Ordinance 2023-03Ord. No. 2023-03
Page 1 of 15
ORDINANCE NO. 2023-031
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF 3
MIAMI SHORES VILLAGE, FLORIDA, AMENDING 4
THE VILLAGE CODE OF ORDINANCES BY 5
AMENDING CHAPTER 4 “ALCOHOLIC 6
BEVERAGES,” CHAPTER 6 “BUILDINGS AND 7
BUILDING REGULATIONS,” CHAPTER 10 8
“HEALTH AND SANITATION,” CHAPTER 15 9
“OFFENSES,” AND CHAPTER 17 “PEDDLERS AND 10
SOLICITORS” TO AMEND NOISE REGULATIONS 11
AND CREATE ARTICLE IV “NOISE CONTROL” 12
PROVIDING FOR CONSOLIDATED NOISE 13
REGULATIONS; PROVIDING FOR SEVERABILITY; 14
PROVIDING FOR INCLUSION IN THE CODE; 15
PROVIDING FOR CONFLICTS; AND PROVIDING 16
FOR AN EFFECTIVE DATE. 17
WHEREAS, Miami Shores Village (the “Village”) Council recognizes that, 18
periodically, it is necessary change the adopted Code of Ordinances in order to ensure 19
that the Village’s regulations are current and consistent with the Village’s regulatory 20
needs; and 21
WHEREAS, the Village Council wishes to amend the Village Code of Ordinances 22
to consolidate noise regulations and provide more effective provisions for the regulation 23
of noise (“Ordinance”); and 24
WHEREAS, the Village Council has reviewed the Ordinance at a duly noticed 25
public hearing in accordance with law and determined that it is consistent with the Village 26
Code; and 27
WHEREAS, the Village Council finds that the proposed Ordinance serves to 28
further enhance the protection of the public health, safety and welfare. 29
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND VILLAGE 30
COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS:1 31
Section 1. Recitals Adopted. That each of the above stated recitals is hereby 32
confirmed, adopted, and incorporated herein and made a part hereof by reference. 33
Section 2. Amendment to the Village Code. That the Code of Miami Shores 34
Village, Florida, is hereby amended as follows: 35
*** 36
Chapter 4 - ALCOHOLIC BEVERAGES 37
*** 38
Sec. 4-3. - Revocation of special approval. 39
*** 40
(10)Existence upon the premises of nuisances or criminal activities, including:41
a.Any condition or activity which is a "nuisance" or a "public nuisance" or42
which is specifically declared to constitute a nuisance or public nuisance by43
any statute of the State of Florida or by any ordinance of Miami Dade44
County or Miami Shores Village.45
b.The frequent gathering, or coming and going, of people who have intent to46
purchase or use controlled substances on the premises.47
c.The making or continuing, or causing to be made or continued, of any loud,48
unnecessary or unusual noise upon the premises as described in the Miami49
Shores Village Noise Control Ordinance set forth in Chapter 15, Article IV50
Noise Control. which disturbs the peace and quiet of the neighborhood or51
which causes discomfort or annoyance to any reasonable person of normal52
sensitivity residing in the area.53
d.The occurrence of criminal activity at the location/premises which threatens54
the life, health, safety or welfare of the residents of the premises, neighbors55
or the public.56
1 Strikethrough words are deletions to the existing text. Underlined words are additions to the existing text. Changes
between first and second reading are indicated with highlighted double strikethrough and double underline. Changes
made by Planning Board at its September 29,2022 meeting is reflected with highlighted double strikethrough and
double underline.
