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LTC 048-2024 Spring Break 2024MIAMI BEACH OFFICE OF THE CITY MANAGER LTC# 048-2024 LETTER TO COMMISSION TO: FROM: Honorable Mayor Steven Meiner and Members of the City Commission Alina T. Hudak, City Manag� DATE: February 12, 2024 lf\ 1 \ SUBJECT: Spring Break 2024 The purpose of this Letter to Commission {L TC) is to provide a comprehensive update on the City's preparations for Spring Break 2024. Pursuant to City Commission direction, our Spring Break 2024 strategy will focus on public safety, including high-impact measures that will be imposed along with traffic and staffing plans. Multiple City depar tments have been meeting weekly to ensure we will implement a coordinated major event plan to maintain safety and resident quality of life. Based on college schedules, all of March 2024 has been identified as a high-impact period for Miami Beach. March 7-10 and March 14-17 are expected to generate the largest crowds and highest impacts. As such, additional measures will be taken during these two periods. For the entire month of March, the following high-impact measures will be in place every Thursday through Sunday: •A flat parking rate of $30 will be in effect at city parking garages and surface lots in the Entertainment District, including the garages at 7 Street and Collins Avenue (G1 ), 12 Street and Washington Avenue (G2), 13 Street and Collins Avenue (G3), and 16 Street between Collins and Washington avenues (G4). The flat parking rate and 6 p.m. entrance restriction does not apply to residents, access card holders or authorized employees. The flat parking rate is expected to increase to $100 on the two higher-impact weekends as detailed on the following page. •The nonresident towing rate will be $516 -double the normal rate -for vehicles towed in South Beach within the boundaries of 23 Street and Dade Boulevard on the north (including properties fronting the north side of 23 Street or Dade Boulevard), Government Cut on the south, Biscayne Bay on the west, and the Atlantic Ocean on the east. •Beach entrances on Ocean Drive will be limited to 5, 10 and 12 streets and will have security checkpoints to ensure prohibited items do not enter the beach. These entrances will also close at 6 p.m.Coolers, inflatable devices, tents, tables and similar objects will not be permitted on the beach. Amplified music without a city-issued permit will also be restricted. As a reminder, alcohol and cigarette smoking are always prohibited on our beaches. •Packaged liquor stores in the Entertainment District are always required to close at 8 p.m. 1 • T h e M ia m i B e a c h P o lic e D e p a rt m e n t (M B P D ) w ill im p le m e n t a traffic plan beginning at 6 p.m. each Friday through Sunday to reduce traffic impacts around the South of Fifth (SOFI), West Avenue and Flamingo Park neighborhoods. Motorists can access the SOFI neighborhood via Alton Road, Washington Avenue and Collins Avenue. The Flamingo Park neighborhood can only be accessed via Alton Road. Local access restrictions will be enforced on some city streets to limit traffic and improve mobility for residents and business patrons. Additionally, during March 7-10 and March 14-17, the following high-impact measures will be implemented: • An amendment to the high-impact ordinance regarding increasing parking rates to $100 for March 7-10 and March 14-17 was approved at first reading on January 31 for city parking garages and surface lots in the Entertainment District, including the garages at 7 Street and Collins Avenue (G1 ), 12 Street and Washington Avenue (G2), 13 Street and Collins Avenue (G3) and 16 Street between Collins and Washington avenues (G4). Second reading will be heard on February 21. Entry to the aforementioned parking garages will also be restricted from 6 p.m. to 7 a.m. The parking garage closures will not apply to residents, access card holders and authorized employees. MBPD will be present at each city-owned parking garage during these high-impact weekends. • Sidewalk cafes on Ocean Drive will be closed on March 8-10 and March 15-17. • The Miami Beach Police Department will implement a License Plate Reader (LPR) detail on the eastbound lanes of the MacArthur and Julia Tuttle causeways on March 8- 10 and March 15-17 at 6 p.m. with set up commencing at 5 p.m. Motorists should expect significant traffic as eastbound travel lanes will be reduced on the MacArthur and Julia Tuttle causeways. MBPD will also have an LPR detail along the 5th Street corridor on March 22-24 starting at 6 p.m. with set up commencing at 5:30 