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2009-3644 OrdinanceORDINANCE NO 2009-3644 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING SECTION 46-92, ENTITLED "THROWING LITTER IN PUBLIC PLACES; POSSESSION OF GLASS OR METAL CONTAINERS ON BEACHES UNLAWFUL; SWEEPING OR THROWING LITTER IN GUTTERS; GARBAGE CONTAINERS REQUIRED FOR TAKE-OUT RESTAURANTS; REBUTTABLE PRESUMPTIONS; CIVIL FINES FOR VIOLATIONS; SEIZURE; REMOVAL; DEFINITION OF LITTER," BY CLARIFYING THE PROHIBITIONS ON LITTER AND AMENDING THE DEFINITION OF LITTER, AMENDING THE FINES AND PENALTIES FOR A VIOLATION OF SECTION 46- 92, AND AMENDING THE PROVISIONS REGARDING ENFORCEMENT BY CODE COMPLIANCE OFFICERS; BY REPEALING DIVISION 2 ENTITLED "HANDBILLS," BUT INCORPORATING PROVISIONS RELATIVE TO SPECIAL MASTER APPEALS AND ADDITIONAL MEANS OF ENFORCEMENT INTO SECTION 46-92; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is an internationally renowned tourist destination known for its miles of beautiful beaches, cultural and entertainment venues, and historical neighborhoods; and WHEREAS, the visual and sanitary blight cause by litter dropped on the City's beaches and on other public and private areas harm the City's goals of promoting tourism and maintaining its reputation as an acclaimed resort destination; and WHEREAS, it would serve substantial government interests, and be in the interests of the public health, safety, and welfare, for the Mayor and City Commission to amend the litter provisions in the City Code to strengthen and expand the definition of litter, to clarify the prohibitions on litter, to strengthen the enforcement of littering, and to provide additional penalties for littering. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 46-92, entitled "Throwing litter in public places; possession of glass or metal containers on beaches unlawful; sweeping or throwing litter in gutters; garbage containers required for take-out restaurants; rebuttable presumptions; civil fines for violations; seizure; removal; definition of litter," of Division 1, entitled "Generally," of Article III, entitled "Litter," of the Miami Beach City Code is hereby amended as follows: CHAPTER 46 ENVIRONMENT ARTICLE III. Litter DIVISION 1. Generally Sec. 46-92. Prohibitions on litter ;possession of glass or metal containers on beaches unlawful; sweeping or throwing litter in gutters; garbage containers required for take-out restaurants; rebuttable presumptions; civil fines for violations; seizure; removal; definitions; enforcement; appeals: liens. e~-EitteF (a) It shall be unlawful for any person or benefactor to throw, discard, place or deposit, or cause to be thrown, discarded, placed, or deposited, litter in any manner or amount whatsoever in or on any public highway, sidewalk, road, street, alley, thoroughfare, beach, park, baywalk, beachwalk, cutwalk, or any other public place, except in containers or areas lawfully provided therefor. It shall be unlawful for any person to throw, discard, place or deposit any garbage, cans, bottles or containers in or on any freshwater lakes, rivers, streams, canals, or tidal or coastal waters within the city. In addition, it shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount whatsoever on any private real or personal property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (b) It shall be unlawful for any person to carry onto any beach within the city a glass or metal bottle or other glass or metal container. (c) It shall be unlawful for any person to sweep, cast or throw, or cause to be cast or thrown, into any of the gutters, drains or sewers within the city any garbage, litter, paper, handbill, trash, tree or grass cuttings or other objects or substances. (d) All restaurants with take-out service shall have up to four garbage containers, as need requires, based on the determination of the city manager or his designee. The containers shall be located in front of and within 50 feet in each direction of the premises at locations approved by the city manager or his designee. These containers shall be kept in clean and sanitary condition at all times and shall be emptied daily or more frequently if necessary to prevent overflowing. The garbage containers required by this section are in addition to those required by chapter 90 of this Code. (e) The following civil fines shall be imposed for violations of this section except as provided in subsections (f) below. (1) First offense, $50.00 fine. (2) Second offense, $100.00 fine. (3) Third offense, $500.00 fine. 2 In lieu of a fine the Special Master may accept voluntary community service removing litter in the City equivalent to one hour of community service for each $5.00 of an imposed fine. If the community service is not completed within six (6) months of an adjudication of quilt, the fine shall be reinstated. (f) If a violation of this section resulted from the throwing, discarding, placing, or depositing, or causing to be thrown, discarded, placed, or deposited, of commercial handbills as litter, then the following civil fines shall be imposed. The special master shall not have discretion to alter these prescribed penalties except as to the per handbill fine of $50.00 provided in (f)(1). (1) If the offense is the first offense, $100.00 fine plus $50.00 per handbill; (2) If the offense is the second offense within the preceding 12 months, $500.00 fine plus $50.00 per handbill; (3) If the offense is the third or subsequent offense within the preceding 12 months, $1,500.00 fine plus $50.00 per handbill. (4) Notwithstanding subsections (f)(1)--(3), no person or benefactor shall receive more than one offense within any one-day period, however, the $50.00 per handbill fine shall apply to all littered handbills found during that one-day period. (g) At any prosecution for violation of this section when the litter involved is a commercial handbill, if ten or more commercial handbills advertising the same business are found in plain view as litter under circumstances that make it more likely than not that the commercial handbills were placed there, or caused to be placed there, by an agent, employee, contractor, promoter, or other representative of the business advertised on the face of the commercial handbills, the special master shall apply a rebuttable presumption that the business advertised on the face of the handbills threw, discarded, placed or deposited the commercial handbills as litter. (h) If a person is found littering with commercial handbills, the code compliance officer is authorized to seize, for use as evidence in the prosecution of the violator before the special master, all commercial handbills in the possession of the violator. (i) The city may cause the removal, at the violator's expense, of all litter distributed or placed in violation of this section. (j) Definitions: (1) Benefactor means the owner of the business advertised in the commercial handbill whose agent, employee, contractor, promoter, or other representative did or caused the throwing, discarding, placing or depositing. (2) Business means any commercial or industrial activity, entity, or event in or for which any goods or services are made, sold or offered for sale or other consideration, pecuniary or otherwise. (3) Handbill means any handbill, flyer, paper, document, dodger, circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted matter or object that conveys any information, except that "handbill" shall not include a newspaper or its contents. (4) Commercial handbill means any handbill that conveys any information about any good or service provided by a business. (5) Litter means any paper, handbill, commercial handbill, garbage, bottle caps, chewing gum, tobacco products, including, but not limited to, used and unused cigarettes, cigars, pipe or chewing tobacco, or other waste that has been placed or deposited mad-left on a public sidewalk, street, road, avenue, beach, swale, median, building, fence, wall, boardwalk, beachwalk, baywalk, cutwalk, park, or any other public Ip ace area, or on any object located on public property, or on the kneewall, window ledge or sill of any public or private building, or on a motor vehicle1 or on any other type of private real or personal property as-p~ek~+biy . Handbills and commercial handbills attached to a trash receptacle, but not within the trash receptacle in the usual manner, shall also be considered litter. (6) One day means a 24-hour period from noon to noon. (7) Person, benefactor, or owner include, within their respective meanings, either an individual or an entity. (k) Enforcement by code compliance officers; notice of violation. If a code compliance officer 1 finds a violation of this article, such code compliance officer shall issue a notice of violation to the violator as provided in Chapter 30. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be +s liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within 20 days after service of the notice of violation, and that failure to do so shall constitute an admission of the violations and waiver of the right to a hearing. (I) Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or b. Request an administrative hearing before a special master appointed by the city commission upon recommendation of the city manager to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 102-384 and 102-385 of the Citv Code. {~}~ If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearing before a special master, the special master 4 shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violators right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. {~}(~ Any party aggrieved by the decision of the special master may appeal the decision in accordance with law. (m) Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. (1) The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. (2) A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute upon the lien. (n) Nothing in this article shall limit or restrict any condition or limitation imposed by the planning board. ~ Injunctive relief. As an additional means of enforcement, the city may seek injunctive relief and/or follow procedures to revoke a business tax receipt and/or certificate of use as set forth in chapters 14, 18 and 102 of the City Code when there are more than three offenses by the same violator within a calendar year. SECTION 2. That Division 2, entitled "Handbills," of Article III, entitled "Litter," of Chapter 46, entitled, "Environment," be repealed as follows: n44r~n~ the .~ficn~inr~ of ~hc n~ ~hlin uihe4her nnrv~rv~erni~l nr nnnnnmrv~crni~l ,ff7vtHf ~in~~.n~~y-~~-n~P~~~~inc n' ~ir~nn nr h~i ~~ih~nh nn~i nerc~nn nr "~J " ~ ~e~ises- alh'li^ /Z\ ~rrJ nff c~ ~ i-lrli+innnl nff c~ /~~ii+hin nn ~TT~i;,~,-o,Tegoe eaves e ~i r of +h ir~4 nff ea,--~,~e~„~,T ~e\ ran nn e~o > ~ . +h~+ rcc~~ ~I+ciJ in +he i~+c~~ ~~nnc of +he nn+ine of ~iin l~+inn e 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, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. 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 Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 6. Effective Date. This Ordinance shall take effect the 25th day of July , 2009. PASSED and ADOPTED this 15th day of July , 2009. ATTEST: ~~ ~ ~~ Robert Parcher, City Clerk Matti Herrera Bower Mayor ~~~..~ ~ .~ Underline denotes additions and s#~i~~ denotes deletion F:\atto\TURN\ORDINANC\Litter rev 2.doc 7 l ~~F1Vi & l,R~f~i1l~C3E s ~ FAR E~CUTiQ~! COMMISSION ITEM SUMMARY rnnrloncarl Titla• An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By Amending Article III, Entitled "Litter". Ke Intended Outcome 5u orted: Im rove Cleanliness of Miami Beach Ri hts of Wa Es eciall in Business Areas Supporting Data (Surveys, Environmental Scan, etc.): The Cleanliness of the city appears as one of the most important areas affecting Residents' quality of life. The 2007 Community Survey suggests that Cleanliness of the city is ranked #3 by residents as one of the changes that will make Miami Beach a better place to live, work, play, or visit. This same survey suggests that 61 % of the city's residents and 52% of the City's Businesses rate cleanliness of streets in residential/business areas as ood or excellent. Issue: Shall the Mayor and the City Commission Approve The Amendments to the Ordinance? Item Summa SECOND READING PUBLIC HEARING At the City Commission meeting on May 13, 2009, Commissioner Jerry Libbin requested the matter of amending the "Litter" ordinance be referred to the Neighborhoods/Community Affairs Committee for discussion. A draft ordinance amending the provision in Chapter 46 regarding litter prohibitions and definitions, enforcement, and the fines and penalties was developed by the City Attorney's Office and presented to the May 18, 2009 meeting of the Neighborhoods/Community Affairs Committee. The committee discussed the proposed changes and recommended the ordinance to the City Commission, as amended. The committee's amendment added "Park, Baywalk, and Beachwalk" in Sec. 46-92 (a) describing areas of prohibition. The ordinance was considered and amended