The

f)

Miami

emitted

sounds

and

are

and

best measured

by

development patterns within

The

h)

restrictions

visitors

and

citizens

to

The

herein

established

in

and

to

Beach

Miami

rooms,

contained

provisions

express

Property

within

heard

attenuation

recommended

owners

in the

upon

of the

such

as

city

have

glass

the

themselves

and

of

all

excessive

residences and businesses.

herein

Beach.

and

and

minimal

safety and welfare

available

thickness

the

are

of Miami

sealing around windows

window

preserve

from

free

be

who desire to reduce the

premises

their

increasing

uni ts,

areas

rights

the

protecting

also

residents and visitors

j)

based

are

will

herein

contained

restrictions necessary to preserve the health,

of

frequency

Low

city, noise complaints received by

the

noise disturbances in their hotel

i)

traffic

C- scale.

communicate

while

businesses

operate

frequency

low

conditioners,

popular music.

of

use

air

of

many

expert technical advice.

individuals

of

rights

and

contains

ambient Noise levels measured in the

City departments,

complaints

use

of

style

restrictions

The

g)

widespread

the

composition

the

sounds

by

currently generated within the city of

municipalities

other

and

Beach

of sounds

type

levels of sound

many

air
other

methods

of

conditioning
methods

as

of Housing and Urban

by the united states Department

Development.

ReDeal of
2.

section
ChaDter

That

24

Miami

Beach

city

Code

Chapter

24,

entitled "Noises"

is
hereby

repealed.

section

That a new Miami

3.

entitled " Noise"

Code Chapter 24,

is

hereby

created
to

read

CHAPTER

as

24

fol ows:

NOISE l

Beach

City

4
24-

24245.
246.
Exemptions.

Measurement

8.

247.

Temporary

Procedures.
permits. Violators; presumptions Enforcement
24- 9.
of
violation. notice
Inspectors:
fines for violations. 24-10. Riqhts of violators:

Code

bY

civil

to

failure

appeal.

or to

11.

24-

of

Recovery

unpaid

fines: unpaid

and

Raucous

constitute

to

fines

24-1.Intent

Additional remedies: iniunction. Sec.

lien: foreclosure. 24-12.

Loud

Noise

disturbs

which

appeal:

fine.

civil

pay

to

riqht

fine:

of

pavment

comfort. health. peace, safety

the

and

welfare

a
of Persons within the City of Miami Beach constitutes
nuisance. The provisions
of

citizens

and

in

contained

herein

to be free from

visitors

their

same

the

phrases

and

the

preservinq

disturbances

riqhts

of

individuals

to

enqaqe in

lawful business
shall

activities.

Definitions. The
Sec.24- 2.

have

the

followinq

meanings

when

used

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

in

Noise

Residences. hotel rooms and Business Establishments

time

themselves. communicate. and

express

words

excessive

at

while

fol owing

will protect the riqhts

Use

profit

relatinq to
as

a qoal: provided. however.

term shall
not used

city Manager. The

not
for

employee

of

this

be construed to include any Residence whether or

profit. city.

city Manaqer of the

Inspector. An
duty

commerce. havinq

the

City

The

city

of Miami

Beach. Florida.

city of Miami Beach. Code

of

Miami

Beach

whose

Complainant.
in

interest

leqal

not

and

Sound

of

Pressure

threatened

damaqe

peril.

imminent

Level

Sound

continuous

or

period

specified

over a

performed

the

for

or

trauma

physical

purposes

for

existinq or

an

as

sampled

equivalent

the

of

particular

time

of

particular

per

work

alleviatinq

calculation

by

qenerated

the Receivinq

of

micronewtons

20

Any

by

caused

upon

pressure. which

reference

or

Is

Leq.

the maqnitude

of

Work.

EmergencY

preventinq

of

measurement

loqarithmic scale to

on

be

meter.

square

property

ratio

Chapter. shall

this

Sound heard

measure.

standard

to

purpose

unit of

the

10. of

base

requests

therefrom.

originatinq
A

with

Person

or

manaqer

Propertv who

is disturbed bv

Decibel ( dB).
the

lessee.

owner.

Receivinq

and

of Sound Level

Property

Any

varyinq

Noise

Source

by an inteqratinq

Sound
Meter.

Level

volume

its

of

the

iniures

and

Loud

to

heard

Sounds

Property

persons.

of

upon

Parade.

Chapter.

be

shall

term

the

Any

march

areas

of

or

procession

combination

limited

Residence

consistinq
thereof.

travelinq

Sound

limited

not

musical

beat

or

cadence.

Propertv

unambiquously

Person

to

communicated

or

any

to

agent
information

content

the

or
of

the

listener

includinq.

understandable words. comprehensible

Line. An

qround surface. and its

a

entity

Audible. The

is

but

leqal

individual.

Any

Person.

Plainl

employee thereof.

by

or

Beach. (

Miami

of

sensitive Areas. Those

partnership. association, other

corporation,

owned

city

or any

vehicles

city.

the

property

disturbs

where a Complainant is disturbed

Establishment

animals.

character

public way. within the territorial iurisdiction of

any

rhythms.

this

NoiseLine.)

Noise.

or

because

across

bY

the

within

in

or Business

which.

Sound

peace or safety of reasonable persons

comfort. health.

otherwise

specified

Noise. Any

duration

level.

of ordinary sensibilities
Unless

Raucous

imaqinary

line

alonq

the

vertical extension. which separates the real

from

that

owned

not includinq intra- buildinq real

bY

another

Person.

but

Residence

Receivinq Property.

oriqinatinq

not

Sound.

which

Business Establishment onto

or

is

Line.

Property

that

within

from

travelinq.

Residence.

Noise.

particle velocity

displacement.

characteristic of such Sound.

apartments.

rooms.

particle

stress.

pressure.

in

parameter.

other physical

or

description of Sound

The

medium with internal forces.

any

in

includinq

place,

townhomes,

and motel

oscillation

An

dwellinq

or

homes,

hotel

condominium dwellinq units.

Sound:

home

family

mul tiple

and

single

occupied

An

include

may

intensity and

includinq duration.

freauency.
Sound pressure measured in Decibels with

Sound Level.

C-

for

set

Meter

Level

Sound

weiqhtinq.

Sound

in

expressed

is

Level

dB ( C) .
An

Sound Level Meter.

air

in

detector.

inteqrator

networks used to
Sound

actual

as

instrument.
a

Sound Pressure

The

The

to

at

qiven

enerqy.

loudspeaker.

air conditioner

pump.

pressure

physical obiect from which Sound emanates.

limited

not

the

between

difference

barometric

of

and weiqhtinq

Leyels.

instantaneous

averaqe

RMS

amplifier.

output meter.

averaqer.

fluctuations

measures

microphone.

produced by Sound

Sound Source.

but

includes

time

measure

and the

space.

includinq

or

Pressure.

pressure

in

point

which

and

pressure

instrument which

or

Sound-

producinq

other piece of machinery

or

Person.

An

Special Event.
be

performed

activity of

has been

section

6.Use.
24-

or

structure or

or
carried

on

structure
for

land

to

intended

be

carried

or

violation

on

permitted
Any

may

or

occupied

or

24- 3

compliance with section

in

Chapter and which

to

temporary nature which cannot

this

of

pursuant

purpose

for

be

which
arranqed.

desiqned,

any

occupation. business.

on

in

land. violator. Person

of chapter 24 of

activity. or

buildinq

or

or

building

intended,

maintained

operation

other

entity

responsible

3.
24-

Sec.

