2001-3330 ORD
ORDINANCE NO. 2001-3330
AN EMERGENCY ORDINANCE BY 517THS VOTE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, DECLARING A PUBLIC EMERGENCY
THAT NEGATIVELY AFFECTS PROPERTY OF THE
TOURISM INDUSTRY OF THE CITY AND CITIZENS OF
MIAMI BEACH AS A WHOLE, AMENDING MIAMI BEACH
CITY CODE CHAPTER 82 ENTITLED "PUBLIC
PROPERTY", ARTICLE IV THEREOF ENTITLED "USES IN
PUBLIC RIGHTS OF WAY", DIVISION 5 THEREOF
ENTITLED "SIDEWALK CAFES", CREATING SECTION 82-
387 ENTITLED "TIME-CERTAIN DEFERRAL OF UNPAID
FEES DUE; ABATEMENT OF LATE PAYMENT FEES AND
DELINQUENCY PENALTIES" PROVIDING FOR A
DEFERRAL OF PAYMENT FOR UNPAID FY 2002
SIDEWALK CAFE FEES FOR A PERIOD OF 60 DAYS
FROM OCTOBER 1, 2001 TO DECEMBER 1, 2001 AND
ABATING ANY LATE PAYMENT FEES AND DELINQUENCY
PENALTIES IN CONNECTION THEREWITH; FURTHER
AUTHORIZING THE CITY MANAGER TO EXTEND SAID
DEFERRAUABATEMENT PERIODS BY AN ADDITIONAL
PERIOD NOT TO EXCEED 90 DAYS FROM DECEMBER 1,
2001, IF DEEMED NECESSARY BY THE CITY MANAGER,
WITHOUT ANY FURTHER ACTION OF THE MAYOR AND
CITY COMMISSION; PROVIDING REPEALER,
SEVERABILITY, CODIFICATION, EFFECTIVE DATE, AND
SUNSET PROVISION.
WHEREAS, the devastating events of September 11, 2001 have resulted in a
public emergency that has negatively affected property of the tourism industry in the City
and citizens of Miami Beach as a whole -- the City of Miami Beach and its tourist-related
industries and resident businesses have thus adversely impacted and to this end, various
regional efforts are being implemented such as the Greater Miami Chamber of
Commerce's (GMCC) Economic Generation and Recovery Task Force and a tourism
marketing campaign initiated by the Greater Miami Convention and Visitors Bureau
(GMCVB); and
WHEREAS, in an effort to be responsive and supportive of our local commercial
businesses, the City has evaluated a variety of additional measures that will provide
temporary relief while confidence is restored in the economy and the tourism industry; and
WHEREAS, these initiatives include a deferral of business related fees, reduced
parking and transportation costs, a contribution to the GMCVB 'What Makes You Happy"
marketing campaign (geared to reactivate tourism in the City) and financial and logistical
support for a City-produced, in conjunction with Ocean Drive Association, special event;
and
WHEREAS, the aforementioned initiatives and proposed policy
recommendations, assisting in part the local business sector and visitors to our community,
are authorized as emergency economic revitalization relief pursuant to Section 2.05 of the
City Charter, which section requires that a declaration of public emergency exists
negatively affecting property; and
WHEREAS, as further efforts for its economic recovery from the present public
emergency, it is recommended that the Mayor and City Commission authorize a temporary
(60 day) deferral of payment for unpaid FY 2002 sidewalk cafe fees for a period of 60 days
from October 1, 2001 to December 1, 2001, abating any late payment fees and
delinquency penalties in connection therewith.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Miami Beach City Code Chapter 82 entitled "Public Property", Article IV
thereof entitled "Uses in Public Rights of Way", Division 5 thereof entitled "Sidewalk Cafes",
is hereby amended by the creation of the following section 82-387, reading as follows:
Section 82-387. "Time-Certain Deferral of Unpaid Fees Due: Waiver of Late Payment Fees
And Delinquency Penalties"
In view of the existing public emen;jency affectino property of the tourism industry in the
City as well as citizens of Miami Beach as a whole. payment of unpaid Fiscal Year 2002
sidewalk cafe permit fees are deferred for a period of 60 days from October 1. 2001 to
December 1. 2001 (or. upon the expiration of any additional time period not to exceed 90
days. as authorized by the City Manager). with any late payment fees and delinquency
penalties in connection therewith to be abated.
