131 Ordinance No. ____ _
2
3 An Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans, or
4 internal combustion enginesB, re-titling the ordinance, increasing its scope, defining
5 ~f!"lliisiSand establishine penalties.
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7 WHEREAS, City residents are entitled to peace and quiet at night and on the weekends and
8 holidays; and
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10 WHEREAS, the use of loud, mechanized yard maintenance equipment has the potential to
11 interrupt sleep and enjoyment of one's yard, and
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13 WHEREAS, residents who work may have no other time except weekends to take care of their
14 yards; and
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16 WHEREAS, certain commercial grade equipment is often larger and louder than consumer grade
17 equipment, even when the engines are properly muffled; and
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19 WHEREAS, mechanized leaf blowers have been shown to cause respiratory problems by blowing
20 dust and mold particles into the air, and
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22 WHEREAS, mechanized leaf blowers make particularly annoying and penetrating sounds; and
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24 WHEREAS, no economic harm to lawn services has been demonstrated in communities where
25 leaf blowers have been banned outright.
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27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
28 OF THE CITY OF SOUTH MIAMI, FLORIDA:
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30 Section 1. The City of South Miami's Code of Ordinances, Chapter 15, Article ill, Section
31 15-93 shall be amended and shall read as follows:
32
33 Sec. 15-93. -Noise-creating bl_eps, lI_eF fans, 6F intemal eombustion engines tools,
34 machinery and eguipment.
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~t is unlawful to operate. or cause to be operated. any liow:e!e~ 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.
" ".
Hi)) Equipment used under an emergency condition is exempt from this ordinance. if the City
Manager determines that an emergency required the use of the equipment.
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102
103 fSjJ) It shall be unlawful, to use. or cause to be operated. any equipment that in any way
104 causes Bustoroihe~ particulate matter. to blow or drift into an inhabited structure or ffiere than
105 five (5) feet onto or over another residential property.
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107 ~)It shall be the responsibilitv of the owner or occupant. as well as their agent. who bires
108 another person to perform any work on their property to insure that the person hired. including
109 that person's employees and subcontractors. does not violate this ordinance.
110
111 Wl'd)The term "cause to be operated". as used in this ordinance. shall include the act of hiring
112 someone who violates this ordinance. whether the hiring is done by the owner. occupier or by
113 their agent. The occupier of the property shall be deemed the agent of the owner for the
114 purposes of this ordinance.
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116 me)The City Manager or the manager's designee. or any City Code Enforcement Officer.
117 shall issue a written warning to the person or persons who have violated this ordinance.
118 including the operator and the hirer of the operator liS well asl the owner of the property ifheor
119 she is different from the Derson who Dersonallv hired the ooerator of the eauipment However 1
• "'" .m "",_., __ • ____ __ -,_ -_" 'j
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notwithstanding: the fact that one or more of the violators may not have received a writte~'
:Warning:. nothing: contained herein shall Drevent the Drosecution of the violators who hav(
received a written wa.rniflg:. The written warning: mav be served bv hand deliverv~ bv certified
eturn receiRt mail or any other method that Rrovides evidence of deliverv.l The word -----------
124 "operator". as used 10 thiS ordlOance. shall mean the owner of the entity or the sole proprietor of
125 the business that is hired and that conducted the offense. The employee of the operator is
126 exempt from the penalties of this section unless the employee is also the owner of or has any
127 flOancial interest in the business.
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129 iilf)All persons who continue to violate this ordinance after receiving a written warning shall
130 be punished by the imposition. on each violator. of a fine in the amount of $250 for the first
131 offense and $500 for each succeeding offense. A succeeding offence include any activity that
132 violates this ordinance in any way. whether it is the same type of offence or a different offences
133 in violation of this ordinance.
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136 Section 2. Codification. The provisions of this ordinance shall become and be made part ofthe
137 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
138 renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed to
139 "section" or other appropriate word.
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141 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
142 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
143 validity of the remaining portions of this ordinance.
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145 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
146 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent
147 of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in
148 conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
149 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
150 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
151 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
1st 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:
Page 4 of4
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
am;! 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
NOTICE OF PUBLIC HEARING 4/21/2015
in the XXXX Court,
was published in said newspaper in the issues of
04/10/2015
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 sald newspaper has
heretofore peen contin~ously 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 qffiant further says that he or
she' has neither paid nor promised any person, firm or corporation
any discount, r~bate, commission or refund for the purpose
of securing this advertisement for publlcatton In the said
news~?
