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1 ORDINANCE __________ _
2
3 An Ordinance amending the South Miami Code of Ordinances Section 15-83
4 regarding hours of operation of juke boxes, radios, etc.
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6 WHEREAS, the City of South Miami (the "City") strives to maintain the quiet enjoyment of the
7 residential areas that are near commercial areas by regulating certain activities in the commercial zoning
8 districts; and
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10 WHEREAS, the City's Code of Ordinances regulations the operation of juke boxes, radios, etc, at
11 business establishments; and
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13 WHEREAS, the City wishes to further protect the comfort and well-being of its residents by
14 regulating the playing of music in business establishments on properties within the NR zoning district; and
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16 WHEREAS, City staff recommends modifying Section 15-83 of the City's Code of Ordinances to
17 make it unlawful for a business establishment in the NR Neighborhood Retail zoning district to play or
18 operate devices in such a manner so as to be audible from abutting residentially zoned districts; and
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20 WHEREAS, the City Commission desires to accept the recommendation of City Staff.
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22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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25 Section 1. Section 15-83 of the City of South Miami Code of Ordinances is hereby amended to
26 read as follows:
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28 15-83. -Same -Hours of operation of juke boxes, radios, etc.
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30 It shall be unlawful for any person owning, occupying or having charge of any business
31 establishment, or any part thereof, in the t::;eity, to cause or suffer to cause the playing or operating
32 of music boxes, juke boxes, radios, musical instruments or any other musical devices or any
33 devise that amplifies a person's voice on or about the premises between the hours of II :00 p.m.
34 and 7:00 a.m. the following day, unless such music boxes, juke boxes, radios, musical
35 instruments and other devices are played or operated in a closed building and the sound is not
36 audible from outside the building so as to disturb the quiet, comfort or repose of persons in any
37 dwelling, hotel or other type of residence. Further, it shall be unlawful for any person owning,
38 occupying or having charge of any business establishment, or any part thereof, in the NR zoned
39 district to cause or suffer to cause the playing or operating of any of such devices at any time of
40 the day or night and in such a manner that it is audible from any property located within any
41 residentially zoned districts. Upon a second conviction or civil finding of i! violation of this
42 section by a licensee or a holder of a business tax receipt, the presiding judge or presiding officer
43 may, at his or her discretion, suspend or revoke and/or terminate any such license or business tax
44 receipt HIHler tais Ceae te the effeRaiRg lieeRsee.
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46 Notwithstanding the above, the City Commission may extend the hours of any musical
47 performance for any business estaiJlisameRts that providesffig live music performances in any C-
48 2, C 2R, C 3 er I GR, SR, or TODD zoninge district of the t::;eity, may eldeRa the ae"rs aseve
49 until the normal closinge time of the particular business,; In order to be allowed to extend the
50 hours of the musical performance, the business must submit an application, on a City approved
51 form, along with "peR tae estaiJlisameRt pf9viaiRg a complete set of plans and specifications,
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regarding the music devices and facilities, iRtelHiea te ae Htili2<ea fer the review ef to the
.Qairector of the aej3artmeRt ef Planning and Zoning Department for his or her review and
approvalallilaiRg, 2<eRiRg aRd eemmllRfty deyelej3meRt. The Ddirector shall then make
recommendations to the fer fiRal c:.:eity c:.:eommission for final 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-piece live band
fshaJl.1 be utilized.
In no event may the business esta13lishmeRt utilize c:.:eity streets, sidewalks or other rights-of-way
for these purposes, and it is further provided that should the music produced violate_section 15-
82 of this Code, the business esta13lishmeRt shall immediately j3ermaReRtly cease providing live
music performances.
Section 2. Codification. The provisions of this ordinance shall become and be made part of
the Code of Ordinances of the City of South Miami as amended.
Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance or the Guidelines adopted heryunder.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of _____ , 2018.
ATTEST:
CITY CLERK
I" Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Gil:
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