Ordinance 2021-4419 ORDINANCE NO. 2021-4419
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 VI, ENTITLED "NAMING OF
PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR
MEMORIALS," BY AMENDING SECTION 82-503 THEREOF,
ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND
RE-NAMING OF STREETS," BY AMENDING SUBSECTIONS
(C)(1)(A) AND (C)(2)(A) TO PROVIDE ADDITIONAL CRITERIA AND
PROCEDURES FOR THE CO-NAMING OF STREETS IN HONOR OF
DECEASED PERSONS WHO ARE KNOWN FOR THEIR ROLE AS A
GAY-RIGHTS PIONEER AND AS ONE OF THE FIRST OPENLY
LGBTQ PEOPLE EVER ELECTED TO PUBLIC OFFICE IN THE U.S.;
PROVIDING SUNSET PROVISIONS THEREFOR; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, under existing criteria in Section 82-503 of the City Code, City
streets may only be co-named of(1) Miami Beach police officers who died or were killed
in the line of duty; (2) a public facility located on the street to be co-named; (3) private
not-for-profit organizations with significant historic value to the city and associated with
structures which have a significant historical value or architectural significance to the
city; (4) geographic areas within the city; (5) a commercial establishment that has been
in business in the City of Miami Beach for 100 or more years and which is located on
the street to be co-named; or (6) deceased person who served as the spiritual leader of
a prominent religious institution in the City of Miami Beach for 35 or more years and
resided in the City of Miami Beach; and
WHEREAS, at the February 10, 2021 City Commission meeting, at the request
of Commissioner David Richardson, an agenda discussion item was referred to the
Neighborhood and Quality of Life Committee ("NQLC") for it to consider the co-naming
of 18th Street in Honor of late Harvey Milk, best known for his role as a gay-rights
pioneer and one of the first openly LGBTQ people ever elected to public office in the
U.S.; and
WHEREAS, at its March 22, 2021 meeting, the NQLC reviewed the proposal and
did not favorably recommend the amendment to Section 82-503 of the City Code; and
WHEREAS, notwithstanding the NQLC's unfavorable recommendation, the
sponsor desires for this proposal to be fully considered by the City Commission at first
reading; and
WHEREAS, while his life was tragically cut short, Milk's legacy has continued to
shine bright and leave a long-lasting impact on the development of gay rights in the
U.S.; and
WHEREAS, Harvey Milk's name and image can be found on stamps, streets and
schools, not only in the U.S. but cities across the world, including Paris, France; and
WHEREAS, in 2009, President Obama posthumously awarded Milk the
Presidential Medal of Freedom, the highest civilian honor a president can bestow; and
WHEREAS, in 2018, the San Francisco Board of Supervisors approved and
signed legislation renaming Terminal 1 at San Francisco International Airport after Milk,
making it the world's first airport terminal named after a leader of the LGBTQ
community; and
WHEREAS, co-naming 18t" Street, which is proximate to Pride Park and the City
Hall in honor of one of the first openly gay elected public officials who was tragically
murdered for being his authentic and unapologetic self would be particularly symbolic
and site-specific; and
WHEREAS, in order to co-name a City street in honor of best known for his role
as a gay-rights pioneer and one of the first openly LGBTQ people ever elected to public
office in the U.S., the adoption of the limited, additional co-naming criteria set forth
herein is required.
. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That section 82-503 of Article VI of Chapter 82 of the Code of the City of
Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
Article VI. Naming of Public Facilities and Establishment of
Monuments or Memorials
* * *
Sec. 82-503. Naming of public facilities; co-naming and renaming of streets.
* * *
(c) Co-naming/renaming of streets or portions thereof.
(1) a. Streets, or portions thereof, located in the city may be co-named in honor
of:
1. Miami Beach police officers who died or were killed in the line of duty;
2. A public facility located on the street to be co-named;
2
3. Private not-for-profit organizations with significant historic value to the
city and associated with structures which have a significant historical
value or architectural significance to the city and which are located on
the street, or portion thereof, to be co-named;
4. Geographic areas within the city;
5. A commercial establishment that has been in business in the City of
Miami Beach for 100 or more years and which is located on the street
to be co-named; or
6. Deceased person who served as the spiritual leader of a prominent
religious institution in the City of Miami Beach for 35 or more years and
resided in the City of Miami Beach.
7. deceased persons who are known for their role as a gay-rights pioneer
and as one of the first openly LGBTQ people ever elected to public
office in the U.S.
The provisions in this subsection 82-503(c)(1)a., shall not apply to streets
named or co-named prior to June 21, 2014. The provisions in subsection
82-503(c)(1)a.6. and (c)(2)a.7. shall automatically sunset on July 1, 2019.
The provisions in subsection82-503(c)(1)a.7. and (c)(2)a.8. shall
automatically sunset on May 1, 2022.
b. Notwithstanding the provisions in subsection 82-503(c)(1)a., the following
streets, or portions thereof, shall not be co-named or renamed: 5th Street,
41st Street, 71st Street, Collins Avenue, Washington Avenue, Alton Road,
and Ocean Drive. The provisions in this subsection 82-503(c)(1)b., shall not
apply to streets, or portions thereof, that are co-named or renamed prior to
December 27, 2014.
