Ordinance 2023-4571 ORDINANCE NO.I 2023-4571
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 PERIODS WITHIN HIGH IMPACT ZONES," IN ORDER TO
MODIFY THE GEOGRAPHIC BOUNDARIES OF A HIGH IMPACT ZONE, AND
TO CLARIFY AND DELINEATE THE AUTHORITY OF THE CITY MANAGER
TO IMPOSE IMMEDIATE MEASURES IN RESPONSE TO HIGH IMPACT
PERIODS IN HIGH IMPACT ZONES; AND BY AMENDING APPENDIX "A" OF
THE CITY CODE, ENTITLED "FEE SCHEDULE," TO PROVIDE FOR HIGH
IMPACT PARKING AND TOWING RATES CONSISTENT WITH THE
AMENDMENTS IN SECTION 82-443; 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, arts 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 and activities, both authorized by City permits and otherwise, occur on
the beaches and on the City's property; and
WHEREAS, the City has seen an increasingly large number of visitors during these
large-scale events and activities, and the sizeable number of individuals attending these
events/activities has posed numerous challenges for the City; and
WHEREAS, authorized and unauthorized uses of the beaches and City property during
these events and activities have caused extensive damage, personal injury, property
degradation, and have dramatically affected the quality of life of the City's residents; and
WHEREAS, these supplemental measures will authorize the City Manager to implement
additional specific and immediate measures to protect the beaches and the City's property; and
WHEREAS, the Mayor and City Commission desire to adopt those additional measures,
set forth herein, to further protect the beaches, City property and to ensure the public health,
safety and welfare.
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:
(1)
line, wh+eh is thesubjen+ of the MaRagen;eRt AgFeemeRt fGF GeFtaiR'L-andsTNe. 75vv-
Trust Fund of the State of Clerodae andier
The area(s) of the city, which may include the public beach property, that the city
manager designates as sub*ect to a high impact period.
Ines+erl hefiA/een 72rd- and 76th Streets; andler
0
AyeRue and G911ORS GGUFt, from 5+h Street+e 1 Gt+h Q+ree+
High impact period means:
(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 of more than
10,000 people, as determined by the city manager, in his or her reasonable discretion;
or
(2) An event that is held pursuant to a city-issued special event permit, which is expected
to result in attendance by more than 25,000 people within a high impact zone, as
determined by the city manager, in his or her reasonable discretion.
Note(s)—The city manager's determination of a high impact period should be limited to a finite
period ("72 96 hours"), unless otherwise extended by the mayor and city commission.
(b) City manager's authority to impose immediate measure(s) during high impact periods.
Whenever the city manager determines that a high impact period in a high impact zone will
occur, or is in progress, one or more of the following immediate measures may be imposed
to protect the public health, safety and welfare including, without limitation, the protection of
public and private property from damage, degradation, and/or unauthorized uses:
(1)
The implementation of a high impact parking rate equal to double the event flat rate
otherwise in effect.
(2) The limitation ef love eF amplified R`1618iG, these exemptiGRG set feFth iR seGtiGI4
46 157 of this redo
2
The implementation of a high impact non-resident towing rate equal to double the
non-resident towing rate otherwise in effect.
(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.
(4) The establishment of occupancy limits for different segments of public beach property
and prohibiting access to those areas that have reached such occupancy limits.
(5) The prohibition of coolers and inflatable devices on public beach property.
(6) The prohibition of tents, tables, and similar structures.
(7)
eastbeLllRd tFaffio IaRes of the Arth„r Causeway,y d„I' Tuttle /� „ iay and r�
crrccnv� vane �c�6rcrrrrar-.a a� a F�rEl�tre $ , R
aRy other aGGess ooiRtG into the pity.
The closure of any segment(s) of the public beach property at 6:00 p.m., unless any
such area is utilized for a ticketed special event.
(8) The suspension, or the issuance, of a business tax receipt to promoters pursuant to
section 102-360 of this Code.
(9) The suspension and-slesere—e#all or pa# of sidewalk Gaf6 eperat;ens (iRGIUdiRg,
w0thG lornotafieR, -the—Femoval of all or aRy sidewalk Gaf6 f ,r tuF�s aRt W
Gubseotioo S `Y�_ 81(e)(0) of the Cede "� h""�""
The requirement that all sound amplification devices, other than cellular telephones,
smart watches and those devices contained within a motor vehicle, must obtain a
permit from the city prior to the use of any such sound amplification device on public
Property.
