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HomeMy WebLinkAboutCC 2004-04-08 Other Items <1Iitu of 4JlfIianti PRISCILLA A. THOMPSON City Clerk JOE ARRIOLA City Manager April 19, 2004 Mr. David Colas 2235 S.W. 25th Terrace Miami, Florida 33133 Dear Mr. Colas: During the City of Miami Commission meeting of April 8, 2004, you wanted to know who was your District City Commissioner because you remembered voting for District 2 Commissioner Johnny Winton, but your address belongs to District 4 Commissioner Tomas Regalado. Our office has found that your address was part of District 2 prior to the redistricting, which took place last year prior to the November 4, 2003 General Election. Your address now is part of District 4 and Commissioner Tomas Regalado is your District Commissioner. Commissioner Regalado was re-elected in 2003 without opposition; that is why his name was not included in the November 2003 ballot. If you have any further questions, please feel free to contact our office. Sincerely, @~a.~ Priscilla A. Thompson City Clerk PAT:ss C: The Honorable Members of the City Commission OFFICE OF THE CITY CLERK 3500 Pan American Drive I Miami, FL 33233 I (305) 250-5360 I FAX: (305) 858.1610 Mailing Address; P.O. Box 330708 Miiimi, Florida 33233-0708 CITY OF MIAMI. FLORIDA INTER-OFFICE MEMORANDUM TO: The Honorable Arthur Teele, Jr. DATE: April 13, 2004 FILE: Chairman SUBJECT: Ordinances with Effective Date less than 30 Days FROM: ~.:s-~ REFERENCES: ~: Pri ilIa A. Thompson ENCLOSURES; City Clerk 4 ordinances During the April 8, 2004 Commission meeting, you instructed the Clerk to research ordinances in the past which have an effective date of less than 30 days from their adoption. Enclosed are four such ordinances. This is the result of researching October 2003 through the present. If you need us to research prior to October 2003, please let us know. PAT:SS C: Alejandro Vilarello, City Attorney Joel E. Maxwell, Deputy City Attorney c:=J I RECEIPT DATE: April 14, 2004 SUBJECT: Ordinances with Effective Date less than 30 Days Received By: MA YOR DIAZ COMMISSIONER WINTON COMMISSIONER GONZALEZ VICE CHAIRMAN SANCHEZ COMMISSIONER REGALADO CHAIRMAN TEELE CITY MANAGER ~j{J.t .,\' (\~ .\.~. ,~ ~' 'I' :::', , "1. :- ~ -; l..tu,.l.uaJ ".. n~tIi ~ "''''~I ,..A.. ~.....::: !(J.. r\~) City of Miami Legislation Ordinance: 12466 City Hall 3500 Pan American Drive Miami, FL 33133 WWW.ci.miami.fl.us File Number: 03-0243 Final Action Date: 12/1812003 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 62-156(b} OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING "RELIGIOUS INSTITUTIONS" AS A CLASS OF ENTITIES FOR WHICH FEES FOR ZONING CHANGES OR VARIANCES SHALL BE CAPPED; FURTHER, CLARIFYING THE DEPARTMENT WHICH IS TO MAKE SUCH DECISIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City Commission wishes to add Religious Institutions as a class of entities for which fees for zoning changes or variances shall be capped; and WHEREAS, Departmental organization has undergone several changes over the years as the result of the merger, division or dissolution of existing departments; and WHEREAS, it is necessary, as a result of such a bifurcation to clarify and specify departmental authority and conform the City Code with said organizational change; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interests of the general welfare of the City of Miami and its citizens to amend the City Code as hereafter 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 to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Code of the City of Miami, Florida as amended, is amended to read as in the following particulars:{1} "Chapter 62 ZONING AND PLANNING * * * ARTICLE VI. Zoning and Planning Fees * * * Sec. 62-156. Schedule of fees. City of Miami Page I ofl Printed On: 419/2(J04 Fife Number: 03-0243 Enactment Number" 12466 * * * (b) The maximum fee to be charged any governmental agency other than the city for any public hearing shall be $900.00. The maximum fee to be charged any reliqious institution or any institution of an eleemosynary character for any change of zoning or variance shall be $900.00; any institution so applying shall submit its articles of incorporation to the director of the department of planning building and zoning for review prior to acceptance of the application. * * *" Section 3.AII ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the providisons of this Oridnance are repealed. Section 4.lf 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 5.This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} 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. {2} If the Mayor does not sign this Ordinance, it shall become effective the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Primed On: 4/9/2004 City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fJ.us Enactment Number: 12466 File Number: 03-0243 File Type: Ordinance Requester: Cost: Status: Mayor's Office for Signature Controlling Body: Planning & Zoning Introduced: IlI8/2003 Final Action: 1211812003 Version: 2 Reference: File Name: Capping