Ord. No. 08-00-1710ORDINANCE NO.8-00-1710
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITYOFSOUTHMIAMI,FLORIDARELATINGTO THE DELETION
OF SECTION 15-1,AIRCRAFT-MINIMUM ALTITUDE;SECTION 15-
2,SAME-STUNT OR ACROBATIC FLYING,AND SECTION 15-3,
SAME-TRAINING FLIGHTS;OFTHECODEOF ORDINANCES OF
THECITYOF SOUTH MIAMI;PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,Sections 15-1 through 15-3 of the City Code of Ordinances regulates
aircraft flying over and taking offor landing within the City;and,
WHEREAS,all ofthese actions are governed as strictly or more strictly under the
Federal Aviation Administration's Federal Air Regulations part 91;and
WHEREAS,the City Commission has expressed their desire to have theCity's
Code of Ordinances brought uptodateby deleting obsolete material;and
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA:
Section 1.Section 15-1 through 15-3 of the Code of Ordinances of the City of
SouthMiami currently readsasfollows:
Section 15-1 Aircraft-Minimum altitude.
It shall be unlawful for any person to fly or cause tobe flown any airplane or
otherheavier-than-airaircraftorlighter-than-airaircraftatanaltitude of lessthanone
thousand (1,000)feet over the city or within the jurisdictional boundaries of the city
except when in the process of taking offor when in the process of landing at airports
which are entirely within or partially within the jurisdictional boundaries of the City.
(Ord.297,4-20-54)
Section 15-2 Same-Stunt oracrobatic flying.
It shall be unlawful forany person engaged in flying an airplane orother
heavier-than-air aircraft or lighter-than-air aircraft over the city within its jurisdictional
boundaries to engage in any "stunt"or aerial acrobatics of any kind.(Ord.297,4-20-54)
Additions shown hv underlinitio and delations shown hv ovftrf-.trilfing
Section 15-3 Same-Training flights.
Itshallbe unlawful for any person toflyany airplane or other heavier-than-
air aircraft or lighter-than-air aircraft over thecityor within its jurisdictional boundaries,
exceptwhenintheprocess of taking off orwhenintheprocess of landingatairports
whicharepartiallyorwhollysituatedwithinthecitylimitsofthecity,whensuchairplane
oraircraftarebeingusedforthepurpose of trainingorgivingandreceivinglessonsinthe
use and the flying of such aircraft.(Ord.297,4-20-54)
Section 2.TheCity Commission herebyamends Section 15 to delete Sections
15-1 through 15-3.
Section 3.Ifanysection,clause,sentence,orphrase of thisordinanceisforany
reasonheldinvalidorunconstitutionalbyacourtofcompetentjurisdiction,theholding
shallnot affect thevalidity of the remaining portions of this ordinance.
Section 4.Allordinancesorpartsofordinancesinconflictwiththeprovisions
of this ordinance arerepealed.
Section 5.Thisordinanceshallbe effective immediately afterthe adoption
hereof.
PASSED AND ADOPTED this llthday of April 2000.
ATTEST:
1st Reading-March 21,2000
2nd Reading-April 11,2000
READ AND APPROVED AS TO FORM:
rlTY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Additions shown hv underlinino and deletions shown hv ovprstril.-ino.
4-0
Yea
Yea
Yea
Out of room
Yea
TO:
FROM:
CITY OF SOUTH MIAMI
POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
Mayor and City Commission
Charles Scurr
City Manager
Date:March 2,2000
Re:Agenda Item #
Comm.Mtg.April 11,2000
Ordinance deleting obsolete
codes.
&
REQUEST
Deletion of Sections 15-1 through 15-3 oftheCodeof Ordinances ofthe City ofSouth
Miami.
BACKGROUND AND ANALYSIS
The three cited sections deal with regulations for aircraft flying and landing in the City.
Enacted almost 50 years ago,these ordinances are obsolete andthe activities prohibited
aremorestrictlyregulatedbyFederalStatutes.
RECOMMENDATION
Your approval is recommended.
CS/FG/sh
MIAMI DAILY BUSINESS REVIEW
Published Dairy exceptSaturday,Sundayand
LegalHolidays
Miami,Miami-DadeCounty,Florida.
