Local Rules Near Brickell

Miami addresses aircraft noise through land use compatibility zoning near Miami International Airport and Opa-locka Executive Airport. Residential development in high-noise zones requires sound attenuation meeting FAA Part 150 guidelines and Florida Statute 333 airport zoning standards.

City of Miami Chapter 36 restricts amplified music audible at 100 feet. Entertainment venues in Wynwood, Brickell, and downtown face enhanced enforcement. Sound-producing devices between 11 PM and 7 AM must not be audible outside closed buildings.

Miami regulates industrial and commercial noise under Chapter 36 of the City Code. Noise from industrial operations must not exceed zone-appropriate decibel limits at property boundaries, with stricter thresholds when adjacent to residential districts.

Barking dogs in the City of Miami are regulated under both the city's noise ordinance (Chapter 36) and the animal control provisions (Chapter 6). Persistent barking audible at 100 feet constitutes a noise violation. Miami Police non-emergency line handles complaints.

City of Miami Code Chapter 36 prohibits playing music boxes, jukeboxes, radios, and musical instruments on or about premises between 11 PM and 7 AM unless played in a closed building and not audible outside. Sound audible at 100 feet is prima facie evidence of a violation.

City of Miami Code Section 36-6 prohibits construction noise between 6 PM and 8 AM on weekdays and at all times on Sundays and holidays. Extended-hour permits available for emergency or essential projects from the city manager.

City of Miami regulates lawn equipment noise under Chapter 36. Power lawn equipment may not be operated during prohibited hours (before 8 AM or after 6 PM weekdays, Sundays and holidays). Equipment must have functioning mufflers.

Miami short-term rental occupancy is limited to a maximum of two persons per bedroom plus two additional guests per property, not to exceed 12 overnight occupants. Children under 3 are excluded from the count per Miami-Dade County standards.

Miami requires short-term rental operators to attest to holding liability insurance covering transient occupants as part of the Certificate of Use application. Florida DBPR licensing also requires proof of insurance for vacation rental licenses.

Miami Code Sec. 2-211 limits short-term rentals to specific zoning districts and requires a Certificate of Use, but cannot require host presence due to FL §509.032 preemption of operational rules. Miami-Dade County also requires a separate STR registration and tourist tax.

Florida Statute §509.032 prevents Miami from limiting short-term rentals to a host's primary residence. Miami may only use general zoning to restrict where STRs operate; investor-owned vacation rentals are legal in eligible zoning districts when properly licensed and taxed.

Miami Code Sec. 2-211 imposes escalating penalties on short-term rental operators with repeat violations: three valid citations within 12 months trigger Certificate of Use revocation, with appeal limited to administrative procedure under Florida Statute 509.032 partial preemption.

The City of Miami does not impose an annual night cap on vacation rentals. Florida Statute 509.032(7)(b) preempts cities from regulating the duration or frequency of short-term rentals through ordinances adopted after June 1, 2011, so Miami cannot set caps such as a 90- or 180-night annual maximum.

City of Miami operators must obtain a Certificate of Use, a Business Tax Receipt, a Florida DBPR Vacation Rental License under FS 509.241, and register for the Miami-Dade County Tourist Development Tax (6%) plus Florida sales tax (7%) before listing a property on Airbnb, Vrbo, or any platform.

City of Miami requires a Certificate of Use and Business Tax Receipt for short-term rental properties. STRs are permitted in T4, T5, T6, and CI-HD transect zones under Miami 21. The city established an Apartment Hotel category for units in certain zones.

Short-term rental guests in the City of Miami must comply with Chapter 36 noise regulations. Quiet hours are 11 PM to 7 AM. The Certificate of Use holder is responsible for guest conduct and noise complaints.

City of Miami STR operators owe approximately 12-13% total tax: 6% county Convention and Tourist Tax plus 6% FL state sales tax plus any applicable county surtax. Platforms like Airbnb auto-collect most taxes.

City of Miami requires STR properties to meet off-street parking requirements per Miami 21 zoning code. Adequate parking for guests must not create neighborhood congestion. Parking ratios depend on the transect zone.

Miami regulates propane and liquefied petroleum gas storage through the Florida Fire Prevention Code and NFPA 58 standards. Residential storage is limited to small cylinders, and larger commercial tanks require permits from Miami Fire Rescue.

The City of Miami is a flat, low-elevation coastal urban area and is not designated as a high wildfire hazard severity zone. Most wildland fire activity in Miami-Dade County occurs in the western Everglades urban interface, well outside Miami's city limits. The Florida Forest Service and Miami-Dade Fire Rescue handle any wildland incidents that approach developed areas.

City of Miami Chapter 19 Section 19-26 restricts outdoor burning. Open burning of rubbish or refuse is prohibited. Recreational fires under 3 feet are exempt. Florida Forest Service authorization required for larger burns.

City of Miami Chapter 19 fire protection code and Miami-Dade Fire Rescue regulations govern fire pits. Recreational fires not exceeding 3 feet in diameter and 2 feet high do not require permits. Fires must be 50 feet from structures and constantly attended.

Consumer fireworks in the City of Miami may only be used on three designated dates: July 4th, New Year's Eve, and New Year's Day per FL HB 1059 (2020). Aerial fireworks sale is prohibited. Sparklers legal year-round.

The City of Miami requires property maintenance to reduce fire hazards. The Florida Forest Service issues burn authorizations. Drought-related burn bans apply countywide. Miami-Dade Fire Rescue provides fire protection services.

Miami previously required EV-ready parking spaces in new construction, but Florida Senate Bill 1084 (effective July 2024) preempts local EV charger regulation. State law now governs EV charging station requirements statewide.

Florida Statute §316.1945 controls statewide parking restrictions, while Miami uses standard curb color codes (yellow no-stopping, red fire lane, blue ADA, white passenger loading) painted by city Public Works. Private curb painting on public right-of-way is prohibited without a permit.

Miami treats a vehicle as abandoned under City Code Chapter 42 and Florida Statutes Chapter 705 when left on public property more than 72 hours or in a wrecked, inoperative, or junked condition on private property. Code Compliance posts a 72-hour notice sticker, then tows. Junked vehicles on private property are abated as a public nuisance after a 10-day notice.