(c) Notification of high impact period 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 or she
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 7-2 96 hours
without calling an emergency meeting of the city commission and getting the city
commission's approval to extend. Notice shall also be 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 section 1-14 of this Code.
SECTION 2. Appendix A, entitled "Fee Schedule," is hereby amended as provided in "Exhibit A"
to this Ordinance.
3 '
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. .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.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 0?3 day of -�� '�6$'� , 2023.
PASSED AND ADOPTED this 13 day of .5 e Pmher , 2023.
ATTEST:
A
SEP 2 0 2023 Dan Gelber, Mayor
Rafael E. Granado, City Clerk ..„'gam
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Underline denotes additions ✓ra:, tiz
StFikethFeuo denotes deletions IWCORP OWN.
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(Sponsored by Mayor Dan Gelber) .`W ':D....`�=
APPROVED AS TO
FORM.&LANGUAGE:
& FOR EXECUTION
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City AttorneyA.� Dote
A A
4
EXHIBIT «A»
APPENDIX A- FEE SCHEDULE
FEE SCHEDULE
Pursuant to section 1-15,of this Code, this appendix includes all fees and charges established
by the city commission that are referred to in the indicated sections of the Code of Ordinances.
Certain specified fees and charges, as identified herein, shall be subject to:annual adjustment
by the city manager, pursuant .to the provisions of section 1-15 and this Appendix "A". A
schedule of all. current city fees and charges as set forth in,Appendix "A" shall.be maintained.on
the city's website.
Section of-this -Description Amount: Annual
:Code (Sales tax Adjustment
or other (Reference
taxes may s shown
apply) are defined
at the end
of this
Appendix
A)
Chapter 82. Traffic and Vehicles
Article V. Beaches
DIVISION 1. GENERALLY
82-443(b)(1) High impact parkins rate Double the
event flat
rate
otherwise
in effect
82-443(b)(2) High impact, non-resident towing rate Double the
event flat
-rate
otherwise
in effect
5
Ordinances-R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 13, 2023
10:45 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 V, ENTITLED "BEACHES," BYAMENDING DIVISION
1, ENTITLED "GENERALLY" BY AMENDING SECTION 82-443 THEREOF,
ENTITLED "HIGH IMPACT PERIODS WITHIN HIGH IMPACT ZONES," IN
ORDER TO MODIFY THE GEOGRAPHIC BOUNDARIES OF A HIGH
IMPACT ZONE, AND TO CLARIFY AND DELINEATE THE AUTHORITY OF
THE CITY MANAGER TO IMPOSE IMMEDIATE MEASURES IN
RESPONSE TO HIGH IMPACT PERIODS IN HIGH IMPACT ZONES; AND
BY AMENDING APPENDIX "A" OF THE CITY CODE, ENTITLED "FEE
SCHEDULE," TO PROVIDE FOR HIGH IMPACT PARKING AND TOWING
RATES CONSISTENT WITH THE AMENDMENTS IN SECTION 82-443;AND
PROVIDING FOR REPEALER, SEVERABILITY CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission approve the subject ordinance.
BACKGROUND/HISTORY
The High Impact Ordinance was initially introduced in 2016 as a measure to grant the City
Manager with exclusive authority to safeguard the City during periods of significant visitor influx,
known as high impact periods.A high impact period is defined as either an unpermitted event,
activity, or period of time within a zone with expected attendance to exceed 10,000 people or
permitted special event which is expected to result in attendance by more than 25,000 people
within a zone. Since its implementation, the ordinance has played a vital role in preserving the
well-being and safety of our residents, businesses, and visitors.
High Impact periods have historically consisted of periods of time such as Memorial Day
weekend, Superbowl, and Spring Break. Over the last eight years,the challenges we encounter
during high impact periods have continued to escalate demanding a comprehensive evolving
approach to maintain the balance between tourism and the well-being of our local community.
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The increasing attendance and influx of visitors both from out-of-state and local jurisdictions
during these time periods have presented numerous issues that affect our residents' quality of
life and have caused considerable impact to city resources. Typically, during high impact
periods our public safety staffing levels are significantly enhanced. However, the most recent
events in March 2023 have highlighted the need for further action.
Immediately following these events, I convened a mufti-departmental working group to identify
any additional tools that could be incorporated into the existing high impact ordinance that would
delegate, for a defined period of time, additional authority to enforce heightened measures,
impose extra fines,and implement early closures of specific beach areas.
The proposed ordinance was discussed at the July 6, 2023, Special Meeting of the City
Commission. Through this revision we eliminated redundant language already covered by the
law and established a flexible framework, allowing the City Manager to select the most suitable
measures for each high impact event. The City Commission approved the subject ordinance at
First Reading on July 26, 2023.
ANALYSIS
The ordinance seeks to modify the geographic boundaries of a high impact zone and clarify the
immediate measures the City Manager can impose in response to high impact periods in the
City. The measures and modifications include:
• Removing the current high impact zone boundary and allowing the designation of a high
impact zone in areas citywide. The current zone is only specific to the Mixed-Use
Entertainment (MXE) District, excluding the portion located between 734 and 75 Streets
and the portion of the CD-2 commercial, medium intensity district between Pennsylvania
Avenue and Collins Court,from 5h Street to 16 Street.
• The implementation of a high impact parking rate equal to double the event flat rate. The
current event flat rate is $15,the proposed ordinance would double it during a high impact
period to be$30.
• The implementation of a high impact, non-resident towing rate equal to double the non-
resident towing rate. The current non-resident towing rate is a total of$250 the proposed
ordinance would double it during a high impact period to be a total of$500.
• The closure of any segments of the public beach at 6:.00 p.m., unless any area is utilized
for a ticketed special event.The current closing time of the public beach is 10:00 p.m.
• The requirement that all sound amplification devices, other than telephones, smart
watches, and those devices contained within a motor vehicle, must obtain a permit from
the City prior to use of any sound amplification device on public property.
• Allowing high impact measures to be in place for up to 96 consecutive hours, without
calling an emergency meeting of the city commission and getting the city commission's
approval to extend.
Currently, high impact measures are allowed to be implemented for up to 72 consecutive hours.
Currently, the Citys high impact ordinance only applies to specified geographic areas, namely
the beaches, the MXE District and areas in the immediate vicinity thereof, Instead of limiting the
City Manager's imposition of measures to these areas, the proposed ordinance provides the
administration with the flexibility to determine the specific boundaries of a high impact zone,
depending on where a specific high impact event or activity will be occurring, and would thereby
allow the City Manager to impose high impact measures in such areas, as may be necessary to
protect the public.
Page 1344 of 2938
The proposed Ordinance expands the timeframe for high impact periods from a maximum of 72
hours to a maximum of 96 hours, to account for high impact events that take place over long
weekends and allow for high impact measures to remain in place for up to 96 hours prior to
seeking City Commission approval for any extension of the high impact period.
Additionally, the proposed high impact ordinance will preserve the City Manager's existing
powers during a high impact period, providing the administration with the authority to:
• Establish occupancy limits for different segments of the public beach property and
prohibiting access to those areas once occupancy limits have been reached.
• Prohibit the presence of coolers and inflatable devices of public beach property.
• Prohibit the use of tents, tables, and similar structures.
• Limit traffic routes to restrict vehicular access to non-residents, allowing access only for
residents and patrons and employees of businesses within the designated area where
traffic routes have been limited.
• Suspend or issue business tax receipts to promoters, as necessary.
The foregoing measures are separate and distinct from the City Manager's authority to declare a
state of emergency pursuant to Florida law and the City Code, in the event conditions require
the City Manager to take further measures to protect the public health, safety and welfare of the
City and its residents and visitors.
SUPPORTING SURVEY DATA
rda
FINANCIAL INFORMATION
nla
CONCLUSION
The administration recommends approval of the ordinance aimed to amend Chapter 82-443
and Appendix A of the City Code to establish additional measures to ensure the safety and
welfare of our residents, businesses,and visitors during high impact periods.
Applicable Area
Citywide
Is this a"Residents RWDoes this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-142
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Office of the City Manager
Sponsor
Mayor Dan Gelber
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ATTACHMENTS:
Description
a Ordinance
Page 1346 of 2938