Ord No 19-20-2373ORDINANCE NO.19-20-2373
An Ordinance amending the City of South Miami Code of Ordinances, Chapter
15 Titled "OFFENSES AND MISCELLANEOUS PROVISIONS", Article I.
titled "IN GENERAL", Section. 15.33, titled "Indecent exposure; dressing
appropriately for sex."
WHEREAS, the City of South Miami does not discriminate based on a person's sexual
identity; and
WHEREAS, the City desires to amend Chapter 15, Section 15.33 of the Code of
Ordinances to eliminate references to "dressing appropriately for sex".
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Chapter 15 Titled "OFFENSES AND MISCELLANEOUS
PROVISIONS", Article I. titled "IN GENERAL", Section. 15.33. titled "Indecent exposure;
dressing appropriately for sex.", of the City of South Miami's Code of Ordinances is hereby
amended and shall read as follows:
See.15-33. - AL AL Reserved
Bel
•, shall,
upon eenytiefien
of my of Maid effenses be
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature. .
Section 4. Codification. The provisions of this ordinance shall become and be made part
of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance
may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
Section 5. 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sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Page 1 of 2
Ordinance No. 19-20-2373
Section 6. 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.
Section 7. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 7°i day of July. 2020.
ATTEST: APPROVED:
CI CLE YOR ,
I' Reading — 6/16/20
2nd Reading — 7/7/20
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREEO
reX, f
CIT`i ATTORNEY
Page 2 of 2
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Item No:16.
City Commission Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 15 Titled "OFFENSES AND
MISCELLANEOUS PROVISIONS", Article I. titled "IN GENERAL", Section. 15.33, titled "Indecent exposure;
dressing appropriately for sex." 3/5 (Mayor Philips)
Suggested Action:
Attachments:
Ord amending 15-33 Dressing Appropriately (rev)CArevCCAmend.doc
MDBR Ad.pdf
Miami Herald Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami, Miami -Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Bettie the undersigned authority personalty appeared
GUILLERMO GARCIA, who on oafh says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review We Miami Review, a daily (except
Saturday. Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County. Florida: that the
attached copy of advertisement. being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI - VIRTUAL MEETING OF THE CITY
COMMISSION - JUL. 7, 2020
in the XXXX Court.
was published in said newspaper in the issues of
06f26f2020
Athant further says that the said Miami Daily Business
Review is a newspaper published at Miami, In mid Miami -Dade
County, Florida 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, Flonda, for a period
of one year next preceding the first publication of the attached
copy of advertisement: and arrant fuller says mat he or she
has neither paid nor premised any person, firm or corporation
any discount. rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
newspaper.
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Sworn o and subscribed before me this
26 d JUNE, 5,P. 2020
(SEAL)
GUILLERMO GARCIA personally known to me
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CITY OF SOUTH MIAMI, FLORIDA
-NOTICE TO THE PUBLIC OF THE VIRTUAL
MEETING OF THE CITY COMMISSION
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stet,
and Executive Order Number 20-69, the City will be holding Its City
Commission Meeting VIRTUALLY. The meeting is Scheduled to begin on
I)mlff July 7. 2 220 at 7_000p.m. to consider the following public hearing items:
An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 15 Thled'OFFENSES AND MISCELLANEOUS PROVISIONS', Article I.
tided "IN GENERAL", Section. 15.33, liked "Indecent exposure; dressing
appropriately for sex."
An Ordinance amending the City of South Miami Land Development
Code, Section 20.6.1(B), (C) and (D) to provide for special meetings
end Sunshine meetings.
The members of the City Commission, the applicant, the applicant's attorney
and vdtneases and City staff will participate by video conferencing through
the Zoom platform and members of the public may join the meeting via
Zoom at Mgp—$9/200m.usJ/3056636338) and participate. If you desire to
present evidence or you am unable to use Zoom, there are procedures to
follow end other options available including a dedicated phone line to
listen and participate in the meetng and limited public attendance, all
of which Is set forth in the meeting notice posted at City Hall and at
hilp:Hwww.southrTiamiti.gov/580/Public-Meetings-Notices. Anyone who
wishes to review pending application and supporting documentation in
person must make an appointment by calling 305-663-6340.
Pieria note that Governor DeSantiss Executive Order Number 20-69 suspended
the requirements of Section 166.045, Fla. StaL, that a quorum to be present
in person, and that a local govemment body meet at a specific public
place. The Executive Order also allows local government �dsTo u-TifiiT
communications media technology, such as telephonic and video conierencing
such as Zoom for meetings of local government bodies. Note that pursuant to
Florida Statutes 286.0105, a person who decides to appeal any decision made
by a Board, Agency or Commission with respect lo'any matter considered
at Its meeting or hearing, a record of the proceedings will be required for
said appeal and such person will be required to have a verbatim transcript
of the proceedings including the testimony and evidence upon which the
appeal is to be based ADA., To request a modification to a policy, practice
or procedure or to request an auxiliary aide or service in order to participate in a
City program, activity or event, you must on or before 4:00 p.m. 3 business
days before the meeting (not counting the day of the meeting) deliver your
request to the City Clerk by telephone: 305-722-8686 (voice) or305-442-1600
(TTY/TDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email
at npayne®southmiami8.gov.
Nkenga A- Payne, CMC
City Clerk
6/26 20-3110000475768M
4
SUNDAY MINMINJUNE1 20 U NEIGHBORS 123SE
CITY OF SOUTH MIAMI, FLORIDA
NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE
CITY COMMISSION
In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number
20-69, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on
Tuesday. July 7. 2020 at 7:00 p.m. to consider the following public hearing items:
An Ordinance amending the City of South Miami Code of Ordinances, Chapter 15 Titled "OFFENSES AND
MISCELLANEOUS PROVISIONS", Article 1. titled "IN GENERAL", Section. 15.33, titled "Indecent exposure;
dressing appropriately for sex."
An Ordinance amending the City of South Miami Land Development Code, Section 20.6.1(B), (C) and (D) to
provide for special meetings and Sunshine meetings.
The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will
participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom
at (https://zoom.us/'/3056636338) and participate. If you desire to present evidence or you are unable to use Zoom,
there are procedures to follow and other options available including a dedicated phone line to listen and participate
in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at
hnn:uwww.southmiamifi.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application and supporting
documentation in person must make an appointment by calling 305-663-6340.
Please note that Governor DeSantis's Executive Order Number 20-69 suspended the requirements of Section 166.045, Fla. Stat., that a quorum to
be present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to
utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies. Note that
pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter
considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim
transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy,
practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m.
3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or
305-442-1600 (TfY/TDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk