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Ordinance 2019-4266 ORDINANCE NO. 2019-4266. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE V, ENTITLED "BEACHES," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 82-443 THEREOF, ENTITLED "HIGH IMPACT EVENTS ON BEACH PROPERTY," IN ORDER TO EXPAND THE AUTHORITY OF THE CITY MANAGER TO IMPOSE ADDITIONAL IMMEDIATE MEASURES FOR HIGH IMPACT EVENTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach is an internationally renowned tourist destination that is famous for its beaches, shopping, and entertainment, which are among the best in the world; and WHEREAS, due to its domestic and international popularity as a resort destination, many large-scale events, both authorized by City permits and otherwise, occur on City property and/or on the City's public beaches; and WHEREAS, the City has seen an increasingly large number of visitors during these events, and the sizeable number of individuals attending these events has posed numerous challenges for the City; and WHEREAS, authorized and unauthorized uses of the beaches and City property during such events have, from time to time, caused extensive damage, personal injury, property degradation, and have dramatically affected the quality of life of the City's residents; and WHEREAS, a significant portion of these events occur on the City's public beaches, and within the City's"Entertainment District,"which is generally described as the area of Ocean Drive, from 5th to 15th Streets; Collins Avenue, from 5th to 16th Streets; and Washington Avenue, from 5th to 16th Streets; and WHEREAS, these events on the beaches and within the Entertainment District cause severe congestion and overcrowding upon the City's streets, and result in excessive litter, empty cups and straws, liquor bottles, and other debris left strewn about on public and private property; and WHEREAS, such events also create excessive noise, and disturb the surrounding neighborhoods and negatively affect nearby businesses and residents; and WHEREAS, those areas of the City located outside the Entertainment District and the beaches typically have a greatly reduced incidence of such events occurring; and WHEREAS, Section 82-443 of the City Code was adopted (pursuant to Ordinance No. 2016-4019), in part, to mitigate the deleterious effects caused by high impact events on public property (the "High Impact Ordinance"); and WHEREAS, in order to mitigate such effects, Section 82-443 gives the City Manager independent authority, upon the City Manager's determination that a high impact event will occur (or is in progress), to impose certain immediate measures "to protect public property from damage, property degradation, and/or unauthorized uses;" and WHEREAS, at the April 10, 2019 City Commission meeting, Mayor Dan Gelber sponsored an amendment to the City's High Impact Ordinance which was intended to give the City Manager authority to impose additional measures during high impact events; and WHEREAS, the Ordinance amendment was presented by the Mayor, in conjunction with other proposed ordinances intended to provide the City Administration with a more effective set of "tools" to mitigate the negative effects, strain on the City's resources, and negative impact to the City's residents and businesses, resulting from intense, heavily attended events during high impact periods (including, without limitation, Spring Break and Memorial Day weekend); and WHEREAS, after extensive discussion and public comments, the City Commission adopted the proposed amendments to the High Impact Ordinance on first reading; however, the Ordinance was referred to the Neighborhoods and Community Affairs Committee between first and second reading with,the direction that the Committee review the definition and criteria for declaring a "high impact event;" review the City Manager's prescribed authority with regard to the measures he could impose without City Commission approval during such periods; and that the City Attorney's Office work with the Administration in "streamlining"the Ordinance, so that it could be more effective for its intended purpose; and WHEREAS, the Neighborhoods and Community Affairs Committee (NCAC) heard the item at its April 24, 2019 meeting and, at that time, accepted recommendations proffered by Commissioner (and NCAC Chairperson) Michael Gongora and the City Attorney's Office, which resulted in the following amendments for second reading: • limiting application of the Ordinance to a "High Impact Zone" within the City, which would include the City's public beaches, and the Entertainment District; • changing the term "High Impact Event" to "High Impact Period," and refining the definition of what constitutes a High Impact Period (within a High Impact Zone); • refining the measures that the City Manager can take once he has provided written notice to the Mayor and City Commissioners and declared that a High Impact Period exists (within the High Impact Zone); and • providing for a duration to the City Manager's measures of 72 consecutive hours (after which, the City Manager must seek the City Commission's approval to extend); and WHEREAS, it is recommended that the Mayor and City Commission adopt such measures, as set forth herein, to further protect the public beaches and City property during High Impact Periods, and to mitigate the adverse and deleterious effects that certain activities during High Impact Periods can have upon the City's resources, residents and businesses. 2 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Division 1 of Article V of Chapter 82 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE V. BEACHES * * * DIVISION 1. GENERALLY * * * Sec. 82-443. High impact periods within High Impact Zones (a) Definitions. "High Impact Zone"means - _ '__._:._::___._...'--_:_____.