p.m. • A Driving Under the Influence (DUI) sobriety checkpoint will be in place along the 400 block of 5 Street starting at 5 p.m. over March 8-9 and March 15-16. • Businesses renting or leasing golf carts, low-speed vehicles, autocycles (i.e. slingshots), motorized scooters, mopeds, motorcycles powered by motors of 50cc or less and motorized bicycles will be suspended from operating on March 7-10 and March 14-17. • Ocean Drive will only be accessible to vehicles via 13 Street with a sole exit at 5 Street on March 7-10, March 14-17 and March 21-24. Barricades will line both sides of Ocean Drive to reduce the potential of pedestrians coming into contact with motor vehicles. City Staffing Department staffing levels for Miami Beach Police, Fire Rescue, Ocean Rescue, Code Compliance, Park Rangers, Parking and Sanitation will be significantly enhanced throughout March as detailed below. Goodwill Ambassadors will be deployed each weekend to provide information and welcome visitors. 2 T h e fo ll o w in g p ro v id e s a d d itio n a l d e p a rt m e n ta l in fo rm a tio n : P o lic e Residents, business owners and visitors can expect a heightened police presence throughout the month of March. MBPD will operate with extended hours and augmented staffing, using an enhanced Alpha/Bravo scheduling configuration to deploy more officers during peak days and times. Police staffing will be reinforced with support from various external law enforcement agencies, including the Florida Department of Law Enforcement, Florida Highway Patrol, Miami-Dade Police Department, Miami-Dade Schools Police Department and other municipal law enforcement agencies. Uniformed officers will proactively patrol in vehicles, on ATVs, bicycles and on foot. Additionally, in a continued collaborative effort with the U.S. Coast Guard and the Florida Fish and Wildlife Commission, MBPD's Marine Patrol will enforce all applicable laws along the City's waterways. Goodwill Ambassadors wearing branded "Take Care of Our City" pink t-shirts will be deployed throughout the Entertainment District to answer visitor questions, provide directions and give tips on how to enjoy the city. We are also prepared to implement special event zones, as outlined in section 316.1891 of Florida's Statutes, provided certain criteria are met. These designated zones target unpermitted temporary activities or events drawing 50 or more attendees, which pose disruptions to normal traffic flow. Within these zones, the city holds the authority to impose doubled fines for traffic infractions and has the option to impound vehicles for violations. Furthermore, law enforcement retains the ability to temporarily enforce occupancy limits within special event zones, with associated costs potentially recoverable from event promoters or organizers. Fire The Miami Beach Fire Department will have augmented staffing throughout South Beach. Fire Inspectors will conduct nightly inspections on weekends throughout the Entertainment District. Ocean Rescue will double staff lifeguard towers between 4 and 14 streets as needed. The 911 Call Center will have additional dispatchers on duty dedicated to South Beach calls. Emergency Management will monitor activities at a Level 2 activation. Code Compliance The Code Compliance Department will have enhanced staffing to include foot patrols, ATVs and bicycle patrols in addition to proactive patrols citywide, including our dedicated Short-Term Rental (STR) team. Coverage at the Miami Beach Marina will be increased to seven days with 12-hour shifts. Teams will also be conducting outreach to nightclub owners to remind them of regulations on promoted and self-promoted events. Scooter shops will also receive outreach visits regarding scooter regulations. The City's Noise Ordinance will be aggressively enforced subject to provisions in any Conditional Use Permits or Temporary Injunctions. Parking We will have enhanced parking enforcement and increased towing of illegally parked vehicles throughout March with priority given to residential areas. Parking will be restricted on Collins Avenue from 5 Street to Espanola Way and Washington Avenue from 5-16 streets starting at 5 a.m. from March 7-11, March 14-18 and March 21-24. Parking along the 100 blocks from 6-14 streets will be restricted 24 hours per day from March 7- 3 11, M arch 14-17 and March 21-24. Residential Zone 5 parking perm it holders are exempt from these restrictions, unless noted w ith posted signage. Parking along the 200 blocks from 6-15 st reets will be restricted nightly from 6 p.m .