HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Ha n i Clerk
FROM: Victoria M'wel
ityAttorney
DATE: November 11, 2018
RE: Scrivener's Error Memo - Ordinance No. 13775
File Id. 3719
A scrivener's error appears in the title of Ordinance No. 13775, adopted on July 26, 2018.
The title, as included in the published agenda, indicates "AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING CHAPTER..." and is being changed to reflect "AN
ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER...".
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Enclosure(s)
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City of Miami
Legislation
Ordinance: 13775
File Number: 3719
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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:'
"CHAPTER 36
NOISE
Sec. 36-9. - Off-street freight and commercial delivery hourspilet e.
(a) Ind 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
' 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 Page 1 of 2 File ID: 3719 (Revision: D) Printed On: 1/8/2019
File ID: 3719
Enactment Number: 13775
T3 Transect Zones, the following
and will a tematiGal„y tel:FniFlate july 31,2arm shall apply City wide ^FII., to areas
ab l#inn residential TQ Transen+ Zones in Mis+rin+ 'I and Mis+rin+ it i inless o+hemise
ev+er.derl er expanded by affirmative vete of the Git y Gemmissieri 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 (100) feet of a T-3 Transect Zone in Mis+rir-+ 1. anrl
nim+�4 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 $59250.00 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.
*11
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:
ria i dez, ity ttor ey 10/17/2018 ria dez, ity ttor I iey 11/26/2018
z 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: 11812019