HomeMy WebLinkAboutO-13748City of Miami
q Legislation
Ordinance: 13748
File Number: 3454
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/8/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 1
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"GENERAL PROVISIONS," BY UPDATING LANGUAGE TO COMPLY WITH
CURRENT LEGAL STANDARDS AND PRACTICES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 1 of the Code of the City of Miami, Florida, as amended ("City
Code"), entitled "General Provisions," was last amended by the Miami City Commission in 1997;
and
WHEREAS, laws, standards, and practices have changed in the last twenty (20) years;
and
WHEREAS, Chapter 1 of the City Code should be amended to comply with the current
legal standards and practices;
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 1 of the City Code, entitled "General Provisions," is amended in the
following particulars:'
"CHAPTER 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
The ordinances embraced in the following Chapters and Sections shall constitute, a -Rd be
designated as, and be cited as the "Code of the City of Miami, Florida, as amended" ("Code").
Sec. 1-2. Definitions and F les of ^E)RStF +;„r
this Cede E)F etheF eFdmpapcT This Section provides definitions of terms to be used throughout
' 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.
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File ID: 3454 Enactment Number: 13748
the Code, as defined herein, unless inconsistent with the manifest intent of the City Commission
or the context of this Code:
Charter. The term "Charter" shall mean the Charter of the City of Miami, Florida, as
amended, as printed in part I of this Code .
City. The term "City" shall mean the City of Miami, in the GG61121ty Gf Miami -Dade County
and the State of Florida.
City Commission; or Commission. Wheptever tThe terms "^^mmiccinn" nr "City
Commission" ic-6ised, it or "Commission" shall be ^^ns_+r ^ mean the City Commission of
the City.
City Manager. The term "City Manager" shall mean the head of the administrative branch
of the City government or his or her designee.
Code. The term "Code" shall mean the Code of the City of Miami, Florida, as amended.
,
SaWFday, 96IRday er legal heliday, OR WhiGh eVeRt the PeFOA-d- Gh;_311 FI -IR tht-9 4911d Gf tht-9 ALBA
G_.F 1491313 th;-;P GeVeR days, ipter.m.ediate SaWrdays, 96IRdays and legal helidays shall
be ^v^li i`•!^r! in the nmmpi itatinn
County. The term 41;e County" shall mean Miami -Dade County, in the State of Florida.
Following. The term "Following" shall mean immediately next.
F. S. kA/h^n^„^r +h^ ahhr^y0i;;t he term "F.S." is used, t shall refer te-mean the official
Florida Statutes and all amendments and latest supplements.
females and +^ Firms , paFtReFships and ^^rPrI
^Fati^c , well ^II as +^ mal^c
Mayor. VVheReveF tThe term "Mayor" is -used, it shall be ^^FIstFu^mean the Mayor of
the City of "ori.
Month. The term "Month" shall mean a calendar month.
Office, Officer, Board, Committee, etc. `VheRever a r^f^r^r^^ is maid^ OR this Code +^ ,r„
The terms e##+Ee"Office,,, e##+eeF"Officer', beaFd"Board", ^^rim"Committee", etc—.,t-and
similar terms shall mean of the City of "errand includes any person authorized by law to
perform the duties of such effiGeOffice, ^f�ff eeFOfficer, beardBoard, GeFFIFFlifteeCommittee, etc.
Owner. The word "Owner;" applied te a buildiRg EK I shall iFIGlude mean any part
owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or of
a part of such building or land.
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Person. The term "Person" shall mpd mean a corporation, firm, partnership,
association, organization, or any other group acting as a unit, as well as a natural person.
Preceding g. The terms "Preceding" .;;Ad- mean 4;-e t
immediately before ^nd- no..+ of+or Fe6Pe .+,,,ol.,
Rendition. The term "Rendition" shall mean the filing of the referenced item with the
Clerk of the Board.
State. The term "State" shall mean the State of Florida.
Tenant; Occupant. The terms "Tenant" and "Occupant,"
shall ;n^i mean any perseR-Person who occupies the whole or a part of such building or
land, either alone or with others.
pFeSeRt.Ways; Streets; Highways. The terms "Ways," "Streets," and "Highways," `"4hon 1 1';LQd ;n
aA. ^rd a -shall ho ^s ;n^' d-iA mean any way, street, and highway and include
but not be limited to boulevards, avenues, courts, lanes, alleys, squares, places, terraces, and
sidewalks, so far as the same are public; and each of these words includes every other of
them.
