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Home My WebLink AboutO-11815J-99-463 5/28/99 11815 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED . "PARKS AND RECREATION/USE REGULATIONS", TO CHANGE THE LANGUAGE TO BE CONSISTENT WITH FLORIDA STATUTES AS IT RELATES TO THE FLORIDA LITTER LAW; MORE PARTICULARLY BY AMENDING SECTION 38-63 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 38-63 of the Code of the City of Miami, Florida, as amended, (the "Code") was determined to be in conflict with the Florida Litter Law §403.413 F.S. by an Order entered by the Eleventh Judicial Circuit Court in Miami -Dade County; and WHEREAS, pursuant to said ruling, it is necessary to amend the Code to change the language to be consistent with §403.413 F.S.; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this • Section. Section 2. Chapter 38/Article II, of the Code of the City of Miami, Florida, as amended, entitled "Parks And Recreation/Use Regulations", is hereby amended in the following particulars:I/ "Chapter 38 PARKS AND RECREATION Article II. USE REGULATIONS Sec. 38-63. Disposal of Trash. All t Trash is to be deposited in trash h- jprnvisinns • • •. -c; qeetinn 1 may he amend-• or - -• •mo- to time, •- nt to thp • •. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the �i 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. - 2 - 11815 i 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." PASSED ON FIRST READING BY TITLE ONLY this 8th day of June 1999. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day of July 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the M for did not indicate approval of this legislation by signing it in the designated pl provided, said legislation no%,j becomes effective with the elapse of Amn (10) dm the da" f Co rmiss' action regarding same, without the Mayor exercisjng�r'�toAJOA. /Ji' � ) ATTEST: WALTER J. FOEMAN, CI APPROVE W71*? : RCL LERK CORRECTNESS:L Clerk zi 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. - 3 - 11815 CITY OF MIAMI CITY ATTORNEY'S OFFICE - MEMO TO: Honorable Mayor and Members the ssion FROM: Alejandro Vilarello, City orney DATE: May 28, 1999 RE: Ordinance -City C s n eting of June 8, 1999 An Ordinance ding Ch er 38, Article II of the Code of the City of Miami, Florida, as ended. (J-99-463) Section 38-63 of the Code of the City of Miami, Florida, as amended, was determined to be in conflict with the Florida Litter Law §403.413 F.S. by an Order entered by the Eleventh Judicial Circuit Court in Miami -Dade County. The attached Ordinance amends the Code to change the language to be consistent with §403.413 F.S. W334:RCL c: Donald H. Warshaw, City Manager Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator 11815 • 11 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 1181.5 In the .......... XXXXX ..................... Court, waalpyblls�ed In saidgj7paper In the Issues of Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant. further says that she has neither p or promised any person, firm or corporation any di un rebate, commission or refund for the purpose of s rin this advertisement for publication In the said 28 Swgm to and subscribed before me thi �1 1 Y y ...... dayof......................... A.D. 19...... C......