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HomeMy Public PortalAbout20-18 Ban on Saggy Pants1st Reading/Public Hearing: September 9, 2020 2nd Reading/Public Hearing: September 30, 2020 Adopted: September 30, 2020 Effective Date: September 30, 2020 Sponsored By: Vice Mayor Davis Co -sponsored By: Mayor Pigatt, Commissioner Bass and Commissioner Kelley ORDINANCE NO. 2020-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, REPEALING SAME SUBJECT ORDINANCE NUMBERS 07-19 AND 13-33 WHICH IMPLEMENTED A BAN ON WEARING SAGGY PANTS AND SHIRTS IN CITY BUILDINGS AND PARKS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 24, 2007, the City Commission of the City of Opa- Locka passed Ordinance No. 07-19 providing for a ban on the wearing saggy pants apparel in City buildings and parks; and WHEREAS, on October 23, 2013, the City Commission of the City of Opa- Locka amended Ordinance 07-19 to include banning saggy pants and shirts worn by females in City buildings and parks; and WHEREAS, the purpose of the ordinances was to discourage the appearance of individuals wearing saggy apparel and exposing their under garments in City buildings and parks; and WHEREAS, the City Commission of the City of Opa-Locka finds that repealing the ordinances are in the best interest of the City and its residents. NOW THEREFORE, BE ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-Locka, Florida hereby repeals Ordinance Number 07-19 and Ordinance Number 13-33, which banned the wearing of saggy apparel in City buildings and parks. Ordinance No. 2020-18 Section 3. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without the need of a public hearing, by filing a corrected copy of same with the City Clerk. PASSED AND ADOPTED this 30th day of September, 2020. Attest to: a Flores Ci Clerk Matthew Pigatt Mayor Approved as to form and legal sufficiency: 1 L(�rEk- Burnadette Norris- eeks, P.A. City Attorney Moved by: Vice Mayor Davis Seconded by: Commissioner Bass VOTE: 4-1 Commissioner Bass YES Commissioner Burke NO Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 2 SUNDAY SEPTEMBER 20 2020 MIAMIHERALD.COM NEIGHBORS CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at a Virtual Special Commission Meeting on Wednesday, September 30, 2020 at 5:30 p.m. to consider the following items: SECOND READING ORDINANCES/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DUAL -DESIGNATING 37r" AVENUE FROM 135Ta STREET TO 151sT STREET AS "COMMISSIONER BARBARA JORDAN WAY"; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on September 9, 2020). Sponsored by Commissioner Kelley AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, REPEALING SAME SUBJECT ORDINANCE NUMBERS 07-19 AND 13-33 WHICH IMPLEMENTED A BAN ON WEARING SAGGY PANTS AND SHIRTS IN CITY BUILDINGS AND PARKS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on September 9, 2020). Sponsored by Vice Mayor Davis, Mayor Pigatt, Commissioner Bass and Commissioner Kelley Additional information on the above items may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores ,opalockafl,gov. For public participation at the public hearings, please email publiccomments@opalockafl.gov by 3:30 p.m. on September 30, 2020. To view the virtual commission meeting procedures please visit the City of Opa-locka website at www.opalockafl.gov. All interested persons are encouraged to participate in this meeting and will be heard with respect to the public hearing. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance no later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877)955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based Joanna Flores, CMC City Clerk City of Opa-locka 11NW NORTHIMIAMI PUBLIC NOTICE CITY OF NORTH MIAMI HOUSING AND SOCIAL SERVICES DEPARTMENT AFFORDABLE HOUSING PROGRAMS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) The Housing and Social Services Department of the City of North Miami ("City') hereby notifies the public of the availability of funding for its FY2020-2021 Rehabilitation Housing Programs. The City is an entitlement recipient of Federal funds from the U. S. Department of Housing and Urban Development ("HUD") under the Community Development Block Grant ("CDBG") and HOME Investment Partnership Program ("HOME"). For FY 2020-2021, the City has received an allocation of $769,534 and $298,154 through the CDBG and HOME programs respectively with a maximum of $556,695 available for housing rehabilitation. Open Registration Registration for the FY 2020-2021 Owner -Occupied Rehab Program will begin on Thursday October 1", 2020 and ends on Friday, October 30, 2020. Completed applications are accepted along with the required documents. Applicants will be pre -qualified and selected through a lottery process with a date to be announced by Housing & Social Services department. Priority will be given to the elderly and disabled. As such, SPACE IS LIMITED UP TO 12 APPLICANTS PROGRAM TYPES Owner -Occupied Single -Family Rehabilitation Program Rehabilitation funding will be made available to owners of single-family residential units in need of repair who meet the program's income and occupancy requirements. Funding of up to $25,000 is being provided by HUD