RV and boat parking in the City of Miami follows Miami-Dade County zoning standards under Section 33-20. One RV per property with 30 ft length and 10 ft height limits. Boat storage varies by lot size.

City of Miami driveway standards follow Miami 21 zoning code. Minimum 20 feet width for two-way and 14 feet for one-way. Vehicles must not block sidewalks. The Miami Parking Authority enforces on-street parking.

Commercial vehicle parking in the City of Miami follows Miami-Dade County Section 33-124.1 categories. Vehicles over 20 feet are prohibited in residential zones. Work trucks with external equipment need screening.

City of Miami street parking is regulated by the Miami Parking Authority and city code. Metered and permitted zones throughout downtown, Brickell, and Wynwood. Residential permit parking available in eligible neighborhoods.

The City of Miami allows overnight street parking in most areas but vehicles cannot be stored for more than 72 hours. Residential permit zones may have specific overnight rules. Miami Parking Authority enforces.

Miami enforces Florida Building Code pool barrier requirements under Florida Statute 515 and Miami-Dade Code Section 33-12. All residential pools must have a minimum 48-inch non-climbable barrier with self-closing, self-latching gates.

Miami requires building permits for retaining walls over 4 feet in height or those supporting a surcharge load. Walls must meet Florida Building Code structural requirements and comply with city zoning setback standards.

City of Miami follows Miami-Dade County Section 33-11 for fence heights: 4 feet in front setback areas, 8 feet in rear and side yards, and 2.5 feet in sight triangles. All fences must meet HVHZ wind load standards.

Fences in the City of Miami may be placed on property lines per Section 33-11. FL §823.11 prohibits spite fences. Florida has no shared-cost requirement for fencing between neighbors.

All fences and walls in the City of Miami require permits under Section 33-11. Materials must meet HVHZ wind load standards. Barbed wire prohibited except in agricultural zones.

City of Miami allows chain link, concrete block, wood, and aluminum fencing per Section 33-11. All materials must meet HVHZ wind load requirements. Fabric on chain link must be maintained.

Miami addresses animal hoarding through Chapter 6 of the City Code and Miami-Dade County animal cruelty provisions. Hoarding is defined as collecting animals and failing to provide humane care, resulting in unsanitary or hazardous living conditions.

Miami restricts the feeding of wildlife including iguanas, raccoons, feral cats, and waterfowl to prevent congregation, property damage, and public health risks. Florida law additionally prohibits feeding certain protected species like manatees and alligators.

Miami-Dade County Code Chapter 5 controls all cats inside Miami city limits, requiring rabies vaccination, county license tag, and prohibiting cats from running at large. Trap-Neuter-Return colonies must be registered with Animal Services to receive enforcement protection.

Miami-Dade County Code requires sterilization of all owned dogs and cats over six months unless the owner buys an annual unaltered-animal permit and meets breeder standards. The rule applies inside Miami because the city defers to county Animal Services for animal control.

Miami-Dade County Code Chapter 5 requires every dog or cat adopted from, or reclaimed by, county Animal Services to be microchipped before release. Miami residents follow this county rule. Microchip registration must list the current owner address and phone.

Coyotes are now established across Miami-Dade County. The Florida Fish and Wildlife Conservation Commission classifies coyotes as year-round huntable wildlife on private land. Miami and Miami-Dade prohibit intentional wildlife feeding, which keeps coyotes from habituating to humans.

Florida Statute §823.15 sets minimum care and sourcing rules for pet stores and, after a 2023 amendment, preempts local bans on retail dog and cat sales. Miami's earlier puppy-mill ordinance was nullified, leaving only state-level humane sourcing requirements for stores.

Miami-Dade County Code Chapter 5 limits residential households to no more than four dogs over four months old without a kennel license, regardless of property size. Cats are limited by nuisance standard rather than fixed count. Miami follows the county rule.

Exotic pet ownership in Miami is regulated by Florida Fish and Wildlife Conservation Commission classes and City of Miami Chapter 6. Class I wildlife (large predators) is prohibited for personal use. Class II and III animals require FWC permits and city compliance.

No breed restrictions in the City of Miami. The former Miami-Dade pit bull ban was repealed statewide October 1, 2023. FL §767.14 preempts all breed-specific legislation. All dogs regulated by behavior-based standards.

The City of Miami allows up to 15 hens and 30 growing chicks under Chapter 6, Article III. Roosters are prohibited. A county health unit permit is required. Coops must be 100 feet from dwellings.

Dogs in the City of Miami must be leashed when off private property under Miami-Dade County Code Section 5-20. Unsterilized dogs at large: $150 fine. Sterilized: $50. Off-leash allowed only in designated dog parks.

Beekeeping in the City of Miami requires FDACS registration. Hives within 15 feet of property lines need a 6-foot flyway barrier. FDACS has authority to preempt local beekeeping bans except by HOAs.

Florida law permits residential rainwater harvesting, and Miami encourages rain barrel use for landscape irrigation to reduce stormwater runoff. No city permit is required for standard residential rain barrel systems used for non-potable outdoor purposes.

Miami permits artificial turf installation on residential and commercial properties without a specific city permit for the turf itself. Florida law protects homeowners' right to use drought-tolerant landscaping alternatives including synthetic turf in most residential settings.

Miami permits residential composting on private property for personal garden use. Compost bins must be maintained to avoid odor, pest attraction, and nuisance conditions. Commercial composting operations require separate permits.

Miami requires permits for removing trees with a trunk diameter of 3 inches or more at breast height. Specimen trees with 18-inch or greater diameter receive heightened protection. Exemptions exist for single-family yard trees that are not specimen or heritage trees.

Miami encourages the use of Florida-friendly native plants in residential and commercial landscaping. The city's landscape code promotes drought-tolerant and salt-tolerant species adapted to South Florida's subtropical climate and coastal conditions.

The City of Miami requires residential properties to maintain lawns and vegetation. Overgrown grass and weeds are code violations. The city's code enforcement section handles lawn maintenance complaints.

Tree trimming in the City of Miami does not require a permit if done per ANSI A-300 standards. Tree removal requires a city permit. The city has its own tree protection program managed by the Planning Department.

The City of Miami requires properties to be free of overgrown weeds and unmaintained vegetation. Code enforcement handles weed complaints. Invasive species including Brazilian pepper and melaleuca must be managed.