- 7 a.m. from M ar c h 7-10, March 14-17 and March 21-24. Residential Zone 5 parking perm it holders are exem pt from these restrictions, unless noted w ith posted signage. Transportation and Mobility T ransportation and Mobility Departm ent staff will monitor throughout each weekend traffic flows and pro vide tim ely traffic updates. They w ill work with the Police Departm ent and Office of M arketing & C om m unications to help manage congestion and disseminate inform ation on major traffic incidents thro ughout the City. A dditionally, the City's traffic m onitoring and managem ent contractor will monitor major thoro ughfa res to detect incidents creating congestion using available resources and equipment, incl uding existing closed-circuit television and portable cameras in the city, the W AZE mobile application, pro gram m ing portable variable message signs for traffic/event messaging, and modifying traffic signal tim ing as necessary to help manage congestion. Traffic Monitors will operate at an enhanced level of serv ice, 16 hours a day, from 9 a.m. to 1a.m. from March 7-11 and M ar ch 14-17. Beyon d those dates and tim es, the traffic m onitoring services will continue from 7 a.m . to 9 p.m . every day during the high-im pact period. T raffic m onitoring personnel will be located at the Miam i Beach Traffic Managem ent Center (TMC) co-located at the Florida Departm ent of Transportation (FO O T) TM C . The City's traffic monitors will coordinate w ith FO O T TM C staff on any incidents affecting traffic flow along the causeways to pro m ptly dispatch R oad Rangers and pro gram real-tim e traffic messages on the overhead digital message boards on I-95, State Road 836 / 1-395 / MacArthur Causew ay, and State Road 112 / 1- 195 / Julia Tuttle C ausew ay. The M iam i Beach free cityw ide tro lley service will operate an enhanced service, with one additional vehicle operating on the South Beach Loops A and B and tw o additional vehicles operating on the C ollins Express (fo r a total of fo ur additional vehicles in serv ice). The enhanced trolley service will operate from 8a.m . to 1a .m . from March 8-11 and March 15-17. Parks and Recreation Department Miam i Beach Park R angers, maintenance and janitorial staff will have expanded service hours and increased personnel assignm ents. The core areas of focus will be the Lummus Park/South Pointe Park corridor, O cean Drive and the Beachw alk south of 21 Street. Park Rangers will pro vide assistance on the beach as needed along w ith enforcem ent partners (MBPD, O cean Rescue, C ode, etc.). Sanitation S anitation w ill have enhanced staffing each Thursday thro ugh Sunday in March, with additional pressure w ashing and mobile street sw eeping being conducted on weekends as needed. In coordination w ith Miam i-Dade County, Sanitation staff will also be assisting in shoreline cleanups each Thursday thro ugh Sunday during the Spring Break period. Resident and Business Outreach A com prehensive public outreach plan is underw ay and began in O ctober 2023 with a m ailed letter to all South Beach businesses w ith a valid Business Tax Receipt (BTR)- info rming of a potential curfew and other anticipated spring break-related im pacts (refer to attached). A business-focused info rm ation w ebinar was held virtually on Thursday, February 8. 4 Miam i Beach Police will be hosting their annual hotel sym posium focused on public safety on T uesday, February 13 at 1 p.m . at the Loew s M iam i Beach Hotel. A resident-fo cused info rm ation w ebinar to share spring break traffic impacts and public safety measures w ill be held virtually on Thursday, February 22 at 6 p.m . Marketing and Communications T he O ffice of Marketing & Com m unications, in close collaboration with the G MCVB and their agency of recor d VM L, has launched a marketing campaign aim ed at notifying potential spring breakers that Miam i Beach will not tolerate disorderly behavior. The cam paign, "Miami Beach is Breaking up with Spring Break," is underw ay with targeted digital advertising throughout Florida f ocusi ng on our tri-count y area, in-state college tow ns, G eorgia and other popular college fly-in m arkets. The message is clear that Miam i Beach is no longer a place for raucous behavior, and that our law s and regulations w ill be fully enfo rced. The communications plan will amplify the additional measures being taken during the high-im pact period in an effort to dissuade college-age spring breakers from com ing to M iam i Beach during this tim e. C oncurrently, the city has relaunched the "Take Care of Our City" safety campaign for Miami Beach visitors - highlighting various offerings thro ughout the City and reminding visitors to obey local rules w hile enjoying Miam i Beach responsibly. The campaign features a netw ork of local residents, celebrities and business ow ners, including DJ Irie, Romero Britto, Michael Schwartz, P urple and Kellie W illiam s. The m arketing collateral includes QR codes linking to www .O urC ityM B .com . The G M C V B also hosts www .TakeCareM B.com, which pro vides similar info rm ation and messaging fo r consistent com m unications acro ss the County. T he "Take Care of O ur City" cam paign is using m ultiple channels to deliver our m essage, including digital w eb banners, targeted social m edia posts, bus shelters and tro lley wraps that engage our visitors at various points of interaction. Barricade covers along with beach and park entrance signage w ill be branded to reflect the campaign. Conclusion Understanding that many spring breakers will continue with their Miami Beach travel plans regardless of our efforts, law lessness will not be tolerated. Please note that pursuant to Resolution No. 2024-32899 (ref er to attached), a curfew w ill be sw iftly implem ented if necessary . W e feel confident th at our pro active measures will help ensure a safe and enjoyable experience. City departm ents will be ready to m ake any necessary adjustm ents as needed to the afo rem entioned plan. W e plan to host a press conference to reiterate our message to the news media on Thursday, February 15 at Miami Beach Police Headquarters at 3:30 p.m. and hope you w ill attend. T hank you fo r your ongoing support. A TH A ttachm ents: • Letter to South Beach businesses • Curfew R esolution No. 2024-32899 5 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov October 9, 2023 RE: Advance Planning for Businesses for March 2024 Dear Business Owner: As every established business owner knows, the City of Miami Beach experiences significant crowd control challenges during spring break every year. This time period places an extraordinary strain on public safety personnel and businesses alike, with the same public safety challenges, in the same area, on the same weekends - year after year. Please find enclosed a copy of Resolution No. 2023-32557 and Ordinance No. 2023-471 that were approved by the Mayor and City Commission. Resolution No. 2023-32557, approved on March 27. 2023. endorses any action on the part of the City Manager to declare a State of Emergency, in accordance with Florida law, for the entire area south of Dade Boulevard/23rd Street. This endorsement is in advance of March 2024 and includes, if necessary, the imposition of a curfew from March 8, 2024 through March 18, 2024 (or portions thereof). This period is one during which the City has historically experienced threats to public safety due to excessively large crowds and life-threatening violence on the City's streets. Ordinance No. 2023-4571, effective September 23, 2023, updated the city's existing high impact ordinance, granting the City Manager exclusive authority to safeguard the City during periods of significant visitor influx, known as high impact periods. A high impact period is defined as either an unpermitted event, activity, or period of time within a zone with expected attendance to exceed 10,000 people or permitted special event which is expected to result in attendance by more than 25,000 people within a zone. Since its implementation, the ordinance has played a vital role in preserving the well-being and safety of our residents, businesses, and visitors. To assist you in your planning, contracting, and staffing decisions for March 2024, this letter and the attached resolution and ordinance shall serve as advance notice to you that the City of Miami Beach may declare a State of Emergency and/or high impact period for all areas south of Dade Boulevard/23 Street during the above-referenced period. While we want to assure you that any emergency measures (such as a curfew) or high impact measures will only be imposed if the circumstances require it, as assessed nearer to or during this period, we also want to remind you that similar declarations have been imposed over each of the past four years, in order to maintain public safety and order in our City. Should you have any questions, please email outreach @miam ibeachfl.gov. We thank you in advance for your cooperation. RESOLUTION NO. 2023-32557 A RESOLUTION OF THE MAYOR AND CITY CO M M ISSIO N OF THE CITY OF MIAMI BEACH, FLORIDA, ENDORSING, IN ADVA NCE OF SPRING BR EA K 2024, THE CITY MANAGER'S INTENT TO DEC LARE A STATE OF EM