Prohibited
shall

are

they

when

B.l The soundinq of

exclusive.namelY:

automobiles.

on

siqnal; the
any

unreasonable.

for

so

out

any street
while

bY

The

1Ql

Sound;

not

shall

enumeration

The

the

siqnal

device

device
danqer

of
such

any

of

soundinq

any

in

such

device

qratinq.

qrindinq.

session. or

adiacent

as

vehicle

to

create

or

rattlinq

of

creation

or

motorcycle

automobile.

manner

any

any school. institution

in

siqnal

and unreasonable period

or

loaded

so

to

adiacent

interferes with

of

as a

except

vehicles

such

and

of

use

iQl

unnecessary

Sound

on

learninq or court

of

any hospital. which

to

unreasonablY
its volume. duration and intensity

virtue of

signs

harsh

any

unnecessary

same are

the

of

repair.

and

Sounds.

other

means

an unnecessary

of

loud

by

or

time.

of

horn or

any

buses or other

motorcycles.

creation

lonq

section,

be

to

deemed

Establishments; but this

Business

this

inhabitants

of

comfort

and

peace

the

disturb

Loud

others

amona

of

violation

in

and Raucous

Loud

and

Residences
be

be

to

declared

Noises

followina

any

continued

or

Person

no

herein

permitted

made

be

The
city.

the

and Raucous Noise in

to

cause

or

continue

make

expresslY

as

Except

noises.

the

workinqs

such institutions. provided

of
that

are displayed indicatinq

there

is

school.

conspicuous

court

or

hospital on
street. iQl The keepinq of

said
causes,

or

frequent

Business

Sound

continued

long

any

animal or

which is

Establishment or Residence other

Plainl

than

which

bird

Audible

in

the one from which

the

or

Sound

oriqinates.

other

Persons

inside
which

the

source

Roman
offireworks.
signallinq

The
which

shoutinq. and cryinq

disturbs

Person

i9l

peddlers.

of

Residence or Business Establishment

other

hawkers.

normal

sensibil ties

than one from

Sound

oriqinates. ill The explosion

candles.

of

pinwheels

or

The

any

blowing

other

of

of

firecrackers. skyrockets.

form

steam. air

whistles.

or

other

air

open

except throuqh

motorboat enqine.

will

the

muffler

of

exhaust

the

of

any

motor vehicle

stationary internal combustion enqine.

steam enqine.
or

into

discharqe

The

lhl

other device which

or

effectivelY prevent loud and explosive Sound therefrom.

machine

factories.
enterprises.

a.m.

of

hours

the

1il

stationary

or

production

reproduction

or

amplifvinq

sound

loudspeaker.

Noise. music

movable,

that

produces

other

Sound. or

of Sound or the creation

voice

or

of

sets. musical instrument,

or

device

or

m. and

operation

or

use

receiver sets. television

phonoqraph.

p.

00

11:

The

industries

similar

other

and

shops

between

00

7:
any

dairies,

Noise caused bv the operation of bottlinq works,

ill

of

device,

or

machine

for the

devices

Sound

any

of

level

greater than the fo1lowinq

of

C-

Decibels

Week

Day

Sound Pressure Levels:

Time

12:

Fridav

Scale)

Mondav -

01

a.

01

a.

m. - 12:

00

midniqht

65

m.

00 a.
8:

8:
m.

and

Sunday

Saturday.

National

Holidav

75

00
m.8:
-

01
8:

a. m.

of

similar

which

the

in

instruments

public

operation

of

upon

area

the

is

located.

radios

or

public

or

located

tapeplavers

from

lot

ill

of

operation

The

or
hereby

city

the

in

or

devises

is

vehicles

of

and

regulated

a
3045. Fla. Stat..
316.

section
available

Source

soundmakinq

C
-

65 dB

of

line

property

Sound

or other mechanical

radios

The

Sound Pressure Level

the

at

machinery and eauipment

or

equipment. pump

which

nature

the

exceeds
scale

air-conditioninq. mechanical. ventilating. refriqeratinq

any

of

The

ikl

65 75
m.
00 a.
m. 2:
a.

operation

a.

2:01

or

street,

other

hiqhwav.

in

Clerk'

mechanical

soundmakinq

upon

by

which

is

of

building. sidewalk.

or

COPY

controlled

office.

devises

or

thorouqhfare

or

park.

public

1ml

access

instruments

in

other

area.

oriainatina

subparaaraph

this

that

Except

source.

