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Home My WebLink AboutO-09120?02% ORDINANCE NO. 9120 AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF MIAMI, FLORIDA, ENTITLED "THE CODE OF THE CITY OF MIAMI, FLORIDA", PROVIDING FOR AN EFFECTIVE DATE; PRO- VIDING FOR THE REPEAL OF CERTAIN ORDI- NANCES NOT INCLUDED THEREIN, WITH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREIN- AFTER SET FORTH; PROVIDING FOR A PENALTY CLAUSE WHERE NO OTHER PENALTY IS PRE- SCRIBED; PROVIDING FOR A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIRE- MENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. There is hereby adopted by the City Com- mission that certain Code entitled "THE CODE OF THE CITY OF MIAMI, FLORIDA", containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters I to 62, both inclusive. Section 2. The provisions of such Code shall be in force on and after September 1, 1980, and all ordi- nances of a general and permanent nature adopted on final reading and passage on or before October 24, 1978, and not contained in such Code are hereby repealed from and after September 1, 1980, except as hereinafter provided. Section 3. The repeal provided for in the preced- ing section of this ordinance shall not affect any offense or act committed or done or any penalty or forefeiture incurred or any contract or right established or accruing before September 1, 1980; nor shall it affect any prosecu- tion, suit or proceeding pending or any judgment rendered prior to September 1, 1980; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City's �r Indebtedness or any contract or obligation assumed by the City; nor shall it affect any appropriation or assess- ment ordinance; nor shall. it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the City on any person or cor- poration; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accept- ing or vacating streets or alleys in the City; nor shall it affect any ordinance adopted on final reading and passage after October 24, 1978; nor shall it affect any of the following ordinances or amendments thereto: Ordinance No. 5465, relating to design grades; Ordinance No. 6145, adopting the South Florida Building Code; Ordinance Nos. 6432 and 6558, adopting relief, Pension and Retirement Plans; Ordinance No. 6871, relating to Zoning. Section 4. Any person violating the provisions of any section of the Code hereby adopted or any ordinance where no other penalty is prescribed, shall, upon convic- tion, be punished by a fine not to exceed five hundred dollars ($500), or by imprisonment not to exceed sixty (60) days in the county jail, or both in the discretion of the court. Each day that such violation shall continue (or, in the case of shows and exhibitions illegally conducted, each performance) shall constitute a separate offense. :WM 9120 Section 5. It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sen- tences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordi- nance or the Code hereby adopted. Section 6. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 26th day of June, 1980. Maurice A. Ferre M A Y 0 R ST: ALPT G. ONGIE, CITY CL PREPA ED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORff F. KNO CITY ATTORNEY 9120 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sundt A Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personal)y ap- peared Sarah Williams, who on oath says that she Is the Director of Legal Advertising of the Miami Review and Daily Record, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published y at Miami In Dade County, Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of City of Miami Ord. . 91 ....... ........ .......... No......... . ............20................ Adopted June 26, 1980 ........................................................................................... Inthe .......................... J=..................................... Court, was published In said newspaper in the Issues of July 2, 1980 ................................................................................................. ......................................................................................... 