ERGENCY FOR THE AREA SOUTH OF DA DE BOULEVA RD/23R D STREET IN ACCORDANCE W ITH CHAPTER 252 OF THE FLORIDA STATUTES, FOR A TOTAL POSSIBLE PERIOD UP TO THE STATUTORILY ALLOW A BLE 42 DAYS IF AUTHORIZED BY THE MAYOR AND CIT Y COMM ISSION AT THAT TIM E, INCLUDING ANY DETERMINATION ON THE PART OF THE CITY MA NA GER THAT THE IMPOSITION OF A CURFEW FO R LIM ITED PERIODS IN MA RCH OF 2024 IS NECESSARY TO PROVIDE FOR PUBLI C SA FETY A ND ORDER IN THE CITY, IN PARTICULA R DURING THE PERIOD W HIC H MA Y PO TENTIA LLY INCLUDE MARCH 7, 2024 THRO UG H MA RCH 18, 2024 OR PORTIO NS THEREOF, W HICH IS THE PERIOD THE CITY HA S HISTORICA LLY EXPERIENCED THREATS TO PUBLI C SA FETY DUE TO EXCESSIVELY LA RGE CROW DS AND LI FE-THREATENING VIO LENCE; AND FURTHER , DIRECTING THE ADM INISTRA TION TO MAIL A CO PY OF THIS RESOLUTIO N TO ALL ESTABLISHMENTS IN THE AFFECTED AREA , AND URGING ESTABLI SHMENTS TO GOVERN THEMSELVES ACCO RDING LY, IN ANTICIPATION OF PO TENTIAL CURFEW S IN MA RCH , 2024. W HEREAS, the City of Miami Beach (the "City") is an internationally renowned tourist destination that is famous for its beautiful beaches, world-class shopping, entertainment, fine dining, and vast array of artistic and cultural events; and WHEREAS, in recent years, the City has seen an increasingly large number of visitors during the Spring Break period, which has posed significant challenges including, but not limited to, extreme traffic and congestion, and severe impacts to the City's Police, Fire, Sanitation, and Code Compliance services; and WHEREAS, many of the visitors to the City during high impact periods, such as Spring Break, are under the influence of alcoholic beverages and have demonstrated a blatant disregard for the rule of law; and WHEREAS, in 2021, unruly crowd control issues during Spring Break resulted in the imposition of emergency measures, including an 8:00 pm. curfew in the area between 5" Street and 16" Street, from Pennsylvania Avenue to Ocean Drive; and WHEREAS, in March 2022, the City also experienced massive crowds and several shootings in a concentrated tourist area over a period of a few days, resulting in the declaration of a state of emergency and imposition of a weekend midnight curfew for the last weekend of March, 2022, based upon the excessively large crowds and violence occurring on the [second and] third weekend of March, 2022; and W HEREAS, such 2022 incidents included the shooting of 5 different innocent pedestrians and created stampedes and mayhem in the public streets and rights-of-way; and WHEREAS, also in 2022, the Police Department and its law enforcement partners impounded one-hund red (100) firearm s from February 18, 2022 - March 21, 2022, with approximately thirty-seven (37) of such firearms having been impounded during the third weekend in March spanning March 18- 20; and WHEREAS, in March 2023, the City experienced multiple fights, shootings, and various other incidents and police calls for service-for example, for the period betw een February 27, 2023 and March 18, 2023, there were four (4) aggravated assault arrests, three (3) aggravated battery arrests, seven (7) robbery arrests, twenty (20) arrests for carrying a concealed firearm, thirty-seven (37) felony drug arrests, twelve (12) arrests for battery on a law enforcement officer, and eighty-two (82) arrests for other felonies; and WHEREAS, in addition, the Police Department and its law enforcement partners have impounded over seventy (70) firearm s from February 27, 2023 - March 19, 2023; and WHEREAS, such March 2023 incidents include tw o (2) shootings that occurred the weekend of March 1 71h, which resulted in two (2) fatalities and injuries to others, and which also created stampedes that caused injuries to several people, including two (2) volunteer goodwill ambassadors, and all of which pose a danger to public safety and order in the public streets and rights-of-way; and WHEREAS, in response to each of the two (2) deadly shootings, officers were able to arrive on the scene within a matter of seconds, but nevertheless were unable to prevent the shootings (and were, themselves, endangered by their close proximity to the shootings); and WHEREAS, if each of the shootings had occurred only moments earlier or later, police officers in the area could have been caught in cross-fire; and WHEREAS, despite the vast and highly-visible police presence in the City, criminals and their illegal behavior continued undeterred; and WHEREAS, there is a clear pattern of unreasonably large and uncontrollably unruly crowds, general mayhem, and violence (including deadly