_add-onCity Commission
Philip K. Stoddard, Ph.D, Mayor
Josh Liebman, Vice Mayor
Valerie Newman, Commissioner
Walter Harris, Commissioner
Bob Welsh, Commissioner
CITY OF SOUTH MIAMI
CITY COMMISSION MEETING AGENDA
TUESDAY, SEPTEMBER 4,7:30 PM
CITY HALL/COMMISSION CHAMBERS
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA
A. ADD-ON ITEM(S)
Hector Mirabile, Ph.D
City Manager
Maria M. Menendez, CMC
City Clerk
Thomas F. Pepe, Esq.
City Attorney
1. An Ordinance amending Section 15-100(b}(1) of the City of South Miami's Code
of Ordinances to authorize graffiti art in the City of South Miami. 3/5
(Commissioner Harris)
6130 Sunset Drive -South Miami, Florida 33143 -305-663-6340 -www.southmiamifl.gov Page 1
Add-On Item
By: Commissioner Harris
City Commission Meeting 9/04112
1 ORDINANCE NO. ______ _
2
3 An Ordinance amending Section lS-lOO(b)(l) of the City of South Miami's
4 Code of Ordinances to authorize graffiti art in the City of South Miami.
5
6 WHEREAS, graffiti is a rapidly developing art form that is being recognized as such by
7 galleries in the United States and around the world; and
8
9 WHEREAS, graffiti that is done without a vision or care can give the impression that a
10 building or wall is neglected or uncared for, however, a wall that is decorated with
11 commissioned graffiti art that is done with a vision and care shows that the building is cared for
12 and allows those in the community to share and enjoy the artwork; and
13
14 WHEREAS, commissioned graffiti art transformed the Wynwood neighborhood of
15 Miami into a vibrant area occupied by artists, studios, galleries, restaurants, cafes and stores; and
16
17 WHEREAS, commissioned graffiti art is not unlike a mural as both are large works of
18 art painted or applied directly to a wall; and
19
20 WHEREAS, if a property owner so desires, they should be allowed to commission
21 graffiti art on their commercial property; and
22
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
26
27 Section 1: Section 15-1 OO(b)(1) of the City of South Miami's Code of Ordinances is
28 hereby amended to read as follows:
29
30 "It shall be unlawful for any person to deface, destroy or otherwise damage
31 property with or without the owner's consent, by or through the application of
32 what is commonly known as "graffiti". Notwithstanding anything set forth herein
33 to the contrary, an owner of commercial property may commission graffiti art to
34 be drawn, painted or otherwise applied to the exterior of the owner's commercial
35 property provided the owner complies with the applicable City Code of
36 Ordinances and the graffiti does not otherwise violate any rule, regulation or law."
37
38 Section 2: Codification. The provisions of this ordinance shall become and be made
39 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
40 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
41 "ordinance" may be changed to "section" or other appropriate word.
42
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Add-On Item
By: Commissioner Harris
City Commission Meeting 9/04112
1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
3 shall not affect the validity of the remaining portions of this ordinance.
4
5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
6 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
7 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
8 that give the appearance of being in conflict when the two ordinances can be harmonized or
9 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
10 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
11 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
12 to harmonize the two ordinances shall be repealed.
13
14 Section 5. Effective Date. This ordinance shall become effective upon enactment.
15
16 PASSED AND ENACTED this __ day of ,2012.
17
18 ATTEST: APPROVED:
19
20
21
22 CITY CLERK MAYOR
23 1 st Reading
24 2nd Reading
25
26 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
27 LANGUAGE, LEGALITY AND Mayor Stoddard:
28 EXECUTION THEREOF Vice Mayor Liebman:
29 Commissioner Newman:
30 Commissioner Harris:
31 Commissioner Welsh:
32 CITY ATTORNEY
33
34
35
36 w:\my documents\resolutions\ordinance -graffiti -revised.doc
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