Sec. 1-3. Catchlines of Sections.
The catchlines of the several Sections of this Code printed in boldface type are intended as
mere catchwords to indicate the contents of the Sections and shall not be deemed or taken to
be the titles of such Sections nor as any part of the Sections nor, unless expressly so
provided, shall they be so deemed when any of such Sections, including the catch lines, are
amended or reenacted.
Sec. 1-4. History notes.
The history notes appearing in parentheses after Sections of this Code are not intended to
have any legal effect, but are merely intended to indicate the source of matter contained in the
Section.
Sec. 1-5. References to Chapters or Sections.
All references to chapters or sections are to the chapters and sections of this Code, unless
otherwise specified.
Sec. 1-6. References and editor's notes.
References and editor's notes following certain sections are inserted as an aid and guide to
the reader and are not controlling or meant to have any legal effect.
Sec. 1-7. Certain ordinances not affected by Code.
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File ID: 3454
Enactment Number: 13748
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or
otherwise affect the validity of any of the following when not inconsistent with this Code:
(4-a) Any offense or act committed or done or any penalty or forfeiture incurred
before the effective date of this Code.
(fib) Any ordinance or resolution promising or guaranteeing the payment of
money for the City or authorizing the tee -issuance of any bonds of the City or any
evidence of the City's indebtedness or any contract, right, agreement, lease, deed,
or other instrument or obligation assumed by the City.
(3�E) Any administrative ordinances or resolutions of the City not in conflict or
inconsistent with this Code.
(4d) Any right or franchise granted by any ordinance.
(5e) Any ordinance or resolution dedicating, naming, establishing, locating,
relocating, opening, paving, widening, repairing, vacating, etc., any street or public
right-of-way in the City.
(9f) Any appropriation ordinance.
(7-g) Any ordinance levying or imposing taxes.
(9h) Any ordinances prescribing through streets, parking, and traffic regulations,
speed limits, one-way traffic, limitations on load of vehicles or loading zones.
(!;i) Any ordinances regarding building codes, land use, zoning��rezoning, or
amendment to the zoning map.
(a-Gi) Any ordinance establishing and prescribing the street grades of any street in
the City.
(mak) Any ordinance providing for local improvements and assessing taxes
therefor.
(42I) Any ordinance dedicating or accepting any plat or subdivision in the City.
(gym) Any ordinance annexing territory or excluding territory or any ordinance
extending the boundaries of the City.
(44-n) Any ordinance establishing positions, classifying positions, or benefits or
setting salaries of City officers and employees or any personnel regulations.
(moo) Any temporary or special ordinances.
(gyp) Any ordinance calling elections or prescribing the manner of conducting the
election in accordance with State law.
All such ordinances are recognized as continuing in full force and effect to the same extent as
if set out at length in this Code and are on file in the City Clerk's office.
Sec. 1-8. Amendments to Code.
(a) All ordinances passed subsequent to this Code which amend, repeal, or in
any way affect this Code may be numbered in accordance with the numbering
system of this Code and printed for inclusion in the Code. When subsequent
ordinances repeal any Chapter, Article, Division, Section, e -r -Subsection, or any
portion thereof, such repealed portions may be excluded from the Code by omission
from reprinted pages.
(b) Amendments to any of the Sections of this Code may be made by amending
such Sections by specific reference to the Section number of this Code in
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substantially the following language: "That Section of the Code of
the City of Miami, Florida, as amended, is hereby amended to read as follows:...."
The new Section shall then be set out in full as desired.
(c) If a new Section not existing prior to the adoption of this Code is to be added,
the following language may be used: "That the Code of the City of Miami, Florida, as
amended, is hereby amended by adding a Section to be numbered
which Section reads as follows:...." The new Section may then be set out in full as
desired.
(d) Every Subsection, Section, Division, Article, or Chapter desired to be
repealed must be specifically repealed by Subsection, Section, Division, Article, or
Chapter number, as the case may be.
Sec. 1-9. Supplementation of Code.
