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HomeMy WebLinkAboutOrdinance 2006-248 - 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 - 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. . . " . ATTEST: ..~~ 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 3~ <0 0 0 N vi >- cr <( ::J cr CD L.u LL. ~ a z ::J Vl Q .... ~ w :z: i <C % w :z: ~ E 0 u ti r;; (ij :I: 'E '" ~ I > I <( I I I I I I '/ 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. ~~\II &-t"~I'h.rl -.. 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