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, Sun- day 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 afflant further says that she has neithe Id nor promised any person, firm or corpora- tion y scount, rebate, commission or refund for the �^ 1 se Id newsp> Inul Y,securing th Y �� ,me,t for publication *ll AIRrYbe4 bgfo�e me this Sr or�tcdn .......i c%y of• July ........... • A. `19.... 8Q. • U 8 �v • ....... . •' ......... .. . .. .... ♦ ar ubf)t?EfdI 1kf`f�sT�da at ge 1 LITT of WAM1, DADE COUNTY, FLORIDA LEGAL NOTICE All Interested will take notice that on the 26th day of June 1980, the City Commission of Miami, Florida passed and adopted the following tilled ordinance: OR&DINANCE NO, 9120 AN ORDINANCE ADOPTING A REVISION AND CODIFICA• TION OF THE ORDINANCES OF THE CITY OF MIAMI, FLORIDA, ENTITLED "THE CODE OF THE CITY OF MIAMI, FLORIDA", PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF -CERTAIN OR- DINANCES NOT INCLUDED THEREIN, WiTH CERTAIN EXCEPTIONS, AND FOR OTHER PURPOSES HEREIN- AFTER $Ei' FORTH; PROVIDING FOR A PENALTY CLAUSE WHERE,.NQ OTHER PENALTYIS•PRESCRIBED; PROYM OAK8,1A 4AVKaRA0M41* 10L*USLA;RAIND DISPENSIDICsVWITR/_T#A6t:REO47fREi-0iIII?NT'01= VEWDING SAME ON TWO SEP,ARiA:[RIDAYS BY A VOTE i7EIQWEE8:SS THAN FOUR•F IFTHSiOF THE MEMBERS OF THE COMMIS- SION. ;tin nJ1 I "JU7N1. RALPH G. ONGIEIA103011 CITY CLERI LL00n�9YC A" CITY OF MIAMI, FLORIDA Publication of this Notice on the 2 day of July 1980 7/2 Me"70208 ® (SEAL) ♦�♦ FCORIIN ,%%`� My Commission expl%ybfPtetTfW 6, 1981. MR -SO _ .� ` �•:"«.- :iv�`+i+if�•.K.d'd" c... .. �;e ..-., w:.�:i,.,.;�.t,: ..T.. ,- ..,nxm.emm�+nmmowa RECE,',-E-D r�^ �IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA City Of i•;Iv.i;, r;:, STATE OF FLORIDA } COUNTY OF DADE ) SS.: AFFIDAVIT CITY OF MIAMI ) 1. My name is RALPH G. ONGIE, Clerk of the City of Miami, Florida, and I have been Clerk of the City of Miami, Florida, since July 31, 1976. 2. Ordinance No.9120, a copy of which is attached hereto, was passed by the City of Miami City Commission on June 26 , 1980. 3. The requirement of reading this ordinance on two separate days was dispensed with by not less than four -fifths of the members of the City of Miami City Commission. 4. Prior to the passage of the ordinance on June 26, 1980, it was read by title only at said June 26 , 1980 City Commission meeting. 5. The ayes and noes, pursuant to City of Miami Charter requirements were taken by me upon the passage of this ordinance and entered upon the journal of the proceed- ings of the Commission, the City of Miami City Commission Minutes. 6. The affirmative vote of at least a majority of all members of the City of Miami City Commission was taken upon the passage of this ordinance, the actual vote being as indicated by said minutes. AYES: Messrs. Carollo, Gibson, Lacasa, Plummer and Mayor Ferre. NOES: None. 7. This ordinance was recorded within ten days after its passage in a book kept for that purpose, said book con- stituting a file folder for each ordinance. 8. The file for this ordinance also indicates that this ordinance was approved as to form and legality by the City Attorney, GEORGE F. KNOX, JR. 9. I am personally familiar with all the matters contained in this affidavit and such matters have been based upon the files and records kept under my custody in the Office of the City Clerk of the City of Miami. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY OF MIAMI, DADE COUNTY, FLORIDA, this 29 day of July , 1980. etc V� o ALPH G. ONGIE CITY CLERK SWORN TO AND SUBSCRIBED BEFORE ME THIS 29 day of July , 1980. - -I--- a r.V _ "b "=.Lyc My commission expires September 13, 1981. -2- ORDINANCE NO. 9120 AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF MIAMI, FLORIDA, ENTITLED "THE a CODE OF THE CITY OF MIAMI, FLORIDA", PROVIDING FOR AN EFFECTIVE DATE; PRO- VIDING FOR THE REPEAL OF CERTAIN ORDI- NANCES NOT INCLUDED THEREIN, WITH CERTAIN = EXCEPTIONS, AND FOR OTHER PURPOSES HEREIN- AFTER SET FORTH; PROVIDING FOR A PENALTY CLAUSE WHERE NO OTHER PENALTY IS PRE- SCRIBED; PROVIDING FOR A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIRE- MENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. There is hereby adopted by the City Com- mission that certain Code entitled "THE CODE OF THE CITY OF MIAMI, FLORIDA", containing certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in Chapters 