Miami Beach is a dynamic community. One of the City’s goals is to ensure a balance between the exciting activities that make this such an exciting place to live, work and play. To that end, the City has adopted ordinances – such as a Noise Ordinance – that are designed to protect the residential quality of life, while maintaining the unique characteristics of our vibrant city.
WHAT IS NOISE?
Chapter 46, Article IV of the City Code defines what “noise” would be a violation of city code. The City code specifics that: “It shall be unlawful for any person to make, continue, or cause to be made or continued any unreasonably loud, excessive, unnecessary or unusual noise.”
“Noise” is not limited to music, and can include other noises, such as horns, exhausts, shouting, animals, construction noise, etc.
Additionally, the “using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto” is also a violation of the noise ordinance. Further, the operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of one hundred (100) feet from the building, structure or vehicle in which it is located shall be “prima facie” evidence of a violation of this section.
You can find all of Chapter 46. Article IV. ‘’Noise’’ in our City Code.
REPORTING NOISE VIOLATIONS
Noise violations can be reported by calling 305.604.CITY(2489). After hours and on weekends, select “Report a noise violation.” During the day, select the option to be transferred to the Code Compliance Department. You will be provided a tracking number to assist you in checking on the status of the complaint. You can remain anonymous.
Violations of the noise ordinance can result in a written warning (first offense in a 12-month period), or fines (2nd or more offense in a 12 month period). A written warning carries no fine. However, if a second valid noise violation occurs within a 12-month period, then you can receive a violation that carries a fine. The fine for a first violation is $250. Additional fines within a 12-month period are $1000 (second violation); $2,000 (third violation); $3000 (fourth violation); and $5,000 (fifth and subsequent violation). The warning and fine schedule is the same for residential noise and commercial noise. Multiple commercial noise violations can result in the loss of use, or even the revocation of an occupational license.
Violations can be appealed to the Special Master. At an appeal hearing, the Special Master will hear testimony from the Code Compliance officer or other witnesses, and issue an order as to whether a determination of a noise violation has occurred. Refer to the back of the violation notice for specific information on how to file an appeal and request a hearing.
CHECKING ON A VIOLATION
If you wish to check on the result of a noise complaint, or to check on whether noise cases have been opened for a particular location, you can use our Permit Manager. You can enter either the tracking number provided at the time of the call, or the address of the location causing the noise.