Ordinance 2019-4266 ORDINANCE NO. 2019-4266.
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 SECTION 82-443
THEREOF, ENTITLED "HIGH IMPACT EVENTS ON BEACH PROPERTY,"
IN ORDER TO EXPAND THE AUTHORITY OF THE CITY MANAGER TO
IMPOSE ADDITIONAL IMMEDIATE MEASURES FOR HIGH IMPACT
EVENTS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is an internationally renowned tourist destination that
is famous for its beaches, shopping, and entertainment, which are among the best in the world;
and
WHEREAS, due to its domestic and international popularity as a resort destination, many
large-scale events, both authorized by City permits and otherwise, occur on City property and/or
on the City's public beaches; and
WHEREAS, the City has seen an increasingly large number of visitors during these
events, and the sizeable number of individuals attending these events has posed numerous
challenges for the City; and
WHEREAS, authorized and unauthorized uses of the beaches and City property during
such events have, from time to time, caused extensive damage, personal injury, property
degradation, and have dramatically affected the quality of life of the City's residents; and
WHEREAS, a significant portion of these events occur on the City's public beaches, and
within the City's"Entertainment District,"which is generally described as the area of Ocean Drive,
from 5th to 15th Streets; Collins Avenue, from 5th to 16th Streets; and Washington Avenue, from 5th
to 16th Streets; and
WHEREAS, these events on the beaches and within the Entertainment District cause
severe congestion and overcrowding upon the City's streets, and result in excessive litter, empty
cups and straws, liquor bottles, and other debris left strewn about on public and private property;
and
WHEREAS, such events also create excessive noise, and disturb the surrounding
neighborhoods and negatively affect nearby businesses and residents; and
WHEREAS, those areas of the City located outside the Entertainment District and the
beaches typically have a greatly reduced incidence of such events occurring; and
WHEREAS, Section 82-443 of the City Code was adopted (pursuant to Ordinance No.
2016-4019), in part, to mitigate the deleterious effects caused by high impact events on public
property (the "High Impact Ordinance"); and
WHEREAS, in order to mitigate such effects, Section 82-443 gives the City Manager
independent authority, upon the City Manager's determination that a high impact event will occur
(or is in progress), to impose certain immediate measures "to protect public property from
damage, property degradation, and/or unauthorized uses;" and
WHEREAS, at the April 10, 2019 City Commission meeting, Mayor Dan Gelber sponsored
an amendment to the City's High Impact Ordinance which was intended to give the City Manager
authority to impose additional measures during high impact events; and
WHEREAS, the Ordinance amendment was presented by the Mayor, in conjunction with
other proposed ordinances intended to provide the City Administration with a more effective set
of "tools" to mitigate the negative effects, strain on the City's resources, and negative impact to
the City's residents and businesses, resulting from intense, heavily attended events during high
impact periods (including, without limitation, Spring Break and Memorial Day weekend); and
WHEREAS, after extensive discussion and public comments, the City Commission
adopted the proposed amendments to the High Impact Ordinance on first reading; however, the
Ordinance was referred to the Neighborhoods and Community Affairs Committee between first
and second reading with,the direction that the Committee review the definition and criteria for
declaring a "high impact event;" review the City Manager's prescribed authority with regard to the
measures he could impose without City Commission approval during such periods; and that the
City Attorney's Office work with the Administration in "streamlining"the Ordinance, so that it could
be more effective for its intended purpose; and
WHEREAS, the Neighborhoods and Community Affairs Committee (NCAC) heard the
item at its April 24, 2019 meeting and, at that time, accepted recommendations proffered by
Commissioner (and NCAC Chairperson) Michael Gongora and the City Attorney's Office, which
resulted in the following amendments for second reading:
• limiting application of the Ordinance to a "High Impact Zone" within the City, which
would include the City's public beaches, and the Entertainment District;
• changing the term "High Impact Event" to "High Impact Period," and refining the
definition of what constitutes a High Impact Period (within a High Impact Zone);
• refining the measures that the City Manager can take once he has provided written
notice to the Mayor and City Commissioners and declared that a High Impact Period
exists (within the High Impact Zone); and
• providing for a duration to the City Manager's measures of 72 consecutive hours (after
which, the City Manager must seek the City Commission's approval to extend); and
WHEREAS, it is recommended that the Mayor and City Commission adopt such
measures, as set forth herein, to further protect the public beaches and City property during High
Impact Periods, and to mitigate the adverse and deleterious effects that certain activities during
High Impact Periods can have upon the City's resources, residents and businesses.
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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 Miami Beach is
hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE V. BEACHES
* * *
DIVISION 1. GENERALLY
* * *
Sec. 82-443. High impact periods within High Impact Zones
(a) Definitions.
