Ord No 16-23-2467ORDINANCE NO. 16-23-2467
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING CHAPTER 15D ''OFFENSES AND
MISCELLANEOUS PROVISIONS", TO MODIFY
REGULA TIO NS FOR THE USE OF LEAF BLOWERS;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami (the "City") has adopted the Code of Ordinance (the
"Code") to promote the health, safety, community acceptable standard of morals and general
welfare of the residents of the City of South Miami through the stated regulations of this Code; and
WHEREAS, the City Commission finds it periodically necessary to amend the Code in
order to update regulations and procedures to implement goals and objectives; and
WHEREAS, Section 15 of the Code prohibits the use of gas-powered leaf blowers within
the City; and
WHEREAS, continuous use of battery-powered blowers by property owners, tenants, and
their contractors can require multiple battery packs that take considerable time to charge, making
their use impractical; and
WHEREAS, the City employs two code enforcement officers that have considerable
responsibilities and adding enforcement of the gas blower prohibition is impractical and too large
a burden; and
WHEREAS, the City Commission finds both gas-powered blowers and electric-powered
blowers are used for maintenance of properties throughout the City every day; and
WHEREAS, the City Commission desires to eliminate the prohibition on use of gas-
powered leaf blowers; and
Page 1 of6
Ord. No. 16-23-2467
WHEREAS, the City Commission further finds that the use and enjoyment of surrounding
property owners is best served, and the regulatory framework is most efficiently enforced by
prescribing allowable hours for use of leaf blowers; and
WHEREAS, this Ordinance was duly noticed and presented to the City Commission in
two readings, with second reading conducted as the required public hearing on September I 9,
2023;and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Chapter 15D of the Code. That Chapter 15D is hereby
amended to read as follows:
Chapter lSD -OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. -IN GENERAL
Sec. 15D-l. -Definitions.
The following words, terms, and phrases, when used in this Article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Civil Citation has the same meaning as defined in Section 2-25.
1 Coding: StrilEedtreugh 11lerEls are deletions to the existing Wllrds. Underlined words are additions to the existing
words. Modifications proposed by the Planning Board are shaded in grey. Changes between first and second
reading are indicated with tieuble ekiillolhre11gh and double.._underline. Modifications made at second reading)lre
shaded in ijfiti,'m;ey.
Page 2 of6
Ord. No. 16-23-2467
Courtesy Civil Citation means a Civil Citation that informs the recipient of the violation but that
does not penalize the violator.
Electric-powered means powered directly from electricity, and not directly powered by any fossil
fuel, including powered from the electricity given off by a battery or from the electrical current
from an electrical outlet that receives its electricity from a solar panel or the electrical power grid
that is used by a home or business.
Gas-powered means powered by any fossil fuel.
Landscaping Equipment means mowers, edgers, leaf blowers and other equipment powered by
electricity or gas and used for the maintenance of landscaping by an individual or business.
Leaf blower means any air blowing device that uses a concentrated stream of air to push, propel
or blow dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris.
Speeia.' Magi-sll•6le has the same meanieg as deaeed ie SeeHee 2 2§ ef tltis Cede.
1,·u,11118Fj' Interest means the ieter:est f&t:e set hy Flerida Stamte fer judgmeats issued hy FleriEla
eeafffr.
ARTICLE II. -LEAF BLOWERS
Sec. 15D-2.l. -Regulations on the use of gas-powered and electric-powered leaf blower.
The use of a gQas-powered and electric-powered leaf blowers may be used is pFehieited
·11ithie the City ie aeeefdaftee ·nitfl Seetioa 15D 2.3 ef this Artiele II. Eleekie po:wereEl leaf
hlewers may he used v.tithie the City, consistent with the regulations set forth in Chapter 15D of
the City's Code of Ordinances (Code). A eimtiee shall he issued te the f)f8:f)erty e:r1;eer aed te the
husieess that is petfermieg the 1Nerlc usieg a gas pe11lered leaf 13101.v:ers io 1lielatiee eflhis 8eetiee.