____ _'-:-_-- _-=_ of tho City of Miami Booth that may bo impacted by a high impact event Fac dofinod boroin) ,fi) the public beach property between the Mean High Water Mark and the Erosion Control Line • - - -- • --•- -- --- -- - - -- - - - _-- --, which is the subject of the Management Agreement for Certain Lands No. 750-006 between the City of Miami Beach and the Trustees of the Internal Improvement Trust Fund of the State of Florida, _ ____- 2.= - -= _ --=_- -- - - ---==-= --=_= and/or (ii) the MXE mixed use entertainment district, excluding that portion of the MXE District located between 73rd and 75th Streets; and/or (iii) that portion of the CD-2 commercial, medium intensity district between Pennsylvania Avenue and Collins Court, from 5th Street to 16th Street-and-extended. High impactperiod means _ - _ = t-- _ _ _ -_---s-s-s _ -- _' . : ,.,• .. • (1) An event, activity or period of time within a High Impact Zone for which no City issued special event permit has been granted, and either (i) in the prior calendar year, generated attendance of more than 10,000 people;; or (ii) if it is the first occurrence of an event, activity or period of time, it is expected-to generate attendance by mono than 5,00.0 pooplo for an aroa of boach proporty that oxtondc loco than 15 City blocks from south to north of more than 10,000 people, as determined by the City Manager;, in his reasonable discretion; or (2) City parking tote and garagoc in an aro-a within a 1Z block r-adiuc of an avant that is hold 3 (3) An event that is held pursuant to a City-issued special event permit=t which is expected to result in attendance by more than 25,000 people within a High Impact Zone isfeiaeftw, as determined by the City Manager, in his reasonable discretion. . isTeiseror (b) City Manager's authority to impose immediate measure(s) feduring high impact periods ems. Whenever the City Manager determines that a high impact eperiod in a High Impact Zone end will occur, or is in progress, one or more of the following immediate measures may be imposed on beach property to protect the-the public health, safety and welfare including, without limitation, the protection of public and private property - _ _ _:==_- ==- = _ = '- - __._... = _- :- -:-__--_ _ from damage, imaperty degradation, and/or unauthorized uses: (1) The prohibition of any direct or indirect consumption of alcohol on public beach property. (2) The limitation of live or amplified music, including those exemptions set forth in Section 46-157 of this Code. (3) The limitation of traffic routes to prohibit vehicular access to non-residents, and permit access only for residents and those patrons and employees of businesses located in the specific area where traffic routes have been limited. •_ e ••••• ••• • -• , - _, •- (4) The establishment of occupancy limits for different segments of public beach property, and prohibiting access to those areas that have reached those occupancy limits.T#e 157 of this Code. (5) The prohibition of coolers and inflatable devices on public beach property.Te limitation (6) The prohibition of tents, tables, and similar structures. •- -- - - -•••-• - • •^- welt aFeAsi=t4e=ganer=a1=publi& (7) The implementation of a license plate reader police detail, which may be utilized on eastbound traffic lanes of the MacArthur Causeway, Julia Tuttle Causeway, and on any other access points into the City. -- : a-.a. = = - - - = -: _ _--- : =- 4 (8) The suspension, or the issuance, of a business tax receipt to promoters pursuant to Section 102-360(2), (3), and (4) of this Code. (10)The suspension and closure of all or part of sidewalk café operations (including: without limitation, the removal of all or any sidewalk café furniture) pursuant to Section 82- 381(e)(i) of the Code. (c) Notification of high impact perbslevefft measures. When one or more immediate measures are implemented by the City Manager pursuant to subsection (b) above, the City Manager shall provide written notice to the Mayor and City Commissioners of the measures he intends to take, including their intended duration; provided, however, that the City Manager shall not implement such measures for a consecutive period of more than 72 hours without calling an emergency meeting of the City Commission and getting the City Commission's approval to extend. Notice shall also be __ _ ••>_ __ __ -e •_ _ _ _ •_ _ __ ' '3e _ provided to appropriate news media for publication and to local radio and television stations for broadcast, as well as posted on the City's website. If practicable, signs may be posted in the impacted area(s) advising of the measures during the duration of such measures. (d) Enforcement; penalty. Any violation of the measures imposed pursuant to subsection 82- 443(b) above shall be punished as provided in sSection 1-14 of this Code. 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, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 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. 5 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the /8 day of P/¢1 , 2019. PASSED AND ADOPTED this 11 day of my , 2019. ATTEST: v -11/01/ 4f !,711 Dan Gelber a or Y Ra ael E. ranado, City Clerk Underline denotes additions; Str ough denotes deletions Double underline denotes additions after First Reading denotes deletions after First Reading (Sponsored by Mayor Dan Gelber) APPROVED AS TO , FORM&LANGUAGE iaeb, �� �+ &FOR EXECUTION Dt° %.,06„. .