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1 ORDINANCE NO. ____ _
2
3 An Ordinance amending Chapter 15, titled "Offenses and miscellaneous
4 provisions", Article III, Section 15-82.1, titled "Excessive noise or music
5 from motor vehicles" adding a regulation as to idling vehicles.
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8 WHEREAS, commercial operators of vehicles with diesel engines are prone to
9 leave their engines running so they can operate their air conditioning while waiting for
10 their next assignment; and
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12 WHEREAS, an idling diesel engine is louder than an idling gasoline engine; and
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14 WHEREAS, idling diesel engines operated within 200' from a residential
15 property are extremely annoying; and
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17 WHEREAS, the City desires to amend Chapter 15, titled "Offenses and
18 miscellaneous provisions", Article III, Section 15-82.1, titled "Excessive noise or music
19 from motor vehicles" adding a regulation as to idling vehicles.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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24 Section 1. Chapter 15 titled "Offenses and miscellaneous provisions", Article
25 15-82.1, titled "Excessive noise or music from motor vehicles", of the Code of
26 Ordinances, City of South Miami, Florida, is hereby amended and shall read as follows:
27
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29 Sec. 15-82.1. -Excessive noise or music from motor vehicles.
30 (A)W It shall be unlawful for any person owning, operating or occupying any motor
31 vehicle as defmed in F.S. Ch. 316.003(21), in the city at any time to cause or suffer or
32 allow any loud, unnecessary, excessive or unusual noises in the operation of the motor
33 vehicle where the noise is plainly audible at a distance of one hundred (100) feet from
34 the motor vehicle. The provisions of this ordinance shall exclude any motor vehicle
35 which has not been modified for the purpose of emitting loud noises.
36 (B)t9j It shall be unlawful for any person owning, operating or occupying any motor
37 vehicle as defmed in chapter 316.003 (21), Florida State Statutes, in the city at any
38 time to cause or suffer or allow any loud, unnecessary or excessive music to emanate
39 from the vehicle where the music is plainly audible at a distance of 50 feet from the
40 motor vehicle.
41 CC)fej It shall be unlawful for any commercial diesel vehicle to remain standing and
42 running within 200 feet of a residential neighborhood or a home.
43 (1) Idling Control Measure.
44 Ca) A driver of a commercial diesel vehicle:
45 (i) must tum off the vehicle engine upon stopping within 200 feet
1 of a residential neighborhood or a home, and must not turn the vehicle engine
2 on more than 30 seconds before beginning to depart from the area; and
3 (ii) must not cause or allow the vehicle to idle at any location within 200 feet
4 from a residential neighborhood or a home for:
5 (I) more than five consecutive minutes; or
6 (2) a period or periods aggregating more than five minutes in anyone hour.
7 (2) A business establishment that receives deliveries from a commercial diesel
8 vehicle must ensure that the vehicle driver or the driver's employer is informed prior
9 to making any deliveries, in writing, of the requirements in (qO)' and of the
10 consequences, under this section and must maintain copies of all such notifications
11 and proof of delivery of same for a period of one (1) year.
12 (3) Exemptions. This section does not apply for the period or periods during which:
13 (a) idling is necessary while stopped for the following reasons:
14 (i) for an official traffic control device;
15 (ii) for an official traffic control signal;
16 (iii) for traffic conditions over which the driver has no control, including, but
17 not limited to: stopped in a line of traffic; or
18 (iv» at the direction of a peace officer;
19 (b) idling is necessary, for a period not to exceed three to five minutes (as per the
20 recommendation of the manufacturer), to cool down a turbo-charged diesel engine
21 before turning the engine off;
22 (c) idling is necessary and limited to that which is necessary while performing the
23 work for which the vehicle was designed, for example:
24 (i) collection of solid waste or recyclable material by an entity authorized by
25 contract, license, or permit by a school or local government;
26 (ii) operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary equipment
27 other than a heater or air conditioner;
28 (iii) however, idling merely to wait until the work is to be performed shall not
29 be considered necessary.