�?�+��6fY . • i��lr etrrt ............ (SEAL) / P PL OFFICIAL NOTARY SEAL Sookle Willie ersonaf nd MESI&. FI MARMER 2 n COMMIGSION KAABER CC545334 s. MY C08,1htl11Si0rq Xl't AES �OF F_0 APR. 12,20-j'01 CITY OF_MIAM19 FLORIDA .. 7-7- LEGAL NOTICE All interested persons will take notice that on the 13th' day. of July,. 11999, the City. Commission of Miami, Florida adopted the following ti tle_d ordinances: J ORDINANCE NO. 11811 AN ORDINANCE -OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE .FUND ENTITLED: "MIAMI COUNTY EMS GRANT AWARD I : (FY '98-99)," AND` APPROPRIATING FUNDS FOR THE OPERATION OF •SAME 'IN' THE TOTAL AMOUNT OF $218,135.82, CONSISTING OF A $98,135.82, GRANT APPORTIONED -BY.' MIAMI-DADE:: COUNTY , FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATION SERVICES "GRANT,`PROGRAM- FOR COUNTIES," AND $120,000.00 IN CARRY-OVER, FUND BALANCE- FROM PREVIOUS EMS GRANT AWARDS;_ AUTHORIZING•THE CITY MANAGER TO ACCEPT SAID 1 I GRANT AWARD AND. TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM- ACCEPTABLE TO THE. CITY ATTORNEY, FOR- -SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. { ORDINANCE NO.11812 f AN. ORDINANCE OF THE MIAMI- CITY COMMISSION I AMENDING CHARTER-35/ARTICLE VIII OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED: "MOTOR VEHICLES AND TRAFFICNALET`PARKING";. PROVIDING, . ! FOR THE ESTABLISHMENT OF VALET PARKING IN 6FFICE, COMMERCIAL AND .INDUSTRIAL DISTRICTS — -- �CITYWIDE; PROVIDING FOR BIANNUAL PERMITS, AND RELATED FEES, RULES, REGULATIONS, RESTRICTIONS, AND APPEALS; SETTING FORTH. ENFORCEMENT PROVISIONS; MORE PARTICULARLY BY .AMENDING SECTIONS 35-302 THROUGH _35-31.1, AND ADDING,NEW SECTION 35-312 OF SAID '_CODE; _- CONTAINING A . REPEALER PROVISION AND A- SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11813 AN ORDINANCE - OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI,_ FLORIDA, AS.AMENDED, TO INCORPORATEPROVISIONS FOR THE IMPOSITION AND . COLLECTION' OF . A PARKING FACILITIES SURCHARGE AT =A .RATE OF. TWENTY PERCENT (20%) OF THE FEE PAID FOR THE,USE OF A PARKING SPACE IN. A PARKING FACILITY' N THE CITY OF MIAMI; PROVIDING'DEFINITIONS; SETTING FORTH PROCEDURES FOR COLLECTION AND PROVIDING PENALTIES FOR NONCOMPLIANCE; CONTAINING, A j REPEALER PROVISION .AND A SEVERABILITY CLAUSE; - PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. ORDINANCE NO.11814 AN ORDINANCE OF, THE MIAMI CITY' COMMISSION AMENDING. CHAPTER 13/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "DEVELOPMENT IMPACT FEES/IN GENERAL," TO j ELIMINATE THE EXEMPTION FROM.'THE PAYMENT OF IMPACT FEES 'FOR ANY DEVELOPMENT USING, CITY - OWNED LAND; MORE PARTICULARLY BY AMENDING i SECTION 13-2 AND 13-6 OF SAID CODE; CONTAINING A.. REPEALER PROVISION AND A SEVERABILITY CLAUSE; L - _AND PROVIDING FOR AN EFFECTIVE DATE. Ll ORDINANCE NO.1 — —. AN ORDINANCE OF THE MIA ITY' COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF . THE CITY OF MIAMI, FLORIDA, AS AMENDED,, ENTITLED: "PARKS AND .RECREATION/USE REGULATIONS," TO CHANGE THE LANGUAGE TO ;BE CONSISTENT WITH FLORIDA STATUTES