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Ord No 09-18-2298ORDINANCE NO. 09-18-2298 An Ordinance amending the South Miami Code of Ordinances Section 15-83 regarding hours of operation of juke boxes, radios, etc. WHEREAS, the City of South Miami (the "City") strives to maintain the quiet enjoyment of the residential areas that are near commercial areas by regulating certain activities in the commercial zoning districts; and WHEREAS, the City's Code of Ordinances regulations the operation of juke boxes, radios, etc, at business establishments; and WHEREAS, the City wishes to further protect the comfort and well-being of its residents by regulating the playing of music in business establishments on properties within the NR zoning district; and WHEREAS, City staff recommends modifying Section 15-83 of the City's Code of Ordinances to make it unlawful for a business establishment in the NR Neighborhood Retail zoning district to play or operate devices in such a manner so as to be audible from abutting residentially zoned districts; and WHEREAS, the City Commission desires to accept the recommendation of City Staff. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Section 15-83 of the City of South Miami Code of Ordinances is hereby amended to read as follows: 15-83. -Same -Hours of operation of juke boxes, radios, etc. It shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the Ceity, to cause or suffer to cause the playing or operating of music boxes, juke boxes, radios, musical instruments or any other musical devices or any devise that amplifies a person's voice on or about the premises between the hours of 11 :00 p.m. and 7 :00 a.m. the following day, unless such music boxes, juke boxes, radios, musical instruments and other devices are played or operated in a closed building and the sound is not audible from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. Further, it shall be unlawful for any person owning, occupying or having charge of any business establishment, or any part thereof, in the NR zoned district to cause or suffer to cause the playing or operating of any of such devices at any time of the day or night and in such a manner that it is audible from any property located within any residentially zoned districts. Upon a second conviction or civil finding of f!: violation of this section by a licensee or a holder of a business tax receipt, the presiding judge or presiding officer may, at his or her discretion, suspend or revoke and/or terminate any such license or business tax receipt under this Code to the offeE:diE:g lieeE:see. Notwithstanding the above, the City Commission may extend the hours of any musical performance for any business establishmeE:ts that providesffig live music performances Page 1 of2 Ord. No. 09-18-2298 in any C 2, C 2R, C 3 or I GR, SR, or TODD zoninge district of the Ceity, may e*tend the hours above until the normal closinge time of the particular business.:.. In order to be allowed to extend the hours of the musical performance, the business must submit an application, on a City approved form, along with upon the establishment providing a complete set of plans and specifications, regarding the music devices and facilities, intended to be utililied for the review of to the Dairector of the department of Planning and Zoning Department for his or her review and approvalbuilding, lioning and eOHllB:lHiity de ... telopment. The Dairector shall then make recommendations to the for final Ceity Ceommission 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 fshallf be utilized. In no event may the business establishment utilize Ceity 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 establishment shall immediately permanently 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 hereunder. Section 5. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 1ST day of May, 2018. ATTEST: 1st Reading: 4/17/18 2nd Reading: 5/1/18 READ AND LANGUA EXEC APPROVED: MA OR . COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Liebman: Commissioner Welsh: Commissioner Gil: Page 2 of2 5-0 Yea Yea Yea Yea Yea City Commission Agenda Item Report Meeting Date: May 1,2018 Submitted by: Thomas Pepe Submitting Department: City Clerk Item Type: Ordinance Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S) Subject: Agenda Kern No:Q.1 An Ordinance amending the South Miami Code of Ordinances Section 15-83 regarding hours of operation of juke boxes, radios, etc. (Commissioner Welsh) Suggested Action: Attachments: Ordinance Section 15-83 AmendmentCArev.2pdf.pdf 36 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared JOHANA OLIVA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, pubhshed at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -MAY 1, 201 B in the XXXX Court, was published in said newspaper in the issues of 04/20/2018 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dad e County, Flonda and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a penod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing. this advertisement for publication in the said newspaper. ©Imf OfF $@QJl1'H IMlDAMW t;I1@'ifllC~ @F PUIiBIl..OC IHlEAROINI@ NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearlng(s) at Its regular City Commission meeting scheduled for Tuesday, May 1, 2018, beginning at 7:00 p.m" in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending the South Miami Cede of Ordinances Section 15-83 regarding hours of operation of juke boxes, radios, etc, ALL interested parties are invited to attend and will be heard. . For further information, please contact the City Clerk's Office at: 305-663~6340. . Maria M. Menendez, CMC City Clerk Pursuant to ·Florida Statutes 286.Ci1 OS, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. . . 4/20 18-74/0000312810M 40 nSE I I NEIGHBORS CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given thalilie thy Commission "I' Lh~ City III' Smith Mi.uni. F1nriua will cllnuuc{ Public Hearing(s) at ils regular City Cnmmis~ion mcelinl! ~dl!:duled for Tuesday, May I. 2ltl!!, beginning ill 7:00 p.m., in the City ('ummissiun Chambers, (,130 Sunset Drive, III cllnsiuer Ihe Jilllllwin!! item(s.t: Au Ordinance amending Ihe SouLh Miami Code of Ordimmccs Sl'CliulI 15-!i3 regarding hnurs IIf operalion ofjllke boxes, radius. l'k. ALL in ... ·n:'kd pal1ie~ an: invited III iI!lend and will be hC~IfII. Fill' timher infoffilatinlJ. plca~c cllntm::t Ihe City Clerk's Ollil'~ al: 3115-663-h340. Maria M. Mencndcl.. (,MC City Clerk I'mMllml til Flllrid .. SlillUles 2R6.n lOS. the City hereby advises the puhlk that if a persnn lk~:idc. tn appt:al any deci,iun made by this BIJarol.llgenq IIr C .. mmissinn wiU. re,pect I" 1m)' mailer wnHiderc,1 ill ils mo::cting IJr heming. he ur ,lie will n<,etl II rt~conl "f tlte prn(;c.:-dings, mullhat !ill'such pWJlose. all'C(:tL'tI persoll may \Iced 10 en~ul'e thai a verhatim recnrd .. r Ihe flrilcecdjn!!~ j,; mmlc which rL'C(1ll.1 indude~ Ihe ","IimuIlY and l'vidc11I:e ull"n which Ih~ appeltll" til be ba~elJ. . I SUNDAY APRIl n 1018 MlAMlHERAlD.COM $2.29SM I 4 Beclroom I 4 'h Boihs . Beautiful Casas Sevillonos Spanish-inspired manor home in heart of Coral Gables. Design inspired by George Merrick's ·village" concept. Finished wllhe highest quality & aHention to detail w/fealures including romantic fountoin; copper gulters, ALuleios tiles, summer kitchen wi Viking gos grill & built in sink. 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Tuesday !..Thursday (ongoing) from 12:00 noon to 1 :30 pm In Doral (facing 2 S ill Sf) IParty, 8726 NW 2651 •• 19 " Open House TueSday, April 24. 600 pm " Clas. S'8rts rue.days, May I, 6;00-8:00 pm website: laolsl.org/usal Phone: (305) 598-3959 e-mail:' MiamUlitlaoiSl.org