05-05-09 Item 16•
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.
•
•
1 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
r .,
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(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 52009.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Office of City Attorney
APPROVED:
MAYOR
1St Reading —
2nd Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner
Commissioner Palmer:
Commissioner Newman:
Additions shown by underlining and deletions shown by ^v°kin^g.
Page 2 of 2
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; tllat ttie dttaciled oupy Gf adv64isentent,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - MAY 5, 2009
in the XXXX Court,
was published in said newspaper in the issues of
04/24/2009
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 publication in the said
newspaper.
Sworn to and subscribed before me
24 day of APRIL , A.D. 2009
(SEAL)
V. PEREZ personally known to me
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, May 5, 2009 beginning at
7:30 p.m. in the. City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
Second Reading:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
SPECIAL ELECTION TO FILL A VACANCY FOR AN
UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR
GROUP IV; SCHEDULING THE DAY, PLACE AND TIME OF
THE ELECTION; PROVIDING FOR QUALIFICATION OFi.
CANDIDATES; PROVIDING FOR CLOSE OF ELECTION;
BOOKS; 'APPROVING THE OFFICIAL BALLOT; PROVIDING:
FOR NOTIFICATION; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
CITY'S CODE OF ORDINANCES, AMENDING CHAPTER 12,
ENTITLED "HEALTH AND SANITATION" SECTIONS 12 -8.3
THROUGH 12 -8.4 RELATING TO "LOT MAINTENANCE AND
ABANDONED PROPERTY;" PROVIDING FOR FINES,
STANDARDS FOR LOT MAINTENANCE AND A DETER-
MINATION OF ABANDONED PROPERTY; PROVIDING.
REQUIREMENT THAT- MORTGAGE HOLDERS UPON
ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE
STATE ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF
VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS;
PROVIDING: FOR ORDINANCES IN CONFLICT, CODIFICA-
TION, SEVERABILITY AND AN EFFECTIVE DATE.
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 I
FREQUENT, HABITUAL OR CONTINUED NOISE FROM AN
ANIMAL; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
CITY OF SOUTH MIAMI'S COMMUNITY RELATIONS BOARD
(CRB)-, AMENDING THE DUTIES OF THE CRB TO INCLUDE
WORKING WITH THE HOMELESS IN OUR COMMUNITY, TO
SEEK PROFESSIONAL AND ECONOMIC HELP FOR THE
HOMELESS, AND PROVIDE SENSITIVITY TRAINING TO LAW
ENFORCEMENT AND THE COMMUNITY AT LARGE TO THE
NEEDS OF THE HOMELESS; AND (2) REDUCING THE
NUMBER OF MEMBERS. PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public. that if a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record of the proceedings;
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be based.
4/24. ,. 09- 3- 205/1218732M
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'CALENDAR, FROM 48
tunes by DJ Victor; 7 -9:30 p.m. Mon-
day; St. Matthews Episcopal Church,
7410 Sunset Dr., South Miami; $2.
305- 667.7715.
CLUBS /MEETINGS
Biscayne Bay Young Republicans
Happy Hour and General Meeting:
Discussions on current events and
politics. Meet and learn from political
candidates and government officials.
Meeting starts at 7:30 p.m., following
cocktails and socializing at 6:30 p.m.,
6:30 -9:30 p.m. Tuesday; Senor
Frogs - Coconut Grove, 3480 Main
Hwy., Coconut Grove; call for price.
305 -448 -0990 or miamiyoungre-
publicans.com.
Duplicate Bridge: 12:30 p.m. Monday
and Thursday; Marjorie and William
McDonald Center, 17011 NE19th Ave.,
North Miami Beach; $3.
305- 931.2286.
East Everglades Orchid Society:
Lou Lodyga, founding member and a
former president of the Coalition for
Orchid Species, speaks on Orchid
Species You Can Grow in South F'10 -
ida. The club meets the fourth Tues-
day of the month; 7:30 p.m. Tuesday;
University of Florida - Miami -Dade
Extension Building, 18710 SW 288th
St., Homestead; free. 786.223 -2937
or orchidseeos.com.
Fairchild Tropical Botanic Garden:
10901 Old Cutler Rd., Coral Gables-
NEIGHBORS CALENDAR
fa irchildga rden.org:
e Native Plant Society: Meets onthe
fourth Tuesday of the month in Cor-
bin A: 7:30 p.m. Tuesday; free.
786 - 340 -7914.
e The Tropical Fern and Exotic Plant
Society: Larry Cox, Redland orchid
hobbyist, speaks on Gaphiopedalum
orchids. commonly known as T Topi-
cal Lady Slippers; held in the Corbin
Building. Plants available for raffle
and purchase; 7:30 p.m. Monday;
free. 305- 666 -0219 or tfeps.org.
Human Development Index (HDD-
South Florida Meeting: Features
presentations on virtualization of
services. Special guest is Darien Chi -
moff, HDI's South East Regional
President; 1:30 -4 p.m. Tuesday: Car-
nival Cruise Lines, 3655 NW 87th
Ave., Miami; free. 305- 406 -5040 or
lout hfloridandi.com.
Marine Council Meeting: Bill John-
son, director of the Port of Miami, is
the speaker. Registration starts at
11:45 a.m., followed by the lunch
meeting; noon -1:30 p.m. Monday;
Rusty Pelican, 3201 Rickenbacker
Cswy., Key Biscayne; $25,$20 mem-
bers, reservation required by April
27. 954-523-1004 or Kitty'amiami-
marinecouncil.com.
The North Dade Orchid Club: Marc
Burchette, board member of Fort
Lauderdale Orchid Society, lectures
on Catasetum Alliance, the Orchids
of Mystery. includes blue - ribbon
judging and an orchid raffle; 7 p.m.
Monday: McDonald Center. 17051 NE
19th Ave., room 2, North Miami
/may 4
CITY OF SOUTH MIAMI
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a Special Election
for the City of South Miami for an unexpired term of
Commissioner for Group IV, ending February 9, 2010,
will be held on Tuesday, June 9, 2009 from 7:00 a.m. to
7:00 p.m., in the City Commission Chambers, of the City
of South Miami City Hall at 6130 Sunset Drive.
Qualifying period for this election begins Wednesday,
May 6, 2009 at 9:00 a.m., and ends Tuesday, May 12,
2009 at 5:00 p.m. Registration ends at 5.-00 p.m. sharp
each day-
Inquiries can be made by calling the City Clerk's office
at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
City of South Miami
Beach; free. 305 -788 -0484.
Optimist Club of North Bay Village:
Dinner meeting, Prospective mem-
bers welcome. Meets at various res-
taurants; 6:30 p.m. Wednesday; $11-
$15.305- 758.8188.
Poets and Writers Forum: Monthly
forum in which poets and writers can
share the joy of words. Club meets
the first Saturday of every month; I
p.m, Saturday; North Miami Beach
Public Library. 1601 NE 164th St.,
North Miami Beach; free.
305- 932 -0907.
Tropical Fruit and Vegetable Soci-
ety of the Redland: Features a lec-
ture on tropical fruits and vegeta-
bles, tastings, plant exchange and
horticultural library. Meets on the
last Wednesday of the month; 7:30
p.m. Wednesday; Redland Fruit and
Spice Park, 24801 SW 187th Ave.,
Redland; free. 305- 247.5727 or frui-
tandspicepark.org.
GET /GIVE HELP
April Food Days Mega Food Drive:
Donation drive to help the hungry
and homeless. Donations can be pur-
chased at any Whole Foods Market
in Miami -Dade or Broward counties.
Other food donations. including
canned vegetables and meat, dried
pasta, instant potatoes. boxes cere-
als and dried milk can be dropped off
at any Miami Rescue Mission center.
Presented by the Miami Rescue Mis-
sion and 9roward Outreach Centers
(Miami, Hollywood and Pompano)
along with Whole Foods Market;
through Thursday. 305 -571 -2273 or
305 - 572.2040 or miamirescuemis-
sion.com.
Baptist -South Miami Regional Can-
cer Program: Offers comprehensive
cancer services, which provide the
latest information on cancer - related
services, support groups, educa-
tional programs and clinical research
trials at Baptist, Baptist Children's
and South Miami Hospitals. The pro-
gram is staffed by a registered nurse,
who explains wide variety of services
including, early detection screen-
ings, diagnostic services, treatment
options, rehabilitation, reconstruc-
tion andchildren's cancer services:
8:30 a.m.-4 p.m. Monday- Friday.
