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1 ORDINANCE NO. ______ _
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3 An Ordinance amending Section IS-100(b)(I) of the City of South Miami's
4 Code of Ordinances to authorize wall art in the City of South Miami.
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6 WHEREAS, wall art is a rapidly developing art form that is being recognized as such by
7 galleries in the United States and around the world; and
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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 wall art that is done with a vision and care shows that the building is cared for and
12 allows those in the community to share and enjoy the artwork; and
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14 WHEREAS, commissioned wall art transformed the Wynwood neighborhood of Miami
15 into a vibrant area occupied by artists, studios, galleries, restaurants, cafes and stores; and
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17 WHEREAS, commissioned wall art is not unlike a mural as both are large works of art
18 painted or applied directly to a wall; and
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20 WHEREAS, if a property owner so desires, they should be allowed to commission wall
21 art on their commercial property; and
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23 WHEREAS, Section 15-100(b)(1) of the City of South Miami's Code of Ordinances
24 may be interpreted to prohibit wall art and would need to be amended to allow wall art.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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29 Section 1: Section 15-100(b)(1) of the City of South Miami's Code of Ordinances is
30 hereby amended to read as follows:
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32 "It shall be unlawful for any person to deface, destroy or otherwise damage
33 property with or without the owner's consent, by or through the application of
34 what is commonly known as "graffiti". Notwithstanding anything set forth herein
35 to the contrary, an owner of commercial property may commission wall art to be
36 drawn, painted or otherwise applied to the exterior of the owner's commercial
37 property provided the owner complies with the applicable City Code of
38 Ordinances and the wall art does not otherwise violate any rule, regulation or
39 law."
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41 Section 2: Codification. The provisions of this ordinance shall become and be made
42 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
43 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
44 "ordinance" may be changed to "section" or other appropriate word.
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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.
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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.
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14 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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16 PASSED AND ENACTED this __ day of ,2012.
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18 ATTEST: APPROVED:
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22 CITY CLERK MAYOR
23 1 st Reading
24 2 nd Reading
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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
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39 W:\My Documents\resolutions\Ordinance -Graffiti-Wall Art -Revised2 Harris.doc
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