Certain Application Fees for Religious Institutions Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 62-1 56(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA. AS AMENDED, BY ADDING "RELIGIOUS INSTITUTIONS" AS A CLASS OF ENTITIES FOR WHICH FEES FOR ZONING CHANGES OR VARIANCES SHALL BE CAPPED; FURTHER, CLARIFYING THE DEPARTMENT WHICH IS TO MAKE SUCH DECISIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 03 -024 3 - Backup. pdf, 03 -0243 - Legislation. pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: City Commission 11/25/2003 PASSED ON FIRST READING 2 Law Department 12/15/2003 Reviewed and Approved 2 City Commission 12/18/2003 ADOPTED 2 Mayor's Office 12/2412003 Signed by the Mayor Due Date: Return Date: Result: Pass Pass City of Miami Page 1 Printed on 4/9/2004 ~ ,\' 01 , :::...,'~\:. -~~ - . HI'lui~lUnt . ~ IL~U ~ ~,c ,.4 ~ (n,n,>' City of Miami Legislation Ordinance: 12455 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miamLfI.us File Number: 03-0199 Final Action Date: 12/1812003 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," TO EXTEND THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD BY LIQUOR PACKAGE STORES FROM 10 P.M. TO 12 MIDNIGHT; MORE PARTICULARLY BY AMENDING SECTION 4-3(a)(5) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, existing City Code provIsions restrict the hours of sale of alcoholic beverages to 10:00 p.m. on weekdays, including Saturdays; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 4/Article I of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "Chapter 4 ALCOHOLIC BEVERAGES ARTICLE I. IN GENERAL '* '* '* * '* Sec. 4-3. Hours during which sales allowed; Sunday sales. (a) No distributor or vendor of intoxicating and/or alcoholic beverages or any employee thereof, on the licensed premises, shall sell, serve, offer to sell, allow to be consumed or deliver any alcoholic beverages to any person, except during the following hours: '* * '* * '* City of Miami Page / of2 P,i"ted 0,,: 4/912004 Fife Number: 03-0199 Enactment Number: 12455 (5) The hours of sale for alcoholic beverages by a liquor package store, are weekdays, including Saturdays, from 7:00 a.m. to 10:00 ~ 12:00 midniQht; Sundays from 1 :00 p.m. to 7:00 p.m.; providing further that these hours shall be extended on Christm:ls Eve (December 24) :lnd Ne'N Ye:lr's Eve (December 31) until 12:00 midnight and on Sundays during the month of December until 1 0:00 p.m. * * * * *" Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 5. This Ordinance shall become effective IMMEDIATELY after final reading and adoption thereof.{2} d Footnotes: {1} 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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Puge 2 of 2 Printed On: 4/9/2004 ~~'I.\ 0/' I",. "'-' '/ ~", .'~ * ' . Il<:"H..'f1~" ~, ufu $' ....."". ~' Cr).. r\.o City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.cLmiamLfI.u$ Enactment Number: 12455 File Number: 03-0199 File Type: Ordinance Status: Mayor's Office for Signature Version: 2 Reference: Controlling Body: City Commission File Name: Alcohol Sale Introduced: 10/29/2003 Requester: District 1 Cost: Final Action: 12/18/2003 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4. ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL." TO EXTEND THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD BY LIQUOR PACKAGE STORES FROM 10 P.M. TO 12 MIDNIGHT; MORE PARTICULARLY BY AMENDING SECTION 4-3(a)(5) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 03-0199 - cover memo.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 2 Law Department 11/4/2003 Reviewed and Approved City Commission 11/13/2003 PASSED ON FIRST Pass READING City Commission 12118/2003 ADOPTED Pass Mayor's Oftice 12/24/2003 Signed by the Mayor 2 2 City aIM/ami Page J Prillted 011 4/9/2()()4 City of Miami Legislation Ordinance: 12453 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.f1.us File Number: 03-0142 Final Action Date: 12/18/2003 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4/ CHAPTER 54, ARTICLE 1/ CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, PUBLIC WORKS DEPARTMENT/STREETS AND SIDEWALKS, IN GENERAUSUBDIVISION REGULATIONS" TO PROVIDE AN ALTERNATIVE METHOD FOR PROPERTY OWNERS TO VACATE AND CLOSE ALLEYS WHICH ABUT ONLY RESIDENTIAL PARCELS OF LAND ZONED R-1 AND/OR R-2 AND ESTABLISHING FEES FOR SAID VACATIONS AND CLOSURES; MORE PARTICULARLY BY AMENDING SECTIONS 2-269,54-4, AND 54-15; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SEE COMPLETE LEGISLATION FILE NO 03-0142 IN ATTACHMENTS Footnotes: City of Miami Page J of J Printed On: 41912004 .