e.A disproportionate need for law enforcement resources, as determined by57
the police department, based on police responses to the location (i.e. police58
reports, illegal activity on premises, calls for service, etc.) and a failure of59
the establishment to take reasonably requested corrective measures.60
f.The maintenance, use, rental or lease of the premise, or sub-unit thereof in61
a fashion where persons are allowed to congregate, gather or loiter in such62
a manner as to disturb the peace of other persons lawfully on the property63
itself or lawfully in the vicinity of the property.64
g.The use of the premises for the purpose of unlawfully selling, serving,65
storing, keeping, manufacturing or giving away any controlled substance,66
precursor, or analog as those terms are defined by state law.67
*** 68
Chapter 6 – BUILDINGS AND BUILDING REGULATIONS 69
*** 70
Sec. 6-8. Construction noise. 71
Any site preparation, construction, assembly, erection, substantial repair, alteration, 72
delivery of materials, demolition or similar action, which disturbs the peace and quiet of 73
the neighborhood, on public or private property, rights-of-way, structures, utilities or 74
similar property under any permit issued by the Miami Shores Building Department and 75
shall not take place outside the following hours: 76
(a)Monday through Friday, 8:00 a.m. and 7:00 p.m.77
(b)Saturday 8:00 a.m. and 6:00 p.m.78
In addition, Thanksgiving, Christmas and New Year's Day shall be recognized as79
holidays during which no action associated with a building department permit which 80
disturbs the peace and quiet of the neighborhood shall take place. 81
Nothing contained in this section shall prohibit bona-fide emergency repair work to 82
be conducted at any time. 83
The owner, occupant or user of a construction site shall comply with the restrictions 84
of the Miami Shores Village Noise Control Ordinance as set forth in Chapter 15, Article 85
IV.86
*** 87
Chapter 10 - HEALTH AND SANITATION 88
*** 89
90
Sec. 10-5. Maintaining source of noxious odors or gas, disturbing noise or other 91
nuisance. 92
(a) Definitions. The following words, terms and phrases when used in this section shall93
have the meaning ascribed to them in this subsection, except where the context 94
clearly indicates a different meaning: 95
Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or 96
similar stationary emergency signaling device. 97
Construction. Any site preparation, assembly, erection, substantial repair, alteration, 98
demolition or similar action, of public or private rights-of-way, structures, utilities or 99
similar property. 100
Emergency. Any occurrence or set of circumstances involving actual or imminent 101
physical trauma or property damage demanding immediate attention. 102
Holidays. In addition to Sundays, those days declared by the laws of the State to be 103
legal holidays, including New Year's Day, Memorial Day, Independence Day, Labor Day, 104
Thanksgiving Day and Christmas Day. 105
Motor vehicle. A two or more wheel vehicle, or machine, propelled or drawn by 106
mechanical power, gas or diesel, and used on the public roads and highways in the 107
transportation of people or property. 108
Motorboat. Any vessel which is propelled or powered by machinery and which is 109
used or capable of being used as a means of transportation on water. 110
Plainly audible. Refers to noise which is unreasonably loud, raucous or jarring. 111
Weekends. Shall mean from 6:00 p.m. Friday to 12:00 midnight Sunday. 112
(b) It shall be unlawful to maintain any source or cause of noxious odor or gas or other113
nuisance, or to cause the same to exist. It shall be unlawful for any person to make, 114
continue or cause to be made or continued any noise disturbance. For purposes of 115
this subsection, the term "noise disturbance" shall mean any loud, raucous, or 116
unreasonably disturbing noise which are or may be potentially harmful or injurious to 117
human health or welfare, or which unnecessarily interferes with the enjoyment of life 118
or property, including outdoor recreation, of a reasonable person with normal 119
sensitivities. 120
(c) Specifically prohibited acts. The following acts are declared to constitute a violation121
of this section: 122
(1)Excessive noise. Any noise which is of such character, intensity or duration that123
it constitutes a noise disturbance, as defined in subsection (b).124
(2)Horns, signaling devices, etc. The sounding of any horn or signaling device on125
any motor vehicle or motorboat on any street or place in the city, except as a126
danger warning; the creation by means of any such signaling device of any127
unreasonably loud or harsh sound; and the sounding of any such device for any128
unnecessary and unreasonable period of time.129
(3) Megaphones and sound trucks. The use of a megaphone, defined as an 130
electronic voice amplifying device for public address, or a sound truck, defined 131
as a vehicle with a megaphone attached, is impermissible if it rises to the level 132
of a noise disturbance, as defined in subsection (b). Use of a megaphone or a 133
sound truck in a residential district after dark is presumptively prohibited. 134
(4) Radios, televisions, phonographs, musical instruments, etc. The using, 135
