HomeMy WebLinkAboutOrdinance 2022-584ORDINANCE NO. 2022 - 6+
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING CHAPTER 193 "NOISE" OF THE CITY OF SUNNY ISLES BEACH
CODE OF ORDINANCES; PROVIDING FOR DEFINITION OF TERMS; PROVIDING
FOR ADDITIONAL STANDARDS OF SOUND MEASUREMENT; REPEALING THE
EXEMPTION FOR NOISE GENERATED WITHIN ANY EXISTING CONDOMINIUM;
PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 193 of the Code of Ordinances ("Code") for the City of Sunny Isles
Beach ("City") was adopted with the stated purpose of limiting excessive noise that interferes
with the comfortable enjoyment of life, property, recreation or conduct of business in the City;
and
WHEREAS, the City Commission has determined a need to more effectively control and
abate noise pollution throughout the City; and
WHEREAS, effectively controlling noise pollution and infractions of the City's existing
noise regulations has been a recurring issue for the City; and
WHEREAS, the creation of excessive noise is a condition which has existed for some time
and is a hazard to the public health, welfare and safety, and the quality of life for the residents
and visitors of the City; and
WHEREAS, the residents of the City have a right and should be insured an environment
free from excessive sound that may jeopardize their health or welfare; and
WHEREAS, the purpose of this Ordinance is to provide for an enforcement mechanism
which will include a "plainly audible" standard of sound measurement for violating noises; and
WHEREAS, this Ordinance shall promote and encourage the citizens and businesses of the
City to comply with the City's noise regulations as this Ordinance provides more clarity on the
regulated activity and violations; and
WHEREAS, it is not the intent of the City Commission to interfere unduly with freedoms
of speech, expression, or religion by enacting this Ordinance, and
WHEREAS, the City Commission believes the following amendments to the City's Code
are in the best interests of the health, safety, and welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AS FOLLOWS:'
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, and deletions are shown as `*"iketilFeUgh.
02022-584 Amend Noise Ordinance Page 1 of 6
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Amending Chapter 193 of the Code of Ordinances. Chapter 193 of the City Code
is hereby amended to read as follows:
Chapter 193 NOISE
ARTICLE I General Provisions
§ 193-1. Purpose and intent.
The purpose of this chapter is to limit excessive noise that interferes with the comfortable
enjoyment of life, property, recreation or conduct of business in the City.
§ 193-2. Definitions.
The following words, terms and phrases when used in this chapter shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
AMBIENT SOUND LEVEL means the summation of the sound from all of the discrete
sources affecting a given site at a given time, exclusive of extraneous sounds and those
from the source under investigation. The ambient sound level is synonymous with
background sound level. Ambient sounds are differentiated from extraneous sounds by
the fact that the former are of a more steady state, although they may not be continuous.
For purposes of this definition, the term "extraneous sound" means a sound of high
intensity and relatively short duration which is neither part of the ambient sound, nor
comes from the sound source under investigation.
AMPLIFIED SOUND — means the use of any loudspeaker, public address system,
amplifier, or any other device which electronically or mechanically augments the volume
of sound, including, by way of example, a radio, television set, electronic device,
phonograph, bullhorn, or musical instrument.
CITY MANAGER — The City Manager of the City of Sunny Isles Beach or designee.
CONSTRUCTION — Any site preparation, assemble, erection, substantial repair,
alteration, demolition, or similar action, or public or private rights-of-way, structures,
utilities or property.
CONSTRUCTION TOOLS AND EQUIPMENT — Includes but is not limited to: material
handling, earthmoving and digging equipment, power tools, generators, air compressors,
hand tools, and radios and other sound equipment used by workers on a building site.
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This definition does not include interior work within a structure which does not generate
excessive noise.
DAYLIGHT SAVING TIME — The time established by the federal government to make
better use of the daylight.
DEPARTMENT — The Code Enforcement and Licensing Department.
EMERGENCIES — Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage demanding immediate attention.
MECHANICAL EQUIPMENT — Includes but is not limited to, air -handler units, exhaust
fans, refrigeration equipment, pump stations and other sound equipment used in
buildings.
SPECIAL MAGISTRATE - A person appointed by the City Commission to adjudicate code
violations.
PLAINLY AUDIBLE — Means sounds or noise which can be measured or detected by the
human ear without the benefit of a hearing aid by a reasonable person of ordinary
sensibilities.
STANDARD TIME — The time established by the federal government for the calendar
months that are outside of daylight saving time.
VIOLATOR — A person or entity responsible for violation of the Code.
ARTICLE II Prohibited Noise
§ 193-3. Prohibited activities.
