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HomeMy WebLinkAboutO-10045C-85-978 9/27/85 ORDINANCE NO. 1.1).() 4 AN EMERGENCY ORDINANCE AMENDING THE CODE OP THE CITY OF MT.AMI, AS AMENDR Dt BY AMENDING ; ARTICLE It ENTITLED "STDEWAtX AND STREET V8MDORS," OF CHAPTER 39 OF SAID C00E By PROVIDING A DEFINITION OF "WRITTEN MATTSR"; PROVIDING FXEM.PTIONS FROM SPECIFIED SECTIONS OF SAID ARTICLE FOR VENDORS WHO EXCLUSIVELY VEND WRITTEN MATTER; PROHIBITING VENDING FROM ON=STREET PARKING SPACES OR LOADING ZONES; PROVIDING THAT VENDING FROM MOTOR VEHTCLFS MUST BE OFF THE ROADWAY WHEN THERE IS NO CURB, AND RESTRICTED TO OCCUPANTS OF AAUTTING PROPERTY ONLY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE COMMISSION. WHEREAS, the City Commission hereby finds and declares that it is consistent with the principles of free speech and freedom of the press to immediately eliminate as many restrictions on the vending of written matter as is consistent with the public health, safety and welfare; and WHEREAS, the City Commission further finds and declares that vendors who exclusively vend written matter should be free from licensing requirements; and WHEREAS, it is further found and declared that vendors who exclusively vend written matter with the aid of small portable stands should be exempted from certain restrictions contained within Ordinance No. 9880, on the time, place and manner of their vending activity insofar as such exemption does not constitute a threat to the public health, safety or welfare; 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 grant these amendments as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI Sectir�n 1. Article tt, ent3.ti.ed 08idewAlk and Street Vendors," of Chapter 39 entitled "Peddlers, Vendors, Itinerant Manufacturers# tocksmiths and Pool OrInders," of the Code of the City of Miami, as attended, is hereby further amended as follows! "CHAPTER 39 PSDnLSRS, VM)ORS, MNRRANT MANUVACTURERS, LOCKSMTT148 AND TOOL GRNOERS ARTICLE tt. S108WALX AND STREET VENDORS Sec. 39-11. Definitions. Wholesale Peddler.... Written matter is defined as newspapers, eriodicals, books, pamphlets or other similar written matter. Sec. 39-16. Vending Prohibited in Certain Locations. Vending is prohibited in the following locations. (2)- From a public parking lot, -e-r- metered or unmetered parking space, on -street parkin space, or loading zone. Sec. 39-18. Prohibited. Conduct. No vender shall: (13) No vendor from a motor vehicle shall: ( b) Stop, stand or park his motor vehicle upon any street or permit it to remain there except on the roadway at the curb 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, f of the purpose of vending therefrom or in instances where there is no off the roadway. to eithArinstance� sales, shalt be to occupants of abutting property only, Sec. 39-26. Exemptions as to Farm Products, Sec. 39-26.1. tIxemotions for Vendors who exclusively vend Written Matter. Vendors who exclusively vend written matter are exempt from the following provisions of this