~ City of Miami Legislation Ordinance City Hall 3500 Pen American Drive Miami. FL 33133 www.ci.miaml.f1.us File Number: 03-0141 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4/ CHAPTER 54, ARTICLE II CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, PUBLIC WORKS DEPARTMENT/STREETS AND SIDEWALKS, IN GENERAU SUBDIVISION REGULATIONS" TO PROVIDE AN ALTERNATIVE METHOD FOR PROPERTY OWNERS TO VACATE OR CLOSE ALLEYS WHICH ABUT ONLY RESIDENTIAL PARCELS OF LAND ZONED R-1 AND/OR R-2 AND ESTABLISHING FEES FOR SAID VACATIONS AND CLOSURES; MORE PARTICULARLY BY AMENDING SECTIONS 2-269, 54-4, AND 54-15 ; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami 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 amend the City Code to provide an alternative method for the closure and vacation of alleys which abut parcels of land zoned residential R-1 and/or R-2 only; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1.The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2.The Code of the City of Miami, Florida as amended, is further amended in the following particulars :{1} "Chapter 2 Administration in General Article IV. Division 4. Public Works Department Sec. 2-269. Checking and recording plats and allev closures or vacations--Fee schedule; waiver of fee. * * * * * * City 01 Miami PQR~l olll Printed On: 11/1712003 File Number: 03-0142 !9 Fees to be charaed oursuant to section 55-15 (j) and 55-15 en orovidlna for an alternative method for the closure or vacation of alleys which abut oarcels of land zoned solelY residential. ADollcation Fee. . . . . . . . . . 5500.00. Recordina Fee. . . . . . . . . . . .** Publication Fee. . . . . . . . . . ... Vacation and Allev Closure Fee oursuant to Section 62-156(6}. . . . . , . Not apolicable (5) (5) ."* These fees shall be determined contingent uoon fees charaed by the neWSDaDer and Miami-Dade County Recorder's Office at time of oublication and recordation. . . '" . . '" "Chapter 54 Streets and Sidewalks Article I. In General '" '" '" '" * * Sec. 54-4. Closing and vacating of streets. (a) When any owner of property abutting any public street or alley located within the city wishes to close such street or alley or any portion thereof, he shall do so in accordance with Section 55-15 of this Code which provides that he shall file in the office of the clerk of the circuit court in and for the county a record plat of the property through which passes the street or alley or portion thereof which is sought 10 be closed, such plat to show the alley or street or portion thereof as being closed and to include all property abutting thereon except as provided in subsection (b) below 2L in accordance with Section 55-15(i) for the closure of DubUc alleys and Section 55-15m for the closure of Drivats alleys which oroyide for alternate methods of closina and vacatina an alley which abut only Darcels of land zoned R-1 (Sine Ie FamilY Residential) and/or R-2 (Two Family Residential), '" '" '" .. . *11 "Chapter 55 Subdivision Regulations Sec. 55-15. Vacation and closure of rights-of-way and platted easements by plat. Of)' of Miami Pa,e]of8 Printed On: 11/1712003 File Number: 03-0142 (a) Procedure, The vacation and closure of any rights-of-way and/or platted easements, and the reversion thereof to abutting property owners shall be accomplished only through the platting procedure as set forth in section 55-7, subsections (a) "Preliminary conference" through (c) "Filing copies of tentative plat and plat application;" however, the closure or vacation of any alley abuttina onlY carcels of land zoned R-1 (Sinale Family Residential) and/or R-2 (Two Family Residential) may be accomclished by an alternative method as set forth herein below. . . . . . . m. Public AlIevs: Alternative method for closure and vacation of DubUc alleys abuttlna Darcel. of land zoned R-1 (Slnale Famllv Residential) and/or R-2 (Two Famllv ResidentIal). Aoolicability: For oubUc alleys which lie exclusively. abuttina carcels of land zoned R-1 (Sinale Familv Residential) and/or R-2 (Two Family Residential). Any cublic alley which has a Darcel of land abuttina any side which is zoned with areater intensity than R-2 must follow the crocedure established in section 55-15 (a) herein. An allev Ivine between two (2) streets shall not be vacated unless the entire Dortion of the alley between such streets is vacated or closed. Initiatina a reauest for aile v olosure and permitted time for submission of apolioation. m The City Manaaer indeoendentlY or at the direction of the City Commission. may initiate the closure of a public allev abutting oarcels of land zoned R-1 (Sinale Familv Residential) and/or R-2 (Two Familv Residential) durina the first sixty (60) calendar days of each calendar Year. A crooertv owner whose orooerty is abuttina oareels of land zoned R- 1 Sinale Familv Residential) and/or R-2 Two Family Residential) may file an aoclication only durina the first sixty ( 60) calendar days of each calendar year. Any acolication received on the 61st day or thereafter will not be orocessed. A new aoclication may be submitted for the next calendar year in accordance with this section. a. Pre-aoplicBtion meetina. Anv orooertv owner makina aoolicatipn to vacate or close a oubliclv dedicated alley must meet with the SUDervisor of Plats. or desianee. and the Director of Plannina and Zonina. or desianee. crior to acolvlna for the vacation or closure. The ouroose of the Dre-aoclication meetina is to aCQuaint the acolicant with the orocedures for vacatinQ or closina an allev and to acauaint the Suoervisor of Plats or desianee with the City of M,'runl Pille 3 of" Prlnt.d On: } 1/1712003 File Number: 03-0142 proposed vacation. b. ADD/icatian qrocedures. After the pre-application meetina. the applicant shall submit to the Supervisor of Plats. or desianee. a completed publicly dedicated allev application packaae. The application packaae shall consist of the followina: .w.. ~ ~ !.41 @ !ID. Completed application form: Non-refundable application fee pursuant to Section 2-269 of this Code: Leaal descriotion of all parcels of land abuttina alley proposed to be vacated or closed: List of all owners. Includina addresses. that abut the alley to be vacated or closed pursuant to the most current Miami-Dade County Tax Roll and dated no later than 10 days prior to submission of acplication: Proof of ownershic by the aDPlicant of the oroDerty which abuts the alley to be vacated or closed: and Statement from apolicant as to whether the general oublic currentlv uses the alley. includina Dublic service vehicles such as trash and garbaae trucks. Dolice. fire and/or other emeraency vehicles during the past twelye (12) months. c. Publication Reauirement. Notice of the Plat and Street Committee Meeting shall be published with the Clerk of the City prior to the Plat and Street Committee Meetina. Notice of the Dublic hearing before the Zonina Board shall be Dubllshed. one time. in a newspacer of aeneral circulation in the municipality at least ten (10) days prior to the date of the Zonina Board hearina. d. Natiqe to other DroDerty owners bY U. S. Mail and Dostina at each entrancele)(it way of allev. Notice shall be sent via U.S. Mail. Certified Return Receipt ReQuested to all proDerty owners that abut the oroposed alley to be vacated or closed. Additional notice may be reauired as specified on the instrument of dedication of the public allev. The City shall also Dost notice of the public hearing at each entrance/exit of the allev. e. Plat and Street Committee Review. The application shall be submitted to the Plat and Street CommUtee fifteen (15) days crior to the next meeting. The Plat and Street Committee shall make a recommendation to the Zonlna Board. in writina. of its findinas of fact and whether the Plat and Street Committee recommends to unconditionallv aoprove. approve with conditions. or deny the reQuested vacation and closure. After issuance of the findinas of fact and recommendations by the plat and street committee. the aDDlicant shall make aoplication for a DubUc hearina with the Zonina Board. Zonina Board Authority. The Zonina Board or its successor is desiQnated as the authority to render decisions oertainina to the closure and/or City of Miami P,lnted On: JlI171200J Pal/It -I of 8 File Number: 03-0142 vacation of allevs pursuant to the provisions of this sec1ion. Zonina Board Determination. Upon receipt of the Plat and Street Committee's recommendation. the Zoning Board shall determine whether the requested vacation or closure may be aranted because it is in the best interest of the public. Determination of the closure shall be based on whether the alley Drovides the pu~lic services. The Zonina Board shall then by Resolution approve. deny or aDDrove with conditions. the reauested vacation or closure If such action is determined to be in the best interest of the public. The Zonlna Board shall deny the reauest if the evidence does not support the vacation or closure would be in the best interest of the public and the erimarv reason for the closure Is to Drovide a benefit for the appllc~nt or adiacent property owners. The Zonina Board may attach conditions to an approval includina. but not limited to. access and utilitv easements reservation. landscaplna. and public access easement. ADoBa/ to the Citv Commission. Decisions of the Zonina Board are to be deemed final unless. within fifteen (15) calendar days of the date of 1he board decision. a reauest for review bv the city commission ;s made in the manner set forth in the Zonina Ordinance. Receiot of fees for aDDroved allev closures and vacaUons. Upon receiet of notification of alley closure or vacation approval. the applicant will submit such fees that are reauired for the publica1ion of closure and vacation and recordim:z fees pursuant to Section 2-269 of this Code. Automatic Reservation of Easement and Drocedure for release thereof. The City shall automaticallv reserve an easement over. across and under said lands for the installation. maintenance and operation of any utility located or to be locat~d in the allevs or portions thereof vacated or closed pursuant to this section. If the aPDlicant desires that no easement be reserved. then as part of the application packaae referred 10 in section 55-15(iHd)(lJ). applicant is to submit release letters from all utilitv companies statina that said utilitv company will release any interest in an easement for the allev beina vacated or closed. Zonina of vacated al/ev. The district use and area reaulations aovernina the property abu1tina upon each side of such allev shall be automaticallv extended to the reversionarY line of the allev included within the vacation or closure. unless otherwise soecified. Recordina of Instrument in the DubUc record. The proof of Dublication of notice of public hearina and the resolution as adopted. shall be recorded in the deed records of Miami-Dade County. Florida. Authorization for Citv Manaaer to correct anv tVDoaraDhical and/or non- substantial errors. In the instance when a certified Opinion of Title is received and reviewed by the City Attorney demonstratlna that a tvpoaraphical and/or non-substantial error has occurred in the leaal description of an alley or abuttina parcels of land that was closed pursuant to this section. the City Manaaer is authorized to execute documents. in a form acceotable 10 the City Attornev. 