R5A-Amend Several Code Chapters Provide Civil Penalty ProvisionsCOMMISSION ITEM SUMMARY
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
FOLLOWING CHAPTERS IN THE CODE OF THE CITY OF MIAMI BEACH TO PROVIDE CIVIL ENFORCEMENT AND PENALTY
PROVISIONS TO REPLACE CRIMINAL MISDEMEANOR ENFORCEMENT AND PENALTY PROVISIONS AS FOLLOWS: AMENDING
CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING
SECTION 70-6, ENTITLED "PENAL TIES," TO PROVIDE CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS
RELATIVE TO THE PROHIBITIONS IN CHAPTER 70, EXCEPT FOR VIOLATIONS OF SECTION 70-3 ENTITLED "VIBRATION"; BY
AMENDING CHAPTER 74 OF THE MIAMI BEACH CITY CODE ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 74-1 ENTITLED "SOLICITING BUSINESS IN PUBLIC FROM PEDESTRIANS,"
BY PROVIDING THAT THE SOLICITATION OF ANY FOOD, BEVERAGE OR SERVICE IS ALSO A PROHIBITED ACTIVITY AND
PROVIDING CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS; BY AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 82-1, ENTITLED "CONDUCTING BUSINESS ON STREETS, PARKS OR OTHER PUBLIC PROPERTY," BY
PROVIDING CIVIL PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
Key Intended Outcome Supported:
Ensure compliance with code within reasonable time frame; Improve Cleanliness of Miami Beach rights of way especially in business areas
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction Survey, 73% of residents and 66%
of businesses rated cleanliness of streets in business/commercial areas as excellent or good. Additionally, 83% of the City's residents and
85% of the Citv's businesses rated the overall appearance of beaches as excellent or_good.
Issue: I Should the City Commission adopt the proposed ordinance?
Item Summa /Recommendation:
SECOND READING I PUBLIC HEARING
Currently, Section 70-4 of the City Code of Ordinances prohibits peddling within the City, and Section 70-5 prohibits selling food from open-
air stands. Oftentimes, this is seen in the form of people selling water from coolers, CDs or T-shirts on the street during high impact periods.
Violations include a fine not to exceed $500.00, imprisonment in the county jail for not more than 30 days, or both for first-time convictions.
Second-time convictions include a fine not to exceed $1 ,000.00, imprisonment in the county jail for not more than 12 months, or both. The
Police Department is currently responsible for enforcement of this section of the Code. Section 74-1 of the City Code of Ordinances
prohibits anyone from soliciting pedestrians to purchase goods while on any public street or sidewalk, or while in any building, doorway,
stairway, window or other opening abutting or adjacent to a street or sidewalk. Section 82-1 prohibits selling or offering for sale any goods
or services, other than newspapers of general circulation. The Code Compliance division is responsible for enforcing this provision, and
fines are established by the Special Master. By decriminalizing the violations of Sections 70-4, 70-5 and 74-1, and assigning enforcement
responsibility to the Code Compliance division, enforcement can be more effective, as Code Compliance Officers are more readily available
to address these types of violations, particularly during Major Event Periods where Police Officers may be involved in other life-safety
issues and/or addressing more serious criminal activities. The Administration is also proposing to establish a set fine schedule for the
violation of all four (4) of the above-outlined provisions. The proposed fine schedule is as follows: $50 for the 1st Offense; $100 for the 2nd
Offense; and $250 for the 3rd and subsequent violations. The establishment of a set fine schedule will also reduce the number of cases that
appear before the Special Master, reducing their already overwhelming caseload. Violators will still have the right to appeal their case
before the Special Master, subject to the provisions already in the City Code. The Ordinance was approved on first reading at the March 21,
2012 Commission meeting. Commissioner Llbbin requested that the ordinance be amended to reflect that the Special Master not have the
ability to reduce fines of violations issued by Code Compliance staff. This provision has been incorporated into the proposed ordinance.
The Administration recommends that the Ci Commission ado t the ro osed Ordinance on second read in .
