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1 ORDINANCE NO. _______ _
2 An Ordinance amending Chapter 13A of the Code of Ordinances of the City
3 of South Miami, Florida, entitled "Balloon Regulations," providing for the
4 regulation of balloon usage and balloon releases in the City limits.
5 WHEREAS, there are two types of balloons in general use -latex and mylar ; and
6 WHEREAS, although latex balloons are considered bio-degradable, it takes anywhere
7 from 6 months to 4 years to decompose and they can wreak havoc before they do; and
8 WHEREAS, mylar balloons are far less friendly to the environment -they are made
9 from metalicized polyester , which is dirty in both production and disposal; and
10 WHEREAS, all released balloons , whether they are released intentionally or not, return
11 to E arth as litter and contribute to marine debris; and
12 WHEREAS, balloons return to the land and sea where they can be mistaken for food and
13 eaten by animals. The resulting debris from released balloons bears a strong resemblance to
14 jellyfish or squid , which all species of sea turtles have been documented to eat; and
15 WHEREAS, sea turtles, dolphins , whales , fish and birds have been reported with
16 balloons in their stomachs which can lead to stoppage of the gut and eventual starvation; and
17 WHEREAS, the ribbons and strings attached to balloons can lead to entanglement,
18 causing death ; and
19 WHEREAS, F lorida 's East Coast is home to some ofthe most densely utilized sea turtle
20 nesting beaches in the country and the City Commission wishes to protect them ; and
21 WHEREAS , the City Commission desires to adopt this ordinance to help prevent harm
22 caused by the release of lighter-than-air balloons .
23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
25 Section 1. Chapter 13A, shall be amended to include a new Section 13A-22 of the
26 City of South Miami Code of Ordinances which shall read as follows:
27 Sec. 13A-22. -Release of balloons prohibited.
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(a) It shall be unlawful for any person to violate the terms of this section:
(1)
(2)
Balloons inflated with lighter-than-air gases shall not be released
in the City limits.
Any balloons filled with gases that are lighter than air, such as
helium, shall, immediately after inflation, be tied securely to an
object heavier than the balloon (e.g., a fishing weight, heavy
washer. rock, stick, etc.) and a paper tag shall be attached to the
stringlribbon attached to the balloon that states: "Releasing this
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balloon will harm the environment! Sol1ando este globo al aire
dafiani la naturaleza. "
(3) Any event occurring in the City that distributes or sells light-than-
air balloons shall display a clearly legible (bold print that appears
equal to or greater than 20 point font) copy of this section of the
City Code of Ordinances in a prominent location where it can be
seen by all persons who receive such balloons.
(b) This section shall not apply to balloons released by a person on behalf of a
governmental agency, or institution of post-secondary education for
meteorological purposes.
12 Section 2. Codification. The provisions of this ordinance shall become and be made
13 part of the Land Development Code of the City of South Miami as amended.
14 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance
15 is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
16 holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines
17 adopted hereunder.
18 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
19 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
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Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of , 20
ATTEST: APPROVED:
CITY CLERK
1 sl Reading
2nd Reading
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
CITY ATTORc~EY
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SUNDAY JUNE 11 1016
MIAMIHERALD .CO M NEIGHBORS
~m~ (i(~ l~"'J .. ~ ~A" '1:()J(1~4'.p' '(>~.~
CITY OF SOUTH MIAMI
COURTESY NOTICE
I 33SE
NOTICE JS HEREBY given that the Ci ty Commission of the City of Sout h Miami , Florida will co nduct Public Hearin g(s) at its
re g ular City Commission meeting schcduled for Tucsday, .lunc 21 ,20 1 6, bcginning at 7:00 p .m., in thc City Commission Chambcrs ,
6 130 Sunset Drive, to consider thc following item (s):
A Resolution r elating to an app li eat ipn for waiver of plat for th e s ubdi vision of prope rt y located at 6050 SW 81 Street.
