2002-3353 ORDORDINANCE NO.
2002-3353
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING MIAMI BEACH CITY CODE SECTION 70-45,
ENTITLED "CAMPING PROHIBITED "OF MIAMI BEACH
CITY CODE CHAPTER 70, ENTITLED "OFFENSES-
MISCELLANEOUS"; PROVIDING FOR DEFINITIONS;
PROHIBITING CAMPING IN PUBLIC PLACES LOCATED
WITHIN THE CITY; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR PENALTIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, it is the policy of the City of Miami Beach that public sidewalks, streets,
alleyways, parks, .beaches, beach access and pedestrian malls, should be readily accessible and
available to residents, visitors and to the public at large for their safe enjoyment; and
WHEREAS, public places in the City of Miami Beach are maintained in a clean and sanitary
condition for the safe enjoyment of all residents, visitors and the public at large; and
WHEREAS, the use of these areas by individuals for camping interferes with the rights of
residents, visitors and the public at large to freely use the areas for which they were intended; and
WHEREAS, prohibiting camping in public places in the City will protect the aesthetic nature
of these areas; and
WHEREAS, prohibiting camping in public places in the City furthers the public health and
safety of the residents and visitors of the City of Miami Beach; and
WHEREAS, the Mayor and City Commission have concluded that the designation of
specific public places in the City where camping is prohibited regardless of the availability or non-
availability of shelter may be accomplished to protect the health, safety and welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 70-45, entitled" Camping Prohibited" of Miami Beach City
Code Chapter 70, entitled "Offenses- Miscellaneous" is hereby enacted to read as follows:
Section 70-45. Camping Prohibited.
1. Definitions.
a. "Camping" means:
(1) Sleeping in a temporary shelter out-of-doors or otherwise being in a temporary shelter
out-of-doors; or
(2) Cooking over an open flame or fire out-of- doors or utilizing non- City designated
cooking facilities outdoor.
be
"Public Place" means any public street, sidewalk, alley, or other public right-of-way,
pedestrian mall, park, playground, beach, beach access or government-owned areas within
the City.
Prohibited activities. It shall be unlawful for any person to engage in camping on any public
place within the City unless specifically authorized for that purpose by the appropriate
govemmontal authority City Manager or his designee.
Evidence of camping. Prior to enforcing a violation of this section, an officer must determine, at
a minimum, that the violator consider the following:
a. Is occupying a public place Simply being asleep in a public place is not sufficient to
constitute a violation of this section; and
b. Is inside a tent or sleeping bag, on a hammock, or is covered by materials such as blankets,
cots, beds, tarpaulins, newspapers, cardboard; or Camping must be taking place in a public
place;
c. Has built a campfire. The person who is engaged in camping must be inside or covered with
material which provides a temporary cover ~'om the elements, including but not limited to, a
tent, sleeping bag, hammock, or blankets, cots, beds, tarpaulins, newspapers, or cardboard;
or ,the person has built a campfire.
Enforcement Procedures and penalties. Ifa law enforcement officer or other authorized official
encounters a person engaged in camping who volunteers that hc or she has no home or other
permanent shelter, he or she must be given an oppommity to enter a homeless shelter or similar
facility, if available. If no such facility is available, an arrest may not be made under subsection
(2). Refusal to enter an available facility will subject the violator to the penalties set forth in
subsection (5). Any person who is observed engaged in camping in an unauthorized area shall
vacate the public place upon the request of an authorized official or law enforcement officer.
The willful refusal to vacate the area shall be punished in accordance with Section 1-14 of this
Code. If a law enforcement officer or other authorized official encounters a person engaged in
camping who volunteers that he or she has no home or other permanent shelter, he or she must be
given an opportunity to enter a homeless shelter or similar facility, if available. If no such facility
is available, an arrest may not be made unless the person refuses to enter the available facility.
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2
designated by th, gov~mmontal authorit3, City Commission for the protection of health, safety
._and w,lfare, regardless of whether an altemative shelter is offered or available.
Penalties. Any person ~vho violates this Section shall vacatc the public place upon the request of
an authorized official or law enforcement officer. The willful rcfusal to vacate the area shall be
punished in accordance with section 10 1 '1 of this Code.
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, 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 maybe tenumbered or relettered 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 ten days after adoptiola.
