2001-3313 ORD
ORDINANCE NO.: 2001-3313
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF MIAMI BEACH, FLORIDA,
AUTHORIZING STREET PERFORMERS AND ART
VENDORS IN PUBLIC AREAS FOLLOWING RECEIPT OF
A PERMIT, SUBJECT TO CERTAIN CONDITIONS AND A
PERMIT FEE; PROVIDING DEFINITIONS, SETTING
FORTH TERMS, CONDITIONS AND REGULATIONS FOR
PERMITS ISSUED TO STREET PERFORMERS AND ART
VENDORS; PROVIDING FOR ENFORCEMENT,
SUSPENSION OR REVOCATION; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Miami Beach has determined that artistic
street performances and limited street vending of art enhance the character of the City and enliven
public spaces; and
WHEREAS, the City Commission seeks to encourage such performances and vending to the
extent that they do not interfere with the reasonable expectations of residents to the enjoyment of
peace and quiet in their homes, the ability of businesses to conduct their business and serve their
patrons uninterrupted, and the public's use ofthe City's rights.of.way; and
WHEREAS, the City Commission has determined that its authorization of street
performances and street vending of art, with reasonable time, place and manner restrictions, would
be consistent with the constitutional requirements of the First Amendment if this artistic expression
is deemed protected under the First Amendment, and accordingly limits its authorization for street
performances and street vending to artists and other similar persons engaged in such activity; and
WHEREAS, the City Commission has determined that to ensure compatibility of street
performances and street vending with the often high volumes of pedestrian traffic and other activity
on the sidewalks and rights-of.way in the City, it is appropriate to designate specific locations at
which such activities should occur; and
WHEREAS, the City has determined that performers and vendors, who are soliciting or
obtaining contributions or payment for their performances or sales, are subject to greater risk after
sundown of attack due to the cash or wares they are carrying, and it increases the risk to the general
public, and to law enforcement and code compliance personnel whose job it is to enforce and protect
the activities of street performers and art vendors, and whereas the areas to be designated for street
performer and art vendor permits are heavily congested and poorly lighted, creating visibility
problems for the performers, vendors and pedestrians, therefore, the City Commission restricts the
allowable hours for street performers and art vending to daylight hours, as specified herein.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. CREATION OF CHAPTER 18. ARTICLE XV. ENTITLED "STREET
PERFORMERS AND ART VENDORS."
That an Article XV is hereby created, entitled "Street Performers and Art Vendors" and
added to Chapter 18, Businesses, as follows:
Sections 18-872 - 18-899. Reserved.
Article XV. Street Performers and Art Vendors.
18.900.
18-901.
18-902.
18-903.
Definitions.
Permit Reauired.
Permit Aoolication.
Areas Reserved for Street Performances and Art Vending.
2
18-904.
18-905.
18-906.
Permit Rules and Requirements.
Hours of Operation.
Penalties. SuspensionlRevocation of Permit.
18-900. Definitions
"Street Performance" or "Street Performances" include the followinlZ activities: acting.
sinlJinl!. plavinl! musical instruments. pantomime. iUl!l!linl!. mal!ic. dancinl!. puppetry. and creatinl!
items for sale under Street Vendinl! as hereinafter defined. on public property.
"Street Vendinl! of Art." or "Art vendinl!" or "street vending" as used herein. includes the
display. creation and/or sale on public property of art bv a permittee. Street vendinl! of art shall be
limited to art created bv the permittee.
"Permittee"means a person who has obtained a permit pursuant to this Article.
"Art" means painting. photol!raphv. sculpting. sketching and crafts. Other mediums of artistic
expression may also be permitted upon request to the City Manal!er or his desil!nee and upon the
Manal!er's or desil!nee's determination that such other mediums are established in and recol!nized
bv the artistic community. includinl! professional institutions such as museums and art l!alleries.
"Art" as herein defined shall not be construed to permit the displav or sale of clothing.
18-901. Permit Reauired.
It shall be unlawful for any person to enl!al!e in any street performance or art vendinl! on
public propertv. from a fixed location. or for the purpose of solicitinl! donations or contributions.
without first obtaininl! a permit as required bv this Article. This ordinance does not alter or interfere
with the applicability and/or enforcement of other provisions of the City Code concerninl! vendinl!
or peddlinl!. includinl! sections 70-4. 70-41. 74-1. 82-1. 142-894(a). and 142-1361.
