HomeMy WebLinkAboutOrdinance 2006-248
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ORDINANCE NO. 2006-.2 4 g
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
MANDATING THAT GAS STATIONS WITHIN THE
CITY OF SUNNY ISLES BEACH HAVE ADEQUATE
ALTERNATE ENERGY SOURCES INCLUDING
EMERGENCY GENERATORS TO OPERATE GAS
PUMPS IN CASE OF EMERGENCY; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 166.021(1), Florida Statutes, municipal goverrunent
may exercise their power for municipal purposes and to preserve the health, safety and general
welfare of its residents, except when expressly prohibited by law"; and
WHEREAS, a municipal purpose is defined in Section 166.021(2), Florida Statutes, to
mean "any activity or power which may be exercised by the state or its political subdivisions";
and
WHEREAS, in the wake of a Natural Disaster, gasoline is considered a primary source
of energy for many Sunny Isles residents; and
WHEREAS, the City of Sunny Isles Beach found that gasoline stations that provide
gasoline to consumers at retail, did not have alternate power sources for operations following
Hurricane Wilma, thereby negatively exacerbating and prolonging the state of emergency
created, and unnecessarily compromising and endangering the public; and
WHEREAS, to ameliorate the emergencies created by gasoline stations failing to
provide alternate energy sources to sustain operations following a natural disaster or other
emergency and to protect against future disasters and/or events that lead to a state of emergency,
the Mayor and City Commission wish to protect the health, safety and general welfare of its
residents by adopting legislation to mandate area gas stations to maintain alternate sources of
energy to sustain operations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Incomoration of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon adoption hereof.
Section 2. Purnose and Intent. The City Commission of the City of Sunny Isles Beach finds,
determines, and declares that it is mandated a necessity for gas stations within the City of Sunny
02006-248 Emergency Generators For Gas Stations
Page I 00
Isles Beach to have adequate alternate energy sources following a state of emergency. This
Ordinance shall be applicable throughout the City of Sunny Isles Beach.
(a) Requirement for Emere:encv Generators:
Gasoline stations that sell gasoline at retail to consumers from gas pumps at their stations,
within the City, shall have as a minimum alternate energy source, a generator
connectionJhookup, that is capable of providing electrical service during an interruption
of the normal electrical supply, sufficient to power up the gasoline pumps so that gasoline
can be sold to the consumer. The alternate source shall be sufficient to operate all pumps
during normal business hours.
(b) Comnliance:
Gasoline stations shall comply with this ordinance within six (6) months from adoption.
Section 3. Penalties. Failure to comply with this ordinance shall subject gas station owners
and operators to the penalties prescribed in section 162.22 of the Florida Statutes, as well as
Code Enforcement pursuant to Chapter 14 of the City's Code of Ordinances, providing for a
maximum fine of $500 for each single violation and up to $500 per day for each continuing or
repetitive violation.
Section 4. Severabilitv. 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 5. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
Section 6. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed except that this amendment shall not apply to previously approved
TDRs which transfers shall be accomplished in accordance with the terms of the ordinance in
effect at the time of said transfer.
Section 7. Effective Date. This Ordinance shall be effective ten (10) days after adoption on
second reading.
02006.248 Emergency Generators For Gas Stations
Page 2 00
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PASSED and ADOPTED on first reading the dday of t ~WIA~ 2006.
PASSED and ADOPTED on second reading the It. -U-day of h.~, 2006.
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. ATTEST:
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Jane A. Hines, City Clerk
ORM
ENCY
Moved by: Cn~l\..e.R. Goot>mAAJ
Seconded by:d~\otJUL T"'~L~,i~
Vote: 5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
-v(Yes)
~(Yes)
~(Yes)
V( Yes)
V(Yes)
_(No)
(No)
_(No)
_(No)
_(No)
Emergency Generators Ordinance
Page3 of3
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
Police Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Clay Parker, Building Official! Administrator
Robert Solera, Assistant Administrator of Building, Code & Licensing
Elena Del Campillo, Zoning Technician ~
Priscilla Walker, Deputy City cler(7v0
February 23,2006
Ordinance Requiring Emergency Generators for Gas Stations
At its regular meeting of February 16, 2006, the City Commission adopted Ordinance No.
