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HomeMy WebLinkAboutAgenda Item Cover Pagevy OF,yt' AGENDA ITEM COVER PAGE °.... °....° File ID: #6752 t Resolution Sponsored bv: Commissioner Keon Hardemon, Commissioner Manolo Reves A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS OF SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATIONS OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION," AND RELAXING THE REQUIREMENTS OF SECTION 36-5(A) OF THE CITY CODE, TITLED "SAME - HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," FOR ART BASEL RELATED EVENTS TO BE HELD AT LEMON CITY STUDIOS LOCATED AT 261 NORTHEAST 73 STREET, MIAMI, FLORIDA FROM DECEMBER 5, 2019 THROUGH DECEMBER 8, 2019. City of Miami City Hall Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-19-0473 File Number: 6752 Final Action Date:11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE NOISE PROHIBITIONS OF SECTION 36-4(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "OPERATIONS OF RADIOS, PHONOGRAPHS OR OTHER SOUND -MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY; EXEMPTION," AND RELAXING THE REQUIREMENTS OF SECTION 36-5(A) OF THE CITY CODE, TITLED "SAME - HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY -OWNED PROPERTY; RELAXATION," FOR ART BASEL RELATED EVENTS TO BE HELD AT LEMON CITY STUDIOS LOCATED AT 261 NORTHEAST 73 STREET, MIAMI, FLORIDA FROM DECEMBER 5, 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 36-5(a) of the City Code prohibits excessive noise or audible music to be heard outside a closed building which disturbs the quiet, comfort, and repose of persons in any dwelling, hotel, or other type of residence between the hours of 11:00 p.m. and 7:00 a.m.; and WHEREAS, Section 36-5(c) of the City Code provides that the City Commission may relax the time restrictions contained in Section 36-5(a) or declare them inapplicable on special occasions by Resolution; and WHEREAS, Art Basel is a modern and contemporary art show held annually with events occurring all over South Florida, including events in the Lemon City area, from December 5, 2019 through December 8, 2019; and WHEREAS, Art Basel attracts visitors from all over the world to the City of Miami ("City") and provides a stage upon which to showcase world-renowned artists, which is a benefit to the residents and businesses of the City; 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 prohibitions contained in Section 36-4(a) of the City Code are waived pursuant to Section 36-4(b) of the City Code for Art Basel related events to be held at the Lemon City Studios located at 261 Northeast 73 Street, Miami, Florida ("Property") from December 5, 2019 through December 8, 2019. Section 3. The noise restrictions contained in Section 36-5(a) of the City Code are relaxed pursuant to Section 36-5(c) of the City Code for Art Basel related events to be held at the Property from December 5, 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 ' nd" ez, City Attortey 11/6/2019 1 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.