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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 21.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: September 28, 2022
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| | | | | | | | | TITLE: | DISCUSS THE CONVERSION OF NOISE VIOLATIONS FROM AN EXCESSIVE AND UNNECESSARY STANDARD TO A DECIBEL-BASED SYSTEM, AND THE IMPLEMENTATION OF A PILOT PROGRAM REQUIRING DECIBEL METERS FOR CERTAIN BUSINESS ESTABLISHMENTS |
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| | | | | | | | HISTORY:
| HISTORY
On July 20, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion item to the Land Use and Sustainability Committee (C4 B).
BACKGROUND
As noted in the attached referral memo, the item sponsor has requested that the City Administration and City Attorney’s Office be prepared to address at the LUSC meeting the feasibility, practicality, legality, anticipated effectiveness, and any estimated costs associated with the conversion to a decibel-based noise violation system. The sponsor also seeks feedback regarding the potential adoption of a City Ordinance which, for a defined period of time (Pilot Program), would require business establishments that have music or entertainment, whether live or prerecorded, to place a decibel reader in the interior of such establishment to provide an alert to the establishment and the City when the noise generated from such music or entertainment exceeds a certain decibel threshold. |
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| | | | | | | | ANALYSIS:
| Representatives from the Administration (Code Compliance, Planning and the City Manager’s Office) met with representatives of the City Attorney’s office to discuss the item proposal. The following are the conclusions reached by the Administration and the City Attorney’s Office:
1. The current standard used for determining noise infractions (excessive and unnecessary noise) is objective and has withstood judicial scrutiny. As a result this standard is less likely to be challenged than a decibel-based system.
2. A pilot program that requires entertainment establishments to place a decibel reader within the confines of the establishment may be feasible. However, depending upon the requirements established regarding the location of the readers, and the transmittal of information generated by the reader, there could be issues with First and Fourth Amendment rights. Such a program would need to be carefully crafted, and ideally agreed to by the establishment owners.
In summary, it is recommended that the existing standard used for determining noise infractions (excessive and unnecessary noise) remain in place and that the City not move forward with a decibel-based system. Representatives from Code Compliance and the City Attorney’s office will be available at the LUSC meeting to answer any specific questions. |
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide any applicable recommendations to the City Commission. |
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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? | | | Yes | | No | |
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