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Ordinance No. -----
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 ordinance.
WHEREAS, City residents are entitled to peace and quiet at night and on the weekends
and holidays; and
WHEREAS, the use of loud, mechanized yard maintenance equipment has the potential
to interrupt sleep and enjoyment of one's yard, and
WHEREAS, residents who work may have no other time except weekends to take care
of their yards; and
WHEREAS, certain commercial grade equipment is often larger and louder than
consumer grade equipment, even when the engines are properly muffled; and
WHEREAS, mechanized leaf blowers have been shown to cause respiratory problems by
blowing dust and mold particles into the air, and
WHEREAS, mechanized leaf blowers make particularly annoying and penetrating
sounds; and
WHEREAS, no economic harm to lawn services has been demonstrated in communities
where leaf blowers have been banned outright.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Code of Ordinances Chapter 15, Article III shall be amended thus:
Sec. 15-93. -Noise-creating blowers, power fans: or internal combustion engines,-outdoor
powered maintenance tools and equipment.
UUJt shall be unlawful to operate .. or cause to be operated .. any Hoise ereatiHg blower,-Bf pewer
fan .. or aHY-intemal combustible engine, the operatioH of which causes Hoises due to the explosioH
of operatiHg gases or fluids, uHless the Hoise from sueh blower or faH is muffled aHd sueh eHgiHe
is equipped with a muffler deviee sufficieHt to deadeH sueh Hoises, so that the same shall Hot
eause aHHoYaRee to the pub lie or disturb the rest aRd quiet of persoHs residiHg or oecup~'iHg
property Hear eHough thereto to be aRHoyed by the UHmuffled blo'wer, faH or eJ<haust of aHY sueh
eHgffie affeets harms the quality of life in residential neighborhoods by creating noise measured
on other residential properties exceeding the dB SPL levels listed here: , the operation of ,<vhieh
eauses Hoises due to the explosioH of operatiHg gases or fluids, uHless the Hoise from sueh blower
or faR is muffled aHd sueh eHgiHe is equipped 'Nith a muffler deviee suffieieHt to deadeH sueh
Hoises, so that the same shall Hot eause aRHoyaHee to the publie or distl:lrb the rest aRd quiet of
persoHs residiHg or oeeupyiHg property Hear eHol:Igh thereto to be aHHo~'ed b~' the I:IHml:lffled
blowef, faH or exhal:lst of aHoY sl:loh eHgine
Cumulative Duration of the Intrusive Sound 7 am-II pm 11 pm-7 am
CdBA) (dBA)
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l. Cumulative period of 30 minutes per hour 55 50
2. Cumulative period of 15 minutes per hour 60 55
3. Cumulative period of 5 minutes per hour 65 60
4. Cumulative period of 1 minute per hour 70 65
5. Level not to be exceeded for any time per hour 75 50
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 back from 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
seven (7) feet 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 permitted from 6:00 p.m. until 8:00 a.m. on weekdays,
before 9 am or after 2 pm on Saturdays, nor any time on Sundays or on holidays, which
are defined in section 15-98 of the 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 prohibited 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. Such permission may
be rescinded with one week's prior written notice from the head of the household of any
affected property;
(4) Equipment used to resolve an emergency condition 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
particulate matter to blow or drift into an inhabited structure or more than five (5) feet onto or
over another residential property ten (10) days after the owner or occupier of said affected
property has served at least one written notice of objection on the owner or occupier of the
property from which such particulate matter is emanating.
(d) All notices required by this ordinance shall be served by United States registered or certified
mail with proof of delivery by a return receipt or as provided by the postal service.
(e) The 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 violation of this ordinance in the course and/or
scope of such hiring. It shall also mean 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.
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(f) Following a warning or cease and desist order give by City personnel and delivered in writing
to a violator, if that person continues to violate this ordinance, after receiving a written warning,
he or she 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-Iettered to accomplish such intention; and that the word
"ordinance" 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.
