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Home My WebLink AboutO-10869J-91-331 4/11/91 ORDINANCE N0. 10869 AN EMERGENCY ORDINANCE RELATING TO SIDEWALK AND STREET VENDING; AMENDING CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROHIBITING OPEN FLAME COOKING CITYWIDE; MORE PARTICULARLY BY ADDING NEW SECTION 39-18.1 ENTITLED "OPEN FLAME COOKING"; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami is vested with the responsibility to protect the health, safety and welfare of its citizens and visitors; and WHEREAS, the primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic; and WHEREAS, reasonable reaulatinn of of-roo,- - - A __ .. vending is necessary to protect the public health, safety, and welfare; and WHEREAS, vendors are subject to reasonable restrictions in order to ensure the safety of all members of the public using the streets and sidewalks as a public right-of-way; and WHEREAS, the presence of open flames in the public right-of- way threatens the health, safety and general welfare of the citizens and visitors in the City of Miami; and WHEREAS, for the above reasons, it is appropriate that vending activity be subjected to the herein constraint; and WHEREAS, the regulations contained in this Ordinance merely regulate commercial activities on public right-of-ways; and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to make this amendment as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article II, entitled "Sidewalk and Street Vendors", of Chapter 39 of the Code of the City of Miami, Florida, as amended is hereby amended in the following particulars:/ "CHAPTER 39 PEDDLERS, VENDORS, ITINERANT MANUFACTURERS, LOCKSMITHS AND TOOL GRINDERS ARTICLE II. SIDEWALK AND STREET VENDORS See. 39-18.1. Open -Flame Cooking Open flame cooking is prohibited: except that such activitv may take Place as an rote ral palt of and in con unction with a street festival, as approved by City Commission resolution. Said street festival exception shall be sub'ect to the festival or anizers obtainin pjz ermits from the Fire, Rescue and Inspection Services department and such other departments or agencies as may be required by law -----_ Section 3. All ordinances or parts of ordinances insofar as they are inconsistent with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. r Section 5. This Ordinance is hereby 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. Underscored words and/or figures shall be ed. The remaining provisions are now in effect and remain dunchanged. Asterisks indicate omitted and unchanged material. -2- 10869 Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 7. This Ordinance shall become effective immediately upon its adoption. PASSED AND ADOPTED this 11th day of _ April , 1991. G AT CITY CLERK PREPARED AND APPROVED BY: 6,�c� w E. MAXiJELL CHI F ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO GE T N NDEZ CI Y 6TTOR Y JEM:bss ma NyAnQ6 , 10809 MATTY HIRAI City Clerk C s re P. CESAR H. ODIO City Manager April 19, 1991 Mrs. Priscilla Domenech Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Domenech: Enclosed herewith please find a co py of the follo which amend the Code of the City of Miami, FloridaWing Ordinances 10868 10869 Also enclosed is a copy of Resolution 90-882. Please acknowledge receipt of same by affixing the enclosed copy Of this letter and return ittoothis ur lOffice efto or our files. Thank you. RECEIVED BY: DATE: MH:vg Enc. a/s Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CITY RK OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 MATTY HIRAI City Clerk Of cWtoaluto Y? �•c9.e 96'co 4 O � q�FCQ.FI��O April 19, 1991 CESAR H. ODIO City Mansger Ms. Janet Reno State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Reno: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 10868 10869 Also enclosed is a copy of Resolution 90-882. Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk tooBY: DEPUTY CITYCLIMIK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 MIAMI 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 lath says that she is the Vice President of Legal Advertising of the Miami Review, a dilly (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 Legal Notice Re: Ordinance No. 10869 In the..... X X X ............................. Court, was published In said newspaper in the issues of April 17, 1991 Affiant further says that the said Miami 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, each day (except Saturday, Sunday and Legal Holidays) and Florida,as been entered as second es mail matter at the goat office In Miami in said Dade n Florida, for a period of one year next preceding the if pu ilcatlon of the attached copy of advertisement; and affla fu er says that she has neither paid nor promised any Ps r lu 1 for theopurposenany Of securing this ad e,rtl ementet r pub on In the dd newspaper. 400/.,*. 'fin+•»•s � ,+sybscribed `before me this 17th day of C ...:.. ... „ 91 ) + t �►.. A.D. Ili . . + w ... *r*#4TC+ SEAL � nr.•�1CtAL NOTARY SEAL" li=':FYI. H. MARMER N( "'W1,4. EXP. 4112192 i `} o f ,..'i i I 1 i 1. � C_