SECTION 2. INCLUSION IN THE CITY CODE. It is the intention of the Mayor and City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made part 0 the Code of Ordinances of the City of Miami Beach as amended; that
the sections of this Ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith are
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. EFFECTIVE DATE. This Emergency Ordinance shall take effect immediately
on this 17th day of October, 2001.
SECTION 6. SUNSET PROVISION. This Ordinance shall sunset on December 2, 2001,
or in the event the City Manager deems it necessary to extend this Legislation by an
additional period of up to 90 days, this Legislation shall sunset upon the expiration of said
additional time period.
PASSED and ADOPTED this 12th day of October, 2001.
MAYOR
ATTEST:
_~r p~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FO XECUTION
JMG/CMC/PDWlrar
l'AGENDAI2001\oct1701\REGULAR\EmergLeglslallon SidewalkCafe ORD ORC,doc
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to-(l "L7f
Date
CITVOF MIAMIBEACH .' ,
NOTICE TO THE PUBLIC -
, '
NOTICE IS HEREBY GIVEN. PURSUANT TO THE CITY OF MIAMI BEACH, CITY CHARTER, SECTION 2.05, THAT TlIE. FOLLOWING ORDINANCE
WASI'ASSEO AS EMERGENCY MEASURE BY THE crrv COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ON OCTOBER 17, 2001. THIS
ORDINANCE WAS EFFECTIVE UPON ITS PASSAGE AND IS HEREBY SET FORTH IN FUlL.
ORDINANCE NQ,2001-333C)
AN EMERGENCY ORDINANCE BY SmHS VOTE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, DECLARING A PUBLIC EMERGENCYTHAT NEGATIVELY AFFECTS PROPERTY OF THE TOURISM INDUSTRY OF THE CITY
AND CITIZENS OF MIAMI BEACH AS A WAOLE, AMENDING MIAMI BEACH cm CODE CHAPTER 82 ENTiTLED "PUBLIC
PROPERTY", ARTICLE IV THEREOF ENTITLED "USES IN PUBLIC RIGHTS OF WAY", DIVISION S THEREOF ENTITLED "SIDEWALK
CAFES", CREATING SECTION 82-387 ENTITLED "TIME-CERTAIN DEFERRAL OF UNPAID FEES DUE; ABATEMENT OF LATE .
PAYMENT.FEES ANO DELINQUENCY PENALTIES" PROVIDING FOR A DEFERRAL OF PAYMENT FOR UNPAID FY 2002 SIDEWALK
~FWl FllR A PERIOD OF 60 DAYS FROM OCT08ER 1, 201J.t TO DECEMBER 1, 2001 AND ABATING ANY LATE PAYMENT
fEES AND OEuNaUENcY PENALTIES IN'CONNECTION THEREWITH; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND
SAID OEfERRAUABATEMENT PERIODS BY AN ADDITIONAL PERIOD NOT TO EXCEED 90 DAYS FROM DECEMBER 1, 2001, If
DEEMED' NECESSARY BY THE CITY MANAGER, WITlIOUT f>Nf' FURTHER ACTION OF THE MAYOR AND CITY COMMISSION;
PROVIDING REPEALER, SEVERABILITY, CODIFICATION, EFFECTIVE DATE, AND SUNSET PROVISION.
WHEREAS, the devastating__events of September 11,2001 have resulted in a public emergency thathas negatively affected property .of
the tourism industry in the City and citizens of Miami Beach. as a whole -- the City of Miami Beach and its tourist-related industries and
resident businesses have thus adversely impacted and to this end, various reglohalefftft'tSare being implemented suctl'tls-tne-13reatef
Miami Chamber of Commerce's (GMCC) Economic Generation and Recovery Task For:ce and a tourism marketing campaign initiated by the
Greater Miami COnvention and Visitors Bureau (GMCVB); and ~
WHEREAS,' in an effort to be responsive and supportive of our local'commercial businesses, the City has evaluated'a variety of
additional measures that will provide temporary relief while confidence is restored in the economy and the tourism industry;'.and
WHEREAS, these initiatives include a deferral 'Of business related .fees., reduced parking and transportation costs, a contribution to the
GMCVB "What Makes You Happy" marketing campaign (geared to reactivate tourism in the City) and financial and logistical support for a
City-pradu,ced, in conjunction with Ocean Drive Association, special event; and.
WHEREAS, the aforementioned initiatives and proposed policy recommendations, assisting in part the local busine~s sector and visitors
to our community, are authorized as emergency economic revitalization relief pursuant to Section 2.05 of the City Charter, which section
requires that a declaration of public emergency, exists negatively affecting property; and
WHEREAS, as further efforts f'or its economic recovery from the present public emergency, it is recommended that the Mayor and City
Commission authorize a temporary'(60 day) deferral oLpayment for unpaid FY 2002 sidewalk cafe fees for a period of 60 days from
October 1, 2001 to December 1, 2001, abating any late paymf!nUees and delinquency penalties in connection ,therewith.
NOW THEREFORE, BE IT DULY llRDAlNE,D BY THE MAYOR AND CITY COMMISSION Of THE CITY Of MIAMI BEACH, FLORIDA, AS
FOllQWS:
SECnON1.' Miami Beach City Code Chapter 82 entitled "Public Property"" Article IV thereof entitled "Uses in Public RightS of Way'!,
Division 5 thereof entitled "Sidewalk Cafes", isherebyamended by the creation of the' fojlowing section 82-387, reading as follows:
Section 82-387. "Time-Certain .Defemll of Unoaid Fees Due: Waiver of Late Pavment Fees And Delinouencv Penalties"
In view of the existina Dubllc emeraencv affectina Drooertv of the tourism industrv in the City as well as citizens of Miami Beach as a
whole. oavment of Ilnoaid Fiscal Year 2002 sidewalk cafe oermit fees are deferred for a Deriod of 60 davs from October 1 2001 to
December 1 2001 (or uoon the exoiration of anv additional time Deriod not to exceed 90 days as authorized bv the Citv Manaaerl wittl
anv late oavment fees and delinaueacv oenalties in connection therewith to be abated.
SECTION 2. ,INCLUSION IN THE CITY CODE.' It is the intention of the Mayor and City Commission, and it is hereby ordained that the
provisions of this Ordinance shall become and be made part 0 the Code of Ordinances of the City of Miami Beach as amended; that the
sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate WOrd.
SECTION 3. REPEAlER. All Ordinances or parts,of Ordinances in conflictnerewith are 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. EFFECTlVE.DATE. This Emergency Ordinance shall take effect immediately on this 17th day of October, 2001.
SECTION 6. SUNSET PROVISION. This Ordinance shall sunset on December 2-, 2001, or .in Jhe- event the City Manager deems it
necessary to extend this legislation by an additional period of up to 90 days, this legislation shall sunset upon the expiration of said
additional time period. '
PASSED and ADaPTED this 17th day 01 October, 2001.
ArnST:
Csianed) Robert Parr.her
City Clerk
(sioned) Neisen Kasdin
Mayor
FORM APPROYEO LEGAL DEP~ENT
BY: (signed) Murray Dubbln
Dated:10/12/01
saki Ordinance Is on file in the office of the City Clerk for examination by all interested parties.
Robed Parcher, City Clel!< '
City of Miami Beach _ .
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She :tmnami Heral~ eI Nuevo Herald
www.hcrald.com
www.clhecald.com
PUBLJ:SHED DAJ:LY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Jane Florea
who on oath says that she is
Account Representative
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the
advertisement for City of Miami Beach appeared in said newspaper in the issues of:
Neighbors, October 25th, page 14, ad # 0051
Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida and that the said newspaper has heretofore been continuously published in
said Dade County, Florida, each day and has been entered as second class mail matter at the
post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement.
~~~~~
Sworn to and subscribed before me
This
day of
,2001
FFI Nor ARY SEAL
SILVIA ACOSTA
NOTARYPUBUC STATE OF FLORIDA
COMMISSION NO. CC742048
MY COMMISSION EX? MA Yl22D02