Establishments

Business

from

to

property pursuant

apply

located

public

lease.

as described in the Sound Level

be

conducted

manufacturer'

Meter

to

instructions. iQl The Sound Level Meter shall conform

ANS-

for

will

sensitive

Noise-

distance

at

Property

the

outside

on the

taken

be

Receivina

from

iQ.l
1.

Type

Sl.4 ( 1983)

the

sounds

to

upon

Procedures. ill Sound Level measurements will

Measurement

measurements

not

4.
24-

Sec.

the specifications

shall

Area.

of

All

the

of

Sound

Pressure

which

buildina

six

Level

is

feet
6)
(

bedrooms. etc.. and in

i~

the

direction
Level

Sound

Pressure
of the predominate Noise Source.1Ql All Sound

measurement

for

particular

the

activity

an

obtain

to

conducted

be

will

averaae of the

takina

the

during

place

time

the Code Inspector operatina the Sound

of measurement ( Lea);

shall

take

over

measurements

the

time

base

Level

Meter

appropriate

to
the

used

Noise

at

Source and surroundina conditions. The C- Weiahted

all

fire

and

other

fireworks displays. Special

permit has

been obtained

hours
be

or

calls. iQ.l Radios. sirens.

warnina

horns

and

ated by police.
other Sounds crE~

bells and
foremeraency

be

Pressure Level measurements. Cries

Sound

and

assistance

will

times.

all

for

Scale

imposed

for

froIn
and

Events

accordance

as

conditions

the

issuance

of

response

vehicles.

Parades.

and other activities for which a

the

in

emeraency

ci

ty . wi

with

the

such

thin

restrictions

permit.

Activities

as

such
may

on

and

facilities

and

property

owned

publiclY

in

or

on

facilities. when such activities have been authorized by

the

properties

such

of

owners

facilities

their

or

publiclY owned properties

such

except where

aqents:

or

under private operation pursuant to

lease

are

concession

or

aqreement.

1. gl

of

Locomotives

i9lNoises

resultinq

Any

Noise

Emerqency

from

from

resultinq

permitted

vehicles

320.

amended.

railroad

as

section

24-

defined

in

duration

temporary

section

1989). as

Statutes (

Florida

of

activities

01.

aircraft.

and

equipment.

Work.lhl

pursuant to

Motor

ill

chimes

reliqious

other

other

and

and

bells

alarms.

burglar

and

or

churches

institutions.i1l

herein.

alarms

Fire

may

be

when operated and equipped in accordance with requirements

set forth

the

in

TemDorarv Dermits. 19l

Sec. 24-6.

Statutes.
his

period of time not

allow

to

community.

time

Such

for

this

Chapter.

or

a hiqhly

temporary

nature

with

complY

reasonable

alternative

or

to
permit

is

his

qranted

available

hereunder

has been qranted and

to

exceed

seven (

may

any
shall

to

shall

7) days. durinq

or Sound

produced

does

not

situations

this

conditions

specifY
which

applicant.

any

effect

all

chapter.

his

activity

upon

to

in

he

city

community.

manner

no
Manaqer

deems

the
which

if

The

upon

additional

Source is of

or

conditions

the

where

activity cannot be performed

prescribe

contain

modifY

to

when

of

in

qranted

the

adverse

welfare

or

with

comply

seven ( 7)

which

activity

effective

permit

temporary

3
24-

applicant

the

and the

desiqnee

minimize

be

issue

or

the activity

will

that

safety

health.

The city Manaqer or

exceeding

section

Use

may

relief

required

is

temporary

the

endanqer

siqnificantlY

by

prohibited

Noise

by

to

authorized

hereby

is

desiqnee

for
days

Florida

necessary

the

permit

a reasonable time period not

the

permit

shall

be

Events

Special

conduct

of

and

which

for

past

extend

interest and

wide

Parades
a).

be

must

Beach

havinq

shall

be

that

such
all

undertaken

This

Establishment.

any

business

to

steps

reasonable

purposes

upon

presumption

all

Sound

this

of

premises.

abate

shall

any

Chapter.

be

presumed

with

evidence

establishinq

such

that

This

violation.

If

Code

presumption

reasonable

Enforcement
24- 8.

