away, including events,
construction and truck movement, at BPMT facilities during the following times:
Sun -Thu: from 10:00 p.m. until 7:00 a.m. the following day.
Fri, Sat and days immediately preceding a Federal holiday: from 11:00 p.m. until 7:00 a.m. the
following day.
New ear's Eve exception: cur '1C;w will start at 2:00 a.m. on January 1.
BPMT reserves the right to end all show activity.
A time overage penalty fee of $1,000.00 for every minute, beyond contracted end time will
apply. Penalty fees may be waived by management due to special circumstances and in instances
in which the promoter rectifies the surpassed curfew within 15 minutes of contracted end time.
The penalty fee is in addition to actual costs, for which the user shall be responsible for payment.
SOUND AND LIGHTS
The promoter is responsible for supplying all sound and light equipment necessary for their
show.
*BPMT may waive requirements of promoter's kit event policies by a 4/5t' vote of BPMT board
members.
Submitted into the public
record for item(s) REA
on 07/!5/2019 City Clerk
OFF-DUTY POLICE AND FIRE RESCUE CHARGES*
The Bayfront Park Management Trust Event Coordinator is to be contacted prior to any
direct contact with either the City of Miami Police or Fire Rescue Departments.
Police:
Captain: $48.00 per hour
Lieutenant: $44.00 per hour
Sergeant: $40.00 per hour
Officer: $36.00 per hour
Surcharge: $4.00 per hour, per officer (regardless of rank)
City of Miami Police report one half-hour prior to the opening of gates and they stay one half-
hour after the last performer. There is a 3 hour minimum requirement for all police personnel.
Between midnight and 7:00am, the fee is an additional $1.00 per hour.
City of Miami Police Department — Special Events: 305-579-6440
Fire Rescue:
Fire Rescue Unit: $208.83 per hour
Fire Inspector: $65.77 per hour
Assembly Permit: $104.00
Foot Patrol Units: $150.02 per hour
Event Commanders: $84.25 per hour
Communications Operator: $65.77
Communications Supervisor: $77.29
The Fire Rescue Unit and the Fire Inspector report one hour prior to the opening of gates. The
Fire Rescue Unit remains for forty-five minutes after the last performer and the Fire Inspector
leaves after the last performer.
City of Miami Fire Rescue Department — Special Events: 305-416-1721
*All rates are subject to change.
8
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
Security*
Bayfront Park Management Trust expressly reserves the right to determine, in conjunction with
the City of Miami Police Department, all private security requirements for all events. Promoter
may, at his or her discretion and subject to BPMT approval, utilize a separate security firm over
and above the requirements placed by BPMT, providing that the firm is licensed by the City of
Miami and has valid insurance approved by the City of Miami Insurance Manager. Bayfront
Park Management Trust and the City of Miami must be named as "additional insured" on said
policy.
Personnel requirements:
Bayfront Park — TBD based on event infrastructure and needs
Maurice A. Ferrel Park - TBD based on event infrastructure and needs
*All security personnel are in addition to Police and Fire personnel.
BPMT Required Security Charges:
Security personnel: $17.50 per hour
Supervisor: $17.50 per hour
Event Manager: $19.50 per hour
All security personnel work a minimum of 5 hours. Holidays are subject to overtime wages.
Additional security needs (i.e. equipment such as metal detectors, etc....) can be met.
Please contact the Bayfront Park Management Trust Event Coordinator regarding all security
requirements. The promoter is responsible for all costs related to security.
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
PRODUCTION SCHEDULE
A written production schedule, outlining all details for your event, must be submitted to the
BPMT Event Coordinator no later than seven working days prior to the event. The schedule
should include all times for set-up, the actual event, and tear -down.
For example:
9 am - 11 am: sound set up
I 1 am - 1 pm: sound check
1 pm - 3 pm: name of performer
4 pm - 6 pm: name of performer
6 pm - 9 pm: fireworks and laser light show
9 pm - 1 I pm: removal of sound equipment
The production schedule is essential to the Bayfront Park Management Trust so the staff is able
to schedule the appropriate number of personnel. Failure to comply with this requirement will
result in the cancellation of your event.
Parking / Vehicles
There is very limited parking for vehicles related to the production of shows. BPMT will
determine all parking availability and issue all necessary parking passes to promoter. No
other passes will be accepted. All vehicles, including those with a BPMT pass, will be stopped
by parking crew.
There are to be no vehicles parked in the public area of the event. All unauthorized vehicles will
be removed at the vehicle owner's expense.