violence) that takes place in the City during every recent Spring Break season; and WHEREAS, the Mayor and City Commission desire for the City to be proactive in preventing mayhem, violence, and uncontrollably unruly crowds that have statistically occurred in the City every March Spring Break period; and WHEREAS, pursuant to Section 26-31 of the City Code, if the City Manager determines that there has been an act of violence or a flagrant and substantial defiance 2 of or resistance to a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the City, the City Manager may declare that a state of emergency exists within the City's territorial jurisdiction; and W HEREAS, the City Manager is authorized, pursuant to Section 26-33 of the City Code, to order and promulgate any (or all) of those discretionary emergency measures set forth therein, in whole or in part, with such limitations and conditions as the City Manager may deem appropriate; and WHEREAS, pursuant to Section 26-35 of the City Code, the duration of such discretionary emergency measures is limited to a period of seventy-two (72) consecutive hours, unless an extension is authorized by the City Commission by duly enacted ordinance or resolution in a regular or special session; and WHEREAS, pursuant to Chapter 252 of the Florida Statutes and, more specifically, Florida Statutes 252.38 and 252.46, the City also has the power and authority to declare a local state of emergency and promulgate emergency orders to protect the health and safety of persons and property, and to make, amend and rescind such orders and rules as are necessary for such purposes; and W HEREAS, Florida Statute 252.38 also requires that any such emergency order enacted by the City, pursuant to Chapter 252, must be narrowly tailored to serve a compelling public health or safety purpose, and must also be limited in duration (of no more than 7 days, except that an emergency order may be extended by a majority vote of the governing body of the political subdivision, as necessary, in 7-day increments for a total duration of not more than 42 days), applicability, and scope in order to reduce any infringement on individual rights or liberties to the greatest extent possible; and WHEREAS, the Mayor and City Commission wish to endorse, in advance of Spring Break 2024, the City Manager's intent to issue a State of Emergency for the area south of Dade Boulevard/23rd Street, including a curfew, spanning the two busiest, high impact weekends (the second and third weekends of March) that the City has historically experienced during March Spring Break; and W HEREAS, the exact time and area of the curfew shall be professionally determined by the City Manager in consultation with the Chief of the Police Department and the City Attorney's Office; and WHEREAS, the Mayor and City Commission recognize that the City Manager has the authority and discretion, pursuant to Section 26 of the City Code and Chapter 252 of the Florida Statutes, to determine and impose measures as may be determined necessary for public welfare and safety: and 3 WHEREAS, this proactive endorsement is based on the clear factual record of the same issues with crowd control, arrests, and deadly violence that have occurred in the same geographic area and same time period for three consecutive years; and WHEREAS, the actual Declaration of Emergency for the specific period of March 2024 Spring Break shall be issued at a later date, in accordance with Section 26-31 of the City Code and Chapter 252 of the Florida Statutes; and WHEREAS, City staff shall take steps to send the notice of the City Manager's intent to declare a state of emergency during March 2024 Spring Break to all affected establishments as early as possible to give them the opportunity to prepare for the emergency measures. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby endorse, in advance of Spring Break 2024, the City Manager's intent to declare a state of emergency for the area south of Dade Boulevard/23rd Street in accordance with chapter 252 of the Florida Statutes, for a total possible period up to the statutorily allowable 42 days if authorized by the Mayor and City Commission at that time, including any determination on the part of the City Manager that the imposition of a curfew for limited periods in March of 2024 is necessary to provide for public safety and order in the City, in particular during the period which may potentially include March 7, 2024 through March 18, 2024 or portions thereof, which is the period the City has historically experienced threats to public safety due to