2016-4022 Ordinance ORDINANCE NO. 2016-4022
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 I, ENTITLED "IN GENERAL";
BY AMENDING SECTION 82-1, ENTITLED "CONDUCTING BUSINESS
ON STREETS, PARKS OR OTHER PUBLIC PROPERTY;
ENFORCEMENT; PENALTIES; UNPAID FINES TO CONSTITUTE
LIENS," BY CREATING SUBSECTION (B) WHICH EXPRESSLY
PROHIBITS COMMERCIAL TRANSACTIONS, ACTIVITIES OR
OPERATIONS AT ANY PARK, BOAT RAMP, BEACH, STRUCTURE
BUILDING OR OTHER PROPERTY OR PLACE OWNED, MAINTAINED
OR OPERATED BY THE CITY; BY PROHIBITING ANY PORTION OF
THE COMMERCIAL TRANSACTION, ACTIVITY OR OPERATION TO
DIRECTLY OR INDIRECTLY OCCUR AT ANY PARK, BOAT RAMP,
BEACH, STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE
OWNED, MAINTAINED OR OPERATED BY THE CITY; BY MODIFYING
SUBSECTION (C), WHICH AMENDS THE EXISTING EXEMPTION
AUTHORITY OF THE CITY MANAGER FOR THE RENDERING OF
SERVICE TO THE PUBLIC; AND CREATING AN ADDITIONAL
EXEMPTION TO THE PROHIBITIONS SET FORTH IN SECTION 82-
1(A) AND (B), THAT WOULD REQUIRE THE CITY COMMISSION TO
APPROVE A CONCESSION AGREEMENT AUTHORIZING
COMMERCIAL ACTIVITIES OR OPERATIONS; AND BY CREATING
SUBSECTION (0), WHICH IS A NEW ENFORCEMENT AND PENALTY
PROVISION FOR VIOLATIONS, LIMITING THE AUTHORITY OF THE
SPECIAL MASTER, AND INCREASING THE MONETARY FINES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission recognize the importance of the City's
public property to the residents and visitors of the City of Miami Beach; and
WHEREAS, the City prohibits commercial transactions, activities or operations, unless
expressly authorized by the City Manager upon its public property, or pursuant to a concession
agreement, that is approved by the City Commission; and
WHEREAS, illegal and unauthorized commercial transactions, activities and operations
upon City property, creates a dangerous and hazard situation, which is a direct threat to the
residents and visitors of the City for potential unscrupulous conduct; and
WHEREAS, the City is legally obligated to ensure the health, safety and welfare of its
residents and visitors who utilize its public facilities, and illegal commercial transactions,
activities and operations unnecessarily exposes the City to unwarranted potential liability; and
WHEREAS, the Mayor and City Commission affirmatively acknowledge that commercial
transactions, activities or operations must be prohibited at the City's parks, boat ramp(s), beach,
structures, building or other property or place owned and maintained or operated by the City,
unless expressly authorized by the City Manager or the City Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-1 of Article I of Chapter 82 of the Code of the City Miami Beach
is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE I. In General.
* * *
Sec. 82-1. Conducting business on streets, parks or other public property; enforcement;
penalties; unpaid fines to constitute liens.
(a) Prohibitions, It shall be unlawful for any person, while in or on any public street, avenue or
alley, or any park, beach, structure, building or other property or place owned, maintained
or operated by the city for public use, to sell, rent or offer for sale or rent to the public any
article, commodity or service of any nature whatsoever, other than newspapers of general
circulation duly entered in the United States Postal Service.
It shall be unlawful for an commercial business o•-r- •r establishment entit
organization or company that sells or rents merchandise, products, goods or services, or
engages in any service that sells or rents merchandise, products or goods, including those
commercial operators that transport passengers, afEHDfial4ilaite4 from conducting any portion
of the commercial transaction, activity or operation at ny Dark
b -m•. beach. s ructure bu'Id'n• •r o h-r •rooertv or
place owned, maintained or operated by the City. A commercial transaction, activity or•operation will be deemed to have occurred =- _ _ _ '_=_ __ = _=- -'_ -__- - - _
if -n direct indirect or incidental •ortion of the
commercial transaction, activity or operation takes place at
or uses, a City park, boat ramp, beach, structure, building or other
property or place owned, maintained or operated by the City (including the Barry Kutun
Boat Ramp that is located within the Maurice Gibb Memorial Park hoEN44m4fie
(.1a=gcl Exemptions. This section shall not apply to:
(1) Employees of the city acting fort and on behalf of the city, er=tp=per=seAs as specifically
authorized --= _ —= =-:- - =___ — -- -_ -= _= = _=- _== by the City
Manager;i or
(2) to pPersons spy authorized to render service to the public in any place alaelie-
deseFibed set forth in subsection (a) and (b), by the City Manager, provided the
rendered service is a commercial outdoor fee based activity that has minimal impact to
the City's public property; or
(3) A commercial business operator. establishment, entity, organization or company is
authorized to render service to the public pursuant to a concession agreement
approved by the City Commission.
2
(4)( Persons participating in any art show or exhibit held on all city properties under the
specific authorization of the city commission and who are exhibiting paintings or
objects of art produced or created by such persons.
W(d) Enforcement; penalties; appeals; unpaid fines to constitute liens. Enforcement of this
Penalties and enforcement.
A violation of this Section shall be subject to the following fines:
a. If the violation is the first offense, a person or business shall receive a
civil fine of$250.00;
b. If the violation is the second violation within the preceding six months, a
person or business shall receive a civil fine of$500.00;
c. If the violation is the third violation within the preceding six months, a
person or business shall receive a civil fine of $1,000.00; and
d. If the violation is the fourth or subsequent violation within the preceding
six months, a person or business shall receive a civil fine of$2,000.00.
(2) Enforcement. The Miami Beach =Police dDe•artment_ or the Code Corn'Hance
Department, or the Parks and Recreation Department shall enforce this section.
This shall not preclude other law enforcement agencies from any action to assure
compliance with this section and all applicable laws. If a violation of this section
is observed, the enforcement officer will be authorized to issue a notice of
violation. The notice shall inform the violator of the nature of the violation,
amount of fine for which the violator is liable, instructions and due date for paying
the fine, that the violation may be appealed by requesting an administrative
hearing before a special master within ten (10) days after service of the notice of
violation, and that the failure to appeal the violation within ten (10) days of
service shall constitute an admission of the violation and a waiver of the right to a
hearing.
01 Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal; appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to either:
i. pay the civil fine in the manner indicated on the notice of violation; or
ii. request an administrative hearing before a special master to appeal
the notice of violation, which must be requested within ten (10) days
of the service of the notice of violation.
3
b. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73 of this Code. Applications for
hearings must be accompanied by a fee as approved by a resolution of the
city commission, which shall be refunded if the named violator prevails in the
appeal.
c. If the named violator, after issuance of the notice of violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by report from the
police officer. The failure of the named violator to appeal the decision of the
police officer within the prescribed time period shall constitute a waiver of the
violator's right to an administrative hearing before the special master, and
shall be treated as an admission of the violation, for which fines and penalties
shall be assessed accordingly.
d. A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal
property owned by the violator, which may be enforced in the same manner
as a court judgment by the sheriffs of this state, including levy against the
violator's real or personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. On or after the sixty-first (61st)
day following the recording of any such lien that remains unpaid, the City may
foreclose or otherwise execute upon the lien.
e. Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
f. The special master shall be prohibited from hearing the merits of the notice of
violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within
ten (10) days of the service of the notice of violation.
g The special master shall not have discretion to alter the penalties prescribed
in subsection (d)(1).
a. Pay the civil fine as fellews:
4
(i) First offense: $50.00;
(ii) Second offense: $100.00;
(iii) Third and subsequent offenses: $250.00; or
b. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to app al the decision of the code
c. The special master shall not have discretion to alter the penalties prescribed in
subsection (c)(2)a.
(1) Any party aggrieved by the decision of the special master may appeal the decision in
(5) The city may—institute proceedings in a court of competent jurisdiction to compel
sheriffs of this state, including levy against the personal property, but shall not be
from the filing of any such lien which remains unpaid, the city may foreclose or
otherwise execute upon the lien.
(d) [Procedures for appeals.] The procedures for appeal of the notice of violation by
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 part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
5
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days following adoption.
PASSED AND ADOPTED this /3 day of / , 2016.
ATTEST:
%
Rafae714
Granado, City Clerk •" '••
,. • �I /
a
Underline denotes additions INCORP ORAT[ �;
Strike�sugh denotes deletions `�
Double underline denotes additionOter First 7eading•
denotes delotiarj 4fterF_i"r`s't Rea t
`'s-0-1-4-1 2 6
(Sponsored by Commissioner Michael Grieco),
APPROVED AS TO
FORM R LANGUAGE
&FOR EXECUTION •
City Mooney 106
6
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the City I ommission
FROM: Jimmy L. Morales, City Manager A.
DATE: July 13, 2016
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 I, ENTITLED "IN GENERAL"; BY AMENDING
SECTION 82-1, ENTITLED "CONDUCTING BUSINESS ON STREETS,
PARKS OR OTHER PUBLIC PROPERTY; ENFORCEMENT; PENALTIES;
UNPAID FINES TO CONSTITUTE LIENS," BY CREATING SUBSECTION
(B) WHICH EXPRESSLY PROHIBITS COMMERCIAL TRANSACTIONS,
ACTIVITIES OR OPERATIONS AT ANY PARK, BOAT RAMP, BEACH,
STRUCTURE BUILDING OR OTHER PROPERTY OR PLACE OWNED,
MAINTAINED OR OPERATED BY THE CITY; BY PROHIBITING ANY
PORTION OF THE COMMERCIAL TRANSACTION, ACTIVITY OR
OPERATION TO DIRECTLY OR INDIRECTLY OCCUR AT ANY PARK,
BOAT RAMP, BEACH, STRUCTURE BUILDING OR OTHER PROPERTY
OR PLACE OWNED, MAINTAINED OR OPERATED BY THE CITY; BY
MODIFYING SUBSECTION (C), WHICH AMENDS THE EXISTING
EXEMPTION AUTHORITY OF THE CITY MANAGER FOR THE
RENDERING OF SERVICE TO THE PUBLIC; AND CREATING AN
ADDITIONAL EXEMPTION TO THE PROHIBITIONS SET FORTH IN
SECTION 82-1(A) AND (B), THAT WOULD REQUIRE THE CITY
COMMISSION TO APPROVE A CONCESSION AGREEMENT
AUTHORIZING COMMERCIAL ACTIVITIES OR OPERATIONS; AND BY
CREATING SUBSECTION (D), WHICH IS A NEW ENFORCEMENT AND
PENALTY PROVISION FOR VIOLATIONS, LIMITING THE AUTHORITY OF
THE SPECIAL MASTER, AND INCREASING THE MONETARY FINES;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
BACKGROUND
The double lane boat ramp at Maurice Gibb Memorial Park is a no-fee marine vessel
launch facility, with 11 trailer parking spaces, to which access is currently unrestricted.
Historically, the City has received numerous complaints concerning both the commercial
use of the Barry Kutun Boat Ramp and conflicts between operators of motorized and
non-motorized vessels, such as:
• Commercial operations, like tour vehicles/vessels, often fail to observe the no-
wake zone.
• Safety issues occur between operators of small non-motorized vessels
and larger motorized vessels.
1 Rs-A
Agenda Item
Date 7-/3-lL
At the October 31, 2014 Neighborhoods and Community Affairs Committee (NCAC)
meeting, the Committee directed Administration to research and assess options for
regulating the use of the Barry Kutun Boat Ramp.
On January 30, 2015, Administration and members of the NCAC discussed potential
options to manage and improve marine activities on the boat ramp at Maurice Gibb
Memorial Park. Following the discussion, the committee recommended the Mayor and
City Commission to direct Administration to proceed with construction of a floating dock
for non-motorized marine vessels at Maurice Gibb Memorial Park, from which non-
motorized vessels including, without limitation, kayaks, canoes, and paddleboards, may
be launched, and to develop and implement a plan to control access to the boat ramp at
Maurice Gibb Memorial Park by limiting its use to City of Miami Beach residents for non-
commercial purposes only.
On March 30, 2015, Commission accepted the recommendation from NCAC and adopt
Resolution No. 2015-28957, which authorizes the Administration to proceed with the
construction of a floating dock for non-motorized marine vessels at Maurice Gibb
Memorial Park, located at 18th street and Purdy Avenue, Miami Beach FL; establish a
policy for commercial use of the Barry Kutun Boat Ramp at Maurice Gibb Memorial Park,
and in consultation with the City Attorney's Office, to develop and implement a plan to
limit access to the boat ramp.
