Ord. No. 21-98-1669ORDINANCE NO.?1-Qfi-1fifiQ
AN ORDINANCE OFTHE MAYOR ANDCITY COMMISSION OF
OF THE,CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
THEDELETIONOFTHEWORD "VEHICLE"ANDTHEWORD
"PLAINLY"INSECTION 15-82 OFTHECODEOFORDIN
ANCES OF THE CITY OF SOUTH MIAMI;CREATING
SECTION 15-82A ENTITLED "EXCESSIVE NOISE OR MUSIC
FROMMOTOR VEHICLES"/PROVIDING FOR SEVERABILITY-
ORDINANCES IN CONFLICT AND PROVIDING FORAN
EFFECTIVE DATE,
WHEREAS,Section 15-82 of the City Code of Ordinances
includes vehicles as a violation location whereby noise in excess
of100feetcanbeheard;and
WHEREAS,it is the intent of the Mayor and City Commission to
adopt Section 15-82A of the Code of Ordinances dealing specifically
with motor vehicles;and
WHEREAS,it is the intent of the Mayor and City Commission to
limit loud,unnecessary,excessive or unusual noises,including
music,to not more than 50 feet from the vehicle;and
NOW,THEREFORE,BEIT ORDAINED BYTHE MAYOR AND CITY
COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA:
Section—1_l That Section 15-82,Operation of Radios,
Phonographs or Other Sound-Making Devices;Bands,Orchestras and
Musicians-Generally,of the Code of Ordinances of the City of South
Miamiis hereby amended toread:
SEC.15-82.Operation of Radios,Phonographs or Other Sound-Making
Devices;Bands,Orchestras and Musicians-Generally.
It shall be unlawful for any person owning,occupying or
having charge of any building or premises or any part thereof,in
the City,at any time to cause or suffer to allow any loud,
unnecessary,excessive or unusual noises in the operation of any
radio,phonograph,or other mechanical sound-making devices or
instrument,or reproducing device or instrument,or in the playing
of any band,orchestra,musician or group of musicians,or in the
use of any device to amplify the music of any band,orchestra ,
musician or group of musicians,where the noise or music is «lainiy
audible at a distance of one hundred (100)feet from the building,
structure,vehicle or premises in which or from which it is
produced.The fact that the noise or music is plainly audible at
a distance of one hundred (100)feet from the premises from which
it originates constitutes prima facie evidence ofaviolationof
this article.
Page 2of Ordinance No.21-98-1669
-2-
SfTC^°?2:That Section 15-82A.Excessive Noise or Music from
Motor Vehicles,of the Code of Ordinances of the City of South
Miamibecreated,-as follows:
1:Zt sna11 be unlawful for anv person owning,operating or
occupying any motor vehir.lp *g definedin Chanter 316.003(21)"
Florida Statutes,i^The city »+aflv time to cause or miffpr £
allow any loud,unnecessary,excessive nr unusual noises in thP
operation of the motor vehi n j gj55 the noi jj js plainly a„riiMp
at a distance of 100 £Jjj from the motor vehioTe.^nrnvi.inn.of
this ordinance shall excludP any motor vehicle which has not h^n
modified forthepurposenf emitting loud noises"
2:Tt 5ha11 be unlawful for any person owning,operating or
occupying any motor ^^hiclP jj Hofjned in rioter 316.003 frn .-
Florida State Statutes in thP rH ty g anv timp to cairse or suffpr
°L i°W..f!!Y 'linT1PCes^^nr excessivP mnsjc to emanatP fromthevehiclewherethemusicisplainlyaudihlpgadistantof50
teet from the motor vehir.1 p
or-H-imfS^f?-^"If any section'clause,sentence,or phrase of thisordinanceisforanyreasonheldinvalidorunconstitutionalbya
SSyELE o?m?f ^^risdicti°*'the holding shall not affect thevalidityoftheremainingportionofthisordinance.
Section 4:All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
adoptfofhegeof.^°rdinance be effective immediately after the
PASSED AND ADOPTED THIsJjAY OF °Ct°ber 1998 .
ATTEST APPROVED:
CITY CLERK 77 MAYOR
READAND APPROVED ASTO FORM:COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Oliveros:Yea
Commissioner Bethel:Yea
CITY ATTORNEY f Commissioner Feliu:Yea
1st Reading -10/6/98 Commissioner Russell:Yea
2nd'Reading -10/20/98
£*%//#.
SOUTH MIAMI POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO:MayorandCity Commission DATE:Oct.16,1998
FROM:Charles D.Scurr,/°SUBJ:Agenda Item^Of
City Manager (\\j/l Coram.Mtg.Oct.20,1998
^Second Reading
Section 15-82,Code of
Ordinances
Attached is an Ordinance which creates a new section of the Code of
Ordinances of the City of South Miami.Section 15-82A deals with
noises and music emitting from motor vehicles within city limits.
This Ordinance will limit the volume which a vehicle's radio may be
turned uptoa distance ofnot more than 50feet.The Ordinance
prohibitsa motor vehiclefromemittinga loud noise (non-music)in
excess of 100 feet.Further,the new ordinance specifically
excludes vehicles that have not been modified to purposely emit
loud noise,suchas garbage trucks,etc.Whatit will prohibit are
vehicles which have had modifications made to the engine,exhaust
system,etc.forthesole purpose ofcreating noise.
Section 15-82hasthe word "vehicle"deleted to avoid contradiction
between that section and the new one.
Your concurrence is respectfully requested.
CW/gf/esw
Att.