8South Miami
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CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM soo7
To: The Honorable Mayor and Members of the City Commission
From: Hector Mirabile, Ph.D, City Manager
Date: May 9, 2011 Agenda Item #
Subject: An Ordinance of the City of South Miami, amending Section i S -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 I5- 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(4)(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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54
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 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 1. 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"
zoning zoned districts or; upon construction sites where work is actively in progress. and in any
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 &,e days -the time allowed by the special event permit, and or when her specifica y
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:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
APPROVED:
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)
See. 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
s
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and 'oF squxi�� -' -.'
Legal Holidays ;
Miami, Miami -Dade County, Florida
STATE OF FLORIDA ' tozi p
COUNTY OF MIAMI -DADE: - LoaY
Before the undersigned authority personalty appeared CITY OF:SOUTH MIAMI
MARIA MESA, who on oath says that he or she is the NOTICE OF. PUBLIC HEARING~
LEGAL CLERK, Legal Notices of the Miami Daily Business i • i - ? % nn t r
Review f /Wa Miami Review, a daily (except Saturday, Sunday 'NOTICE IS HEREBWgiven that' Ctty Dommissioh cf the Cityof South
and Legal Holidays) newspaper, ublished at Miami in Miami -Dade Miami, Flondawill conduct Public Hearings at its regular Ciry Commission
9 Y) P meeting scheduled forTuesdav Jtine 7: 201 Y. begmnmgat7300.m.;in
County, Florida; that the attached copy of advertisement, the City Commission Chambers 5130'Sunsat Drive, "to:consider, the
being a Legal Advertisement of Notice in the matter of .following items: -,
CITY OF SOUTH MIAMI An Ordinance of the City oftSouth Miami Florida amending Section 15-
PUBLIC HEARING FOR JUNE 7, 2011 63 of the Code of Ordinances of the.City of South Miami' Florida
regarding moblle street sales restnc6ons by clarifying the prohibition
In the XXXX Court, against sales during a special events such as an exhibition exposition,dd
art show and !or festi val providing for,severabiJity ordinance fn confliciq
was published in said newspaper in the issues of and an effegliye dale, °wr ° . -,•; ^:
05/27/2011 An Ordinance of the Mayor and City Commission of the City of South
Miami Florida relating to the budget;' authorizing an .increase of
appmpdations1o'a"i Ohis711. 1780 -541- 3450(StonnwaterDrainTrust
Affiant further says that the said Miami Daily Business Fund Contractual Services) in the arnount-of $22,595; and 111-1730 -
Review is a newspaper published at Miami in said Miami -Dade 541 -7100 (3tormwater DraimTmstFLnd Debt- P.rincips) in the amount
County, Florida and that the said newspaper has of $27,035 and '111 - 1730x541 ?200c {StoFmWatei' Draih'.Tri�st %FUnd
heretofore been continuously published in said Miami -Dade County, Debt -I Drain (n the'I amount of -i uWr`and 11 t 173x541-5205 (Storm -
water Dratrc,Tmst ' Fund Gomputet�Equibment) =in -the amounh of
Florida, each day (except Saturday, Sunday and Legal Holidays) $1,836.94-f rom Fund Bala_ q providing.for sevetabiiity, ordinances in
and has been entered as second class mail matter at the post coidlidendaneffecirve date:
office in Miami in said Miami -Dade County, Florida, fora ,.c ,,:, �'rs i r � �, ' . " r
period of one year next preceding the first publication of the A Resolution of the Mayor and City Commission of the City of South
attached copy of advertisement; and affiant further says that he or Miaml, Aiorida authorizing We CttyManagerroezpend$16,935.00fora
she has neither paid nor promised any person, firm or corporation computerized key management system from Kq -trak Inc.; who was
any discount, re rifts ' or refund for the purpose awarded the;Gegarei Services Administration (GSA) govemment oon-
of securing re advertts25Se on in the said tract ffirOUg x2013 qs perfit e C ty Cha terjthe CAy of South Miami w ll
Pig§ baFk this' bid and ptirchaas this computenzed key management
f pew, er. ' sy' em whIoh mdudes one' year software support toyrevent theftand
mrsusa`of,keys her' 6 key control at the Po6ee -0epartment,
_,,,,� being chargetl to acxount numbar 515. 1910521 -5205 (Federal
Fo'rfelture COmputerfquipmenQ , providingforaneffectivedate.
ALL mteresSed par�tesare mwted to attend and will be heard.
orn to scribed before me this rys'*
�{ For further i0for a)(oR,,,I ase contact the City"Clerks Office at:
27 day of MAY , A ®.%D�� 20 � l 305 659- F340n^ ro
MariaM. Menendez, qMC
CityCferk
Pursuant to Flonda Sfatutes 2660105 the City hereby advises the public
(SEAL) that d a person deGdas to appeal any de Won made by this Board, Agency
or Commission;wdh respect 10 any matter considered at its meeting or
MARIA MESA personally known to me hearing he or she vpll need arecord'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 isto be based
5/27 i i- 3- 124/1702772M
µr uc. tdatg(Y Frub11G utefe of Florida.
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