Sworn to and subscribed before' me this
"~'~"
(SEAL)
MARIA MESA personally known to me
o. V. FERBEYRE·
NOlary PubOc -Stale 01 Florida
My Comm, Expires Ju19, 2018
Commission II FF 102821
COURTS
Vuitton v. Swap Shop case goes to trial
BY PAULA "'CMAHON
Sun Sentinel
"If you were playing p:>-"[Heno] is worth pmba·
ket; would you let someone bly close to tlm!e-quarters
see your hand while you're ota billion dollars:' Schafer
still p1aying?" Henn said. told U.s.-District Judge WiJ.·
flea markets and drive-in tionisnotsuffimnganyciam'
movie theaters in Lauder· age or brand confusion be-
hill, Lake worth and Thmpa. cause of a Jew such alleged
The Henns worklong hours sales, the defense argues.
at the SWap Shop, monitor Thedesigneritemsarele·
gallysold -new-onlyat
Louis Vuitton stores, the
company's online store and
some upscale department
stores.
Coming Monday to a
South Florida courttoom: A
battle lIJ)'!Il between hur:ury
brandLouis Vuittonand the
Swap Shop tIeo.marketover
designer knocltotrs.
Preston Henn might have
thought the .lil.shlon indust·
rywas donewithhimabout
a year ago when he settled
similar allegations byCoac:h
fur $5.5million -an amount
the eccentric: Swap Shop
owner caned ~pocket
change" at the time.
Reno could be playing a liam Zloch in court. "This
risky hand. If jurors side isn't some mom-and·pop
with louis Vuitton, Henn operation."
might have to pay da.mBges Henn wouldn:t put an es·
between $1.,000 and $2 mil· timate on his personal
lion for each proven trade-wealth.
the 88'acre propertyvia se· ~~~~~~;::::::~~~;iii;=1 curity cameras andpatrolit
by golf cart.
The lawsuit concerns
Louis Vuitton fakes sold
only at the Lauderhill prop-
erty, which bas more than
1,000 spaces for traders, al4-
screen drive-in, fuod court,
lUIlusementrides,paidpark-
ing and Henn's impressive
race car collection.
This time, Henn vaws he
will fight the expensive
French designer brand's
claims aga.!wt him, his wife
Betty and their iconic busi-
ness on Sunrise Boulevard
in Lauderhill.
Louis Vuitton is seeldng
millions of dollars inthefed.·
era! civil lawsuit, alleging
that the Henns contributed
to the counterfeiting ofils
trademark designs and
products by continuing to
lease space to flea market
tenants they knew, Dr
should have known, were
selling fake Louis Vuitton
items.
Henn, 84, told the Sun
Sentinel he xegrets settling
the Coach lawsuit in De·
cember 2013 after just two
days of testimony and said
he plans to fight the Louis
Vuitton case all the way,
though he won't reveal trial
strategy.
mark violation. ''They CAn say anything
Legal experts say each. they want to:' Henn said.
suitcase, handbag Dr w:tllet "My wife and I work seven
could count for several via-days a week and it's almost
lations. The design on the 'JAil."
leather or .lil.bric, the label, If Louis Vuitton wins,
theclaspandotherpartscan Scharer told the trial judge
each count as a separate he will seekhefty damages,
breach and the pen.elties can partly because Henn char-
swifI:1y add up. acteri%edhis $S,smi1lion set·
LouIs Vuitton has not tlement with Coach as
specified how many passi· ''pocket change" inaninter·
ble trademark violations it view with the Sun Sentinel.
alleges took place in the ''It's going to take a heck
fOUl'year period covered by of a lot more than that to de-
the lawsuit. The luxury ter Mr. Renn," Schafer said.
brand sells luggage, hand-Schafer 3l1;Ul!S that Heno
bags, wallets, clothing and and his wife deliberately
other items for hundreds turned a blind eye to the sale
and thousands of dollars offakedesignergoodsatthe
apiece. flea market. Their motive,
The case will be dosely Schafer says, was to make
watched by other fashion more money.
and. luxury brands because Several law enfu:n::ement
it is so unusual for these raids, many arrests and Ie-
kinds ofcontributorytmde-peated notifications from
mark lawsuits to make it to Louis 1ruitton and other de-
trial. Defendants usually signer brands mean the
settle because the stakes are Henns ha:ve \0IIg been aware
so bigh,legal experts said. their flea market is well
Louis Vuitton's lead trial !mown as "the place to go if
lawyer Harry Schafer said one is looking to purchase
he plans to make HeIllts sig· COUIlterfeit items:' accoxding
nificant personal wealth a to the Louis Vuittonlawsuit.
