Noise Nuisances are Everywhere! Enhance moving vehicle noise restrictions. We're experiencing an explosion of mobile noise in our City. We need better enforcement of existing ordinances and more restrictions related to extreme after market exhaust systems on performance autos (100+ decibels!), open air topless slingshot vehicles, golf cars and pedal-powered mobile bars. Rolling parties, cruising in loud, open air vehicles are a threat to our community quality of life. Implement a decibel-based noise ordinance. Most residents are surprised to learn that we don't have a decibel-based noise ordinance in Miami Beach. Our noise ordinance is confusing and outdated -- written for a different time and different circumstances vs. the challenges we face in 2021. Over the past several years and throughout my service on the Miami Beach Planning Board and neighborhood association boards, I've researched and studied noise ordinances across the United States. The overwhelming majority of municipal noise ordinances are based on dBA benchmarks. Decibel meters are readily available and can be downloaded free to any smartphone. Decibel-based noise ordinances are easy to understand and simple to enforce.
Excerpts from San Antonio's noise ordinance are shown below (*one example, there are hundreds of success stories in other cities). The phrases "property under separate ownership" and "real property boundary" combined with decibel benchmarks are particularly interesting and relevant.
Excerpts from San Antonio's Noise Ordinance
"At anytime such that the sound level at or across a real property boundary exceeds 80dBA." "The following acts, among others not hereinafter enumerated, are declared to be "noise nuisances," and are unlawful and in violation of the provisions of this division when such acts are done or accomplished or carried on in such a manner, or with such volume, intensity, or with continued duration, so as to annoy, to distress, or to disturb the quiet, comfort, or repose of any person of reasonable nervous sensibilities within the vicinity or hearing thereof, or so as to endanger or injure the safety or health of humans or animals, or so as to interfere with the physical well being of humans or animals, or so as to endanger or injure personal or real property:"
(1) The playing or permitting or causing the playing of any radio, television, phonograph, drum, juke box, nickelodeon, musical instrument, sound amplifier or similar device which produces, reproduces, or amplifies sound.
(4) The continued or frequent sounding of any horn or other signal device on any automobile or vehicle, motorcycle, bus or other vehicle, except as a danger signal.
(5) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, automobile, motorcycle, or other motor vehicle or boat, except through a muffler or other device which prevents loud or explosive noises therefrom.
(8) The raucous shouting, whistling, yelling, singing, hooting, or crying of peddlers, hawkers, vendors or any other persons.
(10) The making of noise which exceeds seventy (70) decibels on business zoned property as defined by City Code Chapter 35 (Unified Development Code), when measured from property under separate ownership.
(12) The making of noise which exceeds 85 decibels using the Leq method of noise measure for noise emanating from entertainment zoned property as defined by City Code Chapter 35 (Unified Development Code), when measured from property under separate ownership. Any adjacent property owned, leased, controlled or managed by any person or entity or any affiliate that directly or indirectly controls, is controlled by, or shares common control with the other entity that has an ownership interest or lease interest in the monitored property shall not be considered property under separate ownership for purposes of determining the boundaries of the noise source property in an entertainment district.
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Political advertisement paid for and approved by Michael “Mike B” Barrineau for City of Miami Beach Commission, Group 3