Ord. No. 10-01-1741ORDINANCE NO.10-01-1741
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE AMENDING
OF SECTION 15-6,CARNIVALS,SIDE SHOWS,STREET SHOWS,
ETC.,PROHIBITED WITHIN CITY LIMITS;OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTH MIAMI;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE
DATE.
WHEREAS,Sections 15-6 of theCityCode of Ordinances prohibitsstreetfestivals
in various forms within the City limits;and,
WHEREAS,severaltimesperyearsanctionedandpermitted events are conducted
onthe city's streets which wouldbe prohibited actsunderthisordinance;and
WHEREAS,this ordinance was enacted in 1950,before any of the current events
aforementioned existed andata time when people of dubious repute conducted such
activities;and
WHEREAS,theCity Commission hasexpressedtheirdesiretohavethe City's
Code of Ordinancesbroughtuptodatebydeletingobsolete material;and
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 15-6 of theCode of Ordinances of the City of South Miami
currently readsasfollows:
Section 15-6 Carnivals,side shows,street shows,etc.,prohibited within city
limits.
Carnivals,side shows,streetshows,medicine shows,expositions companies
orshowsor performances givenwithintents,whethercoveredoruncovered,orshowsor
performances giveninany temporary enclosure,conducted for profit by concessionaires
areherebyprohibited within thecitylimits.(Ord.202§1,3-21-50)
Section2.The City Commission herebyamends Section 15 todeletethe
existing Section 15-6 in it's entirety.
Additions shown hv underlining and deletions shown hv ovaritriking
Page 2of Ord.NO.10-01-1741
Section 3.The City Commission hereby adopts the following as Section 15-6:
Street shows,festivals,musical performances and other forms of
commercial entertainment are allowed within the citv limits only upon obtaining the
properpermitsfromtheCitv of SouthMiami.
Section4.If anysection,clause,sentence,orphrase of thisordinanceisforany
reason held invalid or unconstitutional bya court of competent jurisdiction,the holding
shallnot affect the validity of the remainingportions of thisordinance.
Section5.All ordinancesorparts of ordinancesin conflict with theprovisions
ofthis ordinance arerepealed.
Section 6.This ordinance shallbe effective immediately aftertheadoption
hereof
PASSED AND ADOPTED this _10_day of Aoril 2001
ATTEST:
1st Reading -
2nd Reading-
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED
MAYOR
COMMISSION VOTE:
MayorRobaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Additions shown hv nnderlinino and deletions shown hv ovorstrilring
5-0
Yea
Yea
Yea
Yea
Yea
TO:
FROM:
City of South Miami
INTER-OFFICE MEMORANDUM
Honorable Mayor,Vice Mayor
and City Commission
Charles Scurr,
City Manager
/^Re:
Date:Aoril 6,2001
.TAgendaItem#_
Comm.Mt&pril 10,2001
Amending of Section 15-6
Of the Code of Ordinances
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA RELATING TO THE AMENDING OF SECTION
15-6,CARNIVALS,SIDE SHOWS,STREET SHOWS,ETC.,PROHIBITED
WITHIN CITY LIMITS;OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTH MIAMI;PROVIDING FOR SEVERABILITY,ORDINANCES IN
CONFLICT,AND AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
Whenthis ordinance was enacted in 1950,theCitydidnothaveanyart or craftfestivals
or other events ofthis nature.
Since that timethecityhasbecomewell known forthe street festivalswhich entertain tens
ofthousands of people eachyear.
Section 15-6 prohibitsactivitieswhichwere conducted backthenbyquestionable persons
butnowarecommonplaceandoftenCitysponsored.Repealingtheexistinglanguageand
adopting the new verbage would correct an obsolete ordinance.
RECOMMENDATION
Your approval is recommended.
