Ord. No. 45-08-1980ORDINANCE4 5 - 0 8 -19 8 0
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI RELATING TO ALCOHOL;
AMENDING CHAPTER 4, ARTICLE I, OF THE CITY OF SOUTH
MIAMI CODE OF ORDINANCES BY AMENDING SECTION 4 -8 BY
CREATING A PROVISION RELATING TO PROHIBITING THE
CONSUMPTION OF ALCOHOL IN PUBLIC PLACES AND CERTAIN
PRIVATE PLACES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, consumption of alcoholic beverages in public places increases the potential
for alcohol- related criminal activities, noise, violence, aggressive and /or offensive
conduct related to the excessive use and abuse of alcohol; and,
WHEREAS, citizens of the City of South Miami desire to promote a safe atmosphere and
environment in public places; and,
WHEREAS, it has been the experience of other municipalities that prohibition of alcohol
in their public places such as parks and playgrounds results in a decrease in violence and
undesirable behavior; and,
WHEREAS, it is the intent of this ordinance to prohibit the consumption of alcoholic
beverages in public places unless specifically authorized;
WHEREAS, the Mayor and City Commission desire to amend Chapter 4 of the City's
Code of Ordinances to provide regulations relating to precluding the consumption of
alcohol in certain public places and private locations within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. Chapter 4, of the City of South Miami Code of Ordinances,
relating to "Alcoholic Beverages," is amended to include a new section 4 -8 and renumber
the remaining sections of Chapter 4, to read as follows:
Chapter 4
See. 4 -8. Consumption in public places and certain private places not permitted.
Ord. No. 45 -08 -1980
(a) It shall be unlawful for anyperson, without the consent of the City Manager or
his /her designee, to drink alcoholic beverages or possess open containers holding
alcoholic beverages in any public place in the City. It shall further be unlawful for any
person to drink alcoholic beverages or possess open containers holding alcoholic
beverages in or upon any automobile, truck, motorcycle or other vehicle, when such
vehicle is parked upon any public place without the consent of the Cit y Manager or his
designee. Consent shall be provided by the City Manager or his /her designee as provided
for under the City's "outdoor dining permit" or "special event permit" process. Upon an
applicant's completion of the requisite permit application and a determination by the CitX
Manager that the applicant complies with the applicable requirements established by the
City for said permit, then alcoholic beverages may be possessed and consumed in public
places, or at a private outdoor location.
,(b) The term "public place," as used herein, shall mean streets, sidewalks, parkway
parks, playgrounds, ball fields, school buildings, school yards, city hall, libraries and any
other property owned or in the possession of the City or any other state, county or other
governmental agency in which property is used or intended for use by the City or
government employees or by. members of the eg neral public.
(c) It shall be unlawful for my person to consume any alcoholic beverage on private
premises without the consent of the owner, tenant, or other person lawfully in possession
of such private premises. It shall farther be unlawful for any person to drink alcoholic
beverages in or upon any automobile, truck, motorcycle or other vehicle, when such
vehicle is parked upon any private premises y��out the Eensang ef the ov r-, terra ,+
(d ) Nothing in this section prevents the possession or consumption of alcoholic
beverages in compliance with Section 316.1936, Florida Statutes, and in fact the Cites
entitled to impose more stringent restrictions on the possession of alcoholic beverages
that the state statute relating to same. All other city, county and state laws relating to o the
consumption of alcohol and/or the operation of motor vehicles while under the influence
shall apply.
Sec. 4 -9. Penalty for violation of chapter.
Violations of the provisions of this Chapter may result in the City licenses or permits
being revoked; in the issuance of fines of $500.00, per incident, per civil infraction; and
further enforcement as provided for under section 1 -8 of this Code. The City Manager'
decision whether to revoke a license or permit is appealable, within 15 days to the City
Commission.
ARTICLE II, LICENSES
Sec. 4 -10. Required.
Ord. 45 -08 -1980
Sec. 4.11. Subject to city ordinances; revocation.
Sec. 4.12 Qualifications of licensee; fees.
Sec. 4 -13. Annual, semi - annual and for six month periods.
Sec. 4 -14. Application.
