Ordinance 2020-4331 ORDINANCE NO. 2020-4331
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 IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY
AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING
SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-385, ENTITLED
"MINIMUM STANDARDS, CRITERIA,AND CONDITIONS FOR OPERATION
OF SIDEWALK CAFES," ESTABLISHING THE REQUIREMENT THAT
SIDEWALK CAFÉ OPERATORS STACK AND SECURE SIDEWALK CAFE
FURNITURE AT THE CLOSE OF BUSINESS EACH DAY; AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, on June 6, 2019, the Mayor's Panel on Ocean Drive — Safety, Security and
Infrastructure Subcommittee, passed a motion supporting a requirement that sidewalk café
operators stack and secure sidewalk café furniture (which is left in the public right-of-way) during
non-operational hours; and
WHEREAS, presently, sidewalk café operators are prohibited from stacking or piling up
furniture on the public right-of-way pursuant to Section 82-385(1) of the City Code; and
WHEREAS, sidewalk café furniture which remains in place after the close of business,
especially in areas of reduced foot traffic, serves as an attractive nuisance; and
WHEREAS, City staff has determined, through firsthand observations and conversations
with various stakeholders, that a requirement regarding the stacking and securing of sidewalk
café furniture at the close of business each day should be required; and
WHEREAS, on September 25, 2019, the Neighborhood and Community Affairs
Committee (now known as the Neighborhood and Quality of Life Committee) discussed this
matter and expressed concern about those persons who loiter on sidewalk café furniture after-
hours, which creates safety issues and presents difficulties regarding early morning maintenance
and cleaning; and
WHEREAS, the Committee unanimously recommended that sidewalk café operators be
required to stack and secure all sidewalk café tables and chairs (which are left in the public right-
of-way) at the close of business each day, and further recommended that the item be presented
to the full City Commission for review and approval; and
WHEREAS, mandating that sidewalk café operators stack and secure sidewalk café
furniture at the close of business each day will reduce the opportunity for individuals to loiter
during sidewalk café non-operational hours; allow for a more thorough cleaning of the public right-
of-way; and enhance visitors' dining experience at those times when the sidewalk cafés are
operational.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 82-385 of the City Code of Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE IV. - USES IN PUBLIC RIGHTS-OF-WAY
* * *
DIVISION 5. - SIDEWALK CAFES
* * *
Subdivision II. – Permit
* * *
Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes.
(a) The permittee shall take any and all actions to assure that its use of the public right-of-way
in no way interferes with pedestrians utilizing the right-of-way and in no way limits their free,
unobstructed passage thereto.
(b) Sidewalk cafes shall be located in such a manner that a distance of not less than five feet is
maintained at all times as a clear and unobstructed five-foot pedestrian path around public
amenities and areas such as, by way of example, fountains, landscaped areas (excluding
city planters), and seating/shade structures. A five-foot pedestrianpath shall also be required
and established where the city manager, in his reasonable judgment and discretion,
determines that the operation of a sidewalk cafe inhibits pedestrian access to an adjacent
business establishment or adversely affects the visibility of an adjacent storefront.
Notwithstanding the preceding, the city manager, in his reasonable judgment and discretion,
and on a case-by-case basis, may approve and allow for a pedestrian path of less than five
feet where an applicant/permittee's sidewalk cafe operation would be significantly impacted.
In considering such cases, and in determining whether an applicant/permittee is"significantly
impacted," the city manager may apply the criteria set forth in Sections 82-384(c)(1)—(4)
herein.
(c) No tables, chairs, umbrellas, or other sidewalk cafe furniture shall be permitted within ten feet
of a bus bench and/or bus shelter.A distance of five feet shall be maintained from taxi stands,
fire hydrants, bike racks, directory signage/kiosks, and/or other similar public street furniture
and/or fixtures.
(d) No tables, chairs, umbrellas or other sidewalk cafe furniture shall be permitted within five feet
of an alley, pedestrian crosswalk, or corner curb cut.
