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1 ORDINANCE NO. ______ _
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3 An Ordinance amending Section 15-79 of the City of South Miami's Code of
4 Ordinances by striking the text and reserving the section number.
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6 WHEREAS, Section 15-79 of the City of South Miami's Code of Ordinances states:
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8 "It shall be unlawful to make any loud, unnecessary, excessive or unusual noise in
9 the city."; and
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11 WHEREAS, the ordinance has no objective criteria, IS overbroad and does not
12 specifically enumerate what is prohibited; and
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14 WHERAS, the lack of objective criteria makes it impossible for the ordinary citizen to
15 know what conduct is prohibited; and
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17 WHEREAS, the City of South Miami has a noise ordinance, Section 15-82, that does
18 provide objective criteria and states:
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20 "It shall be unlawful for any person owning, occupying or having charge of any
21 building or premises or any part thereof, in the city, at any time to cause or suffer
22 to allow any loud, unnecessary, excessive or unusual noises in the operation of
23 any radio, phonograph, or other mechanical sound-making devices or instrument,
24 or reproducing device or instrument, or in the playing of any band, orchestra,
25 musician or group of musicians, or in the use of any device to amplify the music
26 of any band, orchestra, musician or group of musicians, where the noise or music
27 is audible at a distance of 100 feet from the building, structure, or premises in
28 which or from which it is produced. The fact that the noise or music is plainly
29 audible at a distance of 100 feet from the premises from which it originates
30 constitutes prima facie evidence of a violation of this article."
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32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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35 Section 1: Section 15-79 of the City of South Miami's Code of Ordinances shall be
36 amended as follows:
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38 Sec. 15-79. -Reserved.-Unneeessary, exeessive or unusual noises Generally.
39 It shall be unlawful to make any loud, unnecessary, excessive or unusual
40 noise in the city.
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42 Section 2: Codification. The provisions of this ordinance shall become and be made
43 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
44 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
45 "ordinance" may be changed to "section" or other appropriate word.
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1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
3 shall not affect the validity of the remaining portions of this ordinance.
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5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
6 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
7 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
8 that give the appearance of being in conflict when the two ordinances can be harmonized or
9 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
10 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
11 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
12 to harmonize the two ordinances shall be repealed.
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14 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: