Ord No 16-92-1511ORDINANCE NO.ife-92-1511
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA,
AMENDING SECTION 15-63 OF THE CODE OF ORDINANCES OF
THE CITY OF SOUTH MIAMI,FLORIDA REGARDING STREET SALES
RESTRICTIONS BY CLARIFYING THE PROHIBITION AGAINST
SALES APPLIES TO OTHER PREMISES,SUCH AS THE EXTERIORS
OF STORES;PROVIDING FOR SEVERABILITY,ORDINANCES IN
CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,by Ordinance first passed in1954,theCityof
SouthMiami,Florida restricted streetsales,which restriction
isnow codified as Section 15-63,thefirsttwo sentences of
which state:
It shall be unlawful tosell,offer to sell or exhibit
for sale,anygoods,merchandise,fruits,nuts,
popcorn,ice cream or sandwiches from any parked
vehicleorstandsetuponanystreetorsidewalkinthe
city.It shall be unlawful to obstruct any part of
any public street or sidewalk of the city,by placing
or causing to be placed thereon any box,stand,
counter,shelving,debris,sign,merchandise,building
material or other obstruction.
WHEREAS,the Mayor and City Commission wish to clarify that
the aforesaid sales/offers/exhibits shouldbenotbepermittedon
other premises,suchasthe exteriors of stores;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The first sentence of Section 15-63 be,and
hereby is,amendedtoreadas follows:
It shall be unlawful to sell,offer to sell,or exhibit
for sale any goods or merchandise,including,but not
limited to,fruits,nuts,popcorn,icecreamor
sandwiches,from any parked vehicle or stand set upon
any street or sidewalk in the city,or from the
exteriorsofbuildingslicensed for sales,unless
otherwise provided in this Land Development Code.
Section 2.If any section,%clause,sentence or phrase of
thisOrdinanceisheldtobeinvalidor unconstitutional by any
court of competent jurisdiction,then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 3.AllOrdinancesorpartsofOrdinancesin
conflictherewithbe,andthesameare,hereby repealed.
Section 4.This Ordinance shall take effect immediately at
.
•
the time ofits passage.
PASSED AND ADOPTED this 1st /day of September ,199 2
APPROVED
MAYOR
ATTE
READ AND APPROVED AS TO FORM:
CITY ATTORNEY