Additional Parking Needs: Miami Parking Authority — 305-373-6789
Cleaning
All events must use the BPMT cleaning contractor. BPMT expressly reserves the right to
determine cleaning requirements for all events.
BPMT assumes no responsibility whatsoever for any person or property that enters the premises
as a result of or in connection with the event, including items left behind.
10
INSURANCE REQUIREMENTS
Promoter must obtain and maintain in force, for the length of the rental agreement (including load -in
and load -out times), General Liability Insurance on a Comprehensive General Liability Form or an
equivalent Policy Form in the amount of $1 million (or coverage deemed acceptable by the City of
Miami Insurance Director) for bodily injury and property damage liability.
If the promoter is granted the right to serve alcohol, the promoter must obtain third party liquor
liability coverage for a minimum of $1 million. The City of Miami and Bayfront Park Management
Trust expressly reserve the right to set the limits of the third party insurance coverage on a show -by -
show basis.
BAYFRONT PARK MANAGEMENT TRUST is to be listed as the certificate holder of the
insurance policy and in addition, The CITY OF MIAMI and BAYFRONT PARK
MANAGEMENT TRUST are to be named "Additional Insured" on all policies.
Promoter shall furnish the appropriate insurance certificates, as deemed acceptable by the City of
Miami Risk Management Administrator, to BPMT no later than 10 business days prior to the
commencement of set-up for the stated event.
Any questions regarding insurance should be directed to Jose Gell, of the Bayfront Park
Management Trust staff, at 305-358-7550.
11
Submitted into the public
record for item(s) REA
on _07/25/20.19 , City Clerk
DISPENSING OF ALCOHOLIC AND NON-ALCOHOLIC BEVERAGES
Bayfront Park Management Trust reserves the right to restrict alcohol sales in all BPMT operated
facilities. If BPMT so chooses, it may allow alcohol sales on a show -by -show basis. Fees for such
rights are determined by BPMT and are outlined on page 5 (Estimated Expenses). Bayfront Park
Management Trust reserves the right to designate the location of all alcohol vending stations.
• All beverages sold or given away must be vended in paper or plastic containers. No
glass bottles or metal cans are allowed to be dispensed.
• No more than two alcoholic beverages, at one time, may be sold to an individual.
• Alcohol sales must cease 1 hour prior to the end of the event.
A liquor permit must be provided to BPMT before the event.
The promoter is responsible for obtaining all applicable alcoholic beverage permits from the State of
Florida Alcohol & Beverage Department of Business Regulation — 305-470-6787. In order to obtain
a liquor permit, the User must follow the guidelines set forth by the State of Florida. Those steps
include:
• Providing BPMT with General Liability and Liquor insurance, whereupon BPMT will
provide a zoning letter
• Zoning approval
• Department of Revenue approval
• Obtaining license from Department of ATB
All taxes, related to the sale of alcoholic beverages, are the responsibility of the promoter.
ALCOHOL WRIST BAND POLICY
All promoters vending alcoholic beverages in BPMT operated facilities will be required to use
wristbands to identify consumers of legal age. Failure to comply with this rule, whether by the
promoter or their representative, may result in the immediate cancellation of alcohol sales.
Promoter is required to provide wristbands. If promoter fails to provide wristbands, the bands
will have to be purchased from BPMT at a cost of 10 cents per wristband.
12
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
Submitted into the public
record for item(s)_ REE
on 07/25/2019 , City Clerk .
TICKET POLICY / ADVERTISING
All tickets must identify the proper venue name and address:
Bayfront Park — 301. N Biscayne Blvd., Miami, FL
Maurice A. Ferris Park — 1075 Biscayne Blvd., Miami, FL
Ticket Surcharge: On all Bayfront Park Management Trust facility ticketed events
Ticket price: $1.00 - $14.99:
$0.75 per ticket
Ticket price: $15.00 - $29.99:
$1.00 per ticket
Ticket price: $30.00 - $99.99:
$2.00 per ticket
Ticket price: $100.00 - $249.99:
$3.00 per ticket
Ticket price: $250.00 - $499.99:
$5.00 per ticket
Ticket price: $500.00 - $999.99:
$10.00 per ticket
Ticket price: $1,000 & up:
$12.00 per ticket
The ticket surcharge is collected throughout the event.
Guaranteed Ticket Surcharge:
As stated on Bayfront Park's Special Event Application, it is the policy of the Bayfront Park
Management Trust that for ticketed events held in the park's center, where live music is the
primary entertainment, attendance must be less than 2,000 or more than 8,000. The TRUST will
collect, pre -event, a non-refundable, guaranteed ticket surcharge of $16,000 (8,000 x $2.00 ticket
surcharge). Ticket Sales above 8,000 will be subject to the ticket surcharge and collection
procedure stated above.