operating, playing, or permitting to be played, used or operated any radio, 136
television, phonograph, musical instrument, or other machine or device for the 137
producing or reproducing of sound in such manner as to disturb the peace, 138
quiet and comfort of the neighboring inhabitants, or at any time with louder 139
volume than is necessary for convenient hearing for the person or persons who 140
are in the room, motor vehicle, motorboat or area in which such machine or 141
device is operated and who are voluntary listeners thereto. The operation of any 142
such radio, television, phonograph, musical instrument or other machine or 143
device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 144
a.m. and 8:00 a.m. on weekends and holidays in such a manner as to be plainly 145
audible at a distance of 100 feet from the building, structure, motor vehicle, or 146
motorboat in which it is located shall be prima facie evidence of a violation of 147
this section. 148
(5) Animals, birds, etc. The owning, possessing or harboring of any animal or bird 149
which causes, between the hours of 11:00 p.m. and 7:00 a.m., frequent or 150
continued noise which is plainly audible at a distance of 100 feet from the 151
building or structure in which the animal or bird is located. 152
(6) Exhausts. The discharge into the open air of the exhaust of any engine, 153
stationary internal combustion engine, motor vehicle or motorboat engine, 154
except through a muffler or other device which will effectively prevent loud or 155
explosive noises therefrom, except for the testing of emergency generators as 156
required by law during the hours of 8:00 a.m. to 5:00 p.m. weekdays. 157
(7) Firearms or explosives. The use or firing of any explosives, firearms or similar 158
devices, except in an emergency, or using or firing firecrackers, skyrockets or 159
the like without the prior approval of the city manager. Nothing herein shall 160
prohibit the use of nail guns used in construction. 161
*** 162
Chapter 15 – OFFENSES 163
164
*** 165
Sec. 15-11. Noise emitting from commercial establishments. 166
It shall be unlawful for any person owning, occupying or having charge of any 167
building or premises on which any commercial business is transacted, including but not 168
limited to barbecue stands, restaurants and soft-drink stands, at any time to cause or 169
suffer or allow any loud, unnecessary, excessive or unusual noises as described in the 170
Miami Shores Village Noise Control Ordinance set forth in Chapter 15, Article IV Noise 171
Control. in the operation of any radio, phonograph or other mechanical sound-making 172
device or instrument, or reproducing device or instrument, or in the playing of any band, 173
orchestra, musician or group of musicians, where the noise or music is plainly audible at 174
a distance of 100 feet from the building, structure, vehicle or premises in which, or from 175
which, it is produced. The fact that the noise or music is plainly audible at a distance of 176
100 feet from the vehicle or premises from which it originates constitutes prima facie 177
evidence of a violation of this section. 178
179
*** 180
181
Secs. 15-91—15-99. - Reserved. 182
183
*** 184
185
ARTICLE IV. – NOISE CONTROL 186
187
Section 15-100. Short Title. 188
189
This Article shall be known and cited as the "Miami Shores Village Noise Control 190
Ordinance." 191
192
Section 15-101. Intent and Purpose. 193
194
(a) It is the public policy of the Village that every person is entitled to ambient sound195
levels that are not detrimental to life, health, and enjoyment of his or her property. 196
(b) The Miami Shores Village Council finds that unreasonably excessive noise197
degrades the environment of the Village to a degree that such noise: 198
(1)Is harmful to the health, safety, and welfare of Village residents and visitors; and199
(2)Interferes with the comfortable enjoyment of life and property; and200
(3)Interferes with the well-being, tranquility, and privacy of one's home; and201
(4)Can cause and aggravate health problems.202
(c) The effective control of unreasonably excessive noise is essential to the health,203
safety, and welfare of Village residents and visitors, and fosters the comfortable 204
enjoyment of life, including, but not limited to, recreation, work, communication, and 205
rest. 206
(d) This section is enacted to protect, preserve, and promote the health, safety, welfare,207
peace, and quiet of residents and visitors of Miami Shores Village through the 208
control, reduction, and prevention of unreasonably excessive noises that disturb, 209
injure, or endanger the comfort, repose, health, peace, or safety of reasonable 210
persons of ordinary sensitivities. 211
(e)Nothing contained in this section is intended to infringe upon the constitutionally 212
protected rights guaranteed by the Florida Constitution and the First Amendment of 213
the United States Constitution. This section enacts narrowly drawn; content-neutral 214
regulations that are to be interpreted to not unduly restrict constitutionally protected 215
rights. 216
217
Section 15-102. Definitions. 218
219
The following words, terms, and phrases, when used in this article, shall have the 220
