HomeMy WebLinkAboutOrdinance 2009-318
ORDINANCE NO. 2009--.318
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION
265-46 OF THE CITY CODE TO ESTABLISH SECURITY
LIGHTING REQUIREMENTS FOR COMMERCIAL/RET AIL
ESTABLISHMENT, APARTMENT AND CONDOMINIUM
OFF-STREET SURFACE PARKING LOT AREAS;
PROVIDING FOR PENAL TIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Police Department has determined that off-street surface parking lot
areas of retail/commercial establishments, apartment and condominiums may expose people to
the risk of abductions, robberies, and other similar criminal acts; and
WHEREAS, the City Commission of the City of Sunny Isles Beach deems it to be in the
best interest of the health, safety, and welfare of its citizens, businesses, and visitors to provide
safer environments in off-street surface parking lot areas of commercial/retail establishments,
apartments and condominiums; and
WHEREAS, the City Commission, in consultation with the City's Police Department,
finds that certain minimum security lighting requirements for commercial/retail establishment,
apartment and condominium off-street surface parking lot areas with twenty (20) or more off-
street surface parking spaces would be a valuable tool for protecting citizens, businesses and
visitors from criminal acts and would also help protect commercial/retail establishments,
apartments and condominiums from liability,
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. Amendment Section 265-46,A,(12) of the Sunny Isles Beach Code is hereby
amended to read as follows:
~ 265-46. Off-street parking and loading standards.
(12) Parking lighting, All lighting fixtures used to illuminate off-street parking areas shall
be designed to comply with the performance standards relative to glare of the zoning
district in which such area is located. Such areas shall not be lighted at any time other
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Page I of4
than during the same hours that the use to which the parking is appurtenant is open for
business, except for necessary security lighting, Enclosed parking garages shall be
illuminated 24 hours per day.
@1 Off-street surface parking lot areas in any commercial/retail establishment,
apartment or condominium with twenty (20) or more off-street surface parking
spaces shall be provided with security lighting sufficient to provide adequate
illumination for all persons, property, and vehicles on site to make clearly visible
the presence of any person on or about the premises during the hours of darkness,
including at a minimum the hours of II :00 p.m. until sunrise. The security
lighting required by this Ordinance shall be installed according to proiect specific
illumination levels prescribed and a security lighting plan reviewed and approved
by the City of Sunny Isles Beach Police Department and the City Manager or
designee, Review and approval of the security lighting shall be based upon
criteria including but not limited to:
ill The nature and use of the area within the commercial/retail, apartment or
condominium development;
ill The type of area in which the commercial/retail, apartment or
condominium development is located;
ill The hours of use of the area to be lighted;
ill The frequency of use of the area to be lighted;
ill Existing lighting in the area;
@ Past criminal or crime related incidents in the area;
ill Physical characteristics of the structure and/or development under
proposed construction;
ill Compliance with Florida's residential and/or commercial building energy
codes and standards, where applicable; and
l.2l Design to limit light spill beyond the commercial/retail, apartment or
condominium property lines.
(Q1 Security lighting compliance dates, Any commercial/retail establishment,
apartment or condominium with twenty (20) or more off-street surface parking
spaces in existence on the effective date of this Ordinance, or which begins
operation within two (2) weeks thereof, shall be in compliance with the
requirements of this Ordinance within one hundred twenty (120) calendar days
from the effective date of this Ordinance, and any commercial/retail
establishment, apartment or condominium with twenty (20) or more off-street
surface parking spaces which begins operating more than two (2) weeks from the
effective date of this Ordinance shall be in compliance with the requirements of
this Ordinance on the first day of business.
CD:. Noncompliance penalties. If noncompliance with this Ordinance is corrected
within ten (10) days after receipt of a written notice of violation, no civil penalty
shall be assessed. However, any person or entity in control of a commercial/retail
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Page 2 of 4
.
establishment, apartment or condominium with twenty (20) or more off-street
surface parking spaces, or the owner of a commercial/retail establishment.
apartment or condominium with twenty (20) or more off-street surface parking
spaces who violates any requirement of this Ordinance, or who fails to initially
implement the requirements of this Ordinance shall be required to pay to the City
of Sunny Isles Beach. upon notice that noncompliance remains uncorrected, a
civil penalty of up to five hundred dollars ($500,00) per day for the first violation,
and seven hundred and fifty dollars ($750.00) per day for a repeat violation, as
allowed under Section 14-8 of the Code of Ordinance of the City of Sunny Isles
Beach,
(Q1 Enforcement. This Ordinance shall be enforced according to Chapter 14 of the
Code of Ordinances of the City of Sunny Isles Beach.
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, clause, 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. 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 5, Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed,
Section 6, Effective Date, This Ordinance shall be effective ten (10) days after adoption on
second reading.
PASSED and ADOPTED on first reading the I'I-u' day ofF~RU~~ 2009.
PASSED and ADOPTED on second reading the ~ day of YY\~c.H. 2009.
ATTEST'''- ,/
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Jane A: Hines~ CMC, City Cle'rk
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APPROVED AS TO FORM
AND LEGA EI IENCY:
Moved by: c.o~ ~R ce "Z..,AJ
Seconded by: y\U,. f<\tl!!:J"{ IWM-~~
Vote: '5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
~(Yes)
v (Yes)
~(Y es)
~Yes)
(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
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THE TEACHING PRO
Teach kids the value afthings at early age
BY ROBIN SARANTOS
Special to The Miami Herald
Woe to the parent who
neglects to teach
their children
responsibility,
Walking daily through
well-kept
neighbor-
hoods with
manicured
gardens, it is
amazing to
witness the
things
youngsters
leave outside
in their front
SARANTOS yards next to
the road - for thieves to pick
up,
Do the parents have
unlimited funds? Do they not
work hard to provide for their
offspring?
Will that Razor scooter be
simply replaced ifit is
declared "missing in action?"
Pink roller skates, a red shirt,
a baseball bat, a child's chair,
a doll, an expensive remote
control for a shiny little car-
all spending several nights
outside over the past few
weeks,
The good news: Thieves
weren't around to take
advantage,
But it does raise a
troubling question, As
parents, do some of us think
that "things" do not have to
be treated with value - and
picked up for safekeeping?
How can we expect our
youngsters to incorporate
responsible habits if we do
not teach them?
After all, many parents
have cut back in these tough
economic times - delaying
the visit to the hairdresser an
extra week or two or renting a
DVD instead of going to the
movies.
Many people are even
ironing their own shirts and
cutting back on dry cleaning,
However, some parents do
not consider ''taking care" of
their things - as well as
others' - as part of the
responsibility concept.
Hello? Everything costs
something, Nothing is really
free,
Nevertheless, there is hope
for those who truly want their
offspring to develop into
responsible individuals.
Although it's better to start
your children as toddlers, it's
never too late to help children
learn accountability.
Chores can afford a perfect
way to start children on their
journey, Youngsters need to
feel they're contributing to
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Jane A Hines, CMC, City Clerk I
All persoos are Invited to appear at this meeting or be represented by an agen~ I
or to express their views in writing addressed to the City Commission c/o the City ,
Cieri<, Ci1y of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Rorida,
~3~~e.f'l~ ~~i:.rw~~n~~ 6~d~~r'< th;y ~~m~e~~ci~io~~llca t~~~~~ I
prior to the ~em being heard, The hearings on these matters may be continued at I
this meeting and under such circumstances, addiliOnaller notice would not be
e;;~~:~~t,::~:~~e~sfg:.~ :t"~~i~ti~~,d~J ~Ti ~~ ~~~~~~ I
the proceedings and, for such purpose, may need to ensure that a verilalim record
of the proceedln~s is made, which record includes the testimony and evidence u!'On I
~j~tr::'Ju~~a~sa~~~~e~, ~~:~1~J~~~~;i~~1~~e~i~~:, c:,
does ~ authorize challenges or appeals not otherwise allowed by law. I
In accordance with the Americans with Disabilities Act, all persons who are disabled
and who need special accommodations to participate In this meeting because I
of that disability should contact the City Manager at 305-947-0606, no later than I
4B hours prior 10 the proceedings; if hearing Impaired, please telephone the ,
!kID line at 305.792. t 590 for aSSistance, dJ
If
the family,
Come up with a list of
age-appropriate household
tasks and tie it in to a rewards
system. For example,
youngsters can bring in the
garbage can and recycle bin
from the curb, They can
check the yard for equipment,
toys and other things that
need to be brought in after
playtime,
Children can also keep
their rooms tidy, help set the
table and put their dishes in
the sink.
They need to learn there
are consequences for not
taking care of personal items
- which someone had to buy
with hard-earned money.
They must be made aware
that in real life, there is no
entitlement to material
objects, People must work
and pay bills,
Being responsible means
holding one's self accountable
for behavior - be it fiscal or
otherwise.
Handling money and
things responsibly needs to
be taught way before that
18-year-Qld packs up for
college,
After all, we want to help
save OUf youngsters from
fmandal troubles in the
future - what many adults
and our country are dealing
with today.
Robin Sarantos, Ph.D" is
recently retired from the
Miwni-Dade Public Schools
where she had been a
counselor at Coral Reef High.
Send your questions or
suggestions for future columns
to The Miwni Herald, 7300
Kendall Dr" Suite 200, Miami
FL 33156 or e-mail her at
rsarantos@aol,col7L
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CITY OF SUNNY ISLES BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission, also sitting as
the Local Planning Agency, of the City of Sunny Isles Beach, Florida,
will hold a public hearing in the Sunny Isles Beach Govemment Center,
David P. Samson Commission Chambers, 18070 Collins Avenue,
Sunny Isles Beach, Florida, on Thursday, March 19, 2009, at 6:00 p,m"
to consider adoption of the foilowing proposed Ordinance:
AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF SUNNY
ISLES BEACH, FLORIDA, AMENDING SECTION 265-46 OF THE
CllY CODE TO ESTABUSH SECURITY UGHTING REQUIREMENTS
FOR COMMERCIAURETAlL ESTABUSHMENT, APARTMOO ANO
CONDOMINIUM Off-STREET SURFACE PARKING LOT AREAS;
PROVIDING FOR PENAlTIES; PROVIDiNG FOR SEVERABIUlY; PROVIDING
FOR INCWSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Inquiries regarding this item may be directed to the City Clerk at
305.792-1703. A copy of this document is available for public inspection
during normal business hours in City Hall.
....
AI",",".. pac. at.1bf. UACoIft n-oe..
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For tickets and information call 305-673-3331 or online 01 nws.edu
.u~orttds.dcINl.,~~ondpogrcmtMjocttoctlGnge.
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) 949-3 I I 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S, Edelcup. Mayor
Lewis Thaler, Vice Mayor
Roslyn Brezin. Commissioner
Gerry Goodman. Commissioner
George "Bud" Scholl, Commissioner
A, .Johu Szerlag, City Manager
Bans Ottino!. City Allorney
.Jane A. Hines, CMC, City Clerk
MEMORANDUM
The Honorable City commissio~
Hans Ottinot, City Attorney (}<t!U
February 19,2009
Ordinance amending Sections 265-46 of the City Code
RECOMMENDA TION:
It is recommended that the City Commission approve the attached Ordinance amending Section 265-46 of
the City Code.
REASONS:
At a City Commission workshop held on October 16, 2008, the Police Depaltment made a presentation
on crime in the City and identified celtain measures to help deter the incidence of crime. The Police
Department specifically identified the need for increased security in commercial/retail, apartment and
condominium parking lot areas, among other items, The Police Department determined that parking lot
areas of retail/commercial establishments, apartments and condominiums may expose people to increased
risk of abductions, robberies and other similar criminal acts,
The attached Ordinance requires commercial/retail establishments, apartments and condominiums with
twenty (20) or more off-street surface parking spaces to provide security lighting sufficient to provide
adequate illumination to identify the presence of any person on the premises during the hours of darkness,
including II :00 p.m. until sunrise. The security lighting requirements shall be based upon established
criteria, including but not limited to the type of area in which the development is located, its hours of
operation, and a review of past crime in the area. Review and approval of the security lighting
requirements will be made by the Police Department and the City Manager or designee, The Ordinance
imposes compliance dates and penalties for noncompliance. Specifically, commercial/retail
establishments, apartments and condominiums with twenty (20) or more off-street surface.parking spaces
are required to comply within 120 days of enactment and failure to comply will result in a fine of $500,00
per violation,
HO: fa
/ Attachment
Date
cr (_'I ~
~-\Ci- 09
Agenda Item