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15/0 1 ORDINANCE NO. ______ _ 2 3 An Ordinance amending Section 15-63 of the City's Code of Ordinances to 4 allow food trucks to park in City Parks and Recreational areas pursuant to a 5 contract with the City. 6 7 WHEREAS, many tennis players and park goers have shown support for the sale of food 8 and beverages in Dante Fascell Park; and 9 10 WHEREAS, Section 15-63(a) of the City's Code of Ordinances provides that it shall be 11 unlawful to sell, any goods or merchandise, including, but not limited to, fruits, nuts, popcorn, 12 ice cream or sandwiches from any parked vehicle or stand set upon any street or sidewalk in the 13 city, or from the exteriors of buildings licensed for sales, unless otherwise provided in the land 14 development code; and 15 WHEREAS, Section 15-63(c) prohibits all mobile vendors from operating or doing 16 business in the city, except as provided in Section 15-63; and 17 WHEREAS, Section 15-63( d) allows mobile vendors who sell food, food products and 18 beverages to operate and do business in "I" zoned districts, upon construction sites where work is 19 actively in progress, and in any zoning district where a permitted special event, exhibition, 20 exposition, art show and/or festival is taking place upon certain terms and conditions; and 21 22 WHEREAS, Section 15-63( d)(1) prohibits mobile vendors from being stationed upon 23 any public street or right-of-way; and 24 25 WHEREAS, Section 15-63(d)(3) prohibits mobile vendors from remaining in anyone 26 site longer than thirty (30) minutes, except in the case of a special event, exhibition, exposition, 27 art show and/or festival; and 28 29 WHEREAS, it would be in the best interest of our city to allow a permanent licensed 30 food truck or mobile vendor in City Parks and Recreational areas with the approval of the City 31 Manager and by contract with the City. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 35 36 Section 1. Section 15-63 of the City's Code of Ordinances is hereby amended as 37 follows: 38 "Sec. 15-63. -Mobile vendors. 39 *** 40 (c) All mobile vendors are prohibited from operating or doing business in the city, except 41 as hereinafter provided. 42 (d) Mobile vendors selling food, food products and beverages may operate and do 43 business in "I" zoned districts, upon construction sites where work is actively in progress, 44 and~ in any zoning district where a permitted special event, exhibition, exposition, art show Page 1 of2 , ' 1 and/or festival is taking place, or pursuant to a written contract with the City, upon the 2 following terms and conditions: 3 *** 4 (3) No mobile vendor shall remain in anyone site longer than thirty (30) minutes, 5 except in the case of a special event, exhibition, exposition, art show and/or festival in 6 which case it shall not exceed the time allowed by the special event permit, or when 7 further specifically permitted by a majority affirmative vote of the city commission by 8 resolution-;-or pursuant to a written contract with the City to operate in a City Park or 9 Recreational area. 10 11 Section 2. Codification. The provisions of this ordinance shall become and be made 12 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 13 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word 14 "ordinance" may be changed to "section" or other appropriate word. 15 16 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 17 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 18 shall not affect the validity of the remaining portions of this ordinance. 19 20 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 21 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 22 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 23 that give the appearance of being in conflict when the two ordinances can be harmonized or 24 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 25 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 26 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 27 to harmonize the two ordinances shall be repealed. 28 29 Section 5. Effective Date. This ordinance shall become effective upon enactment. 30 31 PASSED AND ENACTED this __ day of ,2013. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MA YOR 37 15t Reading 38 2nd Reading 39 40 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 41 LANGUAGE, LEGALITY AND Mayor Stoddard: 42 EXECUTION THEREOF Vice Mayor Liebman: 43 Commissioner Newman: 44 Commissioner Harris: 45 Commissioner Welsh: 46 CITY ATTORNEY 47 Page 2 of2