meanings ascribed to them in this section, except where the context clearly indicates a 221
different meaning: 222
Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or 223
similar stationary emergency signaling device. 224
A-weighted sound level means the sound pressure level in decibels as measured225
with a sound level meter using the A-weighting network as described in ANSI S1.4-1983 226
issued by the American National Standards Institute. The unit of measurement is the 227
dBA. 228
Ambient noise means the surrounding or steady background noise, as distinguished 229
from the specific noise which is the subject of the attempted measurement. 230
C-weighted sound level means the sound pressure level in decibels as measured231
with a sound level meter using the C-weighting network as described in ANSI S1.4-1983 232
issued by the American National Standards Institute. The unit of measurement is the 233
dBC. 234
Construction means Any site preparation, assembly, erection, substantial repair, 235
alteration, demolition or similar action, of public or private rights-of-way, structures, 236
utilities or similar property. 237
Commercial zone means area where uses and activities on lands primarily intended 238
for business or commercial use. 239
Decibel (dB) means a unit for measuring the amplitude of sound, equal to 20 times 240
the logarithm to the base ten of the ratio of the pressure of the sound measured to the 241
reference pressure, which is 20 micropascals (20 micronewtons per square meter). 242
Device means a mechanism which is intended to produce, or which actually 243
produces noise when operated or handled. 244
Duplex means a structure containing two dwelling units. 245
Enforcement official means any Florida certified law enforcement officer, or 246
community service officer/deputy, or code inspector. 247
Emergency means any occurrence or set circumstances involving actual or 248
imminent physical injury to persons or property which demands immediate action. It shall 249
be the burden of the alleged violator to prove the "emergency". 250
Emergency vehicle means a motor vehicle or vessel used by fire-rescue/emergency 251
medical personnel, law enforcement, community service officers, or code inspectors, or a 252
motor vehicle or vessel used in response to a public calamity or to protect persons or 253
property from imminent danger. 254
Emergency work means work made necessary to restore property to a safe 255
condition following a public calamity, work to restore public utilities, or work required to 256
protect persons or property from an imminent exposure to danger. 257
Equivalent sound pressure level means the constant sound level that, in a given 258
situation and time period, conveys the same sound energy as the actual time-varying 259
sound. 260
Frequency means the number of complete fluctuations per second of the sound 261
wave. 262
Fully enclosed structure means a building separated on all sides from adjacent open 263
space or from other buildings by permanent roof and by exterior walls or party walls, 264
pierced only by closed windows and normal entrance or exit doors. Such doors shall not 265
be kept open except for normal ingress and egress. 266
Intensity (or loudness) means the magnitude of the fluctuation measured in 267
atmospheric pressure units or microbars. 268
Governmental entity means any federal, state, county, municipal, district, board or 269
separate unit of government created or established by law. 270
Holiday means those days designated as legal holidays by the laws of the State of 271
Florida and Federal Government. 272
Institutional zone means area where uses and activities on lands primarily intended 273
for non-residential or commercial activity such as public lands, schools, churches, or 274
conservation areas. 275
Motor vehicle means any self-propelled vehicle, such as, but not limited to, 276
passenger cars, trucks, truck trailers, semitrailers, campers, motorcycles, minibikes, go-277
carts, amphibious craft on land or water, and dune buggies or racing vehicles which are 278
propelled by mechanical power. 279
Motorboat means any vehicle which is primarily operated on water or which does 280
operate on water, such as boats, barges, amphibious craft, or hover craft, and which is 281
propelled by mechanical power. 282
Muffler means any apparatus consisting of baffles, chambers, or acoustical 283
absorbing material whose primary purpose is to transmit liquids or gases while causing a 284
reduction in sound emission at one end. 285
Noise means any sound, which because of its volume level, duration, and character, 286
disturbs, injures, endangers the comfort, health, peace, or safety, or is a nuisance to 287
reasonable persons of ordinary sensibilities. Noise disturbance means any sound which 288
endangers or injures the health of humans or disturbs a reasonable person of ordinary 289
sensitivities. 290
Period of observation means the time interval during which noise and facts are 291
obtained by enforcement officials. 292
Person means any natural person, individual, association, partnership, corporation, 293
municipality, governmental agency, business trust, estate, trust, two or more persons 294
having a joint or common interest or any other legal entity and includes any officer, 295
