FR.3 - AN ORDINANCE BY THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED “NOISE/OPERATION OF RADIOS, PHONOGRAPHS, OR OTHER SOUND-MAKING DEVICES; BANDS, ORCHESTRAS, AND MUSICIANS – GENERALLY”; AND CHAPTER 36/SECTION 5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED TITLED “NOISE/SAME – HOURS OF OPERATION OF JUKEBOXES, RADIOS, ETC.; EXEMPTION FOR EVENTS ON CITY-OWNED PROPERTY; RELAXATION,’ TO MAKE THE NRD-1 WYNWOOD BID NOISE PILOT PROGRAM PERMANENT; 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, pursuant to Ordinance No. 14330, adopted on November 21, 2024, the City
Commission adopted a Chapter 36 of the Code of the City of Miami, Florida, as amended (“City Code”) Pilot Program for Noise which specifically addressed Sections 36-4(e) and 36-5(d) of the City Code and the maximum sound levels as well as time of day allowances in the NRD-1 / Wynwood Business Improvement District (“Wynwood BID”) area of the City of Miami, Florida (“City”) (“Pilot Program”); and
WHEREAS, the Pilot Program was extended for one (1) year in 2025 to continue through late Fall 2026; and
WHEREAS, the Wynwood BID has found this Pilot Program to be a successful merger between business and residential interests and wishes to make it a permanent part of the City Code;
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. Chapter 36 of the City Code is hereby amended in the following particulars:
"CHAPTER 36
NOISE
\*\*\*
Sec. 36-4. - Operation of radios, phonographs, or other sound-making devices; bands, orchestras, and musicians—Generally; exemption.
\*\*\*
(e)Pilot program for the NRD-1 Noise Restrictions; Exemptions.
(1)The NRD-1 District as defined in section 4-5 of the City Code is exempt from subsection (a) of this section throughout the duration of the herein created pilot program. The NRD-1 is generally bounded by Interstate 95 ("I-95") on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between I-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east, and Northwest 20th Street between North Miami Avenue and Northwest 1st Place, and Northwest 22nd Street between Northwest 1st Place and I-95 on the south.
(2)Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music:
a.Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced;
b.The bass level exceeds 68 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or
c.Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed.
d.The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business.
(3)The fact that the noise or music emanating from the property on which or from which it is produced exceeds the dB(A) sound level referenced in subsection (e)(2)a., b. and c. above constitutes prima facie evidence the violation has occurred. Any violation of this subsection is punishable as follows:
a.For a first offense, warning shall be issued and posted;
b.For a second offense, a fine of $250.00;
c.For a third and subsequent violation, a fine of $500.00.
d.Violations may also be enforced pursuant to [section 2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI), et seq.Chapter 2, Article X of the City Code with a fine in an amount of up to $1,000.00 per diem for a first offense and a fine in an amount of up to $5,000.00 per diem for a repeat violator to be assessed by the code enforcement board. The code enforcement board may also find the violation to be irreparable or irreversible in nature and assess a fine in an amount of up to $15,000.00 for each violation in accordance with subsection [2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI) of the City Code.
Violations shall be enforced against the property owner and/or violator under the provisions of [chapter 2](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD), article X of the City Code and any other remedies as provided by law including, but not limited to, revocation of certificate of use and/or business tax receipt, and actions for injunctive relief in the circuit court.
(4)The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them inapplicable on special occasions by resolution for private property.
(5)The pilot program shall sunset on November 21, 2025. The city commission may extend for one more additional year by resolution.
\*\*\*
Sec. 36-5. - Same—Hours of operation of jukeboxes, radios, etc.; exemption for events on city-owned property; relaxation.
\*\*\*
(d)Pilot program for the NRD-1 Noise Restrictions; Exemptions.
(1)The NRD-1 District as defined in [section 4-5](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH4ALBE_S4-5SPDI) of the City Code is exempt from subsection (a) of this section through the duration of the pilot program. The NRD-1 boundaries are generally described as bounded by I-95 on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between I-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east, and Northwest 20th Street between North Miami Avenue and Northwest 1st Place and Northwest 22nd Street between Northwest 1st Place and I-95 on the south.