10 correct any defects In the instrument. City 01 Miami Page 5018 Prl,,'ed On; 11/1712003 -' . l File Number: 03-0142 W m Private Allevs: Alternative method for vacation and closure of Drlvate allevs abuttinG parcell of land zoned R-1 (Slnole FamilY Residential) and R-2 (Two Family Resldentlan. !2l Aoolicability: This section aoolies to the closure or vacation of any Drivate aUev. which lies eXClusively. abutting carcels of land zoned R-1 ( Sinale Familv Residential) and R-2 (Two Family Residential. Any orivate alley which has a Darcel of land abuttina any side which is zoned with qreater intensity than R-2. must follow the procedure established in section 55-15 of this Code. An alley Iving between two (2) streets shall not be closed or vacated unless the entire oortion of the alley between such streets is closed or vacated. llQ} Initiation of a reauest for allev closure and oam/ittad time for submission of aoolication. (a) A prooertv owner whose DroDerty is abutting a oarticular private alley as described in section 55.15(iHa) of this Code and by followina the procedure as stated in this section 55-15(jHc) may file an application only during the first sixtv (60) calendar days of each Year. Any application received on the 61st day or thereafter will not be processed. A new aoolication must be submitted for the next calendar year. (3) Procedures: Pre-aoolication meatina. Anv oerson orooosina to vacate a orivatelY dedicated alley must meet with the Suoervisor of Plats. or desianee. and the Director of Plannina and Zonina. or deslenee. prior to applyina for the closure or vacation. The Duroose of the ore- aDDlication meetina is to Bcauaint the aODllcant with the orocedures for closina or vacatina an allev and to acauaint the Suoervisor of Plats. or desianee. with the oroDosed vacation. Aoolication orocedurss. After the Dre-aDDlieation meetina. the aooHeant shall submit to the Suoervisor of Plats. or desianee. a comoleted privately dedicated alley aDDlication Dackaae. The aODlication packaae shall consist of the followine information: d. ill Completed aDolicati9n form: Application must be executed bY ALL Dropertv owners which abut the Drivate alley: (2) Receiot of non-refundable BPDllcation fee pursuant to Section 2- 269 of this Cod~: (3) Survey of orivate allev to be closed or vacated includina all abuttlna Darcels of land with z9nina desianations. certified bv a crofessional surveyor and maPDer. Also. the survey must include the teaal descriotion and ecresee of allev oroDosed to City oj Mioml POle 60J8 Printed On: 11/17/1003 -.\ File Number: 03-0142 be closed or vacated: (4) Proof of ownershiD from all the proDertv owners that abut the Drivate allev to be closed or vacated: @ Releases from all utilitv camDan'es and Statement from aDDUcent as to whether the aeneral DubUc currentlv uses the allev. includina DubUc service vehicles such as trash and aarbaee trucks. Dolice. fire and/or other emerQencv vehicles durina the Dast twelve (12) months. !Ql (cJReview Drocess. 1. Publication Reauirement. Notice of the Plat and Street Committee Meetina shall be Dublished with the Clerk of the City Drior to the Plat and Street Committee Meeting, 2. Plat and Street Committee Review. The aODlicBtion shall be submitted to the Plet and Street Committee fifteen (15) days Drior to the next meetina. The Plat and Street Committee shall make a recommendation to the Zonina Board, in writina. of its findinas of fact and whether the Plat and Street Committee recommend to the Zonina Board that the City of Miami does or does not have any interest in the Drivate allev, After issuance of the findinas of fact and recommendations bv the Dlat and street committee. the aDDllcant ' shall make aPDlication to the Zonina Boards administration. or its successor. for a public hearina bv the City Zonina Board for the vacation and closure. 3. Zonina Board Authoritv. The Zonina Board or Its successor is desianated as the authority to render decisions Dertainina to the closure and/or vacation of allevs Dursuant to the Drovisions of this sectlor). 4. Zonina Board Determination. Uoon receiot of the Plat and Street Committee's recommendation. the Zonina Board shall determine whether the City of Miami has any interest in the closure of the Dlatted Drivate alley and that it is in the interest of the DubUc aood to consent to the closure or vacation of the crivate allev. The Zonina Board shall bv Resolution consent. consent with conditions or obiect to the reauested closure or vacation. The condition of the aDoroval of the closure or vacation may be in the form ofa reservation of easement. 