10-07-08 Item 17I ORDINANCE
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF SOUTH MIAMI RELATING TO ALCOHOL;
5 AMENDING CHAPTER 4, ARTICLE I, OF THE CITY OF SOUTH
6 MIAMI CODE OF ORDINANCES BY AMENDING SECTION 4 -8 BY
7 CREATING A PROVISION RELATING TO PROHIBITING THE
8 CONSUMPTION OF ALCOHOL IN PUBLIC PLACES AND CERTAIN
9 PRIVATE PLACES; PROVIDING FOR SEVERABILITY,
10 ORDINANCES IN CONFLICT, CODIFICATION, AND AN
11 EFFECTIVE DATE.
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14 WHEREAS, consumption of alcoholic beverages in public places increases the potential
15 for alcohol - related criminal activities, noise, violence, aggressive and/or offensive
16 conduct related to the excessive use and abuse of alcohol; and,
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18 WHEREAS, citizens of the City of South Miami desire to_promote a safe atmosphere and
19 environment in public places; arid,
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21 WHEREAS, it has been the experience of other municipalities that prohibition of alcohol
22 in their public places such as parks and playgrounds results in a decrease in violence.and
23 undesirable behavior; and,
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25 WHEREAS, it is the intent of this ordinance to prohibit the consumption of alcoholic
26 beverages in public places unless specifically authorized;
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28 WHEREAS, the Mayor and City Commission desire to amend Chapter 4 of the City's
29 Code of Ordinances to provide regulations relating to precluding the consumption of
30 alcohol in certain public places and private locations within the City.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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35 Section 1. Chapter 4, of the City of South Miami Code of Ordinances,
36 relating to "Alcoholic Beverages," is amended to include a new section 4 -8 and renumber
37 the remaining sections of Chapter 4, to read as follows:
38
39 Chapter 4
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41 ALCOHOLIC BEVERAGES
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43
44 Sec. 4 -8. Consumption in public places and certain private places not permitted.
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(a) It shall be unlawful for any person, without the consent of the Cily Manager or
his /her designee, to drink alcoholic beverages or possess open containers holding
alcoholic beverages in any public place in the City. It shall further be unlawful for any
person to drink alcoholic beverages or possess open containers holding alcoholic
beverages in or upon any automobile, truck, motorcycle or other vehicle, when such
vehicle is parked upon any public place without the consent of the City Manager or his
designee. Consent shall be provided by the City Manager or his/her designee as provided
for under the City's "outdoor dining permit" or "special event permit" process. Upon an
applicant's completion of the requisite permit application and a determination by the City
Manager that the applicant complies with the applicable requirements established by the
City for said permit, then alcoholic beverages i may be possessed and consumed in public
places, or at a private outdoor location.
(b) The term "public place," as used herein, shall mean streets, sidewalks, parkways,
parks, playgrounds, ball fields, school buildings, school yards, city hall, libraries and any
(c) It shall be unlawful for anv person to consume anv alcoholic beverage on private
22 of such private premises. It shall further be unlawful for any person to drink alcoholic
23 beverages in or upon any automobile, truck, motorcycle or other vehicle, when such
24 _ vehicle is parked. upon-any private_ premises without - the eensent ef the ownef- tenant, e
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27 (d) Nothing in this section prevents the possession or consumption of alcoholic
28 beverages in compliance with Section 316.1936, Florida Statutes, and in fact the Cites
29 entitled to impose more stringent restrictions on the possession of alcoholic beverages
30 that the state statute relating to same. All other cily, county and state laws relating to o the
31 consumption of alcohol and/or the operation of motor vehicles while under the influence
32 shall apply.
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34 Sec. 4 -9. Penalty for violation of chapter.
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36 Violations of the provisions of this Chapter may result in the City licenses or permits
37 being revoked; in the issuance of fines of $500.00, per incident, per civil infraction; and
38 further enforcement as provided for under section 1 -8 of this Code. The City Manager'
39 decision whether to revoke a license or permit is appealable, within 15 days to the City
40 Commission.
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43 ARTICLE II, LICENSES
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45 Sec. 4-10. Required.
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2 Sec. 4.11. Subject to city ordinances; revocation.
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6 Sec. 4.12 Qualifications of licensee; fees.
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10 Sec. 4 -13. Annual, semi - annual and for six month periods.
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13 Sec. 4 -14. Application.
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17 Section 2. All ordinances or parts of ordinances in conflict with the
18 provisions of this ordinance are repealed. _ -
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20 Section 3. This ordinance shall be codified and included in the Code of
21 Ordinances.
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23 Section 4. If any section, clause, sentence, or phrase of this ordinance is for
any._.reason.. held._invalid_..or_unconst tutional,_ by_- a . court of competent jurisdiction, the ... __, . ....
25 holding shall not affect the validity of the remaining portions of this ordinance.
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27 Section 5. This ordinance shall take effect immediately upon enactment.
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30 PASSED AND ADOPTED this day of , 2008.
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32 ATTEST: APPROVED:
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35 CITY CLERK MAYOR
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37 1St Reading —
38 2nd Reading —
39
40 COMMISSION VOTE:
41 READ AND APPROVED AS TO FORM: Mayor Feliu:
42 Vice Mayor Beasley:
43 Commissioner Wiscombe:
44 Luis R. Figueredo, Commissioner Palmer:
45 Nagin Gallop Figueredo, P.A. Commissioner Beckman:
46 Office of City Attorney
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
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a 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
PUBLIC HEARING FOR OCTOBER 7, 2008
in the XXXX Court,
was published in said newspaper in the issues of
09/26/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said 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 rriail matter at the post .
office in Miami in said Miami -Dade County, Florida, for a
period 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 * adve is n r publication in the said
newspaper ;Zn n
Sworn to and subscribed before me this
26 day of SEPTEMBER A.D. 2008
(SEAL)
' fq,� Notary Public State of Florida
O.V. FERBE E�r r lly tpgw
�c My Commission D0819771
?oj po� Expires 09/03/2012
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, : Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday, October 7, 2008 beginning
at 7:30 p.m. in.the City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
AN ORDINANCE 'OF' THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
RELATING TO THE PERMIT FEE/FEE SCHEDULE; AMEND-
ING ORDINANCE 32 -01 71763 AND 15 -04 -1822 AS AMENDED
BY ORDINANCES TO, INCREASING- SOME PERMIT FEE,
ADDING NEW FEES AND DELETING SOME FEES FROM THE
SCHEDULE; PROVIDING'FOR SEVERABILITY, ORDINANC-
ES IN CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE`OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ALCOHOL; AMENDING'CHAPTER 4, ARTICLE I, OF THE CITY
OF SOUTH MIAMLCODE OF ORDINANCES BY AMENDING
SECTION 4 -8 BY CREATING A PROVISION RELATING TO
PROHIBITING THE CONSUMPTION OF ALCOHOL IN PUBLIC
PLACES AND CERTAIN PRIVATE PLACLS; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, CODIFICA-
TION, AND AN EFFECTIVE DATE.
AN -ORDINANCE OF THE MAYOR AND CITY COMMISSION'
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
SOLID WASTE;. AMENDING CHAPTER 11, SECTIONS 11V=24.
THROUGH 11 =32; PROVIDING FOR FEES RELATING'TO
ENVIRONMENTAL PROTECTION AND RECYCLING WITHIN
RESIDENTIAL SINGLE - FAMILY HOME DISTRICTS AND
RESIDENCES; FEES, PROVIDING. FOR CODE ENFORCE.,
MENT PROCEDURES; ENFORCEMENT AND: • REGULA-
TIONS; SCHEDULES AND .,ROUTES, TERMINATION;'.
ENFORCEMENT AND ADMINISTRATIVE FINES; AND TO SET-
ASIDE 25 PERCENT OF THE FEES COLLECTED FOR
GREEN RELATED.. IMPROVEMENT WITHIN THE CITY;
PROVIDING FOR .SEVERABILITY, ORDINANCES .IN
CONFLICT, AND AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
THE ISSUANCE OF A CERTIFICATE OF APPROPRIATE'
NESS PURSUANT TO SECTION 20- 5.19'(E)(3) OF THE LAND
DEVELOPMENT CODE TO PERMIT WALL, SIGNAGE ON A
DESIGNATED HISTORIC COMMERCIAL BUILDING
LOCATED AT5900 SUNSET DRIVE (AMSTER PROPERTIES); .
PROVIDING AN EFFECTIVE DATE.
If you have any inquiries on the above items please contact the City
Clerk's office at: 305 -663 -6340
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, 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.
'9/26 08- 3- 86/1091733M
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pool "The Yorkshire House" is a casually elegant 4 /2.5/2 residence
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:CITY OF SOUTH MIAMI '
COURTESY NOTICE y-
NOTICE IS HEREBY given That the Cdy Commission -of the City of Saath Miami, Florida will
conduct Public Hearings afits regularLity, Coin ssion`meeting scheduled for Tuesday, October,
7, 2008 beginning at 7:30 p.m- in the.City Commission Chambers; 6130 Sunset Orive; to consider.:
the following items:
AN ORDINANCE RELATING TO THE PERMIT FEE/FEE SCHEDULE; AMENDING
ORDINANCE -32 -01 -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES
TO, INCREASING SOME PERMIT FEE, ADDING NEW' FEES AND- DELETING.
SOME FEES FROM THE SCHEDULE.
AN ORDINANCE RELATING TO ALCOHOL, AMENDING CHAPTER.4, ARTICLE
I, OF THE CITY OF SOUTH MIAMF CODE OF ORDINANCES BY AMENDING'
SECTION 4 -8 BY CREATING A PROVISION RELATING TO PROHIBITING THE
CONSUMPTION OF ALCOHOL IN PUBLIC PLACES AND CERTAIN TIC
PLACES:
AN ORDINANCE RELATING TO -SOLID WASTE; AMENDING CHAPTER �11;
SECTIONS:11- 24111R00GH 11 -32; PROVIDING FOR FEES RELATING TO-
ENVIRONMENTAL, PROTECTION AND RECYCLING WITHIN. RESIDENTIAL ' :-
SINGLE- FAMILY HOME DISTRICTS AND RESIDENCES; FEES, PROVIDING
FOR -CODE ENFORCEMENT .PROCEDURES; ENFORCEMENT. AND
REGULATIONS; SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT '
X AND ADMINISTRATIVE FINES; AND TO SET ASIDE 25 PERCENT OF THE' -
FEES COLLECTED FOR GREEN RELATED IMPROVEMENT WITHIN THE CITY.'
A RESOLUTION RELATING TO THE ISSUANCE OF •A CERTIFICATE OF, •:
APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) OF-THE LAND .,
DEVELOPMENT CODE TO PERMIT WALL SIGNAGE ON A DESIGNATED
e HISTORIC COMMERCIAL BUILDING LOCATED AT 5900 SUNSET DR
(AMSTER PROPERTIES)DRIVE
If you have any inquiries on the above items 305- 663 -6340 plea
office at se contact the City Clerk's
ALL interested parties are invited to attend.and will be heard.
GET RESULTS: ACTION LINE -
• ROCKWELC�
BLENDING
Ba -riks Say :No .
-. We Say Yesl -
G' d or Bad
Credit Welcome. •-
Stop all Collectors' Calls
• Get Cash =Now Call:
T-8.66-53' 4 -4674
Starting At- '
5 thousand &. UPi
Maria M.Me Menendez, •.• Personal LOar1
Clerk S�
City Clerk
LaeLto Rodda Statutes 286.0105, the City hereby advises the public that -d a person decides to
ny decision made by Mls Board, Agency or Commission with respect to any matter considered AUtO LOa n S
ting or hearing, he or sire will need a record of the proceedings, and that far such purpose r1 (� person may need to ensure that a verbatim record of the proceedings is made which record • Debt `- OnSOI IdotlOn
the testimony and evidence upon which the appeal is to be based.
•. Business Loans