Ordinance 92-2816ORDINANCE NO.
92-2816
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 25, ENTITLED ',OFFENSES -
MISCELLANEOUS'', AMENDING SECTION 25-67.5 BY RAISING THE GARAGE
SALE PERMIT FEE FROM $15.00 TO $20.00 AND BY REQUIRING
ADDITIONAL INFORMATION FROM PERMIT APPLICANTS; AMENDING
SECTION 25-67.7 BY 1) CHANGING THE NUMBER OF GARAGE SALES
PERMITS ISSUED WITHIN A TWELVE-MONTH PERIOD FROM TWO (2) TO
ONE (1) PER RESIDENCE, 2) DELETING THE EXCEPTION WHICH PERMITS
NEW OCCUPANTS OF A RESIDENCE TO HOLD A GARAGE SALE WITHIN 12
MONTHS OF A FORMER OCCUPANT'S LAST GARAGE SALE, 3) CLARIFYING
THE RESTRICTION LIMITING GARAGE SALES TO TWO (2) CONSECUTIVE
DAYS PER PERMIT, 4) PROHIBITING THE ISSUANCE OF GARAGE SALE
PERMITS TO PERSONS WHO HAVE CONDUCTED A GARAGE SALE WITHOUT A
PERMIT WITHIN THE PRECEDING TWELVE (12) MONTHS WHO HAVE
OUTSTANDING UNPAID FINES FOR PRIOR GARAGE SALE VIOLATIONS, OR
WHO ARE APPLYING TO CONDUCT A GARAGE SALE FROM A PREMISIS
WHERE AN UNPERMITTED SALE OCCURRED WITHIN THE LAST 12 MONTHS,
AND 5) REVISING RESTRICTIONS ON GARAGE SALE SIGNAGE; AMENDING
SECTION 25-67.10 BY REVISING AND RAISING THE FINES IMPOSED FOR
CERTAIN VIOLATIONS; PROVIDING FOR REPEALER, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, on May 30, 1991 the City Commission of the City of
Miami Beach, Florida passed Ordinance No. 91-2746 which prohibited
the conduct of garage sales at single family and multifamily
residences without a permit from the City, and established
regulations for the permitting and conduct of such sales; and
WHEREAS, the City Commission believes that it is necessary to
amend said Ordinance as provided herein in order to facilitate
enforcement and to improve compliance with the City's garage sales
regulations; and
WHEREAS, the City Commission finds that these amendments are
necessary to the safety and welfare of the residents of the City of
Miami Beach.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: AMENDMENT OF SECTION 25-67.5.
That Section 25-67.5 of Miami Beach City Code Chapter 25,
entitled "Offenses -Miscellaneous" is hereby amended to read as
follows:
Sec. 25-67.5. SAME - permit required.
(1) No person(s) shall conduct a Garage Sale as defined in
section 25-67.4 herein within the City of Miami Beach without
first obtaining a permit as specified herein.
1
(2) All persons wishing to obtain such a "Garage Sale Permit"
shall make application at the Code Enforcement Division of the
City, and shall pay a fee of $20.00 $15.00 per permit.
(3) Applicants for Garage Sale Permits must provide the
following information to the City at the time of application:
(a) Name of person conducting Sale or owner of property
at which Sale will be located if different from
person conducting Sale.
(b) Location where the Garage Sale is to be conducted.
(c) Number of days Sale is to be held.
(d) Dates of any past Garage Sale(s) at the subject
location within the past 12 months.
(e) Length of time applicant has resided at the subject
location.
(f) Owner(s) of property to be sold at Sale if
different from Person conducting Sale.
(g) Nature of property to be sold.
Sh1 Any previous citations for violations of Sections
25-67.5 - 25-67.7 in the past 12 months and whether
the fines were paid.
(4) Applications for Garage Sales to be located at Multi-
family Residence Buildings must be accompanied by the written
permission of the property owner.
(5) All applications shall be accompanied by proof of
residence, which may be a current driver's license, voter
registration, or county tax assessor's bill.
(6) All Garage Sale Permit requests must be made at least
seven (7) days prior to the date of the Sale; responses to the
requests (i.e., permit approval or permit denial) will be
mailed to the applicant prior to the date of Sale.
SECTION 2. AMENDMENT OF SECTION 25-67.7.
That Section 25-67.7 of Miami Beach City Code Chapter 25,
entitled "Offenses -Miscellaneous" is hereby amended to read as
follows:
2
Sec. 25-67.7. Same - regulations.
(1) A "Garage Sale Permit" as required by Section 25-67.5
herein shall be issued for a Garage Sale located in any one
single-family residence or Multi -family Residence Building on
no more than one tete occasions during any twelve (12) month
period+. provided, however, that where all occupant3 of a
for their yearly
"Garage Sale Permit".
(2) No Garage Sale Permit shall be issued for a Garage Sale
in a Multi -family Residence Building unless the Property Owner
gives written permission for the conduct of the Sale.
(3)
No Garage Sale Permit shall be issued for a Garage Sale
occurring on more than two (2) consecutive days. Failure to
request a 2 -day Permit or to conduct the Sale on both days
shall not entitle the Permit holder to conduct another Garage
Sale on any date other than that appearing on the Permit or to
obtain another Permit prior to 12 months from the date on the
last Permit.
(4) Each Garage Sale Permit must be prominently displayed on
the premises upon which the Garage Sale is held at all times
while the Sale is in progress.
(5)
Garage Sales shall be held only during daylight hours.
