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HomeMy WebLinkAboutO-12286J-02-907 10/10/02 ORDINANCE NO. " AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NEWSRACKS ON PUBLIC RIGHTS-OF-WAY" TO DELAY BY 60 DAYS (UNTIL DECEMBER 9, 2002), THE EFFECTIVE DATE FOR DISTRIBUTORS TO COME INTO COMPLIANCE WITH REQUIREMENTS CONTAINED THEREIN; MORE PARTICULARLY BY AMENDING SECTION 54-270(a) OF SAID CODE;, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 54/Article VII of the Code of the City of Miami, Florida, as amended, entitled "STREETS AND SIDEWALKS/NEWSRACKS ON PUBLIC RIGHTS -OF -WAYS", is amended in the following particulars:l/ "Chapter 54 STREETS AND SIDEWALKS Article VII. NEWSRACKS ON PUBLIC RIGHTS -OF -WAYS 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 12286 Sec. 54-270. Enforcement procedures non -conforming newsracks; removed/storage. (a) Provisions of this article shall become effective immediately as provided by law, provided however, the distributor shall have 18 months fe le g he ad ptien ?ate until December 9, 2002, to come into compliance with any of the following new requirements set forth in subsections 54-267(b)(15) and (16); 54- 268(a), (b), and (c); and 54-269. Notwithstanding the foregoing, each distributor shall be responsible for having one-third and two-thirds of their newsracks installed, in compliance. with all provisions of this article, new and existing requirements alike, within the sixth and twelfth month following the adoption date respectively. At any time thereafter, any newsrack in violation of any provision of, this article shall be subject to a fine or removal as set forth in this article or alternatively the city may pursue remedy and due process under the provisions of section 2-811 et seq. of this Code pertaining to the code enforcement board. Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed.. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and to generally carry on the functions and duties of municipal affairs. Page 2 of 3 12286 Section 5. The requirement of reading this Ordinance on two separate days is dispensed with by an affirmative vote of not less than four-fifths of the members of the Commission. Section 6. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED BY TITLE ONLY this 10th day of October , 2002. �c c 42,�ANKL A. DIAZ, MAYO ATTEST: PRISCILLA A. HOMPSON CITY CLERK 1337:YMT:MJC:BSS If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 r