5. ADDeals to the City Commission. Decisions of the Zonina Board are to be deemed final unless. within fifteen (15) calendar davs of the date of the board decision. a reauest for review bv the city commission Is made in the manner set forth in Article 20. Section 2002 of the Zonina Ordinance. 6. Final Resolution. The final resolution shall be crovided to the aDoticants for DrODer recordation in the DubUc records of Miami-Dade County. Florida. 7. Zonina of vacated al/ev. The district use and area reaulations aovernina the orooertv abuttina upon each side of such allev shall be automaticallv extended to the reversionarv line of the area included within the closure or City of MiQml PIIge 70111 Prl,ded On: 11/17/2003 ,.I File Number: 03-0142 vacation. unless otherwise specified. ... ... ... ... ... *.. Section 3.AII ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4.lf 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 5. This Ordinance shall become effective immediately after final reading and adoption thereof.{2} PASSED ON FIRST READING BY TITLE ONLY this day of ,2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ,2003. APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARElLO CITY ATTORNEY Footnote.: {1} 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. Astericks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever Is later. City of Miami Page BofB P,inted 0,,: 11/1711003 \\.' OJ. '_1',- ~. .iI", .:: '. -= ... 1.;;.t:tIU.tl~;' ... ~/ atiu ~ ~il' _-..... ~ I 'Il.. r \ .~~ City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Enactment Number: 12453 File Number: 03-0142 File Type: Ordinance Status: Passed Version: 3 Reference: Controlling Body: City Commission File Name: CLOSURE OF ALLEYS Introduced: 10/14/2003 Requester: Cost: Final Action: 12/18/2003 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE IV, DIVISION 4/ CHAPTER 54, ARTICLE 1/ CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS, PUBLIC WORKS DEPARTMENT/STREETS AND SIDEWALKS, IN GENERAUSUBDlVISION REGULATIONS" TO PROVIDE AN AL TERNA TlVE METHOD FOR PROPERTY OWNERS TO V ACA TE AND CLOSE ALLEYS WHICH ABUT ONLY RESIDENTIAL PARCELS OF LAND ZONED R-I AND/OR R-2 AND ESTABLISHING FEES FOR SAID VACATIONS AND CLOSURES; MORE PARTICULARLY BY AMENDING SECTIONS 2-269, 54-4, AND 54-15; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Sponsors: Notes: See Complete Legislation in Attachments Indexes: Attachments: 03-0) 42 -cover memopdf,03-0 142 -legislation.pdt: History of Legislative File Version: Acting Body: Date: Action: Sent To: 2 Law Department J 0/15/2003 Review Pending 2 City Commission 1 ] /25/2003 PASSED ON FIRST READING 3 Law Department 12/8/2003 Reviewed llnd Approved 3 City Commission 12/18/2003 ADOPTED 3 Mayor's Office 12/24/2003 Signed by the Mayor Due Date: Return Date: Result: Pass Pass City of Miami Page I Prlllted on 4/9/2004 .:.. 1)' .:.. ~ ~'I';/~ -~~- .. IIlOr..-It.IIUa " ~ ail,. '" ,.......;/ ... ,~..... (lJ.. ,.\,...... City of Miami Legislation Ordinance: 12430 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 03-0100b Final Action Date: 11113/2003 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City's current parade regulations, which govern parades, demonstrations, rallies and assemblies, were enacted more than twenty years ago; and WHEREAS, the statutory and judicial laws governing parades, demonstrations, rallies and assemblies have developed and are significantly different than law as it existed at the time of enactment; and WHEREAS, current technology, communication and materials available have altered the manner in which such events occur, and the nature and level of the activity of those participating in such events have changed significantly since the enactment of the current regulations; and WHEREAS, in recent years, civil unrest and disturbance have occurred at parades and assemblies, accompanied in some instances by significant personal injuries and property damage, including injuries and damage caused by the use of various weapons and projectiles including some or all of those items specified in Section 2 of this Ordinance; and WHEREAS, courts have recognized the right of jurisdictions to enact reasonable time, place and manner restrictions related to parades, demonstrations, rallies and assemblies while protecting the First Amendment rights of groups and individuals wishing to express their views by such demonstrations, rallies and assemblies; and WHEREAS. the regulations of the City of Los Angeles restricting the size, nature and shape of sign handles were recently upheld by the Ninth Circuit Court of Appeal. See: Vlasak v. Superior Court, 329 F.3d 683 (9th Cir. 2003). See also: Edwards v. City of Coeur D'Alene, 262 F.3d 856 (9th Cir. 2001); Foti v. City of Menlo Park, 146 F.3d 629 (9th Cir. 1998); and WHEREAS, the City of Miami wishes