excessively large crowds and life-threatening violence; and further, direct the Administration to mail a copy of this Resolution to all establishments in the affected area, and urge establishments to govern themselves accordingly, in anticipation of potential curfews in March, 2024. PASSED and ADOPTE D this 2l _day¢ /harccl I 2023. ATTEST: Dan Gelber, Mayor (sponsored by Commissioner Alex J. Fernandez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION » t ) t City Attorney Date 4 I ORDINANCE NO. I 2023-4571 ---- 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 PERIODS WITHIN HIGH IMPACT ZONES," IN ORDER TO MODIFY THE GEOGRAPHIC BOUNDARIES OF A HIGH IMPACT ZONE, AND TO CLARIFY AND DELINEATE THE AUTHORITY OF THE CITY MANAGER TO IMPOSE IMMEDIATE MEASURES IN RESPONSE TO HIGH IMPACT PERIODS IN HIGH IMPACT ZONES; AND BY AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE SCHEDULE," TO PROVIDE FOR HIGH IMPACT PARKING AND TOWING RA TES CONSISTENT WITH THE AMENDMENTS IN SECTION 82-443; 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, arts 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 and activities, both authorized by City permits and otherwise, occur on the beaches and on the City's property; and WHEREAS, the City has seen an increasingly large number of visitors during these large-scale events and activities, and the sizeable number of individuals attending these events/activities has posed numerous challenges for the City; and WHEREAS, authorized and unauthorized uses of the beaches and City property during these events and activities have caused extensive damage, personal injury, property degradation, and have dramatically affected the quality of life of the City's residents; and WHEREAS, these supplemental measures will authorize the City Manager to implement additional specific and immediate measures to protect the beaches and the City's property; and WHEREAS, the Mayor and City Commission desire to adopt those additional measures, set forth herein, to further protect the beaches, City property and to ensure the public health, safety and welfare. 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 k # k A R T IC L E V . B E A C H E S k kt ¥ DIVISION 1. GENERALLY k k k Sec. 82-443. High impact periods within high impact zones. ( a) Definitions. High impact zone m eans: (1) The public beach prop erty betw een th e m ean hi gh water m ark and the ero sion contro l line, w hich is the subj ect of th e Managem ent Agre em ent for Certain Lands No. 750 006 betwe en th e Ci ty of Miam i Be ach-an d the Trust ees of the Inter nal -Improvem ent Trust Fund of the State of Florida, and/or Th e area(s) of the city, which may include the public beach pro perty , that the city manager designates as subject to a high im pact period. (2) The MXE mi xe d use entertainm ent district, excluding that portion of the MXE distri ct located betwe en 73rd and 75th Stre ets; an d/or (3) Tha t portion of the CD 2 commercial, me di um intensity district bet we en Pennsylvania A venue and Collins Court, from 5th Street to 16th Street High impact period m eans: (1) An event, activity or period of tim e w ithin a high im pact zone fo r which no city issued speci al event perm it has been granted, and eithe r (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 tim e, it is expected to generate attendance of more than 10,000 people, as determ ined by the city manager, in his or her reasonable discretion; or (2) An event that is held pursuant to a city -issued special event perm it, which is expected to result in attendance by more than 25,000 people within a high impact zone, as determ ined by the city m anager, in his or her reasonable discretion. N ote(s)-The city m anager's determ ination of a high impact period should be limited to a finite period ("72 96 hours"), unless oth erwi se ext en ded by the mayor and city commission. (b ) City manager's authority to impose immediate measure(s) during high impact periods. W henever the city m anager determ ines that a high im pact period in a high impact zone will occur, or is in pro gress, one or more of the fo llowing imm ediate m easures may be imposed to pro tect the public health, safety and welfare including, without limitation, the protection of public and private property from dam age, degradation, and/or unauthorized uses: (1) The pro hibition of any direct or indirect consum ption of alcohol on public beach prop er ty. The im plem entation of a high im pact parking rate equal to double the event flat rate otherw ise in effect. (2) Th e lim itation of live or am plified m