Sec.

the complaint and

Inspector

a
the

The

notice

then

of

the

evidence

determine

amplified

producinq

Inspector

by

steps

control

sound

in

rebutted

Code

receives

abate

to

Insoectors:

notice

upon

the

of

from

complaint

he shall

investiqate

whether the violation exists. If the

observes a violation of this Chapter.

violation

producinq amplified

sound produced

be

can

Sound.

have

Chapter
Complainant reqardinq a violation of this

Code

be

has
Person( s)

all
unlawful

undertaken

Sound.

him.

performer

to

other Persons

him and by all

concert

from

unlawful

the

of.
and to be causinq or maintaininq. all amplified

bY

the license.

on

upon

rebutted

be

can

emanatinq

who

has
Person( s)

1Ql For
Sound

premise. however temporarilY.

and to
of.

control

s)

Person(

any

Chapter.

a business

maintaining.

or

Business

of

have

to

presumed

this

19l

oresumotions.

premises. and the business as named

said

causinq

establishinq

for manaqement

24- 7. violators:

Sec.

of

purposes

responsibility

on

Code.

city

For

present

the

of

Miami

set

procedures

to the

accordinq

only

permitted

benefit. 1Ql Notwithstandinq paraqraph (

public

Section 39-

in

is

any

within

for Special Events which are of community-

issued

forth

shall

additional temporary permits may

month period. except that

twelve ( 12)

be

24-3

section

location

particular

p.m.

11: 00

in

prohibitions

the

violate
issued

be

which

said

Inspector

shall issue

to

as provided in
violator( s)
notice shall

chapter

9B

inform the violatorls) of the

of
nature of

this

Code.

the

This Chapter shall not be construed to limit pursuit by

iQl
the

city

of

any

remedies available pursuant to Chapters

20 of the Miami Beach

city

Code

as

same may

and

be amended from time

time. Sec. 24-

to

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

review

and

evaluate

the effectiveness

ninety ( 90) days

from

the

date

of

passaqe.

the

clause

or

section

provision

Severability.
4.

this

of

of

this

If

Ordinance

held

is

any

ordinance

within

section, subsection,

invalid,

the

remainder

shall

not

be

affected by such
parts

Ordinances

in

be

invalidity.

Reoealer. That all

section 5.

conflict herewith

and the

same are hereby repealed. section

take

effect on

6.Effective

Date.

This

Ordinance

shall

the

5th

day
October

PASSED

ADOPTED
1991.

of

1991.
and

this
ATTEST:

CLERK 1st

reading 9/

CITY

912nd

11/
reading

9/

25/

Ordinances or

t~;~
I

1'
33139

1 1 q

ead

OFFICE OF

S.A,"
J VAeATlONLAND u.

THE CITY MANAGER

FLORIDA

CITY

HAL

DRIVE

1700 CONVENTION CENTER

TELEPHONE673: 7010

jCOM IS ON MEMORANDUM NO, ;<.

2;; 2

R e U
s c-,
J..
D DATE:

and

Members

1991
September 11,

SUBJECT: Mayor
Alex Daoud

the City CO~Carta Bernabei Talarico . City Manager NOISE ORDINANCE

TO:FROM: The City Administration has been developing a noise ordinance to be
wide basis for a temporary period and until
applied on a citysuch time as a comprehensive review of a city
planning and zoning principles
noise ordinance based upon appropriate

of

can

be recommended by the

attached ordinance
this item.

represents

Miami

Beach

Planning

Board. The

of the staff' s work on

the culmination

since May 1991, an ad hoc commit ee

by Commissioner William Shockett, has
a
develop
noise ordinance, chaired
to
ordinance
been meeting to develop
relating to noise. The
an
this
during
times
six
met
has
committee
periOd, including two evening meetings on
noise
various
when
Dri
Ocean
levels were sampled wi th the assistance
ve
retained by
was
who
engineer
a
sound
of
Ci ty of Miami Beach. During the meetings, various
reviewed in
ordinances, times, distances and decibel levels were
order to develop an ordinance acceptable to area
businesses and residents alike.participants in this meeting
Ocean
Drive
included
representatives of
businesses, representatives of residential

