2001-3317 ORD
ORDINANCE NO. 2001-3317
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY
CODE ENTITLED "PUBLIC PROPERTY" BY AMENDING
DIVISION 3 THEREOF ENTITLED "NEWSRACKS" BY
AMENDING SECTIONS 82-176 THROUGH 82-257 TO
PROVIDE THAT ENFORCEMENT OF THE REGULATIONS
IN DIVISION 3 SHALL BE THE RESPONSIBILITY OF THE
CITY MANAGER OR THE CITY MANAGER'S DESIGNEE
AND DELETING ALL REFERENCES TO THE PUBLIC
WORKS DEPARTMENT OF THE CITY OF MIAMI BEACH;
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission deem it in the best interests of the City that
enforcement measures with regard to the City's Newsrack Ordinance should be the responsibility
of the City Manager or City Manager's designee instead of the Public Works Department.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows:
SECTION 1. That Section 82-176 entitled "Definitions" of Chapter 82 of the Miami Beach City
Code is hereby amended to read as follows:
Subdivision I. Generally
Sec. 82-176. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Code Compliance department means the code compliance department of the City.
*
*
*
SECTION 2. That Section 82-201 entitled "Notice of Violation, request for hearing" of Chapter
82 of the Miami Beach City Code is hereby amended to read as follows:
SECTION 14. EFFECTIVE DATE.
This Ordinance shall take effect on the l1ifh day of September, 2001.
PASSED and ADOPTED this 5th day of S-ept1emlleg 2001.
ATTEST:
~II
MAYOR
~x WM~
CITY CLERK
Ordiillance No.,.2001-3317
f:\A1"lwn'RNIORDlNANClNtWSRACK.R':V
1i5ml
APPROVEDM1O
FORM &LANGUAGI!
. FOR EXECUTION
1fi..1f!:!::- 7. -I J-OL
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9
CITY OF MIAMI BEACH ro
NOTICE OF PUBLIC HEARINGS "liiIIiIiI'"
NOTICE IS HEREBY given that pUblic hearings will beheld by the Mayqr
and City Commission of the City of Miami Beach, Florida, In the Commission
Chambers, 3rd floor. City Hall, j700 Convention'Center Drive. Miami Beach,
Florida, on Wednesday, September 5. 2001, 'at the times listed below, to
I conside~ the adoption at the following ordinances:
at 10:15 a.m.: . . ..
AN ORDINANCE AMENDING CHAPTER 82 OF THE MIAMI BEACH CITY
CODE ENTITLED "PUIlLlC PROPERTY" BY AMENDING DIVISION 3
THEREOF ENTITLED "NEWSRACKS" IlY AMENDING SECTIONS 82.176
THROUGH 82-257 TO PROVIDE THAT ENFORCEMENT" OF THE
REGULATIONS IN DIVISION 3 SHALL IlE THE RESPONSIBILITY OF THE
CITY MANAGER OR THE CITY MANAGER'S DESIGNEE AND DELETING
ALL REFE:RENCES TO THE. PUIlLIC WORKS DEPARTMENT OF THE CITY
OFMIAMI','IlEACH; PROVIDING FOR CODIFICATION, '-REPEALER,
SEVERABILl1;Y ANOAN EFFECTiVE DATE,
at 10:20 a:';;:,'t . , .
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMIIlEACH,
FLORIDA, CHAPTER 82, "PUIlLIC PROPERTY," ARTICLE IV, "USES IN
PUIlLlC"RIGHT5-0F-WAY,' DIVISION 6, "PROHIBITED .SIGNS OVER
PUIlLlC PROPERTY,' TO ADOPT A NEW SECTION 82-414, ENT+rLEO
"PERMITTED SIGNS, SHELTERS AND ADVERTISING IN . PUIlLIC
RIGHTS.OF.WAY," TO CLARIFY THE CITY'S AUTHORITY 'TO PLACE
SIGNS IN THE PUIlLICRIGHT-DF-WAY, INCLUDING DIRECTORY SIGNS,
AND SIGNS ASSOCIATED WITH BUS SHELTERS, WHICH MAY INClUDE
ADVERTISING, . PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
o . ,~ ...... -, -, - -', - ~ . ., - - . ,. . . '
Inqui~es'maibe directed t? the City ,Attorney's office ei (305)673-7470,
. - ,'r". -.", ..' ,,' '.' ,~., . ',o,~. _ ",.. ; !. . _ --._
. ALUNTERESTEO,PARTIES are invited to appear~at this meeting, or be
I repres~nte(by~n'agent;~or .to exPress their views,in'writing addresSed to
the CityCommisslo,;, C/o the CitY Cieri<, 1700 Convention Center Drive, 1 st
,Floor; CitY Hall; Miami Ileach; Florida 33139, Caples of these ,ordinances are
i available for. i:)ljbU~.Jnspectioii. during norm~ business hours In .the City
Clerk's Offico,,1700,Co.nventi.on'Center Drivio, istAoor, CitY Hall,:Miami
,Beach,)719rida i~~~~' -~Jh~_: TDee~.'.1g may be. contintled and under such
ci!'Cumstan~es additlQnal,~gal notice would riot be provided. -'..' '....'-_
c " ,~,~ '. :"_~:;.:_...... ,.,~ '.....';I~.....;_ .' _ '.'. . ',';.. '"
'-, "/..' ':" ~~'~~~;~1 '"r:_~f.';:~.:',R?bert E; Pa[cher, City Clerk"',-::.:': .
..... .~:".tl:.,_-irr: 'j~ f~,C,)~f..::,-Clty of Miami Beach
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, Pursuant to SeQlion 28e,oi05:'l'1a"Stal"the.City hereby adVises the pUblic
tfiat., if 'a person 'decides :to"appeal_ any :d,ecision made by,the City
Commission -with, .respect .to any'. matter _considered at its meeting_"OrJts
hearing, such,pel:Son must ensure that a verbatilT\ record of the proceedings
is,made,'~hic~'f8:COrdincludes the..testimony andevidenC?8 upon which the
appeal ,is .to,~e ~ased.,This potice does not constitute consent by the City for
the __introduction or_ -~dmission :01 otherwise inadmissible__,or, irrelevant
evidence',oor does-it authorize, challenges or appeals' not otherWise ~lIowed
~}~~;:~~'.;>~i'~'~:'~:~~>,' :.,:,-~-:~: -,;:- -;. '~-. ;..._ ~ ,t~-f-~ :I:j<e<~d?~t
In accordance with- the Americans with Oisabilities::.Act~of-:-1_99(}1,;,~rsons
n$6ding special accommodation to participate Ji',,^_~i$_ proqeeding :sl1ould
-contact the City. Clerk's office no later than joul daYs prior'tO the proceeding,
telephone (305) 673-7411 for assistance; ij hearing Impafre<fielephon. the
. Florida Reiay Sorvica numbers, (BOO) 955.8nl (TOO) .or. (800)'955-8nO
(VOICE), forassistance.,"; ~', 'c: .>;,,~ ~'.;" ."" ;"":.
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MURRAY H. DUBBIN
City Attorney
TO:
FROM:
SUBJECT:
OFFICE OF THE CITY ATTORNEY
<6'~ tfJ/Uomi 71-
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Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: September 5, 2001
Mayor Neisen O. Kasdin and
Members of the City Commission
Murray H. Dubbin .i\lV
City Attorney ~ ~lN'v
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
82 OF THE MIAMI BEACH CITY CODE ENTITLED "PUBLIC
PROPERTY" BY AMENDING DIVISION 3 THEREOF ENTITLED
"NEWSRACKS" BY AMENDING SECTIONS 82-176 THROUGH 82-
257 TO PROVIDE THAT ENFORCEMENT OF THE REGULATIONS
IN DIVISION 3 SHALL BE THE RESPONSIBILITY OF THE CITY
MANAGER OR THE CITY MANAGER'S DESIGNEE AND
DELETING ALL REFERENCES TO THE PUBLIC WORKS
DEPARTMENT OF THE CITY OF MIAMI BEACH; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
SECOND READING
Pursuant to the request of Commissioner Nancy Liebman, the above referenced Ordinance
is submitted for consideration by the Mayor and City Commission.
cc: Jorge M. Gonzalez
City Manager
F:\Al1'o\11JIlN\COl.lMMEIoIOIN~IRM:l,~EV
Agenda Item RSA
Date ?-Q-"'O{
1700 Convention Center Drive -- Fourth Floor -- Miami Bea
lQ
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
n I 'I "',.,- ~
u; ";Ui.~ "./ I'~:'! ll' ,":".j
<.- - ,'.' ,~.~
ell'( ;"1 ; lJi\~';L r ~) UFFiCE
TO:
MURRAY H. DUBBIN
CITY ATTORJ.'iEtfVY /
NANCY LIEBM N
COMMISSIONE
.
JUNE 21, 2001
FROM:
DATE:
RE:
NEWSR<\.CK ENFORCEMENT
Please prepare an ordinance change that will shift the newsrack enforcement from the
Public Works Department to the Code Compliance Department.
NL/sl'
Subdivision II. Administration and Enforcement
Sec.82-201. Notice of violation; request for hearing.
Except as provided in section 82-203, whenever the pttblie ,.'Clrb City Manager or City
Manager's designee finds that a newsrack is in violation of this division, the pttblie MJrb City
Manager or City Manager's designee shall mail an advisory notice specifying the violation to the
publisher responsible for that newsrack. If the violation is not corrected within 15 days from the date
of mailing of the advisory notice, the pttblie ,Y<Jrb City Manager or City Manager's designee shall
cause a tag to be attached to the newsrack specifying the date and nature of the violation. A written
notice of violation and information regarding procedures for appeal from the finding of violation
shall thereafter be sent by certified mail within three working days by the l'tiblie ,.l:'lIb City Manager
or City Manager's designee to the registered publisher responsible for the newsrack and to any
person whose name appears on the newsrack as provided in section 82-256. The publisher or his
designee shall, within 15 days from the date on which the tag was attached, either cause the violation
to be corrected or request a hearing pursuant to section 82-207.
SECTION 3. That Section 82-202 entitled "Removal and storage of news racks" of Chapter 82 of
the Miami Beach City Code is hereby amended to read as follows:
Sec. 82-202. Removal and storage of news racks.
(a) Any newsracks installed, used or maintained in violation of this division may, after prior
notices to the publisher as provided in section 82-201, be removed by the pttblie ',,'Clrlm City
Manager or City Mana\!er's desi\!nee and stored in a place convenient to the publie wClrb
City Manager or City Manager's designee; except that a request for hearing pursuant to
section 82-207 timely filed within the IS-day period shall stay removal pending the outcome
of the hearing and any subsequent judicial review. The stay shall expire when:
(l) A request for hearing has been withdrawn and the violations cited have not been
corrected;
(2) A hearing has resulted in a final determination that the violation specified on the tag
attached to such newsrack has in fact occurred, and the publisher has failed to correct
such violation or seek judicial review of same within 30 days from the date of
determination; or
(3) When all judicial review is concluded, and the determination of violation has been
sustained and the publisher has failed to correct the violations in question within 30
days from the date of the last judicial determination.
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(b) Notwithstanding any other provision of this division, when any newsrack poses an imminent
or immediate hazard to pedestrians, vehicles or property, the: diree:t6r 5f pttblie: '.verb City
Manager or City Manager's designee shall attempt to give telephone notice to the publisher
and afford the publisher the opportunity to remove or otherwise relocate the newsrack.
