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Ord No 27-13-2174ORDINANCE NO. 2 7 -1 3- 217 4 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. WHEREAS, Section 15 -79 of the City of South Miami's Code of Ordinances states: "It shall be unlawful to make any loud, unnecessary, excessive or unusual noise in the city. "; 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 -79 of the City of South Miami's Code of Ordinances shall be amended as follows: Sec. 15 -79. - Reserved.- Unneeesra�e ces re or unusual noises General! )% it shallbe —.1-44-1 Ae fn -A lli; Pe any loud, unneeessary, exeessive or- unusual noise in the —1 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 0 Ord. No. 27 -13 -2174 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 St day of October , 2013. ATTEST: CITY CLERK 1St Reading : 9/17 /1 3 2nd Reading: 10/1/13 APPROVED: Page 2 of 2 14�)ffko-k4d MAYOR 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 aff iant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re a commtssio or refund for the purpose of se s adsement for ublication in the said C8Gvorn to id subscribed before me this / o EMBER D. 2013 (SEAL) MARIA MESA personally known to me ,y1q:PY�� B THOMAS Commission # DD 937532 Expires November 2, 2013 Bmdw Th. Toy aan mwMA06 ooaasaota MIAMI HERALD 1 MiamiHerald.com NEIGHBORS CALENDAR • CALENDAR, FROM 32SE arias by Handel and Mozart as well outdoor community event that CITY OF SOUTH MIAMI as zarzuela favorites and Cuban celebrates songs, with pianist Roberto Berrocal. and features culinary creations of 6:30 p.m. Sept. 22, The Barnacle 8 p.m. Sept. 27. St. Hugh Catholic Miami Bea. Historic State Park, 3485 Main Hwy., Church and School, 3460 Royal Rd„ 12 p.m. Sept. 28. Collins Park, 22nd Coconut Grove. $10. Free for kids 9 ! Southwest Coconut Grove. Swan SL and Collins Ave., Miami Beach. $5 and under. 305 - 442 -6866. vvnv.flori Circle $45: Lake Circle $30. I - $25.305- 859-2000. dastateparks.org /TheBarnacle or 305 - 444 -8363. www.tasteofthebeachmiami.com. www.TheBarnacte.org. wwwsthughconcerts.org. TGIF Final Round: Special event to Parry for a Cause: Benefits Foot- Stagialre Supersupper Two' Fea- thank community supporters, a prints Foundation's October trip to i tures Bradley Herron's family -style, closing reception featuring a final the D.R. Congo where the foundation outdoor dinners for 30 and takes round of golf, a hole- in-one contest, works to reduce maternal and infant; them inside and to the next level for DJ and $5 drinks. RSVP required. mortality around the world. Party !, the second time. Fifteen guests will 6 pm. Sept. 27. Coral Gables features food, drinks, music and gather around a communal table in a Museum, 285 Aragon Ave., Coral raffle. private dining room to enjoy.. a I Gables. Free. 305- 603 -8067. 7 p.m. Sept. 27. The Stage, 170 NE' welcome beverage, hors d'oeuvres www.coraigablesmuseum.org: 38th St., Little Haiti. $50. and five - course tasting mendiwith Tango Classes in South Beach: 305 -573 -8423. wines poured by Eric Larkee..l Tango, some with Milonga after - vrww.footprints- foundation.org. 5:30 p.m. Sept. 22. Michael's wards. Teachers include Diego Pregnant Belly Casting Workshop - Genuine Food & Drink, 130 NE 40th Santana and Santana with Lorena Sept. 27-Oct 11: Create a family St, Little Haiti. $100.786- 282.8797. Arrestia. Call for complete schedule. heirloom. Expectant mothers are michaeisgenuinecom /. Classes held at various locations, invited to this three -part workshop. Subliminally Exposed: Dr. Steven including the one shown here. Registration required. Class meets on Dayan, author of the New York Times 830 p.m. Sept, 23. Tapes & Tintos, consecutive Fridays at same time as! best seller, "Subliminally Exposed," 448 Espanola Way, Miami Beach. first class below„ speaks along with the beauty,;'.'; Free. 786 -355 -0882. 4:30 p.m. Sept. 27. Prenatal Plus director of 0, The Oprah Magazine. www.diegosantanatango.com. Yoga, 401 Miracle Mile #405, Coral ! 6 p.m. Sept. 27. Colony Theater, The Art of Cooking for Kds: After - Gables. 5300.305- 767 -9949. 