"High Impact Zone"means - _ '__._:._::___._...'--_:_____.____ _'-:-_-- _-=_
of tho City of Miami Booth that may bo impacted by a high impact event Fac dofinod boroin)
,fi) the public beach property between the Mean High Water Mark and the Erosion Control
Line • - - -- • --•- -- --- -- - - -- - - - _-- --, 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,
_ ____- 2.= - -= _ --=_- -- - - ---==-= --=_= and/or
(ii) the MXE mixed use entertainment district, excluding that portion of the MXE District
located between 73rd and 75th Streets; and/or
(iii) that portion of the CD-2 commercial, medium intensity district between Pennsylvania
Avenue and Collins Court, from 5th Street to 16th Street-and-extended.
High impactperiod means _ - _ = t-- _ _ _ -_---s-s-s _ -- _' . : ,.,• ..
•
(1) An event, activity or period of time within a High Impact Zone
for which no City issued special event permit has been granted, and either
(i) in the prior calendar year, generated attendance of more than 10,000 people;; or (ii)
if it is the first occurrence of an event, activity or period of time, it is expected-to generate
attendance by mono than 5,00.0 pooplo for an aroa of boach proporty that oxtondc loco
than 15 City blocks from south to north of more than 10,000 people, as determined by
the City Manager;, in his reasonable discretion; or
(2) City parking tote and garagoc in an aro-a within a 1Z block r-adiuc of an avant that is hold
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(3) An event that is held pursuant to a City-issued special event permit=t which is expected
to result in attendance by more than 25,000 people within a High Impact Zone
isfeiaeftw, as determined by the City Manager, in his reasonable discretion.
.
isTeiseror
(b) City Manager's authority to impose immediate measure(s) feduring high impact periods
ems. Whenever the City Manager determines that a high impact eperiod in a High
Impact Zone end will occur, or is in progress, one or more of the following
immediate measures may be imposed on beach property to protect the-the public health,
safety and welfare including, without limitation, the protection of public and private
property - _ _ _:==_- ==- = _ = '- - __._... = _- :- -:-__--_ _ from damage,
imaperty degradation, and/or unauthorized uses:
(1) The prohibition of any direct or indirect consumption of alcohol on public beach property.
(2) The limitation of live or amplified music, including those exemptions set forth in Section
46-157 of this Code.
(3) 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 ••••• ••• • -• , - _, •-
(4) The establishment of occupancy limits for different segments of public beach property,
and prohibiting access to those areas that have reached those occupancy limits.T#e
157 of this Code.
(5) The prohibition of coolers and inflatable devices on public beach property.Te limitation
(6) The prohibition of tents, tables, and similar structures. •- -- - - -•••-• - • •^-
welt aFeAsi=t4e=ganer=a1=publi&
(7) 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. -- : a-.a. = = - - - = -: _ _--- : =-
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(8) The suspension, or the issuance, of a business tax receipt to promoters pursuant to
Section 102-360(2), (3), and (4) of this Code.
(10)The suspension and closure of all or part of sidewalk café operations (including: without
limitation, the removal of all or any sidewalk café furniture) pursuant to Section 82-
381(e)(i) of the Code.
(c) Notification of high impact perbslevefft measures. When one or more immediate measures
are implemented by the City Manager pursuant to subsection (b) above, the City Manager
shall provide written notice to the Mayor and City Commissioners of the measures he intends
to take, including their intended duration; provided, however, that the City Manager shall not
implement such measures for a consecutive period of more than 72 hours without calling an
emergency meeting of the City Commission and getting the City Commission's approval to
extend. Notice shall also be __ _ ••>_ __ __ -e •_ _ _ _ •_ _ __ ' '3e _
provided to appropriate news media for publication and to local radio and
television stations for broadcast, as well as posted on the City's website. 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 sSection 1-14 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 may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the /8 day of P/¢1 , 2019.
PASSED AND ADOPTED this 11 day of my , 2019.
ATTEST: v
-11/01/
4f !,711 Dan Gelber a or
Y
Ra ael E. ranado, City Clerk
Underline denotes additions; Str ough denotes deletions
Double underline denotes additions after First Reading
denotes deletions after First Reading
(Sponsored by Mayor Dan Gelber)
APPROVED AS TO
, FORM&LANGUAGE
iaeb,
�� �+ &FOR EXECUTION
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,' * ..7. City Attorney Date
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6
IAMI BE -
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION SECOND READING
JIMMY L. MORALES, CITY MANAGER
FROM: RAUL J. AGUILA, CITY ATTORNE p,L
DATE: MAY 8, 2019
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 SECTION 82-443 THEREOF, ENTITLED "HIGH IMPACT
EVENTS ON BEACH PROPERTY," IN ORDER TO EXPAND THE
AUTHORITY OF THE CITY MANAGER TO IMPOSE ADDITIONAL
IMMEDIATE MEASURES FOR HIGH IMPACT EVENTS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
On April 10, 2019, after extensive discussion and public comment, the City Commission adopted
an Ordinance on first reading, sponsored by Mayor Dan Gelber, amending the City's existing
legislation, as codified in Section 82-443 of the City Code, pertaining to High Impact Events
occurring on public property.
