051 Ord 2001-3330 (2) CITY OF MIAMI BEACH
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN, PURSUANT TO THE CITY OF MIAMI BEACH, C~TY CHARTER. SECTION 2.05, THAT THE FOLLOWING ORDINANCE
WAS PASSED AS EMERGENCY MEASURE BY THE CITY COMMISSION OF THE CITY OF MIAMI PEACH, FLORIDA, ON OCTOBER 17, 2001. THIS
ORDINANCE WAS EFFECTIVE UPON ITS PASSAGE AND ~S HEREBY SET FORTH iN FULL.
ORDINANCE N0.2001-3330
AN EMERGENCY ORDINANCE BY 5/7THS VOTE OF THE MAYOR AND CITY COMMISSION OF THE CiTY OF MIAMI BEACH,
FLORIDA, DECLARING A PUBLIC EMERGENCY THAT NEGATIVELY AFFECTS PROPERTY OF THE TOURISM INDUSTRY OF THE CITY
AND CITIZENS OF MIAMI BEACH AS A WHOLE, AMENDING MIAMI BEACH CITY CODE CHAPTER 82 ENTITLED "PUBLIC
PROPERTY", ARTICLE IV THEREOF ENTITLED "USES IN PUBLIC RIGHTS OF WAY", DIVISION 5 THEREOF ENTITLED "SIDEWAL}(
CAFES", CREATING SECTION 82-387 ENTITLED "TIME-CERTAIN DEFERPAL OF UNPAID FEES DUE; ABATEMENT OF LATE
PAYMENT FEES AND DELINQUENCY PENALTIES" PROVIDING FOR A DEFERPAL OF PAYMENT FOR UNPAID EV 2002 SIDEWALK
CAFE FEES-FOR A PERIOD OF 60 DAYS FROM OCTOBER 1, 2001 TO DECEMBER 1, 2001 AND ABATING ANY LATE PAYMENT
FEES AND DELINQUENCY PENALTIES IN CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND
SAID DEFERRAIJABATEMENT PERIODS BY AN ADDITIONAL PERIOD NOT TO EXCEED 90 DAYS FROM DECEMBER 1, 2001, IF
DEEMED NECESSARY BY THE CITY MANAGER, WITHOUT ANY FURTHER ACTION OF THE MAYOR AND CITY COMMISSION;
PROVIDING REPEALER, SEVERABILITY, CODIFICATION, EFFECTIVE DATE, AND SUNSET PROVISION.
WHEREAS, the devastating events of September 11, 2001 have resulted in a publie emergency that has negatively affected property of
the tourism industry in the City and citizens of Miami Beach as a whole -- the City of Miami Beach and it~ tourist-related industries and
residcnt businesses have thus adversely impacted and to this end, various regional efforts are being implemented such as the Greater
~a'n~ChamberofC~mmerce~s(GMCC)Ec~n~mi~Generat~nandRecoveryTaskF~rceandathurismmarketingcampaign~nitiatedbythe
Greater Miami Convention and Visitors Bureau (GMCVB); and
WHEREAS, in an effort to be responsive and supportive of our local commercial businesses, the City has evaluated a variety of
additional measures that will Orevide temporary relief while confidence is restored in the economy and the tourism industry; and
WHEREAS, these initiatives include a deferral of business related fees, reduced parking and transportation costs, a contribution to the
GMCVB "What Makes You Happy" marketing campaign (geared to reactivate teurism in the City) and financial and Iogistical support for a
City*produced, in conjunction with Ocean Drive Association, special event; and
WHEREAS, the aforementioned initiatives and proposed policy recommendations. assisting in part the local business sector and visitors
to our community, are authorized as emergency economic revdalization relief pursuant to Section 2.05 of the City Charter, which section
requires that a declaration of public emergency exists negatively affecting property; and
WHEREAS, as farther efforts for its economic recovery from the present public emergency, it is recommended that the Mayor and City
Commission authorize a temporary (60 day} deferral of payment for unpaid FY 2002 sidewalk cafe fees for a peeled of 60 day~ from
October 1,200t to Decemher 1,2001, abating any late payment fees and delinquency penalties in connection ~herewith.
NOW THEREFORE, BE IT DULY OHDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACUI FLORIDA, AS
FOLLOWS:
SECTION 1. Miami Beach City Code Chapter 82 entitled "Public Property", Article IV thereof entitled "Uses in Public Rights of Way".
Division 5 thereof entitled "Sidewalk Cares', is hereby amended by the creation of the following section 82-387, reading as follows:
Section 82-387. "Time-Certain Defertel of Unoaid Fees Due; Waiver of Late Payment Fees And Definouencv Penalties"
In view of the existino cublic emeroencv affectinq proI)ertv of the tourism industry in the City as well as citizens of Miami Beach as a
whole, payment of unoaid Fiscal Year 2002 sidewalk cafe cermit fees are deferred for a oeriod of 60 days from October 1, 2001 t0
December f, 2001 (or. unon the exnirstion of any additional time Defied not to exceed 90 (~avs, as authorized by the City ManaGed, with
any late payment fees and delinouencv oenalties in connection therewith to be abated.
SECTION 2. 1NCLDSION INTHE CITY CODE. It isthe intention ofthe Mayorand City Commission, and gishereby ordained thatthe
provisions of this Ordinance shall become and be made part o the Code of Ordinances ct the City of Miami Beach as amended; that the
sections of this Ordinance may be tenumbered or releffered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith are repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invali~J, the remainder shall not be
affected by such invalidity.
SECTION 5. EFFECTIVE DATE. This Emergency Ordinance shall take effect immediately on this 17th day of OCtober, 2001.
SECTION 6. SUNSET PROVISION. This Ordinance shall sunset on December 2, 2001, or in the event the City Manager deems it
necessary to extend this Legislation by an additional period of up to 90 days, this Legislation shall sunset upon the expiration of said
additional time period.
PASSED and ADOPTED this 17th day of October, 2001.
ATTEST:
(siqnedl Robert Parcher isianed~ Neisen Kasdin
City Clerk Mayor
FORM APPROVED LEGAL DEPARTMENT
BY: (signed) Murray Dubbin
Dated:lOll2/01
Said Ordinance is on file in the office of the City Clerk foi' examination by all interested paffies.
Robed Pareher, City Clerk
City of Miami Beach
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