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To: The Honorable Mayor and Members of the City Commission
From: Hector Mirabile, Ph.D, City Manager
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Date: May 9, 2011 // ' Agenda Item #
Subject: An Ordinance of the City of South Miami, 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.
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.
Cost: No fiscal impact.
Backup Documentation: South Miami Code, Section 15 -63
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ORDINANCE NO.
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 1 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 "I"
Bening 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) d s the time allowed b theme 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.
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Section 5. Effective Date. This ordinance shall become effective at the expiration of ten days
after adoption.
PASSED AND ADOPTED this _ day of , 2011.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
§ 15 -63 OFFENSES AND MISCELLANEOUS PROVISIONS § 15 -63
Sec. 15 -63. 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 rights -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 affirmative'vote of the city commission
by resolution.
Supp. No. 58 223
§ 15 -63 SOUTH MIAMI CODE § 15 -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.
1163, § 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) Cooking over an open flame or fire out -of- doors.
(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)
Sec. 15 -66. State misdemeanors.
It shall be unlawful to commit within the limits of the city, any
act which is or shall 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