Ordinance 2000-3240 ORDINANCE NO. 2 0 00-3 2 4 0
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY •
CODE, CHAPTER 98, ENTITLED "STREETS AND SIDEWALKS," BY
AMENDING ARTICLE V,ENTITLED,"MAINTENANCE OF SIDEWALKS
AND SWALE AREAS," BY AMENDING SECTION 98-166, ENTITLED
"DUTY TO MAINTAIN SIDEWALKS AND SWALE AREAS," BY
AMENDING SUBSECTION(C),ENTITLED,"SIDEWALKS,ALLEYS AND
RIGHTS-OF-WAY TO BE KEPT CLEAN," BY AMENDING THE HOUR
DESIGNATION FOR DAILY SIDEWALK SWEEPING; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Miami Beach,
Florida finds it in the public interest to ensure that all areas
within the City limits are adequately kept clean and litter free;
and
WHEREAS, the City Commission finds it in the public interest
to ensure that sidewalks located in the commercial business areas
are swept and maintained on a continuous basis to present a clean
environment that may aid in attracting patrons;
and
WHEREAS, the City Commission finds that by mailing out a
written reminder to notify businesses of their responsibility as it
pertains to sweeping the sidewalks surrounding their establishments
on a daily basis is the best means of assuring that the above-
described interests of the City are served.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CHAPTER 98-166, SUBSECTION (C) ,ENTITLED
"SIDEWALKS, ALLEYS AND RIGHTS-OF-WAY TO BE KEPT
CLEAN. "
That Section 98-166, Subsection (c) , of the Code of the City of
Miami Beach is hereby amended to read as follows :
SUBSECTION (C). SIDEWALKS, ALLEYS AND RIGHTS-OF-WAY TO BE KEPT
CLEAN.
(c) Sidewalks, alleys and rights-of-way to be kept clean. All
owners of unimproved property and occupants, or occupants and
owners of improved property, shall maintain their property in a
clean and litter-free manner, including sidewalks, grass strips,
alleys up to and including the median point of the alley, curbs,
swale areas, or rights-of-way up to the edge of the pavement of any
public street . Every merchant, storekeeper or operator of a
business in the city shall sweep or cause to be swept the sidewalks
adjoining his respective place of business, at or before 10 : 00 a.m.
and continuing as often as necessary thereafter to keep the area
clean, on each day such business shall be operated. The sweepings
shall be picked up and not swept into the gutter as prohibited by
section 46-92 . The use of round concrete buttons on swale areas is
permitted, but the use of
triangular concrete buttons is prohibited in such areas . All other
objects of any size or material are deemed hazardous .
SECTION 2 . REPEALER.
All ordinances or parts 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 portion 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 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 ten (10) days after its adoption
on the 22nd day of April, 2000.
PASSED and ADOPTED this 12th day of April , 2000 .
MAYOR
ATTEST :
akdA-1"/\
APPROVED AS TO
CITY CLERK
FORM& LANGUAGE
& FOR EXECUTION
i 3
Ci Attorney
Dais
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO. i74-0 b
TO: Mayor Nelsen O. Kasdin and DATE: April 12,2000
• Members of the City Commission
FROM: Lawrence A. Levy
City Manager 1 4
SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA, AMENDING MIAMI BEACH CITY •
CODE, CHAPTER 98, ENTITLED "STREETS AND SIDEWALKS," BY
AMENDING ARTICLE V,ENTITLED,"MAINTENANCE OF SIDEWALKS
AND SWALE AREAS," BY AMENDING SECTION 98-166, ENTITLED
"DUTY TO MAINTAIN SIDEWALKS AND SWALE AREAS," BY
AMENDING SUBSECTION(C),ENTITLED,"SIDEWALKS,ALLEYS AND
RIGHTS-OF-WAY TO BE KEPT CLEAN," BY AMENDING THE HOUR
DESIGNATION FOR DAILY SIDEWALK SWEEPING; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The Mayor and City Commission approved this Ordinance on first reading at the March 15, 2000,
meeting, and scheduled for a public hearing and second and final reading.
At the meeting of February 23, 2000, the Mayor and City Commission requested that the
Administration confirm that there is an Ordinance that requires businesses to maintain the areas
surrounding them in a clean manner. This request resulted from observations that some South Beach
business areas are relying totally on the City and are not maintaining the areas in front of their
storefronts.
Chapter 98 of the City Code entitled"Streets and Sidewalks"currently requires that each merchant,
storekeeper or operator of each business sweep the sidewalks adjoining his or her place of business,
at or before 10:00 a.m., on each business day that they are open for daily operations. It was found
that 10:00 a.m.was simply too late in the morning to sweep the sidewalks in the business areas(City
sanitation work begins at 7:00 a.m.). By 10:00 a.m., these areas have already been visited by the
T:\AGENDA\2000\APR1200\REGULAR\SWLK-MEM.2ND AGENDA ITEM R 5r
DATE 4-I2-oo
•
•
April 12, 2000
Commission Memorandum
Sidewalk Sweeping
Page 2
ANALYSIS (Continued)
•
public for hours, and are still covered with debris from the late night activity of the prior evening.
The number of residents, tourists and business patrons that traverse our city streets and sidewalks
• on a daily basis is enormous, and the demand for cleaner surroundings is ever increasing.
Business owners must assume responsibility for the physical conditions on the exterior of their
property. They cannot rely exclusively on the services of the City.
By amending the Ordinance to require that the businesses begin sweeping by 7:00 a.m., and
continuously be responsible to maintain the public right of way adjacent to their place of business,
the City will be able to monitor compliance and ensure the cleanliness of the commercial areas of
the City. If this Ordinance is adopted,the Administration will notify all businesses in writing of their
responsibility to sweep the sidewalks that adjoin their businesses, and keep them maintained at all
times.
The Administration recommends that the City Commission adopt the Ordinance.
n114 (-1144
LAL:MDS:RT:sg
T:\AGENDA\2000\APR 1200\REGULAR\S W LK-MEM.2ND
.=
M W O c0 0 •j U
N .bA s CID . O cd
cdO ^, 'C U p
Uc, :c -08 .9.
o
U
C�
� o
gC U ° cp oe. U °
z
d W W U U o