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Home My WebLink AboutO-121059 J-01-417 7/26/01 w 0 .1 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 19, SECTION 19-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION", TO PROVIDE ADDITIONAL RESTRICTIONS AND PROHIBITIONS RELATED TO PYROTECHNIC DISPLAYS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami has received numerous complaints from its residents regarding the noise and frequency of pyrotechnic displays; and WHEREAS, it is in the best interests of the City and its residents to clarify the permitting requirements and provide additional restrictions regarding noise, frequency, and available times within which pyrotechnic displays can be performed within the limits of the City; 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. 12105 Section 2. Chapter 19 of the Code of the City of Miami, Florida, as amended, is amended in the following particular:l' "Chapter 19 FIRE PROTECTION Sec. 19-7. Manufacture, sale, time of display and discharge of fireworks. The requirements for the types of public notice are as follows: (c) Permit application, issuance. (1) Application for permits shall be made, in writing, at least 34 ten (10) days in advance of the display. The director of the department of fire -rescue may shorten the ten day period, if approval can be processed in a shorter period of time. After such privilege has been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be assigned or transferred, but a permit may be revoked for committing any prohibited act(s) or for other just cause. (2) Permits sought hereunder for pyrotechnic displays (fireworks) shall not be granted for displays to take place between the hours of 11:00 p.m. and 9:00 a.m. on Fridays and Saturdays. On all other days of the week permits shall not be granted between the hours of 9:30 p.m. and 9:00 a.m. The duration of, displays shall not exceed thirty (30) minutes from start to completion. There shall not be more than one displav per event. 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. Page 2 of 4 �� E 0 (3) The restrictions contained in paragraph (c)(2) of this section shall not be applicable en six days each year, including January 1, January 15, July 4 and December 31. (4) The city . commission may relax the restrictions contained in paragraph (c)(2) of this section or declare them inapplicable on special occasions by resolution. The city commission may prohibit the display of fireworks at certain locations to improve duality of life for residents by resolution. 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 shall become effective thirty (30) days after final reading and adoption thereof.�1 PASSED ON FIRST READING BY TITLE ONLY this July , 2001. 26th day of 2/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 or upon the effective date stated herein, whichever is later. Page 3 of 4 12105 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day of September 1 2001. JOE CAROLLO, MAYOR In accordance with Mimi Code Sec. 2-36, since the Mayor did not indicate approval of this lepislation by signing it in tho ca rovided, said' lemislati-mi nr becomes elviective with the alap.3e of ton ds-yc "I n th,-A date 0C regarding same, without the .',,ALycr cxercis a Walter 3.a n, CAy Clerk ATTEST: WALTER J. FOEMAN CITY CLERK ,I-- ) APPROVED/AS TO FORM AND CORRECTNESSt/ LEJ ZO VILARELLO ITY/ATTORNEY 064:GMM:ldp:BSS Page 4 of 4 1. 