feature of the trial. Heno's empire includes
FRED GRIMM I IN MY OPINION
Louis Vuitton estimated
in court records that the
Lauderhill property alone
"is a multimillion dollar
is worth an
Scott could take reform lessons from Georgia
• GR.IMM, FR.OM 18 Hewas outraged by what he
found. ''If one of your ldds
ed prison education pro-were kept in such circum·
grams. The famously con-stances, you'd be up there
servative governor has with rifles," Ki.rk SlIid.
pushed through programs Scott ought to try an un·
aimed at reducing the nurn-announced visit to a Florida
ber of juveniles and adult prison.Hemighthaveasim·
."" .. "' .. l .. .,"' ...... ,,,.,,ffA ... " .. ""----_ih."-, ..... ..JAtinn. _
CITY OF SOUTH MIAMI
COURT.ESY NOTICE
accountability.
IfScotthad asudden urge
to demonsttate leadership,
he could convince state rep.
resentatives to support
amendments that would
NonCE IS UERt:BY given tllllt Ille City Commission of the Cil}' of South Miami. Florida will conduct l'uhlic Healing(sl at it~
regular City Cru:nmiision IT!eeting schedul.ed f,ar nit"'"" Andlll 11115 beginnln& nt1:00 I~m .. illlh. CityC:onunission ChlUllhcrlj.
6130 SIIQSCI Dove, 10 oons"k:r!h~ fullowmg,fcrn(s);
A R!l.oolution aullwrizing tho City M.l1/Ig~'T I~ CflI<'Tinlll a ,me ~car ,'(mttat1 c~t"llSioa with Alfiu EI~'<tmOj~5.
A RIl,101Ulion amonding t.heCityofSoutb Mi.mj·Pny Plan.
An Orclina= ~cudi!l,!lA\iicle n, Scclion5·7-S-11 Orlne Cit)'ofSlJlllh Ml'\ll1i'~ CodeofOrdirulllc.sand loenae! Settlon
5-1 I to regulate dogs nnd 10 require thl: remaval of dog wasle, defining the often!c;md <!S1.bli>lring pCn.1I~c$.
(
. Atl.0dinlUlcc lI!l'""di"j:: SeeMn .15-93. lili"" "Noise""'reIIlmg hlllllcrs, !l'lW .. f.n~. or inli.'mJIi tmIlhulti'm cogi/lCY"')
re·lliling Ire Oldll!'''''''', lutfl'asing)(. 'C<1pe, d~finmg ofl'eru;.~ nnd e~tabll;l)..ng pl'!lal:ieo;.
An Ordinanre amending So-ctiou 204.2 "fthe City"fSoutn Miami's Lamll:levclopnlmtCotle 10 add. dorify andIormodify
criteria for the City'iJ 3pprQl.'il1 of~ \\'!I1vor of pial, and f1rappro\'ill of all platl arre-plan r"'luiring !Ijlprowl by Miami.D3de
County ami adding <1efinilioR~ for ntJdwaj'li in SoClion 20·2..3.
ALL inKorested parti~s arc inYitedt(J iltfl:ml anclwill 00 hcar~.
r-C1r furllter information, please conlact the City Clerk's Ollice al: ](i5-663-6340.
Maria M. Mem:mk:J', (NC
Citya~'tk
I'urw3nI [0 I-1<'T,da S~tc., 286.f)JU5. 'ho eny h<-Teby advl,ollllo pl'blio thAI ih r=ml de"dos In "£lIIoal MY dod,i"" made Ir; ~,;. n~.m.Ag ... cy
'" CommL,';on with "'-"Poet'~ any n"'I<c,c"",;<kn:d" it<m."~ng ~r hearinB' he: or .ho will ~.c:d. =0,<1 Mlbo prncet!di"G~. and tl'M fur ""eh P"'P""", "U't'"le<!p""",u "'-"y " ... d '" ~u>ure ,ha' " , .. ,ba,i", RC'olnl of the pru<:!!eiliogsismod. "iIi,*, ",cord in<luJ., the te>~mOl1Y ""dooi<ienc.
"pon "i,ir.h the "I'peaj i, ",!;e ha.<ed.
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