f) The type of sounds currently generated within the city of

Miami Beach and other municipalities contains many low frequency

sounds emitted by the widespread use of air conditioners, traffic

and the composition and style of popular music. Low frequency

sounds are best measured by use of a C- scale.

g) The restrictions established herein are based upon

development patterns within the city, noise complaints received by

City departments, ambient Noise levels measured in the areas of the

complaints and expert technical advice.

h) The restrictions contained herein will preserve the

rights of individuals to communicate and express themselves and

operate businesses while also protecting the rights of all

citizens and visitors in Miami Beach to be free from excessive

noise disturbances in their hotel rooms, residences and businesses.

i) The provisions contained herein are the minimal

restrictions necessary to preserve the health, safety and welfare

of residents and visitors in the city of Miami Beach.

j) Property owners who desire to reduce the levels of sound

heard within their premises have available many methods of

attenuation such as sealing around windows and air conditioning

units, increasing window glass thickness and other methods as

recommended by the united states Department of Housing and Urban

Development.

section 2. ReDeal of

ChaDter 24 That Miami Beach city Code Chapter 24,

entitled "Noises"

is

hereby repealed. section 3.That a new Miami Beach City

Code Chapter 24, entitled " Noise" is hereby

created

to

read

as

follows:

CHAPTER

24

NOISEl

24-4

24-

5.24-

6.24-

7.24- 8. MeasurementProcedures.

Exemptions. Temporary

permits. Violators; presumptions Enforcement

bY Code Inspectors: violation. notice of 24-9.

civil fines for violations. 24-10. Riqhts of violators:

pavment of fine: riqht to appeal: failure

to pay civil fine.

or to appeal.

24- 11.

Recovery of unpaid fines: unpaid fines to constitute a

lien: foreclosure. 24-12. Additional remedies: iniunction. Sec. 24-1. Intent Loud

and Raucous Noise

which disturbs the comfort. health. peace, safety and welfare

of Persons within the City of Miami Beach constitutesa

nuisance. The provisions contained herein will protect the riqhts

of citizens and visitors to be free from excessive Noise disturbances

in their Residences. hotel rooms and Business Establishments

while at

the same time preservinq the riqhts of individuals to

express themselves. communicate. and enqaqe in

lawful business activities. Sec. 24-2. Definitions. The

following words and phrases shall have the followinq meanings when used

in this Chapter: Business Establishment. A buildinq or structure occupied for

a Use relatinq to commerce. havinq

profit as a qoal: provided. however. this

term shall not be construed to include any Residence whether or

not used for profit.city. The city of Miami Beach. Florida.

city Manager. The city Manaqer of the city of Miami Beach. Code

Inspector. An employee of the City of Miami Beach whose

duty

Complainant. Any owner. lessee. manaqer or Person with a

leqal interest in a Receivinq Propertv who requests a measurement

of Sound Level and is disturbed bv a Sound heard upon the Receivinq

Property and not originatinq therefrom.

Decibel ( dB). A unit of measure. on a loqarithmic scale to

the base 10. of the ratio of the maqnitude ofa particular

Sound Pressure to a standard reference pressure. which for purposes

of this Chapter. shall be 20 micronewtons per

square meter. EmergencY Work. Any work performed for the

purpose of preventinq or alleviatinq physical trauma or

property damaqe threatened or caused by an existinq or

imminent peril. Leq. Is a calculation of the equivalent

continuous Sound Level qenerated by a particular varyinq Noise Source

over a specified period of time as sampled by an inteqratinq

Sound

Level Meter. Loud and Raucous Noise. Any Sound which. because

of its volume level. duration or character disturbs or

iniures the comfort. health. peace or safety of reasonable persons

of ordinary sensibilities within the city of Miami Beach. (

Unless specified otherwise in this Chapter. the term shall be limited

to Sounds heard across a

Property Line.)Noise- sensitive Areas. Those areas of a Residence

or Business Establishment where a Complainant is disturbed

bY Noise. Parade. Any march or procession consistinq

of persons. animals. vehicles or any combination thereof. travelinq

upon any public way. within the territorial iurisdiction of

the city. Person. Any individual.

corporation, partnership. association, other leqal entity or any agent or

employee thereof. Plainl y Audible. The information content of the

Sound is unambiquously communicated to the listener includinq.

but not limited to understandable words. comprehensible

musical rhythms. beat

or cadence. Propertv Line. An imaqinary line alonq the

qround surface. and its vertical extension. which separates the real

property owned by a Person from that owned bY another Person. but

not includinq intra- buildinq real

Receivinq Property. Residence or Business Establishment onto

which Sound. not oriqinatinq from within that Property Line. is

travelinq.

