Ordinance 83-2357 ORDINANCE NO. 83-2357
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 25 ,OF THE CODE
BY REPEALING SECTION 25-9 AND AMENDING SECTIONS
25-16 , 25-33 . 1 , 25-67 , 25-67 . 1 , 25-71 TO PERMIT CON-
CESSIONAIRES TO OPERATE IN AREAS DESIGNATED AND AP-
PROVED BY THE CITY MANAGER; PROVIDING FOR REPEAL OF
CONTRARY ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has a new Beach-
front Concession Plan and would like to encourage more beach
activities , it is necessary to amend restrictions on beach-
front activities presently existing in the City Code,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1:
Tha- Chapter 25 - Section 25-9 now reading as follows :
It shall be unlawful to place upon any public park
owned or controlled by the city any beach chair or other
article of similar nature , not owned, controlled and
iysupervised by the city.
is hereby repealed.
SECTION 2 :
That Chapter 25 - Section 25-16 is hereby amended to read as
follows :
It shall be unlawful for any person, while in or on
any public street, avenue or alley, or any park, beach,
structure , building or other property or place owned, main-
tained or operated by the city for public use , to sell, rent
or offer for sale or rent to the public any article, commodity
or service of any nature whatsoever, other than newspapers
of general circulation duly entered in the post office depart-
ment of the United States ; provided, that this section shall
not apply to employees of the city acting for and on behalf
of the city, or to persons specifically authorized to render
service to the public in any place above described, by the
city eeuieil manager; provided further, that this section shall not
apply to persons participating in any, art show or exhibit held
on all city properties under the specific authorization of the
city commission and who are exhibiting paintings or objects
of art produced or created by such persons.
SECTION 3 :
That Chapter 25 - Section 25-33. 1 is hereby amended to read as
follows :
It shall be unlawful for any person to drink, serve or sell
any beer, wine or any other alcoholic beverage on any street,
sidewalk, pedestrian mall, alley, highway, playground, park or any
other public property, in the city,except in those areas as
designated and approved by the City Manager or the City Commission.
The words "alcoholic beverage" are hereby defined for the purposes
of this section to mean and include alcohol , spirits , liquor, wine,
-1-
•
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
beer and every liquid or solid containing alcohol , spirits ,
wine or beer, and which contain one-half of one percent or
more of alcohol by volume, and which are fit for beverage
purposes whether alone or when diluted, mixed or combined with
other substances. lglty--p•e s-rrrrr-eettsti- ed-o4--y3e4at4 s-t i-3.•s-seetAt
shah-be-deemed-glftiity-ef-the-eence-ef-4 serderiy-eenduet-
an4 -upea-eesvietien;-shaIi-be-par3isbeel-as-prev4deel- a-seetea
�-t3-ef-tine-Eec�e.
SECTION 4 :
That Chapter 25 - Section 25-67 is hereby amended to read as
follows :
It shall be unlawful for any person to engage in the
business of peddling - - ii within the city except in those
areas designated and approved by the City Manager. The terms
"peddling or peddler" shall be defined as any person, whether
a resident of the City of Miami Beach or not, traveling by
foot, wagon, automotive vehicle, or any other type of conveyance,
from place to place, from house to house, or from street to street,
carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables , fruits, garden truck, farm products or
provisions, offering and exposing the same for sale, or making
sales and delivering articles to purchasers, or who, without
traveling from place to place, shall sell or offer the same
for sale from a wagon, automotive vehicle, railroad car, or other
vehicle or conveyance, and further provided that one who solicits
orders and as a separate transaction makes deliveries to purchasers
as a part of a scheme or design to evade the provisions of this
ordinance. The word "peddler" shall include the words "hawker"
and "huckster. "
SECTION 5 :
That Chapter 25 - Section 25-67 . 1 is hereby amended to read as
follows :
From and after the first day of July, 1970 , the sale ,
keeping, storage , or the offering for sale of any food from open
air stands in the city shall be and the same is hereby prohibited.
From and after such date , such sale, keeping, storage, or the
offering for sale of any food from open air stands in the city
shall be made only within the confines of an enclosed building
except in those areas as designated and approved by the City Manager.
SECTION 6 :
That Chapter 25 - Section 25-71 is hereby amended to read as
follows :
It shall be unlawful to hold picnics where food or
drinks are used, on any public beach in the city including
oceanfront park areas adjacent thereto, except in areas in the
North Shore Open Space Park which are specifically and expressly
designated for such use and purpose by appropriate and conspicuous
signs placed thereon by the eireeter-ef-parks-anel.-reereatiea-
City Manager, and in such areas specifically designated for such
use for patrons of duly authorized concessionaires of the city
and subject to regulations as to health and sanitation to be
promulgated by sueh-el3aeeter the City Manager in accordance with law.
SECTION 7 : OTHER ORDINANCES
All ordinances or parts of ordinances in conflict herewith be and
-2-
C4!-Lll�� "p ��� •
m OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
the same are hereby repealed.
SECTION 8 : SEVERABILITY
If any article, section, subsection, sentence , clause , phrase , or
portion of this ordinance is , for any reason, held invalid or un-
constitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not effect the validity of the remaining portions
of this ordinance.
SECTION 9 : EFFECTIVE DATE
This ordinance shall take effect ten (10) days after adoption in ac-
cordance with law, on February 12 , 1983.
PASSED and ADOPTED this 2nd day of February , 1983.
MAYOR
ATTEST:
CITY CLERK
MLB :ro 1st Reading - December 15, -1982
2nd Reading - February 2, 1983(as amended)
AiiiiNtla-
LEGAL
By
'0111
Date Z'i g3,41
-3-
•
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
I—'
4-1 la •
HHbO
CI) 4-J
•H $.4 C.) (1)
a) -0 •"
cri •C;)
) H Ct }-1
Ca, I OCbO
l
• Lf-) 4-1 Q
r•-• cs•I $.4
^
re)
c•I - 0 r•-• H
I 'HI I •H C_)
re-) W 4J L.r•1
<4 00 a) cl)
0 (1.)
H • v) 0 4-)
00
I-1 Z (1) a •
0 rzl 4-1 •H •0 0
r0 I
44-1 1-() 0 a.)
"cc 0 (1) c‘i 4-1
0
H
op (N. r1:1 ci)
Cl 4) 0 • 14
fa. 0 in 0
Cj c-A
0
C.) •H
• •)
c‘i • u)
0 • c")
(1) 4J c)
U I 0 0
-.1•CcULfl 0 0
•-•• c-4 0 (
•
•