Complimentary Tickets
The promoter shall have the right to distribute 200 complimentary tickets. Those tickets are not
subject to ticket surcharge. Any additional complimentary tickets will be assessed at face value
and are subject to ticket surcharge.
Ticket Manifest
Without exception, all promoters of paid, ticketed events must submit a valid ticket manifest two
(2) business days prior to event load -in. the BPMT Box Office Auditor will report compliance
or lack thereof to BPMT executive staff, prior to the gates being opened on the day of the event.
A valid ticket manifest must:
• State the number and color of each ticket printed at each price category;
• State the name of the event; and,
• State the name of the printing company and be signed by a manager of the printing
company
Failure to provide a valid ticket manifest may result in a non-compliance fee as outlined below.
The fee will be assessed on all tickets counted by BPMT, including complimentary tickets.
1,000 to 9,999 tickets - $1,000.00 non-compliance fee
10,000 to 19,999 tickets - $2,000.00 non-compliance fee
20,000+ tickets - $3,000 non-compliance fee
13
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
Ultra 2018 Hourly db readings for Friday 3-23-2018
Time
Main Stage
Carl Cox
Live
Radio
Worldwide
Arcadia
Burning man
12:00pm
1:00 PM
2:00pm
3:00pm
4:00pm
102.3
101.2
102.3
102.5
100.7
99.7
98.3
5:00pm
101.9
101.5
101.9
103.1
99.8
98.8
98.7
6:00pm
102.2
102.1
102.2
102.9
100.8
99.1
98.6
7:00pm
102.1
101.1
102.1
102.1
101.4
99.2
99.3
8:00pm
102
102.2
102
103
102.2
99.5
100
9:00pm
102.5
102
102.5
103.1
102
100
100.2
10:00pm
103
102.8
103
103.6
103
101.6
101.1
11:00pm
103.5
103.9
103.5
104.1
103.6
102
102.1
Submitted into the public
record for item(s) REA
on 07/25/2019 City Clerk
Ultra 2018 Hourly db readings for Saturday 3-24-2018
Time
Main Stage
Carl Cox
Live
Radio
Worldwide
Arcadia
Burning man
12:00pm
96.6
89
N/A
N/A
100.3
81.6
98.9
1:00 PM
95.2
92.6
89.6
N/A
102.5
81.8
99.3
2:00pm
97.1
93
90.7
82
102.7
82.5
99.9
3:00pm
100.2
96.1
96.1
99.2
98.6
82.9
101.3
4:00pm
101.4
98.6
98.2
100.7
99.7
90.7
97.2
5:00pm
102.6
100.2
100.9
101.2
101.8
101.9
96.9
6:00pm
102.7
101
101.4
101.3
102
101.8
99.6
7:00pm
101.5
101.5
102.6
102.2
102.4
102.1
102.2
8:00pm
102.1
102.2
103
102.1
102.9
102.6
102.5
9:00pm
103.5
102.7
103.1
102.3
103.1
103.1
102.7
10:00pm
103.9
102.9
103.2
102.4
103
102.9
103
11:00pm
105.3
102.7
103.2
102.9
102.9
103.5
103
Submitted into the public
record for items) REA
on 07/25/2019 City Clerk
Ultra 2018 Hourly db readings for Sunday 3-25-2018
Time
Main Stage
Carl Cox
Live
Radio
Worldwide
Arcadia
Burning man
12:00pm
99.8
100.2
N/A
N/A
98.1
97
N/A
1:00 PM
99.8
98.8
N/A
100.1
100.6
97.3
97.6
2:00pm
101.6
100.6
N/A
101.3
97.8
98.8
97.1
3:00pm
101.9
102.1
100.4
100.7
101.2
99.2
97.6
4:00pm
101.6
101.8
100.9
101.2
101.2
99.4
97.5
5:0Opm
102.1
102.3
101.1
101.9
101.8
99.8
98.6
6:00pm
102.6
101.6
101.7
102.7
101.9
100.2
98.8
7:00pm
102.4
101.3
102
102.8
102
101.7
99.1
8:00pm
103.8
101.9
103.1
104.1
102.5
103.5
99.6
9:00pm
103.2
102.2
102.9
102.8
102.5
101.9
100.2
10:00pm
102.7
101.7
102.7
102.9
102.7
102.3
100.7
11:00pm
104.8
102.6
102.5
102.7
103
101.9
101.1