Ord. No. 10-87-1282ORDINANCE NO.10-87-1282
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AMENDING SECTION
15-83 OF THE CODE OF ORDINANCES OF THE CITY BY
PROVIDING FOR BUSINESS ESTABLISHMENTS TO PLAY LIVE
OUTDOOR MUSIC DURING HOURS OF NORMAL BUSINESS
OPERATION;PROVIDING FOR SEVERABILITY,PROVIDING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH BE REPEALED,AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,pursuant to Resolution No.21-87-7014,a trial
period allowing establishments to play live outdoor music during
hours of operation provided certain conditions and requirements
were observed has occurred;and
WHEREAS,the Mayor and City Commission,having
monitored this situation since March 4,1987,believe that an
amendment to Section 15-83 of the Code of Ordinances can be made
provided specified safeguards and conditions uphold the public
health,safety and welfare.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 15-83 ofthe City's Code of
Ordinances is hereby amended as follows:
Sec.15-83.Same-Hours of operation of juke
boxes,radios,etc.
It shall be unlawful for any person owning,
occupying or having charge of any business
establishment,or any part thereof,in the
city to cause or suffer to cause the playing
or operating of music boxes,juke boxes,
radios,musical instruments orany other
musical devices onor about the premises
between the hours of 11:00 p.m.and 7:00 a.m.
the following day,unless such music boxes,
juke boxes,radios,musical instruments and
other devices are played or operated ina
closed building and the sound is not audible
from outside the building soasto disturb
thequiet,comfort or repose of persons in
any dwelling,hotelor other typeof
residence.Upon a second conviction of
violationofthis section,thepresiding
judge may,at his discretion,revoke and
terminate any license issued under this Code
to the licensee.
Notwithstanding the above,business estab
lishments providing live music performances
inanyC-2,C-2R,C-3orIzoneoftheCity
may extend the hours above until the normal
close ofthe particular business upon the
establishment providing a complete set of
plans and specifications regarding the music
devices and facilities intended to be
utilized for the review of the Director of
the Department of Building,Zoning and
Community Development.The Director shall
then make recommendations for final City
Commission action on the application.Such
plans must provide that the maximum decibel
level of music provided shall not exceed the
permitted range established by O.S.H.A.
Additionally,no more than a three (3)piece
live band be utilized.
In no event may the establishment utilize
Citystreets,sidewalksorother
right-of-ways for these purposes,and itis
further provided that should the music
produced violate Section 15-82 of the Code of
Ordinances,the business establishment shall
permanently cease providing live music per
formances.
Section 2.That ifanyword,section or portion of
this ordinance is held invalid bya court of competent
jurisdiction,such invalidity shallnot affect the remaining
words,sections or portions of this ordinance.
Section 3.Thatall ordinances or parts of ordinances
in conflict herewithbeandthesamearehereby repealed.
Section 4:Effective Date.This ordinance shall be
effective immediately upon passage.
PASSED AND ADOPTED this 18th daY of August '1987.
1LMU
SAD AND APPROVED AS TO FORM:
11
CITY"ATTORNEY
PASSEDON1ST READING:8/4/87
PASSEDON2NDREADING:8/19/87
APPROVED:
Additionsshownby underlinings
Deletions shown by
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