Residence. An occupied home or dwellinq place, includinq

single and multiple family homes, townhomes, apartments.

condominium dwellinq units. hotel and motel rooms.

Sound: Noise. An oscillation in pressure. stress. particle

displacement. particle velocity or other physical parameter. in a

medium with internal forces. The description of Sound may include

any characteristic of such Sound. includinq duration. intensity and

freauency.

Sound Level. Sound pressure measured in Decibels with a Sound

Level Meter set for C- weiqhtinq. Sound Level is expressed in

dB ( C) .

Sound Level Meter. An instrument which measures fluctuations

in air pressure and which includes a microphone. amplifier. RMS

detector. inteqrator or time averaqer. output meter. and weiqhtinq

networks used to measure Sound Pressure Leyels.

Sound Pressure. The instantaneous difference between the

actual pressure and the averaqe of barometric pressure at a qiven

point in space. as produced by Sound enerqy.

Sound Source. The physical obiect from which Sound emanates.

includinq but not limited to a loudspeaker. a Sound- producinq

instrument. a pump. air conditioner or other piece of machinery or

a Person.

Special Event. An activity of a temporary nature which cannot

be performed in compliance with section 24- 3 of this

Chapter and which has been permitted pursuant

to section 24-6.Use. Any purpose for which a building

or structure or land may be arranqed. desiqned, intended, maintained

or occupied or any occupation. business. activity. or operation

carried on or intended to be carried on ina buildinq or other

structure or on land. violator. Person or entity responsible

for a violation of chapter 24 of

Sec. 24-3.

Prohibited noises. Except as expresslY permitted herein no Person

shall make continue or cause to be made or continued any Loud

and Raucous Noise in the city. The followina Noises amona others

are declared to be Loud and Raucous in violation of this section,

when they disturb the peace and comfort of inhabitants of

Residences and Business Establishments; but this enumeration shall not

be deemed to be

exclusive. namelY: B.l The soundinq of any horn or siqnal device

on automobiles. motorcycles. buses or other vehicles except asa danqer

siqnal; the creation by means of any such siqnal device of

any unreasonable. lonq or harsh Sound; and the soundinq of any such device

for an unnecessary and unreasonable period

of time. 1Ql The use of any automobile. motorcycle or vehicle

so out of repair. so loaded or in such a manner as to create

loud and unnecessary qratinq. qrindinq. rattlinq or

other Sounds. iQl The creation of any unnecessary Sound on

any street adiacent to any school. institution of learninq or court

while the same are in session. or adiacent to any hospital. which

bY virtue of its volume. duration and intensity unreasonablY

interferes with the workinqs of such institutions. provided conspicuous

signs are displayed indicatinq that there is a school. court or

hospital on

said street. iQl The keepinq of any animal or bird which

causes, frequent or long continued Sound which is Plainl v Audible in

a Business Establishment or Residence other than the one from which

the

Sound oriqinates. The shoutinq. and cryinq of peddlers. hawkers.

or other Persons which disturbs a Person of normal sensibilities

inside a Residence or Business Establishment other than one from

which the Sound

source oriqinates.ill The explosion of firecrackers. skyrockets.