(e) The pedestrian path for Lincoln Road shall be a 12-foot clear path for emergency and
maintenance vehicles. The exact location of the path on each block shall be determined by
the city manager, in his reasonable judgment and discretion, and shall be incorporated into
the sidewalk cafe site map of Lincoln Road.
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(f) No object shall be permitted around the perimeter of an area occupied by tables and chairs
which would have the effect of forming a physical or visual barrier discouraging the free use
of the tables and chairs by the public or, in the case of Lincoln Road, which would have the
effect of obstructing the pedestrian path or public access between the north and south sides
of Lincoln Road.
(g) The area covered by a sidewalk cafe permit, and the sidewalk and street immediately
adjacent to it, shall be maintained in a clean, neat and orderly appearance at all times by the
permittee. The area of the sidewalk, curb and gutter immediately adjacent to the sidewalk
cafe shall be cleared of all debris during hours of operation, and again at the close of each
business day, or as may otherwise be determined by the city manager. The permittee shall
be responsible for pressure cleaning the floor surface on which the sidewalk cafe is located
at the close of each business day. The city shall pressure wash the right-of-way from time to
time in accordance with such schedule as shall be established in the reasonable judgment
and discretion of the city manager. In establishing said schedule, the city manager shall use
reasonable efforts to assure that the city's pressure cleaning of the public right-of-way occurs
at such times as will cause the least disruption to sidewalk cafe operations.
(h) Tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be maintained in a
clean, attractive, and orderly appearance, and shall be maintained and kept in good repair at
all times.
(i) All sidewalk cafe furniture shall be of high quality, design, materials, and workmanship so as
to ensure the safety, comfort, and convenience of the public.
(j) Only the sidewalk cafe furniture specifically shown on the approved sidewalk cafe site plan
shall be allowed in the permit area.
(k) All tables, chairs, umbrellas, and any other sidewalk cafe furniture shall be readily removable,
and shall not be physically attached, chained, or in any other manner affixed to any public
structure, street furniture, signage, and/or other public fixture, or to a curb and/or public right-
of-way.
(1) Notwithstanding the provisions of subsection above, on the west sidewalk on Ocean
Drivel between 5th Street and 15th Street, umbrellas may be affixed to the sidewalk with
an in-ground mount system that is flush with the sidewalk or with a bolted metal plate not
to exceed nine inches by nine inches in size. A detailed engineering design, and a
structural analysis of either the mount system or metal plate, shall be submitted to the
department of public works for review and approval. If permitted, such mount system or
metal plate must be easily removable (as determined by the city) to provide a smooth
ADA-compatible surface when the mount system or metal plate is removed. In the event
that a sidewalk cafe is no longer a permitted, the umbrellas and entire mount system or
metal plates shall be removed and a standard concrete sidewalk shall be re-installed,
subject to the review and approval of the department of public works.
(I) -- • - - e•.-- -- - - - - - - - -- -• - e .
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umbrellas may remain on the right of way as long as 80 percent of the restaurants on
determination on two separate times during each permit year. The first determination
shall be made on October 1, with the second determination being made on April 1 of
each year. The phrase "open for lunch" shall be defined by the serving of meals to
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patrons during the lunch hour. If the city determines that Icsc than 80 percent of the
_ _
permit year, then the following regulation shall apply to all restaurants on Lincoln Road
Mall.
(
2) Any-and-a11-ether aSidewalk cafe furniture including, without limitation, rolling service
stations, service carts, and bussing stations, may only be maintained in the sidewalk
café permit area during hours of operation; provided however, that planters that which
cannot be readily removed may remain within the permit area subject to the provisions
of subsection (q) hereof. On Lincoln Road Mall, rolling service stations, service carts,
and bussing stations shall not be permitted to be placed within five feet of the walls,
columns, or posts of the Lapidus structures, city planters, or in front of other storefronts
and/or business establishments. Notwithstanding the foregoing, sidewalk café tables,
chairs and umbrellas may remain in the sidewalk café permit area after-hours.