1040 Lincoln Rd., Miami Beach. $10. school classes using healthy ingredi- www.arttherapyconsuiting.com/ 312 - 335 -2070, www.subliminaliy ents and food as art. Mommy /Daddy #1pregnant- belly - casting /ds6t. exposed.com/events. & Me to 12 years classes by age St. Hugh - Steinway Concert Series: TASTE OF THE BEACH In Collins Park group. Includes food. Acclaimed Cuban- American soprano - 2nd Annual: The Beach Channel 4 p.m. Sept 24. Atlantis Natural, Eglise Gutierrez in her only appear - presents, the 2nd Annual Taste of 1717 N. Bayshore Dr., Media and once in concert this season, singing the Beach in Collins Park, is a 2 -day Entertainment District. $25 /class or 611 City of Coral PUblic Invited to In Regarding Neighbi x�­M The City of Coral Gables will be holding several info Neighborhood Tree Succession Plan and Tree Initia these meetings, City staff will discuss plans to repla throughout neighborhood streets, as well as deters neighborhoods with no clearly defined street tree th To determine which meeting you should attend, see SEPTEMBER 25: Area 5 - South of Sunset Dr. (SW 6:30 -8 pm at Fairchild Tropical Botanic Garden, 109C OCTOBER 2: Area 4 -South of US 1 to Sunset Dr. (5 (SW S7th Ave) and eastern City limits 6:30 -8 pm at Fairchild Tropical Botanic Garden, 109C OCTOBER 9: Area 3 -South of Bird Road (SW 40th (SW 57th Ave) and eastern City limits 6:30 -8 pm at YouthCentierTheater, 405 University D OCTOBER 15: Area 2 -1 South of Coral Way (SW and between Red Road (SW 57th Ave) and Douglas 6 :30 -8 pm at Coral Gables Library, 3443 Segovia Stre OCTOBER 16: Area 1 South of the northern Cit and between Red Road (57th Ave) and eastern City Ii 6:30 -8 pm at Coral Gables Library, 3443 Segovia Stre For more information, call the Public Works $80 for a series of four. 305- 379 -2722, wwwatlantisnatural. com /art-of- cooking- for- kids - class /. The Bohemia Room Weekly Spoken Word Experience: Includes an Open Mid Poetry Night and evenet is a bi- monthly artist showcase featuring local and international poets, vocal- ist, visual artists „usicians & lyricists. Hosted by Ingrid B, Music by D1 Fly Guy. s 8 p.m. Sept. 25. Grand Central, 697 N. Miami Ave, Park West. $10415. 305 - 5191369. www.thebohemiaroom.com. The Glass House: "A Chapel In a Cathedral of Nature ": Through Oct. 20, this exhibit will feature a dozen, large -scale color photographs by renowned architectural photog- rapher Robin Hill of Philip Johnson's Glass House campus plus other artifacts, 12 p.m. Sept 22. Coral Gables Museum, 285 Aragon Ave., Coral ID) Free. Trivia Tuesdays at Elwoods: Held every second, fourth and fifth Tuesday. Includes prizes.. 8 p.m. Sept. 24. Elwoods Gastro Pub, 186 NE Third Ave., Downtown Miami. Free. www.elwoodsgastropub.com. 2013 1 33SE (SOUTHMOTORS �H® Sables ormational Meeting CITY OF SOUTH MIAMI rhood Trees COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida wig conduct Public Hearing(s) at its regular national meetings to discuss the City Commission meeting scheduled for Tuesday, October 1, 2013, beginning at 7:00 p.m., in the City Commission Chambers, )n Plan being developed. During 6130 Sunset Drive, to consider the following item(s): e missing, dead or diseased trees AResolutlonauthorizing the City Managerto enterinto atwo( 2) yearvehlclerental agreement with Enterprise Rent- A- Carfor ning street tree themes for those rental vehicles used In undercover police operations by the Police Department and authorizing the City Manager to disburse ne.The public is invited to attend. up to $30,000.00 per year over a two year period from the federal forfeiture rentatlease police vehicles account number elow. 615 -1910 -521 -4450 (Purchasakease- Police Vehicles). A Resolution authorizing the South Miami Community Redevelopment Agency ("SMCRA'1 to convey property owned by the 2nd St.) to the southern City limits SMCRA to a private developer known as Green Mills Investments LLC for a purchase price that is less than the fair market Old Cutler Road 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. 172nd St), and between Red Road An Ordinance related to a request for a mn'ag map amendment to the City of South Miami official zoning map, to re -zone the Agency owned property assemblage referred to as the Madison Square redevelopment (west}, folio numbers 09- 4025 - 000.0350; 09.4025-000.O352: and Old Cutler Road 09.4025.065-W90, from a currentzoning designation of'RS -4" (Single- Family) tithe "RM -18' p.ow Density Multi - Family Residential) to allow for additional residential dwelling units within the Madison Square MixeHse Development Project t) to US 1, and between Red Road An Ordinance amending Section 15.80 of the City of South Miami9 Code of Ordinances. �e 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. th St) to Bird Road (SW 40th St), An Ordinance amending Section 15 -79 of the City of South Miami's Code of Ordinances by striking the text and reserving , lad (SW 37th Ave) (. the section number. I ALL Interested parties are Invited to attend and will be heard. limits to Coral Way (SW 24th St), For further information, please contact the City Clerk's Office at 305. 663.6340. tit Maria M. Menendez, CMC t City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that A a person decides to appeal any decision made by epartment at 305 -460 -5000 this Board,Agency 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.