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This is an overview of the 1991 performance based noise ordinance that Miami Beach tried to pass. We are not sure if Code Compliance ever owned a sound level meter. We are not sure what happened to this ordinance and why it was changed. The City of Miami Beach passed and adopted comprehensive amendments to its noise ordinance via Ordinance No.2006-3511 on March 8, 2006. See: DA MORTGAGE INC 136 v. CITY OF MIAMI BEACH.We found many projects which the Planning department have approved have resulted in a disaster. 5 a.m. rule.
Citation preview
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hereby repealed.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
Recommended