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:
3
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
MERCEDES ZALDIVAR, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Bus.iness
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, 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
NOTICE OF PUBLIC HEARING 7/16/2013
in the XXXX Court,
was published in said newspaper in the issues of
07/05/2013
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, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
n'w'pape~
Swom to and subscribed before me this
(SEAL)
MERCEDES ZALDIVAR personally known to me
S, THOMAS
CommisslJn # DO ~ )7532
Expires November 2,2013
BoI1d<ld Thru Troy f ai~ ."......., iJUo·Oi~ 70 19
~\-:r.~'tiJJ;.', •• --8·: TROMAS---~--
! , f~ Commission # DO 937532
.' i Expirfl9 NovemOOr 2,2013
~ 'tMl ffflYrillfl~IIQO.M&07019
28SE I SUNDAY, JULY 7, 2013 SE MiamiHerald,com I MIAMI HERALD
CRIME WATCH
Scammers are striking close to home
BY CARMEN
GONZALEZ CALDWELL
Special to the Miami Herald
M y mother-in-law
and my father
were confronted
with two different scams
recently. I just want to tell
you about them.
My father was outside in
front of his house in Miami
Beach. A young woman
approached him and said
she was collecting for an
organization, something to
do with the United Na-
tions. My father is so giving
-let's just
say that all
the home-
less people
in Miami
knowhlm
by his fIrst
name-so
he went
inside and told his wife to
give the woman a check for
her organization.
As his wife was talking
to her, she asked what orga-
nization she should make
the check out to. Guess
what? They do not take
checks. The woman ex-
plained that they wanted
their bank information and
would withdraw the money
directly from their account
for deposit into their orga-
nization's account. They
told her to leave.
My mother-in-law was
looking for a parking spot
at the Navarro in Sunny
Isles Beach. She noticed a
motorcycle about to leave a
handicapped space and she
drove near the spot to wait.
As the biker pulled out,
he told my mother-in-law
to roll down her window.
She did, and he accused her
of hitting his motorcycle.
She was waiting for the
spot, so she was never near
his cycle.
He asked for her papers,
and she wouldn't give them
to him. He said he was
going to call the police, and
she said "good idea."
So she waited and wait-
ed; he approached her
again and said the police
were taking too long, that
she better stay there and he
would come back with the 1"""--------------------------------.' police. After a while, a Navarro employee asked
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearlng(s) at jts
regular City Commission meeting scheduled for Tuesday, July 16, 2013, beginning at 7:00 p.m., in the City Commission
Chambers, 6130 Sunset Drive, to consider the following item(s):
what's wrong, she told him
and they called the police.
We think he was trying
to see if my mother-in-law
would give him money so
he wouldn't "call" the po-
lice. The biker never came
back, and the police, who
came pretty quickly, said
they never got a call about
this.
Just when you think you
heard it all, here is a scam
that came to me from
Scambook.com, the online
complaint resolution
platform:
With many people mov-
ing during the summer
months, scammers are
exploiting this confusing
time by offering unneces-
sary "change of address"
services. Third-party com-
panies claiming to repre-
sent the U.S. Postal Service
offer to help consumers
register a new residential
address, resulting in un-
expected monthly charges
of $17 to $24.
Scambook has received
more than 300 complaints
about" change of address"
sites from consumers
across the country, central-
ized in Florida, California,
Arizona, Oregon, Washing-
ton state and Texas.
Individuals are receiving
an initial processing charge
of $1, followed by unwar-
ranted monthly charges for
additional services they did
not knowingly purchase.
Many have also experi-
enced difficulty contacting
the sites' customer service
departments to cancel the
unwanted subscriptions.
To avoid doing business
with these third-party serv-
ices during a move, Scam-
book recommends con-
sumers only to use the
official U.S. Postal Service
change of address site by
visiting https://movers
guide.usps.com.
Cannen Caldwell is
executive director of Citi-
zens' Crime Watch ofMi-
ami-Dade. Sendfeedback
and news for this column to
cannen@citizenscrime
watch.org, or call her at
305-470-1670.
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels A, B, and C on the Northern
portion of property specificallv located at 6520 SW 56th Street, SOuth Miami, Florida within an RS·3; low Density Single-Family
Residential Zoning District as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(B) of the City of
South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; for the purpose of constructing three
new single-fam!1y homes; and providing for a legal description.
NEIGHBORS CALENDAR
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels A, B, C, and D on the Southern
portion of property specifically located at 6520 SW 56th Street, South Miami, Florida within an RS·3; Low Density Single-Family
Residential Zoning District as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2{B) of the City of
South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; for the purpose of constructing three
new single-family homes; and providing for a legal description.
A Resolution authorizing the City Manager to enter into a three (3) year Community Space Lease Agreement between
Miami-Dade County, through its Public Housing & Community Development (PHCD), and the City of South Miami, for the
premises located at the South Miami Garden Public Housing Development, 6726 SW 59th Place, South Miami, Florida.
