Consideration and approval of an ordinance on first reading amending and adding provision to Chapter 12, Article II of the Code regarding vessel noise. Sponsored by Council Member Joshua Fuller

1 ORDINANCE NO. 2 AN ORDINANCE OF THE TOWN COUNCIL OF THE 3 TOWN OF BAY HARBOR ISLANDS, FLORIDA, 4 AMENDING CHAPTER 12 (“NUISANCES”), ARTICLE II 5 (“NOISE”), SECTION 12-22 (“PROHIBITED ACTS 6 GENERALLY”) OF THE TOWN CODE AND ADDING 7 SECTION 12-29 (“NOISE REGULATIONS APPLIED TO 8 VESSELS AND OTHER FLOATING STRUCTURES”) TO 9 THE TOWN CODE; TO PROVIDE FOR REGULATION OF 10 NOISE EMITTED FROM VESSELS AND OTHER 11 FLOATING STRUCTURES; ESTABLISHING MAXIMUM 12 SOUND LEVELS; PROVIDING FOR APPLICABILITY TO 13 WATERWAYS; PROVIDING FOR PENALTIES 14 GENERALLY CONSISTENT WITH SECTION 21-28 OF 15 MIAMI-DADE COUNTY CODE OF ORDINANCES 16 (“NOISES; UNNECESSARY AND EXCESSIVE 17 PROHIBITED”); PROVIDING FOR SEVERABILITY; 18 PROVIDING FOR REPEAL OF CONFLICTING 19 ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 20 21 WHEREAS, excessive noise emanating from vessels and floating structures 22 adversely impacts the peace, comfort, and welfare of residents of the Town of Bay 23 Harbor Islands; and 24 WHEREAS, the Town Council desires to address the absence of any reference 25 to noise emanating from vessels or other floating structures in Section 12, Article II of 26 the Town of Bay Harbor Code of Ordinances; and 27 WHEREAS, Miami-Dade County has adopted regulations governing noise from 28 vessels, including maximum decibel standards and general prohibitions on excessive 29 noise; and 30 WHEREAS, the Town Council desires to harmonize its noise regulations with 31 those of Miami-Dade County to ensure consistent regulation and enforcement across 32 shared waterways; and 33 WHEREAS, the Town Council finds that adoption of vessel-specific noise 34 regulations promotes clarity, enforceability, and protection of residential quality of life 35

NOW, THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE 36 TOWN OF BAY HARBOR ISLANDS, FLORIDA: 37 Section 1: The foregoing recitals are adopted and hereby incorporated as if fully 38 set forth herein . 39 Section 2: That Chapter 12 (“Nuisances”), Article II (“Noise”) of the Code of 40 Ordinances of the Town of Bay Harbor, Florida, is hereby adding a new section to be 41 designated as Section 12-29, and amending Section 12-22 as provided in Exhibit “A” 42 of this Ordinance (with stricken text deleted and underlined text added): 43 Section 3: That any section, paragraph, sentence or word of this Ordinance or 44 the application thereof to any person or circumstance is held invalid, that the invalidity 45 shall not affect the other sections, paragraphs, sentences, words or application of this 46 Ordinance. 47 Section 4: That it is the intention of the Town Council of the Town of Bay 48 Harbor Islands, and it is therefore ordained, that the provisions of the Ordinance shall 49 become and be made a part of the Town of Bay Harbor Islands' Code of Ordinances, 50 that sections of this Ordinance may be re-numbered or re-lettered to accomplish such 51 intentions, and that the word "Ordinance" shall be changed to "Section" or other 52 appropriate word. 53 Section 5: That all Ordinances, parts of Ordinances, Resolutions or parts of 54 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 55 such conflict. 56 Section 6: That this Ordinance shall be in full force and take effect immediately 57 upon its passage and adoption. 58 PASSED on First Reading this 11th day of June, 2026. 59 PASSED on Second Reading this ____ day of ___________, 2026. 60 Motion By: 61 Second By: 62 63 FINAL VOTE ON ADOPTION: 64 65 Mayor Isaac Salver 66 Vice Mayor Stephanie Bruder 67 Council Member Molly Diallo 68 Council Member Joshua Fuller 69 Council Member Eric Rappaport 70 Council Member Elchonon Shagalov 71 Council Member Robert Yaffe 72 73 74 75 ISAAC SALVER 76 MAYOR 77 78 79 80 81 ATTEST: 82 83 84 85 EVELYN HERBELLO, MMC 86 TOWN CLERK 87 88 89 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 90 91 92 93 MCCARTER ENGLISH, LLP 94 INTERIM TOWN ATTORNEYS 95 BY: TANIA CRUZ-GIMENEZ, ESQ. 5 96 EXHIBIT “A” 97 Sec. 12-22. – Prohibited acts generally. 98 The following acts and the causing or permitting thereof, are presumed to be in violation 99 of this article. 