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HomeMy Public PortalAbout13-39 Improper Solicitation on City Street and Property 1st Reading: 11/13/2013 2rx1 Reading: 12/11/2013 Public Hearing:12/11/2013 Adopted: 12/11/2013 Effective Date: 12/12/2013 Sponsor: Commissioner Johnson ORDINANCE NO. 13-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF THE OPA-LOCKA, FLORIDA, TO CREATE AN ORDINANCE PROHIBITING IMPROPER SOLICITATION ON CITY STREETS AND PROPERTY IN ACCORDANCE WITH PROVISIONS, SIMILAR TO FLORIDA STATUTE 337.406; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City Commission of the City of Opa-locka desires that the public streets and roadways operate safely; and WHEREAS,solicitation on the City streets and roadways create a hazard and unacceptable risk of harm when a person solicits on a public street or roadway in certain instances; and WHEREAS,the residents of the City of Opa-locka should be able to move freely in public areas without being subject to harassment, intimidation, blocked passage, aggressive behavior, battery, and other forms of aggressive solicitation. WHEREAS, the City Commission of the City of Opa-locka desires to create an ordinance similar to Florida Statute 337.406 to prohibit improper solicitation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA,AS FOLLOWS: ORDINANCE NO. 13-39 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 creates an ordinance prohibiting improper solicitation on City streets, roadways, and property, in accordance with provisions similar to Florida Statute 337.406. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. The ordinance shall become effective in the manner provided by law. Section 6.The ordinance shall,upon adoption,be codified in the City of Opa-locka Code of Ordinances. PASSED AND ADOPTED THIS 11th day of December, 2013. / I i RA T' LOR MAYOR Attest to: Approved as to form and legal sufficiency: it. )-LC) Canna Flores J s.;ph�S� ' eller ity Clerk ' 'EEN:POON MARDER, PA C'ty Attorney ORDINANCE NO. 13-39 Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES MIAMI HERALD I MiamiHerald.com ND SUNDAY,DECEMBER 1,2013 I 7ND 0 ?04 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 its Regular Commission Meeting on Wednesday, December 11,2013 at 7:00 p.m.in the City Commission Chambers at Sherbondy Village,215 Perviz Avenue,Opa-locka,Florida to consider the following items: SECOND READING ORDINANCES/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 10-03, WHICH CREATED A NEW SECTION(ORDINANCE NO.86-8,ARTICLE 7,SECTION 7.5)TREE PROTECTION PROGRAM;SPECIFYING INTENT;DESIGNATING AUTHORITY TO SUPERVISE; ENFORCE;MODIFY AND SUPPLEMENT;PROVIDING DEFINITIONS;ESTABLISHING TREE PLANNING STANDARDS;PROVIDING TREE REMOVAL STANDARDS; PROHIBITING TREE ABUSE; DESCRIBING PUBLIC PROPERTY PLANTING AND MAINTENANCE STANDARDS; APPLICABILITY TO UTILITY COMPANIES; ESTABLISHING EMERGENCY PROVISIONS; DESIGNATING ENFORCEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 13, 2013). Sponsored by C.M. 2. AN ORDINANCE OFTHE CITY COMMISSION OF THE CITY OFOPA-LOCKA,FLORIDA,TO CREATE AN ORDINANCE PROHIBITING IMPROPER SOLICITATION ON CITY STREETS AND PROPERTY IN ACCORDANCE WITH PROVISIONS, SIMILAR TO FLORIDA STATUTE 337.406; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on November 13,2013).Sponsored by D.J. 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA PROVIDING FOR THE ISSUANCE,IN ONE OR MORE SERIES,OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION,OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT,BUT SHALL BE SECURED BY AND PAYABLE FROM PLEDGED FUNDS CONSISTING OF(I)THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A PUBLIC SERVICE TAX AND(II)THE COMMUNICATIONS SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A COMMUNICATIONS SERVICES TAX; PROVIDING FOR THE ISSUANCE OF THE FIRST SERIES OF SUCH OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS($8,500,000),TO BE DESIGNATED AS THE CITY OF OPA-LOCKA,FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2013,FOR THE PRINCIPAL PURPOSE OF PROVIDING FUNDS,TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO FINANCE THE COST OF ACQUISITION OF A SITE WITHIN THE CITY AND THE ACQUISITION,CONSTRUCTION,IMPROVEMENT AND EQUIPPING OF A CITY ADMINISTRATION BUILDING AND RELATED FACILITIES ON SUCH SITE, ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE;PROVIDING FOR THE ISSUANCE OF ADDITIONAL OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS;PROVIDING FOR THE CREATION OF CERTAIN FUNDS AND ACCOUNTS;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE (first reading held on November 26,2013).Sponsored by C.M. 4. A SERIES ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA PROVIDING FOR THE ISSUANCE,PURSUANT TO AN ORDINANCE OF THE CITY PREVIOUSLY ENACTED,OF OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000),TO BE DESIGNATED AS THE CITY OF OPA-LOCKA,FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2013,FOR THE PURPOSE OF PROVIDING FUNDS,TOGETHER WITH OTHER AVAILABLE FUNDS,TO FINANCE THE COST OF ACQUISITION OF A SITE WITHIN THE CITY AND THE ACQUISITION,CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF A CITY ADMINISTRATION BUILDING AND RELATED FACILITIES ON SUCH SITE, FUNDING A RESERVE ACCOUNT FOR THE SERIES 2013 NOTE,IF DEEMED NECESSARY,AS PROVIDED