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HomeMy WebLinkAboutOrdinance 98-35 ORDINANCE NO. 98- "3 S- AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA REPEALING SECTION 33-122.2 OF THE CODE OF MIAMI-DADE COUNTY, WHICH REQUIRES PROPERTY OWNERS TO PROVIDE PARKING SPACES SPECIFICALLY DESIGNED FOR PERSONS TRANSPORTING YOUNG CHILDREN UNDER THE AGE OF THREE (3) AND STROLLERS, PROVIDING FOR SEVERABILITY, REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, by virtue of its Municipal Charter, has adopted on an interim basis, all Codes, resolutions and ordinances of Miami-Dade County in effect on the date of the adoption of the Charter, to the extent applicable to the City, unless otherwise modified or replaced; and WHEREAS, the City has determined that, as a matter of policy, it does not wish to continue with the County's legislation requiring property owners to provide parking spaces specifically designed for persons transporting young children under the age of three (3) and strollers pursuant to Section 33-122.2 of the Code of Miami-Dade County, and further asserts that since incorporation of the City of Sunny Isles Beach, such provisions may not be applicable, in any case, to the City; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: SECTION 1. INCORPORATION OF RECITALS. All recitals are incorporated herein by reference. SECTION 2. REPEAL OF SECTION 33-122.2 OF THE CODE OF MIAMl-DADE COUNTY. Section 33-122.2 ofthe Code of Miami-Dade County be and the same is hereby repealed by the City Commission of the City of Sunny Isles Beach, and property owners shall no longer be required to provide parking spaces specifically designed for persons transporting young children under the age of three (3) and strollers within the corporate limits of the City of Sunny Isles Beach. All other sections of the Dade County Code that refer to or relate to this cited section shall also not be applicable within the City. 098- reo parking for strollers Page 1 of 2 Section 3. SEVERABILITY. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. REPEAL OF CONFLICTING PROVISIONS. All provisions of the Code of Miami-Dade County as made applicable to the City by Article VID, Sections 8.3 and 8.9 of the City Charter which are in conflict with this Ordinance are hereby repealed. Section 5. EFFECTIVE DATE. This Ordinance shall be effective ten days after adoption on second reading. PASSED AND ADOPTED on first reading the 28'F day of ~U )' ,::~!';?~Z~:~ ADOfYfED on second reading tills ~ 0011 ,+ '. ,". ." '- dfI@. ",. .-,; ,"" . - - -"\ .'.. :t ~i'"' ~; . . ,. ~ David Samson, ":~ ...\.... ~S~.' r"">> ", ' "f'~ ".1\. :)1' ,\ ., .~.~~-Mc-,C~.. Richard Brown- Morilla, City Clerk ,1998. ,1998. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ I. .--.. Lynn M. Dannheisser, City Attorney Moved By: %~ \" ~k... Seconded By: . ~ ~ 0 VOTE: Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias Commissioner Connie Morrow (yes) ~ (yes) V ()cs) _ (yes) ../ (yes) V' (no)_ (no)_ (no)_ ~~ (no)_ (no)_ 098- re, parking for strollers Page 2 of 2