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ORDINANCE RELATING TO NOISE REGULATION; AMENDING SECTION 21-28 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CLARIFYING THAT CERTAIN NOISE REGULATIONS APPLY TO NOISE EMITTED FROM A VESSEL OR FLOATING STRUCTURE; CLARIFYING THAT ENGINE OR EXHAUST NOISE FROM VESSELS MAY BE ENFORCED AS PROVIDED IN SECTION 7-26.1 OF THE CODE AND SECTION 327.65, FLORIDA STATUTES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, residents and visitors enjoy riding jet skis, boats, and other vessels on the waters of Miami-Dade County, and particularly in Biscayne Bay; and
WHEREAS, in the past few years, Miami-Dade County has seen a surge in recreational and commercial vessel activity on County waters, as well as recreational and commercial activities conducted on or with floating structures; and
WHEREAS, while this increase in activity enlivens cultural life in the County and supports the County economy, the County must ensure that boaters are not undermining the health and quality of life of other boaters or residents whose homes border County waters; and
WHEREAS, there has been an increasing number of boaters on County waters who are playing music from their boats at unreasonably high volumes; and
WHEREAS, section 21-28 of the Code of Miami-Dade County, Florida (the �Code�) generally prohibits �unreasonably loud, excessive, unnecessary, or unusual noise�; and
WHEREAS, section 21-28 also sets forth a non-exhaustive list of specific acts that are declared to be unreasonably loud, excessive, unnecessary, or unusual noises and that thus violate section 21-28; and
WHEREAS, those prohibited acts include, among others, �[t]he 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 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�; and
WHEREAS, that prohibition further provides that �[t]he operation of any such set, instrument, phonograph, machine or device 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 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�; and
WHEREAS, this Board wishes to clarify that this prohibition can be violated when noise is emitted not only from a �room, vehicle or chamber,� but also from a vessel or floating structure; and
WHEREAS, section 327.60, Florida Statutes, governs the regulation of vessels and preempts local governments from �[r]egulating engine or exhaust noise, except as provided in s. 327.65�; and
WHEREAS, section 327.65, Florida Statutes, allows counties to adopt an ordinance regulating engine and exhaust noise of vessels under certain circumstances, and the County adopted such an ordinance in Ordinance No. 89-30, codified in section 7-26.1 of the Code, which prohibits the operation of vessels in such a manner as to exceed the sound level of 90 dBA at a distance of 50 feet from the vessel; and

WHEREAS, this Board wishes to clarify that, although section 21-28 of the Code may be applied to noise emitted from vessels and floating structures, engine or exhaust noise from vessels may be enforced as provided in section 7-26.1 of the Code and section 327.65, Florida Statutes,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are approved and incorporated herein.
Section 2. 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.

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(2) Prohibition. 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.

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(4) Acts declared to be violations. The following acts are declared to be unreasonably loud, excessive, unnecessary, or unusual noises in violation of this section, but this enumeration shall not be deemed to be exclusive. It is further provided that all acts enumerated and prohibited herein shall be independent of each other, and the violation of any one of the following paragraphs herein shall be a separate violation of this section:

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(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 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 >>or on<< the room, vehicle>>, vessel, floating structure,<< 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. in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure>>, vessel, floating structure,<< or vehicle in >>or on<< which it is located shall be prima facie evidence of a violation of this section.

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(e) 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 will effectively prevent unreasonably loud or explosive noises therefrom. >>Notwithstanding the foregoing, engine or exhaust noise from vessels may be enforced as provided in section 7-26.1 of the Code and section 327.65, Florida Statutes.<<

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Section 3. 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 4. 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 5. 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.


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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