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HomeMy WebLinkAboutOrdinance 2006-254 ORDINANCE NO. 2006- 26 '-/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROHIBITING THE USE OF WINDOW COVERING MATERIAL, BARRIER OR SIGN THAT EXCEEDS 15% OF THE TOTAL TRANSPARENT AREA OF ANY WINDOW WITHIN A COMMERCIAL ESTABLISHMENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission wish to preserve the aesthetic integrity of the City and protect the public's safety by prohibiting the erecting or installation of any material, barrier or sign which covers the entire transparent area of any window within a commercial establishment; and WHEREAS, the City Commission wish to implement these regulations to the City Zoning Code. 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 are hereby made a specific part by this ordinance upon adoption hereof. Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds, determines, and prohibits the use of any window covering material, barrier or sign that obstructs visibility in excess of 15% of the total transparent area of any window within a commercial establishment in the City of SUill1Y Isles Beach. Section 3. Window coverings, barriers or signs. Any sign, material or barrier, whether placed on the interior or exterior of windows, constructed of any kind of thickness, paint or paint base material is prohibited when such sign material or barrier exceeds the authorized fifteen (15) percent of the total transparent area of any window within a commercial establishment. A "window covering, barrier or sign" is defined as any material or structure which obstructs pedestrian and/or vehicular traffic visibility to the inside of a commercial establishment during the day and/or night in excess of the permitted level including, but not limited to, tinted windows. Section 4. Penalties. Failure to comply with this ordinance shall subject business owners and operators in the commercial and central business districts to the penalties prescribed in section 162.22 of the Florida Statutes, as well as Code Enforcement pursuant to Chapter 14 of 02006-254 Window Covering Percentage Restriction Page 1 of3 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 5. 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 6. 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 7. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed. Section 8. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the J.L!day of Ji-k4Nf' 2006. PASSED and ADOPTED on second reading the I 1..-+4. day of rY\a.AcJ.v ,2006. ATTEST: . '., J ~'A~ Jane A. Hines, City Clerk ttorney R2006 Window Tinting Page 2 01'3 Vote: 5--0 Mayor EdeIcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler R2006 Window Tinting Moved by: G'M\"('\\C<;'\[)~ ~\l\i-~ Seconded by: COW\W\'S<;\D1\)~ Coo~-PrtV v (Yes) V(Yes) V"" (Yes) V( Yes) ~ (Yes) _(No) (No) _(No) _(No) (No) Page 3 of 3 . ',J TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax MEMORANDUM Clay Parker, Building Official! Administrator Robert Solera, Assistant Administrator of Building, Code & Licensing Elena Del Campillo, Planning and Zoning Technician Priscilla Walker, Deputy City Clerk f? J}~ March 22, 2006 Window Covering (Tinting) Ordinance City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman. Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, City Clerk At its regular meeting of March 16,2006, the City Commission adopted Ordinance No. 2006- 254, restricting the percentage of window covering material, barrier, or signs on commercial establishments. Attached is a copy of the ordinance for your files. Thank you. :pw Attachments cc: A. John Szerlag, City Manager Hans Ottinot, City Attorney Jorge L. Vera, Assistant City Manager Window Covering Prohibition Ord Trans Memo TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fox (305) 947-2150 Building Deportment (305) 947-5107 Fox City Commission Norman S. Edelcup, Mayor Roslyn Brezin, VIce Mayor Gerry Goodman. Commissioner Danny Iglesias, Commissioner Lewis J. Thaler, CommIssIoner Chief Fred Maas, Interim City Manager Hans Oltinol, City Attorney Jane A. Bines, City Clerk MEMORANDUM The Honorable City commiss~~~ Hans Ottinot, City Attorney ~ \J February 16,2006 Window Covering Ordinance RECOMMENDATION This Ordinance is presented for your consideration and approval. REASONS Excessive window covering often creates an appearance of clutter and detracts from the City's overall aesthetic integrity, as well as create a safety hazard for police officers. This Ordinance is designed to address those issues by prohibiting the use of any material covering, barrier or sign that exceeds 15% of the total transparent area of a window(s) In a commercial establishment. HO:PSJ:pr Cit)' Commission \Xiindow Covenng i\Iemo Agenda Item 9 (l --- Date 3- I to.. Ok, r 0 < GI W 'C III '" CJ) e w ~ ..J !Q >- z .. z ~ :J C CJ) GI > U. < 0 CJ) ~ 0:: III 0 Z Qj c 0 N Qj Q; Cl i:: E ~ III 0 III Il. ~ Z C/) C: 1: t 0 U Q) t5 .!E > C/) "'C Q) Q) U < en 0 ... ... 0 0 '" '" .... .... IJ') IJ') 0 3: N N a:i .... .... o!l N N X .... .... C') III :ri .n E ~ ::l Qj Z .n n. E c >- 0 I- ::l t (; z Q) Qj "'C C/) N (5 <l: .!: (jj () c .e c o u >- c ~ ~ o " 5 " e 5 '0 Q. ~ ~ >- ~ ~ >- Iii .~ 5 JO ........ B w ~ .... ~ ~ w ...c re> .; ~ o ~ m i .~ "tl m 10 e u '0 c >- E ~ o >- .,; ~ 10 u 'is .E m Ol ~ " "tl Iii ~ "tl m :; c o "tl E m J: 'E ~ :ii ~ .~ "tl (Q~ 08. Oil" Nil in~ e~ Mg 0-1: 'S; m Gi .~ _2 cag C~ ~ C] O~ __ e: -" ca .~ og --Q; :C~ ::::sw a..~ NEIGHBORS CALENDAR Wednesday; Miami Beach Jewish Community Center, 4221 Pine Tree Dr., Miami Beach; tree. 30S-673-6060. FOR SINGLES Candlelight Singles: Ages 23-65, mix, meet, mingle, dine and dance by can- dlelight; 7:30-11 p.m. Saturdays; 6:30-10 p.m. Mondays; Bahama Breeze, 12395 SW 88th St, Miami; $50 registration, plus dinner. Reser- vations required.l-BOQ-431-2411 or www.candlelightsingles.com. Our Lady of the Lakes: Meets twice a month at various restaurants for din- ner and other activities for singles 35 and older. Call Haydee at 305-SS3-0579 or 30S-SSS-2202 ext. 505 for more information. Parents Without Partners: Activities for single parent families including dances and classes; 12256 SW 128th St., West Miami-Dade; cost varies. 305.251-2S19: . All ages line dance class: 7:45-10 p.m. Tuesdays: $5, free for kids 16 and under. . Dance for singles with OJ musical requests: 9 p.m.-l a.m. Saturdays; $9, $7 members. Professional Singles Group: Nonde- nominational group for people 25-45: meets at various locations in Miami: Friday and Saturday evenings. 786-683-0223 or 30S-318-1941. Single Gourmet: Gatherings for sin- gles to mingle and dine in area restau- rants: call for location and registra- tion; 7 p.m. Fridays. 305-371-8717. Vegetarian Singles Club: Nonprofit organization and community service club meets at various times on vari- ous Sundays; Skylake Recreation Club, 18654 NE 18th Ave., North Miami Beach. Call Bennett at 30S-949-09S0. FOR THE DISABLED After School For Youths: Program for children ages 6 to 18 helps improve literacy and social skills; activities include adaptive sports, arts and crafts and field trips; program is open for children with physical and devel- opmental disabilities; through May 24; free: . Tamiami Park, 11201 SW 24th St., Miami. Call Arlene at 305-222-2128. Community Committee for Develop- mental Handlcaps,lnc. (CCDH): Helps people with developmental dis- abilities and aids their families in accessing