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Ordinance No. ____ _
An Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans, or
internal combustion engines~, re-titling the ordinance, increasing its scope, defining
rffenses and establishinli penalties.
Ib
WHEREAS, City residents are entitled to peace and quiet at night and on the weekends and
holidays; and
WHEREAS, the use of loud, mechanized yard maintenance equipment has the potential to
interrupt sleep and enjoyment of one's yard, and
WHEREAS, residents who work may have no other time except weekends to take care of their
yards; and
WHEREAS, certain commercial grade equipment is often larger and louder than consumer grade
equipment, even when the engines are properly muffled; and
WHEREAS, mechanized leaf blowers have beenshown to cause respiratory problems by blowing
dust and mold particles into the air, and
WHEREAS, mechanized leaf blowers make particularly annoying and penetrating sounds; and
WHEREAS, no economic harm to lawn services has been demonstrated in communities where
leaf blowers have been banned outright.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami's Code of Ordinances, Chapter 15, Article m, Section
15-93 shall be amended and shall read as follows:
Sec. 15-93. -Noise-creating hl_eps, !'ewel' faus, 61' iutel'ual eemhustieu eugiues tools,
machinery and equipment.
~a) It shall ee tIBla'llfiiiteelleffite, 8f 6!H1Se t8 ee 8fleFated, ftay iuterfla! 6embastibfe engine Sti~
,1 ' .L· un . '-~, <'n A
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" ". nl ,A .1.. nk , .. k +k
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the day 9f, uig!!!:j --" .. ---
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B. C9IIHIlati'le eeried ef) mimHes fief haur 6~
~: ~c.;::::4:::t:!!:=:;l:;~(!rhelff ... ·7~
le'lel measlffedimmediatelyaftertile a€fendiag neise has seased shall ae sensidered tild
~=!k:!::ve~i:=~!rrers:::!===::=:w!~
bush seundis detested. and 9!lflrelBmate/Y me ($) feet aBe'fe greund. In tile ease ef an
". "
fhlfRtIt is unlawful to operate. or cause to be operated, any ili>were(l yard maintenance equipment
including lawn mowers, lawn edgers. weed trimmers. leaf blowers, chain saws, chippers. stump
grinders. pressure washers, compressors. out-of-doors except as provided below:
(I) Commercial· operations are only permitted on weekdays from 8:00 a.m. until 6:00 p.m. and
on Saturdays after 9 am and until 2 pm. No operations are permitted at any time on Sundays
and any legal holidays.
(2) Non-commercial operations are only permitted on weekdays from 8:00 a.m. until 30 minutes
after sunset and on Saturdays, Sundays and any legal holiday from 9:00 a.m. until 30 minutes
after sunset.
" ".
mail. SF aD email Sf similar 6sR1HH:IBieatieB vAl8se leesiet eM ae' yeFifiea BTl 8:B: ftBBfflBriate Cit\~
=;::!:: l~t=:t!= :~,!::r;= =:adii!=Ii:::i!: :effi;i:~~
=t;:e~~iE~:;?aS!Er=;E:5=
llie. prepertv en whish the ef'fenseis aeiag generated te ha'le sush fJrefler. YWid,vffittea
~:::==::::::::t:=':=~~~r;;;::I:ia;=:= ~1~~
Seflarate ef'fenseeftilis erEiiaanse;
f4¥Il Equipment used under an emergency condition is exempt from this ordinance. if the Cily
Manager determines that an emergency refluired the use of the equipment.
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f&i!ib) It shall be unlawful. to use, or cause to be operated, any equipment that in any way
causes aust or o!he~ particulate matter, to blow or drift into an inhabited structure or more than
five (5) feet onto or over another residential property.
~c)It shall be the responsibility of the owner or occupant, as well as their agent, who hires
another person to perform any work on their property to insure that the person hired, including
that person's employees and subcontractors, does not violate this ordinance.
~(d)The term "cause to be operated", as used in this ordinance, shall include the act of hiring
someone who violates this ordinance, whether the hiring is done by the owner, occupier or by
their agent. The occupier of the property shall be deemed the agent of the owner for the
purposes of this ordinance.
~-I . lfI(e)The City Manager or the manager's designee, or any City Code Enforcement Officer,
shall issue a written warning to the person or persons who have violated this ordinance,
includine: the ooerator and the hirer of the ooerator liS well~ the owner of the orooerty ifhe or
she is different from the oerson who oersonallv hired the ooerator of the eauioment. !However
notwithstruldinl! the fact that one "ofillore of the violators mav not have received' a written
~arnine:, nothing contained herein shall orevent the orosecution of the violators who have
received a written warninl!. The written warning may be served bv hand deliverY. bv certified!
return "receiot mail or anv other method that nrovides evidence of deliverv 1 The word
.~---. -""--... ---
"operator", as used m thiS ordmance, shall mean the owner of the entity or the sole propfletor of
the business that is hired and that conducted the offense. The employee of the operator is
exempt from the penalties of this section unless the employee is also the owner of or has any
financial interest in the business.
~(f)All persons who continue to violate this ordinance after receiving a written warning shall
be punished by the imposition, on each violator, of a fine in the amount of $250 for the first
offense and $500 for each succeeding offense. A succeeding offence include any activity that
violates this ordinance in any way, whether it is the same type of offence or a different offences
in violation of this ordinance.
Section 2, Codification. The provisions of this ordinance shall become and be made part of the
Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity ofthe remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent
of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in
conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
that needs to be repealed to harmonize the two ordinances shall be repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of ,2015.
ATTEST: APPROVED:
CITY CLERK MAYOR
I" Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Edmond:
Commissioner Harris:
Commissioner Welsh:
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