HomeMy WebLinkAboutO-12024U
J-01-141
2/08/01
12024
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 38, ARTICLE I,
SECTION 38-69, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED,
"PARKS AND RECREATION, USE REGULATIONS,
ALCOHOLIC BEVERAGES; INTOXICATED PERSONS,"
TO INCLUDE JOSE MARTI AND MAXIMO GOMEZ
"DOMINO" PARKS AMONGST THOSE PARKS AT
WHICH ALCOHOLIC BEVERAGES MAY BE POSSESSED
AND CONSUMED; MORE PARTICULARLY BY
AMENDING SECTION 38-69 (a) (1) OF SAID CODE;
CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami authorizes the City
Manager or designee to permit the sale or dispensing of wine and
beer in soft containers in certain parks, on special occasions,
and for special events or programs, upon execution of the
application/permit form and upon the review, recommendation and
written approval of the departments of police and parks and
recreation; and
WHEREAS, the Code of the City of Miami does not provide for
the sale and dispensing of other alcoholic beverages in soft
containers in Jose Marti and Maximo Gomez "Domino" Parks; and
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WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami and
its inhabitants to amend the Code of the City of Miami to add to
the parks where the sale and dispensing of alcoholic beverages
is permitted;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in
the Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Chapter 38, Article, II, Section 38-69 of
the Code of the City of Miami, Florida, as amended, is amended
in the following particulars:'/:
"CHAPTER 38
PARKS AND RECREATION
ARTICLE II. USE REGULATIONS
Sec. 38-69. Alcoholic beverages; intoxicated
persons.
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.
G
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(a) Possession or consumption of . alcoholic
beverages within park limits of any public park is
prohibited except as follows:
(1) Alcoholic beverages may be sold and consumed
at Fort Dallas Park, Bicentennial Park, the
FEC Property, Jose Marti Park, Maximo Gomez
"Domino". Park, and Bayfront Park as follows:
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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 5. 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.
Section 6. The requirement of reading this Ordinance on
two separate days is dispensed with. by an affirmative vote of
not less than four-fifths (4/5ths) of the, members of the
Commission.
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Section 7. This Ordinance shall become effective
immediately upon adoption and signature of the Mayor 2/
PASSED AND ADOPTED BY TITLE ONLY this 8th day
of February 2001.
JOE CAROLLO, MAYOR
In acccrdanc4 with Miami Coati 5cc. 2.38, since +he rt+ did not indicats approval of
this legislation by sinning it in t;:o c;esignatsct A?F
iar ��:'otic;;�d
becomes effective .vitt, tt?o _ , said legislation
�s�en Uio d2.f0% sion
regarding same, without the Mavo �YhFir�:f �r:
r
ATTEST:
WALTER J. FOEMAN
CITY CLERK
WalteQJ. Foe ,
2/ 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.
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