HomeMy WebLinkAboutO-13449City of Miami
Legislation
Ordinance: 13449
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00279 Final Action Date: 4/24/2014
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/CODE ENFORCEMENT", MORE PARTICULARLY
BY AMENDING SECTION 2-829 ENTITLED "SCHEDULE OF CIVIL PENALTIES",
PROVIDING FOR THE CIVIL PENALTY FOR A VIOLATION OF THE GARAGE SALE
ORDINANCE; AND AMENDING CHAPTER 62/ARTICLE XIII OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND
ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY CREATING A
NEW DIVISION ENTITLED "GARAGE SALES", CREATING SECTION 62-623
ENTITLED "DEFINITIONS", DEFINING GARAGE SALES; CREATING SECTION
62-624 ENTITLED "PERMIT", DEFINING THE PERMITTING PROCESS; CREATING
SECTION 62-625 ENTITLED "CONDITIONS FOR ISSUANCE", DEFINING THE
REQUIRED CONDITIONS WHICH MUST BE MET TO ISSUE A PERMIT; CREATING
SECTION 62-626 ENTITLED "TIME OF SALE", SETTING THE TIMES IN WHICH A
GARAGE SALE MAY BE HELD; CREATING 62-627 ENTITLED "DISPLAY OF
MERCHANDISE", PROVIDING THE ACCEPTABLE DISPLAY OF MERCHANDISE;
CREATING 62-628 ENTITLED "PROHIBITED MERCHANDISE", PROVIDING FOR
TYPES OF MERCHANDISE TO BE SOLD; CREATING 62-629 ENTITLED "SIGNS",
PROVIDING GUIDELINES FOR GARAGE SALE SIGNS; CREATING 62-630
ENTITLED "ENFORCEMENT", PROVIDING THAT THIS ARTICLE SHALL BE
ENFORCED BY THE CODE COMPLIANCE DEPARTMENT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, in the interest of public policy, the City of Miami shall regulate garage sales through
the issuance of a permit; and
WHEREAS, a property owner may obtain a maximum of two (2) garage sale permits in any one
(1) calendar year; and
WHEREAS, a property owner may obtain a garage sale permit at no cost; and
WHEREAS, a property owner found in violation of this section shall have his garage sale
privileges revoked for one (1) calendar year in addition to any code enforcement fines that may be
allowed by law;
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 fully set forth in this Section.
City of Miami
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File Number: 14-00279 Enactment Number: 13449
Section 2. Chapter 2/Article X of the Code of the City of Miami, Florida, as amended ("City
Code"), in the following particulars:{1}
"CHAPTER 2
ADMINISTRATION
ARTICLE X. CODE ENFORCEMENT
Sec. 2-829. Schedule of Civil Penalties.
(a) The table contained herein in subsection (b) lists the sections of city ordinances or the city Code,
as they may be amended, from time to time, which may be enforced pursuant to the provisions of
this article; and prescribes the dollar amount of civil penalty for the violation of these sections. For all
contested tickets, an additional ten percent will be charged.
(b) The "descriptions of violations" below are for informational purposes only and the civil penalties
attached are meant only as proposed figures not intended to limit the nature, number of or amount
of fines to be imposed for the violations which may be cited in this section. To determine the exact
nature of the activity prescribed or required by this Code, the relevant Code section, ordinance or
treatise cited in the specific violation must be examined.
* * *
ZONING ORDINANCE 11000 OR EQUIVALENT UNDER MIAMI 21 CODE
Article Code Section Description of Violation Civil Penalty
* * * *
906.10 62-624-630 Illegal Garage Sale 52.50 50.00
*11
Section 3. Chapter 62/Article XIII, Division 10 of the City Code is amended in the following
particulars:{1 }
"CHAPTER 62
PLANNING AND ZONING
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ARTICLE XIII. PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
DIVISION 10. GARAGE SALES
Sec. 62-623. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Front Yard means an open area extending the full width of the lot upon which the
residence is located between the main residence and the front property line.
Garage Sale means a sale at which tangible personal property is sold at a single family
residence, multifamily residence, school, or place of worship. The term shall include, but
not be limited to, "lawn sale," "attic sale," "rummage sale," or "yard sale."
Occurrence means the time -frame given in each individual permit for a period not to
exceed two (2) days.
Property Owner means the person or entity having title to the real property in question, or
the manager of the property when the property owner has authorized the manager to
maintain and operate the property and has so informed the City's NET office in writing. For
condominium buildings, the term "Property Owner" shall mean the condominium
association.
Sec. 62-624. Permit.
(a) No Property Owner shall conduct a Garage Sale within the City without first obtaining a
permit.
(b) All persons wishing to obtain a Garage Sale permit shall submit an application with any of
the City's NET offices. A permit may be obtained at no cost to the Property Owner.
(c) Applicants for Garage Sale permits must provide the following information to the City at the
time of application:
1. Name of the person conducting the Garage Sale or Property Owner at which the
Garage Sale will be located if different from the person conducting the Garage
Sale.
2. Location where the Garage Sale is to be conducted.
3. Number of days the Garage Sale is to be held.
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4. Dates of any Garage Sales at the subject location within the past twelve (12)
months.
5. Length of time the applicant has resided at, or operated, the subject location.
6. Owner(s) of the property to be sold if different from the person conducting the
Garage Sale.
7. Nature of the goods to be sold.
8. Any previous violations of the City Code in the past twelve (12) months and
whether the fines were paid.
(d) Applications for Garage Sales to be located at multifamily residence buildings, schools, or
places of worship must be accompanied by the written permission of the Property Owner.
(e) Applications for Garage Sales to be located at single family residences shall be
accompanied by proof of residence, which may be a current driver's license, voter
registration, or county tax assessor's bill.
fl All Garage Sale permit requests must be made no later than 12:00 p.m. of the day prior to
the requested date of the sale. Responses to the requests (i.e., permit approval or permit
denial) will be issued to the applicant immediately upon review of the application.
Sec. 62-625. Conditions for Issuance.
(a) A Garage Sale permit as required by Sec. 62-624 shall be issued for a Garage Sale
located in any one (1) single-family residence, multifamily residence, school, or place of
worship building on no more than two (2) Occurrences during any twelve (12) month
period.
(b) Each Garage Sale permit must be prominently displayed on the premises upon which the
Garage Sale is held at all times while the sale is in progress.
(c) No Garage Sale permit shall be issued to a person who has conducted a Garage Sale
without obtaining a permit within the preceding twelve (12) months or who has outstanding
unpaid fines imposed pursuant to Chapter 2, Article X, of the City Code, or to a person
applying to conduct a Garage Sale from a premises where an unpermitted Garage Sale
was conducted within the last twelve (12) months.
Sec. 62-626. Time of Sale.
Garage Sales shall be held only on weekends and holidays during daylight hours. Garage
sale dates and time limitations may be waived by an affirmative vote of the city
commission
Sec. 62-627. Display of Merchandise.
(a) All merchandise to be sold at a Garage Sale shall be displayed in an enclosed room,
enclosed garage, or in a carport. At no time shall merchandise be displayed on a public
right-of-way or swale area; however, if no enclosed garage or carport exists at the location,
merchandise may be displayed on a private driveway, rear yard or portion of the Front
Yard not to exceed twenty-five (25) percent of the total Front Yard area. All items used or
displayed at a Garage Sale shall be removed from unenclosed areas by the end of the last
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day of the sale.
(b) Notwithstanding the provisions of Sec. 31-26 of the City Code, a Local Business Tax
Receipt is not required in order to conduct a Garage Sale when a Garage Sale permit has
been obtained.
Sec. 62-628. Prohibited Merchandise.
Merchandise to be sold at a garage sale shall be merchandise that has been previously
used. It shall be prohibited to sell new merchandise or merchandise that is sold in bulk as
from a carton, crate, bushel or other container commonly used in retail business. No
garage sale permit shall be issued for the sale of merchandise prohibited by this section.
Sec. 62-629. Signs.
(a) Signs advertising a Garage Sale shall not be displayed before 6 A.M. of the first day of the
sale and shall be removed by 8 P.M. of the last day of the sale. A Garage Sale permit
issued pursuant to Sec. 62-624 shall be required in order to display any signs.
(b) No such signs shall be displayed on any public property or right-of-way, and all sign
placement shall comply with the provisions set forth in Sec. 54-9 of this Code.
(c) No more than two (2) signs advertising a Garage Sale shall be permitted. Such signs shall
not be larger than 12 inches by 18 inches each.
(d) Notwithstanding the provisions of Miami 21 or Sec. 62-619 of this Code, up to two (2)
signs shall be allowed with a valid Garage Sale permit.
Sec. 62-630. Enforcement.
Failure to comply with the requirements of this division shall subject the violator to code
enforcement proceedings pursuant to chapter 2, article X, as amended, of the City Code
as well as an immediate revocation of the Garage Sale permit. This section is in addition to
any and all other remedies and penalties as provided by law in order to compel compliance
with the Code.
*I1
Section 4. If any section, part of a section, paragraph, clause, phrase or word of the 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:
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{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 at 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 or upon the effective date
stated herein, whichever is later.
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