The Ordinance was referred to the Neighborhoods and Community Affairs Committee between
first and second reading, with the direction that the Committee review the definition and criteria
for declaring a "high impact event," as well as to review the City Manager's prescribed authority
with regard to the measures he could impose without City Commission approval during such
periods.
The Neighborhoods and Community Affairs Committee heard the item at its April 24, 2019
meeting and, at that time, accepted recommended amendments proffered by Commissioner(and
NCAC Chairperson) Michael Gbngora and the City Attorney's Office. Those amendments were
subsequently discussed with Mayor Gelber who, after reviewing same with the City Attorney's
Office, has agreed to their inclusion into the Ordinance on second reading. /
The proposed amendments are summarized as follows:
1. In Section 82-443(a), the term "Beach property" has been changed to "High Impact Zone."
This is significant because the definition of such term has been substantially narrowed to
comport with the direction provided by the City Commission and NCAC; that is, to capture
Commission Memorandum
May 8, 2019 Page 2 of 3
and encompass the most immediate areas within the City where these high impact events
or periods are occurring. As drafted in the original legislation for Section 82-443 in 2016,
the term "beach property" encapsulated the City's public beaches. The first reading
version of the Ordinance on April 10, 2019, expanded the term to include not only the
beaches, but all City/public property located within the municipal boundaries of the City of
Miami Beach. The City Commission expressed the concern that this definition may have
been overbroad. Now, the renamed and redefined term, "High Impact Zone," means only
the beaches and the "Entertainment District" (i.e. those areas of concern in the South
Beach area of the City where the most intense, large scale "high impact" events have
historically occurred). The "Entertainment District" is generally defined as Ocean Drive,
from 5th to 15th Streets; and Collins Avenue, from 5th to 16th Streets; and Washington
Avenue, from 5th to 16th Streets.
2. The term "High Impact Event" in Section 82-443(a), has been renamed "High Impact
Period"to encompass any event, activity or period of time occurring (or in progress)within
a High Impact Zone.
3. The City Manager previously had eight (8) different criteria, the occurrence of any one (1)
of which could be utilized to declare a "High Impact Event." Now, however, the criteria
within which the City Manager can declare a High Impact Period is confined to:
a. an unpermitted event, activity, or period of time, within a High Impact Zone, that in the
prior year generated (or if there was no event in a prior year, is expected to generate)
attendance by more than 10,000 people; or
b. a specially permitted event, within a High Impact Zone, that is expected to result in
attendance by more than 25,000 people.
4. With regard to the City Manager's authority to impose immediate measures for High
Impact Periods within High Impact Zones, the first reading version of the Ordinance
provided ten (10) measures which could be immediately implemented upon the City
Manager's determination. For second reading, those measures (of which there are now
nine (9)) have also been refined, and include the ability to suspend the issuance of
business tax receipts to promoters, and suspend, or close, all or part of a sidewalk café.
(These last two measures are presented in separate Ordinances which are also before
the City Commission on second reading at the May 8, 2019 Commission meeting).
5. Finally, in Section 82-443(c), the City Manager is required to provide written notice to the
Mayor and City Commission before declaring a High Impact Period, setting forth those
measures he intends to take and their intended duration. Additionally, the City Manager
is now only authorized to implement such measures for a maximum period of seventy-two
(72) consecutive hours, and must call an emergency meeting of the City Commission to
seek the Commission's approval to extend such measures (beyond 72 consecutive
hours).
Commission Memorandum
May 8, 2019 Page 3 of 3
The amended Ordinance has been refined on second reading to:
(i) provide for a narrower geographic area of applicability, by defining the term "High
Impact Zone"to only include the City's beaches and the Entertainment District in South
Beach;
(ii) refine the criteria that defines a "High Impact Period";
(iii) address the most immediate and necessary measures that the City Manager can take
during a High Impact Period; and
(iv) limit the City Manager's authority to a specific duration (i.e. 72 hours), after which City
Commission approval would be required to continue any imposed measures.
The re-drafted Ordinance has resulted in a better, balanced version than the current version in
the City Code, and the version presented on first reading, and I recommend that the City
Commission adopt same on second and final reading.
RA/AB/sp
Ordinances - R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: May 8, 2019
1:32 p.m. Second Reading 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 SECTION 82-443 THEREOF,
ENTITLED "HIGH IMPACT EVENTS ON BEACH PROPERTY," IN ORDER
TO EXPAND THE AUTHORITY OF THE CITY MANAGER TO IMPOSE
ADDITIONAL IMMEDIATE MEASURES FOR HIGH IMPACT EVENTS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
RECOMMENDATION
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
Page 442 of 1102