SFWMD year-round two-day-per-week irrigation limits apply in the City of Miami. Odd addresses water Wednesday and Saturday; even addresses Thursday and Sunday, before 10 AM or after 4 PM.

Miami allows family daycare homes in residential zones subject to Florida DCF registration or licensing requirements. Homes caring for more than one unrelated family's children must register with the Florida Department of Children and Families.

Home businesses in the City of Miami are prohibited from displaying external signage. The dwelling must maintain residential character. General sign regulations are in the city code.

City of Miami allows home occupations under Miami 21 zoning code. A Certificate of Use and Business Tax Receipt are required. The business must maintain residential character with no external signage or excessive traffic.

Home businesses in the City of Miami must maintain minimal customer traffic compatible with residential character. Individual instruction allowed. No on-site employees beyond residents.

Florida's Cottage Food Law (FL §500.80) allows Miami residents to sell homemade food products up to $250,000 per year without a food license. Operations limited to kitchen area. Direct-to-consumer sales only.

Miami requires building permits for above-ground pools deeper than 24 inches or those with electrical and plumbing components. All above-ground pools must meet Florida Building Code barrier requirements including removable ladder provisions.

Miami regulates hot tubs and spas under the same framework as swimming pools per Florida Statute 515. Building permits, barrier requirements, and electrical safety standards apply to all permanently installed residential hot tubs and spas.

FL §515 (Residential Swimming Pool Safety Act) applies in the City of Miami requiring barriers, anti-entrapment drains, and additional safety features. HVHZ hurricane standards apply to all pool structures and enclosures.

All swimming pools and spas in the City of Miami require building permits. FL §515 mandates safety barriers. HVHZ hurricane construction standards apply. No final inspection without safety barrier.

Pool barriers in the City of Miami must be at least 48 inches high with self-closing, self-latching gates per FL §515 and Section 33-12. HVHZ wind-rated materials required. At least one additional safety feature mandatory.

Miami regulates tiny homes as accessory dwelling units or primary structures depending on size and lot placement. Tiny homes on foundations must meet Florida Building Code HVHZ standards. Tiny homes on wheels are classified as recreational vehicles with separate parking restrictions.

Miami requires building permits for carport construction. Carports must comply with Florida Building Code wind load requirements, zoning setbacks, and lot coverage limits. The high-velocity hurricane zone standards add additional structural requirements.

Miami permits accessory dwelling units in most transect zones under Miami 21, the city's form-based zoning code. Permits are issued by the City of Miami Building Department after Planning and Zoning review under Article 4 (Standards and Tables). Florida HB 1031 (effective July 2024) requires local governments to allow ADUs in single-family zones.

ADUs rented long-term (30+ days) in Miami face no zoning-based restrictions. Short-term rentals (under 30 days) are sharply restricted: in T3 single-family transect zones, City of Miami STR ordinance §2-1100 prohibits non-owner-occupied vacation rentals. Florida Statute §509.032(7) preempts local STR licensing but allows registration.

Miami 21 does not require the property owner to live on-site to operate an ADU. Florida HB 1031 (2024) further restricts local governments from imposing owner-occupancy mandates on accessory dwelling units. Recorded deed restrictions in some HOAs may still impose private occupancy rules.

Miami ADUs are subject to Miami-Dade County impact fees (roads, schools, parks, police, fire) tied to the new dwelling unit, plus City of Miami building permit and plan-review fees. The County's impact fee schedule is set in Miami-Dade Code Chapter 33E. Florida law caps annual increases to county impact fees.

Garage conversions to ADUs in the City of Miami require building permits and HVHZ compliance. Miami 21 governs ADU eligibility by transect zone. Impact-resistant openings mandatory. Licensed contractors required.

The City of Miami allows ADUs in T3-L transect zones under Miami 21 with maximum 450 sq ft. Owner occupancy required (homestead exemption). Proposed expansions to T3-R and T3-O zones. One ADU per property.

Utility sheds in the City of Miami follow Miami-Dade Section 33-20(k): one shed up to 400 sq ft per lot. Sheds under 100 sq ft have reduced setbacks. All sheds must meet HVHZ wind load and anchoring requirements.

Miami does not have a specific ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-unit balcony smokers face the same NFPA 1 / IFC §308.1.4 restrictions as other open-flame cooking. Excessive smoke crossing property lines can be addressed under City nuisance code.

Outdoor kitchens in Miami require building, mechanical, electrical, and plumbing permits from the City of Miami Building Department under the Florida Building Code. Roofed pergolas and freestanding structures must meet HVHZ wind load standards (170+ mph design wind speed) under FBC Chapter 16.

Miami enforces the Florida Fire Prevention Code (FFPC), which adopts NFPA 1 and IFC provisions. Open-flame cooking and LP-gas grills are prohibited on combustible balconies or within 10 feet of combustible construction in buildings with 3 or more dwelling units. Single-family backyard grilling is permitted.

Miami has no specific City ordinance restricting residential inflatable holiday displays. Practical limits come from HOA and condo covenants, the Miami Code Chapter 36 nighttime noise cutoff (11 PM for blower/music), and the practical requirement to deflate and secure inflatables ahead of any Tropical Storm or Hurricane Watch.

Miami has no citywide ordinance restricting residential holiday lights at single-family homes. Condo and HOA covenants frequently impose rules under FL §718 and §720. Outdoor circuits must comply with the Florida Building Code (GFCI protection) and any displays incorporating amplified sound must respect Miami Code Chapter 36 (11 PM cutoff).

Miami's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays. Political signs are protected as free speech. Condo and HOA architectural review committees retain authority under FL §718 and §720, and all loose ornaments must be secured ahead of any Tropical Storm or Hurricane Watch.

Florida House Bill 1281 (2022) preempts municipalities from regulating fuel sources of equipment, blocking any Miami gas leaf-blower ban. Miami may still set noise time-of-day limits but cannot prohibit gas-powered units citywide.

Florida sets no general anti-idling statute, and Miami has not adopted a citywide idling ordinance. Drivers face only narrow limits at school zones, county fleet contracts, and federal diesel rules under EPA SmartWay.

Miami declared climate urgency through Resilution R-19-0247 and adopted the Miami Forever Climate Ready Strategy alongside the regional Resilient305 plan. The framework guides sea-level-rise adaptation, emissions targets, and an Office of Resilience and Sustainability.