Where telephone notice is not feasible or where the owner fails to remove or relocate the
newsrack following the notice, the directm efpttblie: ,,<lib City Manager or City Manager's
designee may remove or relocate the newsrack. The newsrack may be stored as provided in
subsection (a) of this section, and notice shall be provided to the publisher in accordance
with section 82-203. A newsrack shall be deemed a hazard when its installation, use or
maintenance endangers the safety of persons or property.
SECTION 4. That Section 82-204 entitled "Release of stored newsracks, storage fee; inspection
fee" of Chapter 82 of the Miami Beach City Code City Code is hereby amended to
read as follows:
Sec. 82-204. Release of stored newsracks, storage fee; inspection fee.
(a) Any newsrack, together with its contents, which has been stored pursuant to section 82-203
shall be returned to the publisher:
(1) Upon receipt by the ptlblit: ',vmb City Manager or City Manager's designee of a
removal fee of $50.00 and a storage fee of $5.00 per day paid by the publisher; or
(2) Upon filing of a request for hearing pursuant to section 82-207 accompanied by a
deposit of a $50.00 removal and storage fee to be held by the pttblit: ,,8rb City
Manager or City Manager's designee, which fee shall be returned to the publisher
upon a determination by the special master after a hearing pursuant to section 82-207
or by a court upon judicial review that the newsrack should not have been removed.
(b) The pttblie 'Mr!{3 City Manager or City Manager's designee shall reinspect the corrected
condition of any newsrack reinstalled after release under this section. The publisher shall pay
an inspection fee of $10.00 for the reinspection, except that no inspection fee shall be
imposed for any newsrack reinstalled pursuant to subsection (a)(2) ofthis section where the
special master or a court has determined that the newsrack should not have been removed.
SECTION 5. That Section 82-206 entitled "Abandoned newsracks" of Chapter 82 of the Miami
Beach City Code is hereby amended to read as follows:
Sec. 82-206. Abandoned news racks,
A newsrack shall be deemed abandoned when it does not contain the publication specified
3
therefor within 48 hours after release of the current issue or when no publication is in the newsrack
for more than seven consecutive days. When any newsrack has been abandoned on public property
in the city, the dircct61 ef pttblie '..erb City Manager or City Manager's designee shall attempt to
notifY the publisher by certified mail and by telephone and afford the publisher the opportunity to
remove the newsrack, to resume distribution, or to show reasonable cause therefor. Where the
publisher is unknown or where the publisher has failed to resume distribution, remove the newsrack
or show reasonable cause therefor within 15 days of receipt of certified notice, the elireeter ef l'ttblie
~ City Manager or City Manager's designee may remove and store the newsrack as provided
by section 82-202. The publisher, if identifiable, shall receive notice of removal and storage as
provided in section 82-203 and may regain possession of the newsrack pursuant to section 82-204.
If a newsrack removed and stored pursuant to this section is not claimed within 90 days of the date
of storage, the dileetel ef l'ttblie v,'erb City Manager or City Manager's designee may request a
hearing pursuant to section 82-207 for the purpose of demonstrating that the newsrack was
abandoned on public property. Upon determination by the special master or a court upon judicial
review, if any, that the newsrack has been abandoned on public property, the l'ttblie l\"51b City
Manager or City Manager's designee may dispose of the newsrack as provided in F.S. 9705.103.
SECTION 6. That Section 82-207 entitled "Hearings" of Chapter 82 of the Miami Beach City Code
is hereby amended to read as follows:
Sec. 82-207. Hearings.
(a) Request for hearings. Any publisher may file a written request with the pttblie ..elks City
Manager or City Manager's designee for a hearing for the purpose of demonstrating that a
newsrack should not have been removed or stored, or that a violation as specified on the tag
attached to a newsrack pursuant to section 82-201 has not occurred.
