Miami-Dade Legislative Item
File Number: 061535
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File Number: 061535 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: ORD. AMD CH. 8 REGARDING LOOSE OBJECTS IN SEVERE WEATHER Introduced: 5/16/2006
Requester: NONE Cost: Final Action:
Agenda Date: 9/12/2006 Agenda Item Number: 7A
Notes: SEE 062622 FOR FINAL VERSION AS ADOPTED. [requires 6-wk p.h. and 4-wk muni notification] Title: ORDINANCE AMENDING CHAPTER 8B AND 8CC OF THE CODE TO INCLUDE REQUIREMENT THAT LOOSE OBJECTS IN OUTDOOR LOCATIONS BE SECURED WHEN A SEVERE WEATHER ADVISORY IS ISSUED TO PREVENT SUCH OBJECTS FROM BECOMING PROJECTILES DURING A SEVERE WEATHER EVENT; ESTABLISHING PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: HURRICANE
Sponsors: Sally A. Heyman, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/12/2006 7A Amended
REPORT: See Agenda Item No. 7A Amended, Legislative No. 062622.

Infrastructure and Land Use Committee 7/11/2006 3B Forwarded to BCC without a recommendation P
REPORT: Chairwoman Seijas opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. The public hearing was closed after no one appeared. Commissioner Diaz questioned who would enforce this requirement and whether the County would inform municipalities of how they would be affected. He suggested this proposed ordinance be forwarded without a recommendation and with Committee amendment(s) to require residents and businesses to store loose objects during a tropical storm warning, in lieu of a “severe weather advisory.” In response to Chairwoman Seijas’ inquiry regarding the seven-week notification rule for municipalities, Mr. Carlton noted that following a conversation with Mr. Joe Rasco, Director, Intergovernmental Affairs, it was his understanding that it would be addressed by the League of Cities. Chairwoman Seijas noted the League of Cities met only once a month and additional information was needed regarding the intent of this ordinance. She asked Assistant County Manager Carlton to prepare a report responding to questions raised regarding the seven week notification rule for municipalities and the possibility of amending this ordinance to require residents and businesses to store loose objects during a “tropical storm warning” in lieu of a “severe weather advisory,” as proposed by Commissioner Diaz.

County Manager 5/24/2006 Municipalities notified of public hearing Infrastructure and Land Use Committee 7/11/2006 5/23/2006

Board of County Commissioners 5/23/2006 Scheduled for a public hearing Infrastructure and Land Use Committee 7/11/2006

Board of County Commissioners 5/23/2006 4P Adopted on first reading 7/11/2006 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on July 11, 2006 at 9:30 a.m.

County Attorney 5/16/2006 Referred Community Outreach, Safety & Healthcare Admin Cmte 7/12/2006

County Attorney 5/16/2006 Assigned Eric A. Rodriguez 5/16/2006

Legislative Text


TITLE
ORDINANCE AMENDING CHAPTER 8B AND 8CC OF THE CODE TO INCLUDE REQUIREMENT THAT LOOSE OBJECTS IN OUTDOOR LOCATIONS BE SECURED WHEN A SEVERE WEATHER ADVISORY IS ISSUED TO PREVENT SUCH OBJECTS FROM BECOMING PROJECTILES DURING A SEVERE WEATHER EVENT; ESTABLISHING PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, enacting measures that require residents and businesses to store or brace loose objects to prevent such objects from becoming dangerous projectiles during a severe weather event is essential to the safety of our community in the event emergency conditions are created by the recently experienced more active hurricane seasons; and
WHEREAS, public safety is jeopardized when businesses and residents fail or delay in securing loose objects well in advance of a severe weather event; and
WHEREAS, the requirement to secure loose objects in exposed outdoor locations already exists in the Building Code at Section 8-16 of the County Code; and
WHEREAS, a proposed amendment to the Building Code removes the requirement of securing loose items other than in construction sites; and
WHEREAS, the proposed amendment herein seeks in substance to retain and clarify the requirement to secure loose objects in outdoor locations other than construction sites that has existed in Section 8-16 of the County Code and merely relocates that requirement to Chapter 8B governing emergency management; and
WHEREAS, retaining the requirement that loose objects be secured well in advance of a severe weather event serves important emergency preparedness objectives,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Chapter 8B of the Code of Miami-Dade County is hereby amended by the addition of the following new section:

CHAPTER 8B - EMERGENCY MANAGEMENT

* * *

>>Sec. 8B-18 Requirement To Secure Loose Materials

(1) Definitions:

(A) Severe weather advisory: a tropical storm warning, hurricane watch or hurricane warning.

(B) Severe weather event: a tropical storm or hurricane.

(C) Loose Object: any object contained in any outdoor location of any residential, commercial, and industrial property in incorporated and unincorporated Miami-Dade County that may become windborne during a severe weather event including but not limited to outdoor furniture such as chairs and tables, display racks, bicycles, toys, loose debris, gardening supplies, household items, and business or industrial supplies or materials. Loose objects that are covered by the requirements of County Code Section 8-16 relating to Building Code requirements for maintenance of construction sites shall not be governed by this Section and will be governed by Section 8-16 of the County Code.

(2) Requirement To Secure Loose Objects When Severe Weather
Advisory Is Issued

When a severe weather advisory is issued for Miami-Dade County, or any portion thereof, any loose object as defined herein shall be secured by either: (a)storage of such loose object in a building or structure or (b) bracing, bundling or fastening such loose object to a fixed structure or otherwise in a manner sufficient to prevent such loose object from becoming windborne during a severe weather event or in such manner determined by the County or municipal official charged with enforcing this requirement that will prevent such loose object from being windborne during a severe weather event.

(3) Enforcement; Penalties
(A) Failure to abide by the provisions of this Section shall be punishable by civil fine in the manner established by Chapter 8CC of this Code, with each day of violation constituting a separate offense. The provisions of this Chapter shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the County’s police power, and through any other means available at law.

(B) This Section shall preempt and supersede any inconsistent municipal ordinance to the same effect.

(C) Nothing in this Section shall be interpreted to curtail, impede or otherwise affect the discretionary authority of the County in the exercise of its police power, administrative or regulatory functions.<<

Section 2. Chapter 8CC of the Code of Miami Dade County is hereby amended as follows:1
Chapter 8CC
CODE ENFORCEMENT
* * *
Sec. 8CC-10. Schedule of civil penalties.
* * *
Code Section Description of Violation Civil Penalty
>>8B-18 Failure to Secure Loose Objects
When Severe Weather Advisory
Is Issued $500.00<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word “ordinance” may be changed to “section”, “article”, or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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