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ORDINANCE NO. ______ _
An Ordinance amending the Code of Ordinances Section 15-1 -
Reserved, prohibiting the operation of helipads and the landing or
takeoff of helicopters or other aircraft within the city limits except in
the case of police, fire or similar civil emergency, and creating Section
15-1(A) titled "Penalty", to include penalties for violations.
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9 WHEREAS, at the April 2, 2013 City Commission meeting, Commissioner Harris
10 requested that the City consider regulations which prohibit the operation of helipads within the
11 City; and
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13 WHEREAS, the City Commission is desirous of protecting the quality of life and
14 character of the residential neighborhoods by minimizing excessive sound decibel levels
15 produced by such aircraft; and
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17 WHEREAS, the City of South Miami is a designated bird sanctuary and landing and
18 takeoff of helicopters would have a detrimental effect; and
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20 WHEREAS, the City Administration researched the regulations enacted by neighboring
21 communities who regulate such uses; and
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23 WHEREAS, at their May 14, 2013 Planning Board meeting following a public hearing,
24 voted unanimously to recommend denial of a proposed ordinance that would consider heliports
25 as a special use approval, in favor of a prohibition of this use; and
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27 WHEREAS, the City Commission is desirous of amending the Code of Ordinances to
28 prohibit the operation of helipads and the takeoff and landing of aircraft, including helicopters,
29 within the city limits, except in the case of police, fire or similar civil emergency.
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31 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
32 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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34 Section 1. Section 15-1 of the City of South Miami Code of Ordinances is hereby
35 amended to read as follows; and Sections 15-1(A) Penalty is hereby created:
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37 Section 15-1 -Reserved Helipads and Helicopters
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word "person" as used in this ordinance shall include all individuals and all entities, legal
or otherwise.
(Al Penalty.
Any person who violates this ordinance, the emp loyer of such person, the pers on or entity who
orders or requests a landing that is in violation of this ordinance and all those who aid or abet
these persons in the violation of this ordinance shall each pay a fine of $ , or in an amount
as may be listed in the City's Schedule of Fees and Fines, for the first offense. Each incident
which is in violation of this ordinance shall constitute a seoarate offense. The fine for each
successive time the same person performs the offence, employs a violator, orders or reguests a
landing in violation of this ordinance or who aids or abets a oerson in violation of this ordinance
shall be equal to twice the amount of the previous fine.
15 Section 2. Codification. The provisions of this ordinance shall become and be made
16 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
17 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
18 "ordinance" may be changed to "section" or other appropriate word.
19 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
20 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
21 shall not affect the validity of the remaining portions of this ordinance.
22 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
23 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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25 Section 5. Effective Date. This Ordinance shall become effective immediately upon
26 adoption.
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PASSED AND ADOPTED this __ , day of ___ > 2013.
ATTEST:
CITY CLERK
1 st 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:
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MIAMI DAILY BUSINESS REVIEW
Publi shed Daily exce pt Saturday, Sunday and
Leg al Holidays
Mi ami, Mia mi·Dade County, Fl orida
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 C L ERK, Legal Noti c es of the M iami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) news paper, published at Miami in Miami-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, reb ', mmis 'on or refund for the purpose
of se ' e rtis e m e ntor publication in the said
spape r ,
07 day of JUNE ,A.D , 2013
(SEAL)
MARIA MESA personally known to me
:f~?lpt,q" Notary Public State of Florida
• ': Cheryl H Marmer
~ ,.JJ My Commission EE 189528
01f~d" Expires 07/1A/2016
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C 'ITV 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(8)(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 Specialty Retail 'SR",
Hometown District Overlay 'HD-OV',
A Resoiution related to a request pursuant to Section
20-7.6(C)(2)(b) of the 8ity of South Miami Land Development
Code requesting a Special Exception waiving strict compliance
with the provisions of the Hometown District Overlay par1<ing
requirements, to locate a general restaurant at 5818 South Dixie
Highway within the Specialty Retail 'SR', Hometown District
Overlay 'HD-OV".
An Ordinance amending Section 15·93, titled'Noise·creating
blowers, power fans, or Internal, combustion engines, outdoor
powered tools and other eqUipment' of the existing noise
ordiriance~
An Ordinance amending the Code of Ordinances Section 15-1 )
-Reserved, prohibiting the operation of helipads and the landing
. or takeoff 9f , l1ellcOpters ,or. Qthe~, 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 penalties for
violations, and providing for cOnflicts. .
An Ordinance amending Section 20·4.3(N) -banners over
rights-of-way, to allow fO((I,dminlSl ra live review and approval of
requests for bannecs i p ro vidin g a reference to the city's fee
schedule; providIng additional requirements lor applicant's
respo.nsl~ililies and providing for conflicts. , ,
'ALL Interesied parties are Invited to aHend and wmbe heard.
For further Information, please cOntact the City Cler1<'s Office
at: 305-663-6340.
Maria M. Menendez, CMC
CityCler1<
Pursuant to Florida Statutes 286 .0105, the City hereby advises the
public that if a person"tlecides to appeal any decision made by this
Board, Agency or Commission. with respect to any. matter cOnsidered at
its meeting or hearing', he OJ 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