services and support; free. 30S-S96-1160. Miami Beach Guild forthe Blind: For blind and visually impaired persons; features guest speakers, entertain- ment and lunch; noon-2:30 p.m. sec- ond Fridays; 21st Street Recreation Center, 2100 Washington Ave., Miami Beach; free. 954-435-1907. Wheelchair Tennis Program: Ages 12 and older and of all skill levels; 9-11 a.m. Saturdays; Big Five Tennis Club, 9299 SW Seventh Ter.. West Miami- Dade; free. 305-234-4948. GETTING INFORMED Building Bridges WorkshOps: Workshop II, Effective public speak- ing and political role play; 9 a.m.-4 p.m. March 11; Miami River Inn, 118 SW South River Or., Miami; free; includes lunch and certificate of completion. 786-271-6982 or www.unitycoali tion.org. Community Development Block Grant Proposal Workshop: Teaches proposal process for public service, economic development, and housing grants for applicants; 2-4 p.m. March 8; Miami-Dade Housing Agency, 1401 NW Seventh St.. Miami; free. Call Lil. lian Blondet aI305.416-2172. Go Native! Guidebook: Pocket guide to replanting yards after hurricane season, distributed free at any of the 13 city of Miami Neighborhood Enhancement Team offices through- out Miami Dade; through March 31 30S-648-0000. Hearst Lectures: Free lectures by staff. faculty and visiting experts; pre- sented by FlU School of Journalism and Mass Communication; Florida International University-Biscayne Bay Campus, 3000 NE l51st St., North Miami: free. Call Jody Rafkind at 954-593-0422 or send e-mail to rafkind@fiu.edu: . Managing Perceptions: America's Image Abroad Hosted by Jon Hock- enberry, former NBC Dateline corre- spondent: 7 p.m. March 9; free; Mary Ann Wolf Theater. Healthcare that Works for All Amerl. cans: Citizens can voice their opinions to policy makers in Washington D.C., about the healthcare system; 4.8 p.m. March 9: Wyndham Grand Bay Hotel. 2669 S. Bayshore Dr., Coconut Grove; free. 305-975-7894 or www.citizen h ealthcare .gov / reg i ster. Income Tax Preparation with Miami Dade College: Low-income, elderly and residents that do not speak Eng- lish can have their federal income tax forms prepared. Program adminis. tered and staffed by faculty and MDC business students who must pass an IRS exam of basic rules, regulations and tax preparation; bring social security cards and those of any dependents, picture ID, W-2 earnings statement, 1099 forms, and any docu- ments pertaining to expenses for claims; various locations: free: . 9 a.m.-noon Saturdays through April 8; Miami Dade College-Wolfson Campus, 300 NE Second Ave., Miami; free; ETCOT A Center, room 7109. 30S-237-3151. The Left Hand of God: TakIng our Country Back from the Religious RIght Michael Lerner signs copies of and speaks about his latest nonfiction book; 7:30 p.m. March 9; Beth David Congregation, 2625 SW Third Ave., Miami; free. 305-854-3911. Machado & SlIvettl-Recent Work: Lecture about architectural work by Machado and Silvetti Associates, Inc., a Boston architecture and design firm. Presented by architect Jorge Sil- vetti; 6 p.m. March 6; University of Miami School of Architecture, Build. ing 48 E, first floor gallery, 1223 Dick. inson Dr., Coral Gables: free. 30S-284-S002. Miami Beach Historical Archive: Add to the Miami Beach City Clerk's office collection of historic photographs, postcards, documents and other Miami Beach memorabilia for its archive. Call Uliam Hatfield at 305-673-7411 or send e-mail to Jiliam hatfield@miamibeachfl.gov. Mlaml.Dade County Fair and Expo ScholarshIp Program: Graduating seniors can submit an application to win a scholarship. Students who plan to attend an accredited college, uni- versity or trade school must have a minimum 3.0 GPA and demonstrate a commitment to voluntary participa- 