and approved on first reading at the June 3, 2009 Commission meeting, with the addition of "commercial handbills, bottle caps, chewing gum, tobacco products, including, but not limited to, used and unused cigarettes, cigars, pipe or chewing tobacco" to the definition of Litter. The proposed ordinance amendment is adjusted to reflect the amendments from the Commission at the June 3`~ meeting. The proposed draft ordinance was developed by Commissioner Libbin together with the City Attorney's Office and further amended pursuant to instructions by the City Commission and the Neighborhood/Community Affairs Committee. The amendments to the City's existing litter ordinance expands the definition of litter, clarifies the prohibitions on litter, strengthens the enforcement of littering, and provides additional penalties for littering. Adviso Board Recommendation: Nei hborhoods/Communi Affairs Committee 05/18/2009. Financial Information: Source of Funds: Amount Account 1 2 3 OBPI Total Financial Impact Summary: The proposed amendment could result in many new litter violations being issued, since the litter must only be "placed" on public property to be considered litter, as opposed to being placed and "left" on public property. These revenues may be offset by the ability of the Special Master to impose voluntary community service in lieu of fines for appeals. It is difficult to estimate potential fine revenues, or the number of potential appeals. It is unknown what impact this will have on current Code staffin levels, es eciall If additional/enhanced enforcement is re uired. Clerk's Office islative Tracking: Si n-Offs• Department Director sistant City Mager City Manager T:WGENDA\2009Wu1y 15\Regular\LitterAmend Summary-2nd Rdg.doc f~ ~ [~ u AGENDA. ITEM _J1~ war (~I/ I (~ n DATE -O m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, v,~ww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 15, 2009 SECOND READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY CODE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING SECTION 46-92, ENTITLED "THROWING LITTER IN PUBLIC PLACES; POSSESSION OF GLASS OR METAL CONTAINERS ON BEACHES UNLAWFUL; SWEEPING OR THROWING LITTER IN GUTTERS; GARBAGE CONTAINERS REQUIRED FOR TAKE-OUT RESTAURANTS; REBUTTABLE PRESUMPTIONS; CIVIL FINES FOR VIOLATIONS; SEIZURE; REMOVAL; DEFINITION OF LITTER," BY CLARIFYING THE PROHIBITIONS ON LITTER AND AMENDING THE DEFINITION OF LITTER, AMENDING THE FINES AND PENALTIES FOR A VIOLATION OF SECTION 46-92, AND AMENDING THE PROVISIONS REGARDING ENFORCEMENT BY CODE COMPLIANCE OFFICERS; BY REPEALING DIVISION 2 ENTITLED "HANDBILLS," BUT INCORPORATING PROVISIONS RELATIVE TO SPECIAL MASTER APPEALS AND ADDITIONAL MEANS OF ENFORCEMENT INTO SECTION 46-92; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. BACKGROUND At the City Commission meeting on May 13, 2009, Commissioner Jerry Libbin requested the matter of amending the "Litter" ordinance be referred to the Neighborhoods/Community Affairs Committee for discussion. A draft ordinance amending the provision in Chapter 46 regarding litter prohibitions and definitions, enforcement, and the fines and penalties was developed and presented to the May 18, 2009 meeting of the Neighborhoods/Community Affairs Committee. The committee discussed the proposed changes and recommended the ordinance to the City Commission, as amended. The committee's amendment added "Park, Baywalk, and Beachwalk" in Sec. 46-92 (a) describing areas of prohibition. The ordinance was considered and amended and approved on first reading at the June 3, 2009 Commission meeting, with the addition of "commercial handbills, bottle caps, chewing gum, tobacco products, including, but not limited to, used and unused cigarettes, cigars, pipe or chewing tobacco" to the definition of Litter. The proposed ordinance amendment is adjusted to reflect the amendments from the Commission at the June 3rd meeting. PROPOSED ORDINANCE AMENDMENT Updated definition of Litter The definition of litter has been expanded to also include items such as commercial handbills, bottle caps, chewing gum, tobacco products, including but not limited to, used and unused cigarettes, cigars, pipe or chewing tobacco. Included in the definition, is the means by which an item becomes litter. This was updated to reflect that items, once placed or deposited on public property