to ensure the safety and security of those viewing, attending, or participating in parades and assemblies, the residents and businesses, and the City of Miami Page 1 of 5 Primed On: 4/9/2004 ~ File Number: 03-01 DOb Enactment Number: 12430 public officials and employees responsible for handling or overseeing such events on public property in the City of Miami to reduce or avoid the possibility of personal injury and property damage; and WHEREAS, the City of Miami recognizes the First Amendment rights of those wishing to express their views, both individually and collectively, on issues addressed at or in future parades, protests, demonstrations, rallies; and WHEREAS, it is appropriate for the City Commission to enact regulations relating to parades and assemblies to ensure the safety and well-being of individuals and property, while ensuring the First Amendment rights of those wishing to associate and to express their views, both individually and collectively; and WHEREAS, it is the purpose and intent of the City of Miami, in enacting the regulations set forth in Section 2 of this Ordinance, to establish reasonable time, place and manner restrictions for parades and assemblies to ensure the safety and well-being of individuals and property, while at the same time ensuring the First Amendment rights of those wishing to associate and to express their views, both individually and collectively; and WHEREAS, in enacting these regulations, the City is cognizant of recent court decisions that authorize the enactment of reasonable time, place and manner restrictions, and the City is also cognizant of its obligation not to improperly restrict the First Amendment rights of individuals and groups wishing to associate and to express their First Amendment views on any and all issues, and to do so in a robust, vigorous manner; and WHEREAS, the regulations in Section 2 of this Ordinance restrict only the types of materials that those participating in parades, demonstrations, rallies and assemblies may have in their possession, and do not interfere with their rights of association and expression; and WHEREAS, the materials restricted or prohibited by Section 2 of this Ordinance have the potential to be used as weapons and to inflict personal and property damage, or to provide protection by preventing permitted law enforcement controls related to those participating in the use of such weapons and the infliction of personal and property damage, and the materials have been used for this purpose in events in other jurisdictions; and WHEREAS, it is therefore, reasonable and appropriate to restrict possession of certain materials as a reasonable time, place and manner regulation; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA: ' Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 54 of the Code of the City of Miami, Florida, as amended, entitled "Streets and Sidewalks" is amended in the following particulars:{1} City of Miami Page 2 of5 Printed On: 4/9/2004 Fife Number: 03-01 OOb Enactment Number: J 2430 "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL * * * * * Sec. 54-6.1. Parade and Assemblv Prohibitions @1 Definitions. The term "Parade" shall mean a coordinated movement of seven (7) or more pedestrians or vehicles upon the streets. within the city with an intent of attractino public attention that interferes with or has a tendency to interfere with the normal flow or reQulation of traffic upon the street . The term "Public Assemblv" shall mean a Qatherino outside a structure of more than eioht (8) persons for a common purpose at a public place that continues in existence for more than thirty (30) minutes. fQl The follow;no prohibitions shall applv to all parades and public assemblies: .L It shall be unlawful for any person at any parade or public assemblv to carrv or possess any weapon, as defined below. For purposes of this chapter. and notwithstandino any other provision of this code. "weapon" means any pistol. rifle. shotoun or other firearm of any kind. whether loaded or unloaded. air rifle. air pistol. paintball oun. paintball rifle. explosive. blastino cap(s), knife. hatchet. ax. slinoshot. slunoshot. blackiack. metal knuckles. mace. iron buckle. ax handle. chains. crowbar, hammer. shovel. or any club or bludQeon or any other instrumentalitv used or intended for use as a danoerous weapon. ~ It shall be unlawful for any person to carrv or possess any sion, poster, plaque or notice unless such sion, poster. plaque. or notice is constructed solelv of a cloth. paper. flexible or cardboard material no oreater than one-Quarter inch in thickness. 3. It shall be unlawful for any person to carry or possess any lenoth of lumber, wood or wood lath unless it is one-fourth inch or less in thickness and two ;nches or less in width or if not oenerallv rectanQular in shape. such obiect shall not exceed three-quarters inch in its thickest dimension. Both ends of the lenQth of lumber. wood or wood lath shall be blunt and shall not be pointed. Exceptions from this section include 1) lumber or wood used to support or control puppets. so rono as the lumber or wood is not detached from the puppets and 2) stilts. defined as two poles with footrests off the around on which someone balances or walks so lono as each stilt does not exceed fifteen (15) feet in renqth and two bv two (2X2) inches in width. 