(--- ,,,,iiii ,' * ..7. City Attorney Date INCO ..RP pRArp' X26 1 6 IAMI BE - OFFICE OF THE CITY ATTORNEY RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR DAN GELBER MEMBERS OF THE CITY COMMISSION SECOND READING JIMMY L. MORALES, CITY MANAGER FROM: RAUL J. AGUILA, CITY ATTORNE p,L DATE: MAY 8, 2019 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE V, ENTITLED "BEACHES," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 82-443 THEREOF, ENTITLED "HIGH IMPACT EVENTS ON BEACH PROPERTY," IN ORDER TO EXPAND THE AUTHORITY OF THE CITY MANAGER TO IMPOSE ADDITIONAL IMMEDIATE MEASURES FOR HIGH IMPACT EVENTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. On April 10, 2019, after extensive discussion and public comment, the City Commission adopted an Ordinance on first reading, sponsored by Mayor Dan Gelber, amending the City's existing legislation, as codified in Section 82-443 of the City Code, pertaining to High Impact Events occurring on public property. The Ordinance was referred to the Neighborhoods and Community Affairs Committee between first and second reading, with the direction that the Committee review the definition and criteria for declaring a "high impact event," as well as to review the City Manager's prescribed authority with regard to the measures he could impose without City Commission approval during such periods. The Neighborhoods and Community Affairs Committee heard the item at its April 24, 2019 meeting and, at that time, accepted recommended amendments proffered by Commissioner(and NCAC Chairperson) Michael Gbngora and the City Attorney's Office. Those amendments were subsequently discussed with Mayor Gelber who, after reviewing same with the City Attorney's Office, has agreed to their inclusion into the Ordinance on second reading. / The proposed amendments are summarized as follows: 1. In Section 82-443(a), the term "Beach property" has been changed to "High Impact Zone." This is significant because the definition of such term has been substantially narrowed to comport with the direction provided by the City Commission and NCAC; that is, to capture Commission Memorandum May 8, 2019 Page 2 of 3 and encompass the most immediate areas within the City where these high impact events or periods are occurring. As drafted in the original legislation for Section 82-443 in 2016, the term "beach property" encapsulated the City's public beaches. The first reading version of the Ordinance on April 10, 2019, expanded the term to include not only the beaches, but all City/public property located within the municipal boundaries of the City of Miami Beach. The City Commission expressed the concern that this definition may have been overbroad. Now, the renamed and redefined term, "High Impact Zone," means only the beaches and the "Entertainment District" (i.e. those areas of concern in the South Beach area of the City where the most intense, large scale "high impact" events have historically occurred). The "Entertainment District" is generally defined as Ocean Drive, from 5th to 15th Streets; and Collins Avenue, from 5th to 16th Streets; and Washington Avenue, from 5th to 16th Streets. 2. The term "High Impact Event" in Section 82-443(a), has been renamed "High Impact Period"to encompass any event, activity or period of time occurring (or in progress)within a High Impact Zone. 3. The City Manager previously had eight (8) different criteria, the occurrence of any one (1) of which could be utilized to declare a "High Impact Event." Now, however, the criteria within which the City Manager can declare a High Impact Period is confined to: a. an unpermitted event, activity, or period of time, within a High Impact Zone, that in the prior year generated (or if there was no event in a prior year, is expected to generate) attendance by more than 10,000 people; or b. a specially permitted event, within a High Impact Zone, that is expected to result in attendance by more than 25,000 people. 4. With regard to the City Manager's authority to impose immediate measures for High Impact Periods within High Impact Zones, the first reading version of the Ordinance provided ten (10) measures which could be immediately implemented upon the City Manager's determination. For second reading, those measures (of which there are now nine (9)) have also been refined, and include the ability to suspend the issuance of business tax receipts to promoters, and suspend, or close, all or part of a sidewalk café. (These last two measures are presented in separate Ordinances which are also before the City Commission on second reading at the May 8, 2019 Commission meeting). 5. Finally, in Section 82-443(c), the City Manager is required to provide written notice to the Mayor and City Commission before declaring a High Impact Period, setting forth those measures he intends to take and their intended duration. Additionally, the City Manager is now only authorized to implement such measures for a maximum period of seventy-two (72) consecutive hours, and must call an emergency meeting of the City Commission to seek the Commission's approval to extend such measures (beyond 72 consecutive hours). Commission Memorandum May 8, 2019 Page 3 of 3 The amended Ordinance has been refined on second reading to: (i) provide for a narrower geographic area of applicability, by defining the term "High Impact Zone"to only include the City's beaches and the Entertainment District in South Beach; (ii) refine the criteria that defines a "High Impact Period"; (iii) address the most immediate and necessary measures that the City Manager can take during a High Impact Period; and (iv) limit the City Manager's authority to a specific duration (i.e. 72 hours), after which City Commission approval would be required to continue any imposed measures. The re-drafted Ordinance has resulted in a better, balanced version than the current version in the City Code, and the version presented on first reading, and I recommend that the City Commission adopt same on second and final reading. RA/AB/sp Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: May 8, 2019 1:32 p.m. Second Reading Public Hearing SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE V, ENTITLED "BEACHES," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 82-443 THEREOF, ENTITLED "HIGH IMPACT EVENTS ON BEACH PROPERTY," IN ORDER TO EXPAND THE AUTHORITY OF THE CITY MANAGER TO IMPOSE ADDITIONAL IMMEDIATE MEASURES FOR HIGH IMPACT EVENTS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) RECOMMENDATION Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber Page 442 of 1102