Advisory Board Recommendation:
At a joint meeting of the Neighborhood/Community Affairs and Finance and Citywide Projects Committees on January 19, 2012, the
Committees directed the Administration to move forward with amendments to the City Code regarding any enforcement limitations currently
in place regarding solicitation and illegal vending.
Financial Information·
Source of Funds: Amount
I I 1
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs·
Department Director Assistant City Manager
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MIAMI BEACH 215
Account
City Manager
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AGENDAITEM R5A
DATE 4-lf-1'2..-
~ MIAMIBE CH
OFFICE OF THE CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager~~
April 11, 2012 U SECOND READING I PUBLIC HEARING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE FOLLOWING CHAPTERS IN THE
CODE OF THE CITY OF MIAMI BEACH TO PROVIDE CIVIL ENFORCEMENT
AND PENALTY PROVISIONS TO REPLACE CRIMINAL MISDEMEANOR
ENFORCEMENT AND PENALTY PROVISIONS AS FOLLOWS: AMENDING
CHAPTER 70 ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-6,
ENTITLED "PENALTIES," TO PROVIDE CIVIL PENAL TIES AND SPECIAL
MASTER ENFORCEMENT PROVISIONS RELATIVE TO THE PROHIBITIONS
IN CHAPTER 70, EXCEPT FOR VIOLATIONS OF SECTION 70-3 ENTITLED
"VIBRATION"; BY AMENDING CHAPTER 74 OF THE MIAMI BEACH CITY
CODE ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE
I, ENTITLED "IN GENERAL," BY AMENDING SECTION 74-1 ENTITLED
"SOLICITING BUSINESS IN PUBLIC FROM PEDESTRIANS," BY PROVIDING
THAT THE SOLICITATION OF ANY FOOD, BEVERAGE OR SERVICE IS
ALSO A PROHIBITED ACTIVITY AND PROVIDING CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS; BY AMENDING
CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY
AMENDING SECTION 82-1, ENTITLED "CONDUCTING BUSINESS ON
STREETS, PARKS OR OTHER PUBLIC PROPERTY," BY PROVIDING CIVIL
PENAL TIES AND SPECIAL MASTER ENFORCEMENT PROVISIONS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends the City Commission adopt the proposed Ordinance.
ANALYSIS
Following the 2011 Memorial Day Weekend (MDW) holiday weekend, there were several
meetings in the community regarding the events of the weekend, and concerns with issues
relating to traffic, public safety, litter, etc. Many recommendations were made. The "debrief' of
the MDW Major Events Plan (MEP) by staff also resulted in the compiling of issues observed,
and potential actions to address them in the future. On September 1, 2011, a joint meeting of
the Neighborhood/Community Affairs Committee and the Finance and Citywide Projects
We are committed to providing excellent public service and safety fa all who live, work, and play in our vibrant, tropical, historic community.
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City Commission Memorandum
Apri/11, 2012
Peddling, Solicitation and Conducting Business on City Property
Page2of3
Committee was held to discuss planning approaches to address concerns experienced during
MOW in 2011. A matrix that provided a summary of the nature of the issues and potential
solutions that had been identified by the community and staff was distributed at that meeting.
Also in the Fall of 2011, staff began preparing and planning for MOW in 2012. As part of that
preparation, staff identified other actions, not included in previous discussions or the September
2011 matrix, which may address issues and concerns that had been raised. One of those
actions was to amend the current ordinances regarding solicitation and illegal vending to
address any enforcement limitations.
At a joint meeting of the Neighborhood/Community Affairs and Finance and Citywide Projects
Committees held on January 19, 2012, the Administration presented the idea of amending the
solicitation and illegal vending ordinances. Direction was provided by the Committees for the
Administration to move forward with amendments to the City Code regarding any enforcement
limitations currently in place regarding solicitation and illegal vending.
Current Code Provisions
Currently, section 70-4 of the City Code of Ordinances prohibits peddling within the City.