'TURN TOCALENOAR, 42 NOTICE IS HEREBY GIVEN that public hearings llill be held by the City Commission of the City of Sunny Isles Besch, Rorlda, in the Sunny Isies Beach Government Center, David P. Samson Commission Chambers, 18070 Collins Avenue, Sunny Isles Beach, on Thursday, March, 16, 2006, at 7:30 p.m., to consider final adoption of the follolling proposed Ordinances: AN ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIOA, REQUIRING MARINA OWNERS AND OPERATORS TO INSTALL AND MAINTAIN A SAFETY FENCE OR RAILING LINING THE PERIMETER OF ALL DOCKS LOCATED ADJACENT TO A WALKWAY; PROVIDiNG FOR PURPOSE AND INTENT; PROVIDING FOR DEFINiTIONS; PROViDiNG FOR HEIGHT LIMITATIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABIIJ1Y; PROVIDING 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 250-12 OF THE CODE OF THE CllY OF SUNNY ISLES BEACH RELATING TO THE UTILllY REQUIREMENTS OF NEW CONSTRUCTION AND REHABILITATED STRUCTURES; PROVIDING FOR THE INSTALLATION OF UNDERGROUND SERVICE FACILITIES ON ALL NEW CONSTRUCTION WITHIN THE TOWN CENTER DISTRICT; PROVlOING FOR SEVERABILllY; PROViDiNG FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROViDiNG FOR AN EFFECTNE DATE. ~N ORDINANCE OF THE CllY COMMISSION OF THE CllY OF SUNNY ISLES BEACH, FLORIO~' PROHIBITING THE USE OF WINDOW COVERING MATERIAL, BARRIER OR SIGN THAT EXCEEDS 15% OF THE TOTAL TRANSPARENT AREA OF A WINDOW(S) IN THE B-1 AND TOWN CENTER BUSINESS DISTRICTS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTNE DATE. Inquiries regarding these items msy be directed to the City Clerk at 305-947 -0606. Copies of these documents sre available for public inspection during normal business hours in City Hall. Jane A. Hines, CMC, City Clerk All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, City of Sunny Isles Beach. 18070 Collins Avenue. Sunny Isles Beach. Florida, 33160. Any person wishing to address the City Commission at a publiC hearing is asked to register with Ihe City Clerk by completing a publiC speakers' card prior to the item being heard. The hearings on these matters may be continued al this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission wilh respect to any matter considered al such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of Ihe proceedings is made, which record includes the testimony and evidence upon which Ihe appeal is to be based. This notice does not conslitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Manager af 30S-947-0606. no later than 48 hours prior to the proceedings; if hearing impaired, please telephone the TTY line at 30S-792.1S90 for assistance. CITY OF SUNNY ISLES BEACH NOTICE OF PUBLIC HEARINGS 1~1 :'" !2 "' J: U '" "" '" ,: "" '" z ~ Q ~ J: :E "" :E w i= ~ .,; ~ J: .~ 'f > <( If You or Someone You Love .Jfas fJ3een avowing 'I'lie q)enfist We Can Xelpl Who Is A Candidate For Sedation Dentistry? Adults who have ". . High lear, . Had traumatic dental experiences. . DIfficulty getting numb. . A bad gag reflex. . Very sensitive teeth. . Limited time to complete their dental care. . Complex dental problems. Adults who ". . Hate needles and shots. . Hate noises. smells and tastes associated with dental care. . Are afraid & embarrassed about their teeth. Facts About Sedation Dentistry 11 It Works I 21 It Is 5AFEI You take a small pili prior to treatment. NO I.V. needles. 31 You have little or no memory of the experience and you will not remember any sounds or smells. 41 Work requiring 6,8 appointments can be done In 1 visit. 51 people who have difficulty getting numb have no problem when relaxed. 61 It Is safely used to reduce the fatigue of extended dental treatments that require long visits. ~ Se Habla ESpanol ~ In Office Financing Available I VIS< I