Ord No 12-22-2433ORDINANCE NO. 12-22-2433
An Ordinance amending Section 15-60 to provide for the regulation and the use of City
benches and rights of way.
WHEREAS, there is currently no provision in the City of South Miami's Code of Ordinances
concerning sleeping on City Benches or lying or sitting on sidewalks; and
WHEREAS, City benches have been installed in the City's rights of way for the purpose of
providing the public with a place to sit and they were not intended to provide individuals with a sleeping
place; and
WHEREAS, when individuals sleep on City benches during the day or during business hours
at night, they use all the space on the bench and prevent its use by others; and
WHEREAS, sitting and lying on the sidewalks cause a hazard to the general public who are
walking on the sidewalks and interfere with the free and safe passage of pedestrian traffic; and
WHEREAS, the downtown area of the City of South Miami has an abundance of restaurants
and bars that provide lively pedestrian traffic; and
WHEREAS, this Ordinance is intended to eliminate the public safety hazard created by
individuals sitting or lying on the sidewalks, to provide greater use of City benches and to protect the
economic health and productivity of commercial areas and regulate conduct for the purpose of
promoting public safety and tranquility for the residents of South Miami and the patrons of the
commercial establishments, including restaurants and bars in the City.
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.
Sect~on 2: Section I 5-60 of the City of South Miami's Code of Ordinances is amended to read as
follows:
Sec. 15-60. Obstructing sidewalk or public thoroughfare.
(I) It shall be is illegal unlavlf1:1l for any persons to continue to obstruct the free flow of pedestrians on
the sidewalk or other public thoroughfares by standing or gathering there u13on aA~' sidewalk or 13ublie
thorm:tghfare of the City after being told Beaee to disperse by a police officer or Code Enforcement Officer
in sueh maAAer as to ohstruet the 13assage of 13ersons on the sidewalk or 13ublie thoroughfare.
Page 1 of 3
Ord. No. 12-22-2433
(2) It is illegal for a person to sit or lie down upon a public sidewalk, or upon a blanket, chair, stool, or
any other obiect placed upon a public sidewalk, or to lie on a bench located on public property during the
hours between 5 a.m. and 12 midnight in the following zones:
(a) The Transit Oriented Development District (TODD); and
(b) All zoning districts in the City's Commercial Core.
(3) _B_. __ E_x_c_e_p_ti_o_n_s._Th_e_pr_o_h_ib_i_ti_o_n_i_n __ t ...... hi __ s __ S ___ e ___ c ...... ti __ o_n __ d __ o_e __ s_n __ o __ t....,ap_.p __ l_y __ t ___ o __ a_n_y_p_e_rs_o ___ n'-'---:
(a) Sitting or lying down on a public sidewalk due to a medical emergency;
(b) Who, as the result of a medically-confirmable disability, uses a wheelchair, walker, or similar
movement-supporting device for mobility purposes;
( c) Operating or patronizing a commercial establishment conducted on the public sidewalk
according to an applicable permit; or a person participating in or attending a parade, festival,
performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk
according to a Special Events permit;
( d) Sitting on a chair or bench located on the public sidewalk supplied by a public agency or by
the abutting private property owner;
(e) Sitting on a public sidewalk within a bus stop zone while waiting for public or private
transportation.
None of these exceptions authorize conduct that is prohibited by Section 15-7, Panhandling.
( 4) A person shall not be cited under Section 15-60 unless the person engages in conduct prohibited by
Section 15-60 after having been notified by a law enforcement officer or Code Enforcement Officer that
the conduct violates this Section.
Section 3: Codification. The provisions of this ordinance are to become and be made part
of the Code of Ordinances of the City of South Miami as amened; 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 4 'section" or other appropriate word.
Section 4. Ordinance in Conflict. All ordinances or parts of ordinances and all sections
and part of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not
the intent of this section to repeal entire ordinances, or prats of ordinances, that give the appearance
of being in conflict when the two ordinances can be harmonized or when only a portion of the
ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict
can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances.
Therefore, only that portion that needs to be repealed to harmonize the two ordinances will be
repealed.
Section 5. 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.
Page 2 of 3
Ord . No. 12-22-243 3
Section 6. Severability. If a ny secti on , c la use, sentence, or phrase o f t hi s o rdin ance is for
any re aso n held in va li d o r uncon stituti o nal by a co urt o f co mpete ntjuri sd icti on. th is holding w ill not
affec t th e va lidi ty of th e rem a inin g porti o ns of thi s ordin ance.
