98-3124 ORD
ORDINANCE NO. 98-3U4
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR
THE CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR THE
REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN;
PROVIDING A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND
PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL
BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1. The Code entitled "Code of the City of Miami Beach, Florida" published
by Municipal Code Corporation consisting of chapters 1 through 142, each inclusive, is
adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before
November 17, 1997, and not included in the Code or recognized and continued in force by
reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive
any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed
by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a
violation of any provision of the Code or any ordinance, rule or regulation adopted or issued
in pursuance thereof shall be punished by a fine not exceeding $500.00 or a term of
imprisonment not exceeding 60 days or both a fine and a term of imprisonment.. Each act
of violation and each day upon which any such violation shall occur shall constitute a separate
offense. The penalty provided by this section, unless another penalty is expressly provided,
"
shall apply to the amendment of any Code section, whether or not such penalty is reenacted
in the amendatory ordinance. In addition to the penalty prescribed above, the city may
pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in the form as to
indicate the intention of the city to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes the additions and
amendments.
Section 6. Ordinances adopted after November 17, 1997, that amend or refer to
ordinances that have been codified in the Code shall be construed as if they amend or refer
to like provisions of the Code.
Section 7. This ordinance shall become effective July 16, 1998
Passed and adopted by the city commission of the City of Miami Beach, Florida this
1st day of
July
1998
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Mayor
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City Clerk
1st reading 6/3/98
2nd reading 7/1/98
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. ~25
TO:
Mayor Neisen O. Kasdin and
Members of the City Commi
DATE: July I, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
AN ORDINA CE ADOPTING AND ENACTING A NEW CODE FOR THE
CITY OF MIAMI BEACH, FLORIDA; PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING
A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission adopt the attached Ordinance
on second reading.
BACKGROUND:
The last time the City Code book was codified was in 1964. The last supplement to the 1964 Code
book was in 1991. Since the time of the last supplement (1991), there have been approximately 340
ordinances adopted. The City Code books used by City staff or the public are often outdated.
Retrieval of current laws is difficult and time-consuming both for staff and the public. The question
of accuracy of information is of grave concern. Additionally, approved ordinances are not compared
against State of Florida or Dade County laws for conflicts.
At the June 5th, 1996 Commission meeting, Resolution No. 96-21999 was adopted. This Resolution
authorized the City Administration to execute a professional services agreement with Municipal
Code Corporation ("MCC") to research, edit, recodify, and to provide supplemental services to the
City's Charter, Related Laws, Code of Ordinances, and Zoning Ordinances.
The codification process of the new City Code book contains and/or makes reference to all
ordinances adopted through November 17, 1997. The agreement with Municipal Code Corporation
provides for a looseleaf supplement service. After publication of the new Code book, MCC will
keep the Code up-to-date by the publication of looseleaf supplements which will contain the new
ordinances of a general and permanent nature enacted by the City Commission. MCC's editorial
staff will review the new ordinances in co~unction with the existing provisions of the new Code
book. Appropriate editorial notes will be prepared and appended to the new sections. A minimum
of thirty (30) working days will be required for delivery of
each supplemental material.
AGENDA ITEM
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DATE
The new City Code book has one new additional feature and this is the incorporation of the City's
Zoning Ordinance. Previously, the Code book and the Zoning Ordinance were separate documents.
All future ordinances which amend this portion of the Code book will be handled through the
supplemental looseleaf service.
The Administration is researching the cost of accessing the Code book using computer retrieval
software. Additionally, access to the new City Code book will be made available on the internet via
http://www.municode.com. The new City Code book will be available for purchase, either in bound
volume or in computer disc through Municipal Code Corporation.
CONCLUSION:
The Administration recommends that the Mayor and City Commission adopt the attached Ordinance
enacting the new City Code book. The new City Code book will officially be in use as of the
effective date of the Ordinance, July 11, 1998.
,
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F:ICLERI$ALL IDOROTHY\DA T A I$ACODE2.MEM