2 10 5, TO FROM I 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission RECOMMENDATION DATE AUG 3 0 SUBJECT: Amending Chapter 19, Section 19-7 of the Code Of the City of Miami REFERENCES: ENCLOSURES: Ordinance FILE: FM-122.doc It is respectfully recommended that the City Commission adopt the attached Ordinance amending the Code of the City of Miami, Florida, entitled, "Fire Protection", in order to provide additional restrictions and prohibitions; containing a repealer provision, severability clause; and providing for an effective date. BACKGROUND This amendment is due to recent complaints that have been raised by citizens in specific areas concerning quality of life issues (mostly noise). The displays at Viscaya, in particular, have created a vocal group of citizens concerned over hours and permitting of fireworks displays. Under Chapter 19, Section 19-7 of the code, the director of the Department of Fire -Rescue may adopt reasonable rules and regulations for the granting of permits for supervised public displays. Currently the code stipulates that applications for permits shall be made in writing thirty (30) days in advance of the display. The Department of Fire -Rescue has not denied permits because of this thirty -day limit. With regards to the permitting process, the Department of Fire -Rescue is involved to ensure safety and not involved in whether it is good for a particular area of the city. The Fire -Rescue Department has approved those requests they were able to complete in a timely fashion. Included in the proposed changes is one that specifies the permitting process the way it is currently being processed. On July 10, 2001, the City Commission passed the Ordinance during the First Reading by Title Only amending Chapter 19, of the Code of the City of Miami, Florida, entitled, "Fire Protection", with minor modifications to Section 19-7 (c) (3). Other changes to Section 19-7 are proposed to limit the time of displays, based upon days of the week and the duration of such displays. The changes proposed do not eliminate specific areas of the city from having displays. CAG/WWB/MLK/VF/'Jam FM.122.doc 12105 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 Octelma V. Ferbeyre, who on oath says that she is the Supervisor, 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 advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE AMENDING CHAPTER 18/ARTICLE III, ETC. in the ............. XXXXi..................... Court, was published in said newspaper in the issues of Aug 31, 2001 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 mail 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 she has neither paid nor promised any person, firm or corporate ny discount, rebate, com- mission or refuo for the pose f securing this advertise- ment for Dub ation i said no _ naner_ Sworn to and ubscribed before me this 31 AUgUS 2001 ../da y of ..�...., A.D........ (SEAL) MARIA I. MESA Octelma V. Ferbeyre persona ifii� oitcrr<'f�Y COVE IISSION F CC 885640 "1 c Fr;i'I?FS: March 4 2004 ;F F °> 9ondad Thm Natary Public Underwriters --CITY OF MIAIIAI; FLORID/►-----�j OTICE OF..PR®POSED_ ORDINANCES_ I ice is hereby given that the City Commission of the City of,Miami, Florida, will consider the following ordinances on second and final reading on September 13, 2001 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida; t ORDINANCE NO. AN ORDINANCE`OF THE MIAMI CITY COMMISSION, WITH . ATTACHMENT, AMENDING CHAPTER 2, ARTICLE Ili, DIVI- SIGN 4, OF THE CODE OF THE CITY OF MIAMf,,FLORIDA, AS AMENDED,'ENTITLED "ADMINISTRATION, OFFICERS; CITY CLERK," TO REQUIRE THAT CITY OF MIAMI OFFICIALS AND DEPARTMENT DIRECTORS SUBMIT THE DEPARTMENTAL/ OFFICE RECORDS DISPOSITION COMPLIANCE AUTHORI- ZATION FORM, ATTACHED AND INCORPORATED AS "EXHIBIT 1," CERTIFYING THAT THE DEPARTMENT OR OF- FICE IS -IN COMPLIANCE WITH THE CITY'S RECORDS DIS- POSITION REGULATIONS, FLORIDA STATUTES, AND • FLORIDA ADMINISTRATIVE CODE; FURTHER,.COMMENC- ING OCTOBER 31, 2001 AND ANNUALLY THEREAFTER, DI- RECTING THE CITY CLERK OR DESIGNEE TO COMPLETE A RECORDS DISPOSITION COMPLIANCE AUTHORIZATION FORM, TO BE EXECUTED. BY THE CITY MANAGER;,AS THE 1 CITY'S