Private property owners and businesses are encouraged to operate electric-powered Landscaping
Equipment, but may use a gas-powered blower, in a manner that reduces noise and pollution
generated by the equipment, including, without limitation, by not continuously running equipment
and by_:':18ing ~quipt~e~t ~~t ~P.~!~~~~ a~ ~ !~~ ~eci~et ~a~g'?_{!~~-·!_~!~!Y:f!Y.~J~?) @.~~ fi_fty_{:~m
fe~.0~--~~"1{!Pe~;~er.@~~g.~e:ef~,~afe~w,:.~.er.iftJ~~~~~:~~--~P~~~;~e~s
ef 1Q.l1Bs·:as'meil9Yted·m,m.tlie.aglit. ef ,,va-r:for ·eetititmeus .Jeriede;~f:tD;mimH8s ~·elt:·lonp:sJlO:ll eee~Me-t ?Jie1Miee; eftWs seeti&Bi 4 property.owner mayp~nniia Jear};,iow~ :to :1>e-ii,ed.on or in .tlie vfoimty~ofthe,9W1)er•s -property only hetweeri. the·•g MtJ\M through 5 f.M:Mondav
llirough FrldaY, br· the hours of 9 AM through s PM mi Satumay~an&SundayJ
See. HD l.2. Temperary sespensiea fer sterm and her,ieaae eleaaep.
In the eveet ef a ha1Tieaee, tropieal stemt, er similar e*treme weather eveet, the City
Maeager, ie the maeager's sale diseretiee, may tefRf)erarily s1:1speod 13revisi0ns ef this 1«\fliele II
ta perm:it the use of gas powered Laedssapieg aeiuipment fur debris eleanup.
See. ISD 2.~. EnfeFeemeet, penalties.
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Ord. No. 16-23-2467
(a) Begifiaing ea Fearuary l, 2Q22, aad e*teeaiBg thff>ugh Oateeer 31, 2Q22, the City shall
eRgage m f)Uelie eelaeatioa efferts te iafera1 Feeidents aed businesses ef the f)FO'.'isions ef
teis 1i\J.tiele II aad te pre'liele assistaaoe ,'1rith ideatiFy-ing alteraa-#¥es to gas powef8el leaf
~IOW8f9.
(a} Beginai11g 011 ~Jo 1;emeer I, 2922, the Ciey shall pro1;iEle for a Biae meftth ,,,amiRg
period tlH=e:ugk anel iaelueliag July 31, 2Q23, eluriag v,rhieh the Cede &feFGement Di 1Jisioa
may enly issues Ce:u1:tesy Ci-11il Citatieas.
(e) Begiooiag ea August l, 2823, (Baforeemeat Date) the Code Bafereemeat Di 1;isiea
HH1st mlly eeforee the pro 11isieas of this Artiele II.
!Bl~ If a Code Enforcement officer fmds a violation of this Artiole Jl Chapter 150, the
Code Enforcement officer shall issue must first ha1,re iss:ueel a Courtesy Civil Citation to
the property owner eefere issuiag a Cilfil Citation. The Courtesy Civil Citation aed the
Civil Citatiea must inform the violator, at a minimum, of the nature of the violation, the
amount of fme for which the violator is liable in the event of a Civil Citation., t:ho 91.¼e eate
for peyiftg the fine ead inskl:letiens oa he'tV te pay the fifte, the rigkt te i=equost an
admiaisa:ati:ve hearing eefare the City's Speeial Magistrate (Speoial Magistmte) 1.vit&in tea
( 1 Q) da~rs after serviee eflhe ChciJ Cilaliea, and that the failure te re(jllest aR admieism1th 1e
hearing within ten ( l Q) elays ef servioe ef the Ci.vii Citation 1+11411 eeastitute an admissiea of
the violation and a 1.·vai11er of the right to a kearing. The Code Enforcement Otlicer shall
issue a Civil Citation if a violation occurs and a Courtesy Civil Citation has previously
been issued to the property.
(b) The civil fine for a violation shall be $250 for a first offense and $500 for each
subsequent violation within a 12-month period.
( c) The property owner may appeal the violation to the Special Magistrate as set forth in
Section 2-25 of this Code.