PASSED AND ADOPTED this 20th day of
ATTEST:
CITY CLERK
~yFmrc? ,200 R02.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
P
NOTICE OF UBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Reach, Rodda, in the
Commission Chambers, 3rd floor. City Hall. 1700 Convention Center Drive, Miami Reach, Florida, on Wednesday, March 20, 2002 at the
times listed below, to consider the following:
·
at 10:40 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III THEREOF,
ENTITLED "AGENCIES, BOARDSAND COMMITTEES," BY AMENDING DIVISION 6, ENTITLED "CULTURAL ARTS COUNCIL," BY AMENDING
SECTION 2-54, ENTITLED "COMPOSITION" AND SECTION 2-55(C). ENTITLED "APPOINTMENT AND TERM OF MEMBERS"; INCREASING THE
NUMBER OF MEMBERS ON THE COUNCIL FROM NINE TO ELEVEN VOTING MEMBERS; PROVIDING FOR SEVERABILITY; CODIFICATION;
REPEALER; AND AN EFFECTIVE DATE.
Inquiries may be directed to Cultural Arts at (305) 673-2787.
at 10:41 a.m.:
AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 42 "EMERGENCY SERVICES," BY ADDING SECTION 42-1 ENTITLED
"MINIMUM STAFFING," PROVIDING FOR CERTAIN MINIMUM EMERGENCY EQUIPMENT AND STAFFING STANDARDS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
Inquiries may be directed to the Fire Department at (305) 673-7120.
at 10:40 a.m.: '
AN ORDINANCE AMENDING MIAMI BEACH CrFY CODE CHAPTER 2, ADDING SECTION 2-461 ENTITLED "CERTAIN RELATIONSHIPS OF CITY
COMMISSION MEMBERS PROHIBITED," BY PROHIBITING MEMBERS OF THE CITY COMMISSION FROM EITHER DIRECTLY OR INDIRECTLY
APPEARING, REPRESENTING, CONTRACTING WITH OR ACTING ON BEHALF OF A PARTY OTHER THAN A NON PROFIT ENTITY WITH RESPECT TO
ANY MAI'I'ER COMING BEFORE THE CITY COMMISSION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
Inquiries may be directed to the Legal Department at (305) 673-7470.
at 10:50 a.m::
AN ORDINANCE CREATING MIAMI BEACH CITY CODE SECTION 70-45, ENTITLED "CAMPING PROHIBITED" OF MIAMI BEACH CITY CODE CHAPTER 70,
ENTITLED "OFFENSES-MISCELLANEOUS'!; 'PROVIDING FOR DEFINITIONS; PROHIBITING CAMPING IN PUBLIC PLACES LOCATED WITHIN THE CITY;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
Inquiries may be directed to the Neighborhood Services at (305) 673-7077.
at 11:50 a.m.:
AN ORDINANCE OF THE MAYOR AND ~ITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS",
ARTICLE II. "DISTRICT REGULATIONS". DIVISION 2, "SINGLE FAMILY RESIDENTIAL DISTRICTS", BY CREATING PROCEDURES FORTHE RB/1EW
OF DEMOLITION REQUESTS FOR HISTORICALLY SIGNIFICANT SINGLE FAMILY HOMES CONSTRUCTED PRIOR TO 1942AND NOT LOCATED
WITHIN A DESIGNATED HISTORIC DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE.
nquiries may be directed to the Planning Department at (305) 673-7550.
ALL INTERESTED PARTIES are invited to appear at this meat ng, 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, 1 st Floor, City Hall, Miami Beach, Flodda 33139. Copies of these ordinances are
available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami
Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, Cti'/Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the crtl/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.
n accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding
should contact the City Clerk's office no later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing
impaired telephone the Florida Relay Service numbers, (800) 955-8771 (TOO) or (800) 955-8770 (VOICE), for assistance. Ad # 0086_.
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance enacting Miami Beach City Code Section 70-45, entitled Camping Prohibited.
Issue:
Shall the City of Miami Beach Commission amend the City Code to prohibit camping in public places,
Item Summary/Recommendation:
The Code of the City of Miami Beach does not have an ordinance defining or regulating camping on public
property. The ordinance will create a definition for camping and prohibit camping in public places. The City
of Orlando and Daytona Beach adopted similar ordinances that prohibit camping in public places. The City
of Orlando's ordinance was challenged through its homeless application and the Eleventh Circuit Court of
Appeals ruled in favor of the City. One of the reasons cited for ruling in favor of the City of Orlando was the
fact that an offer of shelter was made to any homeless individual affected. Due to the concerns expressed
in the case law, the City has incorporated provisions within this ordinance to ensure that the homeless
plight is addressed if such individuals are affected.