A Resolution app roving specia l exeeptill ns wa ivin g strict compliance with the lot cove rage, parking, height. and
setback p rov is ions of the Hometown District Overlay Ordi nan ce for a proposed add iti on located at 5875 Sunset Drive.
A Resolution approv in g an d a uth or izin g the C ity Ma nage r to execute a three (3) yea r (October 1, 20 1 5 -Septem b er
3D, 2D 18 ) agreement betwee n th e !vli ami -Dade County Police Be nevo lent Assoc iat ion Co ll ective Bargaining Union
("Lieu tenant s & Ca ptains ") and the Cit y of South M iam i.
A Reso luti on authorizing the C ity Manager to enter int o a thr ee-year ag reem en t with AT & T to rep lace existing
network co nn ections at Park s al1d Rcc rea ti on , Public Works a nd City Hall.
(
An Ordinance ame ndin g Ch ap ter l 3A, Sec ti on l3A-22 of the C it y of So uth Miami Co de of Ordinances. entitl ed )
"Ball oo n Rcgulations .·' providi ng fo r th c regulation of balloon usagc and balloon rele ases in the City limits.
An Ordinance amen di ng the Land Development Code , Art icle 111. "Zoning Regulat ion s," Section 20-3 .6. "Supplementa l
Regulation s," to amend and clar ify the height lim itat ions on fe n ces . wa ll s, h edges and simi lar features in res ide nti a l
zon in g distri cts.
An Ordinance amending Section 20-5.4, "Com pl ete appli ca ti ons req uir ed," Section 20-5.5 , "Applications requiring
puhlic hc ari ngs ." and Sec ti on 20 -5.6 , "Ap pli ca ti ons in genera l," of the South M iami La nd Devclopmcnt Code to
establ ish requ ir ements for a transportation impa ct ana lysis, and oth er cha nges in cludin g co rr ect ion of n ames , clarifying
noti ce requi re ment s , and es tab li shin g a uthority to defer all item.
ALL inter ested parties are in vit ed to atte nd and will be hea rd.
For furth er inform at ion, pleasc contac t the City Clerk \ Office at: 305-66 3-6 340 .
Maria M. Me nende z. CMe
City Clerk
Pursuant to Flpr ida Statutes 286.0105, th e City hereby advises th e public that if a perspn decides t p a pp eal a n ~,' de cisi()nmadc by this Board, Agen cy or
COIllJ11is,ion with respeel to a ny malter con siuereJ at il s meet in g or hearin g. he or she wiJlneeu a re co ru ofl he proceed in g,;, a nd th ai for slIch purpose .
affected pe rson may ne e d to cns lII'c thai a ve rbal im re cord of th e procee din gs is made whie h re co rd inc lud es th e tes limony and ev id ence upon which the
appeal is 10 be based.
MIAMI DAILY BUSINESS REVIEW
Publr sl1ed Da lly except Saturday , Sunday an d
Lega l Holidays
Miami , Mlaml-Oade County F lol icia
STATE OF FLOR IDA
CO UNTY OF MIAMI-DADE :
Before the unde rsig ned authOrity perso nall y appea red
OC TELM A V FERBEYRE , who ' on oalh says Ihal he o r she is
the V ICE PRES IDENT , Lega l Notices of the Mi ami Dart y
Busine ss Re view flk/a Miami Re view , a dai ly (except
Saturday , Sun day and Lega l Ho lidays ) newspaper
pub lished at Mia mi in Miam i-D ade Co unty , FlOrida . that the
attache d co py of advert isement. be ing a Lega l Advertisement
of Notice rn the matter of
NOT ICE OF PUB LI C HE A RING
CiTY OF SOU TH MIAM I-JUNE 21 , 2016
In the XXXX Court.