Following the direction provided by resolution, residents must now register their tow
vehicle through the Parking Department and only residential vehicles with boat trailers
will be allowed to park in municipal parking lot P-45. The metered parking at Maurice
Gibb Memorial Park will remain available to residents and non-residents (as illustrated in
Exhibit A). The enforcement and regulation of these changes at the Barry Kutun Boat
Ramp will be made through the proposed ordinance.
On May 11, 2016, Commission adopted the ordinance on first reading, with direction to
amend to include a provision for water taxis, permitting or licensing amphibian tours,
and/or permitting with kayak renters.
CONCLUSION .
The Administration recommends the City Commission to adopt the amended ordinance
on second reading.
Attachments
Exhibit A — Maurice Gibb Memorial Park Access Regulation
JLM/EC/ R fL
2
1-
- n1
S. Ii<Pile
rn
3
O
XJ
a
r
t+l
rL.
tY.
j
•
•
I �. � •'
s y r .I
,‘,.. .4.. s....,, /. , , .,-,,,kir!,Iloi AV , ..." I,. !I .
C
r, . ....- . , . .
ter. I W°�' _ p
-
./
�A
t
f ,
Li
SIQJ
4 -- �. `pas ,• i-
,q�tF.1
; fir :• .„, ,.,.
i I- d 1
r . y =/
,4" ) 'a* „
s
it
. r i . 14 -4'11,1314 • a ...
R-----1 . ..., „ - ..— .kb, A „...
- , . - vt. .4 , 0 ..,,,, 4,4 '
• ^` t f t - t 4,•&. .� = a 'ti
•
P
O J N
c
r
--c
Y..L, N C 2 C. « .7-7, C v
d Z C vN >CN{. C m N r = c r L °'O O J C " C O Uy l! _O y L C °fO UY y 3 ` C QCC NNC� m2 3 m_ p d >.._ > Q O - ma mm
•O m E U n d ` •>C ? °y -0 ur E °c 8 O E,e,Oa d m-a E L 2d 8 N c O o y O c m N a > U C ai-
E o > m d ° m c 0 E d +Q:N dO C d aau C m e a wc"o,m,a d m - c • c U U g m 0 a o >0 E$ ? d CO o d � o ai . c N� 8y? dc -"i 3> dar' aua w Nm b - W °_ y . Q 0n '00 -
O li a H > O=VJ e d d c L C G ,c`2 '>',• a N rE m L m m m C 4•
:a E 3E0 am ao0 mZ ZCL oud0 $ C Ue m w ° 9 CU U w 0 U} E C a p m m e o C m d ,> y N q E O a, ° C N 0 L V) r C 2 c O U m- -2 0>a, C (?U E c e m y,aH'N ,° `m o i 2 c Ec , Em EC a Vmcm °.5 Q F °-^a
• a c c O m n C.).2 o._•' ` o Q m N ,t° >w_ E_ "2 m U o c•; m . a L C m> U m O N T O V ' G O _ o c 0 w O U m ' aM a �, rE N c m J E u tc Q 0 L Uc c O L a m"L ' L I{a pt c` =0F C .3"- c C J C U• y 2cO i j , �a0 a Ora . 2. VQ2 N UU9 S0 >O OLb E�' - y< Vi •-t do > at— cO Cc no ,. oQ C ? aT, miY>,O t¢O o, LL =o E m�,c O y oQ•N9 a;0- E 0 EQLL ,c o, o LL w N O o0 V d c y(] g F-U Q C r 6 d W O N _ .4 > .6 2,d« = U f0 E� c 3 �'c=:e'- 40000c _1_ d r O d Cm n c.• .-D cn a m Ec .` , E o mr •V ° d O Q 13 a,'5,.2 d d~ m?~ C O `c d E U n ` d(aC, p � T C O L
O- C V_U O as� 4M. Q N m r N - Q L U a °_ U r d n O>°� ¢N
bWm m 0 ' n j c O p�,e . 1 r Q D 9❑ 2. E L 5 t N d L 7 Y N Ei>9 O H d _ >L r ''.°.u�O _ a m y� E Jm o - Qo` mQ.m o a ar a >1- ° -0 ' m o Ecm E•>t eE Ec LUmc N(nm gc yQ ¢ u m c( yE mmLL�OO` m�Ad LL U� u E'm
m 3 d aQ $ m t a o - o,'?d o 3 uQQ y o d dd..:0 o�_�2 4 �o oOa 9d c� c taucg 1m 5a o• ,.
