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2003-3411 OrdinanceORDINANCE NO.: 2003-3411 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING ARTICLE III ENTITLED "PANHANDLING IN PUBLIC PROPERTY" OF CHAPTER 74 ENTITLED "PEDDLERS AND SOLICITORS", BY DEFINING PANHANDLING AND SOLICITATION; BY PROHIBITING PANHANDLING AND SOLICITATION ON DESIGNATED AREAS WITHIN THE CITY, PROVIDING FOR PENALTIES FOR VIOLATIONS, PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Lincoln Road, Ocean Drive an~ Washington Avenue and Collins Avenue have developed into unique historic areas within the city nationally recognized as pr/mary tourist destinations in Florida; and WHEREAS, Lincoln Road, Ocean Drive an~ Washington Avenue and Collins Avenue are streets located in the south end of the city which are host to a reported 14 million customers and patrons and 6 million tourists annually; and WHEREAS, most of the tourists and visitors to these areas visit the strip of beach adjacent to Ocean Drive in order to enjoy recreational activities; and WHEREAS, Lincoln Road, Ocean Drive and,_Washington Avenue and Collins Avenue serve as primary dining and entertainment venues comprised of restaurants, sidewalk cafes, nightclubs and stores heavily trafficked by residents, visitors and tourists who desire to visit, shop, dine at these venues or simply stroll down these areas without any disruption and intimidation; and WHEREAS, panhandlers and solicitors often obstruct the sidewalks located within these areas causing pedestrians to step onto moving traffic endangering the safety of others; and WHEREAS, panhandlers and solicitors often disrupt the daily activities performed at outdoor cafes and restaurants, nightclubs, theaters and food stores selling alcoholic beverages, by disrupting business and physically approaching, harassing and intimidating residents, visitors and tourists in places where it is difficult to exercise the right to decline to listen to them or avoid their solicitations; and WHEREAS, the City of Miami Beach has a significant governmental interest in providing its residents, visitors and tourist industry with a pleasant, enjoyable and safe environment free of nuisance activity; and WHEREAS, enforcement of Miami- Dade County's "Aggressive Panhandling" Ordinance has been unsuccessful in abating the problem; and WHEREAS, the City of Miami Beach recognizes that panhandling is entitled to First Amendment protection and such regulation must be content-neutral, narrowly tailored to serve a significant government interest, leaving open ample alternative channels of communication; and WHEREAS, there are ample alternative locations within the City of Miami Beach where panhandling and solicitation is permitted such as other public fora within the city; and WHEREAS, the regulation in this instance is narrowly tailored to curb a problem unique to ~";,'~ several areas and does not unreasonably interfere with constitutionally protected rights. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Article III entitled "Panhandling on public property" is created to read as follows: ARTICLE Ill. 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 Avenue 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 1-APS,2-APS or PS. Lincoln Road means the area bounded on the oast west by Alton Road and bounded on the west east by Collins Avenue. Ocean Drive 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 card 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 1-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, parmership, corporation, society or other entity. Sidewalk card 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 caf6. 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 panhandline or beeeine. Washington Avenue means the area bounded on the south by Fir:t Fifth Street and bounded on the north by Seventeenth Street. 74-77. Applicability of article. This section does not affect the city's existing regulations regarding charitable solicitations; non-profit vending or distribution; street performances or art vending; or, the prohibition against aggressive or obstructive panhandling. 74-78. Panhandling/Solicitation Prohibited on Public Property. Notwithstanding the city's regulations regarding charitable solicitations, i t shall be unlawful for any person to panhandle or solicit on public property in the following areas: (1) Lincoln Road; (2) Ocean Drive; (3) Washington Avenue; (4) Collins Avenue; (5) Within ten (10) feet in any direction from the outside perimeter of any outdoor caf6, outdoor restaurant, sidewalk caf6 or other establishment serving food or beverages for immediate consumption, unless expressly authorized by the owner, manager or supervisor of the establishment; (6) Within ten (10) 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; (7) Within ten (10) feet in any direction from any entranceway into or exit from any foodstore selling alcoholic beverages or package store. 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 4. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED this 21stday of ~ '/~7/ / ' 4KYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION II CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS CORRECTED NOTICE NOTICEIS HEREBY given that public hearings will be held by the Mayor and City Commission of the Cityof M ami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 21, 2003, at the times listed below: At 10:30 a.m. AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE Ry AMENDING CHAPTER 130 "OFF-STREET PARKING," SECTION 130-32 "OFF-STREET ~,~RKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33 "OFF- STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4, BY ADDING PARKING REQUIREMENTS FOR HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE. Inquiries may be directed to the Planning Department at (305) 673-7550. /at 11:15 a.m.: ~-AN ORDINANCE CREATING ARTICLE III ENTITLED "PANH,,ANDLING IN PUBLIC PROPERTY" OF CHAPTER 74 ENTITLED "PEDDLERS AND SOLICITORS, BY DEFINING PANHANDLING AND SOLICITATION; BY PROHIBITING PANHANDLING AND SOLICITATION ON DESIGNATED AREAS WITHIN THE CITY, PROVIDING FOR PENALTIES FOR VIOLATIONS, PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. Inquires may be directed to the Police Department at (305) 673-7925. ALL INTERESTED PARTIES are invited to appear at this hearing, 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, 1st 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 Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding, or to request information on access for persons with disabilities, or to request this publication in accessible format, or to request sign language interpreters, should contact the City Clerk's office at (305) 673-7411, no later than four days prior to the proceeding. If hearing impaired, contact the City Clerk's office via the Florida Relay Service numbers, (800) 955-8771 (TRY) or (800) 955-8770 (VOICE). (Ad #176) CiTY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: lAn ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, creating Article III entitled "Panhandling on Public Property" of Chapter 74 entitled "Peddlers and Solicitors", by defining panhandling and solicitation; by prohibiting panhandling and solicitation on designated areas within the City, providing for penalties for violations, providin9 for repealer, severability and effective date. Issue: I Property" of Chapter 74 entitled "Peddlers and Solicitors", by defining panhandling and solicitation; by [ I IShall the City of Miami Beach pass an ordinance creating Article Ill entitled "Panhandling on Public prohibiting panhandling] and solicitation on desi~lnated areas within the City? Item Summary/Recommendation: The Administration recommends the adoption of this ordinance. Our residents, visitors, and businesses have been besieged by a deluge of panhandling that occurs at these entertainment venues and other places of public gathering. While the panhandling is not necessarily characterized as "aggressive" pursuant to Miami-Dade County's Ordinance, it does create intimidation and a sense of being accosted to patrons of dining and entertainment venues. This ordinance will enhance the aggressive or obstructive panhandling prohibitions by restricting panhandling and solicitation on public property in and around defined entertainment venues and foodstores or package stores selling alcoholic beverages. These prohibitions extend specifically, on any public property on Lincoln Road, Ocea~ Drive, Washington Avenue from 5th Street to 17th Street, and Collins Avenue from 5th Street to 10th Street; and within ten (10) feet in any direction from the outside perimeter of any outdoor cafb, restaurant, bar, movie theatre, convention center, concert hall, and gallery. Ample alternative locations and public forums within the City of Miami Beach still exist where panhandling and solicitation is permitted. The City has a significant governmental interest in providing its residents, visitors, and tourist industry with a pleasant, enjoyable, and safe environment free of nuisance activity and to this end, it is imperative that we provide our Police and Code Compliance Departments the necessary tools to effect change and have an impact on the currant state of panhandlincj and solicitations. Advisory Board Recommendation: J N/A :inancial Information: Amount to be expended: Source of Amount Account APProved Funds: 1 2 3 4 - Finance Dept. Total ii'In 'ODePffSjrtment Director AsSistant City Manager T:~AGENDA~2003\rnay2103\regular~Panhandling Ordinance SUM.doc Ci~ Manager CITY OF MIAMI BEACH CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMi BEACH, FLORIDA 33139 www.ci miami-beach.fi.us TO: From: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission City Manager Date: May 21, 2003 SECOND READING PUBLIC HEARING Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING ARTICLE III ENTITLED "PANHANDLING ON PUBLIC PROPERTY" OF CHAPTER 74 ENTITLED "PEDDLERS AND SOLICITORS", BY DEFINING PANHANDLING AND SOLICITATION; BY PROHIBITING PANHANDLING AND SOLICITATION ON DESIGNATED AREAS WITHIN THE CITY, PROVIDING FOR PENALTIES FOR VIOLATIONS, PROVIDING FOR REPEALER, SEVERABILITY AND EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS The City of Miami Beach is internationally recognized as a premiere tourist destination boasting a reported 14 million visitors annually. Indeed, the City's entertainment venues - from outdoor cafes and nightclubs - provide an ambiance for visitors and residents alike to enjoy as well as supporting our resort tax base for the benefit of the community as a whole. Unfortunately, our residents, visitors, and businesses have been besieged by a deluge of panhandling that occurs at these entertainment venues and other places of public gathering. While the panhandling is not necessarily characterized as "aggressive" pursuant to Miami-Dade County's Ordinance, it does create intimidation and a sense of being accosted to patrons of dining and entertainment venues. This ordinance will enhance the aggressive or obstructive panhandling prohibitions by restricting panhandling and solicitation on public property in and around defined entertainment venues and foodstores or package stores selling alcoholic beverages. These prohibitions extend specifically, on any public property on Lincoln Road, Ocean Dr ve Washington Avenue from 5th Street to 17th Street, and Collins Avenue from 5th Street to 10th Street; and within ten (10) feet in any direct on from the outside perimeter of any outdoor cafe, restaurant, bar, movie theatre, convention center, concert hall, and gallery. Ample alternative locations and public forums within the City of Miami Beach still exist where panhandling and solicitation is permitted. CONCLUSION The City has a significant governmental interest in providing its residents, visitors, and tourist industry with a pleasant, enjoyable, and safe environment free of nuisance activity and to this end, it is imperative that we provide our Police and Code Compliance Departments the necessary tools to effect change and have an impact on the current state of panhandling and solicitations. JMGIDDIAMIRMIHDC T:~AGENDA~003~-nay2103~regular~Panhandling Ordinance MEMO.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM TO: FROM: SUBJECT: Mayor David Dermer Members of the City Commission Murray H. Dubbin/~ City Attorney PANHANDLING ORDINANCE DATE: May 21,2003 SECOND READING Pursuant to the vote at the Commission meeting held on April 30,2003, the attached Ordinance is submitted for Second Reading. The Ordinance, as amended, defines panhandling and prohibits panhandling activities from taking place in certain specific areas within the City. it is recommended that this Ordinance be passed as amended. MDP/ag