Ordinance 2024-4598 ORDINANCE NO.' 2024-4598
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 HIGH
IMPACT PARKING RATE TO A HIGH IMPACT PARKING RATE OF UP
TO $100.00, WITH AN EXCEPTION FOR RESIDENTS AND
EMPLOYEES OF LOCAL BUSINESSES; AND BY AMENDING
APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE SCHEDULE,"
TO REFLECT THE AMENDMENT 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, including a surge in
the number of vehicles seeking parking spaces; and
WHEREAS, the Mayor and City Commission wish to modify the high impact
parking rate to up $100.00, with an exception for residents and employees of local
businesses, to manage and regulate the demand for limited parking resources
effectively, and incentivize event attendees to' explore alternative transportation options
such as public transit, ridesharing, or carpooling.
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:
(1) The area(s) of the city, which may include the public beach property, that the
city manager designates as subject to a high impact period.
High impact period means:
(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 of more than 10,000 people, as determined by the city
manager; in his or her reasonable discretion; or
(2) An event that is held pursuant to a city-issued special event permit, which is
expected to result in attendance by more than 25,000 people within a high
impact zone, as determined by the city manager, in his or her reasonable
discretion.
Note(s)—The city manager's determination of a high impact period should be limited to
a finite period ("96 hours"), unless otherwise 'extended by the mayor and city
commission.
(b) City manager's authority to impose immediate measure(s), during high impact
periods. Whenever the city manager determines that a high impact period in a high
impact zone will occur, or is in progress, one,or more of the following immediate
measures may be imposed to protect the public health, safety and welfare
including, without limitation, the protection of public and private property from
damage, degradation, and/or unauthorized'uses:
(1) The implementation of a high impact parking rate of up to $100.00, with an
exception for residents and employees of local businesses equal to double tho
c icnt flat rate othcrwicc in effect.
(2) The implementation of a high impact, non-resident towing rate equal to double
the non-resident towing rate otherwise in effect.
(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.
2 _
(4) The establishment of occupancy limits for different segments of public beach
property and prohibiting access. to those areas that have reached such
occupancy limits.
(5) The prohibition of coolers and inflatable devices on public beach property.
(6) The prohibition of tents, tables, and similar structures.
(7) The closure of any segment(s) of the public beach property at 6:00 p.m., unless
any such area is utilized for a ticketed special event.
(8) The suspension, or the issuance, of a business tax receipt to promoters
pursuant to section 102-360 of this Code.
(9) The requirement that all sound amplification devices, other than cellular
telephones, smart watches and those devices contained within a motor vehicle,
must obtain a permit from the city prior to the use of any such sound
amplification device on public property.
(c) Notification of high impact period 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 or she 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 96 hours without calling an emergency meeting of
the city commission and getting the city commission's approval to extend. Notice
shall also be 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 section 1-14 of this
Code.
SECTION 2. Appendix A, entitled "Fee Schedule," .is hereby amended as provided in
"Exhibit A" to this Ordinance.
SECTION 3. REPEALER.
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.
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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 #2-- day of TOreA. , 2024.
PASSED AND ADOPTED this al day of lib rue, , 2024.
ATTEST: •
Steven Meiner, Mayor
/4. F!B ,2 3 2024
Rafael Granado, City Clerk ** c ''y
xow"" ti S
Underline denotes additions s INc°R? RATED.y
denotes deletions R -
(Sponsored by Commissioner Alex J. Fernandez)
Co-Sponsored by Commissioner David Suarez,
Co-Sponsored by Commissioner Joseph Magazine
Co-Sponsored by Mayor Steven Memer
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1- -0— z11
, City Attorney/, Date
4
EXHIBIT "A"
APPENDIX A- FEE SCHEDULE
FEE SCHEDULE
Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established
by the city commission that are referred to in.the indicated sections of the Code of Ordinances.
Certain specified fees and charges, as identified herein, shall be subject to annual adjustment
by the city manager, pursuant to the provisions of section 1-15 and this Appendix "A". A
schedule of all current city fees and charges as set forth in Appendix"A" shall be,maintained on
the city's website.
Section of this Description Amount Annual
Code (Sales tax Adjustment
or other (Reference
taxes may s shown
apply) are defined
at the end
of this
Appendix
A)
Chapter 82. Traffic and Vehicles
* * *
Article V. Beaches
DIVISION 1. GENERALLY
82-443(b)(1). High impact parking rate . up to.
$100.00,
with an
exception
for
residents
and
employees
• of local • .
businesses
Double the
event flat
rate . .
otherwise
in effect
Ordinances- R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: February 21, 2024
11:00 a.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," BYAMENDING DIVISION
1, ENTITLED "GENERALLY," BY AMENDING SECTION 82-443 THEREOF,
ENTITLED "HIGH IMPACT PERIODS WITHIN HIGH IMPACT ZONES," IN
ORDER TO MODIFY THE HIGH IMPACT PARKING RATE TO A HIGH
IMPACT PARKING RATE OF UP TO $100.00, WITH AN EXCEPTION FOR
RESIDENTS AND EMPLOYEES OF LOCAL BUSINESSES; AND BY
AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE
SCHEDULE," TO REFLECT THE AMENDMENT IN SECTION 82-443; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec. 2-481, includes
a principal engaged in lobbying? No
If so, specify name of lobbyist(s)and principal(s): N/A
ANALYSIS
The proposed Ordinance was approved on first reading at the January 31, 2024 City Commission
meeting. No changes have been made between first and second reading.
The Business Impact Estimate (BIE)was published on February 9,2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a "Residents Right Does this item utilize G.O.
Page 552 of 1278
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Alex Fernandez and Co-sponsored by Commissioners David Suarez and
Joseph Magazine
ATTACHMENTS:
Description
o Commission Memorandum
o Ordinance
Page 553 of 1278
MAM BEACH
Rafael A.Paz,City Attorney
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.9ov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FIRST READING
FROM: Rafael A. Paz, City Attorney
DATE: January 31, 2024
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 PERIODS WITHIN HIGH IMPACT ZONES," IN ORDER TO
MODIFY THE HIGH IMPACT PARKING RATE TO A HIGH IMPACT PARKING
RATE OF UP TO $100.00, WITH AN EXCEPTION FOR RESIDENTS AND
EMPLOYEES OF LOCAL BUSINESSES; AND BY AMENDING APPENDIX "A"
OF THE CITY CODE, ENTITLED "FEE SCHEDULE," TO REFLECT THE
AMENDMENT IN SECTION 82-443; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
The proposed Ordinance was prepared at the request of Commissioner Alex J. Fernandez for
consideration at the January 31, 2024 City Commission meeting.
Due to the City of Miami Beach's 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. The City has been seeing 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, including a surge
in the number of vehicles seeking parking spaces.
The sponsor of this Ordinance proposes to modify the high impact parking rate to up to $100.00,
with an exception for residents and employees of local businesses, to manage and regulate the
demand for limited parking resources effectively, and incentivize event attendees to explore
alternative transportation options such as public transit, ridesharing, or carpooling.
RAP/FA/ag
Page 554 of 1278