EM.1 - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 36/SECTION 36-5 OF THE CITY CODE, TITLED “NOISE/SAME – HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY-OWNED PROPERTY; RELAXATION”; TO ALLOW FOR CITY COMMISSION RELAXATION OR INAPPLICABILITY BY RESOLUTION FOR CERTAIN NOISE RESTRICTIONS ON SPECIAL OCCASIONS FOR SECTION 36-5(F) OF THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
November 19, 2026
Sponsors
Commissioner Christine King (D5)
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, Section 36-5(f) of the Code of the City of Miami, Florida, as amended (“City Code”) provides for specialized noise requirements for the Miami Riverside Specialty District (“District”); and
WHEREAS, currently the District does not have the option for a relaxation of noise restrictions or to have them declared inapplicable on special occasions by Resolution as is provided for in other areas of the City governed by Section 36-5(a); and
WHEREAS, such a relaxation or inapplicability option only by Resolution of the City Commission added to Section 36-5(c) of the City Code will be extremely beneficial to both area businesses as well as our numerous events and festivals that occur year round; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission, by a four-fifths (4/5ths) affirmative vote, finds that this emergency ordinance is necessary on the grounds of an urgent need for the continuity of services for City residents and for the preservation of health, safety, welfare, or property of the public;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote, Chapter 36 of the City Code is hereby amended in the following particulars:
"CHAPTER 36
NOISE
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Sec. 36-5. Same—Hours of operation of jukeboxes, radios, etc.; exemption for events on city-owned property; relaxation.
(a)It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, jukeboxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of violation of this section, the city manager or designee, may at their discretion, revoke any business tax receipt issued underchapter 31to the business.
(b)All of the above and foregoing shall not apply to city-sponsored activities and events held in or upon any city-owned facility or city-owned property. This exemption shall not apply to any tenant of a city-owned facility or city-owned property.
(c)The city commission may relax the time restrictions contained in paragraphs (a) above or (f) or declare them inapplicable on special occasions by resolution.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
WHEREAS, currently the District does not have the option for a relaxation of noise restrictions or to have them declared inapplicable on special occasions by Resolution as is provided for in other areas of the City governed by Section 36-5(a); and
WHEREAS, such a relaxation or inapplicability option only by Resolution of the City Commission added to Section 36-5(c) of the City Code will be extremely beneficial to both area businesses as well as our numerous events and festivals that occur year round; and
WHEREAS, pursuant to Section 166.041(3)(b), Florida Statutes, the City Commission, by a four-fifths (4/5ths) affirmative vote, finds that this emergency ordinance is necessary on the grounds of an urgent need for the continuity of services for City residents and for the preservation of health, safety, welfare, or property of the public;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote, Chapter 36 of the City Code is hereby amended in the following particulars:
"CHAPTER 36
NOISE
\*\*\*
Sec. 36-5. Same—Hours of operation of jukeboxes, radios, etc.; exemption for events on city-owned property; relaxation.
(a)It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, jukeboxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of violation of this section, the city manager or designee, may at their discretion, revoke any business tax receipt issued underchapter 31to the business.
(b)All of the above and foregoing shall not apply to city-sponsored activities and events held in or upon any city-owned facility or city-owned property. This exemption shall not apply to any tenant of a city-owned facility or city-owned property.
(c)The city commission may relax the time restrictions contained in paragraphs (a) above or (f) or declare them inapplicable on special occasions by resolution.
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Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
Fiscal Impact
N/A