(a) By contract or by City personnel, supplements to this Code shall be prepared
and printed whenever authorized or directed by the City. A supplement to the Code
shall include all substantive permanent and general parts of ordinances passed by
the City Commission during the period covered by the supplement and all changes
made thereby in the Code and shall also include all amendments to the Charter
during the period. The pages of a supplement shall be so numbered that they will fit
properly into the Code and will, where necessary, replace pages which have
become obsolete or partially obsolete, and the new pages shall be so prepared that
when they have been inserted, the Code will be current through the date of the
adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have
been repealed shall be excluded from the Code by the omission of the portions from
reprinted pages.
(c) When preparing a supplement to this Code, the codifier, meaning the person,
agency, or organization authorized to prepare the supplement, may make formal,
non -substantive changes in ordinances and parts of ordinances included in the
supplement, insofar as it is necessary to do so to embody them into a unified code.
For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings -ate, or titles for Sections and other
subdivisions of the Code printed in the supplement and make changes in catchlines,
headings, and titles;
(3) Assign appropriate numbers to Sections and other subdivisions to be
inserted in the Code and, where necessary to accommodate new material, change
existing Section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this
chapter," "this article," "this division," etc., as the case may be, or to "sections
through " The inserted Section numbers will indicate
the Sections of the Code which embody the substantive Sections of the ordinance
incorporated into the Code; and
(5) Make other non -substantive changes necessary to preserve the original
meaning of ordinance Sections inserted into the Code; but in no case shall the
codifier make any change in the meaning or effect of ordinance material included in
the supplement or already embodied in the Code.
Sec. 1-10. Continuation of prior ordinances; effect of provisions of Code.
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So far as the provisions of this Code are the same in effect as those of previously existing
provisions of the Code of the City of Miami, Florida, 1980, or other city ordinances, they shall
be construed as a continuation of such Code or other ordinances. They shall not affect any
act done,,—iany right accrued,—iany penalty incurred,—iany suit, prosecution, or proceeding
pending -or the tenure of office of any person holding office at the time they take effect.
Sec. 1-11. Effect of repeal of ordinances.
(a) The repeal of an ordinance shall not revive any ordinance in force before or
at the time the ordinance repealed took effect.
(b) The repeal of an ordinance shall not affect any punishment or penalty
incurred before the repeal took effect, or any suit, prosecution or proceeding
pending at the time of the repeal, for an offense committed under the ordinance
repealed.
Sec. 1-12. Severability of parts of Code.
It is hereby declared to be the intention of the City Commission that the sections, paragraphs,
sentences, clauses, and phrases of this Code are severable, and, if any phrase, clause,
sentence, paragraph, or section of this Code shall be declared unconstitutional or otherwise
invalid by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs -a -Rd, or sections of this Code, since the same would have been
enacted by the City Commission without the incorporation in this Code of any such
unconstitutional or invalid phrase, clause, sentence, paragraph, or section.
Sec. 1-13. General penalty.
Any person violating the provisions of any Section of this Code or any other ordinance, where
no other penalty is prescribed, shall, upon conviction, be fined not more than $500.00, ewe
imprisoned at hard- Iahnr .,A the streets, Ar et"e;rksAf +;P Gityfor not more than sixt 601
days, or shall be both fined and imprisoned. Each day that such violation shall continue (or, in
the case of shows and exhibitions illegally conducted, each performance) shall constitute a
separate offense.
Sec. 1-14. Computation of time.
In computing any period of time prescribed or allowed by this Code, the day of the act, event,
or default from which the designated period of time begins to run shall not be included. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal
holiday, in which event the period shall run until the end of the next day which is neither a
Saturday, Sunday, nor legal holiday. When the period of time prescribed or allowed is less
than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in
the computation.
Sec. 1-4-415. Public clocks to use official time.
All clocks or other timepieces in or upon public buildings or other premises maintained at the
expense of the City shall be set and run according to the official time as provided by the
Congress of the United States, unless otherwise modified by the legislature of the State�f
€4eFoda. It is hereby made the duty of the officer or other person having control and charge of
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Enactment Number: 13748
such building or premises to see that such clocks or other timepieces are set and run in
accordance with official time."
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:
1
i r4ilndE�z, City Attor iey 1/2512018
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.
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