Ord No 21-11-2094ORDINANCE NO. 21-11-2094
An Ordinance of the City of South Miami, Florida, amending Section 15 -63 of the Code of
Ordinances of the City of South Miami, Florida regarding mobile street sales restriction by
clarifying the prohibition against sales during a special event, such as an exhibition, exposition, art
show and/or festival; providing for severability, ordinances in conflict, and an effective date.
WHEREAS, by Ordinance first passed in 1954, the City of South Miami, Florida restricted street sales,
which restriction is now codified as Section 15 -63, section (d) of which states:
Mobile vendors selling food, food products and beverages may operate and do business in I zoning districts
or upon construction sites where work is actively in progress upon the following terms and conditions:
WHEREAS, the Mayor and City Commission wish to allow mobile food vendors to operate at all city
approved special event, such as an exhibition, exposition, art show and/or festival no matter what the zoning may be
at the site where these events are permitted to take place;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA;
Section I. Section 15 -63(d) and (d)(3) are hereby amended to read as follows:
(d) Mobile vendors selling food, food products and beverages may operate and do business in "P' zenhrg
zoned districts or , upon construction sites where work is actively in progress, and in any zoning district
where a permitted special event exhibition exposition art show and/or festival is taking place upon the
following terms and conditions:
(3) No mobile vendor shall remain in any one site longer than thirty (30 minutes, except in the case of a
special event, exhibition, exposition, art show and/or festival in which case it shall not to exceed five (5)
days -the time allowed by the special event permit, and or when further specifically permitted by a majority
affirmative vote of the city commission by resolution.
Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of
Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-
lettered to accomplish such intention; and that the word "ordinance' may be changed to "section" or other
appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of
sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to
repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two
ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize
the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two
ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective at the expiration of ten days after
adoption.
PASSED AND ADOPTED this 14 day of June 2011.
Page 1 of 2
Ord, No, 21 -11 -2094
ATTEST:
3C�? t '
CITY CLERK
I" Reading- 5/26/11
2nd Reading - 6/14/11
APPROVED:
—
MAYOR �
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Page 2 of 2
e
Absent
Yea
Yea
Yea
Yea
South Miami
Alf•AmericaM
CITY OF SOUTH MIAMI t 1 ter
OFFICE OF THE CITY MANAGER 3001
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Prom: Hector Mirabile, Ph.D, City Manager
Date: May 9, 2011 f Agenda Item
Subject: An Ordinance of the City of South Miami, amending Section 1543 of
the Code of Ordinances of the City of South Miami, Florida, regarding
mobile street sales restriction by clarifying the prohibition against sales
during a special event, such as an exhibition, exposition, art show and /or
festival; providing for severability, ordinances in conflict, and an
effective date.
Background: By Ordinance first passed in 1954, the City of South Miami, Florida restricted
street sales, which restriction is now codified as Section 15 -63. Section (d) of
which states:
Mobile vendors selling food, food products and beverages may operate and do
business in I zoning districts or upon construction sites where work is actively
in progress upon the following terms and conditions.
Section 15 -63(d) is in direct conflict with Section 15- 63(d)(3) of which states:
No mobile vendor shall remain in any one site longer than thirty (30) minutes,
except in the case of a special event, exhibition, exposition, art show
and /or festival not to exceed five days, and when further specifically
permitted by a majority affirmative vote of the city commission by resolution.
This amendment makes Sections 15 -63(d) consistent with Section 15- 63(d)(3)
and will clarify the prohibition against mobile food sales during city permitted
special events held in the ,City's parks, such as Murray Park and Palmer Park,
etc.
Cast: No fiscal impact.