(2) Whenever a request is made to co-naming shall first be considered and
reviewed by the committee according to the following procedures:
a. Any person, organization, association, corporation or other entity, including
a member of the city, may propose that a street be co-named, by submitting
the request in writing to the committee. At a minimum, such request shall
include the following:
1. The street, or portion thereof, to be co-named; and
2. The proposed co-name of the street, or portion thereof; and
3. The reason for the request; and
4. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)a.1., a factual summary including the date and circumstances
under which the officer died or was killed in the line of duty; and
5. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)a.3., a factual summary confirming the significant historic
value of the private not-for-profit organization, and the associated
structure, to the city; and
3
6. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)a.5., a factual summary confirming the commercial
establishment's contribution to the city; and
7. If the proposed co-naming is requested pursuant to subsection 82-
• 503(c)(1)a.6., a factual summary confirming the status of the person as
• a spiritual leader of a prominent religious institution in the City of Miami
Beach for 35 or more years and that the person resided in the City of
•
Miami Beach.
8. If the proposed co-naminq is requested pursuant to subsection 82-
503(c)(1)a.7., a factual summary confirming the status of the person as
a gay-rights pioneer and one of the first openly LGBTQ people ever
elected to public office in the U.S.
b. Within a reasonable time after receipt of the request, the committee shall
meet to consider and review same. Notice of the meeting shall be given to
the person and/or organization that made the request.
c. After reviewing the request, the committee shall transmit its
recommendation to the city commission regarding the request. The
committee's recommendation requires a simple majority vote.
d. Within a reasonable time after receiving the recommendation from the
committee, the commission shall call a public hearing regarding the co-
' naming. Notice of the public hearing shall be published at least ten days
• prior to the hearing in a newspaper of general circulation in the city.
e. At the close of the public hearing, the city commission may approve the
request. Any request to co-name a street or portion thereof pursuant to this
subsection 82-503(c) must be approved by a 5/7ths vote of the city
commission.
f. Any person, not-for-profit organization, or commercial establishment to be
recognized by the co-naming of a street, or portion thereof, must be in good
standing in the community at the time of final approval of same by the city
commission and if, after the street is co-named, the person recognized, or
the principal(s) of the not-for-profit commercial establishment recognized
are subsequently convicted or adjudicated guilty of a felony, the co-name
shall be removed from the street sign. In addition, the city commission may
approve the removal of the co-name of a street at a public hearing if said
person, not-for-profit organization, or commercial establishment is no longer
in good standing in the community. In either case, neither the city, nor any
• of its officers, employees, contractors, or agents, shall have any liability to
the person, not-for-profit organization, or commercial establishment
recognized by the co-naming of the street or to the principal(s) of such not-
for-profit organization or commercial establishment (including, without
limitation, if such person or principal(s) are deceased, his/her heirs,
relatives, successors, or assigns), and/or any other party(ies) for any costs
or claims resulting from such removal (and including, without limitation,
•
4
•
reimbursement of any costs incurred for design, fabrication, installation,
and/or maintenance of the street sign, if applicable).
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 Miami Beach City Code. 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.
SECTION 5. EFFECTIVE DATE.
•
. This Ordinance shall take effect on the AP- day of mai' , 2021.
PASSED AND ADOPTED this f day of liar , 2021.
Dan Gelber, Mayor
ATTEST:
Ra ael E. Granado ity Clerk
aoRp DF,ATED))
Underline denotes additions ,„,p,,,2„.,--
Stfikethough denotes deletions
APPROVED AS TO
FORM & LANGUAGE
(Sponsored by Commissioner David Richardson) & FOR EXECUTION
CYD'
5 City Attorney1,, Date
Ordinances -R5 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,Acting City Attorney
DATE: May 12, 2021
2:15 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 VI, ENTITLED "NAMING OF PUBLIC FACILITIES
AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY
AMENDING SECTION 82-503 THEREOF, ENTITLED "NAMING OF PUBLIC
FACILITIES; CO-NAMING AND RE-NAMING OF STREETS," BY
AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) TO PROVIDE
ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF
STREETS IN HONOR OF DECEASED PERSONS WHO ARE KNOWN FOR
THEIR ROLE AS A GAY-RIGHTS PIONEER AND AS ONE OF THE FIRST
OPENLY LGBTQ PEOPLE EVER ELECTED TO PUBLIC OFFICE IN THE
U.S.; PROVIDING SUNSET PROVISIONS THEREFOR; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
The attached Ordinance was prepared at the request of Commissioner David Richardson, the
sponsor, is submitted for second reading at the May 12, 2021 City Commission meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Page 392 of 859
Commissioner David Richardson
ATTACHMENTS:
Description
Q Ordinance
Page 393 of 859