c° o FCr U c d d N U c U c L.C o r L O U a m 0 •C "t L Caw N� (n<D L Do dC- ?c a'au a=800¢0 , mU aE ' Q^N(.i a 9• ^ O d- E C C C u"5 C d d F m C C m> m oa - O �`° ,. , ^ 9c c s Lm E �a rE 0 `a E p N LL 4 o a. C Q o ET,a Y Co eC r, LL(0 0' o L m o e 0 ° as $ o m0, N0 ac a•o m t0 8Q(n •y c m O > m cc; - m L o " •5(o ❑ 0 a t a w n c . � m a' x m 0�a c g_ vm E � ^ a_ N �Oa� N ca o H�V.G '- E Q wQ =c(INm 3 r d j m z 0:•> y m 0d O � o C O L E y O N 0 m y O j',° u(- O•O C C a r M cc � 09c 0 Es N 2 `U O O:
oOy E0au Gia, acmi5coN yG5r,.E E '� Qc
. ( 0 3 Q U'm N _7, V, n Q a a t.:1 cf.-E 2 m 0' 0 0, 2 `E - N m c 'V N u > m 0.
°i>C C C E (>v L E m.a v'C E ,, O _a N A d U m m p m m 7 zC C t--,,,d,,,,,,N C'� O 3m V ai``= O o 2 e - u3 V am N 8 d C C
n m e m E a,>c'El',-.' O a O c v, c-0 o a CQ Q L O C9m d T O ,p d.N a 9 c o m • 7,.11 a o, _Q a aQ-0 m d O = U- c a,N(I4 d a L F Qc U. O � p °m cd . c 0-.0- C E c °� •
ilfl! fli. `�o a c � mc y Nm c oV 2o _ ov- F'-Q c QL O-7 p E N G� > C «r m ( d O O m• t m 'w 0d O p r Q ua U i "C NN � ca, omr EE um ' o 0L L _ 0 7 >N m n 1l LL m L C ,N 0O m'e ° a O d C E_ M d G Z2 m Q V 9 N ' •v 'W Q m M mN 6U a a2cL
' _ o 0 o m•y c U.c 0= 0'9= -. . 000 ',-0.8 �uddOE ?• No
Crn« c T NQ o EN a ° a Om oOm p m_v •u-L a O ui ¢ > 0 0 c 0 Q O Z- O _ E dcc .7 a�
- a0 N N m ` C m y x u c E �w} E a r >m a a �d J EE d C , o cp o ' o c a a0 0 0 c v a,r o C ¢ c m _ c m m '- m 7,,6:.E=U ` Om -oawc� � ev c3E co=¢ m ohm c °OLL = mac, coE Q !� to='.'.a, cz '0 L � � o.m`' Q O LO ¢ cc} ., 9-U- " 'p)- 0 m gEE °.0 O a U `a�: p a y cO a c 2 c c C a y au c C d
H W U o v r a °-0 cC N E c d0 O,? ; i� arC ON U �� a° a >9 0 u CLm a Oj d • E > ii- ea Q� 8 .a a = 0 c ° m V .. O 2 c m o c O a O o f m ^C U''o m _am ; d_Q a T Ut c 0 °(2 Q m LL p m L d 0 0,O rN wO` > Q `.DO ° >- O 2 >2 1-a d o 3E O ¢ .,L >° 1'g a d > L•N p
Z O> r.. aCiC c N y_« .g_a.m. .0:¢' ,Nmm Q m am'w 2 .' 0' u N
c U c o O d m a, _O n m a r2 m e o c�m E a; co 0 2 0 Q" -E d J O E Q d =Q ca,a c m m i d a v m o
m m-Q_ u o L l• _r. _ d ° L. (o •�m m y-- OL1 o N ma y U c m d= i -8°. '2 'u-- >O 8. t d¢r a °°OmEa du 0 o a a` °1 LEc a
n `Q 2m` 0Om0U m 2Vj `U eEE as e mr . ca) N E 00 CrcC > u c • O Q" c m ° 9 a-c 7.0. H ' `° ' °•, E N o =a ° - p 0 E o ca N w== .L2^ o oLLy o occ,1, E > L`> uc LL u 2c m mu m
zc E 0 - 3 cm 3'� ¢ Eao " .0.'0.-03 .1c 0 Z o ' c m r d x �,, ° v .c ° 0 L 9 O d O u d` o¢J i..id. 0 p ' -. mE `O sw E ',7,-E, > ca m o -c 0 ?