| | | | | | | | | TO: | Public Safety and Neighborhood Quality of Life Committee Members |
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| FROM:
| Alina T. Hudak, City Manager
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| | DATE: | May 17, 2022
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| | SUBJECT: | DISCUSSION REGARDING THE POTENTIAL UTILIZATION OF INNOVATIVE CAMERA TECHNOLOGY TO ADDRESS VEHICULAR NOISE IN THE CITY. |
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| | | | | | | | HISTORY:
| | Commissioner Meiner co-sponsored by Commissioner Samuelian placed a referral to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) on the April 06, 2022 City Commission Meeting agenda to discuss the potential use of innovation in cameras to address vehicular noise throughout the city. |
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| | | | | | | | ANALYSIS
| The use of camera technology has proven an effective tool in law enforcement. License Plate Reader (LPR) cameras, red-light cameras, and Closed-Circuit Television (CCTV) cameras are utilized in Miami Beach and throughout the country to great effect. It stands to reason that expanding the use of cameras for other novel purposes could have similar results. Based on a recommendation from this committee, the Miami Beach Police Department conducted preliminary research into the use of camera technologies for the purpose of addressing vehicle noise in Miami Beach. The research and conclusions with potential next steps are detailed below.
Two locations within the United States are currently undertaking pilot projects: New York City, New York and Knoxville, Tennessee. (Newark, New Jersey is also exploring the use of cameras but has not yet initiated a formal program.) The Knoxville program does not appear to have begun, and no analyzable data is available from which to draw conclusions. The only domestic program to review, therefore, was New York City’s pilot project.
This noise camera pilot program was not undertaken by the New York Police or Code Enforcement Departments but rather falls under the jurisdiction of the New York City Department of Environmental Protection (DEP). The system used detects vehicles with noise levels above 85 decibels at a minimum distance of 50 feet, setting off a camera that then captures a video of the vehicle emitting the noise and of its license plate. DEP noise enforcement staff reviews the video and sends the owner of the vehicle a notice to bring the vehicle to a DEP facility to be inspected.
Operationally, the DEP pilot program appears to only address exhaust noise violations with no ability to enforce loud music or any other noise under the program’s design. This would prove to be an issue in the State of Florida where vehicle inspections were discontinued many years ago, and therefore, the program does not appear to be analogous with the vision of this committee. Notwithstanding, the cameras in both pilot programs appear to be provided by a company out of the United Kingdom called Intelligent Instruments at a steep approximate cost of $25,000 per unit. The company does not appear to have an operational website, only landing pages, and no additional information is currently available.
Legally, there are a variety of legal and statutory issues to be examined and considered in order to establish a vehicle noise camera violation program. First, a noise camera system in Miami Beach requires the determination of whether an enabling statute is necessary under Florida law. For example, red light camera systems are governed and allowed by virtue of Florida Statute 316.0083 which allows for “traffic infraction detectors” to be used by traffic infraction enforcement officers to issue violations of the specific red light violations. It may be necessary for similar enabling language in Florida Statutes to allow the issuance of noise violations since the regulation and use of cameras looks to be preempted by the state by virtue of 316.0076.
Assuming legal standing, the noise statutes themselves – specifically 316.293, 316.272, and 403.415 – would also have to be examined. These statutes deal with sound level distances and how they are established and limited through the enactment of local ordinances. |
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| | | | | | | | CONCLUSION:
Using cameras to issue noise violations is a novel concept not only in the United States, but also throughout the world. The technologies and systems are still being developed and evolving as programs are implemented. The recommendation of the Miami Beach Police Department is to have the City’s Legal Department evaluate first the pertinent statutes and ordinances and determine whether there is an avenue to issue a violation and which violations could be cited (i.e., loud exhaust system, motor vehicle noise, etc.), and secondly which would be the most appropriate for enforcement action.
Lastly, additional analysis should be carried out to determine whether enabling language is needed to issue camera system technology violations. Without an established regulatory framework or infrastructure for implementing exhaust inspections in Florida as is the case in the New York pilot program, any program implemented in the City of Miami Beach would need to go in a different direction. Research indicates that as such, a substantial amount of further research is necessary by various City departments before any vehicle noise camera enforcement program can be implemented.
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | No | | No | |
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| | | | | | | | Strategic Connection
| | Neighborhoods - Prevent and solve crime for residents and visitors. |
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