Section 2. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
Section 3. This ordinance shall be codified and included in the Code of
Ordinances.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this 7th day of October
ATTEST:
ca.,:_ a',
CLERK
RWGaIH1op ED FORM:
edo,
Figueredo, P. A.
Office of City Attorney
MAYOR
2008.
1 st Reading - 9-16-08
2nd Reading — 10-07-08
COMMISSION VOTE: 5 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Wiscombe: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
r
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f /k/a 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 OCTOBER 7, 2008
in the XXXX Court,
was published in said newspaper in the issues of
09/26/2008
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 Miami -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, rebate, commission or refund for the purpose
of securing tt * adve is -6nifgr publication in the said
newspaper/' /� i?
Sworn to and subscribed before me this
26 day of SEPTEMBER A.D. 2008
(SEAL)
v ad Notary Public State of Florida
O.V. FERBE C r VIyAF%WtPdW
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OF FLO Expires 09/03/2012
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CITY OF SOUTH MIAMI ;
NOVICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, October 7, 2008 beginning
at 7:30 p.m .,in.the City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
AN ORDINANCE ``OF THE MAYOR AND THE CITY
COMMISSION OF.THE CITY OF SOUTH MIAMI, FLORIDA
RELATING TO THE PERMIT FEEIFEE SCHEDULE; AMEND-
ING ORDINANCE 32- 01- 1763.AND 15 -04 -1822 AS AMENDED.
BY ORDINANCES 'TO, INCREASING SOME PERMIT FEE,
ADDING NEW FEES AND DELETING SOME FEES FROM THE
SCHEDULE; PROV.IDING`FOR SEVERABILITY, ORDINANC-
ES IN CONFLICT;AND AN EFFECTIVE DATE
AN ORDINANCE, OF THE MAYOR,AND CITY_ COMMISSION.,
OF THE CITY•:OF SOUTH .-MIAMI, FLORIDA, RELATING TO
ALCOHOL; AMENDING CHAPTER 4, ARTICLE 1, OF THE CITY
OF SOUTH. MIAMI. CODE OF ORDINANCES BY AMENDING
SECTION 4 -8,BY CREATING A• PROVISION RELATING TO
.PROHIBITING. THE CONSUMPTION OF ALCOHOL IN•PUBLIC
PLACES AND CERTAIN PRIVATE PLACES; PROVIDING FOR
SEVERABILITY, ORDINANCES - -'IN _CONFLICT, CODIFICA-
TION, AND AN EFFECTIVE DATE.
AN ,ORDINANCE OF THE MAYOR AND CITY COMMISSION'
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
SOLID WASTE;. AMENDING CHAPTER 11, SECTIONS 11 -24..
THROUGH 11 -32; PROVIDING FOR FEES RELATINb�TO
ENVIRONMENTAL PROTECTION AND RECYCLING' WITHIN
RESIDENTIAL SINGLE - FAMILY HOME DISTRICTS. AND.
RESIDENCES; FEES, PROVIDING ".FOR .CODE ENFORCE -; ,
MENT PROCEDURES; ENFORCEMENT AND REGULA-
TIONS; SCHEDULES AND ROUTES, TERMINATION
ENFORCEMENT AND ADMINISTRATIVE FINES; AND TOSET
ASIDE 25 PERCENT OF THE FEES COLLECTED FOR
GREEN. RELATED.: IMPROVEMENT WITHIN THE :'.CITY;
PROVIDING , FOR SEVERABILITY, ORDINANCE& IN,
CONFLICT, AND AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND-CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE ISSUANCE OF A CERTIFICATE OF. APPROPRIATE'-
NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND
DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON ;A
DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT 5900 SUNSET DRIVE (AMSTER PROPERTIES); .
PROVIDING AN EFFECTIVE DATE.
If you have any inquiries on the above items please contact the City
Clerk's office at: 305 - 663 -6340
ALL interested parties are invited to attend and will be heard.
Maria M.- Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person decides to .appeal any decision made, by this
Board, or Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record of the, proceedings,
and that for such purpose, affected person may need - to ensure that a
verbatim record of the proceedings is made which record. includes the
testimony and evidence upon which the appeal is to be based:
9/26 08- 3- 86/1091733M