30 CO idling is necessary to operate:
31 (i) a lift or other piece of equipment designed to ensure safe loading, unloading,
32 or transport of persons with one or more disabilities; or
33 (ii) a heater or an air conditioner of a bus or vehicle that has, or will have, one
34 or more children and the children are not allowed to exit the vehicle due to
35 reasonable safety concerns or by reason oflaw;
36 (4) Penalties. Any person who violates subsection (qO) above, including the driver,
37 the person or entity that hires the offending driver, as well as the person or entity who
38 ordered the goods being delivered by said driver, shall pay a fine of!$150. for the first
39 offense and the fme shall double for each subsequent offense. However, the person
40 or entity that hired the driver or that ordered the goods being delivered shall not be
41 fmed if that person or entity has written proof that notice was given to the driver or, in
42 the case of the person that ordered the goods, to the driver's employer, of the
43 requirements in (q(l), and of the consequences, under this section
44
45 Section 2, Codification. The provisions of this ordinance shall become and
46 be made part of the Code of Ordinances of the City of South Miami as amended.
Page 2 of3
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2 Section 3. Severability. If any section, clause, sentence, or phrase ofthis
3 ordinance is for any reason held invalid or unconstitutional by a court of competent
4 jurisdiction, this holding shall not affect the validity of the remaining portions of this
5 ordinance or the Guidelines adopted hereunder.
6
7 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and
8 all sections and parts of sections of ordinances in direct conflict herewith are hereby
9 repealed.
10
11 Section 5.
12 enactment.
13
Effective Date. This ordinance shall become effective upon
14 PASSED AND ENACTED this __ day of , 2016.
15
16 ATTEST: APPROVED:
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CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 3 of3
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and.
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·PAPE:
"
,Before the undersigned authority personally appeared
OCTELMA V. FERBEYRE, who on oath says that he or she is
the VICE PRESIDEN,T, Legal Notices of the Miami Daily
Business Review flk/a Mia.mi Review, a daily (except
Saturday, Sunday and legal Holidays) newsp,aper,
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 OF PUBLIC HEARING
CITY OF SOUTH MIAMI-APRIL 5, 20.16
in the XXXX Court,
was published in said newspaper in the issues of
'03/18/2016
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 the. first
publication of the" attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund-for the purpose "of securing this advertisement for
""'-~
Sworn to and subscribed before me this
18~d~
(SEAL)
OCTElMA V. FERBEYRE personally known to me
""I I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICIlIS HIlRIlBY gi ... 1hat the City Commission of the
city .of South Misml, ",,11 eonduot PubIW, ~;:::~. atitsnmuJar~:~Ci~.ty~;~~~:.;!"'!heduIod~:~f<S~~1 April 5. 2016t
Cham""'",
AR .... UtioofOrspooialll8O~!opormit.geJioral ... _, at 6144 s. nooellighway.
A..Resolution approving an .application for a-waiVer-of
.If ....... (lOlkiug 1'P""" requDemenls 1m the property
1 ... ted.,6144 S. Di";. Highway.
(
A. OnIinan""ammuling Chaptor 15, \itled "OIfo .... )
and-_ miscellanerius piuvisions!l; Article ~ SectKm
-JS-S2.I~-titJt:ld ~w noise Or IDWlic:nmn mOw..
wlDcles:" aAlding ,II regulation -as to idling: Whic~cs., -
Ao Ordiuan"",dapling' 20"'Y"" _ supply facililieo
worlcpIlm .. ~......,.ding the <ity's""""""bemiw pI ..
!o~coordinationbei.-n """"' .uppJyand
10<aI1and _ planning .. teq<Dred byFloridaLaw.
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For further inlimoat!on, pI ..... ontact the City Clerli's
Offioo at 3OS-<i6:H\340.
. CltyC1erk
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