employee, department, agency or instrumentality of the United States, a state or any 296
political subdivision of a state or any other entity whatsoever or any combination of such, 297
jointly or severally. 298
Person(s) responsible means, but, is not limited to, any person who has any manner 299
of control over a property, premises, dwelling, structure, location, business, vehicle, 300
device, stereo, or source of sound and may include, but is not limited to, any property 301
owner, tenant, subtenant, business owner, resident, operator or person having 302
operational control, person(s) creating or controlling the volume of sound, property 303
manager, or person(s) in charge or otherwise authorized to make decisions regarding 304
the use of sound equipment, or any combination of such, jointly and severally. 305
Plainly audible means any sound that can be clearly heard and understood by a 306
reasonable person using such person's ordinary auditory senses, so long as the person's 307
hearing is not enhanced by any device, such as a hearing aid. 308
Powered model vehicles means any powered vehicles, either airborne, waterborne 309
or landborne, which are designed not to carry persons or property, such as, but not 310
limited to, model airplanes, boats, cars, rockets, and which are being propelled by 311
mechanical means. 312
Private right-of-way means any street, avenue, boulevard, highway, sidewalk, bike 313
path, or alley, or similar place, which is not owned or controlled by a governmental entity. 314
Property boundary means an imaginary line exterior to any enclosed structure, at 315
the ground surface, which separates the real property owned by one person from that 316
owned by another person, and its vertical extension. 317
Public right-of-way means any street, avenue, boulevard, highway, alley, or public 318
space, which is dedicated to, owned, or controlled by a public governmental entity. 319
Public space means any property or structures thereon normally accessible to the 320
public. 321
Receiving property means at or within the property line, which is receiving sound 322
from another property, but does not include public rights-of-way. 323
Residential zone means area where uses and activities on lands primarily intended 324
for residential use. 325
Sound means an oscillation in pressure, particle displacement, particle velocity or 326
other physical parameter, in a medium with internal forces that causes compression and 327
rarefaction of that medium. The description of sound may include any characteristic of 328
such sound, including duration, intensity, and frequency. 329
Sound source means any person, animal, device, operation, process, activity, or 330
phenomenon that emits or causes sound. 331
Unreasonably excessive noise from a property means sound from any property, 332
which is unreasonably loud and raucous meaning any sound that, because of its volume 333
level or duration, jars, injures, or endangers the health, safety, welfare, or wellbeing of a 334
reasonable individual of ordinary sensibilities. Unreasonably excessive noise violations 335
are considered irreversible or irreparable. 336
Volume means the degree of intensity, audibility, quality, strength, or loudness of 337
sound. 338
Weekday means any day, Monday through Friday, which is not a holiday. 339
Weekends. Shall mean from 6:00 p.m. Friday to 12:00 midnight Sunday. 340
341
Section 15-103. General Noise Prohibitions. 342
343
(a)Prohibition of unreasonably excessive noise from a property. It shall be unlawful344
for any person(s), including the property owner(s), to permit, cause, allow, create,345
emit, or sustain unreasonably excessive noise from a property, including air space346
thereof, located in Miami Shores Village. Noise violations are considered347
irreversible and irreparable.348
(b)Prima facie evidence. For the purposes of this subsection, the following shall349
constitute prima facie evidence that a sound (whether recurrent, intermittent, or350
continuous) is unreasonably excessive and raucous if:351
(1)Between the hours of 11:00 p.m. and 7:00 a.m. on weekdays, The sound is 352
plainly audible a minimum of 100 feet from the property line of the source 353
of the sound or within a fully enclosed structure or residence on any 354
receiving property during the times provided in subsection 2 below or as 355
otherwise provided for in Section 15-104; or 356
(2)Sound pressure levels by receiving land use;357
Receiving Land Use
Category
Time Sound Pressure
Level Limit (dBA)
Residential zone, public
space, or institutional
zone
7:00 a.m.—11:00 p.m. weekdays
8:00 a.m. -12:00 p.m. a.m. weekends
and holidays
11:00 p.m.—7:00 a.m. weekdays
12:00 p.m. a.m. –8:00 a.m. weekends
and holidays
68
68
60
60
Commercial zone 7:00 a.m.—11:00 p.m. weekdays
8:00 a.m. -12:00 p.m. a.m. weekends
and holidays
11:00 p.m.—7:00 a.m. weekdays
12:00 p.m. a.m. –8:00 a.m. weekends
and holidays
72
72
65
65
(3)Construction equipment and activity that generates noise shall be limited to 358
those times provided for in Section 15-104(8). 359
Section 15-104. Specific Noise Prohibitions. 360
361
The following acts are declared to constitute a violation of this Section: 362
