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2010-3684 Ordinance.~ 2010-3684 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COMMISSION' OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC .PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY RENAMING SECTION 82-6, ENTITLED "RESERVED;" TO "DESIGNATED CHILDREN PLAY AREAS," AND PROVIDING THAT ADULTS MUST BE ACCOMPANIED BY A MINOR IN AREAS DESIGNATED AS CHILDREN PLAY AREAS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the .activity of play is essential to the healthy development of children and research has shown that outdoor play provides physical, emotional, social, and cognitive benefits; and WHEREAS, parks across the nation provide play space for children and minors thereby fostering child development, social interaction skills, and opportunities for physical exercise; and WHEREAS, play areas for children are not designed for adults, but rather provide age appropriate equipment and open spaces to accommodate the play behaviors of minor children who may be supervised by their parents or other adults; and WHEREAS, in order to provide for safer play areas that accommodate the needs of children and minors in the City, and to maximize the play area equipment available for children and minors for whom the City's play equipment and areas are specifically designed, the following amendments to the City Code should be made. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 82-6, entitled "Reserved," of Article I, entitled "In General," of Chapter 82, entitled "Public Property," of the Miami Beach City Code is hereby amended as set forth below. CHAPTER 82 PUBLIC PROPERTY ARTICLE I. In General Sec. 82-6. °~,sGr~. Designated Children Play Areas. Adults are allowed in designated children play areas in the city only when accompanied by a minor. Children play areas where this section is applicable will be specifically designated and signs will be posted informing the public of the designation 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 same are hereby repealed.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, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. 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 a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-letfered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other. appropriate word. SECTION 5. Effective Date. ~'unc. This Ordinance shall take effect the ~~'~-day of ~Y, 2010. PASSED and ADOPTED this 9'~` day of ,~y~ , 2010. ATTEST: OGL~~„/~ , MA TI HERRE B WER I ~~1~'~ MAYOR ROBERT PARCHER, CITY CLERK ~i ~ ~3~~~.t,~~ ~ ~~~ ~~~ls'i':t/1~ `~ ~, '~ a~ ' aevo~y ~ i7......__ F:\atto\TURN\ORDINANC\Children PlayAreas.docx 2 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Of The Mayor And. City Commission Of The City Of Miami Beach, Florida, Amending Chapter 82 Entitled "Public Property," By Amending Article I, Entitled "In General," By Renaming Section 82-6, Entitled. "Reserved," To "Designated Children Play Areas," And Providing That Adults Must Be Accompanied By A Minor In Areas Designated As Children Play Areas; Providing For Repealer; Severability; Codification; And An °Effective Date. Ke Intended Outcome Su orted: Ensure Compliance with Code Within Reasonable Time Frame; Increase Resident Satisfaction With Level of Code Enforcement .Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Survey Suggests that 61% of the City's residents are very satisfied/satisfied with the fairness and consistency of the enforcement of codes and ordinances in their nei hborhoods; Issue: 'Shall the Ma or and the Cit Commission A rove The Pro osed Ordinance? Item Summa /Recommendation: SECOND READING /PUBLIC HEARING At the April 14, 2010 Commission meeting, during a discussion on operational issues relating to South PointePark, a motion.. was made by Commissioner Exposito directing the City Administration and the City Attorney to explore an ordinance that addresses the safety of children in parks citywide, and maximizes the play areas and equipment available for children and minors, for whom the equipment is specifically designed. Following discussion at the April 27tH NCAC Meeting, the City Commission considered and approved the proposed ordinance on first reading at the May 12, 2010 City Commission Meeting. In an effort to ensure that the ordinance met the desired intent, the ordinance was revised at the first reading to reflect that adults had to be accompanied by a minor, and "tot lots and playground areas" was changed to "children's play areas." There are currently (or under development) nineteen {19) play areas in the City's parks. The ordinance is enforced pursuant to Section 1-14 of City Code. Enforcement of the ordinance will be accomplished by existing Police personnel. Appropriate signage will be placed at designated play areas reflecting the restriction and how to re ort- a violation. Adviso Board Recommendation: Neighborhoods/Community Affairs Committee (NCAC), Aoril 27, 2010. Financial Information: Source of Funds: Amount Account 4 OBPI Total Financial Impact Summary: Estimating the cost of enforcement is difficult, as it will, be primarilybased on complaints. It is not being recommended that additional personnel be hired to enforce this ordinance but, rather, that this becomes an additional enforcement requirement for police personnel. Pursuant to Section 1-14 of City Code, a violator is subject to a fine of up to $500 and/or imprisonment. It is unknown at this time what revenues might be generated pursuant to violations of this ordinance. Violations pursuant to Section 1-14 are handled through County Court. The cost of producing and installing a minimum of two (2) signs at the nineteen locations with designated children's play areas is $3,002 38 si ns x $79 . Si n-Offs: De artment Director sistant Cit er it ana er ~. U ~~~ I~l V til'~~~~~~ AGENIDA FTEM "SC' D6~TE 6~~~I(7 m MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, v,~ww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bowerand .Members of the City Comm FROM: Jorge M. Gonzalez, City Manager DATE: June 9, 2010 . LIC HEARING SUBJECT:. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY RENAMING SECTION 82-6, ENTITLED "RESERVED," TO "DESIGNATED CHILDREN PLAY AREAS," AND PROVIDING THAT ADULTS MUST BE ACCOMPANIED BY A MINOR IN AREAS DESIGNATED AS CHILDREN PLAY .AREAS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the ordinance on second reading. BACKGROUND At the April 14, 2010 Commission meeting, during a discussionon operational issues relating to South PointaPark, a motion was made by Commissioner Exposito directing the City Administration and the City Attorney to explore an ordinance that addresses the safety of children in playgrounds citywide, and that maximizes the play areas and equipment available for children and minors, forwhom the equipment is specifically.designed. Specifically, it was requested that an ordinance be developed that provides that only adults supervising children are allowed in the playground/tot lot areas of City parks. Current programs in New York, San Francisco and other cities were referenced. The Commission referred the item to the Neighborhoods/Community Affairs Committee (NCAC). At the April 27, 2010 meeting of the NCAC the potential ordinance was discussed. It was concluded that the City Attorney's office should draft an ordinance for the Commissiori'S consideration that would provide that adults be accompanied by a minor in children's play areas in our parks. CITY COMMISSION- FIRST READING The City Commission considered the proposed ordinance on-first reading at the May 12, 2010 City Commission Meeting. The ordinance provided for only allowing adults in tot lots and playground areas when they were accompanied by a child under the age of twelve (12). In an effort to ensure that the ordinance met the desired intent, the ordinance was revised to reflect that adults had to be accompanied by a minor. In addition, "tot lots and playground areas" was changed to children's play areas to better describe the areas where this would be applicable. The ordinance requires the placement of signage in specifically designated areas, informing the public of the designation. . ANALYSIS There are currently (or under development) nineteen (19) play areas in the City's parks that are delineated eitherthrough safety surfacing, fencing or othereasyto recognize physical distinction between the children's play area and the rest of the park. As written, the ordinance would permit the City to define what constitutes a "children's play area" andpost signs demarcating such. As approved on first reading, this ordinance would be subject to enforcement pursuant to Section 1-14 of Gity Code. Section 1-14 specifically provides for the following; "Whenever in this Code or in any other ordinance of the city or in any rule, regulation or order City Commission Memorandum ~, `June 9, 2010 , Amendment regarding Acid-etched Graffiti .Page 2 of 2 . ° ~ . promulgated by any officer or agency of the city under authority duly vested in him or if any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or. -.,the failure to do any: act is declared to be unlawful or an offense, where no specific penalty is ' provided therefore, the violation of any such provision. of this Code or other ordinance; rule, ' . regulation or ordershall be punished by a fine not exceeding $500.00 or by imprisonment for a term .'. riot exceeding 60 days, or by both such. fine and imprisonment". .z ` ~ Section 1-14 is enforceable by a law enforcement officer. t .... °. .Parks staff,. Code Compliance, Officers and contracted. security will be instructed to monitor these areas " when they are"present in our. parks aiid contact Police officers to respond. as appropriate if they see a violation ofthis section. Police officers, can also be called by any member of the public that sees what#hey ' - believe is a. violation of this provision of the City .Code. The enforceme-nt of this ordinance shall be ~. ' accomplished by ,Police Officers of the City of Miami Beach pursuant to Section. 1=14. Alternatively, ` enforcement pursuant to Chapter 30 provides.for aviolation that can be issued by a Code Compliance ` ~ Officer,. as well as a police officer. While the violator would be subject to fines-and penalties, under Chapter 30.they would.. not be 'subject to arrest as a misdemeanor. Should the Commission wish to . provide -enforcement` through. Chapter 30, the :ordinance language would need to be modified to - ~ F specifically. reflect such. However, the ordinance cannot be enforced by both Section 1-14 and Chapter ~30 ~. .. 'FISCAL IMPACT ` Estimating the cost of enforcement is difficult, as it will be primarily based on complaints. It is not being r recommended that additional personnel be hired to enforce this ordinance but,. rather, that thisbecomes an`additonal enforcement requirement for staff. Qs noted, pursuant to Section 1-14 ~of City Code, a violator is subject to a fine of up to $500 and/or. . imprisonment. It,isunknown atthis time what revenues might be generated pursuant to violations of this ordinance.. Violations pursuant to Section 1-14 are handled through'County Court. ~ ' Conversely,. Chapter 30 violations are as follows: ~- "A fine imposed pursuant to this section shall not exceed $1, 000.00.. per day for a first violation '~ and shall not exceed. $5,.000.00 per day for a-repeat violation::.However, if the special master . .finds the violation to be irreparable orirreversible in nature, he may impose a fine not#o exceed - ~ $15,:000.00 per: violation:'' The costof producing and installing a minimum of two (2) signs at~the nineteen locations with designated ~. children's play-areas is approximately $3,002 (38 signs x $79).- . CONCLUSION ~ ~ , - The proposed-draft ordinance was developed by the City Attorneys' Office pursuant to instruction from the Neighborhoods/Community Affairs Committee. The Commission approved he ordinance on first reading at its May 12, 2010 with revisedlanguage to . . ~ provide clarification-on the intent ofthe~ordinance. Enforcement of the ordinance willbe done by existing ' ~ ~ staff on a complaint basis. Staff present at parks during park hours (Code,-Parks staff, Security guards) { ~' :will be asked to monitorfor compliance and report-any observed violations. In an effort to.assist.City staff in obtaining compliance, anyone observing a violation of this section of the City Code will be urged to ` contact the City at the- appropriate .number so that the complaint can be properly investigated.. ~ . - ~ Appropriate signage will be placed at designated-play areas reflecting the restriction and how to report a ' violatoior. II T:WGENDA\2010\,lune 9\RegularWdults in Tot Lots Memo 2nd rdg.doc III .. - ` - - t r =~.?:~'°= I THURSDAY, MAY 27, 2010'; 'ii • - _ _ _. ~~JT~~E O~ Pd~BLIC ~9~~~I~1~S tvC: R ICE IS HEREBY given that-second readings and public hearings will • ~ ~ be."~Id by~the fylayor and City Commission of the City of Miami Beach, ' Florida, in the Con~r7iission Chambers; 3rd floor. City Hall. 1700 Convention ,. Center: Drive, P~liami Beach, Florida. on Wednesday, Jane 9th;. 2010; to . consider the following: ` 10`30 a.m. - ~ Ordinance Ari~endincd Chapter 2 Of The City Code, Entitled, ''administration:" - ~ _ ~ . By,. Amending Article - VI .Thereof Entitled, '~Procuremerit", By Amenc'~ng Division 6 Entitled"Living Wage Requiizments ForSerVice Contracts And City Employees', Sections 2 407 Througr~ 2-410 ThErcin. ' e Inquires may be directed-to the Finance-Department (305j 673-7466 9Ij ~i0:35 a.m. N Ordinance Amending Chapter 82, Entitled "Public Property';; By Amending ~ ; Ait~clel, Entitled ~'Ih General," By Renaming Section 8~ 5; Entitled `Reserved,' ~ To 'City Sigris To Be Obev~d" To Provide That GitySigns Shalf Be Obeyed And ,Disobedience To Such Signs Shatl Be Enforced Pursuant To Chapter 30: ~- - ~ ~ ~ ~ ~ Inquiries may be directed to the Legal~Deparfinent (305) 673-7470 \, 10:40 a.m. Z~ Ord}Hance Amending Chapter 82, Entitled"Public Property." By Amend!~~~a Articled; Entitled °In General,' By Renaming Section 82-6, Entitled"Reserved," To "Designated Chilc~en Play Areas," And. Providing That Adults Must Be Accompanied By A Minor In Areas Designated As Children Play Areas. ~ ~~ - Inquiries~maybedirected to theLegalDepartment (305) 673-7470 ' lhTEi={ESTE_D PARTIES are irn~ited to appegr at this meeting, or:- be ~. ~ ~ represented by an agent, or to express their views inti^rrrting addressed *o'the ' ~ City Commission. cio the City Clerk, 1700 Convention.Center Drive. 1st Floor, . City Hall, Miami Beach, Florida 33139. Copies of these ordinances areavailable ~, fo,r;public inspection during normal businesshours:in the Gity~Clerl~'s Office, .'. • - 1700 Conventioh Center Drive; 1st Fioor;-City Halt,' and Miar77i`Beach, Florida - ~ 33139 or via the City's web site at www.mian,~ibe:achfl.gov. This meeting may; , _ be continuedand under such circumstances additionaliegal~no'tice ~ti~ouleinot` .." be provided. Robert E. Panchen, CityClerk . City of Miami Beach Pursuant to Section 286.0105, fla: Stat.. the City hereby advises the public. • that: if a person decides to appeal any decision made by the City Coniniission ~, ` ~ ~ ~ ~ -with respect to ~-any matter consicJered ~at -its meetincj or its hearing,- such . , ~ ~ ~ ~ persohmust ensure thata verbatim record of theproceedings is made,whith record includes the testimony ahd evidence upon which the appeal is to fie ~ ~ _ based. This notice does not constitute consent by the Cityfor the introduction ..` ::: -..:- y - ~ or admission of otherwise inadmissible or irrelevant evidence,' nor does i* _ ~ ~~ ~ . ~ ~ authorize challenges or appeals n©t~ othertiviseallowedby law. • To request this .material rn accessible format. sign language .interpreters, information on access for persons with disabilities, and'or anv accommodation ' ~ to reviev,~ any document or participate in any city sponsoredproceeding, please contact (305) 604_-2489 (voice), (305) 6 ~3-7218(TTYj-five days in advanr_.c ra. ~~ ~ , ~, ~ b innateyour request. ~TT'>' users may .also call 7 i i jFlorida Relay Servic°). . - ~; _.