12/:1..
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending Section 15-63 and creating Section 15-
4 63.1 of the City of South Miami's Code of Ordinances to permit
5 sales of home-grown produce on private property.
6
7 WHEREAS, many city residents grow produce and plants in their yards beyond what
8 they can consume themselves; and
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10 WHEREAS, South Miami has an old tradition of neighborhood produce sales; and
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12 WHEREAS, some residents have sought to supplement their limited incomes by selling
13 small quantities of produce and ornamental plants produced on their properties; and
14
15 WHEREAS, sales of produce and plants from stands on private property is currently
16 prohibited by the City; and.
17
18 WHEREAS, the State of Florida recently enacted Chapter 500.80 "Cottage food
19 operations", allowing licensing exemption of small-scale retail operations selling less than
20 $15,000 in home-produced foods annually, subject to certain conditions.
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22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. Section 15-63.1 of the City of South Miami's Code of Ordinances shall be
26 created to read as follows:
27 Section 15-63.1 Homegrown Produce Stands
28 (a) Homegrown Produce Stands are permitted on private property in residential zones (RS, RT,
29 and RM) subject to the following regulations:
30 1. Product sales at a Homegrown Produce Stand are limited to produce, plants, and
31 honey grown or produced on the subject property.
32 2. No cooking shall be done at or near the Homegrown Produce Stand, nor shall cooked
33 products be sold at a Homegrown Produce Stand.
34 3. A Homegrown Produce Stand shall not exceed 10 feet in height, width, or depth, shall
35 not include more than 12 linear feet of display shelving, and no more than one such
36 stand shall be in use on a property.
37 4. All parts of the Homegrown Produce Stand must be situated on private property owned
38 by the operator of the Stand and shall not extend onto a public sidewalk, easement,
39 or the right-of-way.
40 5. Parking for two cars shall be available either on-street, on the swale in front of the
41 property where the stand is located, or provided in an off-street parking facility
42 accessed by an approved driveway as permitted.
43 6. No customer seating is permitted.
44 7. Homegrown Produce Stands must be temporary. and must be dismantled and removed
45 from public view during non-operating hours.
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8. One sign advertising the Homegrown Produce Stand or its products shall conform to
City standards for a "Garage Sale Sign" (2 square feet as per LDC section 20-4.3),
and shall be visible from the street only when the stand is operational.
9. Operating hours for a Homegrown Produce Stand are limited to daylight hours
weekdays and Saturdays.
10. The sales operation shall comply with all aspects of Florida Statutes Chapter 500.80
Cottage food operations, including, the annual limit on gross sales, labeling
requirements, etc. and shall also comply with any applicable health related laws and
requirements of the State and the County Health unit as well as the City Code of
Ordinances.
11. The operator shall allow city staff to inspect the entire site to assure that the operator
is complying with provisions of the ordinance.
12. Only persons residing at the subject property may own, operate, service, or work at a
Homegrown Produce Stand.
13. No business license shall be required to own and operate a Homegrown Produce
Stand which maintains compliance with this ordinance, nor shall a compliant
Homegrown Produce Stand be considered a "home occupation" or require a "home
occupational license" .
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 of the 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 iii 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.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
Passed and adopted this __ th_day of _______ , 2015.
ATTEST: APPROVED:
CITY CLERK MAYOR
Page 2 of3
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7 READ AND APPROVED AS TO FORM
8 LANGUAGE, LEGALITY AND
9 EXECUTION THEREOF
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13 CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
Page 3 of3
26SE 2015 SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
• CALENDAR, FROM laSE
MiamiHerald.com I MIAMI HERALD
NEIGHBORS CALENDAR
Pousette-Dart, George Segal, and
others. June 2812 p.m.-4 p.m.; June
30-July 2, July 410 a.m.-4 p.m.; July
512 p.m.-4 p.m. Included In admis-
sion UniVersity of Miami -Lowe Art
Museum 1301 Stanford Dr., Coral
Gables.
312 p.m.-6 p.m,; July 4 TIa.m.-5 p.m.;
July 512 p.m.-5 p.m. Included in
admission Coral Gables Museum 285
Aragon Ave .. Coral Gables.
NOTICE IS HEREBY giVI.lIl that the City Commission oflbe City of South Miami, F10rida will conduct
Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday JulY 7 2015 beginning
at 7:00 p.m., in the City COlluni~sioD Chambefli, 6130 SllJUlet Drive, to consider the following item(s):
any of the aforementioned locatIOns.
June 28-June 30 Free Boys and Girls
Club of Palm Beach County 800
Northpoint Pkwy .. West Palm Beach.
