Resolution 2023-32496:RESOLUTION NO.· 2023-32496
\ ____ -----� A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF.· ••THE CITY OF. MIAMf BEACH, FLORIDA; ESTABUSHING ANDAUTHORIZING A STREET PERFORMER'S PILOT PROGRAM • • AT SOUNDSCAPE PARK, LOCATED AT 400.· 17fH . ·STREET,FOR A PERIOD OF FOUR MONTH$, EVERY SUNDAY; FROM5Pn,ITO 8PM, TO THE EXTENT THAT THE C.ITY MANAGER, IN•HER SOLE DISCRETION, DEEMS PRUDENT AND ADVISA.BLETO c·oNTINUE.
WHEREAS, the City recognizes the constitutional rights of street performance artists;. and
Wl-tEREAS, ·in most of the City of Miami Beach, ·playing live music in public can·occur freely without a permit;· and • • •
. . . . . . -. . ' . . • . WHEREAS, to address public safety concerns from the · proliferation of performers. and•frequent complaints regarding gridlock on>sidewalks and other City right of ways in South Beach,•the City: established a Street Performer's Program in 2007 via Section 18 Article. XV of the. CityCode;and·
WHEREAS, the Street Performer's Program established 16 designated· street performer .•zones in the heart of.South Beach, on Lincoln Road, CollinsAvenue and Oceari Drive, where the•City experiences the largest footfall oflocal and tourist traffic; and • .
• •
• • • •
·WHEREAS, the Mayor and. City Commission referred to the Public Safety and
Neighborhoods QLJality .of Life .committee an item for the City Administration t.o explore options
. for the implementation of a: Street Performer's Pilot Program at Soundscape Park; and
. WHEREAS, the Public Safety and Neighborhoods· Quality of Life Committee instructed
·. the City Administration to bring back to the City Commission; recommendations for a ·four-month
:Pilot program for street performers at .801,mdscape Park with included the following parameters: · ..
. no solicitation, .no amplification, .and performances once a week on Sundays from 5pm to 8pm;
a� •
. . . . . . : WHEREAS·, the· Public Safety and Neighborhoods Quality of Life Committee instructed
.the .City Adniinistration to:work on· identifying feasible ·locations and .streamlining the permitting.process; and
. . . . ... . - .'
. . WHEREAS, the City Administration has worked together with street performer advocates
•and inteinal City departments on identifying feasible locations and strearnlinin·g the permitting
·process; and
. • WHEREAS, the proposed • four-month pilot program would add four: locations at
Soun·dscape Park to the current 1_6 Io·cations available for street performance in S9uth Beach, for
•a total of 20 .dedicated locations for street performance; arid
.1 .
WHEREAS, the proposed framework would permit any current participant in the City's
Street Performer Lottery Program to occupy one of four locations at Soundscape Park, on a first-
come and first-serve.basis, Sundays between the hours of 5pm to 8pm.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Administration to establish a Street Performer's Pilot Program
at Soundscape Park, located at 400 17th Street, for a period of four months, every Sunday, from
5pm to 8pm, to the extent that the City Manager, in her sole discretion, deems prudent and
advisable to continue. rrI-
PASSED AND ADOPTED this 94 day of Febrl4Ar,/ , 2023
ATTEST:
Dan Gelber, Mayor
FEB. 2 4 2023
Rafael E. Granado, City Clerk Pc1��•iFf
B'W
7
i WiCORP ORATEDo=(Sponsored by Commissioner Alex J. Fernandez) �
s,2 a
QCj :"26
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
2- 1s - 23
City Attorney ps Date
2
Resolutions -C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: February 22, 2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ESTABLISHING AND AUTHORIZING A
STREET PERFORMER'S PILOT PROGRAM AT SOUNDSCAPE PARK,
LOCATED AT 400 17TH STREET, FOR A PERIOD OF FOUR MONTHS,
EVERY SUNDAY, FROM 5PM TO 8PM, TO THE EXTENT THAT THE CITY
MANAGER, IN HER SOLE DISCRETION, DEEMS PRUDENT AND
ADVISABLE TO CONTINUE.
