Title 36 · Chapter 36 - NOISE

Same—Hours of operation of jukeboxes, radios, etc

Section: 36-5

; exemption for events on city-owned property; relaxation.

(a)

It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, jukeboxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of violation of this section, the city manager or designee, may at their discretion, revoke any business tax receipt issued under chapter 31 to the business.

(b)

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

(c)

The city commission may relax the time restrictions contained in paragraphs (a) above or declare them inapplicable on special occasions by resolution.

(d)

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 through the duration of the pilot program. The NRD-1 boundaries are generally described as bounded by 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 business establishment or any part thereof to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments, or any other musical devices on or about the premises between the hours of 1:00 a.m. to 9:00 a.m., Monday through Wednesday and the hours of 3:00 a.m. to 9:00 a.m., Thursday through Sunday, unless such music boxes, jukeboxes, radios, musical instruments, and other devices are played or operated in a closed building and the sound is not plainly audible from outside the building so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. Any violation of this subsection is punishable as follows:

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

For a second offense, a fine of $250.00;

For a third and subsequent violations a fine of $500.00 or 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 section 2-817 of the City Code.

The city may also enforce this subsection pursuant to 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.

(3)

For venues with open-air areas, subsection (d)(2) shall only be applicable for those venues who have code compliance department approved directional speakers and sound limiting devices installed so as to lessen sound emanations. Should such venues receive more than three violations for which they are found guilty after appeal or fail to appeal, this pilot program shall not be applicable.

(4)

The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them inapplicable 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.

(e)

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 through the duration of the pilot program. The Overtown Entertainment District boundaries are generally described as 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 business establishment or any part thereof to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments, or any other musical devices on or about the premises between the hours of 1:00 a.m. to 9:00 a.m., Monday through Wednesday and the hours of 3:00 a.m. to 9:00 a.m., Thursday through Sunday, unless such music boxes, jukeboxes, radios, musical instruments, and other devices are played or operated in a closed building and the sound is not plainly audible from outside the building so as to disturb the quiet, comfort, or repose of persons in any dwelling, hotel, or other type of residence. Any violation of this subsection is punishable as follows:

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

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

For a third and subsequent violations a fine of $500.00 or violations may also be imposed 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 section 2-817 of the City Code.

(3)

For venues with open-air areas, subsection (e)(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 inapplicable 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.

(f)

Miami Riverside Specialty District.

(1)

The Miami Riverside Specialty District, as defined in section 4-5 of the City Code, is exempt from subsection (a) of this section.

(2)

Within the Miami Riverside Specialty District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof during the hours of 8:00 p.m.—11:00 a.m. 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 is directly 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 directly 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.

(Code 1967, § 36-5; Ord. No. 8660, § 1, 6-9-77; Ord. No. 10797, § 1, 10-18-90; Code 1980, § 36-5; Ord. No. 13676, § 2, 4-27-17; Ord. No. 14020, § 3, 9-23-21; Ord. No. 14037, § 2, 11-18-21; Ord. No. 14117, § 2, 10-27-22; Ord. No. 14153, § 3, 2-23-23; Ord. No. 14256, § 3, 2-8-24; Ord. No. 14330, § 2, 11-21-24; Ord. No. 14369, § 2, 6-17-25; Ord. No. 14401, § 2, 10-9-25)