Roman candles. pinwheels or any other form

offireworks. i9l The blowing of steam. air whistles. or other

signallinq

lhl The discharqe into the open air of the exhaust of any

steam enqine. stationary internal combustion enqine. motor vehicle

or motorboat enqine. except throuqh a muffler or other device which

will effectivelY prevent loud and explosive Sound therefrom.

ill Noise caused bv the operation of bottlinq works, dairies,

factories. machine shops and other similar industries or

enterprises. between the hours of 11: 00 p. m. and

7: 00 a.m.1il The use or operation of

any receiver sets. television sets. musical instrument,

phonoqraph. loudspeaker. sound amplifvinq device or other machine or device,

stationary or movable, that produces Sound. or devices for the

production or reproduction of Sound or the creation of any Sound level of

Noise. music or voice greater than the fo1lowinq

Sound Pressure Levels: Day

ofWeek Time

Decibels C- Scale) Mondav - Fridav 12:

01 a. m. -

8:00 a.

m.8: 01 a. m. - 12:

00 midniqht 65 75

Saturday. Sunday and National Holidav 2:01 a.

m. - 8:00 a.m. 8:01

a.m. - 2:00a.m.65 75 ikl The

operation of any air-conditioninq. mechanical. ventilating. refriqeratinq equipment. pump or machinery and eauipment

of similar nature which

exceeds the Sound Pressure Level of 65 dB - C

scale at the property line of the lot from

which the Sound Source is located. ill The operation of

radios or other mechanical soundmakinq devises or

instruments in vehicles is hereby regulated and controlled by

section 316.3045. Fla. Stat.. a COPY of which is

available in the city Clerk' s office. 1ml

The operation of radios or tapeplavers or other mechanical soundmakinq devises or instruments in

or upon a public street, hiqhwav. building. sidewalk. park. thorouqhfare or other

public area or located in or upon a public access area.

source. Except that this subparaaraph shall not apply to sounds

oriainatina from Business Establishments located upon public

property pursuant to a lease.

Sec. 24-4.

Measurement Procedures. ill Sound Level measurements will be conducted

as described in the Sound Level Meter manufacturer'

s instructions. iQl The Sound Level Meter shall conformto

the specifications for ANS-

Sl.4 ( 1983) Type 1.iQ.l All Sound Pressure Level

measurements will be taken on the outside of the buildina which is

the Receivina Property at a distance of six (6) feet

from the Noise- sensitive Area. i~bedrooms. etc.. and in

the

direction of the predominate Noise Source.1Ql All Sound Pressure

Level measurement will be conducted to obtain an averaae of the

Sound for the particular activity takina place during the time

of measurement ( Lea); the Code Inspector operatina the Sound Level Meter

shall take the measurements over a time base appropriate

to

the Noise Source and surroundina conditions. The C- Weiahted Scale will be

used at all times.

for all Sound Pressure Level measurements. Cries

foremeraency

assistance and warnina calls. iQ.l Radios. sirens. horns and

bells and other Sounds crE~ated by police.

fire and other emeraency response vehicles. Parades.

fireworks displays. Special Events and other activities for which a

permit has been obtained froIn the ci ty . wi thin such

hours and in accordance with such restrictions as may

be imposed as conditions

for the issuance of the permit. Activities onor

facilities and on or in publiclY owned property and

facilities. when such activities have been authorized by

the owners of such properties or facilities or their

aqents: except where such publiclY owned properties are

under private operation pursuant to a lease or concession

aqreement.

1.gl Fire alarms and burglar alarms. bells and chimes

of churches or other reliqious

institutions.i1l Locomotives and other railroad equipment. and aircraft.

i9lNoises resultinq from Emerqency Work.lhl

Any Noise resultinq from activities of a temporary duration

permitted pursuant to section 24- 6

herein. ill Motor vehicles as defined in section

320. 01. Florida Statutes ( 1989). as may be

amended. when operated and equipped in accordance with requirements

set forth

in the Florida

Statutes. Sec. 24-6. TemDorarv Dermits. 19l The city Manaqer or

his desiqnee is hereby authorized to issue a temporary permit effective

fora period of time not exceeding seven (7)

days to allow Noise prohibited by section 24-3 when produced

by a temporary Use or activity which does not

siqnificantlY endanqer the health. safety or welfare of the

community. Such relief may be qranted in situations where additional

time is required for the applicant to modifY his activity to

complY with this Chapter. or the activity or Sound Source is of

a hiqhly temporary nature and the activity cannot be performed in a manner

that will comply with this chapter. or if no

reasonable alternative is available to the applicant. The city Manaqer

or his desiqnee may prescribe any conditions he deems necessary

to minimize any adverse effect upon the community. A

permit qranted hereunder shall contain all conditions upon which the permit

has been qranted and shall specifY a reasonable time period not

to exceed seven ( 7) days. durinq which the permit shall be

conduct of Special Events which extend past 11: 00 p.m.

