R5E-Amend Chapter 74 Prohibit Commercial Solicitation In Certain Areas -Levine-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment pertaining to the prohibition on commercial
solicitation in certain areas.
lntended Outcome
The government interests supporting these proposed amendments include: (1) Protecting the
historic character of these districts, the City's economic engine; (2) Developing the high-end retail
and high-end sidewalk caf6 promenades in the district; (3) Promoting luxury tourism; (4)
Minimizing harassment of pedestrians along the public right-of-way; (5) Minimizing congestion;
(6) Reducinq litter; (7) lmprovinq the aesthetic experience for residents and visitors.
Supporting Data (Surveys, Environmental Scan, etc The City has received numerous complaints
from residents, visitors, and business owners and managers regarding the proliferation of commercial
solicitation activities.
Item Summary/Recommendation :
FIRST READING
The proposed amendment to Section 74-1 seeks to prohibit commercial solicitation along the public
right-of-way within the following areas:
(1) The area bounded on the north by, but not including, 17th Street, bounded on the east by, but
not including, Washington Avenue, bounded on the south by Lincoln Lane, and bounded on
the west by Alton Road;(2) Ocean Drive from Sth to 1Sth Streets;(3) Collins Avenue from Sth to 15th Streets;(4) Washington Avenue from Sth to Lincoln Road;(5) Allcross streets and bystreets bounded on the north by 1Sth Street, bounded on the east by
Ocean Drive, bounded on the south by 5th Street, and bounded on the west by Washington
Ave;(6) Espaffola Way from Pennsylvania Avenue to Collins Avenue; and(7) Lummus Park.
As ln the current version of Section 74-1,the prohibitions on commercial solicitation in the proposed
amendment would apply at all times. Additionally, the proposed amendment seeks to clarify the
prohibitions on commercial solicitation by deleting the language relating to accosting or attempting to
accost any person for the purpose of soliciting him or her to purchase any good, service, food, or
beverage.
The Administration recommends that the City Commission approve the Ordinance at First
Reading, refer this item for discussion at the October 31, 2014 Neighborhood/Community
Affairs Committee meeting, and schedule a Second Reading Public Hearing for November 19,
2014.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: ln accordance with Charter section 5.02, which requires that the "City
of Miami Beach shall consider the longterm economic impact (at least 5 years) of proposed
legislative actions," this shall confirm that the City Administration evaluated the longterm economic
impact (at least 5 years) of this proposed legislative action, and determined that there will be no
measureable impact on the City's budget.
City Attorney's Office - Camilo Mejia (Ext. 6731)
{s MIAfiAIBTACH rrnr'r RSE
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MIAMIBEACH
€ity of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members f the Ci Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 30,2014
FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
74 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED "PEDDLERS AND SOLICITORS," BY AMENDING
ARTICLE I, ENTITLED ..IN GENERAL," BY AMENDING SECTION
74.1, ENTITLED "SOLICITING BUSINESS IN PUBLIC FROM
PEDESTRIANS,'' TO PROHIBIT COMMERCIAL SOLICITATION IN
CERTAIN AREAS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRAT!ON RECOMMENDATION
The Administration recommends that the City Commission approve the
Ordinance at First Reading, refer this item for discussion at the October 31,2014
Neighborhood/Community Affairs Committee meeting, and schedule a Second
Reading Public Hearing for November 19, 2014.
BACKGROUND
A. Chapter 74-1: Current Prohibition on Commercial Solicitation
ln its current form, Section 74-1 of the Code of the City of Miami Beach
places restrictions on the solicitation of pedestrians for commercial purposes.
More specifically, this Section provides that:
It shall be unlaMul for any person, while upon any public street or
sidewalk or while in any building, doonruay, 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
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inducing or attempting to induce such pedestrian to purchase any
property, real or personal, or any food, beverage or service.
This prohibition applies year-round throughout the City.
B. Proposed Amendments
The proposed amendment to Section 74-1 seeks to prohibit commercial
solicitation along the public right-of-way within the following areas:
(1)
(2)
(3)
(4)
(5)
The area bounded on the north by, but not including, 17th Street,
bounded on the east by, but not including, Washington Avenue,
bounded on the south by Lincoln Lane, and bounded on the west
by Alton Road;
Ocean Drive from 5th to 1Sth Streets;
Collins Avenue from Sth to 15th Streets;
Washington Avenue from Sth to Lincoln Road;
All cross streets and bystreets bounded on the north by 1Sth Street,
bounded on the east by Ocean Drive, bounded on the south by Sth
Street, and bounded on the west by Washington Ave;
Espafrola Way from Pennsylvania Avenue to Collins Avenue; and
Lummus Park.
(6)
(7)
As in the current version of Section 74-1, the prohibitions on commercial
solicitation in the proposed amendment would apply at all times.
Additionally, the proposed amendment seeks to clarify the prohibitions on
commercial solicitation by deleting the language relating to accosting or
attempting to accost a pedestrian for the purpose of soliciting him or her to
purchase any good, service, food, or beverage.
The government interests supporting these proposed amendments
include: (1) Protecting the historic character of these districts, the City's
economic engine; (2) Developing the high-end retail and high-end sidewalk caf6
promenades in the district; (3) Promoting luxury tourism; (4) Minimizing
harassment of pedestrians along the public right-of-way; (5) Minimizing
congestion; (6) Reducing litter; (7) lmproving the aesthetic experience for
residents and visitors.