(2)Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any business establishment or any part thereof 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 1:00 a.m. to 9:00 a.m., Monday through Wednesday and the hours of 3:00 a.m. to 9:00 a.m., Thursday through Sunday, unless such music boxes, jukeboxes, radios, musical instruments, and other devices are played or operated in a closed building and the sound is not plainly 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. Any violation of this subsection is punishable as follows:
a.For a first offense, a warning shall be issued and posted;
b.For a second offense, a fine of $250.00;
c.For a third and subsequent violations a fine of $500.00 or violations may also be enforced pursuant to [section 2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI), et seq. of the City Code or by Notice of Violation pursuant to Chapter 2, Article X with a fine in an amount of up to $1,000.00 per diem for a first offense and a fine in an amount of up to $5,000.00 per diem for a repeat violator to be assessed by the code enforcement board. The code enforcement board may also find the violation to be irreparable or irreversible in nature and assess a fine in an amount of up to $15,000.00 for each violation in accordance with [section 2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI) of the City Code.
d.The city may also enforce this subsection pursuant to any other remedies as provided by law including, but not limited to, revocation of certificate of use and/or business tax receipt, and actions for injunctive relief in the circuit court.
(3)For venues with open-air areas, subsection (d)(2) shall only be applicable for those venues who have code compliance department approved directional speakers and sound limiting devices installed so as to lessen sound emanations. Should such venues receive more than three violations for which they are found guilty after appeal or fail to appeal, this pilot program shall not be applicable.
(4)The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them inapplicable on special occasions by resolution for private property.
(5)The pilot program shall sunset on November 21, 2025. The city commission may extend for one more additional year by resolution.
\*\*\*”
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.
Commission adopted a Chapter 36 of the Code of the City of Miami, Florida, as amended (“City Code”) Pilot Program for Noise which specifically addressed Sections 36-4(e) and 36-5(d) of the City Code and the maximum sound levels as well as time of day allowances in the NRD-1 / Wynwood Business Improvement District (“Wynwood BID”) area of the City of Miami, Florida (“City”) (“Pilot Program”); and
WHEREAS, the Pilot Program was extended for one (1) year in 2025 to continue through late Fall 2026; and
WHEREAS, the Wynwood BID has found this Pilot Program to be a successful merger between business and residential interests and wishes to make it a permanent part of the City Code;
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. Chapter 36 of the City Code is hereby amended in the following particulars:
"CHAPTER 36
NOISE
\*\*\*
Sec. 36-4. - Operation of radios, phonographs, or other sound-making devices; bands, orchestras, and musicians—Generally; exemption.
\*\*\*
(e)Pilot program for the NRD-1 Noise Restrictions; Exemptions.
(1)The NRD-1 District as defined in section 4-5 of the City Code is exempt from subsection (a) of this section throughout the duration of the herein created pilot program. The NRD-1 is generally bounded by Interstate 95 ("I-95") on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between I-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east, and Northwest 20th Street between North Miami Avenue and Northwest 1st Place, and Northwest 22nd Street between Northwest 1st Place and I-95 on the south.
(2)Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any building or premises or any part thereof at any time to cause or suffer or allow any loud, unnecessary, excessive, or unusual noises in the operation of any radio, phonograph, or other mechanical sound-making device, instrument, or reproducing device; in the playing of any band, orchestra, musician, or group of musicians; or in the use of any device to amplify the music of any band, orchestra, musician, or group of musicians where the noise or music:
a.Exceeds 80 dB(A) at a distance of greater than 25 feet from the property line of the property on which or from which it is produced;
b.The bass level exceeds 68 dB(C) when measured from within an enclosed structure with all windows, doors and other openings closed; or
c.Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors, and other openings closed.
d.The city manager shall have the authority to decrease the allowable decibel levels by up to 10dB(A) and/or 10dB(C) during the pilot program based upon the recommendation of the Wynwood Business Improvement District and after 30 days' notice has been posted and sent via certified US Mail to all affected business.
(3)The fact that the noise or music emanating from the property on which or from which it is produced exceeds the dB(A) sound level referenced in subsection (e)(2)a., b. and c. above constitutes prima facie evidence the violation has occurred. Any violation of this subsection is punishable as follows:
a.For a first offense, warning shall be issued and posted;
b.For a second offense, a fine of $250.00;
c.For a third and subsequent violation, a fine of $500.00.
d.Violations may also be enforced pursuant to [section 2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI), et seq.Chapter 2, Article X of the City Code with a fine in an amount of up to $1,000.00 per diem for a first offense and a fine in an amount of up to $5,000.00 per diem for a repeat violator to be assessed by the code enforcement board. The code enforcement board may also find the violation to be irreparable or irreversible in nature and assess a fine in an amount of up to $15,000.00 for each violation in accordance with subsection [2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI) of the City Code.
Violations shall be enforced against the property owner and/or violator under the provisions of [chapter 2](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD), article X of the City Code and any other remedies as provided by law including, but not limited to, revocation of certificate of use and/or business tax receipt, and actions for injunctive relief in the circuit court.
(4)The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them inapplicable on special occasions by resolution for private property.
(5)The pilot program shall sunset on November 21, 2025. The city commission may extend for one more additional year by resolution.
\*\*\*
Sec. 36-5. - Same—Hours of operation of jukeboxes, radios, etc.; exemption for events on city-owned property; relaxation.
\*\*\*
(d)Pilot program for the NRD-1 Noise Restrictions; Exemptions.
(1)The NRD-1 District as defined in [section 4-5](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH4ALBE_S4-5SPDI) of the City Code is exempt from subsection (a) of this section through the duration of the pilot program. The NRD-1 boundaries are generally described as bounded by I-95 on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between I-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the FEC Corridor on the east, and Northwest 20th Street between North Miami Avenue and Northwest 1st Place and Northwest 22nd Street between Northwest 1st Place and I-95 on the south.
(2)Within the NRD-1 District, it shall be unlawful for any person owning, occupying, or having charge of any business establishment or any part thereof 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 1:00 a.m. to 9:00 a.m., Monday through Wednesday and the hours of 3:00 a.m. to 9:00 a.m., Thursday through Sunday, unless such music boxes, jukeboxes, radios, musical instruments, and other devices are played or operated in a closed building and the sound is not plainly 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. Any violation of this subsection is punishable as follows:
a.For a first offense, a warning shall be issued and posted;
b.For a second offense, a fine of $250.00;
c.For a third and subsequent violations a fine of $500.00 or violations may also be enforced pursuant to [section 2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI), et seq. of the City Code or by Notice of Violation pursuant to Chapter 2, Article X with a fine in an amount of up to $1,000.00 per diem for a first offense and a fine in an amount of up to $5,000.00 per diem for a repeat violator to be assessed by the code enforcement board. The code enforcement board may also find the violation to be irreparable or irreversible in nature and assess a fine in an amount of up to $15,000.00 for each violation in accordance with [section 2-817](https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTXCOEN_S2-817ADCOFILI) of the City Code.
d.The city may also enforce this subsection pursuant to any other remedies as provided by law including, but not limited to, revocation of certificate of use and/or business tax receipt, and actions for injunctive relief in the circuit court.
(3)For venues with open-air areas, subsection (d)(2) shall only be applicable for those venues who have code compliance department approved directional speakers and sound limiting devices installed so as to lessen sound emanations. Should such venues receive more than three violations for which they are found guilty after appeal or fail to appeal, this pilot program shall not be applicable.
(4)The city commission may also declare an exemption from the prohibitions contained in this subsection and declare them inapplicable on special occasions by resolution for private property.
(5)The pilot program shall sunset on November 21, 2025. The city commission may extend for one more additional year by resolution.
\*\*\*”
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