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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Ordinance: 13775 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3719 Final Action Date: 7/26/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "NOISE/OFF-STREET FREIGHT AND COMMERCIAL DELIVERY HOURS," BY ESTABLISHING REGULATIONS AND ADDING ADDITIONAL HOURS; PROVIDING EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Wifredo (Willy) Gort WHEREAS, work and noise created by off-street freight and commercial deliveries directly affects residential neighborhoods adjacent to delivery sites; and WHEREAS, it is in the best interest of the City of Miami ("City") and its residents that Chapter 36-9 of the Code of the City of Miami, Florida, as amended ("City Code"), be further amended so that freight and commercial delivery times be curtailed to have less of a negative impact on the lives and welfare of residents living within one hundred (100) feet of a delivery site as described below and delineated in Exhibit "A," attached and incorporated; and WHEREAS, commercial property owners have the ability to control deliveries to their properties and this Ordinance will improve the daily lives of the surrounding residents to such businesses; 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 36 of the City Code is further amended in the following particulars:1 "CHAPTER 36 NOISE Sec. 36-9. - Off-street freight and commercial delivery hours pilot program. (a) Intent. In order to alleviate the continued freight and commercial delivery noise that occurs between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and between the hours of 8:00 p.m. and 8:00 a.m. on weekends in commercial areas abutting residential 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. City of Miami 3719 Legislation -SUB Page 1 of 2 File ID: 3719 (Revision: D) Printed On: 1/8/2019 File ID: 3719 THIS DOCUMENT IS A SUBS11TUl1ON TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 13775 T3 Transect Zones, the following pilot program is instituted for a period of one (1) year and will automatically tcrminate July 31, 2018, and shall apply City wide only to ar as abutting rccidential T3 Transect Zoncs in District 1 and District 'I unlcss otherwicc cxtcndcd or cxpandcd by affirmativc votc of the City Commission. All delivery vehicles are required to comply with Section 316.1975, Florida Statutes, during the delivery process. Due to their uniqueness, the following areas shall be exempted from this Section: District 5, Coconut Grove Business Improvement District as defined in Section 2-1250 of the City Code, the Downtown Development District as defined by Section 14- 27 of the City Code, and the Allapattah Produce Market as defined by Section 35-374 of the City Code, all as delineated in Exhibit "A," attached and incorporated, and as amended from time to time. (b) It shall be unlawful for any freight or commercial deliveries to be received or staged on a property that is within one hundred (1001 feet of a T-3 Transect Zone in District 1 and District '1 between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and between the hours of 8:00 p.m. and 8:00 a.m. on weekends. Any violation of this Subsection is punishable by a fine of $5-0250.00 for a first offense, and $500.00 for each offense thereafter and shall be enforced against the property owner under the provisions of Chapter 2, Article X of this Code, and any other remedies as provided by law including, but not limited to, an action for injunctive relief in the Circuit Court. The use of one remedy shall not preclude the use of another. (a) In the case of a declared state of emergency affecting the City and for its duration, this Section shall not be in force and effect. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: L4t dez, ity ttor 1 10/17/2018 dez, ity ttor / 11/26/2018 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 2 of 2 File ID: 3719 (Revision: D) Printed on: 1/8/2019 SUBSTITUTED City of Miami Legislation Ordinance: 13775 File Number: 3719 City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date; 712• 018 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 36/SECTION 36-9 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "NOISE/OFF-STREET FREIGHT AND COMMERC L DELIVERY HOURS," BY ESTABLISHING REGULATIONS AND ADDIN ADDITIONAL HOURS; PROVIDING EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE D SPONSOR(S): Commissioner Manolo Reyes, Commissioner Wifred WHEREAS, work and noise created by off-street freight and mmercial deliveries directly affects residential neighborhoods adjacent to delivery sites:: nd WHEREAS, it is in the best interest of the City of Miami City') and its residents that Chapter 36-9 6 of the Code of the City of Miami, Florida, as am nded ("City Code"), be further amended so that freight and commercial delivery times be • rtailed to have less of a negative impact on the lives and welfare of residents living within . e hundred (100) feet of a delivery site, as described below and delineated in Exhibit "A," ached and incorporated; and VVHEREAS, commercial property owners h. e the ability to control deliveries to their properties and this Ordinance will improve the da lives of the surrounding residents to such businesses: NOW, THEREFORE, BE IT ORDAIN D BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and fi ► ■ ings contained in the Preamble to this Ordinance are adopted by reference and incorpor ed as if fully set forth in this Section. Section 2. Chapter 36 ► the City Code, is further amended in the following particulars:1 "CHAPTER 36 NOISE Sec. 36-9. 0 treet freight and commercial delivery hours -pi r . (a) - In order to alleviate the continued freight and commercial delivery noise that o� urs between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and between the ours of 8:00 p.m. and 8:00 a.m. on weekends in commercial areas abutting residential ords and/or figures stricken through shall be deleted. Underscored words and/or figures shall be dded. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 1 of 2 File ID: 3719 (Revision: C) Printed On: 11I7/2018 SUBSTITUTED Fie ID; 3719 Enactment Number: 13775 T3 Transect Zones, the following pilot -program is instituted for a period of one (1) year and will automatically terminate July 31, 2048, and --shall apply City wide only -to -areas abutting residential T3 Transect Zones in District 1 and -District 4-unless otherwise . All delivery vehicles are required to comply with Section 316.1975, Florida Statutes, during the delivery process. The following areas shall be exempted from this Section: District 5, Cocon Grove Business Improvement District as defined in Section 2-1250 of the City Co►-, the Downtown Development District as defined by Section 14-27 of the City Code, - d the Allapattah Produce Market as defined by Section 35-374 of the City Code, all =s delineated in Exhibit "A," attached and incorporated and as amended from me to time. (b) It shall be unlawful for any freight or commercial deliveries to be receiv- d or staged on a property that is within one hundred (1001 feet of a T-3 Transect Zone District 1 and District 1 between the hours of 11:00 p.m. and 7:00 a.m. on weekds and between the hours of 8:00 p.m. and 8:00 a.m. on weekends. Any violation of Subsection is punishable by a fine of $ ;250.00 fora first offense, and $500.+I for each offense thereafter and shall be enforced against the property owner u- der the provisions of Chapter 2, Article X of this Code, and any other remedies a : provided by law including, but not limited to, an action for injunctive relief in the Ciro Court. The use of one remedy shall not preclude the use of another. (a) In the case of a declared state of emergency affect q the City and for its duration, this Section shall not be in force and effect. *s, Section 3. If any section, part of a sectio paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall b ame effective thirty (30) days after its adoption and signature of the Mayon' APPROVED AS TO FORM AND CO'`RECTNESS: ity 10/17/2018 2 T Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) d s from the date it was passed and adopted. if the Mayor vetoes this Ordinance, it shall become ffective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later City of Miami Page 2 of 2 File ID: 3719 (Revision: C) Printed on: 11/7/2018