CS/GF/sh
MIAMI DAILY BUSINESS REVIEW
Published Daily exceptSaturday,Sunday and
Legal Holidays
Miami,Miami-Dade County,Florida.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
Octelma V.Ferbeyre,who on oath says that she is the
Supervisor,Legal Notices of the MiamiDaily Business
Review f/k/a Miami Review,adaily(exceptSaturday,Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-
DadeCounty,Florida;that the attached copy of advertise
ment,being aLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARINGS 4/10/01
ORD.CREATION OF SECTION
15-59,ETC.
in the
was published in said newspaper in the issues of
Mar 30,2001
..XXXXXXX Court,
Affiantfurther says thatthesaidMiamiDaily Business
Review isa newspaper published atMiamiinsaidMiami-
DadeCounty,Florida,andthatthe said newspaper has
heretoforebeen continuously published insaid Miami-Dade
County,Florida,eachday(exceptSaturday,Sunday and
LegalHolidays)and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade
County,Florida,for a period ofoneyearnextprecedingthe
firstpublicationofthe attached copy of advertisement;and
affiantfurther says thatshehasneitherpaidnor promised
any person,firm'pr corporatipo-«nv discount,rebate,com
missionor refuptj for theoMrpose ofaecuring thisadvertise
mentfor pubjicatjpr}injfl^said new/paper.
OBFieiAL NOTARY SEAL "
\_.,w „,.|4ANETTLLE8ENAOctelmaV.Ferbeyre W3Wg(y|fW^{SP^ATEOFFLORIDA
COMMISSIONNO.CC 912958
IMYCOMMISSION fxp.njNE 23.2004
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of
South Miami,Florida will conduct a Public Hearing during its regular City
Commission meeting Tuesday,April 10.2001 beginning at 7:30 p.m.,in
theCityCommission Chambers,6130 Sunset Drive,toconsiderthe fol
lowing described ordinance(s):
ANORDINANCEOFTHEMAYORANDCITY COMMISSION OF
THECITYOF SOUTH MIAMI,FLORIDA,RELATING TO THE
CREATION OF SECTION 15-59,TAMPERING WITH AN ESCALA
TOR,MOVING SIDEWALK OR ELEVATOR;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT ANDAN EFFEC-
VTIVE DATE.(1 st Reading -March 6,2001)^
/AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
f THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE
I AMENDING OF SECTION 15-6,CARNIVALS,SIDE SHOWS
I STREET SHOWS,ETC..PROHIBITED WITHIN CITY LIMITS;OF
I THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI-
I PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT
1 AND AN EFFECTIVE DATE.(1 st Reading -March 20,2001)
ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOF
THECITYOFSOUTH MIAMI,FLORIDA,RELATINGTOIMPROVE
MENTSTOMURRAYPARK,AMENDINGORDINANCENUMBER
1-01-1732,AUTHORIZING THE NEGOTIATIONS OFALOANIN
ANAGGREGATE AMOUNT NOTTOEXCEED$2,500,000 FROM
THEFLORIDA MUNICIPAL LOAN COUNCIL;APPROVINGTHE
EXECUTIONANDDELIVERYOFALOAN AGREEMENT WITH
THE FLORIDA MUNICIPAL LOAN COUNCIL;APPROVINGTHE
EXECUTIONANDDELIVERYOFABONDPURCHASEAGREE
MENT;APPROVINGTHEEXECUTIONANDDELIVERYOFADIS
CLOSUREAGREEMENT;PROVIDINGCERTAINOTHERMAT
TERS IN CONNECTION WITH THE MAKING OF SUCH LOAN;
AND PROVIDING AN EFFECTIVE DATE.(1st Reading -March 20,
2001)
Said ordinances can be inspected in the City Clerk's Office,Monday -
Fridayduringregularoffice hours.
Inquiries concerning these items should b9 directed tothe City Manag
er's office at:663-6338.
ALL interested partiesareinvitedto attend andwillbeheard.
Rbnetta Taylor,CMC
CityClerk
Cityof South Miami
Pursuant to Florida Statutes 286.0105,the City hereby advises thepub
lic that ifa person decides to appeal any decision madeby this Board,
AgencyorCommissionwithrespecttoanymatterconsideredatitsmeet
ing orhearing,heorshe will needa record ofthe proceedings,andthat for
suchpurpose,affectedpersonmayneedtoensurethataverbatimrecord
ofthe proceedings is made which record includes the testimony and evi
dence uponwhichtheappealistobe based.
3/30 ...01-3-18/14868M