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2
ORDINANCE NO. _______ _
3 An Ordinance amending the Code of Ordinances Section 15-1 -
4 Reserved, prohibiting the operation of helipads and the landing or
5 takeoff of helicopters or other aircraft with the city limits except in
6 the case of police, fire or similar civil emergency, and establishing a
7 penalty 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:
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38 Section 15-1 -Reserved Helipads and Helicopters
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40 It shall be unlawful for any person to construct, maintain, or operate a helipad or heliport, or
41 for any person to take off or to land any aircraft, including helicopters, or to employ such a
42 person for this purpose, or to order or request such activity, or to aid or abet such activity within
43 the jurisdictional boundaries of the City except in the case of police, fire, or civil emergencies,
44 and then only when operated under the supervision and authority of a federal, state, county or
45 municipal agency.
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1 (a) Definitions:
2 (1) Person as used in this ordinance shall include all individuals and all entities, legal
3 or otherwise.
4 (2) Helipad or Heliport as used in this ordinance shall be defined as a landing and/or
5 takeoff place for a helicopter.
6 (3) Civil emergency as used in this ordinance shall be defined as:
7 a. a riot, or unlawful assembly of three or more persons acting together with
8 the use of actual force or to threaten to use force if the threat is
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b.
accompanied by the power to execute such threat; or
any natural disaster or manmade calamity, including flood, conflagration,
cyclone, tornado, hurricane, earthquake, explosion, or vehicular accident
within the corporate limits of the city resulting in the death or injury of
persons or the destruction of property to such an extent that extraordinary
measures must be taken to protect the public health, safety, and welfare.
(b) Penalty.
(1)
(2)
(3)
A fine in the amount of $2,500.00 shall be imposed on each of the following
persons for the first offense:
a. any person who violates this ordinance;
b. the employer of such person who shall be assumed to have ordered the
landing, if the employer has prior knowledge of such action;
c. the person or entity who orders or requests a landing that is in violation of
this ordinance; and
d. all those who aid or abet these persons in the violation of this ordinance.
Each incident which is in violation of this ordinance shall constitute a separate
offense. The fine for each successive time the same person performs the offence,
employs a violator, orders or requests a landing in violation of this ordinance, or
aids or abets a person in violation of this ordinance shall be equal to twice the
amount of the previous fine.
The City may include a fine for a violation of this ordinance in the City's
Schedule of Fees and Fines which shall supersede the penalty set forth above.
33 Section 2. Codification. The provisions of this ordinance shall become and be made
34 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
35 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
36 "ordinance" may be changed to "section" or other appropriate word.
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38 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
39 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
40 shall not affect the validity of the remaining portions of this ordinance.
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42 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
43 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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45 Section 5. Effective Date. This Ordinance shall become effective immediately upon
46 adoption.
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PASSED AND ADOPTED this __ , day of ___ , 2013.
ATTEST:
CITY CLERK
10 1st Reading:
11 2nd Reading:
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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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