_add-on b)Add-On b)
Sponsored by: Vice Mayor Welsh
City Commission Meeting: 3-15-16
ORDINANCE NO. ______________ 1
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An Ordinance amending Chapter 15, titled “Offenses and miscellaneous 3
provisions”, Article III, Section 15-82.1, titled “Excessive noise or music 4
from motor vehicles” adding a regulation as to idling vehicles 5
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WHEREAS, commercial operators of vehicles with diesel engines are prone to 8
leave their engines running so they can operate their air conditioning while waiting for 9
their next assignment; and 10
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WHEREAS, an idling diesel engine is louder than an idling gasoline engine; and 12
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WHEREAS, idling diesel engines operated within 200' from a residential 14
property are extremely annoying; and 15
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WHEREAS, the City desires to amend Chapter 15, titled “Offenses and 17
miscellaneous provisions”, Article III, Section 15-82.1, titled “Excessive noise or music 18
from motor vehicles” adding a regulation as to idling vehicles. 19
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 21
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 22
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Section 1. Chapter 15 titled “Offenses and miscellaneous provisions”, Article 24
15-82.1, titled “Excessive noise or music from motor vehicles”, of the Code of 25
Ordinances, City of South Miami, Florida, is hereby amended and shall read as follows: 26
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Sec. 15-82.1. - Excessive noise or music from motor vehicles. 29
(A)(a) It shall be unlawful for any person owning, operating or occupying any motor 30
vehicle as defined in F.S. Ch. 316.003(21), in the city at any time to cause or suffer or 31
allow any loud, unnecessary, excessive or unusual noises in the operation of the motor 32
vehicle where the noise is plainly audible at a distance of one hundred (100) feet from 33
the motor vehicle. The provisions of this ordinance shall exclude any motor vehicle 34
which has not been modified for the purpose of emitting loud noises. 35
(B)(b) It shall be unlawful for any person owning, operating or occupying any motor 36
vehicle as defined in chapter 316.003 (21), Florida State Statutes, in the city at any 37
time to cause or suffer or allow any loud, unnecessary or excessive music to emanate 38
from the vehicle where the music is plainly audible at a distance of 50 feet from the 39
motor vehicle. 40
(C)(c) It shall be unlawful for any commercial diesel vehicle to remain standing and 41
running within 200 feet of a residential neighborhood or a home. 42
(1) Idling Control Measure. 43
(a) A driver of a commercial diesel vehicle: 44
(i) must turn off the vehicle engine upon stopping within 200 feet 45
Page 2 of 3
of a residential neighborhood or a home, and must not turn the vehicle engine 1
on more than 30 seconds before beginning to depart from the area; and 2
(ii) must not cause or allow the vehicle to idle at any location within 200 feet 3
from a residential neighborhood or a home for: 4
(1) more than five consecutive minutes; or 5
(2) a period or periods aggregating more than five minutes in any one hour. 6
(2) A business establishment that receives deliveries from a commercial diesel 7
vehicle must ensure that the vehicle driver or the driver’s employer is informed prior 8
to making any deliveries, in writing, of the requirements in (C)(1), and of the 9
consequences, under this section and must maintain copies of all such notifications 10
and proof of delivery of same for a period of one (1) year. 11
(3) Exemptions. This section does not apply for the period or periods during which: 12
(a) idling is necessary while stopped for the following reasons: 13
(i) for an official traffic control device; 14
(ii) for an official traffic control signal; 15
(iii) for traffic conditions over which the driver has no control, including, but 16
not limited to: stopped in a line of traffic; or 17
(iv)) at the direction of a peace officer; 18
(b) idling is necessary, for a period not to exceed three to five minutes (as per the 19
recommendation of the manufacturer), to cool down a turbo-charged diesel engine 20
before turning the engine off; 21
(c) idling is necessary and limited to that which is necessary while performing the 22
work for which the vehicle was designed, for example: 23
(i) collection of solid waste or recyclable material by an entity authorized by 24
contract, license, or permit by a school or local government; 25
(ii) operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary equipment 26
other than a heater or air conditioner; 27
(iii) however, idling merely to wait until the work is to be performed shall not 28
be considered necessary. 29
(f) idling is necessary to operate: 30
(i) a lift or other piece of equipment designed to ensure safe loading, unloading, 31
or transport of persons with one or more disabilities; or 32
(ii) a heater or an air conditioner of a bus or vehicle that has, or will have, one 33
or more children and the children are not allowed to exit the vehicle due to 34
reasonable safety concerns or by reason of law; 35
(4) Penalties. Any person who violates subsection (C)(1) above, including the driver, 36
the person or entity that hires the offending driver, as well as the person or entity who 37
ordered the goods being delivered by said driver, shall pay a fine of $___ for the first 38
offense and the fine shall double for each subsequent offense. However, the person 39
or entity that hired the driver or that ordered the goods being delivered shall not be 40
fined if that person or entity has written proof that notice was given to the driver or, in 41
the case of the person that ordered the goods, to the driver’s employer, of the 42
requirements in (C)(1), and of the consequences, under this section 43
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Section 2. Codification. The provisions of this ordinance shall become and 45
be made part of the Code of Ordinances of the City of South Miami as amended. 46
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Section 3. Severability. If any section, clause, sentence, or phrase of this 2
ordinance is for any reason held invalid or unconstitutional by a court of competent 3
jurisdiction, this holding shall not affect the validity of the remaining portions of this 4
ordinance or the Guidelines adopted hereunder. 5
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Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and 7
all sections and parts of sections of ordinances in direct conflict herewith are hereby 8
repealed. 9
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Section 5. Effective Date. This ordinance shall become effective upon 11
enactment. 12
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PASSED AND ENACTED this ____ day of _____________, 2016. 14
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ATTEST: APPROVED: 16
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________________________ ________________________ 19
CITY CLERK MAYOR 20
1st Reading 21
2nd Reading 22
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 24
LANGUAGE, LEGALITY AND Mayor Stoddard: 25
EXECUTION THEREOF Vice Mayor Welsh: 26
Commissioner Liebman: 27
Commissioner Edmond: 28
________________________ Commissioner Harris: 29
CITY ATTORNEY 30 31