Sidewalk café operators shall neatly stack and/or secure all tables and chairs (and
close-up all umbrellas) which remain in the sidewalk café permit area at the close of
business each day, in order to prohibit the unauthorized use of such sidewalk café
furniture during non-business hours.
Notwithstanding anything contained in this subsection (I),the city manager may require a sidewalk
café permittee to store its tables, chairs and/or umbrellas off of the public right-of-way if, in his
reasonable judgment and discretion, the city manager determines that the sidewalk café permit
area and immediately adjacent public right-of-way are not being adequately maintained in
accordance with this division.
(m) No storage of dishes, silverware,. or other similar sidewalk cafe equipment shall be allowed
in the permit area, or in any other portion of the public right-of-way, or outside the structural
confines of the building in which the restaurant is located, during non-business hours.
(n) One menu board shall be permitted, per sidewalk cafe, for every 50 feet of frontage. No food
or drink special(s) may be displayed, disclosed, or posted on any menu board or sandwich
board sign. Specials board(s) are prohibited in all sidewalk café permit areas and any other
portion of the public right-of-way.
(1) Exception. As applicable only to those sidewalk cafés located north of 63rd Street, the
provision in subsection (n) that pertains to the prohibition on specials board(s) in
sidewalk café permit areas and public rights-of-way shall not take effect until July 27,
2020.
(o) No advertising signs or other commercial signage shall be permitted on the public right-of-
way except that the restaurant name and/or its logo may be permitted on umbrellas but such
logos and/or lettering may not exceed six inches in height.
(p) Umbrellas shall be fire-retardant, pressure-treated or manufactured of fire-resistant material.
No portion of an umbrella shall be less than six feet eight inches above the right-of-way. Two
or more umbrellas may not be clipped, zipped or otherwise fastened together in order to form
a tent-like structure. Clear plastics or other materials may not be fastened, rolled or otherwise
be attached to umbrella edges in order to create an enclosure.
(1) Notwithstanding the provisions of subsection (p), and subject to planning department
review and approval, the following provisions shall apply to sidewalk cafes located on
the west sidewalk on Ocean Drive, between 5th Street and 15th Street:
a. A maximum of three umbrellas may be zipped together;
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b. Rain gutters may be installed between zipped umbrellas; and
c. Colorless and transparent roll-down tarps may be permitted to be attached to
umbrellas, provided that the tarps are only utilized during periods of strong wind or
rainfall. Within one hour of the cessation of such wind and/or rainfall, the roll-down
tarp shall be removed from the umbrella/awning system and stored on private
property.
(q) The city manager may permit the use of planters manufactured of terra-cotta or polymer
materials, with the number and size to be reviewed at time of application. Placement of
planters within sidewalk cafe areas shall be five feet apart or greater. It shall be the permittee's
responsibility to immediately remove planters, upon written and/or verbal notice from the city
manager, in case of emergency or other circumstances.,as provided in this division. Maximum
size of planters shall not exceed the following:
(1) Rectangular planters: 30 inches long, by 15 inches wide by 20 inches high.
(2) Round planters: 24 inches diameter by 24 inches high.
(3) Planters 20 inches or higher shall be on rollers or on rolling bases.
(4) The combination of planters and plant height should not exceed a table height of 34
inches.
Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant fertilizers
which contain material that can stain the sidewalks shall not be allowed. Water drainage from any
plants onto the sidewalk shall not be allowed. Potted plants shall have saucers or other suitable
systems to retain seepage.
(r) Permittees may make written request to the city manager to use city electricity for powering
floor fans during the summer months. Summer months are defined as the period beginning
on May 1, and ending on September 30. The city manager will make electrical outlets
operable upon payment of a flat fee, which fee shall be determined, and may be adjusted
from time to time, in the reasonable judgment and discretion of the city manager, for each of
the calendar days during the summer months. City electrical outlets will be restricted to
powering floor fans only. Using the electrical outlets for powering lights, menu board lighting,
and any other electrical device is strictly prohibited. Permittees violating this restriction will
have the electrical boxes deactivated and forfeit any monies paid for electrical use. Fans
must be UL approved for outdoor use. Extension cords are not allowed.
