18J.
1 ORDINANCE NO. _____ _
2
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.
5
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
'J.3 any radio, phonograph, or other mechanical sound-making devices or instrument,
LA 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:
37
38 Sec. 15-79. -Reserved.-Unneeessary, exeessive or unusual noises Cenerally.
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-lettered 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
1 st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 2 of2
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, 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
NOTICE OF PUBLIC HEARING FOR 10/1/2013
in the XXXX Court,
was published in said newspaper in the issues of
09/20/2013
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, re ,commissio or refund for the purpose
of se' sa 'sement for ublication in the said
MARIA MESA personally known to me
B, THOMAS
Commission # DO 937532
Expires November 2, 2013
I3or!ded Thru Troy Fain II1JUI1lnCt 600-385-1019
MIAMI HERALD I MiamiHerald.com
NEIGHBORS CALENDAR
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• CALENDAR, FROM 32SE
6:30 p.m. Sept. 22. The Barnacle
Historic State Park, 3485 Main Hwy.,
Coconut Grove. $10. Free for kids 9
and under. 305-442-6866. www.flori.
dastateparks.org/TheBarnacie or
www.TheBarnacle.org.
Party for a Cause: Benefits Foot-
prints Foundation's October trip to
the D.R. Congo where the foundation
works to reduce maternal and infant:
mortality around the world. Party
features food, drinks, music and
raffle.
7 p.m. Sept. 27. The Stage, 170 NE'
38th St., Little Haiti. $50.
305-573-8423.
www.footprints-foundation.org.
Pregnant Belly Casting Workshop-
Sept. 27-0ct. 11: Create a family
heirloom. Expectant mothers are
invited to this three-part workshop. ,
Registration required. Class meets on
consecutive Fridays at same time as,
first class below.. '
4:30 p.m. Sept. 27. Prenatal Plus
Yoga, 401 Miracle Mile #405, Coral
Gables. $300. 305-767-9949.
www.arttherapyconsulting.com/
#!pregnant-belly-casting/cls6t. i
St. Hugh-Stelnway Concert Series: '
Acclaimed Cuban-American soprano
Eglise Gutierrez in her only appear-,
ance in concert this season, singing ,
arias by Handel and Mozart as well
as zarzuela favorites and Cuban
songs, with pianist Roberto Berroca!.
8 p.m. Sept. 27. St. Hugh Catholic
Church and School, 3460 Royal Rd.,
Southwest Coconut Grove. Swan
Circle $45; Lake Circle $30.
305-444-8363.
www.sthughconcerts.org.
Stagialre Supersupper Two: Fea-
tures Bradley Herron's family-style,
outdoor dinners for 30 and takes
them inside and to the next level for
the second time. Fifteen guests will
gather around a communal table in a
private dining room to enjoy a
welcome beverage, hors d'oeuvres
and five-course tasting menu with
wines poured by Eric Larkee ..
5:30 p.m. Sept. 22. Michael's
Genuine Food & Drink, 130 NE 40th
St., Little Haiti. $100. 786-282-8797.
michaelsgenuine.com/.
Subliminally Exposed: Dr. Steven
Dayan, author of the New York Times
best seller, "Subliminally Exposed,"
speaks along with the beauty
director of 0, The Oprah Magazine.
6 p.m. Sept. 27. Colony Theater,
1040 Lincoln Rd., Miami Beach. $10.
312-335-2070. www.subliminally
exposed.com/events.
TASTE OF THE BEACH In Collins Park
-2nd Annual: The Beach Channel
presents, the 2nd Annual Taste of
the Beach in Collins Park. is a 2-day
outdoor community event that
celebrates
and features culinary creations of
Miami Bea.
12 p.m. Sept. 28. Collins Park, 22nd
St. and Collins Ave., Miami Beach. $5
-$25. 305-859-2000.
www.tasteofthebeachmiami.com.
TGIF Final Round: Special event to
thank community supporters, a
closing reception featuring a final
round of golf, a hole-in-one contest,
OJ and $5 drinks. RSVP required.
6 p.m. Sept. 27. Coral Gables
Museum, 285 Aragon Ave .. Coral
Gables. Free. 305-603-8067.
www.coralgablesmuseum.org;
Tango Classes in South Beach:
Tango, some with Milonga after-
wards. Teachers include Diego
Santana and Santana with Lorena
Arrestia. Call for complete schedule.
Ciasses held at various locations,
including the one shown here.
8:30 p.m. Sept. 23. Tapas & Tintos,
448 Espanola Way, Miami Beach.
Free. 786-355-0882.
www.diegosantanatango.com.
The Art of Cooking for Kids: After-
school classes using healthy ingredi-
ents and food as art. Mommy/Daddy
& Me to 12 years dasses by age
group. Includes food.
4 p.m. Sept. 24. Atlantis Natural.
1717 N. Bayshore Dr., Media and
Entertainment District. $25/class or
$80 for a series of four •
305-379-2722. www.atlantisnatural.
com/art-of-cooking-for-kids-c1ass/.