786 -596 -2430 or 800 -599 -2456.
Depression and Bipolar Support
Alliance: Helps the affected on their
road to recovery; 7 p.m. Tuesdays;
Beth Moshe Congregation, 2225 NE
121st St., North Miami; free.
786 -514 -6229.
Donate Used Cell Phones for Sol-
diers: Security Self Storage teams
with Cell Phones for Soldiers to col-
lect used cell phones, which are then
recycled. Benefits the purchase of
calling cards for the soldiers on
active duty. Official drop -off loca-
tions in all 14 stores throughout Flor-
ida and are posted on the website;
through Thursday. 561 -272 -1550 or
secu rityselfstoragefl.com.
Mental Health Support for Eco-
nomic Losses: Licensed mental
health professionals help Miami -
Dade County residents affected by
the recent financial crisis in dealing
with the stress and anxiety caused
by job losses, home foreclosures and
other economic concerns; 5 -6 p.m.
Thursday; Jackson South Commu-
nity Hospital, 9333 SW 152nd St., Pal-
metto Bay; free. 305- 355 -8234.
Smoking Cessation Support Group:
For people 18 and up who are trying
to stop smoking or who have
stopped smoking. Meets every sec-
ond and fourth Tuesday of the
month; 5:30 -6:30 p.m. Tuesday; Pul-
monary Rehabilitation, 6250 Sunset
Dr., Miami: free. 786- 662 -8484.
-TURN TO CALENDAR, 52
(V
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings
at its regular City Commission meeting scheduled for Tuesday, May 5, 2009 beginning at 7:30 p.m. in the City
Commission Chambers, 6130 Sunset Drive, to consider the following items:
Second Reading;
Reading Reading;
ORDINANCE RELATING TO SPECIAL ELECTION TO FILL A VACANCY FOR AN UN- EXPIRED TERM OF THE
CITY COMMISSIONER FOR GROUP N; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION;
PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
APPROVING THE OFFICIAL BALLOT.
AN ORDINANCE RELATING TO THE CITI"S CODE OF ORDINANCES, AMENDING CHAPTER 12, ENTITLED
"HEALTH AND SANITATION" SECTIONS 12 -8.3 THROUGH 12 -8.4 RELATING TO "LOT MAINTENANCE
AND ABANDONED PROPERTY;" PROVIDING FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A
DETERMINATION OF ABANDONED PROPERTY; PROVIDING REOUIREMENT THAT MORTGAGE HOLDERS
UPON ENACTMENT OF HOUSE BILL 211, TO REGISTER WITH THE STATE ON ANNUAL BASIS TO
ENSURE PROPER NOTICE OF VIOLATIONS /CITATIONS TO ALL INTERESTED PERSONS.
AN ORDINANCE 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.
AN ORDINANCE RELATING TO THE CITY OF SOUTH MIAMI'S COMMUNITY RELATIONS BOARD
(CRB); AMENDING THE DUTIES OF THE CRB TO INCLUDE WORKING WITH THE HOMELESS IN OUR
COMMUNITY, TO SEEK PROFESSIONAL AND ECONOMIC HELP FOR THE HOMELESS, AND PROVIDE
SENSITIVITY TRAINING TO LAW ENFORCEMENT AND THE COMMUNITY AT LARGE TO THE NEEDS OF
THE HOMELESS; AND (2) REDUCING THE NUMBER OF MEMBERS.
For further inlormation, please contact the Cny Clerk's Office at (305) 663 -6340.
ALL bderested Was are Invited to attend and win be heard.
Maria M. Menendez, CMG
City perk
Pursuant to Florida Statutes 286. 0105, the pry hereby advises the public that 0 a person deddesto appeal any decision made by this Board,
Agency or Commission Wth respect to any matter considered at its meeting ar hearing, he or she w10 need a record at the proceedings. and
that for such purpose, affected person may need to ensure that a verbatim record of the Proceedings Is made which record haiulin the