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Home My WebLink About2005-3488 Ordinance ORDINANCE NO. 2005-3488 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ARTICLE V, DIVISION 1, SECTION 82-438 OF THE CITY CODE, ENTITLED "PROHIBITING WHEELED CONVEYANCES ON BEACHFRONT PROMENADE BOARDWALK EXCEPT THOSE REQUIRED BY THE HANDICAPPED," TO PROVIDE FOR CERTAIN EXCEPTIONS TO THE PROHIBITION OF WHEELED CONVEYANCES ON THE BOARDWALK; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach finds the Boardwalk area is a pedestrian walkway used by residents and tourists alike and are considered primary access routes for beach goers and tourists, and in order to prevent the commission of crime and facilitate public safety, access by wheeled conveyances must be limited. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 82, Article V, Division 1, Section 82-438 of the Code of the City of Miami Beach entitled "Prohibiting wheeled conveyances on Beachfront Promenade Boardwalk except those required by handicapped" be amended to read: Sec. 82-438. Prohibiting wheeled conveyances on Beachfront Promenade Boardwalki Exceptions. exeept those required by handieapped. Uti It shall be unlawful for any person to operate any wheeled conveyance except those required by handicapped, in, on or upon any portion of the Beachfront Promenade Boardwalk lying east of Collins Avenue and between 21 st Street and 46th Street.:. ilil This section shall not apply to: wheeled conveyances required by the disabled; strollers; or wheeled conveyances required by fire. police. ocean rescue or other city employees or agents as may be authorized by the city manager. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, subsection or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. ~ SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, 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. EFFECTIVE DATE This ordinance shall take effect on the 18th day of June , 2005. PASSED AND ADOPTED this 8th day of June ATTEst: ~S~, CITY CLERK . Robert Parcher ~ ..;. YOR David Dermer APPR VED AS TO FORM & LANGUAGE & ~~~ :X:CK~I~:: ~S-""05' City Attomey~ Date F:\atto\DATR\Resos and Ordinances\Chapter 82\82-438 may to 2005 ordinance ,doc CITY OF MiAMI ,BEACH COMMISSION ITEM SUMMARY m Condensed Title: An Ordinance amending Chapter 82, Article V, Division 1, Section 82-438 of the City Code, entitled "Prohibiting Wheeled Conveyances on Beachfront Promenade Boardwalk except those Required by the Handica ed," to rovide for certain exce tions to the rohibition of wheeled conve ances on the Issue: Shall the City Commission provide for certain exceptions to the prohibition of wheeled conveyances on the boardwalk? Item Summa IRecommendation: The Beachfront Promenade Boardwalk is a pedestrian walkway used by residents and tourists and is considered a primary access route for beach goers. Recently, the City has intensified its patrol and enforcement efforts on the Boardwalk, including contracting with a private security service for additional visibility and security on the Boardwalk. In order to increase the effectiveness of Police and security patrols on the Boardwalk, the City's Police Department and the private security service wish to be permitted to utilize bicycles and other wheeled conveyances on the Boardwalk. To facilitate public safety, access must be limited to: pedestrians, wheeled conveyances or vehicles required by the disabled, strollers, Fire, Police, Beach Patrol or maintenance vehicles operated by or for the City; or, such other wheeled conveyances or vehicles authorized by the City Manager. In order to clarify that certain exceptions exist to the prohibition of wheeled conveyances on the Boardwalk, it is recommended that the exception be codified. In an effort to ensure public safety along the Beachfront Promenade Boardwalk east of Collins Avenue, between 21st Street and 46th Street the Administration recommends ado tin the ordinance. Advisory Board Recommendation: I N/A Financial Information: Finance Dept. Source of Funds: D Ci Clerk's Office Le islative Trackin Michael Gruen, Police Department AGENDA ITEM DATE RSD (o-~ -oS- , . CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www,miamibeachfl,gov COMMISSION MEMORANDUM From: Mayor David Dermer and Date: June 8, 2005 Members of the City Commission Jorge M. Gonzalez J r;-'<' / SECOND READING City Manager (; PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ARTICLE V, DIVISION 1, SECTION 82-438 OF THE CITY CODE, ENTITLED "PROHIBITING WHEELED CONVEYANCES ON BEACHFRONT PROMENADE BOARDWALK EXCEPT THOSE REQUIRED BY THE HANDICAPPED," TO PROVIDE FOR CERTAIN EXCEPTIONS TO THE PROHIBITION OF WHEELED CONVEYANCES ON THE BOARDWALK; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. To: Subject: ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS In an effort to ensure public safety along the Beachfront Promenade Boardwalk ("Boardwalk") east of Collins Avenue, between 21 st Street and 46th Street the above proposed ordinance