(s) No permit shall be granted on Lincoln Road in an area designated in the sidewalk cafe site
map as restricted for special and cultural events; provided however, that the city manager
may approve temporary use of such area(s), on a case by case basis, and only for a defined,
limited period of time.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
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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 the az day F&buca72020.
PASSED and ADOPTED this /2. day of FegekGrf , 2020.
ATTEST: f.
Dan Gelber, Mayor
gZ or+-el
Rafael72(
ranado, Ci Clerk
s 4INCORP ORATED.'
Underline denotes additions
Strikethrough denotes deletions �'�y•,26,
Double underline denotes additions after First Reading
denotes deletions after First Reading
(Sponsored by: Commissioner Mark Samuelian)
. OV_-,:t AS TO
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 12, 2020
10:15 a.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 IV, "USES IN PUBLIC RIGHTS-OF-WAY," BY
AMENDING DIVISION 5, "SIDEWALK CAFES," BY AMENDING
SUBDIVISION II, "PERMIT," BY AMENDING SECTION 82-385, ENTITLED
"MINIMUM STANDARDS, CRITERIA,AND CONDITIONS FOR OPERATION
OF SIDEWALK CAFÉS," ESTABLISHING THE REQUIREMENT THAT
SIDEWALK CAFE OPERATORS STACK AND SECURE SIDEWALK CAFE
FURNITURE AT THE CLOSE OF BUSINESS EACH DAY; AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends adopting the ordinance on second reading.
BACKGROUND/HISTORY
At present, the City Code limits the area in which sidewalk café furniture can be placed and
stored. The sidewalk café regulations explicitly prohibit the stacking or piling up of chairs in the
right-of-way, except for Lincoln Road under certain conditions.
The City continues to engage residents, businesses, and industry stakeholders to amend our
regulations and improve the sidewalk café experience for all. The Mayor and City Commission
have commissioned task forces and panels to recommend changes concerning the commercial
and entertainment districts that would elevate the experience for visitors and residents, improve
safety, and enhance the reputation of our commercial areas.
Recently, the Mayor's Ocean Drive Panel has provided valuable insight for implementing
reforms to the appearance and operation of sidewalk cafes, including playing a role in the
sidewalk café code of conduct and secret shopper program. On June 6, 2019, the Mayor's
Panel on Ocean Drive — Safety, Security and Infrastructure Subcommittee adopted a motion to
support the stacking and/or securing of sidewalk café furniture during non-operational hours.
At its September 25, 2019 meeting, the Neighborhoods and Community Affairs Committee
Page 518 of 1185
recommended by acclamation that the stacking and securing of sidewalk café furniture be
required. In order to do so, the Committee further recommend that an ordinance amending the
sidewalk café regulations be brought before the City Commission.
On January 15, 2020, the Mayor and City Commission approved the ordinance on first reading.
No changes have been proposed since first reading.
ANALYSIS
As noted at the September 25th NCAC meeting, City staff including Property Management and
the Police department have observed during the course of nighttime details that nightlife patrons
and vagrants have a propensity to loiter and trespass upon the exposed furniture. This behavior
creates a safety and liability hazard and adds additional remedial work for morning maintenance.
This unwelcomed interference is difficult to deter and incentivized when furniture is left
positioned in daytime operational layouts. Cafes are observing the City's regulations, therefore,
an amendment is necessary to modify the Code's requirements.
Staff believes that this proposed change in approach, as contained in the draft ordinance, will
improve public safety and the appearance thereof, appeal to residents, and contributes to the
vitality of businesses.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the ordinance on
second reading to amend the sidewalk café regulations and require the stacking of sidewalk
café furniture.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Economic Development
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
o Ordinance
Page 519 of 1185