A Resolution authorizing the City Manager to enter into a contract with EAC Consulting, Inc. for a contract price not to
exceed $25,465 for the Dam Avenue Drainage Project design, to be charged to Local Option Gas Trust Fund account
number 112·1730-541·6210.
A Resolution authorizing the City Manager to enter into a two·year lease and maintenance contract for two police motorcycles
with Petersen's Harley·Davidson's of Miami, disbursement of the funds up to $11,400.00 per year from account number
001·1910-521-4450 (Purchase/lease Police Vehicles), for the years fiscal years 2013114 through 2014/2015.
(
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 ordinance. )
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Cieri<
Pursuant to Florida StaMes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered al 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.
-CALENDAR, FROM 27SE
9:30 a,m, July 13, Fairchild Tropical
Botanic Garden, 10901 Old Cutler
Rd.,. Free for Fairchild members and
children 5 and under, $25 for adults,
$18 for seniors 65 and up and $12 for
children 6·17. 305·667·1651.
www.fairchildgarden.org/
events/Mango· Festival(,
Inlemational sounds by Ihe planisl:
Performs international sounds on
Mondays. Three·course, fixed price
meal available or order a la carte.
Reservations requested ..
7:30 p,m, July 8, Villa Azur, 309
23rd 5l.. Miami Beach, $45 fixed
price meal. 305-763-8688,
www.villaazurmiami.com.
Job Fair -Prelerred Medical Plan:
Preferred Medical Plan is South
Florida's oldest independently
owned HMO. We serve members in
Medicare, Medicaid, and Commercial
lines of business. As a growing
company, our e.
9 a,m, July 13, Sofitel Miami
Luxury Hotel, 5800 Blue Lagoon Dr,,,
FREE. 305·648·4025,
httpsj/www.facebook,
Page: CrimeWatch,
C;,..ifoinn·1e'+-
Pub. date: Sunday, July 7
C:.o.,..+inn '7nn.o." n'3l"'aC:1:
com/PreferredMedicaIPlan?ref=hl.
Liberty City Green Market: Liberty
City Green Market is a Farmers
Market that has a variety of fruits,
vegetables and specialty items such
as Moringa, alkaline water and vegan
gluten free cupcakes. We a.
10 a,m, July 13, Liberty City Green
Market, 60th St N,W. 7th Ave, Down·
town Miami, Free, 786·873·0525,
www.facebook.com/
urbangreenworks.
Miami Mllers: A running club for
children ages 18 and under is now
registering for track and field. Club
also participates in cross country and
road racing.
6 p,m, July 8. Tropical Park, 7900
SW 40th St, Olympia Heights, Free·
tryout. 305·877·9469,
miamimilers.net.
Miami's Vice Clly Rollers Fan Appre-
ciation Bout: last home bout of the
season and event includes food, beer
and roller derby. Bring lawn chairs or
blankets for floor seating ..
7 p.m, July 13, Suniland Hockey
Rink, South Dixie Highway and SW
152nd Street, Southwest Miami-Dade.
Free. 786-471-2644. www.miamiroller
derby,com,
Mlnl-Goll al Ihe Coral Gables Muse-
um: Don't let your summer get stuck
in the rough! Visit the Coral Gables
Museum & play on a one·of-a·kind
mini·golf course created by top
architects, landscape designers and
contr.
12 p,m, July 7, Coral Gables Muse·
um, 285 Aragon Ave" Coral Gables,
$3 plus museum admission.
305·603·8067.
coralgablesmuseum.org.
Parrandas de Remedios de Cuba;
The Miami·Dade Fair & Expo pre·
sents Parrandas de Remedios de
Cuba at the Fair Expo Center
grounds. The event features perfor-
mances by Cuban artists: Eddy K,
Timbalive, Carlos.
12 p,m, July 13, Miami Dade Fair
Expo Center, 10901 SW 24th St.,
University Park. Admission is $30 per
person; free for children age 10 and
under, Free Parking, 305·873-3084
or 305-586·8211.
fairexpo,com/thefair/ expo,php,
Pierce Fulton al Hyde Beach: Pierce
Fulton takes over Hyde Beach's
Sunday afternoon pooiside bash ..
-TURN TO CALENDAR, 30SE
Last user: paulsteszewski
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