Miami pursues heat-island mitigation through the Public Tree Master Plan, Resilient305 cool-surface goals, and the Office of Heat and Health, targeting a 30 percent tree canopy by 2050 and reflective pavement pilots in vulnerable neighborhoods.

Miami's Sustainable Procurement Policy directs the Procurement Department to consider environmental, social, and economic factors when buying goods and services, prioritizing recycled content, energy-efficient products, and locally sourced materials in city contracts.

The Florida Building Code Energy Conservation chapter, enforced by Miami's Building Department, requires reflective cool-roof products on most low-slope commercial reroofs and incentivizes Energy Star roofs on new homes through high-velocity hurricane zone product approvals.

Miami enforces comprehensive stormwater management under Chapter 17 of the City Code (Stormwater Utility) and Miami-Dade County Environmental Resource standards. The city operates a Municipal Separate Storm Sewer System (MS4) under an NPDES permit issued by the Florida DEP.

Miami requires erosion and sediment control measures on all construction sites under the city code and FDEP NPDES Construction General Permit requirements. BMPs must be installed before land-disturbing activities begin given Miami's proximity to Biscayne Bay and coastal waterways.

Miami regulates grading and drainage through the city code and SFWMD permit requirements. Given the city's extremely low elevation and high water table, proper drainage design is critical for all development. Projects must not increase stormwater runoff to adjacent properties or public ways.

Miami requires all waterfront property owners to maintain their seawalls, bulkheads, or shoreline protection structures in good repair. New seawalls east of US-1 must meet minimum elevation of 6 feet NAVD 88 (north of Rickenbacker) to address sea-level rise.

Mangroves in Miami are protected under Florida's Mangrove Trimming and Preservation Act (FL §403.9321-403.9333). Trimming mangroves under 10 feet is exempt from permits if done correctly, but removal or defoliation is prohibited. Larger mangroves require professional trimmers and permits.

Boat dock construction or modification in Miami requires a City building permit and a Miami-Dade County Class I environmental permit. Recreational facilities with 10+ slips and all commercial docking facilities need an annual operating permit from the county.

The City of Miami has extensive FEMA flood zones due to coastal exposure, Biscayne Bay, and low elevation. Chapter 11 of the city code addresses flood damage prevention. Sea level rise and King Tides cause increasing seasonal flooding.

The City of Miami enforces HVHZ building code, the strictest in the US. Impact-resistant windows and reinforced roofing required for all new construction. Sea level rise adaptation policies are in the Comprehensive Plan.

Florida prohibits all home cultivation of cannabis. Even qualified medical patients under FL §381.986 must purchase from licensed Medical Marijuana Treatment Centers; growing a single plant remains a third-degree felony statewide. Miami cannot authorize home grows.

Miami regulates medical marijuana dispensary locations through Miami 21 zoning code. Licensed MMTCs must comply with distance requirements from schools, churches, and residential areas. Miami-Dade County also has zoning requirements under County Code §33-149.5.

Home cultivation of cannabis is illegal in the City of Miami and throughout Florida. Medical marijuana may only be purchased from licensed dispensaries under FL §381.986. Recreational cannabis is illegal statewide.

Miami participates in the SolarApp+ automated review platform and complies with Florida Statute 163.04 guaranteeing solar rights. Most rooftop residential photovoltaic permits clear in under one business day with no zoning hearing.

Florida Statute 366.91 allows investor-owned utilities to offer voluntary community-solar subscription programs, but bars third-party shared solar facilities. Miami residents subscribe through Florida Power and Light's SolarTogether rather than independent community arrays.

Florida law (FL Stat. §163.04) strongly protects homeowners' rights to install solar panels and limits HOA authority to impose restrictions. HOAs may set reasonable aesthetic standards but cannot prohibit solar installations or make them unreasonably expensive.

Solar panel installations in the City of Miami require building permits. All panels must meet HVHZ wind load requirements. FL §163.04 protects homeowners' right to install solar. FPL net metering available.

Miami restricts temporary garage sale signs under Miami 21 zoning code provisions. Signs are permitted on private property during the sale but prohibited on public rights-of-way, utility poles, and traffic signs. Signs must be removed after the sale ends.

Miami regulates political signs as temporary signs under Miami 21 Article 10. Residential properties may display non-illuminated temporary signs up to 6 square feet per sign without permits. After Reed v Gilbert, content-based timing rules were removed; signs are subject to content-neutral size, placement, and removal standards applicable to all temporary signs.

Miami does not heavily restrict holiday displays on private property. Seasonal decorations are generally permitted without a permit. Displays must not create safety hazards, obstruct sidewalks, or violate electrical codes.

Miami does not have snow or ice removal requirements. The city's tropical climate means snowfall is virtually nonexistent. There are no ordinances requiring snow or ice clearing from sidewalks or other surfaces.

Miami permits garage and yard sales in residential areas with limits on frequency and duration. Sales are regulated as accessory residential uses under Miami 21 zoning code.

Miami regulates trash and recycling bin placement through the city's solid waste code. Bins must be stored out of public view when not set out for collection and placed curbside only during designated periods. The city provides automated collection with city-issued carts.

Miami requires vacant lot owners to maintain their properties free of overgrown vegetation, debris, and hazards. The city actively enforces vacant lot maintenance through Code Compliance and may abate violations at the owner's expense.

The City of Miami prohibits accumulation of junk, litter, trash, and abandoned property on lots. Code enforcement handles blight complaints through 311. Properties failing maintenance may be cleaned at owner's expense.

Miami has sea turtle lighting ordinances that function as partial dark sky rules for coastal properties. Miami-Dade County Code Chapter 26 requires turtle-friendly lighting during nesting season (March-October) on beachfront properties. This effectively limits light pollution in coastal areas.

Miami addresses light trespass through Miami 21 zoning code lighting standards and nuisance provisions. Commercial and industrial developments must prevent light spill onto adjacent residential properties. The turtle lighting ordinance also addresses light trespass toward beaches.

Florida law does not require relocation payments to displaced tenants, and Miami has no local relocation-assistance ordinance. Renters forced out by demolition, conversion, or owner move-in receive only their deposit back, not statutory relocation pay.