do not have to be "left" on public property to be considered as litter. Community service option added This ordinance provides the Special Master the option to accept voluntary community service in lieu of a fine. One hour of community service (removing litter in the City), is equal to each $5.00 of an imposed fine. Note that if the community service is not completed within six (6) months of an adjudication of guilt, the fine shall be reinstated. Repeal of Division 2 entitled "Handbills" The amendment repeals Division 2 Entitled "Handbills" and incorporates provisions relative to the Special Master Appeals and additional means of enforcement into Section 46-92. Prior amendments to the litter ordinance to address commercial handbills are not affected by the repeal of this section, and existing or new language will continue to address handbills on motor vehicles. ANALYSIS The intent of the ordinance is to, among other things, further provide for the enforcement of litter on our public areas. As proposed, this amendment would result in the issuance of litter violations when someone "places" something considered litter on public property (as defined in the ordinance), as compared to current ordinance provisions that require the litter to have been placed and "left" on the public property. While in a strict enforcement of the ordinance, if a beachgoer is observed placing a can of soda next to their beach blanket and then going for a swim, they would be subject to a violation, even if the beachgoer's intent was to properly discard the can when leaving the area, the intent of the ordinance change is to ensure that, in those occasions when someone is observed littering and it is clear that there is no intention of picking up whatever was placed on the public property, then the Code Officer would not have to wait until the person completely left the area to issue a violation. One example would be when a smoker flicks his cigarette several feet away after they have completed smoking their cigarette. If the individual's actions clearly demonstrate that their intent is not to pickup the cigarette, then a violation would be issued without having to wait until that person leaves the area where the littering occurred. It is intended that, if approved on second reading, a "public education" period will be conducted, especially focused on beachgoers, to advise them of the new ordinance, encourage compliance and warn them that enforcement of the ordinance will begin after November 1S. Currently, Code Compliance staff is assigned to monitor on ATV's the beaches on Saturdays and Sundays in the late afternoon. Staff provides education and enforcement on litter, and enforces rules on items prohibited on the beach, and illegal vendors; they will distribute biodegradable bags and disposable ashtrays. Code will look at providing some enhanced, targeted enforcement after November 1 Sc to reemphasize the new ordinance. FISCAL IMPACT The proposed amendment could result in many new litter violations being issued, since the litter must only be "placed" on public property to be considered litter, as opposed to being placed and "left" on public property. These revenues may be offset by the ability of the Special Master to impose voluntary community service in lieu of fines for appeals. It is difficult to estimate potential fine revenues, or the number of potential appeals. It is unknown what impact this will have on current Code staffing levels, especially If additional/enhanced enforcement is required. CONCLUSION The proposed draft ordinance was developed by Commissioner Libbin together with the City Attorney's Office to further address litter in the City. The amendments to the City's existing litter ordinance expand the definition of litter, clarify the prohibitions on litter, strengthen the enforcement of littering, and provide additional penalties for littering. JMG/HMF/GT T:WGENDA\2009Wu1y 15\Regular\Litter Amend Memo-2nd Reading.doc (~I OT~~~ Of P~! B~.1~ ~-i E~4~~~~ ~~ NOTICE IS HEREBY .given Ghat second readings and Gwblic hearings will be held by the:Mayor and City Commission r1f"the C'rtq 1~f'Wham"r~l3eavfi,l=loritla,~in the;Commissign Chambers, 3rd i floor, City Ha11,1700 -Convention Cei~i~eri~rivt?; ~1'rami Beacfi, Flo~la; on Wednesday, July 15, '. 