A Collector's Legacy: Highlights
from the Francien C. Ruwitch and
the Ruwilch Famify Collections
Francien "Fran" Ruwitch was knowil
for her energy, her panache, and her
love of art. She enjoyed a stellar
reputation as one of Miami's most
committed connoisseurs who, over
the course of seV€rai decades, built a
remarkable collection of contgmpo-
rary art. Though he did not share his
wife's consuming inter~t in art,
Fran's loving husband, Lee (one of
Miami'S most suwlssful media
pioneers). encouraged her to pursue
her interests with vigor. Equally
instrumental was Fran's good friend
and mentor, Martin Z. Margulies. who
built a world-class collection of his
own (now held at The Margulies
Collection at the Warehouse in
Miami's Wynwood Arts District) in
tandem with Fran's more domes-
tically-scaled holdings. The Francien
C. Ruwltch and the Ruwitch Family
Collections comprise a rich, in-
tergenerational assortment of art in
all media, including works by Olafur
Eliasson, Walker Evans, Peter Halley,
Dorothea Lange, Jonathan Lasker,
Helen Levitt, Manuel Neri, Tony
Oursler, Maurizio Pellegrin. Richard
Coral Gables Sistllr Cities: Partners
In Peace Presenred in the Perrin
International Reception Hall. Coral
Gables' "Sister Cities: Partner In
Peace" is an exhibition dedicated to
the sister cities movement launched
by President Dwight D. Eisenhower
in 1956 in honor of the beloved sister
cities: Aix-en-Provence, France;
Cartagena. Colombia; Granada.
Spain; La Antigua, Guatemala; and
Pavia. italy. VIsitors are invited to
learn about the history of thiS
international peace program and
uncover the connections between
Coral Gables and her sister cities.
Images and text tell the story of a
nation in a Cold War environment, in
which President Eisenhower used
extensive wartime expenence and
leadership abilities to rally the public
and reach out to citizens of other
nations, In an effort to promote
cultural understanding and world
peaC€. Each of the five sister cities is
represented through photographs,
objects, explanatory text, Videos,
books. maps, and other media. A
research library will be available For
those ~isitors interested in learning
more about a particular sister city.
June 2812 p.m.-5 p.m.; June 3D-July
Creating the Dream: George E.
Merrick and His Vision for Coral
Gables ThiS an exhibition about
Coral Gables' founder and devt!loper,
George Merrick. Learn how Merrick
went from thirteen-year·old farmer's
son to development king. ThiS
inspiring American story addresses
local history and urban devel·
opment. June 2812 p.m.-5 p.m.; June
3D-July 312 p.m,-6 p.m.; July 411
a.m.-5 p.m.; July S 12 p.m.-5 p.m.
Included in admission Coral Gables
Museum 285 Aragon Ave., Coral
Gables,
A Resolution amending resolution number 096-15~14435 and authorizing the City Manllger
to enter into a multi~year contnlet with Mansfield Oil Company of Gainesville, hIe. for the
purcllase and delivery of bulk fuel gasoline and diesel for the City's yehicle fleet and equipment.
(
An Ordinance amending Section 15-63 and creating Sa:tion 15-63.1 of the City of South)
Miami's Code of Ordinances to permit sales of home-grown prodoce on private property.
ALL interested parties arc invited to attend and will be heard.
NanCE ISALSO HEREBY given that the next regular meeting oflhe City Connnission of the
City of South Miami, Amilia ...nJl be held Tuesday, July 14, 2015 beginning at 7:00 p,m., in the
City Conmlission Chambers, 6130 Sunset Drive.
For furtber information, please contact the City Gerks Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Slalules 286.D105, the City hereby advises the public thaI ira perwn decides to appeal any decision
made by Ihis Board, Agency or Commission wilh respect 10 ruty matter considered at il~ meeting or hearing. he or she wi!!
need arecord of the pfOC\.'Cdings, and thm for such purpose, alTcctcd person may need to ensure that a verbatim record of
the proc~ings is made which record indudes the tc.<limony and evidence upon which the appeal is to be b3'cd.
Downtown Miami: The Ground
Beneath Our Feet (MOe) Museum of
Art + Design (MOA+D) in collab-
oration with Word t Image Lab
(WAIl) presents the new exhibition,
"Downtown Miami: The Ground
Beneath Our Feet," showcasrng a
one-of-a-kind artists book created
by 24 south Florida writers and
artists. June 28-July 5 Free
www.mdcmoad.org/Freedom Tower
600 Biscayne Blvd., Miami.
Free Eye Exams & Glasses to Eligible
Children The Florida Optometry Eye
Health Fund, in coordination with the
Miami Lighthouse for the Blind and
Visually Impaired, promotes access
• TURN TO CALENDAR, 32SE
CORAL GABLES SENIOR HIGH
CONGRATULATIONS CLASS OF 2015!
We are proud of all that you have accomplished and wish you luck as you pursue your dreams.
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93% of the graduating class will attend a two-or four-year college or university!
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