2011-3725 Ordinance ORDINANCE NO. 2011 -3725
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 74, ENTITLED
"PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE III,
ENTITLED "PANHANDLING ON PUBLIC PROPERTY," BY
AMENDING SECTION 74 -76, ENTITLED "DEFINITIONS," BY
PROVIDING DEFINITIONS FOR FINANCIAL INSTITUTION AND FOR
HIGH VOLUME INTERSECTIONS; AND BY AMENDING SECTION 74-
78, ENTITLED "PANHANDLING ON PUBLIC PROPERTY," BY
ADDING ADDITIONAL LOCATIONS WHERE SOLICITING OR
PANHANDLING ON PUBLIC PROPERTY WILL BE CONSIDERED
UNLAWFUL; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, in light of the pending implementation of a meter program whereby
donations may be made for homeless assistance programs and the enhanced enforcement
efforts to address increased incidents of illegal panhandling in the City, the amendments set
forth herein will address remaining concerns relating to panhandling occurring in areas where
individuals are accessing their money and have reported feeling intimidated when approached
in those circumstances; and
WHEREAS, in response to concerns regarding the safety of individuals panhandling in
certain high volume intersections in the City, as well as the traffic concerns this activity
generates (e.g., traffic impacts as people are being solicited), panhandling should not be
permitted in certain high volume intersections with "Levels of Service" of E or F, as per the City's
Municipal Mobility Plan.
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 74 -76, entitled "Definitions," of Article III, entitled "Panhandling on Public Property,"
of Chapter 74, entitled "Peddlers and Solicitors," of the Miami Beach City Code, is hereby
amended as follows:
CHAPTER 74
PEDDLERS AND SOLICITORS
ARTICLE III. PANHANDLING ON PUBLIC PROPERTY
* * *
Sec. 74 -76. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section:
Financial Institution means an establishment for the custody, loan, exchange, or issue of
money; for the extension of credit; and for facilitating the transmission of funds, and
includes, but is not limited to, lending institutions, banks, credit unions, and check-
cashing businesses.
Food store selling alcoholic beverages means any food or convenience store which has
a license for package sales of alcoholic beverages from the state division of beverages
and tobacco in the classification of 1 -APS, 2 -APS or PS.
High volume intersections means intersections in the city with Levels of Service (LOS) of
"E" or "F" pursuant to the city's rating of LOS in the Municipal Mobility Plan, as may be
amended from time to time.
Outdoor cafe or outdoor restaurant means a use characterized by outdoor table service
of food or beverages prepared for service in an adjacent or attached main structure for
consumption on the premises. The term also includes outdoor bars and outdoor ice
cream parlors.
Package store means a store primarily engaged in the business of selling alcoholic
beverages for off - premises consumption that has a license for package sales of
alcoholic beverages from the state division of beverages and tobacco in the
classification of 1 -APS, 2 -APS or PS.
Panhandling means begging, asking or soliciting in person for an immediate donation of
money or other thing of value for charity or personal gain, either by words, bodily
gestures, signs or other means indicating one is seeking an immediate donation or other
thing of value.
Person means any individual, school, party, church, religious or other association,
organization, trust, foundation, group, association, partnership, corporation, society or
other entity.
Sidewalk cafe means a use located on a public sidewalk which is associated with a full
service restaurant where food and beverages are prepared, served and sold and are
delivered for consumption on the sidewalk. It is characterized by tables and chairs and
may be shaded by awnings, canopies, or umbrellas if permits are obtained for such
awnings, canopies or umbrellas. It shall also include the public right -of -way connecting
the main restaurant to the sidewalk cafe.
Solicitations means all direct person -to- person requests for immediate contributions in
the form of money or other thing of value, for any religious, political, associational,
educational, benevolent, health - related, humane, philanthropic, patriotic, or
eleemosynary function, event, organization or purpose, or for any charitable cause. The
term also includes panhandling or begging.
SECTION 2.
That Section 74 -78, entitled "Panhandling /solicitation prohibited on public property," of Article III,
entitled "Panhandling on Public Property," of Chapter 74, entitled "Peddlers and Solicitors," of
the Miami Beach City Code, is hereby amended as follows:
Sec. 74 -78. Panhandling /solicitation prohibited on public property.