Backup Documentation: South Miami Code, Section 15 -63
ZO
I
§ 15 -63 OFFENSES AND MISCELLANEOUS pROVISIONS § 15 -63
Sec, 15.631 Mobile vendors,
(a) It shall be unlawful to sell, offer to sell, or exhibit for sale
any goods or merchandise, including, but not limited to, fruits,
nuts, popcorn, ice cream or sandwiches from any parked vehicle
or stand set upon any street or sidewalk in the city, or from the
exteriors of buildings licensed for sales, unless otherwise pro-
vided in the land development code.
(b) A mobile vendor is any person, firm, corporation or other
entity which travels from place to place selling any and all goods,
wares, and merchandise, including, specifically, food, food prod-
ucts and beverages.
(c) All mobile vendors are prohibited from operating or doing
business in the city, except as hereinafter provided.
(d) Mobile vendors selling food, food products and beverages
may operate and do business in I zoning districts or upon
construction sites where work is actively in progress upon the
following terms and conditions:
(1) No mobile vendor shall station itself upon any public
street or right -of -way- Neither shall any mobile vendor
station itself upon any private property except with the
express permission of the owner thereof and in a manner
which does not impede the flow of traffic in public streets
or rights -of -way, nor block pedestrian access to public
streets or fights-of-way.
(2) All mobile vendors must provided for their own trash and
garbage removal such that no trash or garbage remains
on the premises upon which the vending was conducted.,
(3) No mobile vendor shall remain in any one site longer than
thirty (30) minutes, except in the case of a special event,
exhibition, exposition, art show and/or festival not to
exceed five (5) days, and when further specifically permit-
ted by a majority aflinnative'vote of the city commission
by resolution.
Supp. No. 58 223
§ 15-63 SOUTH MUM CODE 015-66
(4) Mobile vendors must operate from four -wheel motorized
vehicles registered in the state, except in the cases of
fairs, exhibitions and expositions not exceeding five (5)
days.
(Ord. No. 297, 4- 20 -54; Ord. No. 1017, § 1, 11- 21 -78; Ord. No.
116% § 1, 1 -4 -83; Ord. No. 1468, § 1, 1- 15-91; Ord. No. 1511, § 1,
9 -1 -92)
Sec. 15 -64. Sirens and warning devices similar to police or
fire department.
No one shall use a siren or other warning device in the city
similar to those used by the police or fire departments, nor shall
any person use a red light of any sort on the front of a motor
vehicle without the use thereof first having been approved by the
chief of police and city. manager.
(Ord. 297, 4- 20 -54)
Sec. 15.65. Camping prohibited; exceptions.
(a) For the purpose of this section, "camping" is defined as:
(1) Sleeping or otherwise being in a temporary shelter out -
of- doors;
(2) Sleeping out -of- doors; or
(3) Coolcing over an open flame or fire out -of- doers.
(b) Camping is prohibited on all public property, except as may
be specifically. authorized by the appropriate governmental au-
thority. '
(Ord. 297, 4- 20 -54; Ord. No. 1734, § 1, 1- 16-01)
See. 15 -66. State misdemeanors.
It shall be unlawful to commit within the limits of the city, any
act which is or shalt be recognized by the laws of the State of
Florida as a misdemeanor, and the commission of such act is
hereby forbidden.
(Ord. 297, 4- 20 -54)
Supp. No. 58 224
MIAMi DAILY BUSINESS REVIEW
Published Daffy except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR JUNE 712011
In the XXXX Court,
was published in said newspaper in the Issues of
05127/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Mfaml -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re ,atarserteaissic or refund for the purpose
of securinaadvarttseilsettTfor�PblisaYkin in the said
om to -sn cribed before me this
27 day of AY , A.D. 20
(SEAL)
MARIA MESA personally known to me
Fldtph, public N ate of Piodda
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v My Commission 0OSt 9771
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hearing, Tre,o[she•Y'01f peed.a;mdorcp( the pioceedlpgs, and that for such
Pot as affe6ted person may need fo ensure that a vefiafim record of the
proceedings JB aisile'Which record includes• the teslimorry' and evidence
upon which tits appeat isto6abased. .
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