AS IT RELATES TO THE FLORIDA LITTER LAW; MORE PARTICULARLY BY AMENDING SECTION 38-63 OF SAID CODE; -CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR.AN EFFECTIVE DATE. }: ORDINANCE NO.11816 AN ORDINANCE OF THE MIAMI CITY. COMMISSION AMENDING CHAPTER 2/ARTICLE V OF.THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE., ; "CODE") ENTITLED: "ADMINISTRATION/CONFLICTS-OF: INTEREST," TO LIMIT A CITY EMPLOYEE'S APPEARANCE BEFORE ANY CITY.OF MIAMI BOARD; COMMISSION OR AGENCY; MORE PARTICULARLY -- BY AMENDING , j SECTION 2-612 OF SAID CODE; CONTAINING . A RE- PEALER PROVISION AND,A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Said 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 p.m. - lI WALTER J. FOEMAN 1 ' 9p�CQ,F�o CITY CLERK '` i (#4716) ff �7%28 _q%+072855M} • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORD. TO INCORPORATE PROVISIONS FOR THE IMPOSITION AND COLLECTION OF A PARKING FACILITIES SURCHARGE, ETC. XXXXX inthe................................................................................ Court, we .elish?d in sai gTspaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 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 corporation any discogpt, rebate, com . i r re nd for the purpose of securAq this adve ' e for publication in the said S d sub ribed f me t 2 V9 d6v of...........>, ... , A.D. 19...... _ ............... r ...... .... �, ... _ ...... .... .�-------- ---------------- (SEAL) •�P1tY f•U TAR�T SEA FFIClAL NO Octelma V. Fe y 4ty%- kn ANnr�E�t�T�_TR�n1eeLLEFIENA l�I1b" SW NUMBER Q CC566004 11 MY CCMMISSION EXPIRES FOF FLOC JUNE 23,2000 ' CITY".OF INIAINI, FL�RIDA NO'PICE OF :PROPOSEl NOES !7 L B r Notice is hereby given that the City Cor mTL§p n of the,CltS of Mi=�a• ami :Florida will consider the following o[dmances"on second and final' reading on July 13',- 1999 commencing, at .46:00 a m ic7`fthe City Commission Chambers; 3500 Pan Ameiican*&iv' -Miami F- ida "";�- ~* u ORDINANCE NO C-r a ANi ORDINANCE OF THE .,,M. IA&I CITY COMMISSION �. AMENDING -CHAPTER 13/ARTICLE I OF THE CODE THE CITY OF MIAMI` FLORIDA '-AS°,AMENDED ENTITLED "`DEVELOPMENT, IMPACT FEES/IN GENERAL" TO ELIMINATE THE ;EXEMPTLON FROM THE- ;;PAYMENT OF j 'IMIRACT4FEES; FOR ANY-,bEVELOPMENT'.USING CITY OWNED`'LAND »MORE_.PARTICULARLY-;BY rAMENDING- SECTIONS 13 2.AND 13 6.OF SAID CODE;' CONTAIN IN G A, _• ,REPEALER PROVISION4AND A'SEVERABILITY; CLAUSE; :- AND-,PRQVIDING,FOR,AN EFEECTIVEDATE "ORDINANCE NO f, <AN ORDINANCE OF.' THE CITY ., COMMISSION ESTABLISHING -A : NEW; SPECIAL REVENUE . FUND 'ENTITLED MIAMI DADE,COUNTY EMS GRANT-.AWAFIUr (FY 98-99) - AND APPROPRIATING FUNDS FOR THE 'OPERATION'OF` SAME';IN THE. TOTAL:=AMOUNT OF"., $218135.82;-' CONSISTING OF. A7 $98;1:3582 GRANT ' `APPORTIONED 'BY' •MIAMI DADE:"COUNTY FROM THE ' STATE'OF FLORIDA'DEPARTMENT OF: -HEALTH: AND i t '-REHABILITATIVE'`SERVICFS 'GRANT- PROGRAM' FOR I COUNTIES ''AND $126000 00 `lN CARRY OVER 'FUND BALANCE FROM, PREVIOUS EMS GRANT, AWARDS; I AUTHORIZING 'THE, CITY. MANAGER TO ACCEPT. SAID, GRANT ._AWARD,AND TO. EXECUTE THE NECESSARY 1 DOCUMENTS,,IN" A FORNI`-ACCEPTABLE TO.THE`.CITY ' t 'ATTORNEY,. FOR SAID .PURPOSE; .CONTAINING A REPEALER PROVISION AND A SEVERABILITY_CIAUSE ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY -COMMISSION AMENDING CHAPTER 35/ARTICLE VIIPOF-THE CODE OF ..THE CITY. CF MIAMI,, FL-ORIDA;. ENTITLED: 'MOTOR VEHICLES AND TRAFFIC/VALET PARKING"; PROVIDING �• FOR _THE ESTABLISHMENT OF VALET :PARKING -'IN OFFICE-,:-COMMERCIAL,<;AND INDUSTRIAL., DISTRICTS I CITYWIDE; PROVIDING' FOR BIANNUAL PERMITS,• AND RELATED;FEES, RULES,.REGULATIONS, RESTRICTIONS,' AND APPEALS*;,-7SETTING FORTH- ENFORCEMENT ! PROVISIONS,, MORE ;-PARTICULARLY. BY AMENDING SECTIONS 35-202 THROUGH 35-311, AND'ADDING NEW. j SECTION 35-312 -OF .--SAID ,CODE -'CONTAINING A REPEALEFU PROVISION_-AND',A SEVERABIL-ITY CLAUSE-,-, . 1 -AND PROVIDING FOR AN EFFECTIVE DATE:: ORDINANCE NO - AN" "ORDINANCE'.-OF„THE" ;MIAMI,, CITY.... COMMISSION.. AMENDING C-HAPTER 38/ARTICLE II'OF'TME CODE OF, f THE CITY OF' ENDED, ENTITLED: PARKS -AND-?FIECREATION/USE:.REGULATIONS; " TO I 'CHANGE THE 'LANGUAGE. TO _BE CONSISTENT' WITH f FLORID STATUTES AS -;IT: RELATES TO;' -THE, FLORIDA LITTER _.L.AW; MORE -PARTICULARLY BY ---AMENDING. SECTION, 38-63.__OF-.SAID ..CODE, CONTAINING A EALE REPR'PP90VISION`AN'D"A-SEVERAB_IL'ITY`CLAUSE;- PROVIDING FOR AN EFFECTIVE DATE i ORDINANC E NO. _AN ORDINANCE `OF • THE. -MIAMI CITY COMMISSION -F AMENPIN4TH*E CODEbF-THE CITY OF MIAMI;LORIDA � ' I -AS.A1�1ENbEDJ& mbOORATE'0RbVISIONS. FOR THE IMPOSITION . AND-.' 'COLLECTION OF,,, PARKING FACILITIES SURCHARdff':AfTHE ._RATE -:OF TWENTY PERCENT'(20%):OFTHE-'FEE PA16��OR THE LISE-OF.-A PARKINGSPACE."IN A PAkKINGfAbILItYAN THE CITY'- -' cOF- MIAMI,:., PROVIDING .DEFINITIONS 'SETTING -FORTH. S PROCEDURES - FOR- COLLECTION '-AND '_, PROVIDING .A- ' PENALTIES- NONCOMPLIANCE -." CONTAININ(j- REPEALER 'PROVISION' AND "k. §EVERA1310TV- cLAuSE' - PR I OVIDING'. FOR AN EFFECTIVE -DATE; AND _PROVIDING FOR,INCLUS ION -IN. THE -`CifYd0DE.`z-: 'ORDINANCE NO AN 'ORDINANCE OF THE 'MIAMI CITY COMMISSION - VAI�TICLE_.V OR41HE CobI2--OF TER,. AMENDlNG4C.HAR,1 IDA, `AS; -AMENDED AS;AMENDED (THE,-: THE-'- CIT.Y..,(?F,.-CITY.-� TLOR �CObE".).-ENTITLE.O:'.YAbMINISTRAtION/CONrLICTS OF. — !INTEREST," TO -LIMIT A CITY EMPLOYEE'S -APPEARANCE BOARDCOMMISSION BEFORE ',ANy_q"y-QF MIAMI.BOA , -b.q:' M . 0 1 RE P I AkTICQLARLY�-�BY, - - AMENDING AGENCY;` �'A R SECTION - 2-612 -OF SAID , CODE,. CONTAINING - ' ' E PEALER-PROVISON AND A� SEVtRABI CITY,, CLAUSE PROVIDING FOR'A,NEFFECTIVEI)ATE .Said prop . osed ordInhnce§,maq be d-O insp-ected"16y' lid-fibblic at the Florida,ic6.6f the City Clerk, 3500 PinArperican'Drive,. i i,Fk or id ' Mon - I day through', Frida-y,-,'excluding . !tdays between -the hours; 6f8, asn; and5pm '', -All interested pdr'sops may appear,at. and may be -heard- , theIr - . meeting, , .1 - 11 with - respect to tH6,propqsed,qrdinaric6s.:18N '. Old any p6rson desire to appeal a6y,decision of thp-city,pommission'Wth respect to any -matter' to be'c - o'nsider6d,-a0hisrriebting, that, lj6r�soksh'A ensure that a ver- batim of the. Proceedings isinade'.i66ud`9 all Jesti "mony_and evidence 4,o�,yvkrqh.any appeal ,may 0ebased:.,' J J;1FOEMAN CITY CLERK t:11 5243) 0204M r :r4 - -4 o C) 1ITI < > CZ)