141'1
1 Ordinance No. -----
2
3 An Ordinance amending Section 15-93, titled "Noise-creating blowers,
4 power fans, or internal combustion engines, outdoor powered tools
5 and other equipment" of the existing noise ordinance.
6
7 WHEREAS, City residents are entitled to peace and quiet at night and on the
8 weekends and holidays; and
9
10 WHEREAS, the use of loud, mechanized yard maintenance equipment has the
11 potential to interrupt sleep and enjoyment of one's yard, and
12
13 WHEREAS, residents who work may have no other time except weekends to
14 take care of their yards; and
15
16 WHEREAS, certain commercial grade equipment is often larger and louder than
17 consumer grade equipment, even when the engines are properly muffled; and
18
19 WHEREAS, mechanized leaf blowers have been shown to cause respiratory
20 problems by blowing dust and mold particles into the air, and
21
22 WHEREAS, mechanized leaf blowers make particularly annoymg and
23 penetrating sounds; and
24
25 WHEREAS, no economic harm to lawn services has been demonstrated m
26 communities where leaf blowers have been banned outright.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
30
31 Code of Ordinances Chapter 15, Article III shall be amended thus:
32
33 Sec. 15-93. -Noise-creating blowers, power fans 1 or internal combustion engines1
34 outdoor powered maintenance tools and equipment.
35 ~It shall be unlawful to operate or cause to be operated any noise creating blower~--ef
36 pov<'er fan~ or any-intemal combustible engine, which affects harms the quality of life in
37 residential neighborhoods by creating noise measured on other residential properties
38 exceed ing th e dB SPL levels li sted here: .,the-eperation of which causes Iletses due to the
39 e)(plosion of operating gases or fluids, unless the noise from such blower or fan is
40 muffled and such engine is equipped with a muffler device sufficient to deaden such
41 noises, so that the same shall not cause annoyance to the public or disturb the rest and
42 Etl=tiet:--e:f-t=>efSOtJ.S residing or occupyin g property near enough thereto to-'be-a:aH~y-=tlw
43 unmuffled blo'Ner, fan or exhaust of any such engine
1
Cumulative Duration of the Intrusive Sound 7 am-11 pm 11 pm-7 am
(dBA) (dBA)
1. Cumulative period of 30 minutes per hour 55 50
2. Cumulative period of 15 minutes per hour 60 55
3. Cumulative period of 5 minutes per hour 65 60
4. Cumulative period of 1 minute per hour 70 65
5. Level not to be exceeded for any time per hour 75 50
2
3 If the ambient background noise is higher than the tabled maximum, then that value shall
4 be the noise limit for the purpose of this ordinance. The measurement shall be made as
5 close as possible to the real property line on which such sound is generated, or perceived,
6 and approximately five (5) feet above ground. In the case of an elevated or directional
7 sound source, compliance with the sound limits is to be maintained at any elevation at or
8 beyond the real property line.
9
10 (b) At the following times it shall be unlawful to operate or cause to be operated out-of-
11 doors within 75 feet of any occupied single-unit residential property, or a unit of a multi-
12 residential building, ("Effected Property' ),other than the property to which the operation
13 is being applied, without the written consent of the head of the household or one of the
14 tenants over the age of ] 8 years of the olher Effected Property, any noise-producing yard
15 maintenance equipment including lawn mowers, lawn edgers, weed trimmers, leaf
16 b lowers, chain saws, chippers. stump grinders, pressl.:n-e washers, compressors:
17
18 (1) Commercial operation not pennitted from 6:00 p.m. until 8:00 a.m. on
19 weekdays, nor any time on weekends or on holidays, which are defined in
20 section 15-98 of the City Code.
21
22 (2) Non-commercial operation not permitted from 30 minutes after SlUlset until
23 8:00 a.m. on weekdays or until 9:00 a.m. on weekends.
24
25 (3) Usc or peration during these times may be granted by obtainjng prior
26 written permission of the head of the household of each of the occupied
27 residences located within 75 feet of tbe property where the work will occur.
28 Such permission may be rescinded with one week's prior written notice from the
29 head of the household of any affected property;
30
31 (4) qui,pment tlsed to resolve an emergency condition IS exempt from this
32 ordinance, subject to interpretation by the City Manager.
33
34 eel It shall be unlawful to use machinery in a way that causes objectionable dust or other
35 particulate matter to blow or drift n or througb another resid otial property.