Section 7. Effective Date. T his o rdin a nc e w ill become e ffecti ve up o n enactment.
PA SSE D AND ENAC T E D thi s 3rd day of May, 2022.
ATTEST:
l)\fL~ C ITY ERK
I st Readin g : 4/19/22
2 nd Re ad in g: 5/3/22
REA D AND APPROVED AS TO FORM.
LA NGUAGE, LEGAL ITY , AND
EXECU:~E F
Page 3 of 3
COMM ISS ION VOTE:
Mayo r Philips:
Commi ss ione r Ha rri s :
Com mi ssi o ner G il :
Commi ss io ner Liebma n:
Commi ss io ner Corey :
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:15.
City Commission Agenda Item Report
Meeting Date: May 3, 2022
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Section 15-60 to provide for the regulation and the use of City benches and rights of
way. 3/5 (Mayor Philips)
Suggested Action:
Attachments:
Ordinance_amending_15-60_Sitting_or_lying_on_ROW (2).docx
MDBR Ad.pdf
MH Ad.pdf
1
5
MIAMI-DADE
STATE OF FLORIDA
COU NTY OF MIAMI-DADE:
Befo re the unders igned autho rity perso nally appea red
GU ILL ERMO GA RCI A, who on oath sa ys th at he o r she is th e
O\RECl"OR OF OP ERATIONS , Lega l Notices of the Miami Dai ly
Business
Sat urday ,
Review 1/k/a Miami Review , a dai ly (except
Sun day and Legal Holidays) newspaper,
published at Miami in Miami-Dade County , Florida ; that the
attached co py of advertisement , be ing a Leg al Advertiseme nt
of Notice in th e matter of
CIT Y OF SO UTH MI AMI -PUBLIC HEAR INGS -MAY 3, 2022
in the XXX X Court ,
was publishe d in said newspaper by print in the issu es o f
and/or by pub li ca tion on the newspaper's websi te , if
autho ri zed, on
04 /22/2022
Affiant further says that the newspaper com plies with all
lega l req ui rement s fo r publicaUon in chapte r 50, Flori da
Statute s.
S~~hi,
22 da y of APRI L, A.D . 2022
_.--,F,~,:~. CHRISTINA LYNN R/\VIX
[;-' ~\::.,_ Com mi sslon #GG2777 71
~:¾~•jf Exp ire s No vem ber 19, 20 22
·<;,;~~}~~~-·· Bond ed Thru Troy Fai n lnsu ;ancs 800-3 85•701 9
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami t o function and
co nduct vital busi ness during t he COVlD 19 pandemic and , at the sam e
ti me, to protect the health, safety and welfa re of its citizens, officers , official s
and administrative staff, and pursuant City of South Miam i Co d e, Chapter
286.011 , Fla . Stat, the City's Home Ru le Powers, and City Manager's
declaration of a state of emergency due to the Coronavirus , the City wi ll b e
holding its City Commission Meeting live in chambers and VIRTUALLY
through communications media technology (C M1) until the state of
emerge ncy has ended or social distanci ng is no lo nger required by any
relevant Execut iv e Ord ers. All Commission membe rs wi ll participate In
Chambers or by video conferencing through the Zoom platfonn and members
of the publ ic may join the meeti ng via Zoo m at (!:l ttps://zoom.us/j/3056636338 )
and participate . At a mini mum , at lea st three members of the City Comm iss ion
w ill be ph ysi cally pres ent in the City Commissio n Chambers 1 and they will
be broadcast on the Zoom p latform along with all other mem bers of th e
Commission, City Staff and the public who may attend remotely fro m the
Comm ission Chambers and from oth er locations.
Th e me eting is schedu led to begin onT .,_.,,_ue"'s,,.,d,.,a..u__,,M,,,ae.Lc"'--'""''""-.!a!!!t'-'7'-':"'00"--""'"m.!.!..,..
to consider the following publi c hearing item(s):
A Resolution autho ri zing the City Manager to execute a five (5) year
lnterlocal Ag ree ment with Miami-Dade County and Co -Permittees of
the Na!ional Poll utant Discharge Eliminati on System {N POES) pe rmit
prog ram for pollution.
A Resolutio n authorizing the City Manag er t o negotiate and exe cute a
Professional Service Agreement provided under Florid a Statute
287 .055 Consultant's Competitive Negotiation Act 'CCNA •, with SRS
Eng inee ring , Inc., EXP U.S. Services Inc ., Stantec Co nsulting SeN ices
Inc., Calvin, Giordano & Associates, Inc., M&J Engineeri ng P.C., and
Kiml ey-Horn and Associates, Inc., for general engineering services on
an as needed basis.
