HomeMy WebLinkAboutOrdinance 2019-544 ORDINANCE NO. 2019 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER
193 ENTITLED "NOISE," OF THE CODE OF ORDINANCES OF
SUNNY ISLES BEACH TO MODIFY SECTION 193-4 TO
REQUIRE THAT LANDSCAPING DEBRIS BE MAINTAINED
ON THE PROPERTY FROM WHICH IT ORIGINATED,
PROVIDING FOR VIOLATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 193-4 of the Code of Ordinances permits the use of landscaping
and other lawn maintenance activities during certain hours; and
WHEREAS, the City has received many complaints from residents that landscaping
debris has been blown on the adjoining street or property; and
WHEREAS, the City Commission hereby finds that this Ordinance is necessary to
protect the health, safety and welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1, Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and hereby made a specific part of this Ordinance upon
adoption hereof.
Section 2. Amendment of Section 193-4. Section 193-4 of the Code of Ordinances of the
City of Sunny Isles Beach is hereby amended to read as follows:
§193-4. —Exemptions.
D. Routine landscaping and other yard maintenance activities. However, the operation of
landscaping equipment, including but not limited to lawn mowers, lawn edgers, weed
trimmers and blowers, is permitted during the following hours: 7:30 a.m. to 8:00 p.m.
Monday through Friday and Saturday between the hours of 9:00 a.m. and 8:00 p.m. Any
debris from landscaping or lawn maintenance activities must be maintained on the
property from which it originated and not blown or otherwise left in the street or any
adjoining property. Any violation of this Section will be processed as a public nuisance
pursuant to Chapter 194.
Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 4. Repeal of Conflicting Provisions. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code of Ordinances; that the sections of this Ordinance may be renumbered or re-
lettered to accomplish such intentions; that the word "Ordinance" shall be changed to "Section"
or other appropriate word.
Section 6. Effective Date. The Ordinance shall become effective ten (10) days after adoption
on second reading.
PASSED and ADOPTED on First Reading the (II*day of t(^ e2019.
PASSED and ADOPTED on Second Reading the A i l3t.:: of OC.X06r Q- , 2019.
George H choll, Mayor
ATT S 1
Viesi ....0--
MU' :
Maur io Bet. cur, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
61142,44-g
Edward A. Dion, City Attorney
First ReadingSecond Reading
Motion: CLtONE ll//��ubl'KA-pi Motion: `� l tititg-- SIEato
Second: \It t6 MA10Q- SUEQ1In1 Second: eM c°NEe UOU Ms44
Vote on First Reading:
Mayor Scholl 1 (Yes) (No)
Vice Mayor Svechin ✓ (Yes) (No)
Commissioner Goldman ,/ (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Viscarra -----7(Yes) (No)
Vote on Second Reading:
Mayor Scholl V (Yes) (No)
Vice Mayor Svechin . (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama ✓ (Yes) (No)
Commissioner Viscarra (Yes) (No)
2
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:M EMORA�DUM -
i TO: The Honorable Mayor and City Commission
VIA: Christopher J.-Russo, city Manager •
FROM.: Stan:Morris,:Deputy City.,I tanager. - • . .
DATE: 10/17/2019
Ordinance Amending Chapter 193 of the City"Code‘of.
Rte' Ordinances
i
RECOMMENDATION:
Th0iis ordinance is recommended for approval at first reading: " • •
REASONS:
The City has received numerous corriplaints`r'egard'ing.leaf blowers and
debris from lawn maintenance being blown into the street or on adjacent
. properties. The proposed code change will address these complaints
and provide fora code violation in cases 9f non-compliance; j
" r • ' . 'ATTACHMENTS ..
• ' Description ., . .. .
. Ordinance
:i - . ' - Item Number: 9.B.
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124
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