Ord No 26-13-2173ORDINANCE NO. 2 6 -1 3- 217 3
An Ordinance amending Section 15 -81 of the City of South Miami's Code of
Ordinances by striking the text and reserving the section number.
WHEREAS, Section 15 -81 of the City of South Miami's Code of Ordinances states:
"No person shall create any loud or boisterous noise which may annoy persons on
any street or sidewalk or in any building adjacent thereto. "; and
WHEREAS, the ordinance has no objective criteria, is overbroad and does not
specifically enumerate what is prohibited; and
WHERAS, the lack of objective criteria makes it impossible for the ordinary citizen to
know what conduct is prohibited; and
WHEREAS, the City of South Miami has a noise ordinance, Section 15 -82, that does
provide objective criteria and states:
"It shall be unlawful for any person owning, occupying or having charge of any
building or premises or any part thereof, in the city, at any time to cause or suffer
to allow any loud, unnecessary, excessive or unusual noises in the operation of
any radio, phonograph, or other mechanical sound - making devices or instrument,
or reproducing device or instrument, or in the playing of any band, orchestra,
musician or group of musicians, or in the use of any device to amplify the music
of any band, orchestra, musician or group of musicians, where the noise or music
is audible at a distance of 100 feet from the building, structure, or premises in
which or from which it is produced. The fact that the noise or music is plainly
audible at a distance of 100 feet from the premises from which it originates
constitutes prima facie evidence of a violation of this article."
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section l: Section 15 -81 of the City of South Miami's Code of Ordinances shall be
amended as follows:
Sec. 15-81. - Reserved. Loud or boisterous noises general!
No per-son shall efeate .-;s- ' -k;-I& _2
pefsons on an-y-stivet or sidewalk or in any building adjaeont thefe
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.
Page 1 of 2
Ord. No. 26 -13 -2173
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
sections 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 upon enactment.
PASSED AND ENACTED this 1 stday of October , 2013.
ATTEST:
CITY CLERK
1St Reading: 9/17/13
2nd Reading: 10/1/13
APPROVED:
Page 2 of 2
PUd `q
MAYIOR
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
MIAMI DAILY BUSINESS REVIEW
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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, 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
NOTICE OF PUBLIC HEARING FOR 10/1/2013
in the XXXX Court,
was published in said newspaper in the issues of
09/20/2013
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, re commissio or refund for the purpose
of sgpurir 9 ' s a 'sement forloublication in the said
orn t d subscribed before me this
OL EMBER D. 2013
(SEAL)
MARIA MESA personally known to me
, 1%1:i",, B THOMAS
NZ Commission # DD 937832
Expires November 2, 2013
` emdod7hruTroyFeinla ma800.3867018
MIAMI HERALD I MiamiHerald.com SE SUNDAY, SEPTEMBER 22, 2013 1 33SE
NEIGHBORS CALENDAR
• CALENDAR, FROM 32SE
arias by Handel and Mozart as well
outdoor community event that
$80 for a series of four.
as zarzuela favorites and Cuban
celebrates
305 -379 -2722. www.atlantisnatural.
songs, with pianist Roberto Berrocaf,
and features culinary creations of
mm /art- of-cooking- for- kids - class /.
6:30 p.m. Sept. 22. The Barnacle
8 p.m. Sept. 27. St Hugh Catholic
Miami Bea,
The Bohemia Room Weekly Spoken
Historic State Park, 3485 Main Hwy.,
Church and School, 3460 Royal Rd.,
12 p.m. Sept. 28. Collins Park, 22nd
Word Experience: Includes an Open
Coconut Grove. $10. Free for kids 9
Southwest Coconut Grove. Swan
St. and Collins Ave, Miami Beach. $5
Mic Poetry Night and evenet is a
and under. 305 -442 -6866. www.flori-
Circle $45; Lake Circle $30. ""
- $25.305- 859 -2000.
bi- monthly artist showcase featuring
dastateparks.org /TheSarnacleor
305- 444 -8363,
wwwtasteofthebeachmiamti.com.
local and international poets,vocal-
www7heBarnacle.org.
wwwsthughconcerts.org.
