| | | | | | | |  | Ordinances - R5 I
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | July 31, 2019 | | | | First Reading
| | SUBJECT: | AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED," BY AMENDING THE HOURS PROHIBITING POWER TOOLS AND LANDSCAPING EQUIPMENT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| Adopt the Ordinance on First Reading amending the hours prohibiting the use of power tools and landscaping equipment and set for Second Reading Public Hearing. |
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| | | | | | | | ANALYSIS
| A referral was made to the Neighborhood/Community Affairs Committee (NCAC) at the May 8, 2019 Commission Meeting to discuss the allowable morning hours on weekends and legal holidays for the use of power tools, maintenance equipment and leaf blowers.
The item was discussed at the June 19, 2019 meeting of the NCAC where the committee agreed that residential quality of life is important, and the noise generated by this type of equipment is at times similar to that of construction work in its noise level. As such, the committee directed Administration to amend Section 46-152(k) so that the allowable hours on Saturdays, Sundays and legal holidays for the use of power tools and landscaping equipment shall match the hours allowed for construction on those days.
The Committee requested an effective date of January 1, 2020 for this amendment to allow for public education and outreach to residents and commercial landscape companies. |
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| | | | | | | | CONCLUSION
| | The Administration recommends the Mayor and City Commission approve the Ordinance on First Reading and set for Second Reading Public Hearing. |
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| | | | | | | | Legislative Tracking
Code Compliance |
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| | | | | | | | Sponsor
Commissioners Mark Samuelian & Michael Gongora |
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