STATE OFFLORIDA
COUNTYOFMIAMI-DADE:
Beforethe undersigned authority personally appeared
Oetelma V.Ferbeyre,whoonoath says that she Is the
Supervisor,LegalNoticesoftheMiami Dally Business
Review t/WaMiamiReview,adaily(exceptSaturday,Sunday
andLegalHolidays)newspaper,publishedat Miami In Miami-
DadeCounty,Florida;thattheattachedcopyofadvertise
ment,beinga Legal Advertisement of Notice Inthematterof
CITY OF SOUTH MIAMI
PUBLIC HEARING 4/11/00
In die ????.3?.^c.^c.^.Court,
listed In perInthe issues of
Affiantfurther says thatthesaidMiamiDaily Business
Review Is anewspaper published atMiami In said Mlaml-
Dade County,Florida,andthatthesaid newspaper has
heretofore been continuously published In said Mlaml-Dade
County,Florida,eachday(exceptSaturday,Sundayand
LegalHolidays)andhasbeenenteredassecondclass mall
matter atthe post office In Miami In said Ml8ml-0ade
County,Florida,toraperiodofoneyearnextprecedingthe
first publication oftheattachedcopyofadvertisement;and
affiantfurther says that she hasj)sitr»r paid norpromised
any person,firmer corpoMttOnanyVllscounl,rebate,com
mission orrafond forthrafrpose ofjlecuring this advertise
ment for p^llcattadjw t>6 said newspaper.
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<VJ*Ht,/•FFICIAL NOTARY SEAL
0.1_>k JANETT LLERENAp^rsJpgfJn^rwntOjHls^ggj^,Hamm
CC56C004
MYCOMMISSION EXPIRES
JUNE 23.2000
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the Cify of
South Miami,Florida wiH conduct Public Hearirtgs during itsregular City
Commission meeting Tuesday.April 11.2000beginning at7:30p.m.in
the City Commission Chambers,6130 Sunset Drive,toconsider the loi-
Wwlf^'descHBedordinancetsj:',-..
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI.FLORIDA,RELATING TO COMMU
NITY RELATIONS BOARD.'AMENDING SECTION 2.26.6 OFTHE
CITY OF SOUTH MIAMI CODE OF ORDINANCES;ENTITLED
•COMMUNITY RELATIONS BOARD";CHANGING THE MEMBER-.
SHIP FROM 15TO 17MEMBERS;PROVIDING FOR SEVERABILI
TY.ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE.(1 St
Reading•3/7/00)
,AN-ORDINANCE-OF THE MAYOR AND.CITY-COMMISSION.OF
THE CITY OFSOUTH MIAMI,FLORIDA,RELATING TOPENSION
BOARD:AMENDING SECTION 16.20 (a)OFTHE CITY OFSOUTH
MIAMI CODE OFORDINANCES:ENTITLED "PENSION BOARD":
CHANGING THE MEMBERSHIP FROM FIVE TO SEVEN MEM
BERS'PROVIDING FOR SEVERABILITY.ORDINANCES tN CON-
FLICT AND AN EFFECTIVE DATE.(1st Reading -3/7/00)u.
AN OROtNANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO ABAN
DONED AND JUNKED VEHICLES;CREATING A NEW SECTION
1S35.1,ENTITLED 'NUISANCE DECLARED FOR ABANDONED
VEHICLES";PROHIBITING STORING.PARKING OR LEAVING
ABANDONED VEHICLES ON PRIVATE PROPERTY;PROVIDING
FOR DEFINITIONS.NOTICE.REMOVAL AND DISPOSITION OF
ABANDONEO VEHICLES;PROVIDING FORALTERNATIVE REM
EDIES AND IMMUNITY OF CODE ENFORCEMENT OFFICERS
FROM PROSECUTION FORTRESPASS AND OTHER ACTIONS;.
REPEALING SECTION 15.35.1.ENTITLED 'JUNK.WRECKED.