1 to 62, both inclusive. Section 2. The provisions of such Code shall be in force on and after September 1, 1980, and all ordi- nar.ces ^F - ^eneral and permanent nature adopted on final reading and passage on or before October 24, 1978, and not contained in such Code are hereby repealed from and after September 1, 1980, except as hereinafter provided. Section 3. The repeal provided for in the preced- ing section of this ordinance shall not affect any offense or act committed or done or any penalty or forefeiture incurred or any contract or right established or accruing _ before September 1, 1980; nor shall it affect any prosecu- tion, suit or proceeding pending or any judgment rendered prior to September 1, 1980; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City or authorizing the issue of any bonds of the City or any evidence of the City's indebtedness or any contract or obligation assumed by the City; nor shall it affect any appropriation or assess- ment ordinance; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the City on any person or cor- poration; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it affect any ordinance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accept- ing or vacating streets or alleys in the City; nor shall it affect any ordinance adopted on final reading and passage after October 24, 1978; nor shall it affect any of the following ordinances or amendments thereto: Ordinance No. 5465, relating to design grades; Ordinance No. 6145, adopting the South Florida Building Code; Ordinance Nos. 6432 and 6558, adopting relief, Pension and Retirement Plans; Ordinance No. 6871, relating to Zoning. Section 4. Any person violating the provisions of any section of the Code hereby adopted or any ordinance where no other penalty is prescribed, shall, upon convic- tion, be punished by a fine not to exceed five hundred dollars ($500), or by imprisonment not to exceed sixty (60) days in the county jail, or both in the discretion of the court. Each day that such violation shall continue (or, in the case of shows and exhibitions illegally conducted, each performance) shall constitute a separate offense. -2- 9120 0 Section 5. It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sen- tences, clauses and phrases of this ordinance and the Code hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance or the Code hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordi- nance or the Code hereby adopted. Section 6. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 26th day of June, 1980. Maurice A. Ferre M A Y O R PREPARED AN-) APPROVED BY: ROBERT F. CLARR ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: STATE OF FLORIDA COUNTY OF DADE CITY OF MIAMI I, RALPH G. ONGIE, Clerk of the City of Miami, Florida, — do hereby certify that the attached and foregoing pages numbered 1 through 3 , inclusive, contain a true and correct copy of an ordinance adopted by the City of Miami Commission at a meet- ing held on the 26th day of June , 1980 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9120 - WITHNESS MY HAND and the Official Seal of the City of Miami, Florida, this 29th day of July 1980 . RALPH G. ONGIE CITY CLERK (OFFICIAL SEAL) BY: DEPUTY CITY CLERK Caw; c�fluffm July 299 1980 Mr. Richard P. Brinker Clerk of the Circuit Court Dade County Courthouse 73 West Flagler Street Miami, Florida 33132 Dear Mr. Brinker: RALPH G. ONGIE City Clerk MALTY HIRAI Assistant City Clerk DEPUTY CITY CLERKS Robert E. Tingley Georgia M. little ,,Is Teems Sylvia M. Mendoza Evelio ttizo MICROFILM DIVISION Dorothy grown Domingo Acosta In accordance with Section 5.03 Municipal Charters, of the Home Pule Amendment and Charter of Metropolitan Dade County, I am officially filing with the Clerk of the Circuit Court the newly republished 1980 edition of the City of Miami Code and Charter. This Code and Charter becomes effective on September 1, 1980 and the appropriate affidavit and ordinance are attached hereto. Kindly acknowledge formal receipt of this document so we may attach the same to our files. V truly yours, Ra ph G. Ongie Ci y Clerk rgo Enclosures: (1) Code and Charter (2) Affidavit (3) Copy of Ordinancd OFFICL F$THE CITY CLERK / City Mall/ 3SW Pan American Drive / Miami, Florida 33133 / 579-tiQ65