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Home My WebLink AboutO-09063ORDINANCE NO. 9 06 3 Al AN EMERGENCY ORDINANCE AMENDING SECTION 36-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING SAID SECTION IN ITS ENTIRETY AND SUBSTITUTING THEREFOR A NEW SECTION WHICH MAKES IT UNLAWFUL TO MAKE ANY EXCESSIVE SOUND OR NOISE DURING SPECIFIED HOURS IN THE OPERA- TION OF CONSTRUCTION MACHINERY WITHIN RESIDENTIAL DISTRICTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXEMPT SUCH PROHIBITIVE OPERATION AND USE OF MACHINERY IN THE EVENT OF EMERGENCY; FURTHER PROVIDING A PENALTY PROVISION; AND CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. WHEREAS, it is essential that the peace of residential neighborhoods be preserved not only during the night but also during early morning and early evening hours; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 36-13 of the Code of the City of Miami, Florida, as amended, is hereby further amended by repealing said section in its entirety and substituting therefor the following: "Sec. 36-13. Pile -drivers, steam shovels, pneumatic hammers, etc. (a) At anytime on Sundays; before 8:00 A.M. and after 6:00 P.M. on Saturdays; and before 7:30 A.M. and after 7:30 P.M. on Mondays through Fridays, it shall be unlawful for any person in conducting any construction operation within residential districts to operate or use any pile-driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other apparatus, the use of which 1/ 1/ "Residential districts" as used herein shall mean any residential district as set forth in Ordinance No. 6871, the City of Miami Comprehensive Zoning Ordinance, effective June 2, 1961, as amended, or as may be here- after amended. results in the creation of or is attended by noise or sound at a level in excess of the following table: Octave bands in cycles per second 0-75 75-150 150-300 300-600 600-1,200 1,200-2,400 2,400-4,800 over 4,800 Maximum permitted sound level in decibels 69 64 56 49 43 37 31 29 (b) The city manager is hereby authorized to permit the operation and use of any of the above construction machinery during the aforesaid pro- hibited periods of time in the event that such operation or use is required to eliminate or reduce any dangerous or hazardous conditi.on which endangers life or property. (c) Any person who shall violate any pro- vision of this section shall, upon conviction thereof, be punished by a fine of not more than $500 or imprisonment for not more than 60 days, or shall be both fined and imprisoned." Section 2. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. 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. -2- 9 06 3 Section 4. 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. Section 5. 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 24th day of January, 1980. - "L',/ RAL G. ONGIE CITY LERK PREPARED AND APPROVED BY: &2 * 8&4'< ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROV GEORG CITY A Mari ce A. Ferre MAYO R AS TO ORM AND CORRECTNESS: -3- 9 06 3 'i MIAMI REVIEW AND DAILY RECORD tom' Published Daily except Saturday, Sunday ant 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 Supervisor, 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 Ordinance No. 9063 in the xx...X. ...... Court, was published in SBid newsy per in the issues of January 28, 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, 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 discount, r • commission or refund for the purpose of oar 1• dvertisement for p licjtion in the V. !'•'' iSsioin ttoaud auiscribe 1 ayfire me this ...day 917:A i�-1..e. ' A 9 80• Notary My Co EAL) R•93 user Ubljp„414t#13 Florida at arge mission expires July 17, 1 82. RECEIVED • U • LU CITY OF MIAMI, City Clerk DADE COUNTY, FLOctty Of Mi®rnL. rta. LEGAL NOTICEMY All Interested persbns will take notice that on the 24th day of ' January, 1980, the City Commission of Miami, Florida, adopted fhe ful- f lowing titled ordinance: ORDINANCE NO. 9063 AN EMERGENCY ORDINANCE AMENDING SECTION 36-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING SAID SECTION 1N.ITS •EN-..., TIRETY AND SUB5TITUTtP4 THEREFOR"A NEW SEC• TION WHICH MAKES IT UNLAWFUL TO MAKE ANY EX- CESSIVE SOUND OR NOISE DURING SPECIFIED HOURS IN THE OPERATION OF CONSTRUCTION. MACHINERY WITHIN RESIDENTIAL DISTRICTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXEMPT SUCH PROHIBITIVE OPERATION AND USE OF MACHINERY IN THE EVENT OF EMERGENCY; FURTHER PROVIDING A PENALTY PROVISION; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 28 day of January 198�8t1012861 1/28 MIAMI REVIEW AND DAILY RECORD tom. Published Daily except Saturday, Sunday anr, 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 Supervisor, 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 Ordinance No. 9063 in the XX......