Item Coversheet

OLD BUSINESS  7.

COMMITTEE MEMORANDUM

TO: Neighborhood/Community Affairs Committee Members


FROM:
Jimmy L. Morales, City Manager


DATE: September 25, 2019


SUBJECT:DISCUSSION REGARDING 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.

ANALYSIS

A referral was origiannly 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.

 

At the July 31, 2019 Commission Meeting the item was discussed and adopted on First Reading with an amendment to modify morning hours to 10:00 a.m., leaving the hours in the evening until 8:00 p.m.

 

Additionally, the item was referred back to the NCAC  to be discussed further prior to Second Reading scheduled for  October 16, 2019.  Specifically, items to be discussed include the impact on single-family homeowners and carving out language in the single-family home area on weekends so those residents can mow their own lawns. 

Applicable Area

Citywide
Is this a Resident Right to Know item? Does this item utilize G.O. Bond Funds?
Yes  No 
ATTACHMENTS:
DescriptionType
Commission After-Action R5I (07/31/2019)Memo