Title 36 · Chapter 36 - NOISE

Operation of radios, phonographs, or other sound-making devices; bands, orchestras, and musicians—Generally; exemption

Section: 36-4

(a)

It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter.

(b)

It shall be unlawful for any person owning, occupying, or having charge of any business, including but not limited to an entertainment establishment, alcohol service establishment, food service establishment, etc., or any part thereof, that shares a property line with any property that has a residential use as defined by Article 1 of the Miami 21 Code to cause or suffer to cause the playing or operating of any such noise or such similar music of the following, which is not an exhaustive list: music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound-making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians on or about the premises in any of its outdoor spaces between the hours of 10:00 p.m. and 8:00 a.m. the following day. The playing or operating of any noise or such similar music, including but not limited to music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound-making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians between the hours of 10:00 p.m. and 8:00 a.m. in such manner shall be prima facie evidence of a violation of this section.

(c)

All of the above and foregoing shall not apply to city-sponsored activities and events held in or upon any city-owned facility or city-owned property.

(1)

The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them inapplicable on special occasions by resolution.

(2)

The above exemption shall not apply to tenants of city-owned property or facilities, such tenants shall be required to seek a waiver pursuant to subsection 36-4(c)(1) of the City Code.

(d)

Any establishment operating a sound making device shall be exempted from subsection (b) if said establishment had an approval prior to the adoption of this section; is operating completely within a structure; is located within the Downtown Development Authority, Omni Redevelopment Area, Coconut Grove Business Improvement District, or the Wynwood Neighborhood Revitalization District; abuts an area zoned T-6 or above; has a sound making device located on the primary frontage; is located and operating on the outside of a structure on or above the fifth floor of a structure; or is located on a property zoned D1, D2, or T-6-24 or above.

(e)

Pilot program for the NRD-1.

(1)

The NRD-1 District as defined in section 4-5 of the City Code is exempt from subsection (a) of this section throughout the duration of the herein created pilot program. The NRD-1 is generally bounded by Interstate 95 ("I-95") on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between I-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east, and Northwest 20th Street between North Miami Avenue and Northwest 1st Place, and Northwest 22nd Street between Northwest 1st Place and I-95 on the south.

(2)

Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music:

Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced;

The bass level exceeds 68 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or

Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed.

The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business.

(3)

The fact that the noise or music emanating from the property on which or from which it is produced exceeds the dB(A) sound level referenced in subsection (e)(2)a., b. and c. above constitutes prima facie evidence the violation has occurred. Any violation of this subsection is punishable as follows:

For a first offense, warning shall be issued and posted;

For a second offense, a fine of $250.00;

For a third and subsequent violation, a fine of $500.00.

Violations may also be enforced pursuant to section 2-817, et seq. of the City Code with a fine in an amount of up to $1,000.00 per diem for a first offense and a fine in an amount of up to $5,000.00 per diem for a repeat violator to be assessed by the code enforcement board. The code enforcement board may also find the violation to be irreparable or irreversible in nature and assess a fine in an amount of up to $15,000.00 for each violation in accordance with subsection 2-817 of the City Code.

Violations shall be enforced against the property owner and/or violator under the provisions of chapter 2, article X of the City Code and any other remedies as provided by law including, but not limited to, revocation of certificate of use and/or business tax receipt, and actions for injunctive relief in the circuit court.

(4)

The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them in applicable on special occasions by resolution for private property.

(5)

The pilot program shall sunset on November 21, 2025. The city commission may extend for one more additional year by resolution.

(f)

Pilot program for the Overtown Entertainment District.

(1)

The Overtown Entertainment District, as defined in section 4-6 of the City Code is exempt from subsection (a) of this section throughout the duration of the herein created pilot program. The Overtown Entertainment District is generally bounded by Northwest 2 Avenue on the east, I-95 on the west, Northwest 11 Terrace on the north and Northwest 8 Street on the south.

(2)

Within the Overtown Entertainment District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music:

Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which the noise is produced;

Exceeds 68 dB(C), bass level, when measured from within an enclosed structure with all windows, doors and other openings closed; or

Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed.

The city manager shall have the authority to decrease the allowable decibel levels by up to 10 dB(A) and/or 10 dB(C) during the pilot program based upon the recommendation of the code compliance director and after 30 days' notice has been posted and sent via certified US Mail to all affected business.

(3)

The fact that the noise or music emanating from the property on which or from which the noise is produced exceeds the dB(A) sound level referenced in subsection (f)(2)a., b., and c. above constitutes prima facie evidence that a violation has occurred. Any violation of this subsection is punishable as follows:

For a first offense, warning shall be issued and posted;

For a second offense, a fine of $250.00 shall be imposed;

For a third and subsequent violation, a fine of $500.00 shall be imposed.

Violations may also be enforced pursuant to section 2-814, et seq. of the City Code with a fine in an amount of up to $1,000.00 per diem for a first offense and a fine in an amount of up to $5,000.00 per diem for a repeat violation to be assessed by the code enforcement board. The code enforcement board may also find the violation to be irreparable or irreversible in nature and assess a fine in an amount of up to $15,000.00 for each violation in accordance with subsection 2-817(c) of the City Code.

For venues with open-air areas, subsection (f)(2) shall only be applicable for those venues who have code compliance department approved necessary directional speakers, sound limiting devices or other such necessary equipment installed so as to lessen sound emanations based upon a plan signed and sealed by an acoustic engineer. Open-air venues without approved sound tampering devices shall not be eligible for the pilot program.

(4)

The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them applicable on special occasions by resolution for private property.

(5)

All days recognized by the Florida Supreme Court as holidays shall be exempted from compliance with this section of the City Code.

(6)

The pilot program shall sunset on October 9, 2026. The city commission may extend for one more additional year by resolution.

(g)

Miami Riverside Specialty District. The Miami Riverside Specialty District, as defined in chapter 4 of the City Code, is exempt from subsection (a) of this section and shall be governed by subsection 36-5(e).

(Code 1967, § 36-4; Ord. No. 10797, § 1, 10-18-90; Code 1980, § 36-4; Ord. No. 13941, § 2, 11-19-20; Ord. No. 14020, § 2, 9-23-21; Ord. No. 14037, § 2, 11-18-21; Ord. No. 14117, § 2, 10-27-22; Ord. No. 14153, § 2, 2-23-23; Ord. No. 14256, § 3, 2-8-24; Ord. No. 14330, § 2, 11-21-24; Ord. No. 14358, § 2, 3-13-25; Ord. No. 14369, § 2, 6-17-25; Ord. No. 14401, § 2, 10-9-25)