2009-06ORDINANCE N0.2009-06
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ARTICLE II, "USE OF RIGHT-OF-WAY, PARKING,
OTHER REGULATIONS" OF CHAPTER 48 "VEHICLES, USE OF
RIGHT-OF-WAY, PARKING AND OTHER REGULATIONS" OF THE
CITY CODE OF THE CITY OF AVENTURA BY AMENDING SECTION
48-20, "PROHIBITION OF RIGHT-OF-WAY VENDORS AND
SOLICITORS ON CERTAIN ROADS", EXPANDING THE
PROHIBITION TO INCLUDE CERTAIN ADDITIONAL ROADS IN
ORDER TO FURTHER PROTECT THE SAFETY OF MOTORISTS,
PEDESTRIANS, AND ROADSIDE VENDORS AND SOLICITORS;
PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to further protect the safety of all City
motorists and pedestrians as well as all roadside vendors and solicitors within the City; and
WHEREAS, the City Commission recognizes the inherent danger to both pedestrians
and motorists created by the presence of roadside vendors and solicitors in certain congested
rights-of--way located within the City; and
WHEREAS, increased traffic flow within the City has resulted in a greater number of
congested roads, which necessitates the inclusion of additional roads within the prohibitions set
forth in Section 48-20 (c) (1) of the City Code ;and
WHEREAS, the City Commission desires to amend Section 48-20 of the City Code to
include certain additional rights-of--way among those on which vendors and solicitors are
prohibited from operating in order to ensure safe pedestrian movement and normal vehicular
traffic flow and to serve the purposes which are comprehensively described in City Code Section
48-20.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:'
Section 1. Recitals Adopted. That each of the above-stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. That Section 48-20, "Prohibition of right-of--way
vendors and solicitors on certain roads", of Article II, "Use of right-of--way, parking, other
' Additions to existing city code text are shown by underline; deletions from existing city code
text are shown by strilc~e~gk.
Ordinance No. 2009-06
Page 2
regulations", of Chapter 48, "Vehicles, use of right-of--way, parking and other regulations" of the
City Code, is hereby amended by amending paragraph (c) "Prohibition" of Section 48-20, to read
as follows:
Sec. 48-20. Prohibition of right-of--way vendors and solicitors on certain roads.
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(c) Prohibition.
(1) It is a violation of this section for any person to act as aright-of--way vendor or
solicitor in, at or upon Biscayne Boulevard, Ives Dairy Road, Miami Gardens Drive,
Country Club Drive, William Lehman Causeway, Aventura Boulevard, Northeast 29th
Avenue Northeast 31st Avenue between the roads known as Northeast 185th Street and
Northeast 183rd Street Northeast 188th Street, Northeast 207th Street, and Northeast 213
Street. (including the swales and medians abutting such roads).
(2) No person shall act as aright-of--way vendor or solicitor in, at or upon any of the
roads described in subsection (1) above, including the swales and medians abutting such
roads.
Section 3. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Ordinance No. 2009-06
Page 3
Section 4. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond absent
Commissioner Teri Holzberg yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Billy Joel yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption
on second reading. This motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
Ordinance No. 2009-.(~p
Page 4
PASSED on first reading this 3`d day of March, 2009.
PASSED AND ADOPTED on second reading this 14th day of April, 2009.
AN GOTTLI B, MAYOR
APPROVED AS TO LEGAL SUFFICIENC
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CITY ATTORNEY