(b) Notice of hearing. Upon receipt of a request for hearing, the l'ttblie ..51kJ City Manager or
City Manager's designee shall set the cause for hearing at the next scheduled hearing ofthe
special master and shall send notice to the publisher by certified mail of the date, time and
place of the hearing. The hearing shall occur no later than 45 working days from the date on
which the l'tlblie ,;'tIlks Citv Manager or City Manager's designee receives the request for
hearing.
(c) Conduct of hearing. At the time set for such hearing, the special master shall receive all
evidence relevant to the occurrence or nonoccurrence of the specified violation, compliance
or noncompliance with any of the provisions of this division, and other relevant information.
Such hearing need not be conducted according to fonnal rules of evidence, but fundamen1a1
due process shall be observed. The publisher of the newsrack in question shall be afforded
the opportunity to:
(1) Present testimony and evidence on his behalf;
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(2) Cross examine witnesses; and
(3) Be represented by counsel at his own expense.
All testimony shall be under oath and recorded.
(d) Decision after hearing. At the conclusion of the hearing, the special master shall determine,
from the facts adduced at the hearing, whether the newsrack should have been tagged and/or
stored, and whether the publisher of the newsrack shall be required to pay the removal,
storage and inspection fees as specified in section 82-204 and appendix A. The decision of
the special master shall be in writing and shall contain findings of fact, a determination of
the issues presented, and an order specifying whether the removal and storage fee and
inspection fee are to be imposed.
(e) Notice of decision. The department shall promptly send to the publisher, by first class mail,
a copy ofthe special master's decision and order.
SECTION 7. That Section 82-208 entitled "Appellate procedure after hearings" of Chapter 82 of
the Miami Beach City Code is hereby amended to read as follows:
Sec. 82-208. Appellate procedure after hearings.
The publisher and the ptiblie ,,'<Ilks Citv Manager or City Manager's designee may seek such
judicial review of the order of the special master as is provided by law.
SECTION 8. That Section 82-209 entitled "Authority of the ptiblie ",Ilks City Manager or City
Manager's desiJ?nee to promulgate rules and regulations" of Chapter 82 of the Miami
Beach City Code is hereby amended to read as follows:
Sec. 82-209. Authority of the l'u.blil: l\orks City Manager or City Manager's designee to
promulgate rules and regulations.
The l'tlblie ,,'llks Citv Manager or City Manaller's desi~nee may promulgate rules and
regulations, not inconsistent with the provisions of this division, which it deems necessary to
properly exercise its duties. These rules shall be put into effect only upon approval by the city
commission. All such rules and regulations shall be kept posted in the office of the ptiblie ,,'elrkJ City
Manager or City Manager's desi\!nee, and a copy thereof shall be furnished to any publisher upon
request.
5
Subdivision III. Registration
SECTION 9. That Section 82-231 entitled "Fee, letter of compliance required" of Chapter 82 of
the Miami Beach City Code is hereby amended to read as follows:
Sec. 82-231. Fee, letter of compliance required.
a) Any publisher who installs or maintains a newsrack that in whole or in part rests upon, in or
over any dedicated sidewalk or parkway within the city shall register the newsrack with the
1'1:lblie "mb City Manager or City Manager's designee prior to the installation of the
newsrack.
(b) At the time of registration each publisher shall file the following with the l"ttblie '" 6rkS ~
Manager or City Manager's designee:
(1) A completed application form and hold harmless agreement te-be; as provided by the
l"tlblie '{5rkS City Manager or City Manal!er's designee, stating the publisher's name,
address, phone number, fax phone number, newsrack distribution manager's name,
requested location of the newsrack, dimensional drawing (sketch) oflocation, and
type of newsrack requested to be installed, maintained or operated in the city by the
publisher identifying, when possible, each particular newsrack by serial number or
other appropriate means;
(2) A letter of compliance from the publisher certifying that the publisher's newsracks
and their locations conform to the provisions of this division; and
(3) The following fees:
a. A one-time permit fee of $50.00 shall be required for each newspaper
publisher to defray costs of administering this division.
