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Ord No 26-92-1521ORDINANCE NO.26-92-1521 ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHE CITYOFSOUTHMIAMI,FLORIDA AMENDING ORDINANCE 12-90-1451 TO PROVIDE FOR WRITTEN APPROVAL OF PRIVATE PROPERTY OWNERS FOR NEWSRACKS INSTALLED ON PRIVATE PROPERTY;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;ANDPROVIDINGANEFFECTIVE DATE. WHEREAS,on August 21,1990 by Ordinance 12-90-1451,the City of South Miami enacted an Ordinance regulating newsracks,to deal with,inter alia,questions regarding the design and installation of certain newsracks;and WHEREAS,the City Administration has determined that,in addition to newsracks located on public property,there exist numerous newsracks on private property which pose the same questions of public aesthetics and safety as the newsracks located onpublic property;and WHEREAS,the Mayor and City Commission wish to amend Ordinance 12-90-1451 to make provisions for newsracks installed' onprivate property; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1.Chapter 13 of the Code of Ordinances of the City of South Miami,Florida be,and the same is,hereby amended to add the words "and private property"following "public rights- of-way"intheheadinginSection 13-59. Section 2.Chapter 13 of the Code of Ordinances of the City of South Miami,Florida be,the same is,hereby amended to add the following as the last sentence in sub-section 13-62 (a): Each newsrack installation on private property shall be preceded by a written approval from the property owner. Section 3.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 no wayaffectthevalidityoftheremainingportionsofthis Ordinance. section 4 .All Ordinances or parts of Ordinances in conflict herewith be,and the same are,hereby repealed. Section 5.This Ordinance shall take effect Immediately at the time of its passage. PASSED AND ADOPTED this 3rcfch day of Noyembej:/1992. APPROVED: MAYOR CY ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY