CODE OF ORDINANCES CITY OF HIALEAH, FLORIDA

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Published by Order of the City Council

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Adopted: June 27, 2000

Effective: July 6, 2000

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>

CURRENT OFFICIALS

of the

CITY OF

HIALEAH, FLORIDA

Carlos Hernandez

Mayor

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Luis González

City Council President

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Katharine Cue-Fuente

City Council Vice President

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Jose F. Caragol

Vivian Casáls-Muñoz

Isis Garcia-Martinez

Paul B. Hernandez

Lourdes Lozano

City Councilmembers

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Lorena Bravo

City Attorney

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Marbelys Fatjo

City Clerk

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Carmen Hernandez

Deputy City Clerk

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of Hialeah, Florida.

Source materials used in the preparation of the Code were the 1960 Code, as supplemented through June 23, 1998, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1960 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
LAND DEVELOPMENT CODE	LDC:1
CODE COMPARATIVE TABLES	CCT:1
LAND DEVELOPMENT CODE COMPARATIVE TABLE	LDCCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1
LAND DEVELOPMENT CODE INDEX	LDCi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Code Attorney, and Jody Wilson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Daniel F. DeLoach, City Clerk, William M. Grodnick, City Attorney, and members of the city staff for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ORDINANCE NO. 2000-59

ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF HIALEAH, FLORIDA PROVIDING FOR REORGANIZATION, RENUMBERING, AND GRAMMATICAL AND STYLISTIC CHANGES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR THE MANNER OF AMENDING THE CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

Whereas, the City of Hialeah, for the purpose of consistency and clarity, engaged the services of the Municipal Code Corporation to work in conjunction with the Law Department to reorganize, reformat, renumber and change the Code of Ordinances; and

Whereas, after approximately 18 months of work, the project was successfully completed; and

Whereas, the revised provisions of the Retirement Code were further submitted for review to the Board of Trustees of the Retirement System.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT:

Section 1.  The Mayor and the City Council of the City of Hialeah, Florida hereby adopt the Code entitled "Code of Ordinances, City of Hialeah, Florida" to be published by the Municipal Code Corporation, consisting of chapters 1 through 98, inclusive, reorganizing, reformatting, renumbering, and providing stylistic and grammatical changes and corrections to the 1960 Code edited by the Municipal Code Corporation.

Section 2.  The Code adopted herein contains ordinances of a general and permanent nature enacted on or before March 28, 2000, and all other ordinances in effect in the city not included in the Code are recognized and continued in force.

Section 3.  Repeal of Ordinances in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.

Section 4.  Penalties. 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 civil penalty not to exceed $500.00 within the discretion of the court or administrative tribunal having jurisdiction. 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 nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits.

Section 5.  Additions or amendments to the Code when passed in such form as to indicated 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 March 28, 2000 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, unless otherwise indicated.

Section 7.  Severability Clause. If any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the judgment or decree of a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance.

Section 8.  Effective Date. This ordinance shall become effective upon one of the following events: (1) 10 days after the date of adoption of passage by the city council if signed by the mayor; (2) Signature of the mayor, if signed more than 10 days after the date of adoption but before the next regularly scheduled city council meeting; (3) At the next regularly scheduled city council meeting if the mayor's signature is withheld; and (4) At the next regularly scheduled city council meeting if the city council overrides the mayor's veto.

PASSED AND ADOPTED this 27th day of June, 2000.

	_____ Alex Morales Council President
Attest:	Approved on this 6th day of July, 2000.
_____ Daniel F. DeLoach, City Clerk	_____ Mayor Raul L. Martinez
Approved as to legal sufficiency and as to form:
_____ William M. Grodnick, City Attorney

 

ORDINANCE was adopted by a unanimous vote with Councilmembers Bovo, Garcia, Gonzalez, Morales, Ponce, Robaina, and Yedra voting "Yes".