through the CDBG program and up to $40,000.00 through the HOME program. Paint Program Funding of up to $5,000.00 per unit will be made available to owners occupying single-family residential units in need of exterior paint. Priority will be given to homeowners seeking to satisfy existing code violations. Funding is being provided by HUD through the CDBG program as a grant Elderly Emergency Repair Funding of up to $6,000.00 per unit will be made available to elderly owners of single-family residential units in need of emergency repairs who meet the program's income and occupancy requirements. Funding is being provided by HUD through the CDBG Program as a grant First Time Homebuver Program Down payment and/or closing cost funding assistance will be made available to prospective homebuyers who meet program guidelines and will be purchasing a single-family detached dwelling unit within eligible areas of the City of North Miami. A maximum assistance of up to $25,000.00 per unit is being provided by HUD through the HOME program. Tenant -Based Rental Assistance Program One-time assistance of up to $1,500.00 per unit will be made available to applicants who meet the program guidelines. Funding is being provided by HUD through the HOME program as a grant. WHERE TO APPLY Interested applicants can visit the City website at www.00rthmiamifl.gov to download the application or the Housing and Social Services, satellite office, located at 13753 NW 7. Avenue, North Miami, Florida 33168 during regular business hours Monday to Friday from 9:00 L. to 4:00 p.m. If you have any questions regarding this notice, please feel free to contact the Housing and Social Services Department at (305) 895-9895 or email housing@northmiamifl.gov. **OUALIFICATIONS** To be eligible your home must be owner -occupied as the "primary homesteaded residence"; meet the income limit based on family size as adopted and amended by HUD and have none of the following: outstanding code/zoning violations (excluding the Paint Program) and/or city liens. Additionally, the applicant most have current homeowner's flood insurance, if required by mortgage company, and be up-to-date with fast mortgage, unless fully owned outright. City of Opa-Locka Agenda Cover Memo Department Director: Department Director Signature: City Manager: John E. Pate CM Signature: Th/f).2& Commission Meeting Date: 09.09.2020 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (EnterX in box) 1a Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterX in box) Yes No x Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X 0 • 0 • Image • Sponsor Name VM Chris Davis Department: City Commission Short Title: An ordinance of the City Commission of the City of Opa-locka, Florida repealing Ordinance No. 07-19 and Ordinance No. 13-33, which implemented the Ban of wearing Saggy Pants Apparel and Shirts in City Buildings and Parks. Staff Summary: The City Commission adopted legislation which implemented the ban of wearing saggy pants and saggy shirts in City shirts in City buildings and parks. Proposed Action: Repeal prior legislation. Attachment: Ordinance No.'s 07-19 and 13-33. 1st Reading: 09/25/2013 2nd Reading: 10/23/2013 Public Hearing: 10/23/2013 Adopted: 10/23/2013 Effective Date: 10/24/2013 Sponsored by: Commissioner Johnson ; and Ordinance No. 13-33 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO AMEND ORDINANCE 07-19, SECTION 16-33, BAN OF WEARING SAGGY PANTS APPAREL, TO ALSO INCLUDE BANNING SAGGY PANTS AND SHIRTS WORN BY FEMALES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sec. 16-33 of the Code of Ordinances of the City of Opa-locka, reads: Sec. 16-33. Ban on wearing saggy apparel in public facilities. La,2 It shall be unlawful for an individual to wear saggy pants apparel wherein underwear or undergarments are exposed in city buildings and parks. WHEREAS, the City Commission of the City of Opa-locka desires to amend Sec. 16-33, and define individual, so that it clearly includes a ban on wearing saggy apparels by females. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. Sec.16-33 of the Code of Ordinances is hereby amended, to read as follows: Sec. 16-33. Ban on wearing saggy apparel in public facilities. (a) It shall be unlawful for an individual (male or female) to wear saggy pants or slacks apparel wherein underwear or under garments are Ordinance No. 13-33 exposed in city buildings and parks. Females. as well, shall also be banned from wearing saggy shirt or blouse apparel. Neither males nor females shall wear saggy apparel such as to constitute indecent exposure. Section 3. If any clause, section, or other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Ordinance. Section 4. All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, are hereby repealed. Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Attest: Section 6. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 23'a day of October, 2013. Joanna Flores City Clerk Approved as to form A1! d legal sufficiency: Joseph S. eller, Esq. GREENS OON MARDER, PA City Attorney Ordinance No. 13-33 Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley: Mayor Taylor: 1835900 vl COMMISSIONER JOHNSON COMMISSIONER HOLMES 5-0 YES YES YES YES YES H ANI HERALD I MiamiHerald.com e CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Ope-locka, Florida wil hold pubic hearings at its Regular Commission Meeting on Wednesday, October 23, 2013 at 7:00 p.m. in the City Commission Chambers at Sherbondy Village, 215 Perviz Avenue, Ope-Iocka, Florida to consider the following items: SECOND READING ORWNANCES/PUB1JC NEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO CREATE A CML SERVICE BOARD FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFUCT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 25, 2013). Sponsored by J.K AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO CREATE A HOUSING AUTHORITY & NUISANCE ABATEMENT BOARD FOR THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFUCT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 25, 2013). Sponsored by J.K AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AMEND ORDINANCE 07-19, SECTION 16-33, BAN ON WEARING SAGGY PANTS APPAREL, TO ALSO INCLUDE BANNING SAGGY PANTS AM) SHIRTS WORN BY FEMALES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFUCT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 25, 2013). Sponsored by D.J. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AMEND SECTION III PENALTIES FOR VIOLATION OF THE SAGGY PANTS ORDINANCE 10-28; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFUCT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 25, 2013). Sponsored by T.H. Additional information on the above items maybe obtained in the Office of the City Clerk, 3400 NW 135e. Street, Bldg. B, Opa-locka, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. PURSUANT TO FS 2115.0105c Anyone who desires to appeal any decision made by any board, agency, or commbsiwn with respect b any matter considered at such meeting or hearing will need a record of the pwceedngs, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. JOAIINA FLORES, CNC CITY CLERK ND SUNDAY, OCTOBER 13, 2013 1 15ND Miami Dade College Open House At All Miami Dade College Campuses Each campus will awned a scholarship for testate WINK, books or fowl Who should attend? • High school students, parents, high school personnel and anyone interested in starting a new career • Students interested in a Medical Campus program, or any of MDC's bachelor's degree programs as areas indudirng bio- logical silences: education; electronics engineering tedrnobgy; film, television and digital production; nursing; physician assistant studies; public safety manage- ment: or supervision and management You will have the opportunity to: • team how you can train for hot jobs in • Tour the campus and meet the students, many fields, such as aviation, computers faculty and staff of Miami Dade College. and Web development culinary arts, • learn about student organizations health care, hospitality and tourism, and activities. paralegal studies and more. • Attend sessions on financial aid, scholarships and admissions. Reserve your spot now! visit wesser Wapukwa or call 3116.131.61118. Poo special needs or acrosibaity questions, call at least Wee days prig to the event. 2013 r;ann, ocC wind ern. Ja, _.�n 1st Reading: OCTOBER 1 0, 2007 2nd Reading/Public Hearing: OCTOBER 2 4, 2 0 0 7 Adopted: OCTOBER 2 4, 2 0 0 7 Effective Date: OCTOBER 24, 2007 Sponsored by: T. Holmes Ordinance No. 0 7 - 1 9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CREATING A NEW SECTION 16.33 OF THE CODE OF ORDINANCES PROVIDING FOR A BAN ON THE WEARING SAGGY PANTS APPAREL IN CITY BUILDINGS AND PARKS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; FURTHER PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION IN THE CODE OF ORDINANCES WHEREAS, the City Commission is concerned about the appearance being fostered by individuals wearing saggy pants and exposing their underwear in public; and WHEREAS, the City Commission wishes to establish a dress code for city facilities which would prohibit the wearing of saggy pants which exposes underwear in public facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. A new section of the Code of Ordinances is hereby created': "Section 16-33. Ban on wearing saggy apparel in public facilities. It shall be unlawful for an individual to wear saggy pants apparel wherein underwear or under garments are exposed in city buildings and parks." Section 3. Any ordinance or ordinance in conflict herewith is hereby repealed. ' Words underlined indicate new language. Words stricken through indicate deletion of language. Asterisks indicate language which remains unchanged. 1 Section 4. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall become effective in the manner provided by law. Section 6. This ordinance shall, upon adoption, be codified in the City of Opa-locka Code of Ordinances. PASSED AND ADOPTED this 24 day of OCTOBER , 2007. ( 2. 1. , . . _7. . , z, 4 MAY 1 R Attest: Approved as to form and legal sufficiency: CLERK Moved by: VICE MAYOR JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 4 -1 Commissioner Holmes: YES Commissioner Tydus: Commissioner Miller: Vice -Mayor Johnson: Mayor Kelley: YES YES YES NO C:\Documents and Settings\vmcleary\My Documents\Ordinances\Ban on Saggy Pants 10-07.doc 2