36
37 (d) Use of gasoline powered leaf blowers shall not be permitted within 50 feet of a
2
1 residential zoned property or commercial outside dinning area.
2
3 Section 2: Codification. The provisions of this ordinance shall become and be
4 made part of the Code of Ordinances of the City of South Miami as amended; that the
5 sections of this ordinance may be renumbered or re-Iettered to accomplish such intention;
6 and that the word "ordinance" may be changed to "section" or other appropriate word.
7
8 Section 3. Severability. If any section, clause, sentence, or phrase of this
9 ordinance is for any reason held invalid or unconstitutional by a court of competent
10 jurisdiction, this holding shall not affect the validity of the remaining portions of this
11 ordinance.
12
13 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
14 sections and parts of sections of ordinances in direct conflict herewith are hereby
15 repealed. However, it is not the intent of this section to repeal entire ordinances, or parts
16 of ordinances, that give the appearance of being in conflict when the two ordinances can
17 be harmonized or when only a portion of the ordinance in conflict needs to be repealed to
18 harmonize the ordinances. If the ordinance in conflict can be harmonized by amending
19 its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that
20 portion that needs to be repealed to harmonize the two ordinances shall be repealed.
21
22 Section 5. Effective Date. This ordinance shall become effective upon
23 enactment.
24
25 PASSED AND ENACTED this __ day of ,2013.
26
27 ATTEST: APPROVED:
28
29
30
31 CITY L RK MAYOR
32 1 st Reacting
33 2 nd Reading
34
35 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
36 LANGUAGE, LEGALITY AND Mayor Stoddard:
37 EXECUTION THEREOF Vice Mayor Liebman:
38 Commissioner Newman:
39 Commissioner Harris:
40 Commissioner Welsh:
41 CITY ATTORNEY
3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami. Miami-Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County. Florida; that the attached copy of advertisement.
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JUNE 4,2013
in the XXXX Court.
was published in said newspaper in the issues of
05/24/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday. Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding th e first publication of the
attached copy of advertisement; and affiant further says that he or
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NonCE IS H'EREBY glveJl thil the City Co/Tlmissloo of the €tl)' ,qf
SoUth Mlaml flOrida Will conduct PublIC Hearlng(s) al Its regLilar Gil)' Comml;;slon~flng &CIfeduled 10rTuesday. June 4. 2013, begh~lng at
7100 p.m., In tl\e City ComnllSSton Chamb.an;, 6130 Su~1 Dnve, 10
cojlSlder the {alloWing Itam(s):
A AEIlioIutl on relating 10 !:!o request pursuant to SQCt10n ~3.4{BJ(4)(b) of the laI)d Oevelppmejll <ilO!:1s,for Special Use
Approval 10 locate a walk up re6lau~nt at ~ SW fiT Ave~ue ;
UnjlS E-108-113! Wlthln the Planned Unll Oeyalop'rnen.t -!Xed
Use (pU[!)·Ml!P1PWO as Re!:I Road Commons.
(
An Ottfioanoe amending Section 15-93 . tltled "NOlS&creating)
b19w,e.rs, power rans. or Inlilmal ~USIion engl~es; oUtdoor . powered tOOl$ and other flqulplT\9nt· 01 the extstTng noise
ordinanCe. . .
An Otdinanc8 ~ndlng 8eCIiQll 2O-3.3(Q)(6) P ~teQ Us~
SchedQle. 01 me \Jirid Development Pode ~ proViding fo
addlli6l'1a1 ground flOQr ",nd thIrd floOr ~es for cellain properttes
11\ It)e "SR· SpecialtY Retell" zOning dJS1rlth
-----·sh has.neltlTer p-alctnorpromtsed -any-persorr;iirm on:orpoolra~tLo~n~=~~=~=J.===ilj~~i~I~~ ----.aatly,(jiscounl,;lebale,.c . ·oll.or:.refundJoLthe_purpose_
of.securing t~is _ _ rtJS!'1JTJe nt " r publication in the said ~dm~tilma,;.rmnmftiH!1&
news~~--~ ______ ~ __ __
24 day of MAY ,A.D. 2013
(SEAL)
MARIA MESA personally known to me
Notary PUblic State of Florida
Cheryl H Marmer
My Commission EE 169526
E~pires 07/1812016