17Agenda Item No:17.
City Commission Agenda Item Report
Meeting Date: February 5, 2019
Submitted by: Thomas Pepe
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 15 Article III, Section 15-97
relating to noise exemption for Special events. 3/5 (City Manager)
Suggested Action:
Attachments:
Memo-Ord. Amending Sec. 15-97 Special Events.doc
Ord Amending 15-97 Noise at Sp. Event.docx
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Steven Alexander, City Manager
DATE:February 5, 2019
SUBJECT:An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 15 Article III, Section 15-97 relating to noise exemption for
Special events.
BACKGROUND:The City of South Miami has numerous special events that benefit the
City, its residents and its business community. Some of the most recent
special events that have occurred within the downtown business district
include Bougainvillea’s St. Patrick’s Day Block Party (March 2018), Taco
Craft’s Cinco De Mayo Block Party (May 2018) and ROK:BRGR’s Fall
Festival (November 2018).
Staff believes the current Code of Ordinance concerning special events
and sound permits could be improved in order to promote vibrancy
throughout the downtown business district. Chapter 15 Article III,
Section 15-97 reads as follow:
Provided, however, in the case of a special event, exhibition,
exposition and/or festival, not exceeding five (5) days, when
specifically permitted by a majority vote of the city commission by
resolution, the city manager may issue a sound permit for a time
period not to extend longer than from 10:00 a.m. to sunset, for special
events.
With a desire to move the City toward a more business-friendly
environment and accommodate future requests for modern special
events within the downtown business district, the City desires to amend
Chapter 15, Article III, Section 15-97 of the City’s Code of Ordinances to
allow more flexibility in the time currently allowed for sound emanating
from special events.
ATTACHMENTS:Ordinance for approval
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ORDINANCE NO. __________________1
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An Ordinance amending the City of South Miami Code of Ordinances, 3
Chapter 15 Article III, Section 15-97 relating to noise exemption for 4
Special events.5
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WHEREAS, the City of South Miami has numerous special events that benefit 8
the City, its residents and its business community; and 9
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WHEREAS, the City desires to amend Chapter 15, Article III, Section 15-97 of 11
the City’s Code of Ordinances to allow more flexibility in the time currently allowed for 12
sound emanating from special events.13
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 15
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:16
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Section 1.Chapter 15 Article III, Section 15-97 of the Code of Ordinances, City 18
of South Miami, Florida, is hereby amended and shall read as follows:19
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Sec. 15-97. - Exceptions as specifically provided for. 21
Provided, however,Iin the case of a special event, exhibition, exposition 22
and/or festival, not exceeding five (5) days, when specifically permitted by a 23
majority vote of the Ccity Ccommission by resolution, the Ccity Mmanager may 24
issue a sound permit for a time period in excess of the limitations set forth in this 25
Article, for special events. 26
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Section 2. Codification. The provisions of this ordinance shall become and be 28
made a part of the Code of Ordinances of the City of South Miami as amended. 29
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Section 3. Severability. If any section, clause, sentence, or phrase of this 31
ordinance is for any reason held invalid or unconstitutional by a court of competent 32
jurisdiction, this holding shall not affect the validity of the remaining portions of this 33
ordinance. 34
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Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 36
sections and parts of sections of ordinances in direct conflict herewith are hereby 37
repealed. 38
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Section 5. Effective Date.This ordinance shall become effective upon 40
enactment.41
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PASSED AND ENACTED this ____ day of _____________, 2019.43
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ATTEST:APPROVED:45
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___________________________________________2
CITY CLERK MAYOR3
1st Reading 4
2nd Reading 5
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READ AND APPROVED AS TO FORM,COMMISSION VOTE:7
LANGUAGE, LEGALITY AND Mayor Stoddard:8
EXECUTION THEREOF Vice Mayor Harris:9
Commissioner Welsh:10
Commissioner Liebman:11
_______________________Commissioner Gil:12
CITY ATTORNEY13
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