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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 13.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: April 19, 2023
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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:
| 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).
On September 28, 2022 the LUSC discussed the item and continued it to the December 15, 2022 LUSC meeting with direction to the City Attorney and the Administration to work with the City sound consultant on a framework for a pilot program, including establishments that may be willing to participate. The December 15, 2022 LUSC meeting was canceled, and the matter was automatically deferred to January 25, 2023. At the request of the item sponsor, the item was deferred to the February 15, 2023 LUSC meeting.
On February 15, 2023, the item was discussed and continued to the April 19, 2023 meeting, with the following direction pertaining to a revised scope of services from the City acoustical consultant, as well as additional information from the Administration:
1. Expand the data collection timeframe to 30 days.
2. Include 2-4 monitoring periods.
3. Additional information on how the County enforces a decibel-based standard for noise, including the equipment used.
4. Identify areas in the City of Miami Beach where most or many complaints pertaining to noise from commercial establishments come from.
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 an 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. As noted previously, 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. This standard is also less likely to result in a successful legal challenge 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.
UPDATE – February 15, 2023 LUSC
At the direction of the LUSC, members of the Administration (Code Compliance and Planning) and the City Attorney’s Office held several meetings with the City’s sound consultant, Arpeggio, LLC (Consultant), to discuss a potential scope for a decibel-based noise standard pilot program. The Consultant produced a potential scope for a noise pilot program that included covering the properties fronting Washington Avenue and Collins Avenue between 8th Street and 10th Street.
The scope provided by the Consultant for discussion at the February 15, 2023 LUSC included mapping existing noise that could be used as a baseline for the purpose of creating a future decibel-based noise ordinance. This scope also included the following primary tasks for the “Noise Pilot Program”:
• Identifying potential locations for deployment of stationary sound level meters. It is presumed that a number of these may be installed at elevated locations on utility poles (with applicable approval).
• Perform a site noise survey within the geographic limits of the study area to establish typical sound levels. The survey will be four days/nights in length (presumably Thursday through Monday) and will include the deployment of stationary, unattended logging sound level meters at predetermined locations, as well as Arpeggio representatives roaming throughout the area performing measurements and identifying and manually logging the prominent sources. All equipment will be time-synchronized to allow for correlation of data between the sites.
• Using sound level data collected on site to develop noise heat maps of the area utilizing the commercial SoundPLAN program. The modeling will incorporate topography and buildings and will generate color-coded contours keyed to sound levels (in A-weighted or C-weighted decibels, as appropriate) measured on site.
• Preparation of a report summarizing findings. The report shall include maps and photographs, SoundPLAN heat maps, graphs, and tables to fully describe the sonic environment over the course of our survey. The report shall also include general comments with respect to noise ordinance development.
Additionally, the scope included a “Business Owner Opt-in Option”. For businesses that provide authorization, the Consultant would work with the venue’s house sound system and typical music program to generate sound in the interior of the venue. The Consultant would simultaneously take sound measurements in the interior and exterior of the venue. This would be used to determine an average interior sound level that will yield exterior sound at or below a specific target level. If this option is utilized, the consultant would prepare recommendations for sound level meters that could be distributed to local business owners to monitor sound emissions and provide instructions. The scope also included additional optional services, such as drafting a potential noise ordinance.
UPDATE – April 19, 2023 LUSC
At the request of the LUSC, the Consultant has provided a revised scope of services for the pilot program (see attached). The revisions include the following:
1. The data collection period has been increased from four (4) days to thirty (30) days/nights in length and includes the deployment of stationary, unattended sound level logging meters at predetermined locations. Up to three (3) Arpeggio representatives will be on site for three (3) days to install the meters and roam throughout the area performing measurements and identifying and manually logging the prominent sources. Up to three (3) Arpeggio representatives will return after thirty (30) days to retrieve the meters, and all equipment will be time-synchronized to allow for correlation of data between the sites. The cost for this component remains at $110,300.
2. The cost for additional monitoring periods (up to 4) have been provided. Arpeggio representatives shall attend the survey for one (1) or more four (4)-day periods to roam the area and perform measurements, identifying and manually logging prominent sources. The cost for this component is $18,200 per visit.
The Code Compliance Department has advised that Miami-Dade County currently uses the reasonable persons standard for noise enforcement but is contemplating a conversion to a decibel-based standard. Although County personnel are training to use decibel readers, no information regarding equipment is available at this time since the County Commission has not approved the actual conversion to a decibel-based standard. Additionally, Code Compliance will be putting together a list of what other municipalities use to measure noise and will be able to discuss these findings at the April 19, 2023 LUSC meeting.
Finally, as it pertains to areas in the City of Miami Beach where most or many complaints pertaining to noise from commercial establishments come from, attached is a chart put together by the Code Compliance Department, which summarizes noise complaints over the last year. A representative from Code Compliance will be available to discuss this chart at the April 19, 2023 LUSC meeting.
SUMMARY
If endorsed by the LUSC, approval by the full City Commission would be required for the pilot program described herein to move forward. Additionally, as this would be an expenditure that was not budgeted for FY 2023, the proposal would need to be made part of the planning for the upcoming FY 2024 budget. Otherwise, funding would need to be identified from another source.
The pilot program described herein is thoughtful and has some worthwhile components in terms of the measurement of sound on a broader basis. Notwithstanding, the Administration does not believe it would be able to fully address all factors in the travel of loud music, particularly those variables outside the control of the establishment generating the music, such as weather, temperature, and background noise. Additionally, the overall cost is very high and from a fiscal standpoint the Administration would not recommend such an expenditure, at least for the current fiscal year.
Ultimately the true test as to whether music and other noise generated by a particular establishment is audible from an affected property is just that – the impact experienced at a particular residential property or residential units. In this regard, a decibel-based system would, potentially, mandate a fixed decibel level that would either be codified by ordinance or in a development order. Even if that decibel level were not exceeded, the sound or music could, potentially, still be plainly audible within an adjacent residential area due to other, unforeseen factors. In these instances, the city would have no recourse other than to either modify an ordinance, or request that the Planning Board modify a conditional use permit (CUP).
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| | | | | | | | CONCLUSION:
| | In conclusion, and as noted previously, the Administration continues to recommend 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. The Administration recommends that the Land Use and Sustainability Committee discuss and conclude the item with no further action. |
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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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