4. It shall be unlawful for any person to carry or possess any lenClth of metal, plastic or other similar hard of stiff material. whether hollow or solid; provided that hollow plastic does not City of Miami Page 3 of 5 Printed On: 41912fJ04 . ~ File Number: 03-01 DOb Enactment Number: /2430 exceed three-Quarter (3/4") inch in its thickest dimension. does not exceed one-eiahth inch (1/8") in wall thickness and is not filled with any material. liauid. aas or solid. may be used to support a sign. banner. placard or other similar displav: however. both ends of the lenQth of plastic material shall be blunt. and not pointed. 5. It shall be unlawful for anv person to carry or possess alass bottles. alass iars or alass containers of anv kind unless such alass container is a vial reauired to hold medication customarilv stored in a alass vial. 6. It shall be unlawful for any person to carry or possess balloons filled with any material or substance other than air, oxvaen or helium. Such materials and substances include, but are not limited to, water. paint. or any other liauid, solid, or other aas. 7. It shall be unlawful for any person to carry or possess bricks. stones, rocks. or pieces of asphalt or concrete. No person may carry or possess with the intent to unlawfullv use any hard materials or substances or pieces of hard materials or substances that are capable of beina thrown or projected. ~ It shall be unlawful for any person to carry or possess spray paint cans. 9. It shall be unlawful for any person to carry or possess any projectile launcher or other device which is commonlv used for the purpose of launchina, hurlina or throwina any object. liauid. material or other substance. includinCl, but not limited to. supersoakers and watercannons. NothinCl in this subsection is intended to prohibit or restrict those participatinCl in parades. demonstrations, rallies or assemblies from possessina sufficient amount of water or other Iiauids desiClned and intended for human consumption durina such events. 10. It shall be unlawful for any person to carry or possess any so called SleepinCl Draaon Device. with the intent to use the device to deny or obstruct the public's ability to freelv move about on roadways, sidewalks. or into or out of buildinCls. For purposes of this subsection. a SleepinCl DraClon Device shall mean a section of pipe, or a container, filled with weiahted material. handcuffs, chains, carabiners or other lockina devices used to lock a person or persons to another person or persons or other obiects. Nothina in this section shall prohibit a disabled person from carryina, possessina or usinCl a wheelchair, cane, walker. or similar device necessary for providina mobility so that the person may participate in a parade. Nothina in this section is intended to authorize the possession or use of materials, weapons or devices that are otherwise prohibited bv any other local. state or federal ordinance. statute or reaulation. The purpose of this section is to prohibit the carryina or possession of items and materials that have the potential to be used as weapons to cause phvsical or personal damaae. and whose possession miClht not otherwise be prohibited bv local. state or federal law. * * * * *" City of Miami Page -I uf5 Printed On: 419/2004 . '. File Number: 03-0100b Enactment Number: /2430 Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 5. This Ordinance shall become effective IMMEDIATELY after final reading and adoption thereof.{2} Footnotes: {1} 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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. CityalMiami Page 5 0/5 Printetl On: 4/9/20f)4 ,\' 01' f'-~.JI'\. .. ,.... 11l~I'J, tUl{lI ~ lro';,tI ~ ~.:;" ,..J... '\~' (rJ.. f\" City of Miami Master Report City Hall 3500 Pan American Drive Miami, FL 33133 www.cLmiamLfl.us File Number: 03-0100b File Number: 03-0100b Version: 2 Requester: File Type: Ordinance Reference: Cost: Status: Passed Controlling Body: City Commission Introduced: 11/04/2003 Final Action: 11/13/2003 File Name: PARADES AND PUBLIC ASSEMBLIES Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TrME, PLACE AND MANNER REGULA TIONS CONCERNING MATERIALS AND OBJECTS THAT MA Y BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Notes: Code Sections: Indexes: Sponsors: Attachments: 03-01 00b-memo-1. pdf,03-01 00b-submission-2. pdf,O 3-0100b-submission-3.pdf,03-0100b - correspondence - 4.pdf, Agenda Date: Agenda Number: Enactment Date: Enactment Number: 12430 History of legislative File Ver- Acting Body: sion: Date: Action: Sent To: Due Date: Return Result: Date: 2 City Commission 11/13/2003 ADOPTED 2 Law Department 11/14/2003 Reviewed and Approved 2 Mayor's Office 11/18/2003 Signed by the Mayor Pass Text of legislative File 03-0100b City of Miami Page 1 Printed on 4/9/2004