ORDINANCE NO. 2006-3520 AN ORDINANCE OF ?· ordinance no. 2006-3520 _ an ordinance of the mayorand city…
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2006-3520ORDINANCE NO. _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OFTHE CITY OF MIAMI BEACH, FLORIDA, AMENDINGCHAPTER 46 OF THE CITY CODE, ENTITLED"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED"NOISE," BY AMENDING SECTION 46-156, ENTITLED"TEMPORARY PERMITS," BY AMENDING THE PROCEDURESAND REQUIREMENTS FOR CONSTRUCTION ACTIVITIES ANDPROVIDING EXCEPTIONS THERETO, PROHIBITINGCONSTRUCTION NOISE ON SUNDAYS AND NATIONALHOLIDAYS IN ALL NON-RESIDENTIAL ZONING DISTRICTS,EXCEPT UNDER CERTAIN CIRCUMSTANCES AND ASAUTHORIZED BY THE BUILDING OFFICIAL, PROHIBITINGCONSTRUCTION IN RESIDENTIAL ZONING DISTRICTSBEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON SUNDAYS ANDNATIONAL HOLIDAYS AND PROHIBITING CONSTRUCTIONNOISE BETWEEN 10:00 A.M. AND 4:00 P.M. ON SUNDAYS ANDNATIONAL HOLIDAYS, PROVIDING PROVISIONS FOR THEVIOLATION AND REVOCATION OF TEMPORARY PERMITS,AND PROVIDING SUBHEADING TITLES TO BE ENTITLED (A)"REQUIREMENTS AND PROCEDURES," (B) "VIOLATION OFTEMPORARY PERMITS" AND (C) "REVOCATION OFTEMPORARY PERMITS;" AMENDING SECTION 46-158,ENTITLED "ENFORCEMENT BY CODE INSPECTORS; NOTICEOF VIOLATION, WARNINGS" BY AMENDING SUBSECTION (A)TO CLARIFY THE NOTICE OF VIOLATION PROVISIONS,AMENDING SUBSECTION (B)(2) TO PROVIDECLARIFICATION AS TO THE NUMBER OF WRITTENWARNINGS IN ALL ZONING DISTRICTS EXCEPT SINGLEFAMILY ZONING DISTRICTS; PROVIDING FOR ONEWRITTEN WARNING IN SINGLE FAMILY ZONING DISTRICTSPRIOR TO A NOTICE OF VIOLATION AND PROVIDING THATA VIOLATION, INSTEAD OF A WRITTEN WARNING, SHALLBE ISSUED IF A VIOLATOR IS ALSO BEING CITED FOR ANILLEGAL COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL USE IN A RESIDENTIAL ZONING DISTRICT;AMENDING SECTION 46-159 ENTITLED "FINES ANDPENALTIES FOR VIOLATION; APPEALS; ALTERNATE MEANSOF ENFORCEMENT," BY PROVIDING FINES AND PENALTIESFOR ANY OFFENSE WHICH WAS COMMITTED WHILE THEVIOLATOR WAS ALSO ENGAGED IN AN ILLEGALCOMMERCIAL OR NON-PERMITTED, NON-RESIDENTIALUSE IN A RESIDENTIAL ZONING DISTRICT; PROVIDING FORCODIFICATION, REPEALER, SEVERABILITY, AND ANEFFECTIVE DATE.
WHEREAS, noise has been a topic of concern within the City of Miami Beach for manyyears and has recently been the subject of recent City Code amendment to address modifiedenforcement and legislative solutions; and
WHEREAS, the purpose of the City's Noise Ordinance is to obtain compliance with theprohibition on unnecessary and excessive noise in the City before imposing fines and otherpenalties; and
WHEREAS, in order to strike a balance between the concerns of the businesscommunity and residents, a warning and violation system has been developed which takes intoaccount the diverse character of the City; and
WHEREAS, the provisions in this Ordinance will serve to further address the noiseconcerns of the City and its residents relative to construction projects and with regard to illegalcommercial or non-permitted, non-residential, uses in residential zoning districts, to preserve thequality of life in all City neighborhoods, and to provide clarification of the City Commission'soriginal intent relative to the enforcement ofnoise violations.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITYCOMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Section 46-156 of Article IV of Chapter 46 of the Miami Beach City Code ishereby amended as follows:
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ARTICLE IV. NOISE
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Sec. 46-156. Temporary permits.
(a) Requirements and Procedures
The City manager is authorized to issue a temporary permit to allow noise whenproduced by a temporary use or activity as provided in this section. The City managermay prescribe any reasonable conditions necessary to minimize any adverse effect upon
the community. A permit granted under this article shall contain all conditions uponwhich the permit has been granted, including the period of time for which the permit hasbeen granted. Such relief may be granted in the following situations:
(1) Code compliance in progress. When an applicant is utilizing best efforts tocomply with the noise restrictions in this article, but additional time is required forthe applicant to modify his activity to comply and no reasonable alternative isavailable to the applicant, such permits may be granted for a period of time not toexceed ten consecutive days.