An Ord inance amendi ng Section 20 -8.9 of the City of South Miami's
land Development Code to rev\se Subsec tions 20-8 .9(8)(2), (G),
(H)(1 ), (J)(3)(a) and (K) and to pro vide clarificat ion and to correct scrivener's
errors throughout th e entire Section .
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. .
An Ordinance amending Section 15-60 to PIJ)Vlde for the regulation
and the use of City benches and rlgh1s of way.
An ordinance amending the City of South Miami Land Development
Code Sections 20-2.3, 20-3.3(0), and 20-3.6 to Include and regulate
home-l:iiJed•~-ind10.anJ9ffl:111efliffllons.
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 meet1119 and.limited public
attendance, all of Which ls set forth In the meeting notice posted at City
Hall and at http://www.southmlamlfl.gov/580/PubHc-Meetlngs-Notlces.
Anyone who wishes to review pending appllcatlon, suppprtfng documentation
or who desire to have documents made available for viewing by everyone
during the meeting must contact the City Cleitc by calllng 305-663-6340.
Note~-pursuant to ROlida ~ 2~.0105, !1 person ·whp:decl~!ll.tq
appeal any decision made by a Board, Ageney·-or Commlalon with
respect to any matter: considered at Its meeting or heB(lng, -a:,-ord of the
proceedings wlll be requiOKI for said appeal·anc! such peDJOfl will be
required to have a verbat!fll ~pt _qf the J)l'.OC88dlngs Including the
testimony and evidence upon which the~ Is to be based.
-' ..... ·. ,· ._;
ADA:. To request a modHIC!IJ!on to ~ policy, practice. or: procedure or to re-
quest an auxiliary aide or servl()!t In order to participate In. a City program,
activity or event, you r,rwst -~·or~ 4:<]g ~:)-~ days before
the meeting (not c:ouriifi{g:ffie-~:ef tlttf,lfWIJl{J}1 dlilWer your request to
the City Cleitc by ~elep~$0S-663-6340,.,by:~I at 6130 Sunset Drive,
South Miami, Rorlda or 8f!1811 ~ npayge@southmlamHl.gov. •.• ... ; .
Nkeriga A. Payne, CMC. FCRM
CltyCleitc
1 The minimum standards for adoptfng a resolution· or enacting an ordinance
are set forth In 166.041(4) -A majority of the members of the governing
body shall constitute a quorum. An afflnnatlve vote of a majority of a quorum
present Is necessary to enact any ordinance or adopt any resolution. -
--4122:---,..-.,..__...,_-,-....,._..~ 2a121l00005mM
SUNDAY APRIL 24 2022 NEIGHBORS ...................................................................................................23SE
The hits just keep com
ing for Venice.
Two days after a viral
alligator sighting on East
er, residents of the scenic
Gulf Coast city got anoth
er scare.
“WALKERS BE
WARE!” reads a warning
on Facebook video post
ed by the Venice Police
Department of a “mas
sive alligator” crossing
the road Tuesday eve
ning.
In the clip, you see a
patrol car in front of an
alligator taking its time
crossing a road while
passersby look on — from
a safe distance.
A different picture on
the FB post shows the
reptile chilling in a drain
age ditch.
Venice Police Public
Information Officer Lor
raine Anderson told the
Miami Herald that Tues
day’s gator is probably
different than the one
seen strolling around on
April 17 — it was spotted
in a different section of
town, about nine miles
away.
“It’s mating season, so
they’re everywhere,” she
said, adding that trappers
were not called because
the animal would have
likely been destroyed.
“We like to keep them in
their habitat.”
According to the Flor
ida Fish and Wildlife
Conservation Commis
sion, an alligator is
considered a nuisance if
it’s at least 4 feet long
and “believed to pose a
threat to people, pets or
property.”
Anderson wants resi
dents to be vigilant in the
scenic Sarasota County
town that carries the
same name as the famed
Italian floating city.
“You have to be care
ful out there because
they’re on the move,”
she said. “This is a ped
estrian friendly commu
nity and we have an
older populace out at all
times of the day. You
don’t want to get near a
gator at all.”
SARASOTA COUNTY
‘They’re on the move’: During gator-mating
season, Venice sees 2nd big gator in 2 days
BY MADELEINE MARR
mmarr@miamiherald.com
VENICE POLICE DEPARTMENT/FACEBOOK
Another alligator was spotted in Venice, two days after a sighting on April 17.
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