HEREIN,AND PAYING COSTS OF ISSUANCE OF THE SERIES 2013 NOTE;PROVIDING FOR THE TERMS AND PAYMENT OF SUCH SERIES 2013 NOTE;PROVIDING FOR THE RIGHTS,SECURITY AND REMEDIES OF THE LENDER WITH RESPECT THERETO;MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DESIGNATING A REGISTRAR AND PAYING AGENT FOR THE SERIES 2013 NOTE;DELEGATING AUTHORITY TO THE CITY MANAGER, IN CONSULTATION WITH THE CITY'S FINANCIAL ADVISOR,TO SELECT A QUALIFIED FINANCIAL INSTITUTION PURSUANT TO A COMPETITIVE PROPOSAL PROCESS TO MAKE A LOAN TO THE CITY EVIDENCED BY THE SERIES 2013 NOTE,SUBJECT TO CERTAIN PARAMETERS AND OTHER MATTERS SET FORTH IN THIS SERIES ORDINANCE;AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH THE LENDER TO SET FORTH ADDITIONAL COVENANTS OF THE CITY AND MATTERS RELATING TO THE SERIES 2013 NOTE AS MAY BE REQUIRED BY THE LENDER;AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE,SALE AND DELIVERY OF THE SERIES 2013 NOTE;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE(first reading held on November 26,2013).Sponsored by C.M. Additional information on the above items may be obtained in the Office of the City Clerk,3400 NW 135th 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 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 maybe based. JOANNA FLORES,CMC CITY CLERK Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 12013 21 Go l The 2013 Florida Statutes Title XXVI Chapter 337 View Entire PUBLIC CONTRACTING; ACQUISITION, DISPOSAL, AND Chapter TRANSPORTATION USE OF PROPERTY 337.406 Unlawful use of state transportation facility right-of-way; penalties.— (1) Except when leased as provided in s. 337.25(5) or otherwise authorized by the rules of the department, it is unlawful to make any use of the right-of-way of any state transportation facility, including appendages thereto, outside of an incorporated municipality in any manner that interferes with the safe and efficient movement of people and property from place to place on the transportation facility. Failure to prohibit the use of right-of-way in this manner will endanger the health, safety, and general welfare of the public by causing distractions to motorists, unsafe pedestrian movement within travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing and other dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities. Such prohibited uses include, but are not limited to, the free distribution or sale, or display or solicitation for free distribution or sale, of any merchandise, goods, property or services; the solicitation for charitable purposes; the servicing or repairing of any vehicle, except the rendering of emergency service; the storage of vehicles being serviced or repaired on abutting property or elsewhere; and the display of advertising of any sort, except that any portion of a state transportation facility may be used for an art festival, parade, fair, or other special event if permitted by the appropriate local governmental entity. Local government entities may issue permits of limited duration for the temporary use of the right-of- way of a state transportation facility for any of these prohibited uses if it is determined that the use will not interfere with the safe and efficient movement of traffic and the use will cause no danger to the public. The permitting authority granted in this subsection shall be exercised by the municipality within incorporated municipalities and by the county outside an incorporated municipality. Before a road on the State Highway System may be temporarily closed for a special event, the local governmental entity which permits the special event to take place must determine that the temporary closure of the road is necessary and must obtain the prior written approval for the temporary road closure from the department. Nothing in this subsection shall be construed to authorize such activities on any limited access highway. Local governmental entities may, within their respective jurisdictions, initiate enforcement action by the appropriate code enforcement authority or law enforcement authority for a violation of this section. (2) Persons holding valid peddlers' licenses issued by appropriate governmental entities may make sales from vehicles standing on the right-of-way to occupants of abutting property only. (3) The Department of Highway Safety and Motor Vehicles and other law enforcement agencies are authorized and directed to enforce this statute. (4) Camping is prohibited on any portion of the right-of-way of the State Highway System that is within 100 feet of a bridge, causeway, overpass, or ramp. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=... 11/8/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 (5) The violation of any provision of this section or any rule promulgated by the department pursuant to this section constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and each day a violation continues to exist constitutes a separate offense. History.—s. 1, ch. 73-188; s. 1, ch. 79-30;s. 206,ch. 81-259; s. 168, ch.84-309; s. 3, ch. 86-37; s. 3, ch. 87-266;s. 25, ch. 88-168;s. 9, ch. 90-227; s.43, ch. 95-257; s. 10, ch. 2005-281; s. 23,ch. 2010-225. Note.—Former s. 339301. Copyright©1995-2013 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&Search String=... 11/8/2013