Miami Springs aims to pull plug on late-night bass from a Hialeah business
The City of Miami Springs has filed a lawsuit that aims to pull the plug on late-night bass coming from a business in Hialeah’s entertainment district miles away.
“The nuisances stemming from the property have gone unchecked, creating a significant annoyance to the City’s [Miami Springs’] residents, as evidenced by the 243 calls to the City’s emergency police line,” the City of Miami Springs said in a lawsuit filed Jan. 21 in Miami-Dade Circuit Court against Factory Town Holdings LLC.
Factory Town, located at 4800 Northwest 37th Ave., had not filed an answer to the lawsuit, as of Wednesday, according to the county courts’ database. A Factory Town representative did not respond to an email sent on Tuesday seeking comment.
The Herald reported last month that Miami Springs residents have lit up police switchboards in five jurisdictions demanding that outsiders dial things down.
“At least two residents feared for their safety, believing that the reverberations from the noise would cause their roofs to collapse,” the City of Miami Springs said in a Dec. 10 letter to Factory Town.
A public records request by the Herald shows that 132 of the purported 243 nuisance calls were made by callers without listed street addresses, according to Miami Springs police. Audio copies of what Miami Springs has described as “noise calls - factory town event,” would require nine hours of labor, according to the City Clerk.
“Yeah, are you calling for loud music?” a Miami Springs police nonemergency line dispatcher asked at 2:35 a.m. on Dec. 4, according to an audio release. “It’s being held at 4800 NW 37th Avenue. Hialeah police is on scene. They are the ones hosting the event.”
One resident was surprised to learn he heard the music from about three miles away.
“Holy cow, from there?” said Robert Vento, of Miami Springs.
Miami Springs Mayor Maria Mitchell also heard the music and called police.
“This is Mayor Maria Mitchell. Who is the chief of police or the lead police officer?” Mitchell asked a police dispatcher just before midnight on Dec. 4. “I am over here now. I am driving around Springs listening to it.”
However, the Miami Springs police dispatcher did not recognize the caller.
“And you said you are the mayor for Miami Springs?” asked the police dispatcher.
Mitchell gave police her phone number and asked for a sergeant to call her back.
Accustomed to noise
Miami Springs is a three-square-mile city, population 13,859, founded by aviation pioneer Glenn Curtiss. No stranger to noise, the city has adapted to jet runups on its south from Miami International Airport, late-night train horns on its west from the Florida East Coast Railway yard and drag racers on the north along Okeechobee Road.
On its east end, Miami Springs has built 8-foot fences along parts of Northwest 36th Street after residents complained about ladies screaming and “immoral behavior” near hotels. More noise in this region may be forthcoming when a major roadway undergoes construction.
“As far as the Iron Triangle project which is the corner of Le Jeune Road and Northwest 36th street, that they [Florida’s Dept. of Transportation] have decided to move to the PD&E phase, which is the project development and environmental studies. It’s past the study phase.” Miami Springs Mayor Maria Mitchell said at Monday’s City Council meeting.
The Iron Triangle is an “urban interchange mobility” plan on Miami Springs’ eastern boundary.
Factory Town sits inside Hialeah’s entertainment subdistrict. It is about a mile from the Iron Triangle project that abuts Miami Springs’ adult entertainment district.
“Cities can impose restrictions on sound as long as they do not use the regulations to censor music on the basis of its content,” said Tom Julin, a Miami attorney who specializes in First Amendment law. “But it might be that the city [Hialeah] is not enforcing its own zoning code.”
Section 58-47(a) of the Hialeah Zoning Code has this provision:
“Where light and/or amplified sound are to be provided, the locations and orientations of any lighting devices, megaphones, loud speakers or other devices shall be provided, and the measures to be implemented to minimize and mitigate light, glare, and noise impacts to contiguous properties.”
Hialeah Mayor Esteban Bovo did not return a call from the Herald seeking comment.
Guidelines for making complaints
The Miami Springs Police Department has issued guidelines for making complaints about the matter.
“If you are unsure where the music is coming from call MSPD, so they can attempt to locate its source,” Miami Springs police said in a statement. “If you are aware the music is coming from outside the City of Miami Springs you can help us by notifying the appropriate jurisdiction such as Miami-Dade police, (305) 476-5423; Hialeah police, (305) 687-252; or Medley police, (305) 883-2047.”
This story was updated to include Mayor Maria Mitchell’s call to Miami Springs Police.
Theo Karantsalis can be reached at karantsalis@bellsouth.net.
This story was originally published January 28, 2022 at 9:00 AM.