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1 ORDINANCE NO. ______ _
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3 An Ordinance amending Section 15-80 of the City of South Miami's Code of
4 Ordinances.
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6 WHEREAS, Section 15-80 of the City of South Miami's Code of Ordinances states:
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8 "It shall be unlawful for any person, by himself or by the operation of any
9 instrument, agency or vehicle, to make any unnecessary or unseemly noises
10 within one hundred (100) feet of any portion of the grounds and premises on
11 which is located a hospital or other institution reserved for the sick, or any school
12 during school hours. The city manager shall place as many signs as he may deem
13 proper within or near zones hereby created, calling attention to the prohibition
14 against unnecessary noises within such zones."; and
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16 WHEREAS, the ordinance, in its current form, does not address the main concern of
17 unnecessary or unseemly noise -its audible perceptibility; and
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19 WHEREAS, the Section 15-80 should be amended to provide more specific criteria.
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21 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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24 Section 1: Section 15-80 of the City of South Miami's Code of Ordinances shall be
25 amended to read as follows:
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27 Sec. 15-80. -Same-Near hospitals and schools.
28 It shall be unlawful for any person, by himself or by the operation of any
29 instrument, agency or vehicle, to make any unnecessary or unseemly noises that
30 are clearly audible within one hundred (100) feet of any portion of the grounds
31 and premises on which is located a hospital or other institution reserved for the
32 sick, or any school during school hours. The city manager shall place as many
33 signs as he may deem proper within or near zones hereby created, calling
34 attention to the prohibition against unnecessary noises within such zones.
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36 Section 2: Codification. The provisions of this ordinance shall become and be made
37 pmi of the Code of Ordinances of the City of South Miami as amended; that the sections of this
38 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
39 "ordinance" may be changed to "section" or other appropriate word.
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41 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
42 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
43 shall not affect the validity of the remaining portions of this ordinance.
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45 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
46 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
47 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
48 that give the appearance of being in conflict when the two ordinances can be harmonized or
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1 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
2 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
3 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
4 to harmonize the two ordinances shall be repealed.
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6 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this day of _____ , 2013.
ATTEST: APPROVED:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh: