R5R - Remove Political Campaign Exemption from Noise ...

Ordinances - R5 R

COMMISSION MEMORANDUM

10:30 a.m. Second Reading Public Hearing

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

The proposed ordinance is a minor cleanup of the City’s noise ordinance to remove an exception from a ban on speakers only for speakers associated with a political campaign, which the Florida Supreme Court has held to be unconstitutional. It is presented on first reading by the sponsor, Mayor Steven Meiner, at the request of the City Attorney’s Office.

In 2011, the City Commission adopted Ordinance 2011-3737, which incorporated into Section 46- 152 of the City Code the language of the noise standards found in Section 21-28 of the Miami- Dade County Code (“County Code”).

Section 46-152(j) of the City Code currently provides that “[t]he use or operation on or upon the public streets, alleys and thoroughfares anywhere in this city for any purpose of any device known as a sound truck, loud speaker or sound amplifier or radio or any other instrument of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle operated or standing upon such streets or public places aforementioned. It is provided, however, that this subsection is not intended to be construed in a manner that would interfere with the legitimate use of the foregoing loudspeaker type devices in political campaigns”.

The language of Section 46-152(j) of the City Code is identical to the language of Section 21- 28(4)(j) of the County Code.

In 1990, the Florida Legislature enacted Section 316.3045 of the Florida Statutes, which provided, as a general prohibition, that it is “unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other

mechanical soundmaking device or instrument from within the motor vehicle so that the sound is: (a) Plainly audible at a distance of 100 feet or more from the motor vehicle; or (b) Is louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals”.

The Florida Legislature’s enactment of Section 316.3045 of the Florida Statutes also provided a carve-out to the foregoing general prohibition, whereby the general prohibition would “not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices”.

In 2012, the Supreme Court of Florida decided State v. Catalano, 104 So. 3d 1069 (Fla. 2012), which held that the content-based carve-out in Section 316.3045 of the Florida Statutes for business or political messaging was “an unreasonable restriction on First Amendment rights” and “unconstitutionally overbroad because it restricts the freedom of expression in a manner more intrusive than necessary”.

In accordance with State v. Catalano, the City Attorney’s Office recommends that the Mayor and City Commission amend Section 46-152(j) of the City Code to remove from the prohibition of the use of loudspeaker type devices attached to and upon vehicles the carve-out permitting the legitimate use of such devices in political campaigns.

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate? No (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: 4/1/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

City Attorney

Sponsor(s)

Mayor Steven Meiner

Co-sponsor(s)

Condensed Title

10:30 a.m. 2nd Rdg PH, Amend Noise Ordinance, Remove Outdated Language. (Meiner) CA

Previous Action (For City Clerk Use Only)

First Reading on 3/19/2025 - R5 N