100 (1) Operating or playing any radio, television, phonograph, drum, musical 101 instrument or other machine or device for the production, reproduction or 102 amplification of sound which creates a noise disturbance. 103 (2) Owning, possessing or harboring any animal or bird which frequently or for 104 a continued duration howls, barks or makes other noises which create a noise 105 disturbance. 106 (3) Operating or causing the operation of any tools or equipment used in 107 construction activity and landscaping outside the hours specified in section 108 12-26 without first receiving a permit from the town manager pursuant to 109 section 12-25. 110 (4) Using or firing explosives, fire crackers, firearms, sirens or similar devices, 111 except in an emergency, or using or firing firecrackers, skyrockets or the like if 112 prior permission is not obtained from the town manager. 113 (5) Noise regulations related to vessels and other floating structures, along 114 with penalties associated with same, are provided in Section 12-29 of the 115 Town Code. 116 117 Sec. 12-29. Noise regulations applied to vessels and other floating structures. 118 (1) Definitions. 119 120 Vessel shall have the meaning set forth in Chapter 327.02(46), Florida Statutes, 121 and shall include every description of watercraft used or capable of being used as a 122 means of transportation on water. 123 124 Floating structure shall mean any entity or device, not primarily used for 125 navigation, which is capable of floating on water, including but not limited to platforms, 126 barges, or similar structures. 127 128 Sound level (dBA) shall mean the A-weighted sound pressure level measured using 129 a sound level meter meeting American National Standards Institute (ANSI) 130 specifications. 131 132 Plainly Audible Standard shall mean to any sound that can be clearly heard by a 133 person using their unaided hearing faculties from a distance of one hundred (100) feet. 134 6 135 (2) Maximum Sound Levels. No person shall operate or permit the operation of any 136 vessel or floating structure on waters within or adjacent to the Town and the 137 Town’s jurisdictional waters (if granted cross-enforcement authority by the 138 governmental entity with jurisdiction of the waters adjacent to the Town) in such a 139 manner as to exceed a sound level of sixty (60) decibels (dBA) when measured 140 at a distance of one hundred (100) feet from the vessel or floating structure or 141 exceeding the plainly audible standard of one hundred (100) feet from said 142 vessel or floating structure at any time. 143 144 (3) General Prohibition. It shall be unlawful for any person to create, permit, or allow 145 any unreasonably loud, excessive, unnecessary, or unusual noise from a vessel 146 or floating structure, including but not limited to amplified music, sound 147 reproduction systems or boisterous and disorderly conduct noise, which disturbs 148 the peace, quiet, comfort, or repose of reasonable persons of ordinary 149 sensibilities. 150 151 (4) Applicability. The provisions of this section shall apply to all vessels and floating 152 structures at all hours of the day operating within the jurisdictional limits of the 153 Town and on waters adjacent thereto where the impacts of such noise are 154 experienced within the Town. 155 156 (5) Enforcement. Both Town Law Enforcement Officers (as to both criminal and civil 157 violations) and Town Code Enforcement Officers (as to civil violations 158 only)(collectively referred to as “Enforcement Officers”) are hereby authorized to 159 enforce the provisions of this section as identified below: 160 161 (a) Enforcement Officers may measure sound levels using sound level 162 meters in accordance with the accepted standards set forth by this 163 section. 164 165 (b) Enforcement Officers may measure sound levels utilizing the plainly 166 audible standard of one hundred (100) feet. 167 168 (c) Refusal to submit to a lawful sound level test when requested by a law 169 Enforcement Officer shall constitute a violation of this section and 170 thereby subject to the penalties provided hereto. 171 172 (6) Relation to Other Laws. Nothing in this section shall be construed to limit or 173 preclude enforcement under applicable provisions of Florida law, including 174