(6) All merchandise to be sold at a Garage Sale shall be
displayed in an enclosed room, enclosed garage or in a
carport. At no time shall merchandise be displayed on a
public right-of-way, or swale area; provided, however, that if
no enclosed garage or carport exists at said location,
merchandise may be displayed on a private driveway, rear yard
or portion of the front yard not to exceed twenty-five percent
(25%) of the total front yard area. All items used or
displayed at a garage sale shall be removed from unenclosed
areas by the end of the last day of the Sale.
(7)
Signs advertising a Garage Sale shall not be displayed
until the first day of the Sale and shall be removed at the
3
end of the last day of the Sale. No such signs shall be
displayed on any public property or right -of- way. No more
than two (2) signs advertising a Garage Sale shall be
permitted.
Such
signs shall not be larger than 12 in. x 18 in. each.
(8) No Garage Sale Permit shall be issued to a Person who has
conducted a Garage Sale without obtaining a permit within the
preceding twelve (12) months or who has outstanding unpaid
fines imposed pursuant to Section 25-67.9 herein or to a
person applying to conduct a Garage Sale from a premisis where
an unpermitted Garage Sale was conducted within the last
twelve (12) months.
SECTION 3. AMENDMENT OF SECTION 25-67.10.
That Section 25-67.10 of Miami Beach City Code Chapter 25,
entitled "Offenses -Miscellaneous" is hereby amended to read as
follows:
Sec. 25-67.10. Civil fines for violators.
(1) The following civil fines shall be imposed for violations
of sections 25-67.5(1) and 25-67.6 of this chapter:
Section 25-67.5(1)
(Garage Sale
without a permit,
when there was
no previous
Garage Sale in the
past 12 months)
Garage Sale
without a permit,
when there was a
previous Garage
Sale within the
past 12 months
= $50.00
if paid after 72 hours of
issuance of notice.
= $250.04
Garage Sale $ 13(k'# '
without a permit
when there were two
(2) or more previous
Garage Sales within
the past 12 months
Section 25-67.6
(Sale of merchandise
belonging to a Business
Entity, new merchandise or
merchandise in bulk)
4
First offense in = $50.00
a five-year period
Second offense =
in a five-year period
050.00 ..
50.00
Third offense in = t5iWw.00
a five-year period
/2L Additionally, violators of sections 25-67.5 and 25-67.6
will be required to pay the permit fee of $20.00 pursuant to
Section 25-67.5(2).
(3) (2) Violations of paragraphs (4) through (7) of Section
25-67.7 shall carry a civil fine of $50.00 $25.00 per for the
first violation within a two-year period and $500.00 for each
subsequent violation within said period. In the event that a
violator fails to discontinue a violation of one or more of
these paragraphs after receiving a citation, a second -offense
citation may be issued during the same Garage Sale.
SECTION 4. REPEALER.
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the 31st day of October
1991.
PASSED and ADOPTED this 21st da '.'f October , 1992.
ATTEST:
CIY CLERK 1st reading 10/8/92
2nd reading. 10/21/92
(Requested by Commissioner Sus
SWS:scf:\Disk1\5garager.ord)
FORM APPROVED
LEGA iE
Date 57" /0- l5 - /2
5
LAURENCE FEINGOLD
CITU ATTORNEY
TO:
OFFICE OF THE CITY ATTORNEY
IC/Ififfini Wear%
F L 0 R 1 D A
COMMISSION MEMORANDUM NO:
MAYOR SEYMOUR GELBER AND
MEMBERS OF THE CITY COMMTS,SION
CITY MANAGER ROGER M. CON
FROM: LAURENCE FEINGOLD
CITY ATTORNEY 7\
PO BOXO
MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE (305) 673-7470
TELECOPY (305( 673-7002
DATE: OCTOBER 21, 1992
SUBJECT: AMENDMENT TO GARAGE SALES ORDINANCE
Commissioner Susan F. Gottlieb requested this ordinance which
amends City Code Chapter 25, "Offenses -Miscellaneous", Sections 25-
67.5 - 25-67.10, pertaining to garage sales. The amendments
include the following:
1) A change in the yearly number of garage sales permitted
per residence from two to one, and deletion of the
exception which permits new occupants to hold a garage
sale within 12 months of the last sale held by a former
occupant
2) Raises in the amounts of fines for v i 1ati.Dns of the
City's Garage Sales regulations and revisions to penalize
repeat offenders of the regulations pertaining to signage
and display of sale items
3
A prohibition on the issuance of garage sales permits to
persons who have conducted illegal garage sales within
the past twelve months, who have outstanding unpaid fines
for prior violations of the ordinance or who are applying
to conduct a sale from a premisis where an illegal garage
sale occurred within the last twelve months
4) Requirement of additional information from applicants for
garage sale permits.
5) Clarification of the regulation limiting garage sales to
one occasion yearly
6) A raise in the fee charged for a Garage Sale Permit from
$15.00 to $20.00
7) A change in the total number of permissible signs
advertising the garage sale from 5 to 2 signs
These amendments passed on first reading on October 8, 1992.
Based on further research we are now recommending that the fines
imposed for second and third offenses be changed from $500 to $350
and from $1,000 to $500, respectively, in keeping with the maximum
fine of $500 established for civil infractions in Chapter 162, Part
II of the Florida Statutes. The changes have been highlighted in
the attached Ordinance.
SWS:scf:garsale.cm
AGENDA
ITEM
DAT E
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1 700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139
ORIGINAL
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