Florida Statutes Section 83.49 governs Miami security deposits. Landlords must hold deposits in a Florida bank, disclose holding details within 30 days, and return funds within 15 to 60 days depending on whether deductions are claimed.

Florida Chapter 83 lets landlords end month-to-month tenancies without cause on 30 days written notice and refuse to renew fixed-term leases on 30 to 60 days notice. Miami has no local just-cause protection layered on top.

Miami Code Sec. 47-13 (Tenant Bill of Rights) gives renters limited anti-harassment protection layered on top of Florida Section 83.67's prohibition against self-help eviction, retaliation, and unlawful interference with quiet enjoyment.

Miami-Dade County Human Rights Ordinance Chapter 11A bars landlords from refusing tenants based on lawful source of income, including Section 8 housing vouchers. Florida has no statewide rule, but the county ordinance covers the City of Miami.

Miami-Dade Public Housing & Community Development administers the Section 8 Housing Choice Voucher program, and Miami-Dade County's Human Rights Ordinance prohibits Miami landlords from refusing tenants solely because they hold a voucher.

Miami does not have a just-cause eviction ordinance. Evictions are governed by the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). The 2023 Live Local Act (HB 1417, codified at Fla. Stat. Sec. 166.0444) preempted local tenant-protection ordinances exceeding state law. Landlords must give a 3-day written notice for non-payment (Sec. 83.56) and 30 days' notice to terminate month-to-month tenancies (Sec. 83.57). Self-help evictions (lockouts, utility shutoffs) are prohibited under Sec. 83.67.

Miami requires rental property owners to maintain a current Certificate of Use and business tax receipt. The city's Code Compliance division enforces minimum housing standards on rental properties. Miami-Dade County also requires rental property registration in some areas.

Miami has no rent control ordinance. Florida preempts all local rent control under Fla. Stat. Sec. 125.0103, and the 2023 Live Local Act (SB 102) eliminated the prior housing-emergency exception. HB 1417 (Fla. Stat. Sec. 166.0444) further preempted local tenant-protection ordinances, invalidating the Miami-Dade County Tenant's Bill of Rights provisions that exceeded state law. Miami cannot adopt rent stabilization, rent caps, or local limits on rent increases. Landlords set rent and increases by lease contract.

Florida sets no statewide organics recycling mandate, and Miami's Solid Waste Department has not adopted one. Residents and businesses may participate in voluntary curbside compost pilots and private haulers without facing diversion penalties.

Miami collects yard trash twice monthly through the bulky waste program. Residents may set out tree limbs, palm fronds, and bagged leaves curbside on scheduled pickup weeks. Hurricane-season trimming is encouraged. Volume is capped at six cubic yards per pickup.

Miami provides bulk item collection as part of regular residential service. Up to 3 bulk items per week are collected on regular trash days. Larger quantities require scheduling special pickup through the Solid Waste Department.

Miami provides curbside single-stream recycling collected weekly. Florida law requires commercial recycling, and Miami encourages residential participation. Accepted materials include paper, cardboard, plastics #1-#7, glass, and metals.

Miami requires specific bin placement for automated collection. Bins must be placed at the curb with handles facing the house and adequate clearance from obstacles. When not set out, bins must be stored out of public view.

City of Miami Department of Solid Waste provides twice-weekly garbage, once-weekly recycling, and once-weekly yard waste collection under Chapter 22. Carts placed at curb by 6 AM on collection day and removed by midnight.

FAA Class B and Class D airspace blanket Miami International, Opa-locka, Miami Executive, and Tamiami airports. Recreational and Part 107 pilots must obtain LAANC authorization before flying any drone within five miles of those facilities.

FAA Temporary Flight Restrictions automatically close airspace over Hard Rock Stadium, Kaseya Center, LoanDepot Park, and Miami Beach race events during games and large gatherings. Drone operators face federal penalties plus city trespass charges.

Miami Parks and Recreation prohibits drone operation in city parks without a Special Events Permit under Code of Ordinances Chapter 38. Bayfront Park, Maurice A. Ferré Park, and Virginia Key Beach Park all prohibit drone takeoff and landing. KMIA Class B airspace covers most of the city, and Florida Statute §330.41 supplements with state restrictions.

Miami enforces strict drone limits via federal FAA rules and Florida Statute 330.41. Pilots must register drones over 0.55 lbs ($5/3 years), pass TRUST, fly under 400 feet AGL within line of sight. Miami Parks & Recreation bans drones in city parks including Bayfront. Florida law prohibits drones over critical infrastructure, large gatherings, and within 500 ft horizontal of stadiums.

Commercial drone operations in Miami require FAA Part 107 certification and LAANC authorization for flights in controlled airspace. Florida's drone privacy law and the city's dense urban environment create additional operational considerations.

Miami has designated food truck areas and regulates where mobile vendors may operate. Food trucks may operate on private property with owner permission or in designated public vending zones. Special food truck events and rallies are popular and may require event permits.

Miami food trucks must hold a Florida DBPR Mobile Food Dispensing Vehicle (MFDV) license ($347 annually) plus a City of Miami Certificate of Use and Business Tax Receipt. Florida state law (HB 1193, F.S. §509.102) preempts city bans, but Miami Code §35-223 restricts vending on most public rights-of-way and requires private-property operation with owner consent.

Miami honors 'No Soliciting' signs posted at residences. Solicitors who ignore posted signs may be cited for trespassing under Florida law. The city does not maintain a formal 'Do Not Knock' registry.

Miami Code Chapter 39 requires peddlers and solicitors to obtain a city permit after a Miami PD background check. The Finance/NET office issues the permit and photo ID. Religious, political, and charitable canvassing is exempt. Solicitation hours are 9 AM to sunset and "No Soliciting" signs are enforceable.

Miami follows the Miami-Dade County juvenile curfew prohibiting minors under 17 from public places between 11:00 PM and 6:00 AM Sunday-Thursday and 12:01 AM to 6:00 AM Friday-Saturday. Zone-specific curfews may apply during emergencies or in entertainment districts like Miami Beach. Parents face civil fines and minors face diversion programs.

Miami city parks are generally closed from sunset to sunrise unless otherwise posted. The Parks and Recreation Department enforces park hours, and persons in parks after closing may be cited for trespassing.

