Ord No 06-16-2239ORDINANCE NO. 06-16-2239
An Ordinance amending Chapter 15, titled "Offenses and miscellaneous
provisions", Article III, Section 15-82.1, titled "Excessive noise or music
from motor vehicles" adding a regulation as to idling vehicles
WHEREAS, commercial operators of vehicles with diesel engines are prone to
leave their engines running so they can operate their air conditioning while waiting for
their next assignment; and
WHEREAS, an idling diesel engine is louder than an idling gasoline engine; and
WHEREAS, idling diesel engines operated within 200' from a residential
property are extremely annoying; and
WHEREAS, the City desires to amend Chapter 15, titled "Offenses and
miscellaneous provisions", Article III, Section 15-82.1, titled "Excessive noise or music
from motor vehicles" adding a regulation as to idling vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Chapter 15 titled "Offenses and miscellaneous provisions", Article
15-82.1, titled "Excessive noise or music from motor vehicles", of the Code of
Ordinances, City of South Miami, Florida, is hereby amended and shall read as follows:
Sec. 15-82.1. -Excessive noise or music from motor vehicles.
(A)W It shall be unlawful for any person owning, operating or occupying any motor
vehicle as defined in F.S. Ch. 316.003(21), in the city at any time to cause or suffer or
allow any loud, unnecessary, excessive or unusual noises in the operation of the motor
vehicle where the noise is plainly audible at a distance of one hundred (100) feet from
the motor vehicle. The provisions of this ordinance shall exclude any motor vehicle
which has not been modified for the purpose of emitting loud noises.
(B)W It shall be unlawful for any person owning, operating or occupying any motor
vehicle as defined in chapter 316.003 (21), Florida State Statutes, in the city at any
time to cause or suffer or allow any loud, unnecessary or excessive music to emanate
from the vehicle where the music is plainly audible at a distance of 50 feet from the
motor vehicle.
(C)fet It shall be unlawful for any commercial diesel vehicle to remain standing and
running within 200 feet of a residential neighborhood or a home.
(1) Idling Control Measure.
Ca) A driver of a commercial diesel vehicle:
(i) must turn off the vehicle engine upon stopping within 200 feet
Ord. No. 06-16-2239
of a residential neighborhood or a home, and must not tum the vehicle engine
on more than 30 seconds before beginning to depart from the area; and
(ii) must not cause or allow the vehicle to idle at any location within 200 feet
from a residential neighborhood or a home for:
(1) more than five consecutive minutes; or
(2) a period or periods aggregating more than five minutes in anyone hour.
(2) A business establishment that receives deliveries from a commercial diesel
vehicle must ensure that the vehicle driver or the driver's employer is informed prior
to making any deliveries, in writing, of the reguirements in (C)(1), and of the
consequences, under this section and must maintain copies of all such notifications
and proof of delivery of same for a period of one (1) year.
(3) Exemptions. This section does not apply for the period or periods during which:
(a) idling is necessary while stopped for the following reasons:
(i) for an official traffic control device;
(ii) for an official traffic control signal;
(iii) for traffic conditions over which the driver has no control, including, but
not limited to: stopped in a line of traffic; or
(iv)) at the direction of a peace officer;
(b) idling is necessary, for a period not to exceed three to five minutes (as per the
recommendation of the manufacturer), to cool down a turbo-charged diesel engine
before turning the engine off;
(c) idling is necessary and limited to that which is necessary while performing the
work for which the vehicle was designed, for example:
(i) collection of solid waste or recyclable material by an entity authorized by
contract, license, or permit by a school or local government;
(ii) operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary eguipment
other than a heater or air conditioner;
(iii) however, idling merely to wait until the work is to be performed shall not
be considered necessary.
(D idling is necessary to operate:
(n a lift or other piece of equipment designed to ensure safe loading, unloading,
or transport of persons with one or more disabilities; or
(ii) a heater or an air conditioner of a bus or vehicle that has, or will have, one
or more children and the children are not allowed to exit the vehicle due to
reasonable safety concerns or by reason of law;
(4) Enforcement: This section shall be enforced in accordance with the procedure set
forth in Section 2-25 of the City's Code except that a first time offender shall be
issued a written warning.
(5) Penalties. Any person who violates subsection (C)(1) above, including the driver,
the person or entity that hires the offending driver, as well as the person or entity who
ordered the goods being delivered by said driver, after first being given a written
warning, shall pay a fine of Ia. for the first offense after the written warning and
the fme shall double for each subsequent offense. However, the person or entity that
hired the driver or that ordered the goods being delivered shall not be fmed if that
person or entity has written proof that notice was given to the driver or, in the case of
Page 2 of3
Ord. No. 06-16-2239
the person that ordered the goods, to the driver's employer, of the requirements in
(ClOt and of the consequences, under this section
Section 2. Codification. The provisions of this ordinance shall become and
be made part of the Code of Ordinances of the City of South Miami as amended.
Section 3. Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance or the Guidelines adopted hereunder.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
all sections and parts of sections of ordinances in direct conflict herewith are hereby
repealed.
Section 5.
enactment.
Effective Date. This ordinance shall become effective upon
PASSED AND ENACTED this 5th day Of..:..:A=p=-r=il=--__ , 2016.
ATTEST:
~
pt Reading 3-15-16
2nd Reading 4-05-16
Page 3 of3
APPROVED:
MAYOR
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
MIAMI DAILY BUSINESS REVIEW
Pubfished Dally except Se\urday, Sunday and .
. Legal HoUdays
Miami, Mlami-Dede CDUn\y, FlOIida
STATE OF FLORIDA
COUNTY"OF MlAMI.QADE:
.Before the undersigned authOrity ~naIIy. appeared
OCTElMA V.· FERBEVRE, who on oaIh says that he or s~ is
the VICE PRESIDEN.T. Legal. Notices of the Miami Daily
Business· Review flkla Millmi" Review, a. daHy (except
Saturday, SUnday and legal Holidays) n8WSP.BPBr,
published· at Miami in Miami-Dade County, Florida; that the
. attached copy of advertisem~nt, being a Legal ·Advertisement
.of Notice in the matter of
NOTICE C!F PUBliC HEARING·
·CITY OF SOlPH MIAMI-APRILS, 20.115·
in the XXXX Court.
was publis~ in said ~per in ihe issues of
·03/1812016
Affiant further says that the said Miami Daily Business
. Review· is a new5PWl81" published at Miami, in said.
Miami-Dade Counw, Florida and that the said newspaper has
heretofore been sontinuously published in said Miami-Dade
County,: Florida ~ day (except Saturday, Sunday and
Legal Hoiidays) and· has been entered as seCond class mall
matter at. the post .office in ·MialJli in said Miami-Dade County,
Florida, for. a period of One . year next preceding . the first
public.alion of the· attached copy of advertis.ement; and affiant
further says that he or she has nelt~r paid nor promised any
Parson.· finn or corpoiation any .discoun~ rebate, ·commission
or refund. for the· purpose ·of securing this advertisement for
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Swom to and subscribed before me this .
(SEAL)
OCTElMA V. FERBEYRE personally known to me I
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