2006-248, which requires gas stations within the City to have emergency generators to operate
gas station pumps. Attached is a copy of the ordinance for your files.
Thank you.
:pw
Attachments
cc: Police Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
Gas Station Emergency Generator Reg Ord Trans Memo
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN that public hearings will be held by the City Commission of the City of Sunny Isles Beach, Florida,
in the Sunny Isles Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles
Beach, on Thursday, February 16, 2006, at 7:30 p.m., to consider final adoption of the following proposed Ordinances:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
ESTABLISHING DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS;
PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS
FROM DISTANCE REQUIREMENTS; ESTABLISHING LICENSE REQUIREMENTS; ESTABLISHING HOURS OF
OPERATIONS; PROVIDING FOR ISSUANCE OF CONDITIONAL USE PERMITS BY THE CITY COMMISSION;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING SECTION 267,2(B) OF THE CODE OF SUNNY ISLES BEACH, ADOPTING A REVISED FEE
SCHEDULE FOR PLANNING AND ZONING SERVICES ATTACHED AS EXHIBIT "A"PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORI~A' '
MANDATING THAT GAS STATIONS WITHIN THE CITY OF SUNNY ISLES BEACH HAVE ADEQUATE
ALTERNATE ENERGY SOURCES INCLUDING EMERGENCY GENERATORS TO OPERATE GAS PUMPS
IN CASE OF EMERGEN,," PRO"DlNG FOR PENALTIES, PRO"DlNG FOR SEVERABIUl'< PR01IlDlNG
FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING SECTION 193-1 OF THE CODE OF THE CITY OF SUNNY ISLES BEACH RELATING TO
CONSTRUCTION NOISE; PROVIDING FOR NEW PENALTIES TO CONTROL NOISE POLLUTION RELATED
TO CONSTRUCTION ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding these items may be directed to the City Clerk at 305-947-0606, Copies of these documents are available for
public inspection during normal business hours in City Hall.
Jane A. Hines. CMC, City Clerk
All persons are invited 10 appear althis meeling or be represenled by an agen!, or 10 express Ihelr views in w"ting addressed 10 the City Commission cia lhe City Clerk.
Clly 01 Sunny Isles Beach, 18070 Collins Avenue. Sunny Isles Beach, Florida, 33160, Any person WIShIng 10 address Ihe City Commission at a pUblrc heanng is asked to
register Wllh the Clly Clerk by completIng a public speakers' card p"or 10 the ilem being heard, The hearings on Ihese maners may be cOnlinued althis meeling and
under such circumslances, addllionallegal nolice would nol be pro"ded, II a person de<:ldes 10 appeal any decISion made oy Ihe CIty Commission wrth respecl to any
mailer considered at such meeling, they will need a recoro 01 the proceediogs and. lor such purpose, may need 10 ensure that a verbatim record 01 Ihe proceedings is
made, whICh record includes the testImony and e"dence upon whi:h Ihe appeal is 10 be based, This nollCe does nol conSlltule consent by Ihe Crty lor introduclion or
admission of otheowlse InadmissiOle or irrelevant evidence. nOr does if authorize challenges or appeals not otherwise allowed by law.
il1 accordance wllh Ihe Ame","ns wilh Disabihlies Acl, all persons who are disabled and who need speCIal accommodations 10 paniClpate in th~ meeting beeau.. 01 thai
disabllily should contacllhe City Manager aI305-947-0606, no later than 48 hours prior 10 Ihe proceedings; II hearing impaired, please lelephone the m line aI305.792.
1590 tor assistance.
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