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Item R5AI

R5AI - Allow Commercial Outdoor Maintenance

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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152 THEREOF, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED,โ€ TO PROVIDE AN EXEMPTION ALLOWING COMMERCIAL ENTITIES TO UTILIZE CERTAIN OUTDOOR MAINTENANCE EQUIPMENT AT SPECIFIED TIMES IN ORDER TO ENHANCE SANITATION AND CLEANLINESS IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ย 

May 21, 2025
Sponsors
City Attorney
Commissioner Alex Fernandez
Commissioner Alex Fernandez

Detailed Information

Cached: 3 weeks ago

Ordinances - R5 AI

COMMISSION MEMORANDUM

TO:
Honorable Mayor and Members of the City Commission
FROM:
City Attorney Ricardo J. Dopico
DATE:
May 21, 2025

2:45 p.m. First Reading Public Hearing

TITLE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-152 THEREOF, ENTITLED "NOISES; UNNECESSARY AND EXCESSIVE PROHIBITED,โ€ TO PROVIDE AN EXEMPTION ALLOWING COMMERCIAL ENTITIES TO UTILIZE CERTAIN OUTDOOR MAINTENANCE EQUIPMENT AT SPECIFIED TIMES IN ORDER TO ENHANCE SANITATION AND CLEANLINESS IN THE CITY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

BACKGROUND/HISTORY

ANALYSIS

The proposed Ordinance, sponsored by Commissioner Alex J. Fernandez, has been submitted for consideration by the Mayor and City Commission.

The City of Miami Beach (โ€œCityโ€) is committed to maintaining the highest standards of public health, safety, cleanliness, and aesthetic appeal for the benefit of its residents, visitors, and commercial stakeholders. In that regard, commercial properties play a significant role in shaping the appearance and cleanliness of the City, particularly in high-traffic tourist and business areas.

Pursuant to the Cityโ€™s noise ordinance, as set forth in Section 46-152 of the City Code, the currently permissible weekday hours for the operation of power tools and other noise-producing equipment outdoors are between 8:00 a.m. and 8:00 p.m., which may be insufficient for commercial entities to complete cleaning and sanitation efforts. However, by providing a few additional hours, on a limited basis, commercial entities will be able to conduct more complete sanitation practices and efforts, and improve property maintenance without significantly disturbing residential life.

Accordingly, if adopted, the proposed Ordinance would extend the permissible hours of use for power washers and pressure washers until 11:59 p.m. on the first Friday of each month. While relatively minor, this modification will aid commercial entities in supporting the Cityโ€™s efforts to maintain a clean and vibrant environment while minimizing any potential adverse impacts to residents.

FISCAL IMPACT STATEMENT

N/A.

Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY)

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

FINANCIAL INFORMATION

CONCLUSION

Applicable Area

Citywide

Is this a โ€œResidents Right to Knowโ€ item, pursuant to City Code Section 2-17?

Is this item related to a G.O. Bond Project?

No

No

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? Yes

If so, specify the name of lobbyist(s) and principal(s): Tara Chilton, Government Relations Manager, Publix Super Markets, Inc.

Department

City Attorney

Sponsor(s)

Commissioner Alex Fernandez

Co-sponsor(s)

Condensed Title

2:45 p.m. 1st Rdg PH, Additional Hours for Pressure Washing. (Fernandez) CA

Previous Action (For City Clerk Use Only)

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