3
18-902. Permit Application.
Applications for a street performer or art vendor permit shall be made at the City of Miami
Beach Occupational Licensing Office. and subiect to the review and approval ofthat office. or such
other office designated by the City Manal!er for such purooses. Onlv those applications on City of
Miami Beach forms will be accepted. If the application form is complete and consistent with this
ordinance. the applicant al!rees to abide bv the terms of this Ordinance. and the application fee is
paid. the application will be approved. unless the applicant's license has previouslv been revoked
or suspended. and the applicant has evidenced a failure to conform to the rules and requirements
herein.
(1) The permit application shall require the followinl! information:
(a) The name. address. telephone number (if available). and two current
photol!raphs of the performer or vendor. Anv chanl!es in the foregoing information occurrinl! after
the issuance of the permit must be reported to the Occupational License Office. within 30 days after
such change. The administration shall maintain one photol!raph on file. and provide one photol!raph
to code compliance for enforcement pUIJloses. to be maintained in a book of performers/vendors.
(b) A description of the performance or art:
(c) A declaration under oenalty ofperiurv that the art for which the applicant
seeks a permit to sell is of his or her own creation. and that the applicant neither employs other
persons to produce. nor is emploved bv another person to produce. the art item for which he seeks
certification. In consideration of the application. the Occupational License Office. or other office
or committee that the City Manal!er designates. shall examine representative samples of the
applicant's work for the purooses ofverifving the information set forth in the application. After such
4
examination. and for the pur.poses of further investigation, the Occupational License Office. or other
designated office or committee. mav designate one or more of its members to visit the studio or
workshop of the applicant to view the applicant's facilities and to further verify that the art for which
the applicant submits certification is of his or her own creation. Onlv art for which a declaration is
made and/or certification submitted may be sold in conjunction with an issued permit.
(d) For a street vendor license, proof of a state sales tax number for sales of art,
if applicable.
(e) A certification bv the performer or vendor that he or she has read, understands
and agrees to abide bv the requirements of this Article.
(f) A hold harmless statement releasing the City. its emplovees and
representatives from all claims or actions arising from the street performance or street vendin~
activities on public propertv.
(2) The City may charge an application processin~ fee in the amount set from time to
time bv the City Commission by resolution.
(3) Each member of a group of performers who perform or vendors who vend together
shall be required to obtain an individual permit. Each member of a ~roU!l of vendors vendin~
to~ether must have participated in the creation of the article to be sold. No ~rouP performances or
vending shall be allowed unless specifically authorized by permit.
(4) The application shall be submitted to the City Occupational Licensin~ Office at least
one week prior to the permit period.
(5) Permits are non-transferable.
5
(6) The permit shaH be effective for one year from the date of its issuance. An
application for renewal of the permit may be made prior to. upon. or following expiration. upon the
same forms and for the same fee as for original applications.
(7) The permit applications shall be subiect to review and ap.,proval prior to permit
issuance by the Miami Beach Police Department. Code Compliance Department and Public Works
Department. in accordance with their enforcement and/or administrative responsibilities.
18-903. Areas Reserved For Street Performances and Art Vendinl!:.
(I) Street performances and art vending shall only be conducted in designated areas. The
performance and vending areas shall be assigned for up to each three month period based on
availability. Assignments will be made by the Occupational Licensing Office on the first Monday
morning of each quarter (January. April. July and October) from 10:00 a.m. to 12:00 p.m.
(2) If the number of requests for street performance and vending licenses exceeds the
number of available locations available. the available locations will be assigned for UP to the three-
month period. by a lottery run by the Occupational Licensing Office. or other office designated by
the City Manal!er.
(3) If the area reserved for a street performance or art vendinl! is needed for a special
event. municipal repairs. or other City business. or is otherwise in the best interest of the public. the
City mav temporarilv or permanentlv relocate the permittee to a different area or areas or temporarily
suspend (if no alternative is available) the street performance or vending activity.
(4) The performance or vendinl! area shall not exceed 25 sauare feet of space.
(5) A maximum of one vendor and/or performer shall be permitted at anyone designated
location. UP to three performers. if performing as a group. may be permitted at a location.