�(8rt, was published in 4id'newsp'per in the issues ofCou January 28, 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, 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 discount, r - . commission or refund for he purpose of QobN 1 dvertisement for p lic tion in the `sp�• Fr.Siyoin • to atalaulidcribeil b&fisre me this daY 11,,,,E ••.'▪ NO rroL.V '.,FAA. 9 Notary My Co �•uiar Ubl f,Met>'d Florida at arge mission expires July 17, 1 82. • R C E 1' E D J i U • CITY OF MIAMI, city Clark ...ea; DADE COUNTY. ...eaof M,a.mt• Fta. LEGAL NOTICE tt All interested persons will take notice that on the 24th day of January, 1980, the City Commission of Miami, Florida, adopted the fol- lowing titled ordinance: ORDINANCE N0, 9063 AN EMERGENCY ORDINANCE AMENDING SECTION 36-13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY REPEALING SAID SECTION IN ITS. EN-:. . SEC- TIONTIRETY AND SUBSTITUTING THEWHICH MAKES iT UN AWFUL TOO MAKE ANY EX- CESSIVE OURS IIN THE OPERATIONNOISE OF CONSTRUCT ONIMA MDURING SPECFIED ACHINERY WITHIN AL DISTRICTS; FURTHER AUTHORIZING THE C TIY MANAGER TO EXEMPT SUCH PROHIBITIVE OPERATION AND USE OF MACHINERY IN THE EVENT OF EMERGENCY; FURTHER PROVIDING A PENALTY PROVISION; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 28 day of January 1980 1/28 esis CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM to Joseph R. Grassie City Manager FROM Jim Reid, Director Planning Department bATE: Januazy 99L,�..1980 FiIE sue.1ECT Agenda I an:: City Crnmission Meeting 1/24/80 Amendment No. 2 to Ordinance No. 9019 REFERENCES. ENCLOSURES. The purpose of this Agenda item is to amend Ordinance No. 9019, the Capital Improvement Appropriations Ordinance, for the following reasons: 1. to establish Jefferson Street Paving Project (7025) 2. to make adjustments in the or- dinance to reflect multiple sources of funding for Watson Island Devel- opment (7033) 3. to increase the appropriation for Blue Lagoon (9017) 4. to establish Park Rehabilitation for Those with Special Needs (9047)and 5. to establish Elizabeth Virrick Gym Renovations (9015) The City Commission adopted Resolution No. 79-807 on November 26, 1979, authorizing the closure of Jefferson Street between Charles Terrace and Washington Avenue for the expansion of Grand Avenue Park. The Department of Public Works estimates the project will cost $40,000. Funding for this project is available from the 1970 Highway General Obligation Bond Fund. Ordinance No. 9019 contained two separate appropriations for Watson Island Development (7033). These appropriations should have been shown together in the ordinance under Paragraph X. Capital Improvement Fund)B. (Continued Projects) i. (Projects Funded with Multiple Sources of Revenue). This proposed amend- ment to Ordinance No. 9019 makes the necessary adjustments to show this project in the proper paragraph. These adjustments do not change the amount of funding or the sources of funding for a`tson Island Development (7033) . as s AMMO Joseph R. Grassie Page 2 January 9, 1980 An amount of $333,500 was appropriated for Blue Lagoon (9017) in Ordinance No. 9019. This amount was based on preliminary appraisals that have since been revised upward. The U.S. Department of the Interior has awarded the City a grant of $402,160 based on the higher appraisals. The attached amend- ment increases the appropriation for Blue Lagoon (9017) to the amount awarded to the City in the grant. On December 27, 1979, the City Commission adopted Ordinance No. 9040, an amendment to the Summary Grant Appropriations Ordinance, appropriating $708,100 grant from the U.S. Depart- ment of the Interior for Park Rehabilitation for Those with Special Needs. Because this project is a capital project, the grant is appropriated again in the attached amendment to the Capital Improvement Appropriations Ordinance. The roof of the Elizabeth Virrick Gym is badly deteriorated and in need of repair as soon as. possible. Although the pro- ject was approved in the 1979-1985 Capital Improvement Prog- ram, no funding was made available. The attached amendment proposes transferring $100,000 of Florida Power and Light''ran- chise Earnings from the Downtown People Mover (7031) to Eliza- beth Virrick Gym Renovations (9015). This $100,000 is available from the $500,000 appropriation in Ordinance No. 9019 for the Downtown People Mover because Dade County has revised its request for 1979-80 funding from the City downward to $400,000. cc Department of Management and Budget Law Depax tment D. Cather, Director Public Works Department Carl Kern, Director Park Department C.E. Cox, Director Building and Vehicle Maintenance Department