ORDINANCE NO. 892-2003

 

 

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS AMENDING CODE OF ORDINANCE SECTION 110.02 - EXEMPTIONS, FOR BUSINESS ACTIVITIES REQUIRED TO TAKE PLACE WITHIN ENCLOSED BUILDINGS; BY ADDING THERETO AN ADDITIONAL EXEMPTION FOR OUTDOOR DINING ON CITY SIDEWALKS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; EFFECTIVE DATE.

 

 

WHEREAS, the City has previously provided specific exemptions from the general requirement that all business activities in the City take place within enclosed buildings; and,

WHEREAS, the City is in the process of revitalizing its downtown business district; and,

WHEREAS, the revitalization efforts of the City include the participation of the downtown area property and business owners; and,

WHEREAS, the establishment of outdoor sidewalk table service dining by restaurants located in qualifying areas of the City's downtown business district is an important component of the City's Revitalization Program; and,

WHEREAS, the City Council of the City of Miami Springs has determined that it is in the best interests of the City, its citizens and the City's Downtown Revitalization Program to permit outdoor restaurant table service dining on qualified City sidewalks:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI SPRINGS, FLORIDA:


 

 

Section 1: That Code of Ordinance Section 110.02, Exemptions, is hereby amended as follows:

SECTION 110.02.  Exemptions.

 

The following listed businesses or business activities shall be exempt from the provisions of Section 110.01, to-wit:

 

(A)   . . .

 

(B)   . . .

 

(C) Restaurants which provide outdoor dining, walk-up service or drive-through facilities on their business property. and restaurants that provide outdoor sidewalk table service dining so long as the City's sidewalks are at least nine (9) feet wide and the restaurants have secured written permission to utilize the City's sidewalks adjacent to their premises from the City Manager.  Restaurants shall be required to secure new written permission to utilize adjacent sidewalks, as provided herein, each time a new owner, operator, tenant, or business operation is established at a location that previously utilized the adjacent City sidewalk area for outdoor, sidewalk, table service dining.

 

(D)   . . .

 

(E)   . . .

 

(F)   . . .

 

(G)   . . .

 

(H)   . . .

 

 

Section 7: That all Ordinances or parts of Ordinances in conflict herewith, are hereby repealed insofar as they are in conflict.

Section 8: That this Ordinance shall take effect in the manner provided by law.

 

PASSED AND ADOPTED by the City Council of the City of Miami Springs, Florida this 13th day of January, 2003.

The motion to adopt the foregoing ordinance was offered on second reading by Councilwoman Gannon, seconded by Councilman Caudle,

and on roll call the following vote ensued:

 

Vice Mayor Youngs “aye”

Councilman Caudle “aye”

Councilwoman Fulton “aye”

Councilwoman Gannon “aye”

Mayor Wheeler “aye”

 

 

 

 

 

_________________

Richard L. Wheeler

Mayor

 

ATTEST:

 

 

___________________________

Magalí Valls, CMC

    City Clerk

 

 

 

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

 

             Jan K. Seiden, Esquire               

             Assistant City Attorney

 

1st reading:       12/09/2002

2nd reading:      01/13/2003

 

Words -stricken through- shall be deleted.  Underscored words constitute the amendment proposed. Words remaining are now in effect and remain unchanged.