Notwithstanding the city's regulations regarding charitable solicitations, it shall be
unlawful for any person to panhandle or solicit on public property in the following areas:
(1) Within 20 feet in any direction from the outside perimeter, as indicated in the site
plan attached to the city issued permit, of any outdoor cafe, outdoor restaurant,
sidewalk cafe or other establishment serving food or beverages for immediate
consumption;
(2) Within 20 feet in any direction from any Automatic Teller Machine (ATM);
(3) Within 20 feet in any direction from any entranceway into or exit from any food
store selling alcoholic beverages or package storei
(4) Within 20 feet in any direction from any entranceway into or exit from any
financial institution;
(5) Within 20 feet in any direction from any parking "pay -on- foot" machine, or other
machine used for paying for parking;
(6) In any high volume intersection in the city.
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, 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 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re- lettered 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 the 21st day of May , 2011.
PASSED and ADOPTED this 11th day of Ma y , 2011.
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 74, Entitled "Peddlers And Solicitors," By Amending Article III, Entitled "Panhandling On
Public Property," of the City Code By Amending Section 74 -76, Entitled "Definitions," By Providing Definitions For Financial
Institution And For High Volume Intersections; And By Amending Section 74 -78, Entitled "Panhandling On Public Property,"
By Adding Additional Locations Where Soliciting Or Panhandling On Public Property Will Be Considered Unlawful.
Key Intended Outcome Supported:
Increase Resident Ratings of Public Safety Services
Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Community Survey, 83.9% of resident respondents
rated Police safety services as excellent or good. In 2007, 37.0% of resident respondents said the City of Miami Beach can
address crime prevention to improve public safety throughout the City. In 2009, 44.9% of resident respondents answered the
same way, representing an increase of 7.9%
Issue:
1 Shall the Mayor and the City Commission Approve The Amendments to the Ordinance?
Item Summary /Recommendation:
SECOND READING / PUBLIC HEARING
Chapter 74, "Peddlers and Solicitors," Article III, "Panhandling on Public Property" currently delineates the City's policy as it
relates to panhandling in the City. As defined in the City's Code of Ordinances, "panhandling" means "begging, asking or
soliciting" for a donation of money or other thing of value. While homeless persons may panhandle, in fact, panhandling
includes firefighters collecting change in their boots for charity, the Salvation Army asking for donations with their kettles, or
a high school service club asking for donations on a sidewalk. The current City ordinance establishes certain areas where it
is unlawful to panhandle. The goal of these restrictions was to address, among other things, concerns with panhandling
occurring while people were eating.
At the November 22, 2010 LUDC meeting, the Committee discussed the City's current ordinance, as well as current
concerns. The Committee considered some amendments to the current code to address concerns relating to panhandling
occurring in areas where individuals are often accessing their money, as often individuals have reported feeling intimidated
when approached in those circumstances. Likewise, in response to concerns regarding the safety of individuals
panhandling in certain high volume intersections in the City, as well as the traffic concerns this activity raises (when traffic is
held up as people are being solicited), it is recommended that panhandling not be permitted in certain high volume
intersections with "Levels of Service" of E or F, as per the City's Municipal Mobility Plan.
At the February 23, 2011 LUDC meeting, the Committee moved to approve amendments to the current panhandling
ordinance as follows, to be forwarded to the City Commission for consideration: 1) Adding new definitions for financial
institutions and for high volume intersections; 2) Adding prohibitions on panhandling within twenty feet of an ATM, Financial
Institution, and parking "pay -on- foot" machines; and 3) Adding prohibitions on panhandling in any high volume intersection
in the City. All other existing prohibitions would remain, and aggressive panhandling would continue to be enforced
pursuant to County code.
At the April 13, 2011 Commission meeting, the Commission approved the ordinance at first reading.
Advisory Board Recommendation:
Land Use and Development Committee (LUDC) discussed on November 22, 2010. On February 23, 2011 LUDC
recommended approval of the amendments to the ordinance and sent it to the full City Commission for first reading.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: As panhandling on public property is already legislated, it is estimated that these amendments
to the ordinance will have little, if any, additional financial impact, as it is just adding additional locations.
