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1/21/81
ORDINANCE NO. 9 2 3 b it
AN EMERGENCY ORDINANCE REGULATING THE SELLING,
LEASING OF REAL PROPERTY PREMISES OR SPACE OR
MAKING AVAILABLE TO ANOTHER PERSON, FIRM OR
CORPORATION, REAL PROPERTY, PREMISES OR SPACE
FOR THE PURPOSE OF EXHIBITING, SELLING OR OFFER-
ING FOR SALE, GOODS, WARES OR MERCHANDISE, IN
CONJUNCTION WITH AN OPEN AIR, OUTDOOR, CULTURAL,
ART, FOLK OR STREET FESTIVAL, BY REQUIRING COM-
PLIANCE WITH CERTAIN STANDARDS AND BY PROHIBITING
THE SAME, UNLESS SUCH OTHER PERSON, FIRM OR COR-
PORATION SHALL FIRST HAVE OBTAINED AN OCCUPATIONAL
LICENSES) TO SO ENGAGE, PRIOR TO MAKING SAID REAL
PROPERTY, PREMISES OR SPACE AVAILABLE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
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, significant annual cultural displays and public
exhibitions have become a vital and essential part of this
community; and
WHEREAS, these annual demonstrations afford "common life -
sharing experiences" to all citizens, thereby creating good
will and resulting in shared understanding of one another and
a stronger appreciation of society's goals; and
WHEREAS, the aforesaid public art and folk festivals
require a tremendous logistical effort to marshal the necessary
resources for a successful and peaceful community project; and
WHEREAS, from time to time the control over vendors of
wares and merchandise becomes necessary in localities where
a particular event or project is being staged; and
WHEREAS, the health, safety, welfare of the Community must
be safeguarded; and
WHEREAS, the herein ordinance contains reasonable res-
trictions upon the use of real property, premises or space
regarding the appropriate occupational license in conjunction
with art, folk or street festivals, and adherence to appro-
priate safety measures;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. No person, firm or corporation shall knowingly
lease, sell or otherwise make available real property or prem-
ises to another for the purpose of permitting other such firm,
person or corporation to exhibit, sell or offer for sale, goods,
merchandise or wares, in conjunction with an open air, outdoor,
cultural, art, folk or street festival, unless such other person,
firm or corporation shall first have obtained the proper occu-
pational license(s) to so engage, prior to making said property
or premises available.
Section 2. The City Manager is authorized to establish
minimum standards and guidelines that will assure compliance
with applicable Fire, Building and Zoning Codes, which standards
shall also include, but not be limited to, the size and dimension
of "spaces" or booths of each exhibitor or vendor for the purpose
of safeguarding the health, safety and welfare of festival pat-
rons and members of the public.
Section 3. Any person, firm or corporation violating pro-
visions of this ordinance shall, upon conviction, be fined not
more than Five Hundred Dollars ($500.00), or be imprisoned for
not more than sixty (60) days, or both.
Section 4. All ordinances, code sections or parts thereof
in conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section 5. If any section, sentence, clause, phrase or word
of this ordinance is for any reason held or declared to be uncon-
stitutional, inoperative or void, such holdings or invalidity
shall not affect the remaining portion of this ordinance.
Section 6. The requirements of reading this ordinance
on two separate days is hereby dispensed with by a four -fifths
vote of the Members of the Commission.
PASSED AND ADOPTED this 22nd day of January, 1981.
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
EST: Q
_RA10H G. ONGIE, CITY C K
PREPED AND APPROVED BY:
1AMA V. Q64,
TERRY V. PERCY
ASSISTANT CITY ATTO NEY
VED S T FOR AND CORRECTNESS:
7*
G GE F. KNOX, R.
CI_ ATTORNEY
9236 e
1!
2
IX.B. (06:), BREATHING,..
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays at Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
SARAH WILLIAMS, Director 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 or Notice in the matter of
CITY... OF...MIAMI...............................................................................
Re: Ordinance 9236...............................................................
................................ I.............. .. .
inthe ................................... X... X...X............................................ Court,
was published in said newspaper in the issues of
•Jai.Hoary.... 27.).... IM.................................................................... .
_......................................... I..............................................................................
Affiant further says that the said Miami Review and Daily
Record 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
Dade County, Florida,for ter at the
aper period of one year
t office in Miami, in
saidnext preceding
the first publication of the attached copy of advertisement; and
affiant further says That t e has neither paid nor promised any
person,...lirm or corpo bra . scount, rebate, commission or
refuna for the ,pur a ipf g this advertisement for
publ cation in tires Pa ,����
................. ...... .. ...................
-SWDrn to 0ju, scribed before me this
�., o anua A.D. 19. 8.1 .....
27 .... A& of".... ...� .. . .. ......,.. .............. .