usic, including those exemptions sot forth in section 46 157 of this Code. 2 T he im plem entation of a high im pact. non-resident tow ing rate equal to double the non-resident tow ing rate otherw ise in effect. (3) The lim itation of traffi c routes to pro hibit vehicular access to non-residents, and perm it access only fo r residents and those patrons and em ployees of businesses located in the specific area w here traffic ro utes have been lim ited. (4) The establishm ent of occupancy lim its for different segm ents of public beach pro perty and prohibiting access to those areas that have reached such occupancy lim its. (5) The pro hibition of coolers and inflatable devices on public beach pro perty. (6) The pro hibition of tents, tables, and sim ilar structures. (T) Th e impl em ent ation of a licen se pl at e re ader police detai l, which ma y be util ized on eastbound traffi c lan es of the MacAr th ur Causeway, Julia Tuttle-Ca usewa y, an d on any other access points into the city. T he closure of any segm ent(s) of the public beach property at 6:00 p.m., unless any such area is utilized fo r a ticketed special event. (8 ) T he suspension, or the issuance, of a business tax receipt to pro m oters pursuant to section 102-360 of this C ode. (9) The suspension and closure of all or part of sidewalk-caf~operations (including, without limitation , the- re m ova l of all or any sidewalk af~ furniture}, pursuan t-to subse cti on 82 381(e )(i) of th e C ode. The requirem ent that all sound am plification devices, other than cellular telephones, sm art w atches and those devices contained w ithin a motor vehicle, must obtain a perm it from the city prior to the use of any such sound am plification device on public pro perty. (c) Notification of high impact period measures. W hen one or m ore im m ediate measures are im plem ented by the city m anager pursuant to subsection (b) above, the city manager shall pro vide w ritten notice to the mayor and city com m issioners of the m easures he or she intends to take, including their intended duration; pro vided, how ever, that the city manager shall not im plem ent such m easures for a consecutive period of m ore th an 72 96 hours w ithout calling an em ergency meeting of the city com m ission and getting the city com m ission's appro val to extend. Notice shall also be pro vided to appropriate news media for publica tion and to local radio and television stations for broadcast, as well as posted on the city's w ebsite. If practicable, signs m ay be posted in the im pacted area(s) advising of the m easures during the duration of such measures. (d) Enforcement; penalty. Any violation of the m easures im posed pursuant to subs ection 82- 443(b) above shall be punished as provided in sect ion 1-14 of this Code. SECTION 2. Appendix A, entitled "Fee Schedule," is hereby am ended as pro vided in "Exhibit A" to this O rdinance. 3 S E C T IO N 3 . R E P E A L E R . All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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. 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 6. EFFECTIVE DATE. This Ordinance shall take effect on the 3 aay or >palm6 PASSED AND AD OPTED this _l2_ day or_Sp/mbe _,2023. , 2023. ATTEST: 7a6 SEP 2 0 2023 Dan Gelber, Mayor Rafael E. Granado, City Clerk Underline denotes additions Strikethrough denotes deletions (Sponsored by Mayor Dan Gelber) AP PRO VED AS TO FORM & LAN GUAGE- & FOR EXECUTION A"ju 4 EXHIBIT "A" APP EN DI X A - F E E S CH ED UL E FEE SCH EDUL E P ursu ant to se ction 1-15 of this C o de, this app en dix incl udes all fees an d char g es est ab lish ed b y th e city com mi s sio n th a t a re refer r ed to in th e indi c ated sections of th e C ode of O rdinan c es. C er t ai n sp e ci fied fee s and ch arg e s, as identifi ed herein, shall be sub j ect to annual adjustm ent by th e ci ty m an a g er, pursuant to th e provi si on s of s ection 1-15 and this Ap pend ix "A". A sch ed u le of all curre nt city fee s an d char g es as set forth in Ap pen dix "A" shall b e m aintai ne d on th e ci ty's website. .· ' . . S e c tion of this D e scripti on A m ount. An nual C o d e '' (S al es tax A djustm en t or oth er (R eference taxes m ay s show n . ' ap ply) are define d at the end of this App en dix A) Chapter 82._ Traffic and_ Veh icles $¥ * 4 . ' ' . a Article V. Beaches DiVISION 1. GENERA LLY 82-443(b )1) H igh imp a ct parking rate D oub le th e event flat rate .. otherw ise . ' in effect 82-443(b )2) High impact, non -r e sid ent toyi ng rate Do ubl e th e event flat ra te .. oth erwi se in effect 5