15ORDINANCE NO. _______ _ 1
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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 with the city limits except in
the case of police, fire or similar civil emergency, and establishing a
penalty for violations.
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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Page 1 of 3
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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.
c.
(b) Penalty.
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
\vithin 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.
Emergency evacuation from the City of South Miami shall be permitted.
(1) 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.
(2) 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.
(3) 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.
34 Section 2. Codification. The provisions of this ordinance shall become and be made
35 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
36 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
37 "ordinance" may be changed to "section" or other appropriate word.
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39 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
40 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
41 shall not affect the validity of the remaining portions of this ordinance.
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43 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
44 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Page 2 of 3
1 Section 5. Effective Date. This Ordinance shall become effective immediately upon
2 adoption.
3 PASSED AND ADOPTED this __ , day of ,2013.
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ATTEST:
CITY CLERK
12 1 st Reading:
13 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:
Page 3 of 3
Page: NabesSE_24,
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liday Welcome Program
Registration opens Monday,
August 12 at 8:30 a.m.
A limited number of free seats is available at
the following synagogues:
MIAMI BEACH NORTH DADE (ConUnued)
• Chabad House in Miami • Temple Sinai of
Beach (Orthodox) North Dade (Reform)
• Cuban Hebrew • Temple TIfereth Jacob
Congregation -(Conservative)
Temple Beth Shmuel • Young Israel of Aventura
(Conservative) (Orthodox)
• Kavanah Ute at Ocean • Young Israel of Sunny
Pavilion (Orthodox) Isles Beach (Orthodox)
• Dpen Tent with the Tribe
(Reform-Erev Rosh Hashanah rJll1,~I/CENTRAL
& Kol Nidre services for those
in their 20s & 30s)
• Temple Beth Sholom
(Reform-Erev & 2nd Day
Rosh Hashanah)
• Temple Emanu-B
(Cooserua1ive)
• Temple Moses Sephardic
Congregation of Florida
(Orthodox)
NORTH DADE
• Aventura Chabad
(Orthodox)
• Aventura Tumbeny
Jewish Center -Beth
Jacob (Conservative)
• Beth Moshe Congregation
(Conservative)
• Beth Torah Benny Rok
Campus (Conservative)
• California Club Chabad
(Orthodox/Spanish-language
services)
• Chabad of Miami Lakes
(Orthodox)
• Chabad of Sunny Isles
Beach (Orthodox)
• Chabad Russian Center
(Orthodox/Russian-language
services)
• Highland Lakes Jewish
.Center -Chabad Chayill
The Famly Shul (Orthodox)
• The Shul of Bal Harbour
(Orthodox)
• Beth David Congregation
(Conservative)
• Chabad at Midtown
(Orthodox)
• The Rok Family Shul
-Chabad Downtown
Jewish Center (Orthodox)
• Temple Beth Tov Ahavat
Shalom (Conservative)
• Temple Israel of Greater
Miami (Refonm)
SOUTH DADE
• Ahavat OIam
(NondenominationaQ
• Bet Breira Samu-EI
Or Olom (Reform &
Conservative services)
• Bet Shira Congregation
(Conservative)
• Chabad Jewish Center of
Doral (Orthodox)
• Chabad of Kendall
(Orthodox)
• Temple Beth Am (Reform)
• Temple Beth Or
(Reconstructionist)
• Temple Hatikvah-
Homestead Jewish Center
(Refonm)
• Temple Judea (Reform)
• Young Israel of Kendall
(Orthodox)
TO ENSURE SECURITY, advance reserVations are
required. Please be prepared to show a picture 10.
Worshippers are encouraged to bring their own head
coverings and prayer shawls, If available.
Let us welcome the New Year 5774 together and
may it be one of peace and prosperity for us all.
Brought to you by the
V Greater
Miami
Jewish
Federation
NEIGHBORS CALENDAR
• CALENDAR. FROM 35SE
certified Air Conditioning repair
professionals.
7 p.m. Aug. 16. Action Air Inc, AC
Repair Miami, 7891 West Flagler
Street" 954-966-7474.
Meet the Dolphins Kickoff LUnch-
eon: The Greater Miami Chamber
presents event with meal alongside
your favorite players, coaches and
alumni. The event features player
O&A and a performance by the
Miami Dolphins Cheerleaders. You
may bring your cameras.
TI:30 a.m. Aug. 16. Hilton Miami
Downtown, 1601 Biscayne Blvd.,
Media and Entertainment District.
