04-21-09 Item 11•
CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor and City Commission Date: April 7'h, 2009
From: Eve A. Boutsis, Office of City Attorney Re: Animal Nuisance
Noises
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE AMENDING CHAPTER
15 BY ADDING SECTION 15 -100.1 ENTITLED "ANIMAL NOISES ";
PROVIDING A VIOLATION FOR FREQUENT, HABITUAL OR CONTINUED
NOISE FROM AN ANIMAL; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. [Sponsored by
Commissioner Valerie Newman].
BACKGROUND AND ANALYSIS:
The City's noise code, found at Chapter 15, provides some general noise enforcement regulations,
• and other code provisions that are more specific, requiring noise meter analysis. For example, the
Current Code, at section Sec. 15 -79, entitled "Unnecessary, excessive or unusual noises — Generally"
states: "It shall be unlawful to make any loud, unnecessary, excessive or unusual noise in the City."
This section is used to cover a number of noise related issues, including barking dog, or animal
complaints. As this section is rather "bland" and as there have been issues in the City relating to
allegations of "excessive animal noises" Commissioner Newman has proposed a revision to the
noise code, in order to include a specific regulation relating to animals. It is within the City's Police
Powers to regulate for the health, safety and welfare of the Community -At- Large. Based upon the
foregoing, the new section, 15 -101, is proposed as follows:
(A) Definition.
For the purpose of defining "excessive animal noise," excessive, shall mean the
habitual frequent, continuous and/or incessant noise for a period of ten (10) minutes
or intermittently for one -half (1/2) hour or more.
(B) Violation.
The owning, harboring, possessing, or keeping of nay dog, cat, animal, or bird which
causes excessive animal noise, which noise is plainly audible from the property line
containing the building, structure, or yard in which the animal or bird is located, is a
violation of this provision of the City's Code.
•
April 7th, 2009
• Excessive Animal Noise Ordinance
Page 2 of 2
Many established cities have enacted a similar code provision to 15 -79, and has been found to be not
that effective, to be able to address the specific issue relating to excessive animal noises. Staff has
reviewed the codes for: Miami -Dade County, Coral Gables, City of Miami, Village of Palmetto Bay,
Pinecrest, City of Miami Beach, Miami Shores, Coral Springs, amongst others. The provision above
is a combination of best practices, particularly modified from Coral Gables and Coral Springs. As
Code Enforcement Staff has encountered difficulty in applying 15 -79 to excessive animal noise
complaints, and as certain complaints relating to same continue, it is recommended to add section
15 -101 to the City's Code to assist Code Enforcement in its compliance efforts.
FISCAL/BUDGETARY IMPACT: None.
RECOMMENDATION: Approval.
40
40
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO NOISE AMENDING
5 CHAPTER 15 BY ADDING SECTION 15 -100.1 ENTITLED "ANIMAL
6 NOISES"; PROVIDING A VIOLATION FOR FREQUENT, HABITUAL OR
7 CONTINUED NOISE FROM AN ANIMAL; PROVIDING FOR
8 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
9 DATE.
10
11 WHEREAS, the Mayor and City Commission of the City of South Miami has enacted
12 laws relating to excessive noise; and,
13
14 WHEREAS, noise pollution can be a severe health, safety and welfare risk to the
15 community at large; and,
16
17 WHEREAS, it is within the City's police powers to enact legislation to protect the health,
18 safety and welfare of the community; and,
19
20 WHEREAS, animals, which are considered personal property, can cause excessive noise
21 and disturb adjacent property owners due to the release of continuous, excessive, habitual, or
22 frequent sounds; and,
23
•24 WHEREAS, the City's general code provision relating to "excessive noise" may not be
25 adequate to address the noise concerns relating to animals; and,
26
27 WHEREAS, the Mayor and City Commission desire to amend the City's noise code to
28 specifically address animal noises.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1. . The City's Code of Ordinances, Chapter 15, is hereby amended to include
34 section 15 -101, and states as follows:
35
36
37
38 Sec. 15 -101. Excessive Animal Noise
39
40 (A) Definition.
41 For the purpose of defining "excessive animal noise," excessive, shall mean the habitual
42 frequent, continuous and /or incessant noise for a period of ten (10) minutes or intermittently for
43 one -half (1/2) hour or more.
44
45
• 46
Additions shown by underlining and deletions shown by ever - g.
Page 1 of 2
• 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
• 24
25
26
27
28
29
30
31
32
33
34
35
•
(B) Violation.
The owning, harboring, possessing, or keeping of nay dog, cat, animal, or bird which causes
excessive animal noise, which noise is plainly audible from the property line containing the
building, structure, or yard in which the animal or bird is located, is a violation of this provision
of the City's Code.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Code of Ordinances.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2009.
ATTEST:.
CITY CLERK
READ AND APPROVED AS TO FORM
Luis R. Figueredo,
Office of City Attorney
APPROVED:
MAYOR
1" Reading —
2 °a Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner`
Commissioner Palmer:
Commissioner Newman:
Additions shown by underlining and deletions shown by ever-striking.
Page 2 of 2