(e) A 1.tiolater \'ffi8 has been served v,rith a Chril Citation 1:BHst eleat te either:
( l) Pay the ei,,ril fiae set fo1:th in the City's sehed:ule effines and, if none is providea
for a ,,iolatiea eftkis Miele II, thee as folle 1.vs:
a. 'First violation vAthin a twel11e mead\ perioa $258.QQ;
b. Seeeae and all subseeiae11t 11ielations 'Nilhin a w,rel 11e month periee
$SQ9.99; or
(2) Request ae administrative hearieg eefore the Speeial Magist:Fate te aelj:udieats
the Civil Citatiea, whieh must ee req1.-1ested withia tea (lQ) elays ef the seF¥iee ef
the Ciii,1il Citation. The pFeeeelures for the admiBistratiYe heariag ef the CiYil
Citatien is as set forth in Section 2 25 of this Cede.
(f) Feilare te tinlely re(J:Hest ea aelmieistrati 1;e hearing hefore the Speeial Magisa:ate,
eaestih:ltes a wai 1,rer ef the 1;ielat01·1s right to an admieistfati 1;0 heari11g hefore the Speeial
Page4 of6
Ord. No. 16-23-2467
MagistFate, aRd is tfeated as aR adn~issioR ef the violalieR fer whieh fiRes and peRallies
must be assessed aeeefflingly.
(g) A eeftified eopy ofaa oraer impesiag a fine may be reeofded in the publie i=eeerEls, aaEI
dleFeaft:er the fise and aeemed iRteFest ea tee fine eeasakHes e. lien upon all i=eal asd
pefseRal property O'l/fied hy the 'tielator, vvhieh ma:y be eafereed ia the same mBDner as a
eeur-t judgment, iaeluEling hwy agaiast the 1tielator's real er perseaal property. All ua,aiEl
fiees, iaeluEliag partially aepaid fines, aeerae imefest at the Statl:ltory hlterest rate for eaea
day that the fiRe, er per-tioR thereof, remaiRs uapaid. After tm·ee (3) menths foll0 1.viRg tae
reoofdiag of lRe order imposing tile fiee, the City may tereelose er otherw-ise eHoute upoR
the liea fer t-Be ftftleunt ef lhe liea lhat is e1Neel plus aeemed Slatutery le:tei=est.
(h) The Speeial l\~gisk=ate is pFOhibiteel fFOm heariag the merils of the Citation er
eensidering tlte tin:ieliBess ef a re~uest for aa administrative hearing if R:le ,;iolater has
failed to FeEfl:leot ae administFati:tre hearieg withia tea (IQ~ days of the eerv-ioe of the
Citatioa. The Speeial l\~gisti=ate shall Rot haJJe diset=etiea to alter t-ae peaalties pt=eserihee
itt this 1\.rtiele If. 1\Jty party aggrieyed b~• a deeisioa ef the Speeial Magistra~e may ap19eal
that eleeisiee te a eeuft ef eOlBf)eteBt juriselietioR.
See. 151> 2,4. Fiaaeeial hardship wah1er.
ft.By property O'lfRer er priaeipal of a basiness that reported a household aeooal gf8SS
ieeome of eighty (80) pereeat of the afea meeliaa iaoeme, or less, oa its ineome taK ~iling for the
most reeeBt tax year, may sabmit a v.«ritten reEtaest te the City MBDager, OR a ferm prepaFeEl ey tke
City Maeager, :fer a finaaoial hardship wai•tet· of tke FeEfl:lii=ements ef this i1\.rtiele 11. The City
Manager may gFaftt a waiver if the flFOperty 01+1JRer Of prineipal of the husiness pro 1.«ieles the
fellawiBg:
(a) laoome tax filiRg fer the most reseat tax year aad writteR authorii!atien te reE}uest sueh
filing from t-1:ie IBtereal R:eveaue Se1viee; aad
(b)CempeteBt sabstaatial e1tielenoe tkat:
(l)There is eo eomparaele altemati:r.re eleetrie po:r.1,ereel leaf blo'♦'ler that eloes Bot
use gas; er
(2) The parehase er use of eleotrie p0 1mH·ed leaf blo'.\'er weuld ereate an aadue
finaneial hat=dship.
A. f.inaneial hardsaip wai 1,er ,.-,.'-ill oRly ae ,,,aliEi for tweh'e ( 12) months, but may he rene1.ved
apea &f)f)UeaUea te the City Maaager. lfan admiaistRKive heariag is ret11:1ested f)tifSU&Rt te SeetieR
150 2.3, a peBeliag fiaaneial hat=dship 'N&i'ter reeiuest is a gFOaaEl fer a eoatiRl:lanee of the
aelministf&ti:r.•e heariBg, hut oBly if the Ci1;il CitatioB v.«as issues after the sabmittal of the f.immeial
aaffiship wai11er F8Efl:18St.
Section 3. Corrections. Confonning language or technical scrivener-type corrections
may be made by the City Attorney for any confonning amendments to be incorporated into the
final Ordinance for signature.
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O rd . No. 16-23 -2467
Section 4. Severability. If any section, c la use, sentence, or phrase of this Ordi n ance
is for any reason held inva lid o r u nconst itutional by a court of competent jurisdiction, the hold ing
s ha ll not affec t th e va lidity of the remaining portions of this Ordinance.
Section 5. C onflicts . That a ll ordin ances or p arts of ord inances, reso lu t ions or parts
of r esol uti ons , in confli ct herewith, a re re pea led to th e extent of such confli ct.
Section 6. Implementation. The C it y Manager is h ereb y auth orized to take any an d
a ll necessary action Lo imple me nt th e purp oses of this O rdin ance.
Section 7. Effective Date. Thi s Ordinance shall b ecome effect ive immedia tely upon
adoption.
PASSED on firs t rea ding o n th e 5t h day of Sep tember, 2023.
PASSED AND ADOPTED on second readin g on the 19th day of September, 2023.
ATTEST :
READ AND AP PROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
, ..
CITY ATTORNEY
APPROVED:
@S=
COMMIS S ION VOTE:
Mayo r Fernandez:
Vice Mayor Bonich:
Commissioner Call e:
5-0
Yea
Yea
Y ea
Commissioner Liebman : Yea
Conu nissi oner Core y: Yea
Pa ge 6 of6
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: September 19, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 15D “OFFENSES AND MISCELLANEOUS PROVISIONS”, TO MODIFY
REGULATIONS FOR THE USE OF LEAF BLOWERS; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (VICE MAYOR BONICH)
Suggested Action:
Attachments:
4766846-Memo_-_Ordinance_Re_Leaf_Blowers (1).docx
Chapter_15D_-_Leaf_Blower_SR 9-9-23.docx
MDBR Ad.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:September 15, 2023 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15D “OFFENSES AND
MISCELLANEOUS PROVISIONS”, TO MODIFY REGULATIONS FOR THE USE OF
LEAF BLOWERS (VICE MAYOR BONICH)
The accompanying Ordinance was prepared and placed on the agenda at the request of Vice
Mayor Bonich.
2
9
-
MIAMI-DADE
STATE OF FLORIDA
COUN TY OF MIAM I-DAD E:
Before the und ersi gned authority personally appea red
ROSANA SALGADO , who on oath says that he or she is the
LEGAL CLERK , Legal Noti ces of the Miam i Dai ly Bus iness
Review f/k/a Mi ami Rev ie w, of Mi ami-Dade County , Flori da ;
that the at1ached cop y of advertisement , being a Legal
Ad~ertisemenl ol Notice in the matter of
Cl1Y OF SOUT H MIAM I -CITY COMMISS ION -PUBLIC
HEARING -SEP T. 19 , 2023
in the XXXX Court,
was published in a newspaper by print in the issu es of Miami
Daily Bus iness Review fik/a Mia mi Re view on
09/08 /2023
Affiant furt her says th at the newspap er comp lies with all
lega l requirements for publication in chap ter 50 , Florida
$3/
Sworn to and subsc ribed before me thi s
B day of SEP TEMBER , A .D. 2023
~
c/EAL )
ROSANA SALGADO personally known to me
.. ··,~r.~~·-... BARBARA T~OMAS {f/::» ~.\ Commlsslon#HH 187442
~w:.-.J!!i),::, Exj>ires November 2, 2025
··?f.~f.!~~~:-·· Bonded Thru Troy fail lr11U1;nr.e 800-38~ 70\9
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a pub/le hearing
on Tuesday, Se tember 19 2023 at 7:QQ_p .m. to consider the following
public hearing item(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-65, 'CAMPING
PROHIBITED; EXCEPTIONS,' OF CHAPTER 15, 'OFFENSES AND
MISCELLANEOUS PROV ISIO NS," OF THE CITY CODE OF ORDINANCES
TO PROH IBIT OVERNIGHT -CAMP ING ON PUBLIC PROPERTY AND PROVIDE
FOR ENFORCEMENT PROCEDURES AND PENALTIES; PROVIDING FOR
CORRECTIONS: SEVERABIUTY; CONFLICTS; IMPLEMENTATION; AN[
AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 15D 'OFFENSES AND
MISCELLANEOUS PROVISIONS ", TO MODIFY REGULATIONS FOR THE
USE OF LEAF BLOWERS ; PROVIDING FOR CORRECTIONS: SEVERABIUTY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA , AMEND/NG ARTICLE 3 "ZONING
REGULATIONS ', SECTION 20-3.6M(3){A) OF THE LAND DEVELOPMENT
CODE, TO ALLOW COMMERCIAL OUTDOOR RUNNING PROGRAMS TO
OCCUR IN ANY COMMERCIAL OR MIXED-USE DISTRICT IN THE Cl1Y
RATHER THAN SOLELY IN TH E COMMERCIAL CORE; PROVIDING FOR
CORRECTIONS: SEVERABIUTY; CONFLICTS; IMPLEMENTATION; AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COM MISSIO N OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II 'DEFINITIONS ,"
SECTION 20-2.3 'DEFINITIONS' AND ARTICLE 111 'ZONING REGULATIONS ,"
SEel'ION 20-3.5-olMENSKJNAL REQUIREMENTS,• SUBSECTIONS 2 0-3.5e
'DIMENSIONAL REQUIREMENTS -SINGLE FAM/l Y RESIDENTIAL DISTRICTS
-ONE STORY ,' 20-3.SF 'DIMENSIONAL REQUIREMENTS -ATTACHED
SING LE FAMILY ANO MULTIFAMILY RESIDENTIAL DISTRICTS ,' AND 20-3 .SH
'DIMENSIONAL REQUIREMENTS, SINGLE-FAMILY RESIDENTIAL
REQUIREMENTS -TWO STORY,' TABLE 2 OF THE LAND DEVELOPMENT
CODE, TO ADDRESS ·ARTIFICIAL TURF AND MODIFY REGULATIONS FOR
OPEN SPACE AND IMPERVIOUS AREA; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; fl.ND AN EFFECTIVE DATE.
10
..
The hearing will be held at c· Hall Commission Chambers 6130
• Sunset Drive, South Miami, Florida 33143. Commission members will
participate in Chambers or by video conferencing through the Zoom
platform and members of the public may join the meeting via Zoom at
(https://zoom.us/i/3056636338), by phone by calling +1-786-635-1003
and entering Meeting ID: 3056636338 when prompted, or in person in the
Commission Chambers, and where thefr appearance will be broadcast on
the Zoom platform, and where they can participate.
All interested parties are Invited to attend and will be heard.
For further inlorrnation, please contact the City Clerk's Office at: 305-663-6340.
Pursuant to Section 286.0105, Fla . Stat., the City hereby advises the public
ttiat if a person decides to appeal any decision made by the ·Commission
. with respect to this matter, such person must ensure that a verbatim record
of the proceeqings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise
inadmissible or in:elevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
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: 305-663-6340, by mall at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifl.gov.
9/8
Nkenga A. Payne, OMC, FCRM
City Clerk
23-67 /0000683057M ----~-----~-----
SUNDAY SEPTEMBER 10 2023 NEIGHBORS ...................................................................................................19SE
11
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF SECOND/FINAL BUDGET HEARING
Notice is hereby given that the City Commission will hold a public hearing on
Tuesday. September 19, 2023, at 5:01 p.m. to consider the following public
hearing item(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023 THROUGH
SEPTEMBER 30, 2024 ("FISCAL YEAR 2023/2024"), WHICH AMOUNT
MAY BE AMENDED AT THE FIRST OR SECOND READING; AND
ADOPTING THE FINAL MILLAGE RATE ON SECOND READING;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE CITY
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023, AND
ENDING SEPTEMBER 30, 2024 (FISCAL YEAR 2023/2024), AND
WHICH BUDGET MAY BE AMENDED AT THE FIRST OR SECOND
READING OF THIS ORDINANCE; ADOPTING THE FINAL BUDGET ON
SECOND READING; PROVIDING FOR THE SALARIES AND EXPENSES
OF THE CITY COMMISSION AND OFFICERS, AS REQUIRED BY THE
CITY'S CHARTER; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; AND AN EFFECTIVE DATE.