$125 (includes parking to the lunch-
eon, plus one lower level ticket for
Miami Dolphins vs. Atlanta Falcons
on Sept. 22" 305-577-5464.
www.miamichamber.com.
CHARITY & VOLUNTEER
Carrfour Supportive Housing Hosts
Art Exhibition and Cocktail Net-
working Event: Carrfour Supportive
Housing invites you to an evening of
networking, art, reggae music and
cocktails as we continue in our
mission to confront homelessness
across South Florida.
This one-of-a-kind art show
exhibiting the plight of the homeless
will be curated by Miriam Machdo of
The Patricia & Phillip Frost Art
Museum at FlU, and is presented in
conjunction with local artists in-
cluding Erika Biddle, Giselle Delgado,
Corinne Wakeland, and art critic/
historian Helen Khoen.
5:30 p.rn. Aug. 15. Villa Aurora,
1398 5W First St., East Little Havana.
$25 for one person -or -$40 for two
people. 954-547-3845.
www.carrfour.org.
L1steners/Oyentes Program: M-DCP5
sponsored program seeking non-
judgmental English or Spanish
speaking adults to act as sounding
boards to make a difference in the
life of a child.
9 a.m. Aug. II. Listeners/Oyentes,
1450 NE Second Ave., Media and
CITY OF SOUTH MIAMI
COURTESY NOTICE
Entertainment District.
305-935-0045.
www.listenersprogram.org.
Peace Corps Into Sesslon-: Subtitle
is Live, learn and Work with a
Community Overseas. Make a differ-
ence in the lives of others and your
own. Help a community in need and
become a global dtizen with Peace
Corps service. Register at website.
6 p.m. Aug. 15. Sant La, Haitian
Neighborhood Community Center,
5000 Biscayne Blvd .. Little Haiti.
Free. 404-562-3456.
ISwim for Jenny: The Parks Founda-
tion of Miami-Dade and the Swim for
Jenny Memorial Fund present
tundraising event at participating
Miami-Dade pools.
8 a.m. Aug. 11. Partidpating Miami
Dade Parks and Pools, 3401 5W 72
Ave., Coral Terrace. 305-665-1626.
www.swimforjenny.org.
CLUBS
Contemporary News & Views: If you
• TURN TO CALENDAR. 41SE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s)
at fts regular City Commission meeting scheduled for Tuesday. Augusl 20, 2013. beginning at 7:00 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
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.
An Ordinance authorizing the City of South Miami to enter into an agreement with Miami-Dade County Water
and Sewer Department for the conveyance, to the County, of the sanitary sewage facilities associated with the
City Hall sewer connection project located at 6130 Sunset Drive.
An Ordinance authorizing the City of South Miami to enter into an agreement with Miami-Dade County Water
and Sewer Department for the conveyance, to the County, of the water and sanitary sewage facilities associated
with the Murray Park Pool project located at NE corner of SW 68 St and SW 58 PL., more particularly as
5800 SW 66 St. as well as any associated right of way or easement. .
(
An Ordinance of the City of South Miami, Florida amending the Code of Ordinances Section 15·1 -Reserved, )
prohibiting the operation of helipads and the landing or takeoff of helicopters or other aircraft with the city limits
except In the case of police, fire or similar civil emergency, and establishing a penalty for violations.
An Ordinance amending Section 8A-2(1) to provide clarification as to the meaning of language of the limitation
period for filing an ethics complaint and to provide for the repose of complaints.
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels 1 through 5,
on property specifically located at 6150 SW 80th Street; 6120 SW 80th Street; and 6040 SW 80th 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(8) of the City of South Miami Land
Development Code, and Section 28-4 of the Miami-Dade County Code; forthe purpose of constructing five new
single family homes; and providing for a legal description.
A Resolution authorizing the City Mamiger to enter into a two-year lease and maintenance contract for two
police motorcycles wfth 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 (PurchaselLease Police Vehictes), forthe years fiscal years
2013114 through 2014/2015.
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 Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by
this Board, Agency or Commisskln 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.
Pub. date: Sunday, August 11 Last user: paulsteszewski
C::o,..+inn 7nn.c." n'!llll'loc::a: I '!lIIef ,..h'!lllnna '!lIIf· ')n·1t;.·c;n "unllef Q
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
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, 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 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 -AUGUST 20,2013
in the XXXX Court,
was published in said newspaper in the issues of
08/09/2013
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 thO dverti e r publication in the said
newspaper.
Sworn to and subscribed before me this
09 d;} AUGUST
pO
(SEAL)
O.V. FERBEYRE personally known to me
..