Miami regulates lot coverage through Miami 21 transect zone standards. Coverage limits range from 40% in suburban zones to 80%+ in urban core zones. The form-based code also regulates open space and pervious surface requirements.

Miami regulates building heights through the Miami 21 transect zones. Heights range from 35 feet in T3 suburban areas to virtually unlimited in T6 urban core, with the notable constraint of Miami International Airport's Federal Aviation Administration height restrictions.

City of Miami setbacks are governed by the Miami 21 transect-based zoning code. Setbacks vary by transect zone from T3 (most suburban) to T6 (most urban). Build-to lines replace minimum setbacks in urban zones.

Miami Code Chapter 17 and Florida Statute Sec. 163.045 protect specimen and heritage trees. Mangroves are governed by FL Sec. 403.9321. Removal of native species like live oak, mahogany, gumbo limbo, or any tree over 18 inches DBH requires a city tree permit and replacement.

Miami protects all trees on private property 4+ inch DBH under City Code Chapter 17 and overlays Miami-Dade County Specimen Tree rules for trees 18+ inch DBH or designated species (live oak, mahogany, gumbo limbo). Removal requires a tree-removal permit, replacement plantings, and county review for Specimen Trees.

Miami mandates tree replacement when trees are removed for development or other purposes. The city requires replacement ratios based on tree size and species, with higher ratios for protected and heritage species. Payment into the city's tree trust fund is an alternative.

The City of Miami requires tree removal permits through the Planning Department. The city has its own tree protection program separate from the county. Trees of significant size require permits before removal.

Miami requires a garage sale permit ($15) from the Code Compliance department before each sale. Properties are limited to two permits per calendar year, each lasting up to two consecutive days. Hours are 8:00 AM to 6:00 PM. Signs are restricted to the sale property only. Violations carry fines up to $500.

Miami restricts garage sale hours to reasonable daytime periods. Sales must comply with noise ordinance provisions and may not operate during early morning or late evening hours.

Miami limits the frequency of residential garage sales to prevent commercial operations in residential neighborhoods. Properties are generally limited to 2-3 sales per calendar year, each lasting a few days.

Florida law caps HOA fines at $100 per day per violation (up to $1,000 aggregate) and requires a fining committee separate from the board. Condo fine procedures follow similar rules. Associations can suspend common-area use rights for delinquent owners.

Miami HOAs and condominiums are governed by the Florida Homeowners' Association Act (FL §720) and the Florida Condominium Act (FL §718). Boards must hold annual meetings, provide 14-day notice, maintain official records, and comply with strict financial reporting requirements.

Miami HOAs and condos require prior board approval for exterior modifications and unit alterations through an architectural review committee (ARC). The declaration and bylaws define what changes need approval, and Florida law limits HOAs from prohibiting certain improvements like hurricane shutters and solar panels.

Florida law requires condo and HOA boards to prepare annual budgets, fund reserves, and collect assessments. The 2024 condo reforms mandate fully funded structural reserves by 2025. Special assessments require proper notice and may require member vote depending on governing documents.

Florida requires mandatory pre-suit mediation for most condo disputes (FL §718.1255) and non-binding arbitration through the DBPR Division of Condominiums for certain disputes. HOA disputes may also go through pre-suit mediation under FL §720.311.

Miami is within the High Velocity Hurricane Zone (HVHZ) under the Florida Building Code. All building envelope openings must meet FBC Section 1626 large missile impact test criteria or be protected by approved shutters. Products must carry Florida Product Approval for HVHZ use.

Miami's HVHZ designation requires enhanced roof systems meeting FBC and TAS 101/102/103 test standards. Roof-to-wall connections must resist uplift forces at 170+ mph. Every component — deck attachment, underlayment, secondary water barrier, and covering — must meet HVHZ specifications.

Miami requires new construction in flood zones to be elevated to the FEMA Base Flood Elevation (BFE) plus freeboard. The city allows up to 5 feet of freeboard above BFE. The Florida Building Code mandates the lowest floor at or above the Design Flood Elevation (DFE).

Miami-Dade County and the City of Miami coordinate post-hurricane debris removal under FEMA Public Assistance guidelines. Property owners must separate debris by type (vegetative, construction, appliances) and place it curbside. Pre-storm yard preparation is encouraged to minimize airborne debris.

Miami's Office of Film and Entertainment processes filming permits for shoots on city streets, parks, and public buildings. Miami-Dade County Office of Film and Entertainment handles county-wide locations, with both requiring insurance and 48-hour advance notice.

Miami enforces the Florida Building Code and Florida Fire Prevention Code, requiring NFPA 13 sprinklers in nearly all new commercial, multifamily, and high-rise buildings. NFPA 13D residential systems are encouraged but not yet mandatory for single-family homes.

Miami Code Sec. 10-4 requires new city-funded buildings over 7,500 square feet and certain large private projects to achieve LEED Silver certification or equivalent green-rating standards, with verification through the US Green Building Council.

Florida Statutes Chapter 402 and Department of Children and Families licensing govern Miami childcare centers, layered with Miami-Dade Building Code, Miami Fire-Rescue inspections, and Miami 21 zoning approvals before a center can open.

Miami Code Chapter 39 requires written application to the Police Department at least 60 days before any parade or demonstration in city streets. Permits cover route, traffic control, insurance, and security staffing.

Block parties in Miami requiring street closure need permits from the City of Miami Department of Film and Entertainment and Miami-Dade County. Applications must be submitted 30-60 days in advance. Both commercial and non-commercial events on residential streets are covered.

Events in City of Miami parks require a permit from the Parks and Recreation Department. The Parks Permit Handbook outlines categories from small gatherings to large festivals. Permits are first-come, first-served and subject to space and time availability.

Miami permits sidewalk cafes through its zoning code (Miami 21) with a Sidewalk Cafe Permit from the Planning Department. Cafes must maintain minimum pedestrian clearance, comply with ADA requirements, and operate within approved boundaries and hours.

Miami Code Section 54-2 prohibits obstruction of free passage on streets, sidewalks, and public rights-of-way. No person may stand, loiter, sit, lie, or camp in a manner that obstructs pedestrian passage. Section 54-3 requires permits for any work that closes or obstructs a sidewalk.