BACKGROUND/HISTORY
This item was referred to the Public Safety and Neighborhoods Quality of Life Committee
(PSNQLC) at the July 20, 2022 City Commission meeting and is sponsored by Commissioner
Alex Fernandez.
The item was heard at the PSNQLC on October 19, 2022 where the following direction was
given:
1. Come back to the full Commission and provide recommendations for a four-month pilot
program for street performers at Soundscape Park with the following parameters.
• No solicitationNo amplification;
• Once a week, on Sundays, from 5pm to 8PM; and
2. Tourism and Culture, Parks and Recreation, Finance and Code Compliance departments to
work on identifying feasible locations and streamlining the permitting process.
ANALYSIS
In most of the City of Miami Beach, playing live music in public can occur freely without a permit. To
address public safety concerns from the proliferation of performers and frequent complaints regarding
gridlock on sidewalks and other city right of ways in South Beach, the City established a Street
Performer's Program in 2007 via Section 18 Article XV of the City Code.
The Street Performer's Program established 16 designated street performer zones in the heart
of South Beach. These 16 locations are located on Lincoln Road, Collins Avenue and Ocean
Drive, where the City experiences the largest footfall of local and tourist traffic. The City
Page 307 of 1109
currently hosts four quarterly lotteries for street performers wishing to participate in the program
for the 16 locations.
Since the October 19, 2022 PSNQLC meeting, representatives from the Finance Department,
Tourism and Culture, Parks and Recreation, and Code Compliance have convened for four
team meetings, including a final meeting with musician and street performer advocate Michael
Cantalupo to: establish the proposed framework for the Pilot Program and to streamline the
permitting process.
Site visits, by staff, were conducted to the two and half acre Soundscape Park municipal park to
identify viable locations for performance. Input was obtained from New World Symphony, the
park's neighbor, to obtain black-out dates in which the park would be utilized by the symphony.
The proposed pilot program would add four locations at Soundscape Park (see attached map),
to the current 16 locations available for street performance in South Beach, for a total of 20
dedicated locations for street performance. The proposed framework would permit any current
participant in the City's Street Performer Lottery Program to occupy one of four locations at
Soundscape Park, on a first-come and first-serve basis, Sundays between the hours of 5pm to
8pm.
Performers would not be allowed to solicit the public or amplify their music. The program would
be streamlined with one application and annual street performer permit versus the current four
applications and four permits. Applications for participation will be available online or in person
at the Customer Service Center.
The proposed Pilot Program is summarized below:
Soundscape Park Street Performer's
Four-Month-Pilot Program:
Location: Soundscape Park, 400 17th Street
Duration: Four months
Dates: Sundays,from March 5th through July 2nd, 2023
Hours: 5pm to 8pm
Participation: Available to any registered street performer
participating in the City's Street Performer Program
Application: Online or in-person at the Customer Service Center
Restrictions: 1. No solicitation;
2. No amplification;
3. Subject to City's noise ordinance; and
4. Subject to black-out dates due to New World
Symphony programming (none identified at this
moment during the proposed four-month program.
SUPPORTING SURVEY DATA
The 2022 Community Survey results indicate that 86% of residents feel cultural activities (such
as art shows, film festivals, musicals, and live performances) contribute to the quality of life in
Miami Beach
Page 308 of 1109
FINANCIAL INFORMATION
N/A
CONCLUSION
The City recognizes the constitutional rights of street performance artists, and the proposed
resolution adds four locations, via a four-month pilot program, to the already permitted 16
locations in the regulated areas of South Beach. The Administration recommends approving
the four-month pilot program at Soundscape Park and revisiting the program at its July 2023
PSNQLC meeting.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Finance
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Street Performer's Proposed Locations- Soundscape Park
Page 309 of 1109
•
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