Ord. No. 16-81-1110^>
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ORDINANCE NO.16-81-1110
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,AMENDING CHAPTER 15 OF THE CODE
OF ORDINANCES OF THE CITY OF SOUTH MIAMI,
FLORIDA,BY ADDING IMMEDIATELY AFTER
SECTION 15-78,ARTICLE III,ENTITLED:
"NOISE",CONTAINING SECTIONS 15-79
THROUGH SECTION 15-9 6,WHICH SECTIONS
REGULATE NOISES IN THE CITY HAVING TO
DO WITH RADIOS,PHONOGRAPHS OR OTHER SOUND-
MAKING DEVICES,BANDS,ORCHESTRAS AND
MUSICIANS,JUKE BOXES,PERMITS,SOUND-
TRUCKS,BELLS,PANS,PAILS,WHISTLES,GONGS,
HORNS,STEAM WHISTLES,COMBUSTIBLES,PILE-
DRIVERS,STEAM SHOVELS,PNEUMATIC HAMMERS,BLOWERS,
POWER FANS,INTERNAL COMBUSTION ENGINES,MUFFLERS,
SOUND AMPLIFICATION FROM AIRCRAFT,AND PROVIDING
FOR SEVERABILITY;REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR A PENALTY;AND PROVIDING WHEN THIS
ORDINANCE SHALL TAKE EFFECT.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Chapter 15of the Code of Ordinances
of the City of South Miami,Florida,be,and the same is hereby
amendedby adding immediately after Section 15-78thereof,the
following Article III,containing Sections 15-79 through
Section 15-96,to-wit:
"ARTICLE III.NOISE
Sec.15-79.Unnecessary,Excessive or Unusual Noises -
Generally.
Itshallbe unlawful tomakeany loud,unnecessary,
excessiveorunusualnoiseinthe City.
Sec.15-80.Same -Near Hospitals and Schools.
It shall be unlawful for any person,by himself orby
theoperationofany instrument,agencyor vehicle,to
make any unnecessary or unseemly noises within one hundred
feet ofany portion of the grounds and premises on which
islocatedahospitalorother institution reserved for
the sick,or any school during school hours.The City
Manager shall place as many signs ashemaydeem proper
within ornear zones hereby created,calling attention
tothe prohibition against unnecessarynoiseswithin
such zones.
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"Section 15-81.Loud or Boisterous Noises Generally.
No person shall create any loud or boisterous noise
which may annoy persons onany street or sidewalk orin
any building adjacent thereto.
Section 15-82.Operation of Radios,Phonographs or
other Sound-Making Devices;Bands,
Orchestras and Musicians -Generally.
It shall be unalwful 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 or allow anyloud,unnecessary,excessive or
unusual noises in the operation of any radio,phonograph,
or other mechanical sound-making device 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 ofany
band,orchestra,musician or group of musicians,where
the noise or music is plainly audible at a distance of
one hundred feet from the building,structure,vehicle
or premises in which or from which itis produced.The
fact that the noise or music is plainly audible ata
distance of one hundred feet from the vehicle or premises
from which it orginates constitutes prima facie evidence
of a violation of this Article.
Sec.15-83.Same -Hours of Operation of Juke Boxes,
Radios,etc.
It shall be unlawful for any person owning,occupying or
having charge ofany business establishment,orany part
thereof,in the City,to cause or suffer to cause the
playing or operating of music boxes,juke boxes,radios,
musical instruments orany other musical devices on or
about the premises between the hours of 11:00 P.M.and
7:00 A.M.the following day,unless such music boxes,
juke boxes,radios,musical instruments and other devices
are played or operated ina closed building and the sound
is not audible from outside the building soasto disturb
the quiet,comfort or repose of persons in any dwelling,
hotel or other type of residence.Upon a second conviction
of violation ofthis Section,the Presiding Judge may,at
his discretion,revoke and terminate any license issued
under this Code to the Licensee.
Sec.15-84.Permit Required for Use of Sound Trucks,etc.
No sound truck or other vehicle equipped with amplifier
or loudspeaker shall be driven upon any street for the
purpose of selling,offering for sale or advertising in
any fashion orforany other use whatsoever,except in
accordance with a permit issued by the Chief of Police.
Such permit shall only be issued by the Chief of Police
after approval bythe City Manager,upon recommendation
by the Chief of Police.
Sec.15-85.Ringing Bells,Beating Pans,Pails,etc;
Whistles and Gongs.
It shall be unlawful forany person to ring any hand bell,
beat or strike anypan,pail or other like article,or
sound any gong or blow any whistle or horn,or other than
musical instrumentswhenusedaspartofabandofmusic
or orchestra,except to give necessary signals upon a
motor vehicle,motorcycle,bicycle or similar vehicle;or
to cry out the sale of goods,wares or merchandise;or to
make,aid,continueor encourage orassistinmakingany
other loudorunusualnoisesonthestreetsoftheCity.
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"Sec.15-86.Use of Horns or Warning Devices.
