CODE OF ORDINANCES CITY OF MIAMI SPRINGS, FLORIDA

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Published in 2002 by Order of the City Council

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Published by
American Legal Publishing Corporation in 1996

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CURRENT OFFICIALS

OF THE CITY OF

MIAMI SPRINGS, FLORIDA

(2017)

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Billy Bain
Mayor

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Bob Best
Maria Puente Mitchell
Mara Zapata
Jaime A. Petralanda
City Council

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William Alonso
City Manager/Finance Director

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Weiss, Serota, Helfman, Cole & Bierman, P.L.
City Attorney

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Erika Gonzalez-Santamaria, MMC
City Clerk

OFFICIALS

OF THE CITY OF

MIAMI SPRINGS, FLORIDA

AT THE TIME OF THIS REPUBLICATION

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Richard L. Wheeler
Mayor

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Helen L. Gannon, Group One
James (Jim) G. Caudle, Group Two
Marcia H. Fulton, Group Three
Rob Youngs, Group Four
City Council

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Maria V. Davis
City Manager

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Michael A. Sprovero, CBO
Assistant City Manager/Building Official

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Albert L. Weintraub
City Attorney

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Magali Valls, CMC
City Clerk

PREFACE

This Code constitutes a complete republication of the general and permanent ordinances of the City of Miami Springs, Florida, as updated through Ordinance No. 873-2001, adopted June 11, 2001.

The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the Miami Springs Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

(Index or Indexes)

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of John Dombroski, Vice-President of Production, and Janet Cramer, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Magali Valls, City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City of Miami Springs readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ORDINANCE NO. 646-80

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF MIAMI SPRINGS, FLORIDA; RECODIFYING, RENUMBERING, REVISING AND REARRANGING SECTIONS OF THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES OF THE CITY; ADDING NEW MATTER AND REPEALING VARIOUS ORDINANCES.

WHEREAS, the present Code of Ordinances of the City of Miami Springs is inadequately arranged in regard to titles, topics, and subject matter, some sections being now insufficient in form and substance for the proper preservation of the public peace, health, safety, and welfare of the City and for the proper conduct of its affairs, and,

WHEREAS, American Legal Publishing Company has completed the recodifying, renumbering, revising, and rearranging of the general and permanent ordinances of the City in printed form pursuant to an agreement with said Company, and,

WHEREAS, the recodification has been on file with the office of the City Clerk and subject to public inspection, and,

WHEREAS, in the interest of certainty with respect to ordinance provisions and to comply with law, it is deemed necessary forthwith to publish such recodification, renumbering, revision, and rearrangement of said ordinances in book form as the Code of Ordinances,

NOW THEREFORE, be it ordained by the City Council of the City of Miami Springs, Florida:

Section 1. Revision and Recodification. The general and permanent ordinances of the City are revised, rearranged, recompiled, and renumbered as to sections into the following component titles: I-General Provisions, III-Administration, V-Public Works, VII-Traffic, IX-General Regulations, XI-Business Regulations, XIII-General Offenses, XV-Land Use, XVII-Building Regulations.

Section 2. Adoption of Codified Ordinances.

a.

The general and permanent ordinances of the City, so revised, rearranged, recompiled, and renumbered as to section and recodified, in form the same as that on file in the office of the Clerk, bearing number the same as this ordinance, are hereby approved, adopted, and enacted, and the same shall be printed and published in book form in the manner provided in Section 12 hereof as the Code of Ordinances of the City of Miami Springs, Florida, and when so printed, published, and assembled in book form and certified as correct by the Clerk of the City shall be admitted in evidence and accepted by the courts and all persons as to the existence, effectiveness, and regularity of all enactments so published in said book form, as of the effective date designated herein.

b.

One copy of the Code of Ordinances, upon certification as to the correctness thereof in such book form by the Clerk of the City shall be kept in its initial form on file in the office of the Clerk and retained as a permanent ordinance record of the City.

Section 3. Effective Date. The Code of Ordinances, consisting of the various titles as hereinbefore and therein designated, and all provisions thereof, shall take effect and be in force, at, on, and after 12:01 A.M. Eastern Standard Daylight Savings Time on November 1, 1980.

Section 4. Other Amendments and Supplements. The Code of Ordinances may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of this Council to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Code of Ordinances so that any reference to the Code of Ordinances shall be understood and construed as including the Code of Ordinances, and any all such amendments and supplements thereto.

Section 5. Form of Amendment or Supplement. All amendments and supplements enacted as a part of the Code of Ordinances shall be integrated therewith by following the form of arrangement and plan hereby and therein adopted. Each title shall be sub-divided into chapters, and each chapter shall be sub-divided into sections.

Section 6. How Known and Cited. This adopting ordinance, the Code of Ordinances of the City of Miami Springs, Florida, hereby adopted and any and all amendments and supplements which may be adopted shall be known and referred to as the Code of Ordinances shall be known and referred to either as "the code," "this code," " component code," or as designated in Section 1 hereof.

Section 7. Master Copy. The Clerk of the City in addition to the book form copy in its initial form to be kept on file in the Clerk's office, pursuant to Section 2 hereof, shall keep a complete master copy in book form and in connection therewith or attached thereto in such form and manner as the Clerk may determine to be most easily available for most easy reference, a copy of all amendments and supplements bearing such title, chapter, or section designations as may be proper. If in doubt as to such designation, the Clerk of the City shall be guided by the advice of the City Attorney.

Section 8. Interpretation.

a.

In the interpretation of any provision of the Code of Ordinances, or of any ordinance amending or supplementing the same, general terms, phrases, and expressions therein shall be liberally construed so as to carry out the intent and meaning of this Council, and shall have the meaning commonly ascribed thereto, unless a different meaning is required by the context or to give effect to such ordinances.

b.

The headings of sections contained in the Code of Ordinances shall be printed in all capital letters and are to be deemed to be in the nature of "catch words," and in case of conflict between such heading and the contents of any section, the contents of the section shall control, notwithstanding such headings.

Section 9. Separability. Each section and each part of each section of the Code of Ordinances is hereby declared to be an independent section or part of a section and notwithstanding any other evidence of legislative intent that if any such section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Code of Ordinances would have been adopted independently of such section, sections, or part of a section so held to be invalid.

Section 10. Repeal of Prior Ordinances. The Code of Ordinances contains all of the provisions of a general and permanent nature pertaining to the subjects therein enumerated and embraced. All prior ordinances, parts of ordinances, and sections of the prior Code of Ordinances in force on January 22, 1980, which are incorporated in or pertain to the subjects enumerated and embraced in the Code of Ordinances of the City are hereby repealed as of 12:01 A.M. Eastern Daylight Savings Time on November 1, 1980.

Section 11. Prior Ordinances not Affected by Repeal. The repeal of ordinances and Code of Ordinances sections as provided in Section 10 hereof shall not affect:

(1)

All ordinances of a temporary or special nature, and all other ordinances pertaining to subjects not enumerated and embraced in the Code of Ordinances;

(2)

Any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before the 1st day of November, 1980;

(3)

Any ordinance or resolution, promising or guaranteeing the payment of money to or by the City, authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or any contract or obligation assumed by the City;

(4)

The administrative ordinances or resolutions of this Council not in conflict or inconsistent with the provisions of the Code of Ordinances;

(5)

Any right or franchise conferred by any ordinance or resolution of this Council to any person or corporation;

(6)

Any ordinance naming, relocating, or vacating any street or public way, or any ordinance identifying stop streets at intersections, one-way streets, or any other traffic regulations;

(7)

Any ordinance levying or imposing taxes, assessments, or charges;

(8)

Any ordinance fixing salaries, wage rates, fringe benefits, or other emoluments or compensation of City officers and employees;

(9)

Any prosecution, suit, or other proceeding pending, or any judgment rendered on or prior to the 1st day of November, 1980;

(10)

Any ordinance which may be adopted by Council after the 1st day of November, 1980.

Section 12. Publication.

a.

The Clerk of the City, having caused the titles of the Code of Ordinances with their component chapters and sections to be printed, having assembled all of such titles as the Code of Ordinances of the City of Miami Springs, Florida, for certification as correct by the Clerk of the City, shall have on file one such complete set of the Code of Ordinances in its initial form with this Adopting Ordinance as provided in Section 7.

b.

The Clerk of the City is authorized to sell to the public to the extent they are not needed by the City organization, the complete set of books comprising of the Code of Ordinances, separately by volume, or by the component title, as well as supplements hereafter published, at such prices as the Clerk of the City may from time to time determine, considering overhead, handling, and other related costs of the City. The Clerk of the City is also authorized to exchange copies of the Code of Ordinances with City Attorneys of other cities as may be directed by the City Attorney extending like courtesy to the City of Miami Springs City Attorney.

c.

The Clerk of the City shall prepare and distribute periodically, the amendments and supplements to the Code of Ordinances, which shall be prepared and published no less than once per year insofar as is possible and practicable.

d.

The Clerk of the City shall file the Code of Ordinances with the Clerk of the Dade County Commission and the Clerk of the Circuit Court of the Eleventh Judicial Circuit of the State of Florida.

Section 13.  That this ordinance shall take effect and be in full force in the manner provided by law.

PASSED AND ADOPTED by the City Council of the City of Miami Springs this 27th day of October, 1980.

The motion to adopt the foregoing ordinance on second reading was offered by Vice Mayor Foley, seconded by Councilman Dewhurst, and the following roll-call vote ensued:

Vice Mayor Foley	"aye"
Councilman Dewhurst	"aye"
Councilman Grossman	"aye"
Councilman Webb	"aye"
Mayor John A. Cavalier	"aye"
John A. Cavalier. Jr. Mayor

 

ATTEST:

/s/ Patricia A. Cochran       City Clerk

1st reading: 10/13/80
2nd reading: 10/27/80