The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive,
South Miami, Florida 33143. Commission members will participate in Chambers
or by video conferencing through the Zoom platform and members of the public may
join the meeting via Zoom at (https://zoom.us/j/3056636338), by phone by calling
+1-786-635-1003 and entering Meeting ID : 3056636338 when prompted, or
in person in the Commission Chambers, and where their appearance will be
broadcast on the Zoom platform, and where they can participate.
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.
Pursuant to Section 286 .0105, Fla. Stat., the City hereby advises the public that if a person decides
to appeal any decision made by the Commission with respect to this matter, such person must
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 . This notice does not constitute consent by
the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
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 : 305-663-6340, by mail at 6130 Sunset Drive, South Miami , Florida or email
at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing on
Tuesday. September 19. 2023, at 7:00 p.m. to consider the following public hearing item(s):
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-65, "CAMPING PROHIBITED ;
EXCEPTIONS ," OF CHAPTER 15 , "OFFENSES AND MISCELLANEOUS PROVISIONS ,"
OF THE CITY CODE OF ORDINANCES TO PROHIBIT OVERNIGHT CAMPING ON
PUBLIC PROPERTY AND PROVIDE FOR ENFORCEMENT PROCEDURES AND
PENALTIES; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION ; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING CHAPTER 15D "OFFENSES AND MISCELLANEOUS
PROVISIONS", TO MODIFY REGULATIONS FOR THE USE OF LEAF BLOWERS;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION;
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE 3 "ZONING REGULATIONS", SECTION
20-3 .6(V)(3)(A) OF THE LAND DEVELOPMENT CODE, TO ALLOW COMMERCIAL
OUTDOOR RUNNING PROGRAMS TO OCCUR IN ANY COMMERCIAL OR MIXED-
USE DISTRICT IN THE CITY RATHER THAN SOLELY IN THE COMMERCIAL CORE ;
PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION ;
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II "DEFINITIONS," SECTION 20-2 .3
"DEFINITIONS" AND ARTICLE Ill "ZONING REGULATIONS ," SECTION 20-3 .5
"DIMENSIONAL REQUIREMENTS," SUBSECTIONS 20-3 .5E "DIMENSIONAL
REQUIREMENTS -SINGLE FAMILY RESIDENTIAL DISTRICTS -ONE STORY ,"
20-3 .5F "DIMENSIONAL REQUIREMENTS -ATTACHED SINGLE FAMILY
AND MULTIFAMILY RESIDENTIAL DISTRICTS," AND 20-3 .5H "DIMENSIONAL
REQUIREMENTS, SINGLE-FAMILY RESIDENTIAL REQUIREMENTS -TWO STORY,"
TABLE 2 OF THE LAND DEVELOPMENT CODE, TO ADDRESS ARTIFICIAL TURF AND
MODIFY REGULATIONS FOR OPEN SPACE AND IMPERVIOUS AREA; PROVIDING
FOR CORRECTIONS ; SEVERABILITY ; CONFLICTS ; IMPLEMENTATION ; AND AN
EFFECTIVE DATE.
The hearing will be held at City Hall Commission Chambers. 6130 Sunset Drive,
South Miami, Florida 33143. Commission members will participate in Chambers or by
video conferencing through the Zoom platform and members of the public may join the
meeting via Zoom at (https://zoom .us/j/3056636338), by phone by calling +1-786-635-1003
and entering Meeting ID : 3056636338 when prompted, or in person in the Commission
Chambers , and where their appearance will be broadcast on the Zoom platform , and where
they can participate.
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.
Pursuant to Section 286.0105, Fla. Stat., the Ctty hereby advises the public that if a person decides to appeal any
decision made by the Commission with respect to this matter, such person must 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 . This
notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
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 , activtty 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 : 305-663-6340, by mail at
6130 Sunset Drive , South Miami , Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC , FCRM
City Clerk