City Clerk's Office Legislative Tracking:
Robert Santos- Alborna, Acting Code Compliance Division Director
Sign -Offs:
Department Director � sistant City Manager City Manager
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DATE S I t
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 11, 2011 SEC � D READING / PUBLIC HEARING
y � S G U A G
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 74, ENTITLED
"PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE III,
ENTITLED "PANHANDLING ON PUBLIC PROPERTY," BY AMENDING
SECTION 74 -76, ENTITLED "DEFINITIONS," BY PROVIDING
DEFINITIONS FOR FINANCIAL INSTITUTION AND FOR HIGH VOLUME
INTERSECTIONS; AND BY AMENDING SECTION 74 -78, ENTITLED
"PANHANDLING ON PUBLIC PROPERTY," BY ADDING ADDITIONAL
LOCATIONS WHERE SOLICITING OR PANHANDLING ON PUBLIC
PROPERTY WILL BE CONSIDERED UNLAWFUL; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
At the October 27, 2010 City Commission Meeting, Commissioner Michael Gongora referred
to the Land Use and Development Committee (LUDC) a discussion on a "stricter
panhandling ordinance." The item was discussed at the November 22, 2010 LUDC
meeting, and the LUDC proposed certain amendments be forwarded to the City
Commission for consideration, following review by the LUDC. At its February 23, 2011
meeting, the LUDC moved to approve the ordinance as recommended and send it to the full
City Commission. The City Commission approved this item on first reading at its meeting on
April 13, 2011. The Administration recommends adopting the amendments to the
ordinance.
BACKGROUND
Typically, when speaking about panhandling there are two types: passive and aggressive.
Passive panhandling is generally considered soliciting without any threat or menace, often
without exchanging any words (e.g. just using a cup or holding out a hand). Aggressive
panhandling is when the soliciting is coercive, often accompanied with actual or implied
threats, menacing actions or obstructive behavior.
Chapter 74, "Peddlers and Solicitors," Article III, "Panhandling on Public Property" currently
delineates the City's policy as it relates to panhandling in the City. As defined in the City's
Code of Ordinances, "panhandling" means "begging, asking or soliciting" for a donation of
money or other thing of value, whether for charity or personal gain. As such, while homeless
persons may panhandle, in fact, panhandling includes firefighters collecting change in their
City Commission Memorandum
Panhandling Ordinance Amendment - Second Reading / Public Hearing
May 11, 2011
Page 2 of 3
boots for charity, the Salvation Army asking for donations with their kettles, or a high school
service club asking for donations on a sidewalk. In short, panhandling is not synonymous
with homelessness, and any changes to the panhandling ordinance should and must
consider the implication on all manner of panhandling that exists.
The current City ordinance establishes certain areas where it is unlawful to panhandle.
These locations where panhandling is prohibited were identified following significant
discussion and following legal challenges to the City's code. The goal of these restrictions
was to address, among other things, concerns with panhandling occurring while people
were eating.
In addition to the City's panhandling ordinance, as noted in Article III. Section 74 -77, the
provisions of the County's aggressive or obstructive panhandling ordinance are applicable
and enforceable in the City. A copy of the County's Aggressive Panhandling Ordinance is
provided for your reference (Attachment A).
As such, while the City's panhandling ordinance specifically delineates where
panhandling /solicitation is prohibited on public property, enforcement of the County code
addresses any panhandling that involves pedestrian interference in a public place through
the obstruction of a pedestrian or vehicular traffic, or if aggressively begging. Any of these
activities in any area of the City, in addition to those areas as delineated in Section 74 -78,
would be considered aggressive or obstructive panhandling and would be a violation subject
to a fine as described in County Code.
Violations of the City's panhandling ordinance are punishable pursuant to Section 1 -14 of
City Code, which provides for a fine not exceeding $500, or by imprisonment for a term not
exceeding 60 days, or by both such fine and imprisonment.
LAND USE & DEVELOPMENT COMMITTEE MEETINGS
At the November 22, 2010 LUDC meeting, the Committee discussed the City's current
ordinance, as well as current concerns. The concerns, as noted, were relating to certain
areas of the City, and the current level of enforcement. For example, panhandlers are often
seen in the area of Washington Avenue from 10 to 12 These panhandlers are not
homeless, but live in a nearby Adult Living Facility (ALF).
Staff provided information on a new ro ram approved by the City Commission and
p 9 PP Y Y
scheduled to be implemented in conjunction with the Miami -Dade County Homeless Trust.
Beginning in December, 2010, eleven (11) panhandling "meters" were placed in locations
throughout the City identified as having a known presence of panhandling, with additional
meters placed on private property. The goal of this program is to redirect individuals who are
inclined to give their spare change to the meter program, whose proceeds are used to
provide a variety of programs aimed at providing long -term assistance to homeless and
formerly homeless families and individuals.
In Tight of the pending implementation of the meter program, and the enhanced enforcement
efforts to be initiated, the Committee considered some amendments to the current code to
address concerns relating to panhandling occurring in areas where individuals are often
accessing their money, as often individuals have reported feeling intimidated when
approached in those circumstances. As proposed, panhandling would continue to be
City Commission Memorandum
Panhandling Ordinance Amendment - Second Reading / Public Hearing
May 11, 2011
Page 2 of 3
permitted in any other area of the City, although aggressive panhandling is illegal and is not
permitted anywhere in the City.
Likewise, in response to concerns regarding the safety of individuals panhandling in certain
high volume intersections in the City, as well as the traffic concerns this activity raises (when
traffic is held up as people are being solicited), it is recommended that panhandling not be
permitted in certain high volume intersections with "Levels of Service" of E or F, as per the
City's Municipal Mobility Plan.
At the February 23, 2011 LUDC meeting, the Committee moved to approve the ordinance
amendments described below and send it to the full City Commission.
The proposed ordinance amendments were as follows:
1) Adding new definitions for financial institutions and for high volume intersections;
2) Adding prohibitions on panhandling within twenty feet of an ATM, Financial
Institution, and parking "pay -on- foot" machines;
3) Adding prohibitions on panhandling in any high volume intersection in the City.
All other existing prohibitions would remain, and aggressive panhandling would continue to
be enforced pursuant to County code.
At the April 13, 2011 Commission meeting, the City Commission approved the ordinance at
first reading.
RECOMMENDATION
It is recommended that the City Commission approve the proposed amendments to City
Code to address panhandling, as per the proposed amendments delineated in the attached
ordinance.
JMG/HM F/KT/RSA/rm
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Municode Page 1 of 1
ATTACHMENT A
Sec. 21 - 31.4. - Aggressive or obstructive panhandling prohibited.
(A) Definitions. The following definitions apply in this section:
(1) Aggressively beg means to beg with the intent to intimidate another person into giving money or goods.
(2) Intimidate means to engage in conduct which would make a reasonable person fearful or feel
compelled. Among the circumstances which may be considered in determining whether the actor
intends to intimidate another person into giving money or goods are that the actor: (a) touches the
person solicited; (b) follows the person solicited, and persists in begging after the person solicited has
given a negative response; (c) directs profane or abusive language toward the person solicited; or (d)
uses violent or threatening gestures toward the person solicited.
(3) Beg means to ask or solicit for money or goods as a charity, whether by word, bodily gestures, signs, or
other means.
(4) Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a
manner as to block passage by another person or a vehicle, or to require another person or a driver of a
vehicle to take unreasonable evasive action to avoid physical contact.
(5) Public place means an area generally visible to public view and includes alleys, bridges, buildings,
driveways, parking Tots, parks, plazas, sidewalks and streets open to the general public, including those
that serve food or drink or provide entertainment, and the doorways and entrances to buildings or
dwellings and the grounds enclosing them.
(6) Unreasonable evasive action means causing a vehicle to depart from the lane of traffic in which it is
traveling to change lanes, to straddle lanes, or to enter onto a swale to obtain passage; it also means
causing a pedestrian to leave the sidewalk on which she or he is traveling or to make contact with a wall
or fence bordering the sidewalk.
(B) Prohibited acts. A person is guilty of pedestrian interference if, in a public place, he or she intentionally:
(1) Obstructs pedestrian or vehicular traffic; or
(2) Aggressively begs.
(C) Permitted activities. Acts authorized as an exercise of one's constitutional right to picket or to legally protest,
and acts authorized by a permit duly issued by a lawful authority shall not constitute obstruction of pedestrian
or vehicular traffic.
(D) Penalties. Any person convicted of:
(1) A violation of this section shall be punished by:
a. Not more than thirty (30) days imprisonment;
b. A fine of not more than one hundred dollars ($100.00);
c. Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
d. Fines in accordance with Chapter 8CC of the Code of Miami -Dade County; or
e. Completion of the Miami -Dade County Diversion Program, pursuant to Implementing Order of the
Board of County Commissioners.
(2) A second or subsequent violation of this section shall be punished by:
a. Not more than sixty (60) days imprisonment;
b. A fine not more than two hundred dollars ($200.00);
c. Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause;
d. Fines in accordance with Chapter8CC of the Code of Miami -Dade County; or
e. Completion of the Miami -Dade County Diversion Program, pursuant to Implementing Order of the
Board of County Commissioners.
(E) Alternative programs. Nothing herein shall limit the discretion of the police, court personnel, and judges from
referring individuals suspected, charged, or convicted of a violation of this provision to treatment programs or
facilities as an alternative to prosecution or incarceration, provided that the individual freely consents. For
homeless individuals, such alternative programs shall include, but not be limited to, the Miami -Dade County
Homeless Assistance Project.
(Ord. No. 94 -41. § 1, 3- 17 -94; Ord. No. 10 -52, § 7, 9- 21 -10)
http: // library. municode .com /print.aspx ?clientlD =10620 &HTMRequest =http %3 a %2P /o2fl... 03/30/2011
18 i THURSDAY, APRIL 28, 2011 NE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and 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 Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, May 11, 2011, to consider the following:
10:17 a.m.
Ordinance Amending The Code Of The City Of Miami Beach,
By Amending Chapter 106, Entitled "Traffic And Vehicles," By
Amending Article II, Entitled "Metered Parking," By Amending
Division 1, Entitled "Generally," By Amending Section 106 -55,
Entitled "Parking Rates, Fees, And Penalties" To Provide Rates
And Criteria For The Preferred Parking Lot Located At 18th
Street And Meridian Avenue, Including Providing Penalties And
Amending The Fees For The Lot For Food And Beverage Social
Events At The Miami Beach Convention Center From $15.00 To
$10.00.
Inquiries may be directed to the Parking Department
305) 673 -7275
k 10:25 a.m.
Ordinance Amending The Code Of The City Of Miami Beach,
By Amending Chapter 74, Entitled "Peddlers And Solicitors," .
By Amending Article III, Entitled "Panhandling On Public
Property," By Amending Section 74 -76, Entitled "Definitions,"
By Providing Definitions For Financial Institution And For High
Volume Intersections; And By Amending Section 74 -78, Entitled -
"Panhandling On Public Property," By Adding Additional Locations
Where Soliciting Or Panhandling On Public Property Will Be
Considered Unlawful.
Inquiries .may be directed to the Building Department -Code
Compliance (305) 673 -7555.
INTERESTED PARTIES are invited to appear at this meeting or
be represented by an agent or to express their views in writing
addressed to the City Commission c/o the City Clerk, 1700.
Convention Center Drive, 1s' Floor, City Hall, Miami Beach, Florida
33139. Any of these items may be opened and continued and
under such circumstances additional legal notice would not be
provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public
that: if a person decides to appeal any 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 proceedings 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 otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding, or to
request information on access for persons with disabilities, or to request this
publication in accessible format, or to request sign language interpreters,
should contact the City Clerk's office at (305) 673 -7411, no later than four
days prior to the proceeding. If hearing impaired, contact the City Clerk's
office via the Florida Relay Service numbers, (800) 955 -8771 (TTY) or
(800) 955 -8770 (VOICE). AD # 656
1