HomeMy WebLinkAboutR-19-0480City of Miami
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Resolution: R-19-0480
File Number: 6877 Final Action Date: 11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE
PROHIBITIONS FOR MIAMI ART WEEK RELATED EVENTS PURSUANT TO
SECTIONS 36-4(A) AND (B) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATION OF RADIOS,
PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS,
ORCHESTRAS AND MUSICIANS—GENERALLY; EXEMPTION", AND
ALLOWING FOR AN EXTENSION OF ALCOHOL SALES UNTIL 5:00 A.M.
PURSUANT TO SECTION 4-3(B) OF THE CITY CODE, TITLED "HOURS
DURING WHICH SALES ALLOWED; PERMITS AND PUBLIC HEARING
REQUIRED", FOR THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT
DURING ART BASEL AND MIAMI ART WEEK OCCURRING FROM
DECEMBER 4, 2019 THROUGH DECEMBER 8, 2019.
WHEREAS, Section 36-4(a) of the Code of the City of Miami, Florida, as amended ("City
Code"), prohibits excessive noise or music audible at a distance of one hundred (100) feet from
a building, structure, or vehicle from where it is produced; and
WHEREAS, Section 36-4(b) of the City Code provides that the City Commission may
waive the provisions of Section 36-4(a) for special occasions by Resolution; and
WHEREAS, Section 4-3(b) of the City Code provides that the City Commission may
extend the hours of sale for any alcohol service establishment for consumption on or off the
premises for special occasions by Resolution; and
WHEREAS, Art Basel and Miami Art Week ("Events") are premiere art shows known
around the world, are held every year in South Florida, and are hereby determined to be special
occasions; and
WHEREAS, the Events will be held from December 4, 2019 through December 8, 2019;
and
WHEREAS, the Events will have large gatherings of persons and entertainment will be
provided; and
WHEREAS, the Events attract people from all over the world to view one -of -a -kind
artistic masterpieces and are forums to showcase local talent which benefit the residents of the
City of Miami ("City"); and
WHEREAS, pursuant to Section 2-33(e) of the City Code, the City Commission
unanimously deems this Resolution to be of an emergency nature in order to immediately
protect the public health, welfare, and safety of the City's residents;
City of Miami Page 1 of 2 File ID: 6877 (Revision:) Printed On: 12/16/2019
File ID: 6877
Enactment Number: R-19-0480
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 if fully set forth in this Section.
Section 2. The noise prohibition contained in Section 36-4(a) of the City Code is waived
pursuant to Section 36-4(b) of the City Code, titled "Operation of radios, phonographs or other
sound -making devices; bands, orchestras and musicians—Generally; exemption," for the Events
in the Wynwood Business Improvement District ("BID") to be held from December 4, 2019
through December 8, 2019.
Section 3. Alcohol sales are extended until 5:00 A.M. pursuant to Section 4-3(b) of the
City Code, titled "Hours during which Sales allowed; Permits and public hearing required," for
the Events in the Wynwood BID to be held from December 4, 2019 through December 8, 2019.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
i ria i ndez, City ,yttor.iey �� 12/5/2019
' 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.
City of Miami Page 2 of 2 File ID: 6877 (Revision:) Printed on: 12/16/2019