(2) Construction. When construction activities pursuant to a valid building permitcannot be carried out in a manner which would comply with section 46-152,notwithstanding that all equipment is operated in accordance with manufacturer'sspecifications, is in good repair and utilizes all noise baffling methods as specifiedby the manufacturer, such activities shall occur only as follows:
a. Between the hours of 7:30 a.m. and 6:30 p.m., and between the hours of 7:30a.m. and 7:30 p.m. during daylight savings time, on any day in areas zoned asCCC, GU, I-I, MR, CPS-I, CPS-2, CPS-3, CPS-4, RQ, WD-l, WD-2, GC,HD, MXE, CD-I, CD-2 and CD-3. Ne-eConstruction noise that violatessection 46-152 shall not be pennitted on Sundays or on national holidays inthe zoning districts set forth in this subsection. However, the City managermay authorize any necessary construction activities to occur earlier and/orlater than as otherwise provided in this subsection based upon a finding that 1)there are no reasonable alternatives, and 2) there are no prior code violationadjudications or fines and no pending construction noise violation casesagainst the property owner, contractor, or the construction site, and 3) allpermitted construction days and hours are already being fully utilized inaccordance ..vith industry standards and practice and/or in recognition ofcommunity needs, including but not limited to traffic flows for 'Nhich aparticular sequencing of construction is necessitated there is a significantcommunity need, public purpose or benefit. The work authorized by the Citymanager may be conditioned upon reasonable notice to surrounding propertyowners and tenants. Permits issued pursuant to such authorization shall notexceed seven consecutive days. No construction shall be permitted onSundays or on national holidays in the zoning districts set forth in thissubsection, notwithstanding compliance with Section 46 152.
b. Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a.m.and 4:00 p.m. on Saturdays in areas zoned as RM-l, RM-2, RM-3, RM-PRD,RPS-l, RPS-2, RPS-3, RPS-4, RMPS-l, RS-l, RS-2, RS-3, RS-4, RO, THand in any exclusively residential zoning district not otherwise specified inthis subsection and within three hundred feet of any of these zoning districts.No construction shall be permitted on Sundays or on national holidays in the
zoning districts set forth in this subsection or within 300 feet thereof. OnSundays and national holidays, construction shall not be pennitted before10:00 a.m. or after 4:00 p.m. and construction noise that violates section 46-152 shall not be pennitted between 10:00 a.m. and 4:00 p.m. in the zoningdistricts set forth in this subsection or within 300 feet thereof, except that inbuildings with occupied apartment units, as defined in section 114-1 of thisCode, no construction shall be allowed on Sundays or national holidays.However, the City manager may authorize any necessary constructionactivities to occur earlier and/or later than as otherwise provided in thissubsection based upon a finding that 1) there are no reasonable alternatives,and 2) there are no prior code violation adjudications or fines and no pendingconstruction noise violation cases against the property owner, contractor, orconstruction site, and 3) all pennitted construction days and hours are alreadybeing fully utilized in accordance with industry standards and practice and/orin recognition of community needs, including but not limited to traffic flows,a particular sequencing of construction is necessitated there is a significantcommunity need, public purpose or benefit. The work authorized by the Citymanager may be conditioned upon reasonable notice to surrounding propertyowners and tenants. Permits issued pursuant to such authorization shall notexceed three consecutive days. No construction shall be pennitted onSundays or on national holidays in the zoning districts set forth in thissubsection, notwithstanding compliance with section 46 152.
c. The issuance of a temporary pennit is a privilege and does not constitute aright or expectation that said pennit will remain in effect. Any permits issuedpursuant to (2)a-b, shall not constitute or be deemed precedent for the grantingof any future permits.
d. Notwithstanding the provisions of (2)a-b., temporary pennits shall be subjectto authorization by the building official under emergency circumstances orwhen the Florida Bhuilding Code requires official detennines that for reasonsof technical necessity work earlier or later than the time frames specified in(2)a-b or on any day (including Sundays or national holidays), temporarypennits shall be subject to authorization by the building official is required.The work authorized by the building official pursuant to this subsection mayshall be conditioned upon reasonable notice to surrounding property ownersand tenants.
ill Special events andfilm and print permits. A film permit issued pursuant to section12-1, or a special event permit issued pursuant to section 12-5 may be exemptedfrom the requirements of section 46-152 upon specific compliance with sections12-1(9) or 12-5(8), as applicable.
(b) Violation ofTemporary Permit
Failure to comply with any condition of a temporary permit issued pursuant to thissection shall constitute a violation and shall result in enforcement procedures andpenalties as set forth in sections 46-159 and 46-160.
@ Revocation of Temporary Permits
Any temporary permit may be immediately revoked pursuant to th