the

properties located on Ocean

residing within the Ocean Drive/
sound engineer has tested
S
Collins Avenue Area. Additionally, the City'
Collins Avenue area and
Drive/
noise levels in the Ocean
regarding the
findings
his
outlining
has prepared a report
Drive.
on
Ocean
from
emitting
of
types
establishments
noise
levels and
staff
City
with
engineer
has
the
Further,
worked
sound
to develop a decibel- based noise ordinance. Finally, the sound engineer has

and

Drive

and

recommended

Collins

tested

the City

Avenue,

and

decibel

levels

residents

to

be established

for

in

Drive,
on Ocean
City commission meeting
the
areas.
residential
At
suroundi gproperti s
1991, Commissioners reques' ted ' that an
of July 10,
receiving
the premises of the
prepared
which measures noise levels inside
ordinance be
the
property. After discussions wi th
ci ty'
this measurement technique was
it was determined that
s sound engineer,
pr
a
ct
i
c
al
and
not

order

measure their impact

to

and

other

50 decibels
decibel ratings, in the order of 45to strike a 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

required

significantly

in

lower

order

city-wide

basis

until

such

time as

the
planning

review

permane t

ordina ce

board may

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to
1 0 J j j The proposed ordinance presented
measured
as
decibels
68
of
level
a
decibel
establishes
the ci ty commission
properties
of
outside
the
on
dbC)
in the C scale (

receiving

weekdays (

Saturdays,

f!

midnight on

12 o'clock
hours of
on
00 A.M.
Monday - Friday) and after 2:

after

sound

the

holidays. At all other times,

recommends that sound not exceed 80 decibels.

Sundays and national

proposed noise ordinance

the
were
These hours
selected in order to balance the needs of
of businesses
the residents during sleeping hours with the needs

j;,"

conduct activities during peak business periods on Ocean Drive.

The ordinance also contains methods and procedures for measuring
t~
excessive noise
sound from a receiving property such that individuals who complain about
code
S
City'
the
would notify the city so that
enforcement officers could utilize a sound level meter to measure
receiving property.
the sound levels which are occurring at the
civil fines which escalate from
The ordinance also provides for
third
a
for
500
citation
$
100
for the first citation to
of the first citation,
days
occurring within 30
institution of proceedings
a hearing procedure requiring possible
as well as
of
certificate
a
to revoke an occupational license,revoke
establishment
any
against
nuisance
use, and/ or enjoin a
times
more
three or
within 30
violates

B
to

conduct
ev nts

that
may

not

the ordinance

which

days. Finally, the

provides for temporary

permits to

established in the ordinance. j I j l

1 j 1 i 1 It should be
1 A;
noted that this
ordinance is designed to provide acceptable levels
may be received by residential and/ or
which
of sound
properties within the city of Miami Beach. Presentations by
standards ~

achiev

ordinance

or

sound

commercial

existing

at
the public meetings and during
engineer
City staff indicate that these sound
with
review
discussions
if physical improvements are
levels may be adequately achieved only
the confines of
within
levels
sound
excessive
contain
made to
important to note that
is
it
Likewise,
sound.
property
the
creating
owners
noise attenuation available to property
there are numerous methods of
to reduce the levels of sound heard
who

the

sound

and

the

desire

within their premises. In the

highly desirable that new and

MXE

zoning

district, it

is

effect
residential properties utilize these noise attenuation methods to lessen the
is
It
1
properties.
1
c:~~
of sound received at these
ordinance and other design
recommended that the Planning Board review this
be required to ensure that future projects
and building elements that may
the City of
throughout
in MXE zoning districts, as well as
materials
with
and in such
Miami Beach, be constructed
the control, direction, and
for
allows
a manner that
and that residential
structures
wi
t
hi
n
limits
property
within
containment of noise
appropriate
and
MXE
built
structures
within

districts be
in such a manner as to provide a high
level of noise attenuation and sound absorbing materials. Administration Recommendation:
designed

It is recommended that
the attached

the

City

Commission approve

ordinance

and