(1) Unreasonably Excessive Noise. Any noise which is of such character, intensity or363
duration that it constitutes a noise disturbance, as defined in Section 15-103. 364
(2) Horns, signaling devices, etc. The sounding of any horn or signaling device on any365
motor vehicle or motorboat on any street or place in the city, except as a danger 366
warning; the creation by means of any such signaling device of any unreasonably loud or 367
harsh sound; and the sounding of any such device for any unnecessary and 368
unreasonable period of time. 369
(3) Megaphones, sound amplifiers and sound trucks. The use of a megaphone, defined370
as an electronic voice amplifying device for public address, or a sound truck, defined as 371
a vehicle with a megaphone attached, is impermissible if it rises to the level of 372
unreasonable excessive noise, as defined in Section 15-103. Use of a megaphone or a 373
sound truck in a residential district after dark is presumptively prohibited. 374
(4) Radios, televisions, phonographs, musical instruments, etc. The using, operating,375
playing, or permitting to be played, used or operated any radio, television, phonograph, 376
musical instrument, or other machine or device for the producing or reproducing of sound 377
in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants 378
in accordance with Section 15-103, shall be prohibited. 379
(5) Animals, birds, etc. The owning, possessing or harboring of any animal or bird which380
causes unreasonably excessive noise which is plainly audible at a distance of 100 feet, 381
or as otherwise provided in Section 15-103, from the building or structure in which the 382
animal or bird is located shall be prohibited. 383
(6) Exhausts. The discharge into the open air of the exhaust of any engine, stationary384
internal combustion engine, motor vehicle or motorboat engine, except through a muffler 385
or other device which will effectively prevent loud or explosive noises therefrom, except 386
for the testing of emergency generators as required by law during the hours of 8:00 a.m. 387
to 5:00 p.m. weekdays. 388
(7) Firearms or explosives. The use or firing of any explosives, firearms or similar389
devices, except in an emergency, or using or firing firecrackers, skyrockets or the like 390
without the prior approval of the Village Manager or on New Year’s Day, New Year’s Eve 391
and Independence Day as permitted by F.S. § 791.08. 392
(8) Construction equipment and activity that generates noise. Operating or causing to be393
operated any equipment or performing any activity in furtherance of construction, repair, 394
alteration or demolition work on buildings, structures, roads, or projects within the Village 395
between the hours of 7:00 p.m. and 78:00 a.m. on weekdays and 5:00 6:00 p.m. and 396
8:00 a.m. on weekends Saturday not including this shall not include Sundays and 397
holidays as defined in Section 15-102, except Exceptions may be allowed for emergency 398
work as defined in Section 15-102. 399
400
Section 15-106. Exemptions. 401
The following noises shall be exempt from the restrictions set forth in the other 402
sections of this article: 403
(1)Sound made by a horn or other warning device required or permitted by F.S. §404
316.271 or F.S. § 327.65 shall be regulated in accordance with state law. 405
(2)Noises resulting from any authorized emergency vehicle, when responding to406
an emergency call or acting in time of emergency or any other public safety 407
operation. 408
(3)Noises resulting from emergency work, which is to be construed as work made409
necessary to restore property to a safe condition following a public calamity, or 410
work required to protect persons or property from any imminent exposure to 411
danger. 412
(4)Noises incidental to Village approved refuse collection.413
(5)Community events such as parades, festivals, sporting events, or fairs being414
conducted in accordance with the conditions contained in a special event permit 415
granted by the Village manager or designee. 416
(6)Noises associated with Village operations, construction, or maintenance.417
(7)Noises associated with police or fire training.418
(8)Community and organized sporting events and school activities.419
(9)Noise associated with lightning warning systems.420
(10)Non-amplified crowd sounds resulting from otherwise lawful public gatherings.421
(11)Any aircraft operating in conformity with, or pursuant to, federal law, federal air422
regulations, and air traffic control instructions used pursuant to and within the 423
duly adopted federal air regulations. 424
(12)Amplified sound on property controlled by a governmental agency during425
governmental sponsored activities. 426
(13)Sound produced by activities in the fields, grounds, or facilities of any sporting427
venue to which the public or community has access. 428
(14)Houses of worship (excluding between 7:00 p.m. and 7:00 a.m.)429
(15)Village sponsored events.430
Section 15-107. Temporary Exemption. 431
(a) A person may seek a temporary exemption from the provisions of this section by432
seeking an exemption from the Village Manager. A completed exemption application 433
must be submitted, on a form provided by the Village. An exemption may only be 434
issued for a specified limited period of time and shall set forth such conditions or 435