TGIF Final Round: Special event to
ist, visual artists „usicians & lyricists.
Party for a Cause: Benefits Foot-
Stagiaire Supersupper Two: Fea-
thank community supporters, a
Hosted by Ingrid B. Music by DJ Fly
prints Foundation's October trip to
tures Bradley Herron's family - style,
closing reception featuring a final
Guy. s
the D.R. Congo where the foundation
outdoor dinners for 30 and takes
round of golf, a hole- in-one contest,
8 p.m. Sept 25. Grand Central, 697
works to reduce maternal and infant;
them inside and to the next level for
DJ and $5 drinks. RSVP required.
N. Miami Ave., Park West $10415.
mortality around the world. Party
the second time. Fifteen guests will
6 p.m Sept. 27, Coral Gables
305 - 5191369.
features food, drinks, musk and
gather around a communal table in a
Museum, 285 Aragon Ave., Coral
www.thebohemiaroom.com.
raffle.
private dining room to enjoy a
Gables. Free. 305- 603 -8067.
The Glass House: "A Chapel In a
7 p.m. Sept. 27. The Stage, 170 NE
welcome beverage, hors d'oeuvres
www.coraigablesmuseum.org.
Cathedral of Nature ": Through Oct
38th St., Little Haiti, $50.
and five- course tasting menu with
Tango Classes in south Beach:
20, this exhibit will feature a dozen,
305- 573 -8423.
wines poured by Eric Larkee-
Tango, some with M;longa after-
large-scale color photographs by
www.footprints- foundation.org.
5:30 p.m. Sept 22. Michael's
wards. Teachers include Diego
renowned architectural photog-
Pregnant Belly Casting Workshop-
Genuine Food & Drink, 130 NE 40th
Santana and Santana with Lorena
rapher Robin Hill of Philip Johnson's
Sept 27 -Oct. 11: Create a family
St, Little Haiti. $100.786- 282 =8797.
Arrestia. Call for complete schedule.
Glass House campus plus other
heirloom. Expectant mothers are
michaelsgenuine.com /.
Classes held at various locations,
artifacts.
invited to this three -part workshop. ]
Subliminally Exposed: Dr. Steven
including the one shown here.
12 p.m. Sept. 22. Coral Gables
Registration required. Class meets on
Dayan, author of the New York Times
830 p.m, Sept 23. Tapes & rntos,
Museum, 285 Aragon Ave., Coral
consecutive Fridays at same time as
best seller, "Subliminally Exposed;'
448 Espanola Way, Miami Beach.
Gables. Free with admission of.
first class below.
speaks along with the beauty
Free. 786-355-0882.
Members Free, Adults $7, Students
4:30 p.m. Sept. 27. Prenatal Plus
director of 0, The Oprah Magazine.
www.diegosantanatango.com.
and Seniors (with ID) $5, Children
Yoga, 401 Miracle Mile #405, Coral
6 p.m. Sept. 27. Colony Theater,
The Art of Cooking for Kids: After-
(6 -12) $3, Children under 6 Free.
Gables. $300.305- 767 -9949.
1040 Lincoln Rd., Miami Beach. $10.
school classes using healthy ingredi-
305- 603 -8067,
wwwarttherapyconsulting.com/ i
312335 -2070. www.subliminaliy
ents and food as art. Mammy /Daddy
www.coralgablesmuseum.org.
#!pregnant - belly- casting /cls6t.
exposed.com /events.
& Me to 12 years classes by age
Trivia Tuesdays at Elwoods: Held
St. Hugh - Steinway Concert Serles: I
TASTE OF THE BEACH in Collins Park
group. Includes food.
every second, fourth and fifth
Acclaimed Cuban - American soprano
- 2nd Annual: The Beach Channel
4 p.m. Sept 24. Atlantis Natural,
Tuesday. includes prizes..
