2003-3411 OrdinanceORDINANCE NO.: 2003-3411
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
CREATING ARTICLE III ENTITLED "PANHANDLING IN
PUBLIC PROPERTY" OF CHAPTER 74 ENTITLED
"PEDDLERS AND SOLICITORS", BY DEFINING
PANHANDLING AND SOLICITATION; BY PROHIBITING
PANHANDLING AND SOLICITATION ON DESIGNATED
AREAS WITHIN THE CITY, PROVIDING FOR PENALTIES
FOR VIOLATIONS, PROVIDING FOR REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, Lincoln Road, Ocean Drive an~ Washington Avenue and Collins Avenue
have developed into unique historic areas within the city nationally recognized as pr/mary tourist
destinations in Florida; and
WHEREAS, Lincoln Road, Ocean Drive an~ Washington Avenue and Collins Avenue are
streets located in the south end of the city which are host to a reported 14 million customers and
patrons and 6 million tourists annually; and
WHEREAS, most of the tourists and visitors to these areas visit the strip of beach adjacent
to Ocean Drive in order to enjoy recreational activities; and
WHEREAS, Lincoln Road, Ocean Drive and,_Washington Avenue and Collins Avenue serve
as primary dining and entertainment venues comprised of restaurants, sidewalk cafes, nightclubs and
stores heavily trafficked by residents, visitors and tourists who desire to visit, shop, dine at these
venues or simply stroll down these areas without any disruption and intimidation; and
WHEREAS, panhandlers and solicitors often obstruct the sidewalks located within these
areas causing pedestrians to step onto moving traffic endangering the safety of others; and
WHEREAS, panhandlers and solicitors often disrupt the daily activities performed at outdoor
cafes and restaurants, nightclubs, theaters and food stores selling alcoholic beverages, by disrupting
business and physically approaching, harassing and intimidating residents, visitors and tourists in
places where it is difficult to exercise the right to decline to listen to them or avoid their solicitations;
and
WHEREAS, the City of Miami Beach has a significant governmental interest in providing its
residents, visitors and tourist industry with a pleasant, enjoyable and safe environment free of
nuisance activity; and
WHEREAS, enforcement of Miami- Dade County's "Aggressive Panhandling" Ordinance
has been unsuccessful in abating the problem; and
WHEREAS, the City of Miami Beach recognizes that panhandling is entitled to First
Amendment protection and such regulation must be content-neutral, narrowly tailored to serve a
significant government interest, leaving open ample alternative channels of communication; and
WHEREAS, there are ample alternative locations within the City of Miami Beach where
panhandling and solicitation is permitted such as other public fora within the city; and
WHEREAS, the regulation in this instance is narrowly tailored to curb a problem unique to
~";,'~ several areas and does not unreasonably interfere with constitutionally protected rights.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Article III entitled "Panhandling on public property" is created to read as
follows:
ARTICLE Ill. 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:
Collins Avenue means the area bounded on the south by Fifth Street and bounded on
the north by Tenth Street.
Foodstore 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.
Lincoln Road means the area bounded on the oast west by Alton Road and bounded
on the west east by Collins Avenue.
Ocean Drive means the area bounded on the south by First Street and bounded on
the north by Fifteenth Street, including the strip of beach area extending from First
Street to Fifteenth Street.
Outdoor card 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, parmership, corporation, society
or other entity.
Sidewalk card 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 caf6.
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 panhandline or beeeine.
Washington Avenue means the area bounded on the south by Fir:t Fifth Street and
bounded on the north by Seventeenth Street.
74-77. Applicability of article.
This section does not affect the city's existing regulations regarding charitable solicitations;
non-profit vending or distribution; street performances or art vending; or, the prohibition
against aggressive or obstructive panhandling.
74-78. Panhandling/Solicitation Prohibited on Public Property.
Notwithstanding the city's regulations regarding charitable solicitations, i t shall be unlawful
for any person to panhandle or solicit on public property in the following areas:
(1) Lincoln Road;
(2) Ocean Drive;
(3) Washington Avenue;
(4) Collins Avenue;
(5) Within ten (10) feet in any direction from the outside perimeter of any outdoor caf6,
outdoor restaurant, sidewalk caf6 or other establishment serving food or beverages
for immediate consumption, unless expressly authorized by the owner, manager or
supervisor of the establishment;
(6) Within ten (10) feet in any direction from the outside perimeter of areas where five
or more persons are waiting to gain admission to a place, establishment or public
gathering including but not limited to, bar, convention center, concert hall, gallery,
motion picture house, public event or performance, nightclub, restaurant, theater;
(7) Within ten (10) feet in any direction from any entranceway into or exit from any
foodstore selling alcoholic beverages or package store.
74-79 Penalties.
Any person who is observed violating the provisions of Section 74-78 shall be subject to the
penalties provided for in Section 1-14 of the Code.
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. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
PASSED AND ADOPTED this 21stday of ~ '/~7/
/ ' 4KYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
II
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
CORRECTED NOTICE
NOTICEIS HEREBY given that public hearings will be held by the Mayor and City Commission of
the Cityof M ami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, May 21, 2003, at the times listed below:
At 10:30 a.m.
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE
Ry AMENDING CHAPTER 130 "OFF-STREET PARKING," SECTION 130-32 "OFF-STREET
~,~RKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33 "OFF-
STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, AND 4, BY ADDING
PARKING REQUIREMENTS FOR HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
/at 11:15 a.m.:
~-AN ORDINANCE CREATING ARTICLE III ENTITLED "PANH,,ANDLING IN PUBLIC PROPERTY" OF
CHAPTER 74 ENTITLED "PEDDLERS AND SOLICITORS, BY DEFINING PANHANDLING AND
SOLICITATION; BY PROHIBITING PANHANDLING AND SOLICITATION ON DESIGNATED AREAS
WITHIN THE CITY, PROVIDING FOR PENALTIES FOR VIOLATIONS, PROVIDING FOR
REPEALER, SEVERABILITY AND EFFECTIVE DATE.