b. An additional non-recurring fee of$15.00 per newsrack is to be paid by the
publisher at the time of the initial registration of that particular newsrack to
defray costs of inspection of the newsrack.
c. A change in location of any newsrack during the annual registration period
may be made so long as the publisher obtains prior approval of the new
location from the l"oolic; ,.,6rkS City Manager or City Manager's designee and
the change does not result in a violation of this division; there shall be a
$25.00 reinspection fee per newsrack for any location change. Forms for
registering a change in location of any newsrack shall be furnished upon the
publisher's request by the l"ttblk ,',mks City Manager or City Manager's
designee.
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Subdivision IV. Regulations
SECTION 10. That Section 82-257 entitled "Placement of news racks" of Chapter 82 ofthe Miami
Beach City Code is hereby amended to read as follows:
Sec. 82-257. Placement of news racks.
(a) All newsracks placed, maintained or operated within a public right-of-way in the city shall
conform with the standards specified in subsections (b ).-( e) ofthis section.
(b) Newsracks shall only be situated at the rear of a sidewalk, near a curb, adjacent to the wall
of a building, or at another location approved by the public '/.llrkS City Manager or City
Manager's designee. Ifa newsrack is placed near a curb, the back of the newsrack shall be
situated so as not to constitute a hazard to either pedestrians or vehicles traveling the road
or parking alongside of the sidewalk. If the newsrack is placed adjacent to the wall of a
building, the back of the newsrack shall be situated parallel to and as close as possible to the
wall.
(c) No person shall install, use or maintain any newsrack:
(1) Within five feet of any marked or unmarked crosswalk;
(2) Within five feet of any curb return;
(3) Within ten feet of any fire hydrant, fire call box or other emergency facility;
(4) Within three feet of any bus bench;
(5) Within ten feet of any advertisement panel located on a transit shelter, except that
newsracks may be located within transit shelters with the approval of the public
works department;
(6) Within three feet of utility, traffic, or street light poles, mailboxes, parking meters,
or other objects legally permitted;
(7) Within five feet of any area improved with lawn, flowers, shrubs or trees within the
public rights-of-way;
(8) Within four feet of any driveway; or
(9) Where placement unreasonably interferes with or impedes the flow of vehicular or
pedestrian traffic, but in no event at any location where the clear space for the
passageway of pedestrians is reduced thereby to less than three feet.
(d) No more than eight feet of news racks may be placed at anyone location; these newsracks
may be placed immediately adjacent to each other in a horizontal line or in another
configuration that does not violate any other provision of this chapter. Individual newsracks
or newsrack groups placed at locations other than comers shall be located midblock and at
least 60 feet from comers.
(e) Notwithstanding the provisions of subsections (b )--( d) of this section, if the limitations on
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newsracks impairs the ability of a publisher to distribute a publication through newsracks to
members of the public who desire to receive that publication at a particular location, and
there is no alternate location available for a newsrack under this division reasonably
accessible to the members ofthe public, the ptlblie .tarb City Manager or City Manager's
designee shall, where the public safety will not be impaired, permit that publisher to place
newsracks at that location.
(f) Where a newsrack installed prior to the effective date of this division does not comply with
one or more of the requirements of this section, and where the publisher responsible for that
newsrack wants to retain the newsrack in the same location, the publisher may request
permission to retain that location from the directBf elf ptiblic work~ City Mana~er or City
Manager's designee. The director shall grant the publisher's request ifretaining the location
in question is consistent with the purpose and intent ofthis division and does not present a
danger to persons or property. Any publisher aggrieved by the decision of the direc:t6I elf
public: 'n6rb City Manager or Citv Manager's designee may appeal the decision to the
special master.
(g) Notwithstanding any other section ofthis division, no publisher shall install, use or maintain
any newsrack where its placement endangers the safety of persons or property.
SECTION 11. INCLUSION IN CITY CODE.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
Ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that
the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and
that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 12. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 13. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
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