71 ORDINANCE NO. ______ _
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3 An Ordinance amending Section 15-91 of the Code of Ordinance of the City
4 of South Miami is hereby amended in pertinent part to reference Sections 7-
5 15 and 7-16 concerning construction operations in place of specific
6 limitations on hours of operation.
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8 WHEREAS, sections 7-15 and 7-16 of the City of South Miami Code of Ordinances
9 already provides for limitations on days of the week and hours of the day when construction
10 operations are allowed; and
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12 WHEREAS, the Mayor and the City Commission desire to consolidate the limitation on
13 construction activities.
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15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
16 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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18 Section 1. Section 15 -91 of the Code of Ordinance of the City of South Miami is hereby
19 amended in pertinent part to read as follows:
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21 Sec. 15-91. -Pile-drivers, steam shovels, pneumatic hammers, etc.
22 It shall be unlawful for any person in conducting to conduct any building operations in
23 violation of section 7-15 and section 7-16 of the City of South Miami Code of
24 Ordinances. on Mondays Fridays between the hours of 6:00 p.m. and 7:00 a.m.,
25 Saturdays before 9:00 a.m. and after 5 :00 p.m., and all day on Sundays, to operate or use
26 any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other
27 apparatus, the use of which is attended by loud or unusual noise, except by \vritten
28 permission of the city manager, and then only in case of emergency.
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30 Section 2. Codification. The provisions of this ordinance shall become and be made
31 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
32 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
33 "ordinance" may be changed to "section" or other appropriate word.
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35 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
36 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
37 shall not affect the validity of the remaining portions of this ordinance.
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39 Section 4. Ordinances in Conflict. All ordinances or parts of ordinan<;:es and all
40 sections and pmis of sections of ordinances in direct conflict herewith are hereby repealed.
41 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
42 that give the appearance of being in conflict when the two ordinances can be harmonized or
43 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
44 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
45 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
46 to harmonize the two ordinances shall be repealed.
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1 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh: