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Home My WebLink About2005-3479 Ordinance ORDINANCE NO.: 2005-3479 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 74, ARTICLE III THEREOF ENTITLED "PEDDLERS AND SOLICITORS", SECTION 74-76 THROUGH AND INCLUDING SECTION 74-79, BY DELETING CERTAIN DEFINITIONS; CLARIFYING APPLICABILITY OF ARTICLE; DELETING CERTAIN LOCATIONS WHERE PANHANDLING IS PROHIBITED; AND MODIFYING THE DISTANCE FROM CERTAIN USES WITHIN WHICH PANHANDLING IS PROHIBITED; PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 74, Article III thereof entitled "Panhandling on Public Property", section 74-76 through and including section 74-79 is hereby amended to read as follows: ARTICLE III. PANHANDLING ON PUBLIC PROPERTY Sec. 74-76. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section; Collins A'.'cnuc means the area bounded on the south by Fifth Street and bounded on the north by Tenth Street. Foodstore selling alcoholic beverages means any food or convenience store which has a license for package sales of alcoholic beverages from the state division of beverages and tobacco in the classification of l-APS, 2-APS or PS. Lincoln Road means the area bounded on the \vest by Alton Road and bounded on the east by Collins A'Ienue. Ocean Dri'.'c means the area bounded on the south by First Street and bounded on the north by Fifteenth Street, including the strip of beach area extending from First Street to Fifteenth Street. Outdoor cafe or outdoor restaurant means a use characterized by outdoor table service of food or beverages prepared for service in an adjacent or attached main structure for consumption on the premises. The term also includes outdoor bars and outdoor ice cream parlors. Package store means a store primarily engaged in the business of selling alcoholic beverages for off-premises consumption that has a license for package sales of alcoholic beverages from the state division of beverages and tobacco in the classification of l-APS, 2-APS or PS. Panhandling means begging, asking or soliciting in person for an immediate donation of money or other thing of value for charity or personal gain, either by words, bodily gestures, signs or other means indicating one is seeking an immediate donation or other thing of value. Person means any individual, school, party, church, religious or other association, organization, trust, foundation, group, association, partnership, corporation, society or other entity. Sidewalk cafe means a use located on a public sidewalk which is associated with a full service restaurant where food and beverages are prepared, served and sold and are delivered for consumption on the sidewalk. It is characterized by tables and chairs and may be shaded by awnings, canopies, or umbrellas if permits are obtained for such awnings, canopies or umbrellas. It shall also include the public right-of-way_ connecting the main restaurant to the sidewalk cafe. Solicitations means all direct person-to-person requests for immediate contributions in the form of money or other thing of value, for any religious, political, associational, educational, benevolent, health-related, humane, philanthropic, patriotic, or eleemosynary function, event, organization or purpose, or for any charitable cause. The term also includes panhandling or begging. Washington A'Icnuc means the area bounded on the south by Fifth Street and bounded on the north by Seventeenth Street. Sec. 74-77. Applicability of article. This section does not affect the city's eXIstmg regulations regarding charitable solicitations; non profit vending or distribution, street performances or art vending or, the prohibition against aggressive or obstructive panhandling. 2 }o Sec. 74-78. Panhandling/Solicitation Prohibited on Public Property. Notwithstanding the city's regulations regarding charitable solicitations, it shall be unlawful for any person to panhandle or solicit on public property in the following areas: (1) Lincoln Road; (2) Ocean Drive; (3) \Vashington }..venue; (4) Collins }..venue; ~ ill Within ten (10) twenty (20) feet in any direction from the outside perimeter. as indicated in the site plan attached to the city issued permit. of any outdoor cafe, outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate consumption, unless expressly authorized by the O'Nner, manager or supervisor of the establishment; (6) ill'llithin ten (10) twCflty (20) feet in any direction from the outside perimeter of areas '''/here fiye or more persons arc waiting to gain admission to a place, establishment or public gathering including but not limited to, bar, convention center, concert hall, gallery, motion picture house, public eyCflt or performance, nightcl1:1b, restaurant, theater; ~ Qt Within ten (10) twenty (20) feet in any direction from any entranceway into or exit from any food store selling alcoholic beverages or package store. Sec. 74-79 Penalties. Any Person who is observed violating the provisions of Section 74-78 shall be subject to the penalties provided for in Section 1-14 of the Code. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause, 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 a part of the 3 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 ...26.t.h..- day of March ,2005. PASSED AND ADOPTED this 16th day of March ~q YOR ,2005. ~- ATTEST: <<~il/ ~ U ' c RO~~'! r~~,~1fef ;/('; (rv David Dermer APPROVED AS 10 FORM & LANGUAGE & FOR EXECunON ~~~ G/tcJcS City ~ Date (Requested by Vice-Mayor Richard L. Steinberg) F:\atto\SACS\ORDINANC\02-15-05Panhandling Ordinance,doc 4 MURRAY H. nUBBIN City Attorney TO: FROM: SUBJECT: OFFICE OF THE CITY ATTORNEY ~ tfJlUom; 1Jmm F L o R o A Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: MARCH 16, 2005 MAYOR DAVID DERMER AND MEMBERS OF THE CITY COMMISSION MURRAY H. DUBBIN - "',~ SECOND READING CITY AITORNEY ~ Wur AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 74, ARTICLE III THEREOF ENTITLED "PEDDLERS AND SOLICITORS", SECTION 74-76 THROUGH AND INCLUDING SECTION 74- 79, BY DELETING CERTAIN DEFINITIONS; CLARIFYING APPLICABILITY OF ARTICLE; DELETING CERTAIN LOCATIONS WHERE PANHANDLING IS PROHffiITED; AND MODIFYING THE DISTANCE FROM CERTAIN USES WITHIN WHICH PANHANDLING IS PROHffiITED PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. These proposed amendments to Article III of Chapter 74 of the Miami Beach Code regarding "Panhandling on Public Property Ordinance" are based upon the following circumstances: On March 7, 2004, a street performer was arrested under the Panhandling on Public Property Ordinance. The constitutionality of the Street Performer and Art Vendor Ordinance is currently under review in the Third District Court of Appeal; hence, street performers are currently being prosecuted under the Panhandling on Public Property Ordinance. The American Civil Liberties Union filed a Motion to Dismiss the action against the street performer and intends to challenge as a whole the constitutionality of the Panhandling on Public Property Ordinance. The City is confident in its ability to defend the Panhandling on Public Property Ordinance, but the proposed amendment will significantly enhance the opportunity for success. The City of Miami Beach Neighborhood/Community Affairs Committee discussed the Panhandling Ordinance at its meeting of January 26, 2005. The Committee adopted a motion to recommend to the City Commission that City Code Section 74-78 of the Panhandling Ordinance, which regulates the areas where panhandling is prohibited, be amended to exclude the four streets Agenda Item 1700 Convention Center Drive -- Fourth Floor -- Miami Beac Date ,R~c 3 -/6 -cJ~ Memorandum to: Mayor David Dermer and . Members Of The City Commission March 16, 2005 Page 2 listed, namely Lincoln Road, Ocean Drive, Washington Avenue and Collins Avenue-- this would leave intact the remaining location restrictions or panhandling, namely: . Within ten feet in any direction from the outside perimeter of any outdoor cafe, outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate consumption, unless expressly authorized by the owner, manager or supervisor of the establishment; . Within ten feet in any direction from the outside perimeter of areas where five or more persons are waiting to gain admission to a place, establishment or public gathering including but not limited to, bar, convention center, concert hall, gallery, motion picture house, public event or performance, nightclub, restaurant, theater; . Within ten feet in any direction from any entranceway into or exit from any food store selling alcoholic beverages or package store. This proposed amendment by the Committee would create an ordinance that addresses the critical areas where panhandling occurs, i.e., locations where there is a captive audience, including sidewalk cafes, and other locations where lines are formed for admission to clubs, etc., and satisfies the legal requirements applicable to such an ordinance. The City Commission on February 2, 2005 directed the City Attorney to bring forward an ordinance in accord with the Committee's recommendation. The Ordinance passed on February 23, 2005 on first reading with the following additional amendments: fl1 ill Within ten (10) twenty (20) feet in any direction from the outside perimeter of any outdoor cafe, outdoor restaurant, sidewalk cafe or other establishment serving food or beverages for immediate consumption, unless expressly authorized by the ovmer, manager or supervisor of the establishment; ~ ill Within ten (10) twenty (20) feet in any direction from the outside perimeter of areas where five or more persons are waiting to gain admission to a place, establishment or public gathering including but not limited to, bar, convention center, concert hall, gallery, motion picture house, public event or performance, nightclub, restaurant, theater; ~ Q.L Within ten (10) twenty (20) feet in any direction from any entranceway into or exit from any food store selling alcoholic beverages or package store. The Ordinance is thus attached for your approval on second reading. MHD/ag F:\attoISACSIORDINANClPanhandling Commission Memo Second Reading3-16-05.doc OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 ~ lQ CITY OF MIAMI BEACH ~ NOTICE OF PUBLIC HEARINGS 16 NOTICE IS HEREBY given that PUblic hearings will be held by the MBYllI' .. City Commission of the City of Miami Beach, Aorida, in the Commission Chlllllbilm;. 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, .. Wednesday, March 16,2005, at the lime listed below, to consider the foIlowt111: at 10:15 a.m.: . , AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,BY AMENDING CHAPTER 118, "ADMINISTRATION AfI) REVIEW PROCEDURES", ARTICLE II. "BOARDS", BY AMENDING SECTION 118-53. MODIFY THE REQUIREMENTS FOR THE COMPOSITION OF THE PlANNING BOARD AND TO CORRECT A PORTION OF THE SECTION REGARDING ATTENDANCE; BY ~ SECTION 118-72 TO MODIFY THE REQUIREMENTS FOR THE COMPOSITION Of ... DESIGN REVIEW BOARD; PROVIDING FOR REPEALER, CODIFICATION, SEVERA8lI./TY AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at (305) 673-7550. at 10:20 a.m.: AN ORDINANCE REPEALING DIVISION 24, ENTITLED "CONVENTION CENTER CAflI'W. PROJECTS OVERSIGHT COMMITTEE", OF ARTICLE III, ENTITLED "AGENCIES BOAAD$ AND COMMITTEES", OF CHAPTER 2, ENTITLED "ADMINISTRATION", OF THE MIAMI BEACH CITY CODE IN ORDER TO DISSOLVE THE CONVENTION CENTER CAPITAl.. PROJECTS OVERSIGHT COMMITTEE; PROVIDING FOR SEVERABILITY. REPEAlER, COOIFICATION, AND AN EFFECTIVE DATE. at 10:25 a.m.: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 74, ARTIClE .. HEREOF ENTITLED "PEDDLERS AND SOLICITORS," SECTION 74-76 THROUGH ANO INCLUDING SECTION 74-78, BY DELETING CERTAIN DEFINITIONS; CLARIFYIIIG~ APPLICABILITY OF ARTICL~; AND DELETING CERTAIN LOCATIONS ~ PANHANDLING IS PROHIBITED; PROVIDING FOR REPEALER, SEVERABILITY, AND IN EFFECTIVE DATE Inquiries may be directed to the Legal Department at (305) 673-7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views In writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. _ . Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Seclfon 286,0105, Fla. Stat., the City hareQy advises the public that II a person decides to appeallJl'fJ decfslon_made by the City Commlsslon with respect to any matter considered at lis meeting or lis hearing, 8UCh p",""n must ansure that a verbatim record 01 the proceedings Is made, which record Includes the testimony and evidence upon which tha appeai Is to be based, This nollee does not constitute consent by the City lor the Introduction or admission 01 otherwise inadmlsslble or Irrelevant evldance, nor does It authorize challenges or appeals not otherwise allowed by law, To request this matarial in accessible format, sign language interpreters, Information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 Ivoice), 1305) 673-7218 (TTY) five days in advance to Inlllate your request, m U88I1l mayaiso cali 711 (Florida Relay Service), Ad tllIOt