and which violate the prohibitions in section 24-3 shall

be issued for a particular location within any

twelve (12) month period. except that additional temporary permits may

be issued for Special Events which are of community-

wide interest and public benefit.1Ql Notwithstandinq paraqraph (

a). Parades must be permitted only accordinq to the procedures set

forth in Section 39-

7 of the

Miami Beach city Code. Sec. 24-7. violators: oresumotions. 19l

For purposes of this Chapter. any Person( s)

havinq responsibility for manaqement of a business premise. however temporarilY. who

is present on said premises. and the business as named on the license.

shall be presumed to have control of. and to be

causinq or maintaining. all Sound emanatinq from the

Business Establishment. This presumption can be rebutted upon evidence

establishinq that such Person(s) has

undertaken all reasonable steps to abate the unlawful Sound.

1Ql For purposes of this Chapter. any performer producinq amplified

Sound upon any business premises. shall be presumed to have control

of. and to be causinq or maintaininq. all amplified sound produced

bY him and by all other Persons producinq amplified sound in

concert with him. This presumption can be rebutted upon

evidence establishinq that such Person(s) has

undertaken all reasonable steps to abate the

unlawful

Sound. Sec. 24-8.Enforcement by Code Insoectors: notice of

violation. If a Code Inspector receives a complaint from a

Complainant reqardinqa violation of this Chapter he shall investiqate

the complaint and determine whether the violation exists. If the

Code Inspector then observes a violation of this Chapter. said Inspector shall issue

a notice of violation to

the violator(s) as provided in chapter 9B of this Code.

The notice shall inform the violatorls) of the nature of the

iQl This Chapter shall not be construed to limit pursuit by

the city of any remedies available pursuant to Chapters 8 and

20 of the Miami Beach city Code as same may be amended from time

to time.Sec. 24-

13.Review of Ordinance. The Miami Beach city Commission shall

review and evaluate the effectiveness of this ordinance within

ninety ( 90) days from

the date

of the passaqe. section 4. Severability.If any section, subsection,

clause or provision of this Ordinance is held invalid, the remainder

shall

not be

affected by such invalidity. section5. Reoealer. That all Ordinances or

parts Ordinances in conflict herewith

be and the

same are hereby repealed. section 6. Effective Date. This Ordinance shall

take effect on the

5th

day ofOctober 1991.PASSED and

ADOPTED this

1991. ATTEST: CITY

CLERK 1st

reading 9/

11/912nd

reading9/ 25/

t~;~I

1d I

1'

ead

FLORIDA

33139 1 1 q

JVAeATlONLAND u. S. A,"OFFICE OF

THE CITY MANAGER

CITYHALL

1700 CONVENTION CENTER DRIVE TELEPHONE: 673- 7010 jCOMMISSION MEMORANDUM NO, ;<.

2;;2 -

9

JReU

J..sc-,D DATE:

September 11, 1991

SUBJECT: Mayor

Alex Daoud

and

Members

of theCity CO~Carta Bernabei Talarico . City Manager NOISE ORDINANCE

TO:FROM: The City Administration has been developinga noise ordinance to be

applied on a city-wide basis for a temporary period and until

such time as a comprehensive review ofa citynoise ordinance based upon appropriate planning and zoning principlescan be recommended by the Miami Beach Planning Board. The

attached ordinance represents the culmination of the staff' s work on

this item. since May 1991, an ad hoc committee

to developa noise ordinance, chaired by Commissioner William Shockett, has

been meeting to develop an ordinance relating to noise. The

committee has met six times during this periOd, including two evening meetings on

Ocean Dri ve when various noise levels were sampled wi th the assistance

of a sound engineer who was retained by

the Ci ty of Miami Beach. During the meetings, various

ordinances, times, distances and decibel levels were reviewed in

order to develop an ordinance acceptable to area

businesses and residents alike. participants in this meeting

included representatives of Ocean Drive businesses, representatives of residential

properties located on Ocean

Drive and Collins Avenue, and residents residing within the Ocean Drive/

Collins Avenue Area. Additionally, the City' S sound engineer has testednoise levels in the Ocean Drive/ Collins Avenue area and

has prepareda report outlining his findings regarding the

levels and types of noise emitting from establishments on Ocean Drive.