was pu blis hed In said newspaper In the issues o f
06/10/2016
Affian t fu rther says tha t the said Miam i Dart y BUSiness
ReView IS a newspaper published at Mi ami , In said
Miami-Dade County , Flond a and that th e said newspa per has
heretofore been con tin uou sly pub lished In sa id Mia mi -Dade
Counly FlOrida each da y (except Sa turd ay. Sunday and
Lega l Ho lidays ! and has been entered as second class ma ll
matte r at the post office In Miami In said Miam i -Dade County
FlOri da . for a perrod of one year nex t preced in g the fi rst
publication of Ih e attached copy of ad vertisement ; an d affiant
fu rther says that he or she has neither paid nor promised any
pe rson , fir m or corporation any discount , rebate , commission
or re fund for the purpose of se c uring th iS advertisement for
P"bh'''''O{~_--j,-,&:b~ ____ _
Sworn to and subscribed before me thiS 'l
0:U ?:D 2~l J, ~fV{, baL
(SEAl.)
OC TELMA V. FERBEYRE persona ll y known to me
caTV OF SOUTH MHAMD
NOTICE OIF PIlBBUC HEARBNG
NOTICE IS HEREBY given th at the City Commission of the City of Sout ti
Miami , Flo rid a will conduct Publi c Hearing(s) at it s regular City Com mi ss ion
meeting scheduled fo r Tu esday, Ju ne 21 , 2016, beginning at 7:00 p .m., in
the City Commission Chambers, 6 130 Sunset Drive, to co nsid er the
following ite m(s): '
A Reso lution relating to an application fo r wa ive r of plat for ihe subdivision
of property locat ed at 6050 SW 81 Street.
A Res olution ap proving special except ions waiving st ric t compliance
with the lot c.overage, park in g, height , and set ba ck provisions of t he
Hometown Distri ct Overlay Ordinance for a pro pose d ad dition located
at 5875 Sun se t Drive .
A Reso lution approving and au th orizing the City Manager to execute a
three (3) yea r (October 1. 2015 -Se pt emb er 30 , 20 18 ) agreement between
the Miami-Dade County Police Bene volent Associa ti on Co llecti ve Bargaining
Union ("Lieutenants & Captai ns ") and t he City of South Miami.
A Resolution authori zi ng the City Manager to ent er into a t liree-year
ag re ement with AT & T to replace ex isti ng network co nnections at Parks
and Recreation, Publ ic Wo rks and City Hall.
(
An Ord in ance amending Chap ter 13A , Section 13A-22 of the Cit y of south )
Miami Co de of Ordi nances, entitled "Balloon Regulations," providing for
the regulation of ba ll oon usage and balloon releases in the City limits .
An Ordinance ame nding the Land Development Code , Article III ,
"Zo ning Reg Ulations," Section 20-3.6, "Su pplem ental Regu lati ons," t o
amend and cl arify the height limitatio ns on fences, wa lls , hedges and
simila r features in reside ntia l zo nin g districts.
An Ordi na nce amending Section 20-5.4 , "Comp lete applications required,"
Sect io n 20-5 .5, "Appli c ations req uir ing public hearings ," and Section
20-5.6, "App li cation s in general," of the South Miami Land
Development Code to establi sh requi rements fo r a transportati o n
impact anal ys is , and oth er c hanges including co rr ection of names,
clarifying . notice requ irements, an d establ ishing autho rity to defer an item.
A LL interes ted parties are invited to atten d an d will be heard.
For further informat ion, please contact the City Clerk 's Office at: 305-663-6340 .
Maria M . Mene nd ez , CMC
City Clerk
Pursuant to Flo rida Statutes 286.0105, the Ci t y hereby advises the public
that if a person decides to appeal any decision made by this Board ,
Agency o r Commission with res pect to any matter co nsi dered at its
meeting or hearing, he or she will need a record of the procee ding s, and
that for such purpose, affe c ted pe rson may ne ed to ensu re tha t a verb atim
record of the proceed ing s is made which record includes the test im ony
and evi dence upon which the appeal is to be based.
6/10 16-96 /0000122622M