R5S - Regulate Noise from Ac, Pool Equipment
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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, ENTITLED “ENVIRONMENT,” ARTICLE XI, ENTITLED “USE OF GAS-POWERED LEAF BLOWERS AND CHAINSAWS,” BY AMENDING TITLE AND CREATING SECTION 46-249.1 TO BE ENTITLED “REGULATION OF NOISE PRODUCED BY AIR CONDITIONING AND SWIMMING POOL EQUIPMENT,” TO PROHIBIT NOISE ON RESIDENTIAL PROPERTIES THAT UNREASONABLY DISTURBS THE QUIET ENJOYMENT OF A NEIGHBORING RESIDENCE BY A NEARBY RESIDENT AND ESTABLISHING ENFORCEMENT AND PENALTY PROVISIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Sponsors
Detailed Information
Cached: 3 weeks agoOrdinances - R5 S
COMMISSION MEMORANDUM
10:50 a.m. First Reading Public Hearing
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached ordinance is presented on first reading at the request of the sponsor, Commissioner Tayna K. Bhatt.
The City of Miami Beach is committed to preserving the quality of life for residents by mitigating excessive noise disturbances, particularly in residential areas during nighttime hours.
Air conditioning units, swimming pool equipment, and similar machinery can produce continuous or intermittent noise that significantly impacts residential tranquility and public health, particularly in high-density urban environments.
Technological advancements now permit the installation of quieter equipment, thereby enabling reasonable regulation of newly installed units without imposing retroactive burdens.
Ambient noise standards vary by zoning district, and the City recognizes the need for tailored maximum sound thresholds that reflect the differing sensitivities of single-family, multi-family, commercial, and industrial zones.
The American National Standards Institute (ANSI) provides reliable and widely accepted guidelines for sound measurement instrumentation, which are utilized to ensure consistent and enforceable compliance assessments.
This ordinance introduces a phased implementation timeline—beginning with a city-led public education campaign culminating in full enforcement by the code compliance department on January 1, 2026—to ensure fair notice and informed adoption by property owners and contractors.
The establishment of a clear enforcement and appeals process, including progressive civil penalties, is essential to promote compliance and maintain equitable treatment across all affected parties.
Regulating newly installed equipment rather than existing systems balances the City's policy goals with the economic realities faced by property owners, while advancing public health, neighborhood livability, and sustainable development practices.
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: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Citywide
Is this a “Residents Right to Know” 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? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
10:50 a.m. 1st Rdg PH, Regulate Air Conditioning & Pool Equipment Noise. (Bhatt) CA
Previous Action (For City Clerk Use Only)