Additionally, section 70-5 prohibits the sale of food from open-air stands. Oftentimes, this is
seen in the form of people selling water from coolers, COs or T-shirts on the street during high
impact periods. Violations currently include a fine not to exceed $500.00, imprisonment in the
county jail for not more than 30 days, or both for first-time convictions. Second-time convictions
include a fine not to exceed $1,000.00, imprisonment in the county jail for not more than 12
months, or both. The Police Department is currently responsible for enforcement of this section
of the Code.
Section 74-1 of the City Code of Ordinances prohibits anyone from soliciting pedestrians to
purchase goods while on any public street or sidewalk, or while in any building, doorway,
stairway, window or other opening abutting or adjacent to a street or sidewalk. Violations
currently include a fine not to exceed $500.00, imprisonment for not more than 60 days, or both.
The Police Department is currently responsible for enforcement of this section of the Code.
Lastly, section 82-1 prohibits selling or offering for sale any goods or services, other than
newspapers of general circulation. The Code Compliance division is responsible for enforcing
this provision, and fines are established by the Special Master.
Proposed Revisions
The Administration believes that by decriminalizing the violations of Sections 70-4, 70-5 and 7 4-
1, and assigning enforcement responsibility to the Code Compliance division, enforcement can
be more effective, as Code Compliance Officers are more readily available to address these
types of violations, particularly during major event periods where Police Officers may be
involved in other life-safety issues and/or addressing more serious criminal activities.
The Administration is also proposing to establish a set fine schedule for the violation of all four
(4) of the above-outlined provisions (sections 70-4, 70-5, 74-1 and 82-1). Since the violation
has already occurred at the time of issuing a Notice of Violation (NOV), and often compliance is
not achieved, these kinds of violations would be more appropriately addressed through a set
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City Commission Memorandum
Apri/11, 2012
Peddling, Solicitation and Conducting Business on City Properly
Page 3of3
fine schedule as opposed to the subjectivity of the Special Master process.
The proposed fine schedule for violations of all four (4) sections is as follows:
• $50 for the 1st Offense;
• $100 for the 2nd Offense; and
• $250 for the 3rd and subsequent violations.
A violator can elect to pay the fine as outlined in the above schedule, or request an
administrative hearing before the Special Master to appeal the decision of the Code Compliance
Officer which resulted in the violation being issued. This will ensure that the violator is still
afforded due process.
In addition to establishing consistent fines for violations, a set fine schedule will also reduce the
number of cases that appear before the Special Master, reducing their already overwhelming
caseload. By eliminating a number of cases, it will also expedite the scheduling and holding of
hearings for persons receiving notices of violation for other City Code sections, thereby reducing
the turnaround time from violation to adjudication, and ultimately compliance.
The Ordinance was approved on first reading at the March 21, 2012. At that time,
Commissioner Llbbin requested that the ordinance be amended to reflect that the Special
Master not have the ability to reduce fines of violations issued by Code Compliance staff. As a
result, the ordinance has been amended for second reading to reflect that mitigation provisions
in Section 30-76(b) of the Code shall not apply to any fines related to violations issued under
these revised Code sections. In other words, the Special Master may decide, based on the
merits of the case, to either uphold or dismiss the case, but cannot mitigate the fines.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance as
amended on second reading.
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ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FOLLOWING
CHAPTERS IN THE CODE OF THE CITY OF MIAMI BEACH TO
PROVIDE CIVIL ENFORCEMENT AND PENALTY PROVISIONS TO
REPLACE CRIMINAL MISDEMEANOR ENFORCEMENT AND
PENALTY PROVISIONS AS FOLLOWS: AMENDING CHAPTER 70
ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING
ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING SECTION 70-6,
ENTITLED "PENAL TIES," TO PROVIDE CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS RELATIVE TO THE
PROHIBITIONS IN CHAPTER 70, EXCEPT FOR VIOLATIONS OF
SECTION 70-3 ENTITLED "VIBRATION"; BY AMENDING CHAPTER
74 OF THE MIAMI BEACH CITY CODE ENTITLED "PEDDLERS AND
SOLICITORS," BY AMENDING ARTICLE I, ENTITLED "IN GENERAL,"
BY AMENDING SECTION 74-1 ENTITLED "SOLICITING BUSINESS IN
PUBLIC FROM PEDESTRIANS," BY PROVIDING THAT THE
SOLICITATION OF ANY FOOD, BEVERAGE OR SERVICE IS ALSO A
PROHIBITED ACTIVITY AND PROVIDING CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS; BY AMENDING
CHAPTER 82 OF THE MIAMI BEACH CITY CODE ENTITLED
"PUBLIC PROPERTY," BY AMENDING ARTICLE I, ENTITLED "IN
GENERAL," BY AMENDING SECTION 82-1, ENTITLED
"CONDUCTING BUSINESS ON STREETS, PARKS OR OTHER
PUBLIC PROPERTY," BY PROVIDING CIVIL PENAL TIES AND
SPECIAL MASTER ENFORCEMENT PROVISIONS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, currently, the provisions in Chapters 70, 74, and 82 of the Code of the City
of Miami Beach concerning peddling, soliciting, and conducting unauthorized businesses on
public property are misdemeanor offenses enforced by the City's police department; and
WHEREAS, it is deemed in the best interest of the City that the aforementioned offenses
be decriminalized and enforced by the City's Code Compliance Division and pursuant to the
City's Special Master procedures.
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 70-4 of Article I of Chapter 70, entitled "Miscellaneous Offenses," of the Miami
Beach City Code is hereby amended as set forth below.
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CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE I. In General
* * *
Sec. 70 -4. Peddling prohibited.
It shall be unlawful for any person to engage in the business of peddling within the city
except in those areas designated and approved by the city manager. The term "peddling" or
"peddler" shall be defined as any person, whether a resident of the city or not, traveling by foot,
wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to
house, or from street to street, carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, gardentruck, farm products or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers, or who, without
traveling from place to place, shall sell or offer the same for sale from a wagon, automotive
vehicle, railroad car, or other vehicle or conveyance, and one who solicits orders and as a
separate transaction makes deliveries to purchasers as a part of a scheme or design to evade
the provisions of this section. The word "peddler" shall include the words "hawker" and
"huckster."
Sec. 70-5. Selling food from open-air stands prohibited.
The sale, keeping storage or the offering for sale of any food from open-air stands in the
city is prohibited. Such sale, keeping, storage, or the offering for sale of any food from open-air
stands in the city shall be made only within the confines of an enclosed building except in those
areas as designated and approved by the city manager.
Sec. 70-6. Enforcement; pPenaltyies; appeals; unpaid fines to constitute liens.
(a) Unless otherwise provided herein, every person convicted of a violation of this chapter
shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail for
not more than 30 days, or by both such fine and imprisonment; for a second conviction
of a violation of this chapter such person shall be punished by a fine not to exceed
$1 ,000.00 or imprisonment in the county jail not more than 12 months, or by both such
fine and imprisonment.
{§).(~ The provisions of section 70-3 shall be enforced by enforcement procedures before a
special master, appointed as set forth in chapter 30 of this Code, and penalties for violations of
those sections shall be as set forth therein.
(b){c) Except as provided in subsection (b) of this section, eEnforcement of sections. 70 -4,
and 70 - 5 of this chapter providing for civil penalties shall be in accordance with the
following procedures:
(1) If a code compliance officer finds a violation of this chapter, the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
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The notice shall inform the violator of the nature of the violation, amount of fine
for which the violator may be liable, instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
(2) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine in the manner indicated on the notice as follows:
(i) First offense .... $ 50.00;
(ii) Second offense ... $100.00;
(iii) Third and subsequent offenses ... $250.00;or
b. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
c. The Special Master shall not have discretion to alter the penalties
prescribed in subsection (b)(2)(a).
(3) If the named violator. after notice. fails to pay the civil fine or fails to timely
request an administrative hearing before a special master. the special master
shall be informed of such failure by report from the code compliance officer.
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violator's
right to an administrative hearing before the special master. A waiver of the right
to an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(5) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(6) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a
court judgment by the sheriffs of this state. including levy against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien .
.(Q}{d-1 The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 102-384 and 102-385.
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SECTION 2.
That Section 74-1 of Article I of Chapter 74 of the Code of the City of Miami Beach is hereby
amended as follows:
CHAPTER 74
PEDDLERS AND SOLICITIORS
ARTICLE I. In General
Sec. 74-1. Soliciting business in public from pedestrians.
ill Prohibitions. It shall be unlawful for any person, while upon any public street or sidewalk
or while in any building, doorway, stairway, window or other opening abutting on or
adjacent to such street or sidewalk, to accost or attempt to accost any pedestrian on
such street or sidewalk for the purpose of soliciting him to purchase any property, real or
personal, or any food, beverage, or service, or to solicit him to enter any place of
business for the purpose of selling to or inducing or attempting to induce such pedestrian
to purchase any property, real or personal, or any food, beverage, or service.
Q} Enforcement; penalties; appeals; unpaid fines to constitute liens.
Enforcement of this section shall be in accordance with the following procedures:
ill If a code compliance officer finds a violation of this chapter, the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
The notice shall inform the violator of the nature of the violation, amount of fine
for which the violator may be liable, instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation, and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
@ A violator who has been served with a notice of violation shall elect either to:
g. Pay the civil fine as follows:
(i) First offense .... $ 50.00;
(ii) Second offense ... $100.00;
(iii) Third and subsequent offenses ... $250.00; or
Q.. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
c. The Special Master shall not have discretion to alter the penalties
prescribed in subsection (b)(2)(a).
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(3) If the named violator, after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special master
shall be informed of such failure by report from the code compliance officer.
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violators
right to administrative hearing before the special master. A waiver of the right to
an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(5) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(6) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a
court judgment by the sheriffs of this state. including levy against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 102-384 and 102-385 ..
SECTION 3.
That Section 82-1 of Article I of Chapter 82 of the Code of the City of Miami Beach is hereby
amended as follows:
CHAPTER82
PUBLIC PROPERTY
ARTICLE I. In General
Sec. 82-1. Conducting business on streets, parks or other public property; enforcement;
penalties; unpaid fines to constitute liens.
(a) Prohibitions. It shall be unlawful for any person, while in or on any public street, avenue
or alley, or any park, beach, structure, building or other property or place owned,
maintained or operated by the city for public use, to sell, rent or offer for sale or rent to
the public any article, commodity or service of any nature whatsoever, other than
newspapers of general circulation duly entered in the United States Postal Service.
(b) Exemptions. This section shall not apply to~ employees of the city acting for and on
behalf of the city, or to persons specifically authorized to render service to the public in
any place above described, by the city manager, or b)
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(c) This section shall not apply to persons participating in any art show or exhibit held on all
city properties under the specific authorization of the city commission and who are
exhibiting paintings or objects of art produced or created by such persons.
~ Enforcement; penalties; appeals; unpaid fines to constitute liens.
Enforcement of this section shall be in accordance with the following procedures:
(1) If a code compliance officer finds a violation of this chapter, the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
The notice shall inform the violator of the nature of the violation. amount of fine
for which the violator may be liable. instructions and due date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation. and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
(2) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine as follows:
(i) First offense .... $ 50.00;
(ii) Second offense ... $100.00
(iii) Third and subsequent offenses ... $250.00; or
b. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to appeal the decision of the
code compliance officer which resulted in the issuance of the notice of violation.
c. The Special Master shall not have discretion to alter the penalties
prescribed in subsection (c)(2)(a).
(3) If the named violator. after notice. fails to pay the civil fine or fails to timely
request an administrative hearing before a special master. the special master
shall be informed of such failure by report from the code compliance officer.
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time period shall constitute a waiver of the violators
right to administrative hearing before the special master. A waiver of the right to
an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
(4) Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
(5) The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
(6) A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a
court judgment by the sheriffs of this state. including lew against the personal
property, but shall not be deemed to be a court judgment except for enforcement
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224
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
(c) The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 1 02-384 and 1 02-385.
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, 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.
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 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 6. Effective Date.
This Ordinance shall take effect the day of _______ , 2012.
PASSED and ADOPTED this day of ________ , 2012.
ATTEST:
Robert Parcher, City Clerk
Matti Herrera Bower
Mayor
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGUAGE
OR ECUTION
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THE MIAMI HERALD
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ttl MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held
by the Ma}!or and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor; City Hall, 1700 Convention Center Drive, Miami
· ~ch, Florida, on WEDNESDAY, APRIL 11 1h, 2012 to consider the following:
v 10:15 a.m.
Ordinance Amending The Following Chapters In The Code Of The City Of Miami
Beach To Provide Civil Enforcement And Penalty Provisions To Replace Criminal
Misdemeanor Enforcement And Penalty Provisions-As Follows: Amending Chapter 70
Entitled "Miscellaneous Offenses," By Amending Article I, Entitled "In General," By
Amending Section 70-6, Entitled "Penalties," To Provide Civil Penalties And Special
Master Enforcement Provisions Relative To The Prohibitions In Chapter 70, Except
For Violations Of Section 70-3 Entitled "Vibration"; By Amending Chapter 7 4 Of The
Miami Beach City Code Entitled "Peddlers And Solicitors," By Amending Article I,
Entitled "In General," By Amending Section 7 4-1 Entitled "Soliciting Business In Public
From Pedestrians," By Providing That Ttie Solicitation Of Any Food, Beverage Or
Service Is Also A Prohibited Activity And Ptoviding Civil Penalties And Special Master
Enforcement Provisions; By Amending Chapter 82 · Of The Miami Beach City Code
Entitled "Public Property," By Amending Article I, Entitled "In General," By Amending.
Section 82-1, Entitled "Conducting Business On Streets, Parks Or Other Public
Property," By Providing Civil Penalties And Special Master Enfo·rcement Provisions.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
10:20 a.m.
Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter
2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And
Committees," By Amending Division 2, .Entitled "Disability Access Committee," By
Amending ·sec. 2-31 (D) To Increase The Number Of Members From Seven (7) To
Fourteen (14) And Amending The Quorum Requirement.
Inquiries may be directed to the Public Works Department at (305) 67_3-7080.
11:00 a.m.
Ordinance Amending Chapter 46 .OfThe Miami Beach 'City Code, Entitled "Environment,"
By Amending Article Ill Thereof, Entitled "Litter," By Amending Section 46-92 To Provide
Comprehensive Amendments Thereto By Amending The Definition Of Litter And The .
Litter Prohibition Provisions In Subsections (A) And (B); Prohibiting Styrofoam Products
And Plastic Straws On City Beaches; Re-Lettering And Renaming Existing Provisions
In Subsections (A) Thr.ough (0) For Ease Of Reference And Creating New Provisions In
Subsection (G) To Provide Prohibitions .On The Distribution Of Commercial Handbills; A)
In The Art Deco -Historic District During High Impact Periods In The City; B) Within 20 Feet
Of Sidewalk Cafes; And C) On City Beaches East Of The Dunes, Providing Fines And
Penalties For The Violation Of Subsection (G) In The Re·Lettered Subsection (H).
Inquiries may be directed to the City Manager's Office at .(305) 673-7010.
1; ...
INTERESTED PARTIES are invited to appeartlt this meeting, or be represented by an
agent, or to express their views in writing adqressed to the City Commission, c/o the
City_Cierk, 1700 Convention Center Drive, 1st-Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal
business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City
Hall, and Miami Beach, Florida 33139. This meeting may be continued and urider such
circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami-Beach
Pursuant to Section 286.0105, Fla. Stat., the City herepy.advises the public that: it a person decides to appeal any decision
made by the City Commission with respect to any matter considered at its meeting or its hearing,.such person must ensure that
a verbatim record of the proceedings is ma<le, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or .admission of otherwise inadmissible or irrelevaflt
evidence, nor does it authortze challenges or-appeals ·not-otherwise allowed by law.
To request this matertal in accessible format, sign language interpreters, information on access for persons with disabilities, and/
or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489
(voice), (305) 673-7218 (1TY) five days in advance to initiate yourrequest. TTY. users may also call711 (Florida Relay Service).
Ad #696-A