Inquires may be directed to the Police Department at (305) 673-7925.
ALL INTERESTED PARTIES are invited to appear at this hearing, 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, 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, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., 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 (TRY) or (800) 955-8770 (VOICE).
(Ad #176)
CiTY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
lAn ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, creating Article III
entitled "Panhandling on Public Property" of Chapter 74 entitled "Peddlers and Solicitors", by defining
panhandling and solicitation; by prohibiting panhandling and solicitation on designated areas within the City,
providing for penalties for violations, providin9 for repealer, severability and effective date.
Issue:
I
Property" of Chapter 74 entitled "Peddlers and Solicitors", by defining panhandling and solicitation; by [
I
IShall the City of Miami Beach pass an ordinance creating Article Ill entitled "Panhandling on Public
prohibiting panhandling] and solicitation on desi~lnated areas within the City?
Item Summary/Recommendation:
The Administration recommends the adoption of this ordinance. Our residents, visitors, and businesses
have been besieged by a deluge of panhandling that occurs at these entertainment venues and other places
of public gathering. While the panhandling is not necessarily characterized as "aggressive" pursuant to
Miami-Dade County's Ordinance, it does create intimidation and a sense of being accosted to patrons of
dining and entertainment venues.
This ordinance will enhance the aggressive or obstructive panhandling prohibitions by restricting panhandling
and solicitation on public property in and around defined entertainment venues and foodstores or package
stores selling alcoholic beverages. These prohibitions extend specifically, on any public property on Lincoln
Road, Ocea~ Drive, Washington Avenue from 5th Street to 17th Street, and Collins Avenue from 5th Street to
10th Street; and within ten (10) feet in any direction from the outside perimeter of any outdoor cafb,
restaurant, bar, movie theatre, convention center, concert hall, and gallery. Ample alternative locations and
public forums within the City of Miami Beach still exist where panhandling and solicitation is permitted.
The City has a significant governmental interest in providing its residents, visitors, and tourist industry with
a pleasant, enjoyable, and safe environment free of nuisance activity and to this end, it is imperative that
we provide our Police and Code Compliance Departments the necessary tools to effect change and have
an impact on the currant state of panhandlincj and solicitations.
Advisory Board Recommendation:
J N/A
:inancial Information:
Amount to be expended:
Source of Amount Account APProved
Funds: 1
2
3
4
- Finance Dept. Total
ii'In 'ODePffSjrtment Director
AsSistant City Manager
T:~AGENDA~2003\rnay2103\regular~Panhandling Ordinance SUM.doc
Ci~ Manager
CITY OF MIAMI BEACH
CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMi BEACH, FLORIDA 33139
www.ci miami-beach.fi.us
TO:
From:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
City Manager
Date: May 21, 2003
SECOND READING
PUBLIC HEARING
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CREATING ARTICLE III ENTITLED
"PANHANDLING ON PUBLIC PROPERTY" OF CHAPTER 74 ENTITLED
"PEDDLERS AND SOLICITORS", BY DEFINING PANHANDLING AND
SOLICITATION; BY PROHIBITING PANHANDLING AND SOLICITATION
ON DESIGNATED AREAS WITHIN THE CITY, PROVIDING FOR
PENALTIES FOR VIOLATIONS, PROVIDING FOR REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The City of Miami Beach is internationally recognized as a premiere tourist destination
boasting a reported 14 million visitors annually. Indeed, the City's entertainment venues -
from outdoor cafes and nightclubs - provide an ambiance for visitors and residents alike to
enjoy as well as supporting our resort tax base for the benefit of the community as a whole.
Unfortunately, our residents, visitors, and businesses have been besieged by a deluge of
panhandling that occurs at these entertainment venues and other places of public
gathering. While the panhandling is not necessarily characterized as "aggressive"
pursuant to Miami-Dade County's Ordinance, it does create intimidation and a sense of
being accosted to patrons of dining and entertainment venues.
This ordinance will enhance the aggressive or obstructive panhandling prohibitions by
restricting panhandling and solicitation on public property in and around defined
entertainment venues and foodstores or package stores selling alcoholic beverages.
These prohibitions extend specifically, on any public property on Lincoln Road, Ocean
Dr ve Washington Avenue from 5th Street to 17th Street, and Collins Avenue from 5th Street
to 10th Street; and within ten (10) feet in any direct on from the outside perimeter of any
outdoor cafe, restaurant, bar, movie theatre, convention center, concert hall, and gallery.
Ample alternative locations and public forums within the City of Miami Beach still exist
where panhandling and solicitation is permitted.
CONCLUSION
The City has a significant governmental interest in providing its residents, visitors, and
tourist industry with a pleasant, enjoyable, and safe environment free of nuisance activity
and to this end, it is imperative that we provide our Police and Code Compliance
Departments the necessary tools to effect change and have an impact on the current state
of panhandling and solicitations.
JMGIDDIAMIRMIHDC
T:~AGENDA~003~-nay2103~regular~Panhandling Ordinance MEMO.doc
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM
TO:
FROM:
SUBJECT:
Mayor David Dermer
Members of the City Commission
Murray H. Dubbin/~
City Attorney
PANHANDLING ORDINANCE
DATE: May 21,2003
SECOND READING
Pursuant to the vote at the Commission meeting held on April 30,2003, the attached
Ordinance is submitted for Second Reading. The Ordinance, as amended, defines
panhandling and prohibits panhandling activities from taking place in certain specific areas
within the City.
it is recommended that this Ordinance be passed as amended.
MDP/ag