RESPONSE TO _THE 'ST_ATE RECORDS ANALYSIS SECTION OF THE.BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, THAT_THE CITY IS INCOMPLIANCE WITH I ALL RETENTION REQUIREMENTS;, MORE PARTICULARLY - BY AMENDING SECTION 2-143 OF SAID CODE; CONTAIN- ING A, REPEALER PROVISION AND A .SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. i ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING THE CODE- OF THE CITY OF MIAMI, FLORIDA,. AS AMENDED,. BY AMENDING THE CHAPTER ENTITLED "COMMUNITY REVITALIZATION" TO CREATE AND ESTAB- LISH THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE '"TRUST")BYDESIGNATING THE TRUST'S JURISDICTIONAL F_ AUTHORITY AS AN AGENCY AND=INSTRUMENTALITY"OF THE CITY OF MIAMI;"SETTINGFORTH THE TRUST'S PUR- POSE, POWERS AND DUTIES, INCLUDING BUT NOT LIMIT- ED TO>TO SUE AND BE SUED, PLEAD AND IMPLEAD, CON- TRACT AND BE CONTRACTED WITH, AND TO OWN AND DISPOSE OF REAL PROPERTY; PROVIDING FOR COMPO- SITION AND APPOINTMENTS AND PROCEDURES, NOMINA- TION AND ELECTION PROCEDURES, TERMS OF OFFICE; VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTEN- DANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND I VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AN EXECUTIVE DIRECTOR AND STAFF, COUNSEL, BUD= GET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR °SUNSET" REVIEW; MORE PARTICULARLY BY AMEND- I _ING SECTION 2=892 AND ADDING NEW DIVISION 3 TO THE . - p CHAPTER,, ENTITLED "COMMUNITY REVITALIZATION;" OF'. •THE,CODE; CONTAINING A REPEALER PROVISION, A SEV- ERABILITY. CLAUSE; EV-ERABILITY.CLAUSE; AND PROVIDING FOR AN EFFECTIVE j DATE; AND PROVIDING FOR .INCLUSION IN THE CITY I -J 0Rn ORDINANCE,NO: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH- ATTACHMENT(S), APPROVING THE AMENDMENT TO THE CREATION OF THE "BAY HEIGHTS ROVING SECURITY GUARD SPECIAL -TAXING DISTRICT" . BY MIAMI-DADE COUNTY TO INCREASE THE OFF-DUTY, POLICE ROVING. ` PATROL SERVICES FROM EIGHT HOURS TO SIXTEEN .HOURS PER DAY FOR THE BAY HEIGHTS NEIGHBOR- _4 HOOD, MIAMI, FLORIDA; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF MIAMI AND MIAMI=DADE COUNTY RE- QUIREMENTS; APPROVING NECESSARY -EXPENDITURES FOR SAID ROVING OFF-DUTY, POLICE PATROL SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES; REQUIRING EXECUTION OFA NEW •INTERLOCAL AGREE- MENT, IN ,SUBSTANTIALLY THE ATTACHED FORM_ , WITH MIAMI-DADE COUNTY; CONTAINING A REPEALER PROVI- SION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EF- FECTIVE DATE.. ORDIN AN ORDINANCE OFT E MIAMI CITY.COMMISSION AMEND- ING CHAPTER 19, SECTION 19-7 OF THE CODE.OF THE CITY OF MIAMI, FLORIDA, AS 'AMENDED, ENTITLED "FIRE PROTECTION," TO PROVIDE ADDITIONAL RESTRICTIONS. AND PROHIBITIONS RELATED TO- PYROTECHNIC DIS- PLAYS; CONTAINING A REPEALER PROVISION, SEVERA- BILITY .CLAUSE; AND PROVIDING FOR AN EFFECTIVE 1 .. DATE,, j ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY'COMMISSION AMEND- ING CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/ PURCHASING AND CONTRACTS GENERALLY' TO AU- THORIZE THE CITY:MANAGER TO DEBAR AND -SUSPEND I ANY ENTITY CONTRACTING WITH THE CITY FOUND IN VIO- LATION OF A ZONING ORDINANCE OR ANY OTHER CITY ORDINANCE OR REGULATION AND FOR WHICH THE VIO- LATION REMAINS -NON-COMPLIANT OR FOUND IN VIOLA- TtON OF -A ZONING ORDINANCE OR ANY OTHER_CITY OR-- DINANCE OR REGULATION AND FOR WHICH'A CIVIL PEN- ALTY OR FINE.IS-DUE AND OWING TO THE'CITY; MORE PARTICULARLY -BY -AMENDING SECTION 18-102 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m, and 5'j p.m: I All interested persons may appear at the meeting and may be heard I with respect to the propose .ordinances. Should any person desire to ap-. peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence ? ;upon which any appeal may be •b'ased.` . WALTERrJ. FOEMAN CITgo Y'CLERK Oq�f�eP1A�`4Y (#10334) 8/31___ I