requirements as shall be deemed necessary to mitigate potential adverse effects 436
upon neighboring properties and to otherwise ensure that the public health, safety, 437
and general welfare is protected. The Village Manager may adopt administrative 438
rules, as he or she deems necessary, to implement the provisions of this section. 439
(b) In determining whether an exemption shall be issued, the Village Manager shall440
consider the following criteria: 441
(1)The granting of the exemption will not establish a precedent of or encourage442
more incompatible uses in the surrounding area; and 443
(2)The applicant has demonstrated that enforcement of the provisions of this444
chapter would create an undue hardship on the applicant because of unique 445
circumstances peculiar to the applicant; and 446
(c) The Village Manager shall grant or deny an application for an exemption within 15447
days from the date of the filing of a complete application. An application may be 448
denied if it is determined to be incomplete. 449
(d) Any violation of any conditions imposed upon the granting of the exemption shall be450
deemed a violation of this section. 451
452
Section 15-108. Enforcement and Penalties. 453
This article shall be enforced by the Village Code Compliance Neighborhood 454
Services Department and Police Department or any other official of the Village 455
authorized to enforce this article. 456
A Village Police Officer or Code Inspector who finds a violation of this article shall 457
may issue a citation to the violator requiring correction of the violation and shall impose a 458
fine in the amount of $250.00 for which the violator shall be liable. If the violation is not 459
corrected by the violator after issuance of the citation, within the time specified by the 460
person issuing the citation, after taking into consideration the nature and type of noise 461
involved, the Police Officer or Code Inspector shall issue a second citation and shall 462
impose an additional fine in the amount of $500.00. If the violation continues after 463
issuance of the second citation to the violator, the violation shall constitute a public 464
nuisance and may subject the violator to arrest pursuant to State law. 465
466
*** 467
CHAPTER 17 PEDDLERS AND SOLICITORS 468
*** 469
Sec. 17-11. Creation of noise. 470
No peddler, nor anyone on his their behalf, shall make or cause to be made any 471
loud, unnecessary, excessive or unusual noises as described in the Miami Shores 472
Village Noise Control Ordinance set forth in Chapter 15, Article IV Noise Control. shout, 473
make any outcry, blow a horn, ring a bell, or use any sound device, including 474
loudspeaking, radio or sound amplifying system, upon any streets, alleys, parks or other 475
public places of the village, or upon any private premises in the village where same is 476
capable of being plainly heard upon the streets, avenues, alleys, parks or other places, 477
for the purpose of attracting attention to permit these business activities. 478
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Section 3. Conflicting Provision. Any provisions of the Code of Ordinances of 481
Miami Shores Village, Florida, in conflict with the provisions of this Ordinance are hereby 482
repealed, but only to the extent of such conflict. 483
Section 4. Severability. That the provisions of this Ordinance are declared to 484
be severable and if any section, sentence, clause, or phrase of this Ordinance shall, for 485
any reason, be held to be invalid or unconstitutional, such decision shall not affect the 486
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but 487
they shall remain in effect, it being the legislative intent that this Ordinance shall stand 488
notwithstanding the invalidity of any part. 489
Section 5. Codification. That it is the intention of the Village Council and it is 490
hereby ordained that the provisions of this Ordinance shall become and be made a part 491
of the Code of Ordinances of the Miami Shores Village, Florida, that the sections of this 492
Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the 493
word “Ordinance” shall be changed to “Section,” or other appropriate word. 494
495
Section 6. Effective Date. That this Ordinance shall become effective 496
immediately upon adoption on second reading. 497
498
[SIGNATURE PAGE TO FOLLOW] 499
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PASSED and ADOPTED this ____ day of ___________, 2023. 501
502
First Reading: March 21, 2023 503
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Second Reading: April 4, 2023 505
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Attest: 508
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____ 511
Ysabely Rodriguez, CMC Sandra Harris 512
Village Clerk Mayor 513
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APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 517
518
519
520
Weiss, Serota, Helfman, Cole + Bierman, P.L. 521
Village Attorney 522
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FINAL VOTES AT ADOPTION
Council Member Alice Burch
Council Member Wesley Castellanos
Council Member Timothy Crutchfield
Vice Mayor Daniel Marinberg
Mayor Sandra Harris
Yes
Yes
Yes
Yes
Yes
4th April