It shall be unlawful for anyone to create, operate or cause to be operated on private
property any source of sound in such a manner as to create a continuous airborne sound
which Lil exceeds 60 decibels [dB(A)I, of LL exceeds the ambient backgFeuRd ^^is^ sound
level, (iii) is plainly audible at a distance of 100 feet from the source of the noise, or (iv)
Mainly audible from any exterior edge of a building, structure or vehicle if the noise is
emanating from a building, structure or vehicle whieheveF 06 gFeateF, when me ed
f..,.,, the ,ffeGted , eal pFep ky "Re. Unlawful and excessive noise shall include, but is not
limited to, the following:
A. Radie ^^d- Music --al ^�*FtAFAeiq+s Amplified sound. The-playiegef aRy Fadie,
ith sueh velume, paFtffieul — hA,w; between !!..GO p.m. and 7-0-0-
a.m. er at anytime eF place so as to anney 9F diStHFI3 thequiet, ,....f,,.+E)FFepese „f
. e any effiee e in y .dwelli.,., hotel, ., eeF +ype ..f Fes.fJ. nGe ., of any peFsen
i htr th,
�^ *"p iri^i+; The making of amplified sound in such manner as to disturb the peace,
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quiet and comfort of the neighboring inhabitants with louder volume than is necessary
for convenient hearing for the person who is in the room, vehicle, chamber, or outdoor
private property in which such machine or device is operated and who are voluntary
listeners thereto. The making of any such sounds between the hours of 11:00 p.m. and
7:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the source
of the noise, or if the noise is emanating from a building, structure or vehicle, from any
exterior edge of that building, structure or vehicle, shall be prima facie evidence of a
violation of this section;
B. Animal and bird noises. The keeping of any animals or birds which by causing
frequent or long continued noise shall disturb the comfort of any person;
C. Whistle or siren. The blowing of any whistle or siren, except to give notice of the
time to begin or stop work or as a warning of fire or danger; '
D. Engine exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, or motor vehicle, except through a muffler
or other device which effectively prevents loud explosive noises therefrom.
E. Limitations on construction. As defined by Article III of this chapter.
F. Handling merchandise. The creating of a loud and excessive noise in connection
with loading and unloading any vehicle or the opening and destruction of bales, boxes,
crates and containers.
G. Devices that attract attention. The use of any drum, loudspeaker, amplifier or
other instrument or device for the purpose of attracting attention for any purpose.
W Noise A -r Sound amplifiGatien. ARy amplified seuRd, 9F uRnersessarily lewd neises
f. H. Sound trucks. To operate or cause to be operated a sound truck with radio or
amplifier within the City without first having obtained a permit from the City Commission.
4-1_ Mechanical equipment as defined above.
§ 193-4. Exemptions.
The terms and prohibitions of this chapter shall not be applied to or enforced against:
A. Any motor vehicle, boat or other vehicle of the City, the county or the state or
licensed public utility vehicle within the City while engaged in necessary emergency or
public business.
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B. Emergency work of public service utilities by or on behalf of the City, the county,
or the state, or performance of such work during the night if the public welfare and
convenience renders it impossible to perform such work during the day.
C. Noise generated for the purpose of alerting persons to the existence of an
emergency or noise generated in the performance of emergency work. Noise created by
mechanical ventilation systems with carbon monoxide monitors as approved by the City.
D. Routine landscaping and other yard maintenance activities. However, the
operation of landscaping equipment, including but not limited to lawn mowers, lawn
edgers, weed trimmers and blowers, is permitted during the following hours: 7:30 a.m.
to 8:00 p.m. Monday through Friday and Saturday between the hours of 9:00 a.m. and
8:00 p.m. Any debris from landscaping or lawn maintenance activities must be maintained
on the property from which it originated and not blown or otherwise left in the street or
any adjoining property. Any violation of this Section will be processed as a public nuisance
pursuant to Chapter 194.
Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the
same, are hereby repealed.
Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section S. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED AND ADOPTED on first reading this I 01day of May 2022.
PASSED AND ADOPTED on second reading this -day of June 2022.
Dana Robin Goldman, Mayor
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ATTEST' � APPROVED AS TO FORM
AND LEGAL SU CIENCY:
Maur cio Be anc r, CMC, City Clerk , Edward A. Dion, City At rney
First Reading _ Second Reading
l `--
Motion: Motion:_
Second:V-Ye'-f%%vB. uczut Second:
Vote on First Reading:
Mayor Goldman
4,Yes)
(No)
Vice Mayor Viscarra
4(Yes)
(No)
Commissioner JosephYes)
(No)
Commissioner Lama
�Yes)
(No)
Commissioner Stuyvesant
I/ (Yes)
(No)
Vote on Second Reading:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
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• FLn 5
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Dana Goldman, Mayor
DATE: June 16, 2022
RE: Ordinance Amending Chapter 193 "Noise" of the Code of Ordinances
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
The creation of excessive noise is a condition which has existed for some time and is a hazard to the
public health, welfare and safety, and the quality of life for the residents and visitors of the City.
Chapter 193 of the City's Code was adopted with the stated purpose of limiting excessive noise that
interferes with the comfortable enjoyment of life, property, recreation or conduct of business in the
City. At this point in time, there is a need to more effectively control and abate noise pollution
throughout the City. This Ordinance provides for an enforcement mechanism which will include a
"plainly audible" standard of sound measurement for violating noises. It promotes and encourages the
citizens and businesses of the City to comply with the City's noise regulations as this Ordinance
provides more clarity on the regulated activity and violations.
ADDITIONAL INFORMATION:
It is not the intent of the City Commission to interfere unduly with freedoms of speech, expression, or
religion by enacting this Ordinance.
ATTACHMENTS:
Ordinance
Item Number: 9.A
44