M E M O R A N D U M
To: Honorable Mayor and Town Council
From: Mitchell A. Bierman, Member
Date: September 21, 2016
Re: Adoption of Town Code of Ordinances (First Reading)
REQUEST
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AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE TOWN OF CUTLER BAY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
The Town has adopted numerous ordinances since its incorporation including a comprehensive set of Land Development Regulations. To this point, those ordinances have survived and been implemented as individual ordinances without a cohesive structure. Over the past two years the Town Attorneys, Municode Attorneys and editors and Town staff have worked to format, edit, organize and codify the Town's adopted Ordinances into a single Town Code document. Chapter 1 of the Code provides general provisions which are standard with the adoption of a comprehensive code. The remainder of the Code consists of the consolidated ordinances previously adopted by the Town. Upon adoption, this Code will be available online on Municode.com, with full search, copy, and print functions. Through the process several key changes occurred focused around resolving conflicts, duplication, streamlining and eliminating conflicts with State law created when the State legislature adopted new legislation impacting ordinances the Town already had adopted.
Several notable changes have occurred which have been outlined below.
* Changes were made to address State preemptions.
o First, references to firearm regulations have been removed from the Park rules. State legislation preempts all firearm regulation to the State. More significantly, in 2011, the State legislature imposed major penalties1 not just on enforcing municipalities, but also on the indivi...
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