§ 15-23. Same—Prohibited; enumeration.

It is unlawful for any person within the city to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others, and the following acts, among others, are to be declared to be loud, disturbing and unnecessary noises in violation of this section, but the said enumeration shall not be deemed to be exclusive, namely:

(a)

The sounding of any horn or other signaling device on any automobile, motorcycle, or other motor vehicle on any street or in any public place within the city, except as a danger warning; the creation by means of such signaling device of any unreasonably loud or harsh sound, and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn or other signaling device operated by the engine exhaust of any motor vehicle, and the use of any such horn or other signaling device when traffic is for any reason held up;

(b)

The playing, using, operating or permitting to be played, operated or used, of any radio receiving set, musical instrument, television set, phonograph, or other machine or device for the producing or reproducing of sound, in such a manner as to disturb the peace, quiet and comfort of the neighboring residents at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle, or immediate area in which such machine or device is being operated and who are voluntary listeners thereto; the operation of any such radio receiving set, musical instrument, television set, phonograph or other machine or device for producing or reproducing sound, between the hours of 11:00 p.m. and 7:00 a.m. in such a 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 deemed prima facie evidence of a violation of this section;

(c)

The playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound, which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; provided, however, that within the CG zoned district the chief of police may issue a permit to allow certain of the above activities subject to conditions that would not materially disturb the tranquility of persons in the vicinity.

(d)

Yelling, shouting, hooting, whistling, or singing on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, store, or in any dwelling, hotel or other type of residence;

(e)

The keeping of any animal or bird which, by frequent or long-continued noise, shall disturb the comfort or repose of persons in the vicinity thereof;

(f)

The discharge into the open air of the exhaust of any engine, motor, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud, explosive, and unnecessary noise therefrom;

(g)

The erection (including excavating), demolition, alteration or repair of any building between the hours of 8:00 p.m. and 7:00 a.m.

(Ord. No. 84, § 2, 1-7-1960; Ord. No. 304, § 1, 12-5-1968; Ord. No. 668, § 5, 8-20-1981; Ord. No. 795, § 1, 6-18-1985)

Annotation— Provision of City of Miami anti-noise ordinance giving city manager right to waive requirements of ordinance in emergency where welfare of persons or property may be jeopardized by strict enforcement of ordinance was unconstitutional in that it delegated to administrative officer exercise of arbitrary discretionary power. City of Miami Beach v. Seacoast Towers-Miami Beach, Inc. 156 So. 2d. 528.