Article; Sections 39-12 thru 39-16, 39-17, 39-18(l)-(2), 39- 18(11), and 39-19." Section 2. All laws, or parts of laws in conflict herewith are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of. this Ordinance be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whol e . Section 4. This Ordinance is hereby declared 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 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by a four fifths vote of the members of this City Commission. PASSED AND ADOPTED this 26th day of September 1985. A ES- Maurice A. Ferre yor MAURTCE A. FFRRE, Ma PA81?Aft8b AND APPAOV0 AYt jr A J I co b E. MAXWBLL jJ6 I, i8tant City Attorney APPROVgk-0 TO VORM AND COARSCTMESS! L, IUI C I A A S.LUGHERTY City Attorney iRM/wpc/pb/B169 1, —Tie, Clerk or the Cite Of Florida, licr,.�bv ce.n."y ihat oil A. D. 1,11:, tl'UJ :11IJ Mid for noii-,: s !;i,i raubX.-t-io,-s b.v 11w pia.:- .,r,,!vf:jcd thcrc;m. \VITINESS lily liz.11d and tht official Nva! of City this.... dav of i� i/� A D P)" .......... ity Clerk CITY OF- MIAW PLOWbA tNTCR-bt f�1 B� kg�NDUM r 4L -, DArE FILE; 70: Matty Hirai r ,�� `' s, SPptemhPr 880 1985 City ClerkYt,t (i� Att: Sylvia Lowman %�►+�►'(1F-; ri4ECI Amended emergency beputy City Clerk � ``, F�, Ordinance PAK FROM Joel E. Maxwell y REFERENCESPu Telephone Convey - Assistant City At orney sation of 9/27/85 ENCI.O5URES Attached hereto is an amended original copy of the non - agenda emergency ordinance which was passed right after agenda item 21 during the City Commission meeting of September 260 1985. Again, this is the revised emergency ordinance that was passed just after agenda item 21. Said attached emergency ordinance amends Chapter 39 of the Code of the City of Miami pertaining to vendors and peddlers. It exempts vendors who exclusively vend written material from certain provisions of Chapter 39 of the Code. JEM/wpc/ab/B152 cc: Sergio Rodriguez Att: Joyce Myers Peter Andolino of DDA MIAMI REVIEW AND DAILY AECOAD Published belly except Saturday, Sunday and Legal Holidays Miami, bade County, Florida. STATE OF FLORIDA COUNTY OF DADE. before the undersigned authority personally appeared Sonia Halligan, who on oath says that she Is the Assistant to the Supervisor of Legal Advertising of the Miami Review and Daily Record, 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 Re: ORDINANCE NO. 10045 Inthe ....X..X..X.:........................... Court, was published In said newspaper In the Issues of Oct.2, 1985 Afflant further says that the said Miami Review and Daily Record Is a newspaper published al Miami In said Dade County, Florida, and that the said newspaper has harotofore 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 aHfant further says that she has neither Pvd nor ( ::d any person, firm or corporation any discount, rotate, commission or rotund for the purpose of securing this advertisement for publication in the said newspaper. S, tlttlllll/ll/�� �f..;.i ..4.®r .......... . 0 'wom jq sttbacribed tfooro me this Tx 2nd of +.