Miami Code of Ordinances Chapter 54, Article II governs sidewalk construction, excavation, and repair. Property owners are responsible for maintaining sidewalks adjacent to their property. Repairs must follow city-established lines and grades under Section 54-41, and all work requires a permit from the Public Works Department.

Miami requires permits under Section 54-3 for any work or installation that encroaches upon the public right-of-way. Applications require approval from multiple city departments. Outdoor dining encroachments, construction staging, and permanent structures in the right-of-way all require separate permits and insurance.

Miami Code Chapter 36 sets a 70 dBA daytime construction-equipment limit measured at the property line and prohibits work before 7 a.m. weekdays or 10 a.m. weekends. Heavy operations require additional Miami-Dade County compliance.

Miami International Airport's FAA Part 150 Noise Compatibility Program restricts maintenance engine run-ups to designated pads and nighttime hush-house enclosures. Miami-Dade Aviation enforces airline operating directives but city ordinance cannot regulate airfield noise.

Miami regulates HVAC equipment noise under Chapter 36 general noise provisions. Mechanical equipment noise plainly audible at 100 feet from the property line violates Section 36-4. Nighttime readings (10 PM-7 AM) receive a 10 dB(A) penalty before averaging. Equipment must have functioning mufflers.

Miami prohibits amplified music from businesses between 11 PM and 7 AM under Section 36-5, with enhanced enforcement in Wynwood, Brickell, and downtown. The Wynwood Entertainment District pilot allows music until 3 AM with limits of 80 dB at 25 feet from the property line. Fines escalate from $250 to $5,000 per day.

Miami regulates car alarm noise under Chapter 36 general noise provisions and Chapter 3 alarm systems regulations. Vehicle alarms plainly audible at 100 feet violate Section 36-4. Miami-Dade County requires burglar alarm registration. False alarm fees apply for repeated activations.

Miami regulates generator noise under Chapter 36 general noise provisions. Generator noise plainly audible at 100 feet from the property line violates Section 36-4. Nighttime operation (10 PM-7 AM) faces stricter measurement with a 10 dB(A) penalty. Emergency generators during hurricanes and power outages are generally exempt.

EPA's Renovation, Repair, and Painting Rule and HUD lead-disclosure rule apply to Miami pre-1978 rental units. Florida Statute 381.984 layers state lead-poisoning prevention oversight, while the city has no separate municipal lead ordinance.

Miami enforces rental property conditions through Code Compliance and the Building Department's unsafe structures program under Chapter 10. Miami-Dade County's Minimum Housing Code requires all rental housing to maintain safe and sanitary conditions. The 40-year building recertification program requires structural and electrical inspections.

Miami-Dade County's Minimum Housing Code requires all rental housing to contain basic equipment and be maintained in safe and sanitary condition. Required standards include working plumbing, electrical, weather protection, structural integrity, and pest control. Florida Statute §83.51 requires landlords to comply with building, housing, and health codes.

Miami tenants file housing complaints through Code Compliance at 305-416-2087 or online. Inspectors investigate and issue citations to property owners for confirmed violations. Miami-Dade County's Consumer and Neighborhood Protection division handles county-level housing complaints. Florida law prohibits landlord retaliation under §83.64.

Florida Department of Agriculture's Noxious Weed list includes Ailanthus altissima (Tree of Heaven), banning sale or transport. Miami homeowners discovering specimens should remove them, though Tree of Heaven is far less common in South Florida than melaleuca, Brazilian pepper, or Australian pine.

Florida Statute 316.0777 authorizes automated license plate readers for law enforcement and limits data retention to three years for non-evidentiary scans. Miami Police operate fixed and mobile ALPRs across city streets and ports of entry.

Florida HB 543 (2023) authorizes permitless concealed carry of handguns by law-abiding adults aged 21 and over statewide. Miami follows state law unchanged; the city cannot impose extra permits, training mandates, or carry zones beyond those listed in Chapter 790.

Florida Statute 790.053 prohibits open carry of firearms in public, with narrow exceptions for hunting, fishing, camping, target shooting, and lawful self-defense. Miami follows state law; the city cannot loosen, tighten, or add open-carry overlays beyond Chapter 790.

Florida Statute 790.25(5) permits any law-abiding adult to keep a firearm in a private vehicle if it is securely encased or otherwise not readily accessible for immediate use. Miami follows the state rule and adds no local vehicle-storage requirements.

Miami cannot enact local firearm ordinances — Florida Statutes Section 790.33 reserves the whole field of firearm and ammunition regulation to the state Legislature. Local officials who knowingly enact preempted rules face personal civil fines up to $5,000 and removal from office.

Miami enforces the federal Tobacco 21 minimum age and Florida SB 1080 (2021), which raised the state minimum age to 21 for tobacco and vape sales. Florida state law preempts local tobacco regulation, so Miami has no local flavor ban or supplemental license. The Florida Division of Alcoholic Beverages and Tobacco licenses retailers and conducts compliance checks.

The City of Miami has no enforceable local flavored tobacco or vape ban. Fla. Stat. Section 569.0025 and Section 569.315 preempt to the state of Florida the regulation of the marketing, sale, or delivery of tobacco and nicotine products. The only flavor restrictions in effect in Miami come from federal law: the FDA limits cartridge-based e-cigarettes to tobacco and menthol flavors, and federal law bans characterizing flavors other than tobacco and menthol in cigarettes.

Miami cannot enforce its own tobacco or vape retailer licensing rules. Fla. Stat. Section 569.0025 preempts to the state of Florida the regulation of the marketing, sale, or delivery of tobacco products, with parallel preemption for nicotine products under Section 569.315. Retail tobacco and nicotine dealer permits are issued by the Florida Division of Alcoholic Beverages and Tobacco (ABT), not the City of Miami.

Florida Statute 500.90 and 403.7033 preempt local regulation of polystyrene foam containers. Miami may not ban Styrofoam takeout boxes, cups, or coolers. Restaurants remain free to use foam packaging, though many switch voluntarily to fiber alternatives.

Florida Statute 500.90(4) and 2019 HB 771 preempt city plastic-straw bans, suspending enforcement of any local ordinance through July 1, 2030. Miami offers straws by default at restaurants; only voluntary upon-request programs operate citywide.