should be enacted. The Boardwalk area is a pedestrian walkway used by residents and tourists alike and is considered a primary access route for beach goers. Recently, the City has intensified its patrol and enforcement efforts on the Boardwalk, including contracting with a private security service for additional visibility and security on the Boardwalk. In order to increase the effectiveness of these efforts, the City's Police Department and the private security service wish to be permitted to utilize bicycles and other wheeled conveyances on the Boardwalk. In order to clarify that certain exceptions exist to the prohibition of wheeled conveyances on the Boardwalk, it is recommended that the exception be codified. In order to prevent the commission of crime and facilitate public safety, access must be limited to: pedestrians, wheeled conveyances or vehicles required by the disabled, strollers, Fire, Police, Beach Patrol or maintenance vehicles operated by or for the City; or, such other wheeled conveyances or vehicles as may be authorized by the City Manager. CONCLUSION The Administration recommends adopting the ordinance on this Second Reading Public Hearing. T:\AGENDA\2005\Jun0805\ReguJar\Boardwalk memo,doc '''':'''''':"'' ""T:!" 10 U1 o o N '"' N >- <l: L >' <l: o U1 ex ::J I >-- Isn't it time JOU subscribedil ~hc .miami litmlb ~ttf ~b 004586 o -' <l: ex w I W I >-- ro E o u TI <ti Q; .c ~ ~ ~ - CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that pUblic hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Orive, Miami Beach, Florida, on Wednesday, June 8, 2005, to consider the following: 10:15A.M . . An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "MiscellaneouS Offenses," To Create Article VI, To Be Entitled "Sexual Offenders And Sexual Predators" And Creating Sections 70-400, Entitled "Findings And Intent," 70-401, Entitled "Definitions," 70-402, Entitled "Sexual Offender And Sexual Predator Residence Prohibition; Penalties; Exceptions," Providing For A Prohibition For Sexual Offenders And Sexual Predators Convicted Of Crimes Under Certain Florida Statutes From Living Within 2500 Feet Of Specified Locations Within The City Of Miami Beach And Creating Section 70-403, Entitled "Property Owners Prohibited From Renting Real Property To Certain Sexual Offenders And Sexual Predators; Penalties," Prohibiting Owners Of Real Property From Renting Or Leasing Any Place, Structure, Or Part Thereof, Trailer Or Other Conveyance Located Within 2500 Feet Of Specified Locations. _ . Inquiries may be directed to the City Attorney's Office at (305) 673-7470. 10:30AM. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Thereof Entitled "Campaign Finance Reform" By Amending Code Sections 2-487 "Prohibited Campaign Contributions By Vendors", 2-488 "Prohibited Campaign Contributions By Lobbyists On Procurement Issues" , 2-489 . "Prohibited Campaign Contributions By Real Estate Developers", And 2-490 "PrOhibited Campaign - Contributions By Lobbyists On Real Estate Development Issues", By Adding Language Providing That The 12 Month Period In Which A Prohibited Donor Of A Campaign Contribution Is Disqualified From Certain Specified Associations With. The City Shall Commence Upon A Final Finding Of Violation, Or If Applicable, Upon Miami Beach City Commission Action On A Waiver Request, And Establishing Effects Of Waiver; Further Amending Code Section 2-487(B), Inquiries may be directed to the City Attorney's Office at (305) 673-7470, 10:35A.M. An Ordinance Amending Ordinance No. 92-2813, The Defined Contribution Retirement Plan 401 (A), By Amending The Provisions Of Section 1, Article 5, Subsection 5.03 To Increase The Maximum Monthly Retirement Disability Benefit To Reflect Annual Cost Of Living Increases. Inquiries may be directed to the Human Resources Department at (305) 673-7520 10:40 A.M. An Ordinance Amending Chapter 82, Article V, Division 1, Section 82-438 Of The City Code, Entitled "Prohibiting Wheeled Conveyances On Beachfront Promenade Boardwalk Except Those Required By The Handicapped," To Provide For Certain Exceptions To The Prohibition Of Wheeled Conveyances On The Boardwalk. Inquiries may be directed to the Police Department at (305) 673-7925 INTERESTED PARTIES are invited to appear at this meeting, or be represented by an ~ent, or to express their views in writing addressed to the City Commission, clo the City Clerk, 170 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of.these ordinance are available for public inspection during normal business hours in the City Clerk's Office, 1700 Co ention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continu and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk . City of Miami Beach / Pursuant to Section 286.0105. Fla. Stat., the City hereby advises the public that: if sparson decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irreievant evidence. nor does it authorize challenges or appeals not otherwise allowed by law. 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