Resolution 2020-31191R ES O L U T IO N N O . 2 0 2 0 -3 1 1 9 1
A R E S O L U T IO N O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F T H E
C IT Y O F M IA M I B E A C H , F L O R ID A , A U T H O R IZ IN G T H E C IT Y
M A N A G E R T O E X P A N D TH E D U R A T IO N O F T H O S E HIG H IM P A C T
M E A S U R E S , A S S U C H M E A SU R E S A R E S E T FO R T H IN T H IS
R E SO L U T IO N , W H IC H M A Y BE IM P L EM E N T E D D U R IN G S P R IN G
B R E A K , B E Y O N D TH E 72-H O U R TI M E P E R IO D SE T FO R T H IN
S E C TI O N 82-443 OF T H E C IT Y C O D E, TO IN C L U D E A N Y O R A L L O F
T H A T PER IO D O F TIM E FR O M M A R C H 1, 2020 TH R O U G H M A R C H
31, 2020, T H A T T H E C IT Y M A N A G E R D E EM S NE C E S SA R Y TO
PR O T E C T T H E P U B LI C HEA L TH , SA F E T Y A N D W E L FA R E , A N D TO
P R O T E C T P U B LI C A N D PR IV A T E PR O P ER T Y FR O M D A M A G E ,
D E G RA D A T IO N A N D /O R UN A U T H O R IZ ED US ES .
W H E R EA S , the City of Miami Beach is an internationally renowned tourist destination
that is famous for its beaches, shopping, entertainment and nightlife, 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 high impact periods of time specifically including, but not limited to, Spring Break,
and the sizeable number of individuals partaking in various Spring Break festivities has posed
numerous challenges for the City; and
WHEREAS, authorized and unauthorized uses of the beaches and City property during
Spring Break has, from time to time, caused extensive damage, personal injury, property
degradation and 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
property located in the MXE mixed use entertainment district ( excluding that portion of the MXE
located between 73"° and 75 Streets), and in that portion of the CD-2 commercial, medium
intensity district between Pennsylvania Avenue and Collins Court, from 5" Street to 16" Street;
and
WHEREAS, the Spring Break period can 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, the Spring Break period can also create excessive noise, and disturb the
surrounding neighborhoods and negatively affect nearby businesses and residents; and
WHEREAS, in order to mitigate such effects, Section 82-443 of the City Code provides
the City Manager independent authority, upon the City Manager's determination that a high
impact period in a high impact zone will occur (or is in progress), to impose certain immediate
measures to protect the public health, safety and welfare, and to protect public and private
property from damage, property degradation and/or unauthorized uses; and
WHEREAS, the City Manager has determined that, pursuant to Section 82-443, such
high impact period in a high impact zone will occur from March 1, 2020 - March 31, 2020; and
WHEREAS, at the January 15, 2020 City Commission meeting, the City Manager
informed the Mayor and City Commission of certain high impact period measures, pursuant to
Section 82-443, which he intended to implement during the Spring Break period (from March 1,
2020 - March 31, 2020), including:
• the prohibition of coolers and any inflatable devices on public beach property;
• the prohibition of tents, tables, and similar structures;
• the limitation of live or amplified music, which shall include the suspension of the
noise exemption set forth in Section 46-157 of the City Code for those properties
located from 9" Street to 11" Street on the west side of Ocean Drive, unless
authorized by Special Event permit;
• any live or amplified music shall be limited to ambient level on Ocean Drive
between the hours of 11 p.m. and 7 a.m.;
• the prohibition of any direct or indirect consumption of alcohol on public beach
property;
• the implementation of a license plate reader police detail, which may be utilized
on eastbound traffic lanes of the MacArthur Causeway and on any other access
points into the City;
• if necessary, the establishment of occupancy limits for different segments of
public beach property, and prohibiting access to those areas that have reached
those occupancy limits;
• the suspension of all sidewalk café operations located in the MXE mixed use
entertainment district (excluding that portion of the MXE located between 73"°
and 75" Streets), and in that portion of the CD-2 commercial, medium intensity
district between Pennsylvania Avenue and Collins Court, from 5" Street to 16
Street, at 12:00 a.m. daily;
• the suspension of all business tax receipt(s) issued to promoters for any dance or
entertainment event(s) to be held at an alcoholic beverage establishment located
in the MXE mixed use entertainment district (excluding that portion of the MXE
located between 73" and 75 Streets), and in that portion of the CD-2 commercial,
medium intensity district between Pennsylvania Avenue and Collins Court, from
5 Street to 16 Street; and
W H E R E A S , pursuant to those inherent police powers vested in the City, the City
Manager also reserved the right to impose the following additional measures throughout the