* :. N�ct y ,p.a tg...85 ;,�. _ f fly. 3 jPubllc, SOle do at Large (SEAL) • • • + •1;� My Commission expl4d,04'q Hutt MR Iff dAA116 0 t NHA*AtDA LIGAtL1181110 i All IPtift4tild perb5nl1 AiIII tllk8 fj6IID8 that 6M th11 QBth df'ry bt goplo bob, 1§65, tho tatty 006It btl n of Miami, F16f1ft, 6660t8d tha f6llftlha till6d 61`11Ininib4(b) C 13INANCE N+O.10049 AN ORDINANCE AMtNbiNd tHE 20NING AT1AA$.Cir �i�t34 r±1Nf3iNbs; ANEi>3Y MAKING ALL1`HE NECE9'SARY-,; CHANGES ON PAGE NO. 24 OF SAID 20NINO ATLAS MADE A PART OF ORDINANCE NO.9500 BY REI=ECaENtE ANb t t90h PMN IN ARTICLE 8, SEOTION"8G0, THERE. A6iL �Y �AL,4U �,A �tEfiEALER PROVII;t�SN A 6 A $ E A- } ORDINANCE NO.1004S .AN EMERGENCY ORDINANCE AMENbING.SEOTIONS 112,5 AND 8 OF ORDINANCE NO, 9001, ADOPTED SEPTEMBER 21, 184, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER W.1985, AS ` AMENDED BY INCREASING THE APPROPRIATIONS FOR THE GENERAL "OBLIGATION BOND FUND IN THE AMOUNT OF $561,500 AND BY INCREASING REVENUES IN .THE SAME AMOUNT FROM FY'84 DEBT SERVICE FUND 'BAL- ANCE TO PAY FOR $561,500 OF ADDITIONAL INTEREST., PAYMENTS DURING FY'85 AS A RESULT OF.THE RECENT' SALE OF $12,000,6M IN GENERAL OBLIGATION BOND ANTICIPATION NOTES, BY INCREASING ENTERPRISE FUND REVENUES IN THE AMOUNT OF $608,400, $2*400 .FOR THE CONFERENCE CENTER, AND $270,000 FOR THE MUNIC, IPAL AUDITORIUM BY INCREASING FY'85 APPROPRIATIONS IN ALIKE AMOUNT, FOR THE PURPOSE OF APPROPRIAT- ING,$238,400 OF ADDITIONAL REVENUE, FOR THE CON- FERENCE CENTER AND FUNDING DEFICITS ACCUMU- LATED IN PRIOR YEARS FOR THE MUNICIPAL AUDITO RIUM TO BE FUNDED ,FROM A CONTRIBUTION FROM THE GENERAL FUND BY INCREASING THE SPECIAL REV- ENUE'FUND, RESCUE SERVICES, IN THE. AMOUNT OF $50,072 FROM FUND BALANCE, BY INCREASING THEFY'85.. APPROPRIATIONS FOR RESCUE SERVICES.;1N A LIKE' AMOUNT FOR THE PURPOSE OF PURCHASING- TWO "t2) BASIC LIFE SUPPORT VANS, BY INCREASING' TRUST AND AGENCY REVENUE PENSION,- IN'THE AMOUNT OF $1,120,000,. BY INCREASING THE APPROPRIATION FOR PENSION IN A LIKE AMOUNT FOR THE PURPOSE -OF MEETING THE ACTURIAL REQUIREMENTS FOR THE SET- TLEMENT OF THE PENSION LITIGATIONS"AND"TO'AD,E- OUATELY.PROVIDE FOR THE PAYMENT TO, POLICE AND FIRE SUPPLEMENTAL PENSION FUNDS, ALSO AUTHOR- IZINGTHE FINANCE DIRECTOR TO APPROVE AND RECORD IN THE POOLED CASH AND'INVESTMENTS.GROUP OF. ACCOUNTS THE CITY'S'PAYMENT, OF BANK AND.INVEST :' MENT MANAGEMENT CHARGES IWTHE AMOUNT, OF $62,000, RETAIN AND RECORD AS COMMUNITY DEVEL- OPMENT:PROGRAM REVENUE THE INTEREST EARNED . ON: H.U.D. FUNDSAN,THE'AMOUNT:'OF..$224,650 AND, ESTABLISH`ARESERVE' FO,R.POSSIBLE;'COSSES'ON INVESTMENTS'INTHE AMOUNT OF;$300,000;CON7AINING . A REPEALER PROVISION AND A SEVERABILITY CLAUSE, ORDINANCE NO.1 10044 ' AN ORDINANCE, REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC RIGHTS -OF -WAY IN I'HE CITY OF MIAMI AND IMPOSING SAFETY AND AESTHETIC,RESTRIG TIONS RELATED THERETO; PROVIDING' A",STATEMENT OF PURPOSE; PROVIDING THAT SAID ORDINANCE SHALL BECOME EFFECTIVE UPON ADOPTION WITH THE'PRO VISIONS THEREOF BEING OPERATIVE UPON "ALL SUCH EXISTING