Ord. No. 08-91-1473ORDINANCE NO.8-91-1473
AN ORDINANCE OP THE MAYOR AND CITY COMMISSIONER OF THE
CITY OP SOUTH MIAMI,FLORIDA,AMENDING CHAPTER 12OP
THE CODE OF ORDINANCES TO PROVIDE AN ADDITIONAL SECTION
12-15 PROHIBITING THE USE OP LEAF BLOWERS OR OTHER
SIMILAR DEVICES TO BLOW OR PLACE TRASH AND/OR REFUSE ON
PUBLIC RIGHTSOPWAYOR ADJACENT PROPERTY;PROVIDING
FOR FINES FOR VIOLATIONS THEREOF;PROVIDING FOR
ORDINANCES IN CONFLICT;SEVERABILITY;AND AN EFFECTIVE
DATE,
WHEREAS,by Section 12-4 of the Code of Ordinances of the
CityofSouth Miami,adoptedin1951andamendedthereafter,the
City Commission foundand determined that MThe continuous growth
andurbandevelopmentoftheCityrequiredthereasonableand
effectivecontrolandregulationofweeds,undergrowth andother
plant life to the extent and in such manner as to cause
infestation ...breeding of mosquitos and vermin orto
threaten or endanger the public health or adversely affect and
impair the economic welfare of adjacent property";and
WHEREAS,the Mayor and City Commission note the increased
misuse of "leaf blowers"and other similar devices in the
cleaning and maintenance of property to blow and place trash
and/or refuse on public rights of way and/or adjacent property;
and
WHEREAS,this misuse thus provides the undesirable
alternative of increased City maintenance or increased health
hazards;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Chapter 12 "Health and Sanitation"of the
Codeof Ordinances of City ofSouthMiamibe,and hereby is,
amended to add the following Section 12-15:
Sec.12-15.Leaf-blowers -use prohibited in placing
trash on public rights of way and/or adjacent
properties;fine for violation.
(a)The use of leaf-blowers and/or other similar
devicesforblowingorplacingtrash and/or refuseupon
publicrightsofwayand/orupon adjacent property is
hereby prohibited in the City of South Miami.
(b)Any person who shall use a leaf-blower or other
similar device in violation of the aforesaid subsection
shall be liable for a fine of$$25.00 for a first
violation;$50.00 for a second violation;$75.00 for a
third violation;$100.00 for fourth and successive
violations.
Section 2,.„If any section,clause,sentence or phrase of
this Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction,then said holding shall in n<
way affect the validity of the remaining portions of this
Ordinance.
•Secti0n 3-AU Ordinances or parts of Ordinances in
conflict herewith be,and the same are,hereby repealed.
5eCtlQn 4-This finance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this 19 th day of MARCH .r 1991.
APPROVED:
ATTEST:
CITY C
READANDAPPROVEDASTOFORM
CITY ATTORNEY