(SEAL) — -
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CITY OF MIAMI
DADE COUNTY, FLORIDA
LEGAL NOTICE
All Interested persons will take notice that on the 22nd day of
January, 1911, the City Commission of Miami, Florida, adopted the
following titled ordlnanas:
ORDINANCE NO. 9"1
AN EMERGENCY ORDINANCE AMENDING SECTION 31.31
OF THE CODE OF THE CITY OF MIAMI, FLORIDA (1900),
AS AMENDED, DEALING WITH THE REVOCATION AND
SUSPENSION OF OCCUPATIONAL LICENSES BY
AMENDING PARAGRAPH (U OF SUBSECTION (a) AND
PARAGRAPH (2) OF SUBSECTION (b) OF SAID SECTION
31.37 TO EXPRESSLY PROVIDE FOR A HEARING BEFORE
THE CITY MANAGER OR HIS DULY DESIGNATED AGENT
PRIOR TO ANY SUSPENSION OF ANY OCCUPATIONAL
LICENSE AND TO PROVIDE THAT JUDICIAL ENJOINING
OF THE SELLING, LENDING, OR TRANSMITTING OF
MATERIAL FOUND TO BE OBSCENE, LEWD, LASCIVIOUS,
FILTHY OR INDECENT UNDER FLORIDA LAW
iR84 CONSTITUTES GROUNPS FOR REVQCATIti.N OR
SUSPENSION OF AN OCCSPATIONAL 3ICINA i'
IILE.BJ. FIRE BOAT (ITEM III
SYSTEM (ITEM III.B.12.); CONTAINING ,A .
PROVISION AND THE
CL/
DISPENSING WITH THE R19QUIREMENT.01
THE SAME ON TWO (2) SEPARATE DAYS BY
THE COMMISSION.
ORDINANCE NO.9233
AN ORDINANCE AMENDING SECTIONS 2 AND S OF
ORDINANCE NO. 0179, ADOPTED OCTOBER 3, 111111110, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS
AMENDED; BY INCREASING THE APPROPRIATION FOR
INTERNAL SERVICE FUNDS, PRINT SHOP, BY $114.083;
BY INCREASING ANTICIPATED REVENUES IN THE
SAME AMOUNT; TO ALLOW FOR THE CITY-WIDE
ADMINISTRATION OF PRINTING AND BINDING OUTSIDE
COSTS BY THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
DISPENSING WITH THE REQUIREMENT OF READING
SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS
THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
ORDINANCE NO. 9ZM
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 1719, ADOPTED OCTOBER 26, 1977, THE SUMMARY
GRANT APPROPRIATIONS.ORDINANCE, AS AMENDED,
BY ESTABLISHING A NEW TRUST AND AGENCY FUND
ENTITLED: "YORUBA/SPANISH HERITAGE PROGRAM'
APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $15,000, CONSISTING OF $9,000
FROM THE NATIONAL ENDOWMENT FOR THE ARTS AND
$6,000 FROM THE CITY OF MIAMI'S FISCAL YEAR 1910-11
MATCHING FUNDS FOR GRANTS ACCOUNT;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
ORDINANCE NO.943S
AN ORDINANCE AMENDING SECTION I OF ORDINANCE
No. 111119, ADOPTED OCTOBER 26, 19", THE. SUMMARY
GRANT APPROPRIATIONS ORDINANCE, .AS, AMENDED,
BY. INCREASING THE APPROPRIATION FOR THE TRUST
AND AGENCY FUND- ENTITLED: "KWANZA FESTIVAL
14th YEAR)" BY AN ADDITIONAL REVENUE OF S15,000
FROM S6S M TO $10,000, FOR THE OPERATION OF SAME;
SAID REVENUE TO BE PROVIDED BY THE NATIONAL
ENDOWMENT FOR THE ARTS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE,
AND DISPENSING WITH THE REQUIREMENT OF
READING SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF
THE COMMISSION.
ORDINANCE NO.9236
AN EMERGENCY ORDINANCE REGULATING THE
SELLING, LEASING OF REAL PROPERTY PREMISES OR
SPACE OF MAKING AVAILABLE TO ANOTHER PERSON,
FIRM OR CORPORATION, REAL PROPERTY, PREMISES
OR SPACE FOR THE PURPOSE OF EXHIBITING, SELLING
OR OFFERING FOR SALE, GOODS, WARES OR
MERCHANDISE; IN CONJUNCTION WITH AN OPEN AIR+'
OUTDOOR, CULTURAL, ART, FOLK OR STREET
FESTIVAL, BY REQUIRING COMPLIANCE WITH
CERTAIN STANDARDS AND BY PRO141BITING THE SAME,
UNLESS SUCH OTHER PERSON, FIRMOR CORPORATION
SHALL FIRST HAVE OBTAINED AN OCCUPATIONAL
LICENSE(S) TO SO ENGAGE, PRIOR TO MAKING SAID
REAL PROPERTY, PREMISE OR _ SPACE AVAILABLE;
CONTAINING A REPEALER PROVISION AND A'
SEVERABILITY CLAUSE; 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.
