Legislative Matter

Miami-Dade Legislative Item
File Number: 012267

File Number: 012267

File Type: Ordinance

Status: In Draft

Version: 0

Reference:

Control: County Commission

File Name: ORD AMEND 21-28 RE UNNECESSARY OR EXCESSIVE NOISE IN RESIDEN

Introduced: 8/29/2001

Requester: NONE

Cost:

Final Action: 9/25/2001

Agenda Date: 9/25/2001

Agenda Item Number: 4J

Notes:

Title:

ORDINANCE AMENDING SECTION 21-28 OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO UNNECESSARY OR EXCESSIVE NOISE; EXTENDING TIME LIMIT FOR THE OPERATION OF NOISE-PRODUCING EQUIPMENT AND INSTRUMENTS IN RESIDENTIAL AREAS ON FRIDAYS AND SATURDAYS FROM 11:00 P.M. TO 12:00 MIDNIGHT WITHOUT TRIGGERING THE PRIMA FACIE PRESUMPTION OF VIOLATION OF SECTION 21-28; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	NOISE
	AMENDING CODE

Sponsors:

Joe A. Martinez, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	9/25/2001	4J	Adopted				F
REPORT:	The public hearing was opened by Chairperson Margolis on the forgoing proposed ordinance. The public hearing was closed after no one appeared in response to Chairperson Margolis’ call for persons wishing to be heard. Commissioner Martinez stated his intent for sponsoring the foregoing proposed ordinance was to provide relief to Miami-Dade Police Departments whose resources were being taxed by hiring overtime help to handle excessive log-user calls during late night shift rotations. Chairperson Margolis suggested enforcing an imposed fine on violators of Miami-Dade County Code Section 21-28 to help reduce the amount of calls. Commissioner Moss spoke in opposition of the proposed ordinance stating that changing the time from 11:00 pm to 12:00 pm would only delay the problem and not resolve it. Commissioner Sorenson spoke in opposition of the foregoing proposed ordinance. Commissioner Morales spoke in opposition of the proposed ordinance stating that the ordinance would not prevent citizens from calling in complaints prior to midnight. Commissioner Morales stated his concern was that he did not want to send a wrong message to the public that their calls would not be responded to. Hearing no further discussion, the Board proceeded to vote on the foregoing proposed ordinance.

Board of County Commissioners	9/11/2001	13Q	Adopted on first reading		9/25/2001		P
REPORT:	The foregoing proposed ordinance was adopted on first reading on September 13, 2001.

County Attorney	8/29/2001		Assigned	Angelique Ortega

Legislative Text

TITLE
ORDINANCE AMENDING SECTION 21-28 OF THE CODE OF MIAMI-DADE COUNTY, RELATING TO UNNECESSARY OR EXCESSIVE NOISE; EXTENDING TIME LIMIT FOR THE OPERATION OF NOISE-PRODUCING EQUIPMENT AND INSTRUMENTS IN RESIDENTIAL AREAS ON FRIDAYS AND SATURDAYS FROM 11:00 P.M. TO 12:00 MIDNIGHT WITHOUT TRIGGERING THE PRIMA FACIE PRESUMPTION OF VIOLATION OF SECTION 21-28; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, Section 21-28 was created for the purpose of limiting unnecessary or excessive noise, and this Board desires to amend Section 21-28 to reflect changing attitudes and realities,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 21-28 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 21-28. Noises; unnecessary and excessive prohibited.

It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise. The following acts, among others, are declared to be unreasonably loud, excessive, unnecessary or
unusual noises in violation of this section, but this enumeration shall not be deemed exclusive, namely:

* * *

(b) Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m.>>, Sunday through Thursday, and 12:00 midnight and 7:00 a.m., Friday and Saturday<<, in such a manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

Section 5. This ordinance does not contain a sunset provision.