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1 Ordinance No. ------2
3 An Ordinance amending Section 15-93, titled "Noise-creating blowers,
4 power fans, or internal combustion engines, outdoor powered tools
5 and other equipment" of the existing noise ordinance.
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7 WHEREAS, City residents are entitled to peace and quiet at night and on the
8 weekends and holidays; and
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10 WHEREAS, the use of loud, mechanized yard maintenance equipment has the
11 potential to interrupt sleep and enjoyment of one's yard, and
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13 WHEREAS, residents who work may have no other time except weekends to
14 take care oftheir yards; and
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16 WHEREAS, certain commercial grade equipment is often larger and louder than
17 consumer grade equipment, even when the engines are properly muffled; and
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19 WHEREAS, mechanized leaf blowers have been shown to cause respiratory
20 problems by blowing dust and mold particles into the air, and
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22 WHEREAS, mechanized leaf blowers make particularly annoying and
23 penetrating sounds; and
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25 WHEREAS, no economic harm to lawn services has been demonstrated in
26 communities where leaf blowers have been banned outright.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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31 Code of Ordinances Chapter 15, Article III shall be amended thus:
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33 Sec. 15-93. -Noise-creating blowers, power fans~ or internal combustion engines~
34 outdoor powered maintenance tools and equipment.
35 {&It shall be unlawful to operat e~ or cause to be operate d~ any aoise creatiag blower~-eF
36 )3o'.ver fan~ or aay-intemal combustible engine, which affects harms the quality of life in
37 residential neighborhoods by creating noise measured on other residential properties
38 exceedi ng the dB SPL level s Li sted here: , the operation of which cau ses noises due to the
39 e}{)310sioa of o)3eratiag gases or fluids, ualess the aoise from such 13lower or fan is
40 ffiUffled and such eagiae is equi)3)3ed with a muffler de'lice suffieieat to deadea such
41 aoises, so that the SaFfle shall aot cause eumoyance to the )3u13lic or disture the rest and
42 Eluiet of persons res idi ng Of OcCU)3y ing )3foperty near eaough thereto to be annoyed by the
43 uflfftuffled 1310'l;'+'er, fan or e}{haust of any such eagiae
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Cumulative Duration of the Intrusive Sound
1. Cumulative period of 30 minutes per hour
2. Cumulative period of 15 minutes per hour
3. Cumulative period of 5 minutes per hour
4. Cumulative period of 1 minute per hour
5. Level not to be exceeded for any time per hour
7 am-II pm
(dBA)
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11 pm-7 am
(dBA)
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If the ambient background noise is higher than the tabled maximum, then that value shall
be the noise limit for the purpose of this ordinance. The measurement shall be made at
least seven (7) feet ba k from 85 elos!! 85 possible to the real property line of the property
on which such sound is generated, or perceived, and approximately five (5) feet above
ground. In the case of an elevated or directional sound source compliance with the sound
limits is to be maintained at any elevation at or beyond ev n (7) Fe 1 from the real
property line.
(b) At the following times.it shall be unlawful to operate , or cause to be operated. out-of-
doors within 75 feet of any occupied single -unit residential property, or a unit of a multi-
residential building, ("Effected Property ).other than the property to which the operation
is being applied, without the written consent of the head of the household or one of the
tenants over the age of 18 years of the other Effected Property. any noise-producing yard
maintenance equipment including lawn mowers. lawn edgers. weed trimmers. leaf
blowers. chain saws, chippers. stump grinders, pressure washers, compressors:
(1) Commercial operation not pelmirted from 6:00 p.m. until 8:00 a.m. on
weekdays, before 9 am or after 2 pm on aturda s, nor any time on weel(aads
Sundays or on holidays. which are defined in section 15-98 ofthe City Code.
(2) Non-commercial operation not permitted from 30 minutes after sunset until
8:00 a.m. on weekdays or until 9:00 a.m. on weekends.
(3) Use or operation during these prohibi ted times may be granted by obtaining
prior written permission of the head of the household of each of the occupied
residences located within 75 feet of the property where the work will occur.
S uch permission may be rescinded with one week's prior written notice from the
head of the household of any affected property;
(4) ~quipment u sed to reso lve an emergency cond ition is exempt from this
ordinance. subject to interpretation by the City Manager.