6
(6) The following locations shall be available for street performances or street vendin~.
onlv as assigned pursuant to a permit or official lottery. pursuant to this Section. except as otherwise
regulated in this Article:
(a) In front of 421 Lincoln Road from the centerline of Lincoln Road extending
north and south 10 feet. excluding landscaped areas or water features. centered 10 feet east of the
light pole:
(b) In front of the Lincoln Theater. from the centerline of Lincoln Road extending
north 20 feet. bordered on the west bv the light pole west of the entrance to S4 I Lincoln Road. and
on the east by the planter in front of the entrance to S41 Lincoln Road:
(c) In front of 600 Lincoln Road. extending 10 feet north and south of the
centerline of Lincoln Road. bordered on the east bv the right-of-wav line ofPennsvlvania Avenue.
and on the west by the landscaped area 2S feet from the curb:
(d) In front of 1008 Lincoln Road. under the shade structures. extending 20 feet
north of the centerline of Lincoln Road:
(e) In front of 1035 Lincoln Road. under the shade structures. extending 20 feet
north of the centerline of Lincoln Road:
(1:) The east side of Ocean Drive and Sixth Street. 2S feet from the curb. on the
ocean access sidewalk:
(g) The east side of Ocean Drive and Eighth Street. 2S feet from the curb. on the
ocean access sidewalk: and
(h) The east side of Ocean Drive and Twelfth Street. 25 feet from the curb. on the
ocean access sidewalk.
7
18-904. Permit Rules and Requirements
Street performance and art vending shall be conducted in accordance with the following rules
and reauirements:
(1) Throughout the period oftime a permittee is located on public property engaged in
performances or vending under this Article. the permittee shall maintain the area free of trash and
debris. including within a radius of fifteen (15) feet of the permitted area. and deposit trash and
debris in prooer receotacles.
(2) Street oerformance and art vending permits shall be displaved at the oerformance or
vending area at all times. Permittees must have in their possession. while engaged in performances
or vending. ohoto identification cards in their name.
(3) No oerformer. oerformance or vendormav create noise that violates the Miami-Dade
Countv or Miami Beach noise ordinances. The volume of sound a performer or vendor creates shall
be controlled so that it is not unreasonably loud. raucous. iarring. or a nuisance to oersons within the
area of audibility.
(4) A oerformer or vendor may not create an undue interference with the oassage of the
oublic through a oublic area. If a oerformer or vendor attracts a crowd sufficient to obstruct the
public wav. a oolice officer mav disoerse the crowd that is creating the obstruction. The oolice
officer mav ask the oerformer or vendor to temporarilv susoend a performance or vending activity
or leave the location when that action is necessary to protect the oublic safetv or public order.
(5) A performer or vendor may request contributions. donations. monev. or orooertv at
a performance. as aoorooriate to the activitv. Performers or vendors mav offer for sale their own art.
provided that the disolav of the art is contained within the oerformance or vending area.
8
(6) No performer or vendor shall create a fire hazard. or use fire in a performance.
(7) No performer or vendor shall engage in the application oftatoos or body piercing.
(8) No performer or vendor may include obscenity in a performance or vending activity.
(9) No performer or yendor shall engage in phvsical or verbal harassment or coercion.
(\ 0) No spray painting or sidewalk art shall be permitted. unless soecificallv authorized
bv permit. at soecified locations and conditions.
(\ I) No mariiuana pioes or other drug paraohanalia shall be displayed or sold.
(\2) No food or drink. whether made bv a permit holder or otherwise shall be permitted
to be disolayed or offered for sale. or sold through the street performer or street vendor oermit.
(13) Items available for sale through art vending must be disolaved on a table with no
more than 15 SQuare feet of surface area. Alternatively. uniform displav tables or carts. of a specific
design. may be reQuired bv the City Manager or the Manager's designee. consistent with the design
or historic oreservation guidelines apolicable to the location of the street vendin~ oermitted. No
items available for sale may be laid on the floor. ground. sidewalk. ground level or raised landscaoe
area. steo. or other fixed oublic improyement. No lounge chairs may be used.
(\4) No performer. vendor. table or cart shall be permitted to block any oublic right-of.
way or entrances to buildings or other olace of public accommodation.
(\ 5) A oermit holder shall not engage in fraudulent practices or solicitations. including but
not limited to misrepresentation about any sale or solicitation. misreoresentation about the nature
and type of any organization with which the permit holder is associated or misreoresentation or
concealment of any material fact in the application process.
9
(16) A performer or vendor may not connect to electric outlets or power sources owned
bv the Citv. and must orovide their own power sources. if any are required.
18-905. Hours of ODe ration.
Street oerformances and art vending are oermitted during davlight hours onlv. and under no
circwnstances earlier than 8 :00 a.moo exceot that street performances and art vending are oermitted
during the additional hours of 6:00 p.m. to midnight. Friday. Saturday and Sunday. on all Lincoln
Road locations designated in section 18-903. All tables. carts. disolavs. signs and inventory used
shall be removed no later than 30 minutes after sunset.
18-906. Penalties. SusDensionlRevocation of Permit.
(1 ) Engaging in street performances or art vending without a oermit. in violation of
section 18-901 herein. or failure to comolv with a cease and desist order under this section. are
prohibited and subiect to the oenalties set forth in section 1-14 ofthe City Code of Miami Beach.
(2) Violations of the apolication requirements or the regulations aOJllicable to street
oerformances or vending as orovided in sections 18.902 through 18-905 herein. shall be subiect to
the following oenalties: Upon the first violation. the City Manager or the Manager's designee may
issue a warning. or cease and desist order. to the oermittee and the oermittee shall immediately
correct the violation. Uoon the second violation bv the same oermittee. the City Manager or the
Manager's designee may issue a further cease and desist order. modify the oermit. or susoend the
permit. Uoon the third violation bv the same permittee. the City Manager or the Manager's designee
may issue a cease and desist order. further modify. suspend orrevoke the oermit. A oermittee whose
oermit has been revoked may not aooly for a new oermit for one year or such other period as the City
Manager or the Manager's designee in their discretion deems aoorooriate.
10
(3) Following suspension or revocation of a permit. upon written reauest of the 1;lermit
holder. the Citv Manager or the Manager's designee shall hold a hearing within ten davs after receiot
of such request. at which time the Manager or designee will hear the facts constitutinl! the basis for
the modification. susoension or revocation. hear the statements for or al!ainst such action bv
interested oersons. and then make a decision affirming. modifvinl!. or reversinl! the action to be
taken with resoect to the oermit. Such decision mav be announced orallv at the hearinl!. or in writinl!
within ten davs after the hearinl!. Apoeals from a decision of the City Manal!er or the Manal!er's
designee shall be to the Aooellate Division of the Circuit Court in accordance with the Rules of
Aooellate Procedure.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections 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. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA.
It is 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 as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section" or
other appropriate word.
II
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 18th day of July, 2001.
.1/11
MAYOR
ATTEST:
~~p~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
t!i~
CI Attorney
7-1 r-oJ
Date
F:IATTOIHELGIOrdinancesIStreetPerVenISTPERFOR.ORD.rev.wpd - July 18,2001
12
COMMISSION MEMORANDUM NO. Lf 70-01
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez ~....Y'
City Manager .y.r ~
SECOND READING - PUBLIC HEARING
DATE: July 18,2001
FROM:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, AUTHORIZING STREET PERFORMERS AND ART
VENDORS IN PUBLIC AREAS FOLLOWING RECEIPT OF A PERMIT,
SUBJECT TO CERTAIN CONDITIONS AND A PERMIT FEE; PROVIDING
DEFINITIONS, SETTING FORTH TERMS, CONDITIONS AND
REGULATIONS FOR PERMITS ISSUED TO STREET PERFORMERS AND
ART VENDORS; PROVIDING FOR ENFORCEMENT, SUSPENSION OR
REVOCATION; PROVIDING FOR INCLUSION IN THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second reading after the public hearing.
ANALYSIS
Artistic street performance can be a form of cultural enrichment in urban areas. In cities from Paris
to San Francisco, municipal governments have crafted ordinances that regulate this activity by
defining who is a street performer, providing for a simple permit process, and designating acceptable
locations, hours of operation and rules of conduct. This ordinance will not inhibit free expression,
but will positively contribute to the City's quality oflife by addressing street order and maintenance
issues. Street vending of art is also an expressive activity that will contribute to the City's quality of
life. Protected street performances and art vending are combined into one ordinance to efficiently and
effectively manage both activities at appropriate times, places and manners, consistent with
constitutional requirements.
The Administration and City Attorney's Office reviewed street performer and street vending
ordinances and cases from the City of Cambridge, Massachusetts; Faneuil Hall, Boston; Baltimore,
Maryland; San Francisco, California; New Orleans' French Quarter, and Key West, Florida. The
Ordinance as proposed is an amalgamation of, or consistent with, those precedents.
Street performers and street vendors were discussed by the Planning Board at a workshop on April
AGENDA ITEM
Rs-B
l-l~ -QL
DATE
Commission Memorandum - Street Performers and Art Vendors
July 18, 2001
Page 2
24,2001, and the Planning Board recommended that an ordinance be drafted and brought to the
Commission for consideration. The Planning Board considered the draft ordinance at its meeting of
May 29, 2001. The City Commission directed that an ordinance be brought for its consideration on
first reading at the June 27, 2001 meeting. At all of these meetings residents and business
representatives from the Lincoln Road Mall area presented testimony on the problems with
unregulated performances and vending in their area.
The City Attorney's Office has obtained input from many concerned persons and jurisdictions and
drafted an ordinance considering the many interests and variations on the solutions to these problems
from around the country, and it is now presented for Second Reading.
This Ordinance regulates the use of the public right-of-way by artistic street performers and art
vendors. In so doing, it will allow specific kinds of street vending as artistic freedoms guaranteed
under the First Amendment (City zoning prohibits the sale of merchandise outside any business
premises).
It is important to note that the street performers who promote their artistry should not be confused
with for-profit vendors who seek to expand their selling area by promoting their products on the
City's right.of-way. Street vendors are not permitted in the City of Miami Beach. Vendors that resell
merchandise as peddlers, use live animals, or sell or prepare food, are not to be considered street
performers or art vendors, and the City Code provides for misdemeanor citations and confiscation of
merchandise (City Code 70.4 & 70-6). Conversely, by creating a new Street Performer and Art
Vendor Ordinance, artistic performance on the City's right-of-way is safeguarded in specific locations
as provided in the ordinance. Street performers and art vendors are provided freedom of expression
and the ability to receive contributions for their performances and sale of their art.
The City of Miami Beach will benefit from passage of this Ordinance as it will distinguish the illegal
activity of for-profit street vendors from that of street performers and protected art vendors, and
clarify the City's enforcement procedures. This clarification has been encouraged by the City's Police
Department, so that they may properly cite street peddlers that continue to plague our busiest
commercial, and highly regarded, historically protected, tourist destinations.
As proposed, the Ordinance will regulate the time, manner and place where street performances and
protected vending will be permissible. The content of the performance or the protected vending will
not be regulated. The locations and times identified in the ordinance reflect the community's desire
to balance traditional business needs with the constitutionally supported rights of the artistic street
performers and vendors.
At the Commission's direction on first reading, representatives of the Administration and the Lincoln
Road Marketing Association spoke with owners of businesses and properties in the vicinity of areas
Commission Memorandum - Street Performers and Art Vendors
July 18, 2001
Page 3
designated for street performers or vendors on Lincoln Road. On July 9, 200 I, representatives from
the Administration, including from Code Compliance and the Police Department, and the City
Attorney's Office, met with business representatives surrounding the proposed locations on Lincoln
Road. Some concerns about the locations were expressed, and others were observed independently
by the City representatives. The results of these meetings and the tour were the elimination of two
locations, the adjustment of four locations, and the addition of one new location, on Lincoln Road.
Contact with a representative of the Ocean Drive Association was also made, with the result being
agreement with the proposed locations on Ocean Drive.
Following further review by the Administration and the City Attorney's Office, some additional
modifications were made to the ordinance for second reading: (1) section 18.901 was amended to
only require a permit for street performances when the performance is "from a fixed location, or to
solicit donations or contributions"; (2) the phrase "in the opinion of the police officer" was removed
from section 18-904(4) concerning when it is necessary to suspend a performance; and (3) the phrase
"in the sale and distribution of artistic creations" was removed from 18-905, concerning when tables,
carts, displays, signs and inventory must be removed; (4) the space for vending and performances was
increased to 25 square feet from 15 square feet, and the size of tables for vending was increased to
15 square feet from eight square feet; and (5) as described above, certain of the locations on Lincoln
Road were adjusted to address neighbor and other concerns.
The City Commission should approve the Street Performer Ordinance on second reading after the
public hearing.