AND FUTURE NEWSRACKS; ESTABLISFII .0 PEF INITIONS; ESTABLISHING STANDARDS FOR OPERATION, PL,ACEMENTAND INSTALLATION OF-NEWSRACKS;.P,RO VIDING FOR REMOVAL OF NEWSRACKS; ESTABLISHING PROCEDURES FOR HEARINGS ON'VIOLATIONS REQUIR ING A PERMIT AND PAYMENT OF A PERMIT FEE; REQUIR i ING INSURANCE AND.INDEMNIFICATION; PROVIDING, FOR $9VERABILITY; INCLUSION IN THE 'CODE OF, TH&CITY OF MIAMI., FLORIDA; AND, UPON ADOPTION OF:.THIS ORDINANCE, INSTRUCTING THE CITYMANAGERTOPS€ND A COPY OF THIS ORDINANCE, TO THE DISTRIBUTOR OF# .; EACH NEWSPAPER, MAGAZINE OR OTHER NEW$ PERT= { OOICAL PLACED IN NEWSRACKS WITHIN 'THE PITY.=. - ORDINANGE NO.19045 fkr . AN EMEROENCY O.RDINANOE AMENDING THE CODE. Cif THE CITY OF MIAMI; AS "AMEJVDE% BY AMENPINO ARTI CLE U ENTJTLEP."90F,WAI K AND-�TREBT V4 _00 5," OF CHAI�TE�J ;38 OP SAfP Gt�DE J�Y,PRQYJPING � , 1�6FJ Jd1T1QNOF"WI�ITT9NMATTER';PRO 1�JialNIGF MI'T 2 IS FROM BP9CIFJ9P IaJ CTiONS OF UtQ. IRTi01:6 R YBNr OORB WHO 9AC),;U6IMY VIENR °WRITTEN M.ATTVL PRONJOITING Yg.NPING FROM Ot THE T.�A KId>IG VACO OR 40AWNG ZONM P OVONG THATNf DING �RL�M fllf �RT�?f� YF�J�I JVIU6'J'�IBI� 10FF TNB :RQ+R�?WAY VYMBN T�Ff� �6.JdG t�l,�R6;ANR �tElaTtll�Tf�. TI'� �1��=° .PANIIA 1E��/y. ,glpl®TVT,r��t�lt©.MP&Rlfi"Y>MLYE' t1TAlAlyl- KEPI A [T1Fi69Fi# RAINK'� T 11 MW pr6t6dino the firit 0ubllcafloln at the' atthihod t, copy - of apy advOrtisbi"a"and offlont fut'lliep says that the has neither paid rw ptOM166d any fit'" or corporation any discount. rabble, con"t"Itwon at = corporation fOk the purPO66 Of tftUtihg INS adwtibet"Ot for publication 10 the told mewspaW. p11111It I ......... swam d.substribed *Ore rn6 thIS 2 85 d of A ......... ......... *A11 I .... A Z "t tty - dIj aublia. SIpMe Ids at Large )AL) 41 Vr My commission 90141dill Moo\tttt \\ MR 139 —oAAt3L1Q" 41% oA"—.4, 1-%orl Lw— 014 INVESTMENTS IN THE AMOUNT Or 000,0w; CONTAINING A AtPtALIER PROVISION AND A SEVEAA1311-ItY CLAUSE: ORDINANCE NO. 10044 AN ORDINANCE REGULATING THE PLACEMENT or NSW8AACKS INPUaLIC AIGHTS-OP-WAY IN THE CITY OF MIAMI AND IMPOSING SAFETY AND AESTHETIC AttTAIC- TION8 RELATED THERETO, PkOVIOING A� . - OF PURPOSE; OVIbING THAT SAID ORDINANCE SHALL PA BECOME EFFECTIVE UPON AbOPTI0N'-WITH,'THt'PAO1:i, VISIONS. bEING.OPEAATIVF- UPON SUCH EXISTING AND FlUTUAt NtWSRACK8,' ESTABLMHIN'dlbep-.. INITIONS;'ESTA121LISHINO STANbAAbg'POA OKAATION.�� PLACEMENT: AN6 INIMI-tAtION vit)INO FOR r4tMCIVALOF V 16 L A T 16- A b ""F A e 0 U I A PROCEDURES FOR HEARINGS'014' ING A:PtAMIT AND PAYMtNT-OF A PtRIVIlt-, FEE; ':h9bUIA-" AB TY; NOLUSIONAW ,L AND,' -UP NCE1 ING THE -A I"i FT INANCE,TO1 EACH:NEWS'' 13 ;MAGAZINE OF ool CAL P t SRACKS V ORDINANCE NO 1 r 06 , AN ENCtO DINA JOVAMP THE CITY OPWIAIM(I"00-ANEkbet, CLE 11'.ENTiTLEt),.��',.SIDLVALk'��AND OF CHAI?TtAl§:OF :.$Alb`cObtBS FROM; SPEdIFItD`StCTIONS OFAA1 DORS" , , WHO ZX16LOSWELYNEND PAONIBlTIGSPACES OR .10 , ADIN - 02 . 0 , N , E . 1ROM,,MOTdR',VEHItLE6� MUST. -St `tNHEN`,HE, ' PANTSO� ►OUTTJNG� -AOPER-T REPEALER, PROVISION;"AND,WXS EC% REOk ING THE 6AME:bN;TWO'StPARAtE