Advisory Board Recommendation:
This ordinance was discussed at the Homeless Workshop on January 7, 2002, and again, at the
Neighborhoods Committee meeting held on January 29, 2002. The Neighborhoods Committee members
recommended minor changes which were incorporated in the ordinance. The ordinance was adopted on
first reading at the commission meeting held on February 20, 2002.
Financial Information:
Amount to be expended:
Source of
Funds:
Finance Dept.
Sign-Offs:
Department Director
tr
anager ..........................
AGENDA ITEM
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl. us
COMMISSION MEMORANDUM
To:
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez
City Manager
Date: March 20, 2002
SECOND READING
PUBLIC HEARING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CREATING MIAMI BEACH CITY CODE
SECTION 70-45, ENTITLED "CAMPING PROHIBITED" ON MIAMI BEACH
CITY CODE CHAPTER 70, ENTITLED "OFFENSES-MISCELLANEOUS";
PROVIDING FOR DEFINITIONS; PROHIBITING CAMPING IN PUBLIC
PLACES LOCATED WITHIN THE CITY; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTATION RECOMMENDATION
Adopt the ordinance.
ANALYSIS
The Code of the City of Miami Beach does not have an ordinance defining or regulating
camping on public property. The attached ordinance will create a definition for camping and
prohibit camping in public places. The purpose of the ordinance is to regulate camping on
public property and promote aesthetics, sanitation, public health, and safety. However, this
ordinance provides that the City may grant an exemption for approved groups.
The ordinance is particularly necessary at Lummus Park given the unique nature and use
of this facility. In other parks it is possible to enforce park closures, while the access and
use of Lummus Park by citizens and visitors at all hours makes such an enforcement tool
difficult to use.
The City of Odando and Daytona Beach adopted similar ordinances that prohibit camping
in public places. The City of Orlando's ordinance was challenged in Joel v. City of Odando.
James Joel is a homeless person that was arrested twice for sleeping on the sidewalk. The
Eleventh Circuit Court of Appeals ruled in favor of the City. One of the reasons cited for
ruling in favor of the City of Orlando was the fact that an offer of shelter was made to Mr.
Joel.
Commission Memorandum
March 20, 2002
Page 2
Recognizing that homeless individuals may be affected in Miami Beach's enforcement of
the ordinance, enforcement is tied to the City's policy of homeless outreach, which includes
the offer of shelter to the affected individual. The proposed ordinance also takes into
consideration Pottinger v. City of Miami that stipulates that homeless individuals cannot be
arrested for performing life-sustaining activities by virtue of their homelessness. An offer of
a shelter bed must be made to the homeless person. Due to the concerns expressed in the
Pottinger case, the City has incorporated provisions within this ordinance to ensure that the
homeless plight is addressed. Currently, homeless individuals in the City of Miami are
offered shelter in a Miami-Dade County, Homeless Trust Continuum of Care facility.
The City of Miami Beach is now participating in Miami-Dade County's Continuum of Care
system as our principal homeless initiative. The Continuum of Care delineates a
comprehensive strategy for the delivery and coordination of homeless housing and
services for the entire county, including all its municipalities and five entitlement
jurisdictions, and is comprised of temporary care (emergency housing) for seven (7) to up
to sixty (60) days; primary care (transitional housing) with intensive case management
services for six (6) to nine (9) months, and advanced care (permanent) supported housing.
Services and housing are accessed through a coordinated, county-wide outreach process.
As the City moves forward with our participation in the Continuum of Care system,
Neighborhood Services Department, Office of Homeless Coordination in cooperation with
City of Miami Beach Police Department has begun the identification of homeless sites.
After the homeless sites are identified, caseworkers will conduct extensive outreach and
assessment of the homeless individuals and families. Prior to the closure of the sites,
homeless individuals and families are offered placement in a Continuum of Care facility.
It is important to note that although this memorandum mentions our homeless initiative of
outreach, assessment and placement, the proposed ordinance will be enforced uniformly.
This item was discussed at the Neighborhoods Committee meeting held on January 29,
2002, and the Committee recommended minor changes which have been incorporated into
the ordinance. The Committee also discussed the possible designation of areas of the City
for which justification could be provided to eliminate the need of an offer of shelter in
enforcing this ordinance. The ability to designate such areas was left in the ordinance for
possible future designation and the Committee recommended that no such action be
undertaken at this time. Additionally, the ordinance was unanimously adopted on first
reading at the commission meeting held on February 20, 2002.
Approval is recommended.
JMG/RCMNPG
T:~a~GENDA%2002'dVIAR2002~REGULAR\CarnpingOrdMemo.doc