The purpose of this petition is to submit a formal complaint regarding the increased cases of noise pollution, affecting the Brickell Community. 

Brickell is home to many Residents from all over the world, whom take pleasure in enjoying the many incredible restaurants, unique shops, local entertainment and overall culture that has formed the Brickell Community. And while there is so much to enjoy in the area, the quiet enjoyment of one’s home is not one of them. 

It isn't a secret that many Residents have already expressed frustration over the inability for them and/or their loved ones to enjoy a number of activities in their homes, as a result of various types of noise pollution that continue to affect the Brickell area. 

An example of this growing issue is the noise pollution from the pool deck parties that are held at The SLS Brickell Hotel. The loud music being played on their pool deck can be heard, and the trembling from the base felt, inside many Residential units of neighboring buildings.

This condition cannot be allowed to continue as it constitutes a nuisance and disturbs the peaceful and quiet enjoyment of homes located in the Brickell Community. In fact, this type of behavior appears to also violate the City of Miami (City) Code of Ordinance (Code). 

Sec. 36-1. - Unnecessary, excessive or unusual noises. This section provides that "It shall be unlawful to make any loud, unnecessary, excessive or unusual noise in the city." 

In addition, Section 36-3. - Loud or boisterous noises, provides that "no person shall create any loud or boisterous noise which may annoy persons on any street or sidewalk or in any building adjacent thereto." 

Furthermore, Section 36-4. - Operation of radios, phonographs, or other sound-making devices; bands, orchestras, and musicians, provides the following:

(a)   It shall be unlawful for any person owning, occupying or having charge of any building or premises or any part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound-making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible at a distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie evidence of a violation of this chapter.

(b)   It shall be unlawful for any person owning, occupying, or having charge of any business, including but not limited to an entertainment establishment, alcohol service establishment, food service establishment, etc., or any part thereof, that shares a property line with any property that has a residential use as defined by Article 1 of the Miami 21 Code to cause or suffer to cause the playing or operating of any such noise or such similar music of the following, which is not an exhaustive list: music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound-making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians on or about the premises in any of its outdoor spaces between the hours of 10:00 p.m. and 8:00 a.m. the following day. The playing or operating of any noise or such similar music, including but not limited to music, music boxes, jukeboxes, radios, musical instruments, any other musical devices; phonograph or other mechanical sound-making device or instrument; reproducing device or instrument; the playing of any band, orchestra, musician, or group of musicians; or the use of any device to amplify the music of any band, orchestra, musician, or group of musicians between the hours of 10:00 p.m. and 8:00 a.m. in such manner shall be prima facie evidence of a violation of this section.

(c)   All of the above and foregoing shall not apply to activities and events held in or upon any city-owned facility or other city-owned property.

And finally, Section 36-5. - Same—Hours of operation of jukeboxes, radios, etc.; exemption for events on city-owned property; relaxation, provides that:

(a)   It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the city, to cause or suffer to cause the playing or operating of music boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises between the hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, jukeboxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Upon a second conviction of violation of this section the county judge may at his/her discretion revoke and terminate any license issued under chapter 31 to the licensee.

(b) All of the above and foregoing shall not apply to activities and events held in or upon any city-owned facility or other city-owned property.

(c) The city commission may relax the time restrictions contained in paragraph (a) above or declare them inapplicable on special occasions by resolution.

We'd like to take this opportunity to kindly ask that this matter not be neglected, and that immediate action to correct the matter be taken against individuals found not to be in compliance with the City of Miami's Code of Ordinance (i.e., fines, refusal to approve permits for events, etc.)

We, the undersigned, also thank you in advance for your attention and assistance with this matter.