The Bohemia Room Weekly Spoken
Word Experience: Includes an Open
Mic Poetry Night and evenet is a
bi-monthly artist showcase featuring
local and international poets, vocal-
ist, visual artists"usicians & lyricists.
Hosted by Ingrid B, Music by DJ Fly
Guy. s
8 p.m. Sept. 25. Grand Central, 697
N. Miami Ave., Park West. $10-$15.
305-519-1369.
www.thebohemiaroom.com.
The Glass House: "A Chapel In a
Cathedral of Nature": Through Oct.
20, this exhibit will feature a dozen,
large-scale color photographs by
renowned architectural photog-
rapher Robin Hill of Philip Johnson's
Glass House campus plus other
artifacts.
12 p.m. Sept. 22. Coral Gables
Museum, 285 Aragon Ave., Coral
Gables. Free with admission of.
Members Free, Adults $7, Students
and Seniors (with ID) $5, Children
(6-12) $3, Children under 6 Free.
305-603-8067.
www.coralgablesmuseum.org.
Trivia Tuesdays at Elwoods: Held
every second, fourth and fifth
Tuesday. Includes prizes ..
8 p.m. Sept. 24. Elwoods Gastro
Pub, 188 NE Third Ave., Downtown
Miami. Free.
SE SUNDAY, SEPTEMBER 22, 2013 I 33SE
www.elwoodsgastropub.com. I .. « • 'rrli==========~~~===
City of Coral Gables
P~blic Invited to Informational Meeting
R~garding Neighborhood Trees
The City of Coral Gables will be holding several informational meetings to discuss the
Neighborhood Tree Succession Plan and Tree Initiation Plan being developed. DUring
these meetings, City staff will discuss plans to replace missing, dead or diseased trees
throughout neighborhood streets, as well as determining street tree themes for those
neighborhoods with no dearly defined street tree theme. The public is invited to attend.
To determine which meeting you should attend, see below.
SEPTEMBER 25: Area 5 -South of Sunset Dr. (SW nnd St.) to the southern City limits
6:30-8 pm at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road
OCTOBER 2: Area 4 -South of US 1 to Sunset Dr. (SW nnd St), and between Red Road
(SW 57th Ave) and eastern City limits
6:30-8 pm at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road
OCTOBER 9: Area 3 -South of Bird Road (SW 40th St) to US 1, and between Red Road
(SW 57th Ave) and eastern City limits
6:30-8 pm atYouth Center Theater, 405 University Drive
OCTOBER 15: Area 2 -!-South of Coral Way (SW 24th 5t) to Bird Road (SW 40th St),
and between Red Road (SW 57th Ave) and Douglas Road (SW 37th Ave)
6:30-8 pm at Coral Gabl~s Library, 3443 Segovia Street
OCTOBER 16: Area 1 ~South of the northern City limits to Coral Way (SW 24th St),
and between Red Road (57th Ave) and eastern City limits
6:30-8 pm at Coral Gablies Library, 3443 Segovia Street
For more information, call the Public Works Department at 305-460-5000
CITY OF SOUTH MIAMI
COURTESY NOTICE
NonCE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular
City Commission meeting scheduled for Tuesday, October 1, 2013, beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
A Resolution authorizing the City Manager to enter Into a !'No (2) year vehicle rental agreement with Enterprise Rent.A~Carfor
rental vehicles used In undercover police operations by the Police Department and authorizing the City Manager to disburse
up to $30,000.00 per year over a two year period from the federal forfeiture rental/lease police vehicles account number
615-1910-521-4450 (Purchase/Lease-Police Vehicles).
A Resolution authonzing the Soulh Miami Community Redevelopment Agency ("SMCRA") to convey property owned by the
SMCRA to a private developer known as Green Mills Investments LLC for a purchase price that is less than the fair market
value 01 the property in order to develop the Madison Square Property and to construct mixed·use affordable housing and
commerclal units on the property.
An OrdInance related to a request for a zoning map amendment to the City of South Miami offiCial zoning map, to re·zone the Agency owned
property assemblage referred to as the Madison Square redevelopment (wes~, folio numbers 09·4025·000-0850; 094025·000-0852; and
09-4025-065-0090, trom a current zoning designation of "RS·4" (Single· Family) to the "RM-18" (low Density Multi·Fami~ ResidenlaQ to allow
for additional residential dwelling units within the Madison Square Mixed~Use Development Project
An Ordinance amending Section 15-80 of the City of South Miami's Code of Ordinances.
An Ordinance amending Section 15~81 of the City of South Miami's Code of Ordinances by striking the text and reserving
the section number.
I A, n Ordinance amending Section 15~79 of the City 01 South Miami's Code of Ordinances by striking the text and reserving
\..... the section number.
ALL interested parties are invited to attend and will be heard.
For furlher Informaflon, please contact Ihe City Clerk's Office al: 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 Commission 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.