It shall be unlawful in the City to sound any horn or
signal device on any vehicle unnecessarily atanytime
inanyquietzoneorother place,ortouseanysuchhorn
orsignaldeviceforgivingor making asignalnotnecessary
fortrafficsafety purposes.Suchhornsorsignaldevices
shall not be used inthe City for advertising purposes.
Sec.15-87.Barbecues,Soft-Drink Stands and Restaurants.
It shall be unlawful toblow,ring or sound any automobile
horn,chimeorbellonoraboutpremisesusedinconjunction
with the operation ofany barbecue or soft-drink stand or
restaurant where such barbecue or soft-drink stand or
restaurant premises are located within a distance ofone
hundred feet from improved residential property,unless
suchblowing,ringing or sounding shall be necessary for
the protection of life or property.
Sec.15-88.Steam Whistles.
It shall be unlawful to blow any steam whistle except as
follows:
For an alarm offire;upon locomotive engines for
the purpose only of giving necessary safety signals;
upon stationary engines in factories or other industrial
establishments at the time of beginning or quitting work
in such establishments;upon vessels,craft and floats for
the purpose of giving only necessary marine signals.
Air-raid warning signals are hereby excepted.
Sec.15-89.Discharge of Combustibles.
It shall be unlawful to fire or discharge a gun,squibs,
crackers,gunpowder or other combustible substance in
the streets or elsewhere for the purpose of making noise
or disturbance,except upon proclamation or by written
permission of the City Manager.
Sec.15-90.Whistles or Gongs Similar to those on
Emergency Vehicles.
It shall be unlawful for any person to carry or use
upon any vehicle any gong or siren whistle similar to
that used on ambulances or vehicles of the police or fire
departments.
Sec.15-91.Pile-Drivers,Steam Shovels,Pneumatic
Hammers,etc.
It shall be unlawful for any person in conducting any
building operations between the hours of 10:00 P.M.and
7:00 A.M.to operate or use any pile-driver,steam shovel,
pneumatic hammer,derrick,steam or electric hoist or
other apparatus,the use of which is attended by loud or
unusual noise,except by written permission of the City
Manager,and then only in case of emergency.
Sec.15-92.Emission of Steam and other Gases.
It shall be unlawful to permit or cause the emission of
steam or other gases if such emission cannot be done without
the production of disturbing noises.
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"Sec.15-93.Noise-Creating Blowers,Power Fans or
Internal Combustion Engines*
It shall be unlawful to operate or cause tobe operated
any noise-creating blower or power fanor any internal
combustible engine,the operation of which causes noises
due to the explosion of operating gases or fluids,unless
the noise from such blower or fan is muffled and such
engine is equipped with a muffler device sufficient to
deaden such noises,so that the same shall not cause
annoyance to the public or disturb the rest and quiet of
persons residing or occupying property near enough thereto
to be annoyed by the unmuffled blower,fan or exhaust of
any such engine.
Sec.15-94.Muffler for Motorboats.
It shall be unlawful for any person to operate,or for
the owners of any motorboat or outboard motorboat to
permit same tobe operated upon any river,bay or waterway
in the City unless such motorboat or outboard motorboat is
equipped with an adequate muffler,which muffler shall not
be open or cutout while the boat is being operated.
Sec.15-95.Soud Amplification from Aircraft Prohibited.
No person shall operate,or cause to be operated,in or
over the City any aircraft for any purpose with sound
amplifying equipment in operation,and no person shall
operate,or cause to be operated,in or over the City,any
aircraft for commercial sound advertising purposes.
The word 'aircraft',as used in this Section,shall mean
any contrivance used or designated for navigation or for
flight in the air.The word 'aircraft'shall include
helicopters and lighter-than-air dirigibles and balloons.
The words •sound and amplifying equipment'shall mean any
machine or device for the amplification of music,the human
voice or any other noise or sound for the purpose of
disseminating such music,human voice or any other noise or
sound to persons on the ground.'Sound amplifying equipment'
shall not be construed as including warning devices on
authorized emergency aircraft or any horns or other warning
device used only for traffic safety purposes.
Sec.15-96.Penalty.
Any person who violates any term,condition or provision
of Sections 15-79 through 15-95,upon conviction of such
violation before a court of competent jurisdiction,shall
be punished as provided in Section 1-8 of this Code."
Section 2.If any portion of this Ordinance is
declared by a court of competent jurisdiction tobe invalid or
unenforceable,such declaration shall not be deemed to affect
the remaining portions of this Ordinance.
Section 3.All Ordinances or parts of Ordinances
inconsistent orin conflict herewith be,and the same are hereby
repealed insofar as there is conflict or inconsistency.
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Section 4.This Ordinance shall take effect
immediately atthe time ofits passage.
PASSED and ADOPTED this 4-th day of August ,19 81
APPROVED:
Attest:
-C&^J
City Clerk
Passed on First Reading:
Passed on Second Reading
7/21/81
8/4/81
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