ABANDONED VEHICLES KEEPING ON PRIVATE PROPERTY •
PROHIBITED;REPEALING SECTION 15.35.2.ENTITLED "SAME -
REMOVAL;NOTICE",REPEALING SECTION 1S.35.3.ENTITLED
•ADOPTION OF STATUS RELATIVE TO ABANDONED,
WRECKED PROPERTY ADOPTED BY REFERENCE;"REPEAL
ING SECTION 15.35.4.ENTITLED "SAME •ENF.ORCEMENT EX
PENSES.CONSTITUTE UEN [ON]VEHICLE IN VIOLATION";AND
REPEALING SECTION 16.35.5.ENTITLED "CITY MANAGER RE
SPONSIBLE"FOR IMPLEMENTATION OF:SECTIONS 15.35.1
THROUGH 15.35.4*OF THE CITY OF SOUTH MIAMI CODEOF j
ORDINANCES,PROVIDING FOR SEVERABILiTY.ORDINANCES -\
IN CONFUCT,AND ^^0^^,P^'S^f^l*O^l^i ,
AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI.FLORIDA.RELATING TO PUBLIC
RECORDS RETENTION SCHEDULE;AMENDING SECTION 2-18
(ftOFTHE CITY OFSOUTH MIAMI CODE OFORDINANCES ENTI
TLED "PHOTOGRAPHING AND DESTRUCTION OF PUBLIC
RECORDS";ADOPTING THE STATE OF FLORIDA GENERAL
RECORDS SCHEDULE FORSTATE AND LOCAL GOVERNMENT
AGENCIES (SCHEDULE GS1);PROVIDING FOR SEVERABILITY.
ORDINANCES IN CONFUCT.AND AN EFFECTIVE DATE.(1st
Reading 3/7/00)
^AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF"
THE CITY OFSOUTH MIAMI;FLORIDA RELATING TOTHE DELE
TION OF SECTION 15-1.AlRCRAFT-MlNlMUM ALTITUDE:SEC
TION 15-3,SAME-STUNT OR ACROBATIC FLYING,AND SEC
TION 15-3.SAME-TRAINING FLIGHTS:OFTHECODEOF ORDI
NANCES OFTHECITY OF SOUTH MIAMI;PROVIDING FORSEV
ERABILITY.ORDINANCES IN CONFLICT,AND AN EFFECTIVE
DATE (1stReading-March 21.2000):;
AN ORDINANCE OF THE-MAYOR AND CITY COMMISSION OF
THECITY OF SOUTH MlAM';FLORIDA RELATING TO DELETING
SECTION -15W TRAINS OBSTRUCTING STREETS,MAXIMUM
TIME ALLOWABLE;PENALTY;PROVIDING FORSEVERABILITY
.ORDINANCES IN CONFLICT.AND AN EFFECTIVE DATE.(1st
Reading-March21;2000)
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI.FLORIDA,RELATING TO LOBBY
ISTS;AMENDING SECTION 8A-5.ENTITLED^LOBBYISTS;REG-
;,IstRAflON AND REPORTING,EXEMRTjpNS."t)F THE CITY OF
SOUTH ;MIAMI CODE;:REQUiRINGvREGiSTBATION AND DIS
CLOSURES;PROVIDING PENALTIES:REPEALING SECTION 8A-
6.ENTITLED "PENALTY FOR VIOLATION OF CHAPTER";PRO
VIDING FOR SEVERABILITY,ORDINANCES IN CONFUCT,AND
ANEFFECTIVE DATE,(1stReading-March21,2000)
<Said ordinance can beinspectedinthe City qeries ir^fice.M«»day-Fri
day during regular oflice hours.:-.'.:•'
'Inquiries concerning this item should bedirected tothe City Manager's
office at 663-6338.--••_,
ALL interested partiesare invited toattendand will be heard.
Ronetta-Taylor,CMC
•CityClerk
.:•CityofSouthMiami
Pursuant toFlorida Statutes286,0105,theCity hereby advisesthepub
lic that ifa person decides to appeal any decision made bythis Board.
Agency orCommission with respect toany matter considered at itsmeet
ing orhearing;heorshewill need a record olthe proceedings,and that for
such purpose,affected person may need toensure that a verbatim record
'olthe proceedings ismade which record includes the testimony and evi
denceupon which the appeal is to,r«based.;v...k:,.•v.•••f.-^-.;
3/30 '"-'•'-H :•'*'••r:-;ii :•^•'•^a.iSv'--.00-3-54/38242M j