20U9, to consider the following - - 10:15 a.m. ,; - An Ordinance Amending Miami Beach City Code Glaaptsr2, Article III, Section 2-22 Thereof Regarding General-Requirements Rela#ed To'MemfJerghip Dn Cit~~f Miami Beach's Agencies, BoardsAnd);ommitte2s;ByAddingTtaereto~irbsection~9)TvPrDV{ieThatA#-I:,arageAppoir?trnent Of Board Members To ~Fi11 aGategoCies Sha11 ~3e.By`.$eparate'~/ote Fir Each Category.° _ , Inquiries may `be directeC!`#o the City Attorney'sDfficeat(305) 673 7470. ~. 1~:2U a.m. An Ordinance Amending Taliami Beach City ~Oode Chapter 2 fl~ticle ~l{, 13j! Adding Section 2-27 entitled: "`Conimissian Committee Draft dVlinutes - `Cfih' Commission Approval," Reciting Applicable~F'arliamentar~y Procedure Coricei'ning~C~Fty Gorri~'nissio~a Revieuv And Acceptance 0f Draft Minutes From Gvntmission Committee h7leetirtgs: " Inquiries may be directedto the C~y.Attomey~s Dffrceat (3ff5) 673'7470 ::...: ' 11:15-a.m. ~ .. ~ ~ _ An prdinance ;4mending "Chapter 46 Of The Miami beach; City Code, •Ent'rCied "Environment," , By Amend'mg Article iTl, f'ntitled "Utter;" By x#men'ding Section 42, J=r)tt[ed "Thro~iing Litter ~, ~_ In Public Places;.Passession Of Glass Or4~etal l;o`wi{airrers~n B~ches Unlau~#ul;.Sarve~Pir~9 Or~ Throwing"LittsrJn Girtfiers;-Garbage Contairiers"Rec{Jired )/orTake~utaurants; Rebuttable Presumptiflns;Ciuil?~inesForVolat'~ons;~Se'i~ufre`;'f~err+oval'Definrtupn~#L~tter,'.BY;Diarf~in9T'iae. ProliEbittcans On Litter And Amending The`Bi~f'~ftion~f Lrtte~', Amet~irig Thel=ines And Periatties :ForA'V~oiatic~n`iDf Sew-92, And Amending Tl~isi~ans fieai~liiag.l=~oroem2rr3~By Gc~de Compliance`C;'ificers;~F~pealirag Division~~et2Ptl~r1"FHamdbills,"Byt InGO~,~orating•PlOvisipns-~ Relative TQ ~cial Master-Appea}s And Adtiltiot7al.~leatls~Of Enfc~cemsi~t Into Section 4,6-92, -: Inquiries may#~e directed'to the City Atton's~C~HFfce'a'C`{3(f5) 673-,747th. u An Ordinance Amending'Section 82-385(L) C3f~e `i/'fty~'S'~rlewalK~afe Ordinance, ~saGodified; to Chapter'S~Z, .Article IV, Division 5, Sections $2-'Thh 8~n~•.'85 't~f ~'he+Gity'Code; Said ,4merxdrrrent Allowing Sidewalk Cafe Operators4~?eftigi4t~ei~ar Sid~w~{{c`Caies On Lincoln'4~oad `'_, I Mall'To Mair-tain Tat~ies;-Dhairs, And Clcd iikx~tiretlas Witliae The~Permit Aroma l~dhen The; -• Cafe Is t~otln'Operalion;-And Closed-Up'.EJ+r~tas'~7he F~rmit%rea Wheq_31;-e Cafe is }. ~. Mot 1n C'~n; ~ Y~ating And Addit~g~:~n 8287, BntiYipd '~:Proh~t~ed ,°t+lo;1 j 'Table' Zones,~• And _aubsection (A) Them; : Pro#~it~iting •Sidewalki~af~es~m :being Pn~itted ~; And Placed in?A PreAe#irred Area Can ~e ~ -1~,~lac)c-~f~ittcotn ~oac3, ~etweera lae~cwc,'~venue And Afttxi-Road. - _ ,:; . - w` #nquir"res may Jae dire~eti to the City Attorney ~DfEitae-af -(~05) 6~- 7470'and/or #o the'Piibirc Works impartment at (3Oa) 673-7080. ~' ~ - "~ ~v `INTEfIE~'T`FD-PART[ES are invited to appear .at this meeting ore r''epresentedby an agent,. -or to express~eirviews Jn writing.addressed'tn'19i~e Ctty ~;bmmion; .d/o the Cify;Gler.k, 17D0' Convention 'Center 'Drive; 1st Floor, City.-Hall, .tJliarrn ~>, Flgi'ida ~31x'~:-^Gc~pies ~f ~tese; ordinances are availatite for :public inspectivr~~ldf xnormal busi~aess~+ours an the ~ler'k~s Office, 1~t7.Cenventican Center Drive, 1st Floor, t~ty d Midi Beach, Florida 33139. This meeting m~~e cort~'rni~ and under such c~ru~es~dditicl^tesal noticewould.no4.be provided. _ " _ . , - Rot3ert ~'9'archer, City'Cler'k:~ ,... .., .. ..; C' of`Nliami'Beaoh Pursuant #o Section ;0105 -Fla. Stan., the ~iity ~aret~y=advise9s the p~lblic that: 'rf ~~ jserson 0 0 w Z c J ,~- x, E ` . r -~ a+ . z v s`. ~• m ~. ~' 1 decides to appeal .any decision made by the City Commissro~`ka Ct .8ap~ ?rna#ker considered -at its meeting or its hearing, :such n mast ensure: ~'~ ~o~'d the proceedings is :made, +,vhich record inokrdes the testimony ~d E~ ~ appeal into be based. Tfiis notice-does not cor~stitateronsent by ~ie+or~e~rrl~dur;i~n.®r~ ~ admission of otherwise inadmissible.or-irrelevant .evidence, nor d+~~k;e~~r.~tl9es-~ ' appe2ls not otherwise alloroved by Jaw. ~ ~ ~+~ _ ~" : To request this material m accessible format, sign language interpret ~ ~ za~a,~craess Iftfr persons with.disabilities,.andLorony accommodation to review any~ttatrr~aati>~ate~ ~' ` city-sponsored proceeding, ptease contact{305) 604-2489 (vrnce),5''~"TB-~t~~~#T'"I'~-five'das's , in advance to initiated©ur=request. 77Y users naay also call. 711 (Rds'ddal Seniicej. - Ad ~b48 -