Further, the sound engineer has worked with City staff

to develop a decibel- based noise ordinance. Finally, the sound engineer has

recommended and tested decibel levels to be established for

the City in

order to measure their impact on Ocean Drive,

surroundingproperties and other residential areas. At the City commission meeting

of July 10, 1991, Commissioners reques'ted ' that an

ordinance be prepared which measures noise levels inside the premises of the receiving

property. After discussions wi th thecity' s sound engineer, it was determined that this measurement technique was

not practical and

required significantly lower decibel ratings, in the order of 45-50 decibels

in order to strikea balance. At present, due to

the complexity of the noise problem found on Ocean Drive, it

is recommended that the City commission establish a temporary ordinance effective on

a city-wide basis until such time as

theplanning board may

review

a permanent ordinance

i.v; D;l@\;i~:;;~;jiJ.~Mit~~~' k~~~~ft.J~.';1iG~:~: UYJf!.FiS~/:l7;/ 0H:I},;;::J.L~::)t!:Z:i~ii2wJ,(;ili,~,:,~".[f::.:, iiu;,;\t,;:;,r; t~;.1; 1l;Jj'~ i~~~z;&~~;'''~;'-''t'::.'~':i::~~<W..t;~ Jii.',,,,; 2ll',,,-",;''',",,

1 1,'<

1

f!

i

gj;,"

B

10Jj j The proposed ordinance presentedto

the ci ty commission establishes a decibel level of 68 decibels as measured

in the C scale (dbC) on the outside of properties

receiving sound after the hours of 12 o'clock midnight on

weekdays ( Monday - Friday) and after2:00 A.M.on

Saturdays, Sundays and national holidays. At all other times,

the proposed noise ordinance recommends that sound not exceed 80 decibels.

These hours were selected in order to balance the needsof

the residents during sleeping hours with the needs of businesses

to conduct activities during peak business periods on Ocean Drive.t~The ordinance also contains methods and procedures for measuringsound froma receiving property such that individuals who complain about excessive noise

would notify the city so that the City' S code

enforcement officers could utilize a sound level meter to measurethe sound levels which are occurring at the receiving property.

The ordinance also provides for civil fines which escalate from100 for the first citation to $500 for a third citation

occurring within 30 days of the first citation,

as well as a hearing procedure requiring possible institution of proceedingsto revoke an occupational license, revoke a certificate of

use, and/ or enjoin a nuisance against any establishment

which violates the ordinance three or more times within 30

days. Finally, the ordinance provides for temporary permits to

conductevents

that

may

not

achieve

the

standards ~ or sound established in the ordinance. jI jl1A;1j1 i 1 It should be

noted that this ordinance is designed to provide acceptable levels

of sound which may be received by residential and/or

commercial properties within the city of Miami Beach. Presentations by

the sound engineer at the public meetings and during

discussions and review with City staff indicate that these sound

levels may be adequately achieved only if physical improvements aremade to contain excessive sound levels within the confines of

the property creating sound. Likewise, it is important to note that

there are numerous methods of noise attenuation available to property owners

who desire to reduce the levels of sound heardwithin their premises. In the MXE zoning district, it is

highly desirable that new and

existing

residential properties utilize these noise attenuation methods to lessen the effect

of sound received at these properties. c:~~11 It is

recommended that the Planning Board review this ordinance and other designand building elements that may be required to ensure that future projects

in MXE zoning districts, as well as throughout the City of

Miami Beach, be constructed with materials and in such

a manner that allows for the control, direction, andcontainment of noise within property limits and within appropriate structures and that residential

structures built within MXE

districtsbe

designed in such a manner as to provide a high

level of noise attenuation and sound absorbing materials. Administration Recommendation:It is recommended that the City Commission approve

the attached ordinance

and