(c) It shall be unlawful to use , or cause to be operated. machinery.in a way that causes
o b jeetioftB:ble Eitist or other particulate matter to blow or drift into an inhabited structure
o r more t han five (5) feet onto or overon or througe another residential property ten (l0)
days after the owner or occupier of said affected property has served at least one written
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notice of objection on the owner or occupier of the property from which such particulate
matter is emanating.
Cd) t is un lawful for anyone to useYse, or cause to be operated, aef.gas-powered
eewered leaf blewefs sfta.l.l flet be permitted wi thin 50 f eet of a res id e nt ial zon e d prope rty
or outdoor dining area.
(e) All notices required by this ordinance shall be served by United States registered or
certified mail with proof of deli ery by a return receipt or as provided by the po tal
servIce.
(0 Tbe term cause to be operated , as used in this ordinance. shall mean the hiring of
someone who the hirer knows. or has reason to know, is in violate this ordinance in the
course and/or scope of such hiring or allowing the use of equipment in violation of this
ordinance when the owner or occupier of the property. on or about which such equipment
is used, had the right, before the violation. to control such use.
(g) Violators of this ordinance shall be punished as provided in section 1-8 of this Code.
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 tlordinance " 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
sections 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.
Section 5. Effective Date. This ordinance shall become effective upon
enactment.
PASSED AND ENACTED this __ day of _____ , 2013.
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ATTEST:
CITY C RK
I s l Reading
2nd Reading
•
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
•
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
4
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami·Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in M iami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JUNE 18, 2013
in the XXXX Court,
was published in said newspaper in the issues of
06/07/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County , Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re mmis 'on or refund for the purpose
of se' ertisemen! or publication in the said
spaper.
07 day of JUNE ,A.D. 2013
(SEAL)
MARIA MESA personally known to me
• ~ Cheryl H Manner
i~~I't.~ Notary Public State of Florida
~ . 'H My CommiSSion EE 189528
Off\.d> Expires 07/18/2016
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearing(s) at its regular City
Commission meeting scheduled for Tuesday, June 18, 2013, beginning
at 7:00 p.m., In the City Commission Chambers, 6130 Sunset Drive, to
consider the following item(s)':
A Resolution to approve a multi-year employment agreement
between the City of South Miami and Steven Alexander to
provide 'City Manager Services.
A Resolution relating to a request pursuant to Section
20·3.4(8)(6) of the City of South Miami Land ,Development Code
for Special Use Approval, to locate a used merchandise store:
consignment goods, at 5770 SW 72 Street within the Specialty
Retail'SR', Hometown District Overlay 'HD-OV'.
A Resolution related to a request pursuant to Section
20·3.4(B)(4)(b) of the City of South Miami Land Development
Code for Special Use Approval to locate a general restaurant at
5818 South Dixie Highway within the Specially Retail 'SR',
. Hometown District Overlay 'HD-OV'.
A Resolutio~ related to a request pursuant to Section
20-7.6(C){2){b) of the City of South Miami Land Development
Code requesting a Special Exception waiving strict compliance
with the provisions of the Hometown District Overtay parking
requirements, to locate a general restaurant at5818 South Dixie
Highway within the Specialty Retail 'SR', Hometown District
Overlay 'HD-OV·.
l An Ordinance amending Section 15·93, titled'Noise.creatlng )
blowers, power fans, or IntemaL combustion engines, outdoor
powered tools and other eqUipment' of the eXisting noise
ordinance:", .,., . .
An Ordinance amending the Code of Ordinances Section 15-1
-Reserved, prohibiting the operation of helipads and the landing
or ,takeoff 91 helic6ptQrs ,or Qther. aircraft with ,the, city ,limits
except in the case of police, fire or similar civil' emergency, and
creating Section.15-1 (A) titled 'Penalty', to Include penailles for
violations,and providing for cOnflicts.
An Ordinance amending S(lction 20-4.3(N) -banners over
righ~-ol-way. to allow for administrative reView arQl approval <If
.~iIe~~ for bannai's, provldl{l9 a refel'eflce to tM c~y's fee
sche.dul8: proVIding addlllonal requlremQJl1S for appJiGant's
responsl~"itles and providing for ool1f1fct8. -, .
• ALL lnteresledpartles are Invited to attend and will be heard .
" .
For further Infoonation, please contact the City Clerk's OffIce
at: 305~63-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a personl:iecides to appeal any decision made by this
80ard, Agency or Commission with respect to any matter considered at
its meeting or hearing; he or she will need a record 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 Is to be based ,
.6fT . 13:3-26212099290M