Egiise Gutierrez in her only appear-
presents, the 2nd Annual Taste of
1717 N. Bayshore Dr., Media and
8 p.m. Sept 24. Elwoods Castro
ante in concert this season, singing 1
the Beach in Collins Park, is a 2 -day
Entertainment District $25 /bass or
Pub, 188 NE Third Ave, Downtown
Miami. Free.
i
I www.elwoodsgastropubcom.
City of Coral Gables
Public Invited to Informational Meeting
Regarding Neighborhood Trees
,r1 va
The City of Coral Gables will be holding several informational meetings to discuss the
Neighborhood Tree Succession Plan and Tree Initiation Plan being developed. During
these meetings, City staff will discuss plans to replace missing, dead or diseased trees
throughout neighborhood streets, as well as determining street tree themes for those
neighborhoods with no clearly defined street tree theme.The public is invited to attend.
To determine which meeting you should attend, see below.
SEPTEMBER25: Areas -South of Sunset Dr. (SW I72ndSt .)to the southern City limits
6:30 -8 pm at Fairchild Tropical Botanic Garden, 10901 Oid Cutter Road
OCTOBER 2: Area 4-South of US 1 to Sunset Dr. (SW 72nd St), and between Red Road
(SW 57th Ave) and eastern City limits
6:30 -8 pm at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road
OCTOBER 9: Area 3 -South of Bird Road (SW 40th St) to US 1, and between Red Road
(SW 57th Ave) and eastern City limits
6:30 -8 pm at Youth CenferTheate, 405 University Drive
OCTOBER 15: Area 2 =South of Coral Way (SW 24th St) to Bird Road (SW 40th St),
and between Red Road (SW 57th Ave) and Douglas Road (SW 37th Ave)
6:30 -8 pm at Coral Gables Library, 3443 Segovia Street
OCTOBER 16; Area 1 =South of the northern City limits to Coral Way (SW 24th St),
and between Red Road (57th Ave) and eastern City limits
6:30 -8 pm at Coral Gables Library, 3443 Segovia Street
For more information, call the Public Works Department at 305 -460 -5000
SOUTHMOTOB IK®A
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular
City Commission meeting scheduled for Tuesday, October 1, 2013, beginning at 7:00 p.m., in the City Commission Chambers,
5130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to enter Into a two (2) yearvehicle rental agreement with Enterprise Rent -A -Car for
rental vehicles used In undercover police operations by the Police Department and authorizing the City Manager to disburse
up to $30,000.00 per year over a two year period from the federal forfeiture rental/lease police vehicles account number
615.1910 -521 -4450 (Purchase[Lease- Police Vehicles).
A Resolution authorizing. the South Miami Community Redevelopment Agency C'SMCRA ") to convey property owned by the
SMCRA to a private developer known as Green Mills Investments LLC for a purchase price that is less than the fair market
value of the property in order to develop the Madison Square Property and to construct mixed -use affordable housing and
commercial units on the property..
An Ordinance related to a request for a tuning map amendment b the City of South Miami off¢lal zoning map, to re -zone the Agency owned
property assemblage rearred to as the Madison Square redevelopment (west), Vo numbers 09- 4025 - 000.0850; 09- 4025 -0W -0852; and
09- 4025. 065. 0090. from a current zoning designation of "RSA (Single-Family) to the -RM -18 "(Low Density Mun- Family Residential) to allow
for additional residential dwelling units within the Madison Square Mixed -Use Development ProiecL
An Ordinance amending Section 15.80 of the City of South Miami's We of Ordinances.
An Ordinance amending Section 10-81 of the City of South Miami's Code of Ordinances by striking the text and reserving
the section number.
An Ordinance amending Section 15 -79 of the City of South Miami's Code of Ordinances by striking the text and reserving
the section number.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk# Office at: 305. 663.6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Mdda Statutes 286.0105, the City hereby advises the public that it a person decides to appeal any decision made by
this Board,Agerq or Commission with respect to any matter considered at its meeting or hearing, he or she wig 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.