month of March, to reduce the overcrowding and congestion upon the City's streets:
• Ocean Drive to be closed to vehicular traffic from Thursday morning - Sunday
morning each week, and French barricades to be utilized to create buffer areas
between the businesses and the pedestrian areas;
• Española Way, from Collins Avenue to Washington Avenue, to be closed to
vehicular traffic from Thursday morning - Monday morning each week;
• Ninth (9") Avenue, from Ocean Drive to Collins Avenue, to be closed to vehicular
traffic from Thursday morning - Monday morning each week;
• Street parking prohibited on Collins Avenue from Thursday morning - Sunday
morning each week; and
2
W H E R EA S , the City Manager hereby requests that the City Commission grant him the
discretion and authority to implement the high impact period measures set forth herein beyond
the consecutive 72-hour period in Section 82-443(c), and enable him to enact such measures,
which are set forth in this Resolution, for the entire month of March; and
WHEREAS, at the February 26, 2020 meeting of the City Commission, this Resolution
was presented and the City Commission was in agreement with the City Manager's proposed
high impact period measures (as set forth in this Resolution), except that the City Commission
expressly removed (and did not approve) the proposed measure (presented in January)
pertaining to "any live or amplified music shall be limited to ambient level on Ocean Drive
between the hours of 11 p.m. and 7 a.m.;" this measure was removed and shall be not be
implemented.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is hereby
authorized to expand the duration of those high impact measures, as such measures are set
forth in this Resolution, which may be implemented during Spring Break, beyond the 72-hour
time period set forth in section 82-443 of the City Code, to include any or all of that period of
time from March 1, 2020 through March 31, 2020, that the City Manager deems necessary to
protect the public health, safety and welfare, and to protect public and private property from
damage, degradation and/or unauthorized uses.
PASSED and ADOPTED this G day or February
' e
, 2020.
ATTEST:
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
8 FOR EXECUTION á.4&il 2-2+-zz·
cuA""ju Date
3
R e s o lutio ns - R 7 B
MIAMI BEACH
COMMISSION MEMORANDUM
T O :
FR O M :
D AT E :
H o n o ra b le Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
February 26, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXPAND THE DURATION OF THOSE HIGH IMPACT MEASURES WHICH
MAY BE IMPLEMENTED DURING SPRING BREAK, BEYOND THE 72-
HOUR TIME PERIOD SET FORTH IN SECTION 82-443 OF THE CITY
CODE, TO INCLUDE ANY OR ALL OF THAT PERIOD OF TIME FROM
MARCH 1, 2020 THROUGH MARCH 31, 2020, THAT THE CITY MANAGER
DEEMS NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND
W ELFARE, AND TO PROTECT PUBLIC AND PRIVATE PROPERTY FROM
DAMAGE, DEGRADATION AND/OR UNAUTHORIZED USES.
REC OMM EN DAT ION
The administration recommends approval of the high impact measures for the upcoming Spring
Break 2020 period.
ANALYSIS
The City of Miami Beach has seen an increasingly large number of visitors during the month of
March for Spring Break. In the past years, these dates have posed a number of challenges to
the City including but not limited to traffic impacts, sanitation and police services. In addition to
the impacts to city services, Spring Break negatively affected our neighborhoods and
businesses.
In 2016 the City Commission approved an Ordinance 2016-4019 wh ich established guidelines
to determ ine wh en a High Impact Event would be considered and measures wh ich would be
implemented. In 2019 the City Commission approved Ordinance 2019-4266 wh ich amended
the 2016 ordinance to limit the application area to the City's public beaches and the
Entertainment District, to change the term High Impact Event to High Impact Period, to provide
wr itten notice to the Mayor and Commission and limiting the duration of the High Impact Period
measures to 72 hours and to extend would require City Commission approval.
This year again, the City is expecting a large number of visitors between March 1, 2020 - March
31, 2020. In order to maintain the quality of life for our residents, as well as protecting our
visitors during this time, the Administration is requesting the extension.
Page 63 of 75
The attached resolution sets forth an expanded High Impact Period to implement measures
beyond the 72-hour set forth in section 82-442 of the City Code.
FINANCIAL INFORMATION
These measures will have no additional fiscal impact.
CONCLUSION
The Administration recommends approval of the high impact measures for the upcoming Spring
Break 2020 period.
Applicable Area
South Beach
Is this a "Residents Right
to Knoywy" item, pursuant to
City Code Section 2-14?
Yes
Does this item utilize G.O.
Bond Funds?
No
Strategic Connection
Prosperity - Balance residents' quality of life with tourism and special events.
Legislative Tracking
Office of City Manager
ATTACHMENTS:
Description
Resolution
Page 64 of 75