2016-4019 Ordinance ORDINANCE NO. 2016-4019
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
CREATING A NEW SECTION 82-443, ENTITLED "HIGH IMPACT
EVENTS ON BEACH PROPERTY," TO PROVIDE THE CITY
MANAGER WITH THE AUTHORITY TO IMPOSE CERTAIN
IMMEDIATE MEASURES FOR THE PROTECTION OF BEACH
PROPERTY DURING HIGH IMPACT EVENTS IN THE CITY;
PROVIDING FOR NOTIFICATION OF HIGH IMPACT EVENT
MEASURES, ENFORCEMENT, AND PENALTIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach ("City") is an internationally renowned tourist
destination that is famous for its beaches, which are among the best in the world; and
WHEREAS, due to its domestic and international popularity as a resort destination,
many events, both authorized by City permits and otherwise, occur on a regular and frequent
basis on the beaches within the City; and
WHEREAS, the beach property in the City between the Mean High Water mark and the
Erosion Control Line is owned by the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida, but is expressly managed by the City pursuant to Management
Agreement No. 750-006 ("Management Agreement"), as amended and extended from time to
time; and
WHEREAS, paragraph 4 of the Management Agreement specifically states, "[i]t is
understood and agreed that the City shall have responsibility for the protection of the property;
and shall through its agent and employees take all reasonable measures to provide security
against property damage, property degradation and unauthorized uses"; and
WHEREAS, certain authorized and unauthorized uses of the beaches within the City
have caused property damage, property degradation, and unauthorized uses which require the
reasonable measures set forth in this Ordinance to provide security against such harms to the
beaches; and
WHEREAS, the reasonable measures set forth in this Ordinance will authorize the City
manager to implement specific and immediate, delineated measures that will prevent property
damage, property degradation, and unauthorized uses on the beach property.
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 of Miami Beach,
Florida, is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
* * *
Article V. Beaches
* * *
Division 1. Generally
* * *
Sec. 82-443. Reserved. High Impact Events on Beach Property.
a. Definitions.
Beach Property means the beach property between the Mean High Water Mark and
the Erosion Control Line within the municipal boundaries of the City of Miami Beach,
which is the subject of the Management Agreement for Certain Lands No. 750-006
between the City of Miami Beach and the Trustees of the Internal Improvement Trust
Fund of the State of Florida, as such Agreement may be amended and extended.
Hiqh Impact Event means an event or gathering on beach property in the City of
Miami Beach during which one or more of the following occur:
11 An event, activity or period of time that generates a significant spike in
social media conversations, increasing audience impressions, and
attention on the City, which is expected to generate attendance by more
than 5,000 people for an area of beach property that extends less than 15
City blocks from south to north;
21 City parking lots and garages in an area within a 15 block radius of an
event that is held on beach property pursuant to a special event permit, or
otherwise, are at full capacity;
31 An event is held pursuant to a special event permit, which is expected to
result in attendance by more than 25,000 people on beach property;
There is a designated major event period (as set forth and identified
within the special event regulations and guidelines, as may be amended
from time to time);
51 A maintenance of traffic plan would be required, or is required (e.g.,
including, but not limited to, street closures, lane closures, shuttle service)
based upon the high impact event, or pursuant to a special event permit;
ai Hotel occupancy levels are anticipated to be greater than 75 percent in
the City;
2
Law Enforcement Mutual Aid or other assistance from outside law
enforcement agencies is required to provide for the safety and well-being
of residents and visitors to the beach property; or
ai An event on beach property, which may impact public property, is
anticipated to result in more than 25,000 visitors to the city.
b. City Manager's Authority to Impose Immediate Measure(s) for High Impact Events.
Whenever the City Manager determines that a high impact event on beach property
will occur, or is in progress, one or more of the following immediate measures may
be imposed on beach property to protect the beach property from damage, property
degradation, and/or unauthorized uses:
t The prohibition of coolers.
2. The prohibition of any inflatable devices.
3. The prohibition of tents, tables, and similar structures.
4. The limitation of live or amplified music.
5. 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
(e.g., south of Fifth Street).
6. The establishment of occupancy limits for different segments of beach
property, and prohibiting access to those areas that have reached those
occupancy limits, in order to protect the health, safety, and welfare of the
general public.
7. The prohibition of any direct or indirect consumption of alcohol on the beach
property.
8. The implementation of a license plate reader police detail, which may be
utilized on eastbound traffic lanes of the MacArthur Causeway, Julia Tuttle
Causeway, and on any other access points into the City.
c. Notification of High Impact Event Measures
When one or more immediate measures are implemented by the City Manager
pursuant to subsection (b) above, such measures, and their duration, shall be filed
with the City Clerk and delivered to appropriate news media for publication and to
local radio and television stations for broadcast. 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.
3
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the tenth (10th) day following its adoption.
PASSED and ADOPTED this g day of 714A e— , 2016.
ATTEST:
/
Philip Levin y' ;0":"
AgyMayor
Ra'ael E. Granado ,� 1
City Clerk s'���� '''..•.. �� � APPROVED AS TO
FORM & LANGUAGE
%'- &FOR EXECUTION
Underline denotes addition
ugh denotes dele *�j'I N• C7 OR . RATED * !�
r ,`—• 5 c Z5•
Uj City Attorney -1 Date
(Sponsored by Commissione Gro
. rI t0
(Co-sponsored by Mayor Philip L it e-Mayor Micky Steinberg, Commissioner John
Elizabeth Aleman, Commissioner Ricky Arriola, Commissioner Joy Malakoff, and Commissioner
Kristen Rosen Gonzalez)
F:WTTO\TURN\ORDINANC\Chpt.82.High Impact Events.docx
4
COMMISSION ITEM SUMMARY
Condensed Title: SECOND READING AND PUBLIC HEARING
An Ordinance 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 Sections 82-
443, To Provide The City Manager Certain Immediate Measures For The Protection Of Beach Property During
High Impact Events In The City; Providing For Notification, Enforcement, And Penalties; Providing For Repealer,
Severability, Codification,And An Effective Date.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
On April 27, 2016,the City Commission discussed the impacts of viral unsanctioned events following the issues
which resulted from the Floatopia Miami event on Saturday April 16. The Commission unanimously passed a
motion directing the City Manager and City Attorney to bring a City staff will determine if an event or gathering on
• beach property in the City of Miami Beach during which one or more of the following occur,which will be
considered a High Impact Event:
1. An event, activity or period of time that generates a significant spike in social media conversations, increasing
audience, impressions, and attention on the City, that is expected to generate attendance by more than
5,000 people for an area of beach property that extends less than 15 City blocks from south to north;
2. City Parking lots and garages in an area within a 15 block radius of an event that is held on beach property
pursuant to a special event permit,or otherwise, are at full capacity;
3. An event is held pursuant to a special event permit which is expected to result in attendance by more than
25,000 people on beach property.
4. There is a designated major event period;
5. A maintenance of traffic plan is required;
6. Hotel occupancy levels are anticipated to be greater than 75 percent;
7. Mutual aid or other assistance from outside agencies is required to provide for the safety and well-being of
residents and visitors to the destinations;or
8. An event on public property is anticipated to result in more than 25,000 visitors to the destination.
These are measures that would only be implemented on a case by case basis if we become aware that a high
impact beach event will be coming to the City. These measures include:
1. The prohibition of coolers
2. The prohibition of any inflatable devices
3. The prohibition of tents and similar structures
4. The limitation of live or amplified music
5. The limitation of traffic routes to prohibit vehicular access to non-residents, and those patrons and employees
of businesses located in the affected area (e.g., south of Fifth).
6. Establishing occupancy for different segments of beach property, and prohibiting access to those areas that .
have reached occupying limits,to protect the health, safety and welfare of the general public.
7. The prohibition of any direct or indirect public consumption of alcohol.
8. The implementation of a license plate reader police detail that may be utilized on east bound MacArthur
Causeway, Julia Tuttle and any other access points into the City.
The Ordinance also includes a notice provision whereby notice shall be filed with the City Clerk and delivered to
news media, radio and television stations from broadcast.
The Ordinance was approved by the City Commission at the May 11, 2016 meeting on First Reading. The
Administration recommends the Mayor and City Commission adopt the attached Ordinance on Second Reading
and Public Hearing.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary:
N/A
City Clerk's Office Legislative Tracking:
City Attorney's Office
Sign-Offs:
DepA ment rector Assist n City Manager City Manager
T:\l\GENDAQ016\May\ D\Summ-Ordinance aling .th High Impact Beach Events.v .doc
MIAMIBEACH AGENDA ITEM S E
IZTP DATE &—13- C
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Philip Levine, Mayor and Member of the Cit Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 8, 2016
SECO READING AND 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," BY AMENDING DIVISION
1, ENTITLED "GENERALLY," BY AMENDING SECTIONS 82-443, TO
PROVIDE THE CITY MANAGER CERTAIN IMMEDIATE MEASURES FOR
THE PROTECTION OF BEACH PROPERTY DURING HIGH IMPACT
EVENTS IN THE CITY; PROVIDING FOR NOTIFICATION, ENFORCEMENT,
AND PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
On April 27, 2016, the City Commission discussed the impacts of viral unsanctioned
events following the issues which resulted from the Floatopia Miami event on Saturday
April 16. In particular, the challenge is those events that are not sanctioned or subject to
special event permit by the City and quality of life issues they present. The Commission
unanimously passed a motion directing the City Manager and City Attorney to bring a
comprehensive Ordinance without referring the item to committee.
BACKGROUND
In analyzing how to deal with such events, I consulted with my Department Directors and
investigated how other communities (in and outside of Florida) have dealt with such
events. The various methods employed generally break down into three categories:
- Prohibiting Beach Access, thereby reducing the crowds;
- Implementing very restrictive rules applicable to visiting the beach
that serve as a significant deterrence to attendance; and
- Strategies and resource allocation to make the event manageable.
Following the direction of the Mayor and City Commission, City Staff and the City
Attorney's Office prepared the attached beach management ordinance that sets forth
specific prohibitions and actions the City Manager can order in connection with high
impact beach events that are intended to provide significant crowd control and effectively
manage the event. This Ordinance, once adopted on second hearing, will be included in
the Beach Management Plan and presented to the Division of State Lands for approval
in June.
City Commission Memorandum—High Impact Beach Events Ordinance
Second Reading and Public Hearing
June 8,2016
Page 2
Restrictive Rules to deter the Event
City staff will determine if an event or gathering on beach property in the City of Miami
Beach during which one or more of the following occur, which will be considered a High
Impact Event:
1. An event, activity or period of time that generates a significant spike in social
media conversations, increasing audience, impressions, and attention on the
City, that is expected to generate attendance by more than 5,000 people for an
area of beach property that extends less than 15 City blocks from south to north;
2. City Parking lots and garages in an area within a 15 block radius of an event that
is held on beach property pursuant to a special event permit, or otherwise, are at
full capacity;
3. An event is held pursuant to a special event permit which is expected to result in
attendance by more than 25,000 people on beach property.
4. There is a designated major event period;
5. A maintenance of traffic plan is required (e.g., including, but not limited to, street
closures, lane closures, shuttle service);
6. Hotel occupancy levels are anticipated to be greater than 75 percent;
7. Mutual aid or other assistance from outside agencies is required to provide for
the safety and well-being of residents and visitors to the destinations; or
8. An event on public property is anticipated to result in more than 25,000 visitors to
the destination.
City Staff identified a series of steps that we believe provide significant crowd control
and would also facilitate monitoring and enforcement. These are measures that would
only be implemented on a case by case basis if we become aware that a high impact
beach event will be coming to the City. These measures include:
1. The prohibition of coolers
2. The prohibition of any inflatable devices
3. The prohibition of tents and similar structures
4. The limitation of live or amplified music
5. The limitation of traffic routes to prohibit vehicular access to non-residents, and
those patrons and employees of businesses located in the affected area (e.g.,
south of Fifth).
6. Establishing occupancy for different segments of beach property, and prohibiting
access to those areas that have reached occupying limits, to protect the health,
safety and welfare of the general public.
7. The prohibition of any direct or indirect public consumption of alcohol.
8. The implementation of a license plate reader police detail that may be utilized on
east bound MacArthur Causeway, Julia Tuttle and any other access points into
the City.
The Ordinance also includes a notice provision whereby notice shall be filed with the
City Clerk and delivered to news media, radio and television stations from broadcast.
City Commission Memorandum—High Impact Beach Events Ordinance
Second Reading and Public Hearing
June 8,2016
Page 3
Which and how many of these measures to implement would vary depending on the
nature of the event, the time of year, the location on the beach and other factors. We
would also need an aggressive social media campaign to educate the public about the
measures. These measures would not preclude the licensed operation of the beach
chair concessions and attendant services on the beach.
There are some of these measures that the City has used in the past and clearly are
within our scope of authority (e.g. alcohol prohibition, LPR details on causeway). The
advantage of this approach is that the City would not be closing a valuable public
resource, but would simply be implementing one or more of these measures that protect
that asset while also promoting public safety. There will still be a budgetary impact to
the City since we will need to deploy police, code and other resources to enforce these
rules, particularly in the early years. But, eventually, once events know that the City is
serious and enforcing the rules, the numbers will diminish and compliance will become
the rule.
The Ordinance was approved by the City Commission at the May 11, 2016 meeting on
First Reading.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the attached
Ordinance on Second Reading and Public Hearing.
Attach*t
JLM/KG /MAS
T:\AGENDA\2016\June\TCED\Memo-Ordinance Dealing with High Impact Beach Events.v2.docx
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