101 ORDINANCE NO. _____ _
2
3 An Ordinance amending Chapter 2, Article I, Sec. 2-2.1 (K), titled "Decorum" of
4 the City of South Miami's Code of Ordinances.
5
6 Whereas, it takes a substantial commitment of time and hard work to be a good
7 commission member; and
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9 Whereas, the board and commission process conducted in an orderly manner is essential
1 0 to the successful function of a City government; and
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12 Whereas, the rights of citizens to be heard are preserved through time-limited and
13 orderly speech in meetings of the City Commission and Boards during public remarks and certain
14 hearings and workshops; and
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16 Whereas, the rights of citizens to observe public and monitor meetings of the City
1 7 Commission is assured via electronic means; and
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19 Whereas, disorderly and disruptive conduct at public meetings interferes with the
20 successful function of City government.
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22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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25 Section 1. Chapter 2, Article I, Section 2-2.1 subsection (1) and (K) of the City code are
26 amended as follows:
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28 (1) MANNER OF ADDRESSING COMMISSION; TIME LIMIT. No person shall
29 address the commission from the audience. Each person addressing the commission shall
30 step up to the podium microphone, shall give his or her name and address in an audible
31 tone of voice for the public record, and unless further time is granted by the commission,
32 shall limit his or her address to five (5) minutes or until statements appear to be repetitive
33 or obstructive as determined by the presiding officer. All remarks shall be addressed to
34 the commission as a body and not to any member. No person, other than the person
35 having the floor, shall be permitted to enter into any discussion, either directly or through
36 a member of the commission, without the permission of the presiding officer. No
37 question shall be asked a commissioner except through the presiding officer.
38
39 (K) DECORUM.
40 (1) By commission members. While the commission is in session, the members must
41 preserve order and decorum, and a member shall neither by conversation or otherwise
42 delay or interrupt the proceedings or the peace of the commission nor disturb any
43 member while speaking or refuse to obey the orders of the commission or its presiding
44 officer, except as otherwise provided. Commissioner members shall turn off all
45 communication devices other than those used to view commission agenda items and
46 those devices shall have their external communication either disconnected or deactivated
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during the time between the start of a commission meeting and the time that such meeting
is adjourned for the day. Members may not make any electronic communication or take
pictures from the dais and members must exit the Chamber to answer incoming mobile
phone calls.
(2) By persons. Any person who makes making slanderous or intentionally rude,
uncivil or otherwise personal impertinent remarks, or slanderous remarks and who
refuses or fails to desist from making such remarks after being instructed to do so, or who
shall become unreasonably boisterous while addressing the commission and who refuses
or fails to desist from such conduct after being instructed to do so shall be forthwith
barred from further audience before the council removed from the podium and if such
conduct persists, the person shall be removed from City Hall for the duration of that
meeting at the direction of:By the presiding officer, unless permission to continue be
granted overruled by a majority vote of the commission. No clapping, applauding,
heckling, or verbal outbursts shall be permitted for any reason, including for the purpose
of supporting or opposing any matter, any speaker or a speaker's remarks. No signs or
placards shall be allowed to be displayed in any manner other than when used from the
podium to express an opinion or display facts. Signs to be used at the podil;lm must be
brought into the commission chambers in a manner so as not to unnecessarily display
their content until the sign is brought to the podium immediately before the sign is
displayed from the podium in the Commission Chamber. Persons exiting the Commission
Chamber shall do so quietly. The use of a mobile communication device, such as phones,
in the Commission Chamber is not permitted while the Commission is in session. Phone
by the public during any portion of the meeting except during recognition and award
ceremomes.
29 Section 2: Codification. The provisions of this ordinance shall become and be made
30 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
31 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
32 "ordinance" may be changed to "section" or other appropriate word.
33
34 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
35 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
36 shall not affect the validity of the remaining portions of this ordinance.
37
38 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section
39 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
40 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
41 appearance of being in conflict when the two ordinances can be harmonized or when only a
42 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
43 ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
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1 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
2 harmonize the two ordinances shall be repealed.
3
4 Section 5. Effective Date. This ordinance shall become effective upon enactment.
5
6 PASSED AND ENACTED this __ day of ,2014.
7
8 ATTEST: APPROVED:
9
10
11
12 CITY CLERK MAYOR
13 1 st Reading
14 2nd Reading
15
16 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
17 LANGUAGE, LEGALITY AND Mayor Stoddard:
18 EXECUTION THEREOF Vice Mayor Harris:
19 Commissioner Welsh:
20 Commissioner Liebman:
21 Commissioner Edmond:
22 CITY ATTORNEY
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MIAMI HERALD MiamiHerald.com SE __ .. _ ... __ . ___ ..
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida
will conduct Public Hearing(s) at its regular City Commission mecting scheduled for
Tuesday October 21 2014 beginning at 7:00 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
An Ordinance of the City of South Miami, Florida, authorizing a Franchise Agreement
with Miami-Dade County to provide County Solid Waste Management Services.
(
An Ordinance amending Chapter 2, Article J, Sec. 2-2.1 (K), titled "Decorum" of the\
City of South Miami's Code of Ordinances. )
An Ordinance amending 20-6.I(A)(3)(a) (i), (ii) and (iii) of the land development
code to reduce the number of votes required to pass, on first reading, ordinances and
resolutions that require two readings.
ALL intcrc:::tcd parties arc invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305~663~6340.
Maria M. Menendez, CMC
City Clerk
PurslIant 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
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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 flk/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
PUBLIC HEARING -OCTOBER 21, 2014
in the XXXX Court,
was published in said newspaper in the issues of
10/10/2014
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 aid nor rom· erson, firm or corporation
an unt, reba , om . ·on or ref d for the purpose
securing this (ivertisement fo ublic ion in the said
newspaper.
(SEAL)
MARIA MESA personally known to me
o. V. FERBEYRE
Notary Public -State of Florida
My Comm. Expires Jul 9, 2018
Commission (I FF 102821