Miami cannot ban or tax plastic carryout bags. Florida Statute §403.7033, on the books since 2008 and reinforced by HB 7045 in 2019, expressly preempts local regulation of "auxiliary containers" including plastic carryout bags. Coral Gables' 2017 ban was struck down by Florida's Third District Court of Appeal in 2019. Plastic bags remain legal citywide.

Florida HB 433 (2024) bars cities from regulating employer scheduling practices. Miami has no fair-workweek or predictive-scheduling ordinance, and any future local rule covering private employers would be void.

Miami cannot set its own minimum wage for private employers. Fla. Stat. § 218.077 preempts municipal wage ordinances. The Florida Constitution (Art. X, § 24) sets the state minimum at $14.00/hour (effective 9/30/2025), rising to $15.00 on 9/30/2026. Tipped wage: $10.98/hour cash + tips.

Miami has no local paid sick leave or paid family leave mandate, and cannot adopt one for private employers. Fla. Stat. § 218.077(2) preempts political subdivisions from requiring employment benefits beyond state or federal law. Florida has no state-level paid leave program. Federal FMLA (unpaid, 12 weeks) is the only floor.

Florida SB 168 (2019) prohibits sanctuary policies and requires state and local agencies to honor federal immigration detainers and cooperate with ICE. Miami complies; the city does not have, and cannot adopt, a sanctuary policy.

Miami's camping enforcement was shaped by the Pottinger v. City of Miami consent decree (1998-2018), which limited arrests of unsheltered people for life-sustaining acts. Florida HB 1365 (2024) now requires cities to ban public camping, ending the Pottinger-era equilibrium.

South Florida Water Management District Rule 40E-24 imposes year-round, two-day-per-week lawn watering limits on Miami properties, enforced jointly by Miami-Dade County and city code compliance. Watering is allowed only before 10 a.m. or after 4 p.m.

Miami 21 is one of the first major US form-based zoning codes, organizing the city into Transect Zones T1 through T6 plus Districts and Civic Spaces. Special Area Plans allow large parcels nine acres or more to negotiate custom regulating plans.

Florida regulates restaurants through the Department of Business and Professional Regulation Division of Hotels and Restaurants, not local health departments. Inspections are unannounced twice yearly but Florida does not post letter grades; results are searchable online by establishment name.

Florida Statute §381.0072 makes property owners responsible for controlling rats and rodents that create a sanitary nuisance, enforced locally through Miami-Dade Department of Solid Waste Management and the Florida Department of Health Miami-Dade. Bait stations and structural exclusion are the standard remedies.

Florida Statute §381.0098 authorizes county-approved Sterile Needle and Syringe Exchange Programs (SSEP). The Miami SHARP program at IDEA Exchange is Florida's first authorized exchange. Households may dispose of household sharps via mail-back kits or pharmacy take-back, never in regular trash.

Florida Statute §509.039 requires every public food-service establishment to have at least one certified Food Protection Manager on staff. Miami restaurants meet this through DBPR-approved exams. Florida does not mandate individual food-handler cards for line cooks; managers train staff on basic food safety.

Miami hotel guests pay roughly 13 percent total tax: Florida state sales tax of 6 percent plus Miami-Dade County Tourist Development Tax (TDT) of 6 percent. Hosts and operators must register with the Florida DOR and Miami-Dade Tax Collector and remit monthly.

Miami Code Chapter 23 governs Historic Designation, empowering the Historic and Environmental Preservation Board (HEPB) to designate landmarks and districts and require Certificates of Appropriateness for exterior changes.

The Historic and Environmental Preservation Board designates individual cultural monuments under Miami Code Sec. 23-4. Designation triggers full Certificate of Appropriateness review and unlocks state historic tax credits and federal Section 106 protections.

Massage businesses in Miami must obtain Florida Department of Health establishment and individual therapist licenses under Chapter 480 and a Miami certificate of use under Code Sec. 31. Human-trafficking signage and 10 PM closing rules also apply.

Miami restricts adult-entertainment establishments through Code Chapter 4 alcohol rules and Miami 21 form-based zoning. Such uses are confined to specific T6 urban-core transect zones with distance buffers from schools, churches, parks, and other adult businesses.

Miami issues no separate tobacco-retail license. Florida DBPR Division of Alcoholic Beverages and Tobacco regulates retail tobacco permits statewide under Chapter 569, and Florida Sec. 569.31 preempts cities from imposing additional local tobacco licenses or fees.

Secondhand dealers in Miami must register under Florida Statute Sec. 538.04 and report transactions through the state's electronic LeadsOnline database. Miami-Dade County also requires a local certificate of use, and items must be held at least 15 days before resale.

Pawnbrokers in Miami are licensed exclusively by the Florida Department of Agriculture and Consumer Services under Chapter 539. Loans cap at 25 percent monthly interest, items must be held 30 days, and daily transactions must be reported electronically.

Tow operators in Miami must comply with Florida Statute Sec. 715.07 plus Miami-Dade County Chapter 30 wrecker regulations. Maximum non-consent tow rates, signage at private lots, and 24-hour reporting to law enforcement are required, with rotation lists for police-ordered tows.

Miami Code Sec. 37 prohibits aggressive panhandling — soliciting with threatening conduct, blocking pedestrians, or repeating requests after refusal. Florida Statute Sec. 856.022 also restricts loitering. Passive sign-holding remains First Amendment-protected speech.

Miami Code Sec. 37 prohibits urinating, defecating, or discharging bodily fluids in any public place. Violations are misdemeanors with fines and possible jail. Florida Statute Sec. 800.03 (exposure of sexual organs) can apply if exposure is lewd.

Miami Code Chapter 36 noise rules ban amplified residential disturbances, and a loud-party cost-recovery provision lets the city bill repeat offenders for second-response police time. Daytime limits are 65 dB and nighttime limits 55 dB at the property line.

Miami's Smoke-Free Public Areas ordinance, building on Florida's 2022 Clean Air Act amendments, bars smoking in city parks, beaches, and recreation areas. Vaping is included. Fines start at 50 dollars, and signage is posted at park entrances.

Florida Statute Sec. 316.130 governs Miami pedestrian conduct. Pedestrians must use crosswalks at intersections with signals, yield to vehicles when crossing midblock, and obey walk signals. Violations are noncriminal traffic infractions punishable by fines.