ORDINANCE NO, 9237
AN ORDINANCE AMENDING ORDINANCE NO. Wl, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY .
OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF WILY 1SW OF 3 W OF N.E. 14 OF S.E. 14 OF S.W. 14 OF
SECTION XL TOWNSHIP 03; RANGE 41E;.UNPLATTEO,
BEING APPROXIMATELY "I N.W. 43RD AVENUE, FROM
R-3 (LOW DENSITY MULTIPLE) TO C 2 (COMMUNITY
COMMERCIAL) DISTRICT, AND BY MAKING,THR
NECESSARY. CHANGES IN THE, ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. U71, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREFORE: BY REPEALING -ALL
ORDINANCES, CODE, SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO, 92311
AN ORDINANCE AMENDING ORDINANCE NO.4W, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
OF MIAMI, BY CHANGING THE ZONING.CLAUIFICATICIN
OF LOTS 11A AND 17A LESS THE PORTION TAKEN FROM
SR ON; BLOCK 1; MOUNE GARDEN 11STAT0 AMP t4p�
19), BEING APPROXIMATELY 4245 N.W. 11TH STRERT,
FROM R-3 (LOW DENSITY MULTIPLE) TO CA (GENERAL
COMMERCIAL), AND BY MAKING THE NECESSARY,
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 611171, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2THEREOF; BY
REPEALING ALL ORDINANCEL CODE SECTION6 OE , ,
cvnrnT -WEPEAL fSION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. "32
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 910, ADOPTED MWEMbER A IM, .THE CItY1
CAPITAL IMPROVEMENT APPROPRIATIONS
AN
STATION NO. F (ITEM 111.11A.)i FOR FIRE APPARATUS
ACQUISITION, REPLACEMENTS- AND NW IPICATIONS
(ITEM AND' FOR THE NEW CITY
ADMINISTRATION BUILDING (ITEM Ill. 9.6.
TRANSFERRED TO ITEM IX.6.0)6.11; BY
APPROPRIATING FROM THE 1#76 FIRE FIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES BOND FUND AN
AMOUNT OF $475,000 FROM ANTICIPATED BOND SALES
AND AN AMOUNT OF $75,000 FROM INTEREST ACCRUED
IN FISCAL YEAR 19111 TO INCREASE APPROPRIATIONS
FOR FIRE STATION NO. 7 (FORMERLY STATION NO. 14)
(ITEM 111.0.3.), RESCUE SERVICE APPARATUS AND
EQUIPMENT (ITEM 111.B.4.), NEW CITY
ADMINISTRATION BUILDING (ITEM 111.6.6.
CONING 6101110 MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE Ill, SECTION 2, THEREOF; BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
RALPH G. ONGIE
City Clerk
Miami, Florida
Publication of this Notice on the 27 day of January 1901
1 /27 M111-012752
14
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.'1TY i�F `.ti.�•.1 � 1
R-0f-FIC7s 1A C *.IGi 'A
Richard L. Fosmoen
City Manager
Ze'la R. ellamy
Assistant to the City TMaager
January 21, 1981
Coconut Grove Arts Festival
"Squatters" on Private Property
It is recommended that an emergency ordinance be
passed which would regulate the selling and leasing
of private property for the purpose of permitting
persons to sell merchandise in the "open air" and
permit the City Manager to establish minimum standards
and guidelines in connection with the size of space
required of each vendor in order to safeguard the
health, safety and wellfare of the public.
The Coconut Grove Arts Festival has experienced severe problems due to private
property owners allowing persons to sublet their land and sell goods. The
persons selling these goods have been termed "squatters". Over a period of
time the problem of "squatters" has increased with property owners, in some
instances, allowing persons to sell merchandise in cram,,�ed areas in order to
maximize their financial interest. Unfortunately, vendors were required to
obtain occupational licenses and property owners were not required to bear any
responsibility in this matter.
The Coconut Grove Association, which sponsors this event, insures quality art
work in the Festival. Many persons attending the Festival have complained
about the merchandise that they purchase and later discovered that it was
bought from "squatters". Additionally, the Coconut Grove Arts Festival has
been known for its top rating in art shows. The problem of the "squatters"
last year resulted in a lower rating.
In order to insure success of a quality art show in Coconut Grove, it is
recommended that property owners bear the responsibility of insuring that
their vendors obtain occupational licenses and meet minimum standards. In
the event such property owner does not, he or she will be subject to a fine
of not more than $500 or imprisonment for not more than 60 days or both.