JMG:BM:RS:SS:~
P:\A TTO\HELG\Ordinances\StreetPerV en\STPERFOR.Comm.mem. wpd
~
~
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hali, 1700 Convention Center Drive, Miami
Beach, Florida, on WednesdaY,July 18, 200t, at the times listed below, to consider the adoption of the
following ordinances:
8111:15 a.m.: . . .
AN ORDINANCE AMENDING CHAPTER 82- OF THE MIAMI BEACH CITY CODE ENTITLED 'PUBLlC
PROPERTY" BY AMENDING SECTION 82-412 THEREOF ENTITLED 'POSTING OF SIGNS ON UTILITY
COMPANY PROPERTY OR PUBLIC PROPERTY PROHIBITED; ENFORCEMENT; FINES; APPEAL"; BY
AMENDING SUBSECTION (A) THEREOF TO CLARIFY THAT THe-OWNERS AND/OR BENEFACTORS OF
PROHIBITED SIGNS SHALL BE SUBJECT TO THE ENFORCEMENT PROCEDURES OF SAID SECTION;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Legal Departmentat (305) 673-74-0.
~
...
:r
c:
.:lO
at 11 :30 a.m.: ,en
AN ORDINANCE AUTHORIZING STREET PERFORMERS ANO ART VENDORS IN PUBLIC AREAS . ~
FOLLOWING RECEIPT OF A PERMIT, SUBJECT TO CERTAIN CONDITIONS AND A PERMIT FEE; . ~
PFlOVIDING DEFINITIONS, SETTING FORTH TERMS, CONDITIONS AND REGULATIONS FOR PERMITS ...
ISSUED TO STREET PERFORMERS AND ART VENDORS; PROViDING FOR ENFORCEMENT, ;;
SUSPENSION OR REVOCATION; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI ~
BEACH, FLORIDA, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. !:!
;
..
:z:
..
...
I!.
Cl.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
at 5:01 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 130, 'OFF-STREET PARKING," SECTIOI'I 130-69.5,
'ADDITIONAL REQUIREMENTS," TO CLARIFY THE REQUIREMENTS FOR PARKING GARAGES OR LOTS
DESIRING TO OPERATE PAST MIDNIGHT; AMENDING CHAPTER 118, ARTICLE IV, "CONDITIONAL USE 15
PROCEDURE," SECTION 118.194, 'COMPLIANCE WITH CONDITIONS," AND ARTICLE VIII, 'PROCEDURE
FOR VARIANCES AND ADMINISTRATIVE APPEALS," SECTION 118-356, 'REVOCATION OR
MODIFICATION OF VARIANCE," TO AMEND THE PROCEDURES APPLICABLE TO PLANNING BOARD
AND BOARD OF ADJUSTMENT REVOCATION OR MODIFICATION OF CONDITIONAL USE APPROVALS
OR VARIANCES WHERE THE APPLICANT EXHIBITS REPEATED OR INTERMITTENT NONCOMPLIANCE
WITH THE CONDITIONS OF SUCH APPROVALS; AMENDING CHAPTER 118, ARTICLE X, HISTORIC.
PRESERVATION, SECTION 118-503, 'SCOPE AND EXEMPTIONS; AND SECTION 118-561, 'GENERAL
REQUIREMENTS," TO CLARIFY THAT CERTIFICATES OF APPROPRIATENESS ARE REQUIRED PRIOR
TO ANY TEMPORARY OR PERMANENT MODIFICATION TO A BUILDING OR SITE; PROVIDING FOR
INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE. .
Inquiries may be directed to the Legal Department at (3051 673-7470.
ALL INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agen~ or to
express their views in writing addressed to the City Commission, clo the City Clerk, 1700 Convention Center
Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public
inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1 st 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
p-I!!1'uant to Section 286.0105, Fla. Stat" the City hereby advises the public thaI: if a person decides to appeal
'llny 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 prpceedings 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 othelWise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
'-< -J
.In acco<dance with the Americans with Disabilit.ies Act of 1990, persons needing special accommodation to
participate in this proceeding should contact the City Clerk's office no later than tour days prior to the
proceeding, telephone (305) 673-7411 for assistance; _~ hearing impaired, telephone the Florida Relay Service
I' numbers, (800) 955.8nl (TOO) or (800) 955-8770 (VOICE), for aSSistance..
(Ad#~3) '. .-
~
W
:;
11"
'.
i
h
i
'I
!i
,
.,
I
I
(