ANALYSIS
A. Historv of Art Deco District, Ocean Drive. Lincoln Road
The Miami Beach Architectural
neighborhood types based on function
commercial areas and the residential
District can be divided into three major
and use - the seasonal hotel area, the
area. Architecturally, these zones are
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easily recognized and coincide with the long-established street configuration.
The seasonal hotel area is concentrated along Ocean Drive from Sth Street to
15th Street and along Collins Avenue from 6th Street to 23'd Street. A secondary
concentration of such hotels is located in the Collins Park/James Avenue area
north of Lincoln Road and east of Washington Avenue. The commercial areas
are largely restricted to two streets which traverse the District from north to south
(Washington Avenue) and east to west (Lincoln Road). The residential area
which surrounds Flamingo Park includes both multi-family and single family
buildings.
This approximately 125 square block area contains the largest
concentration of 1920s and 1930s era resort architecture in the United States.
Dozens of grand, Mediterranean Revival style hotels were built during the 1920s.
ln the early 1930s the City was being promoted and developed as a tropical
playground. lt is during this phase that a new building boom began, and would
last until the beginning of World War ll. The vast majority of the over 800
buildings constructed in the 1930swere designed in the Moderne (Art Deco and
Streamline) style of architecture. These apartment houses and commercial
buildings were built by only a few architects working for a small number of
developers, resulting in a uniformity of scale, architectural style and extraordinary
architectural compatibility, and giving the district an extremely cohesive
character. ln 1979, the Miami Beach Architectural District was listed on the
National Register of Historic Places. This act set a historic precedent because it
marked the first recognition of a 20th Century district.
Today, the Art Deco district of Miami Beach is one of America's most
famous neighborhoods. lts Art Deco architecture has formed the backdrop to
many fashion shoots, movies, television shows, and music videos. Benefiting
from its unique geography and history, the preservation of Miami Beach has had
a significant regional economic impact. The Art Deco district and South Beach
were the top tourist attractions in Miami-Dade County in 2008, visited by nearly
52% of its 12 million visitors. From 1995-2009, these visitors to Miami Beach
spent some $15 billion for food, drinks and lodging, with historic South Beach
drawing nearly 75% of this spending.
B. Commercial Solicitation
Commercial solicitation of pedestrians along Ocean Drive, Lincoln Road,
Washington Avenue, Collins Avenue, and Espahola Way causes increased
pedestrian congestion and harassment of the tourists and residents who frequent
these historically significant and popular tourist destinations. Commercial
solicitation has been a problem for the City for some time, as reflected by
numerous complaints from residents, businesses, and visitors, as well as the
observations of City officials, regarding the harassment and accosting of
pedestrians arising from commercial solicitation activities.
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As an internationally famous tourist destination, the visual blight caused by
commercial solicitation harms the City's goal of promoting tourism and continuing
to be an internationally renowned tourist destination. Commercial solicitation
along these historically significant and popular areas reduces pedestrians'
enjoyment of these areas and impedes the City's vision of these areas as
pleasant and tranquil promenades.
C. Evidence Considered in Support of the Amendments
The City has received numerous complaints from business owners and
managers regarding the proliferation of commercial solicitation activities,
particularly along Lincoln Road. Although the experiences of these business
owners and managers vary, they include, but are not limited to, the following
observations:
Employees of several retail stores along Lincoln Road actively solicit
pedestrians on the public right-of-way by approaching them in an
aggressive manner, including by touching a potential customers' hair
or body, questioning pedestrians insistently, and continuing to speak
with and walk along pedestrians who ask to be left alone.
Commercial solicitation has damaged the reputation of Lincoln Road,
creating a "honky tonk" atmosphere.
On at least one occasion, a pedestrian was "cursed out" when said
pedestrian refused to go along with a sales pitch from a solicitor.
Employees of stores engaging in commercial solicitation are scaring
customers, tourists, and pedestrians away from entering nearby
businesses.
Customers often complain about their anger, annoyance, and
discomfort resulting from the exposure to commercial solicitation
tactics.
Often, pedestrians will avoid the entire side of the street where the
commercial solicitation activities are taking place, or will quickly walk
past these areas in order to avoid the harassment.
Employees of neighboring retail and food establishments avoid the
areas where commercial solicitation takes place, and are forced to take
alternate routes to get to work, in order to avoid the harassing conduct
of commercial solicitors.
ln addition to complaints of business owners and managers, the
Administration has also received numerous complaints from residents and
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visitors. These include email accounts of not being able to walk along Lincoln
Road without fear of being hassled and/or harassed, as well as descriptions of
rude behavior and comments when a pedestrian chooses to avoid the
commercial solicitation activities.
D. Proposed Alternative Solutions
The Administration has considered several alternatives with a view
towards resolving the problems of commercial solicitation. One of these
alternatives involves the creation of free speech "bubbles," which would
essentially require that any commercial solicitation activities take place beyond a
minimum threshold distance surrounding a pedestrian. This alternative has been
discussed and, ultimately, rejected due to the difficulties that arise in connection
with the enforcement of buffer zones in the hightraffic pedestrian areas where
solicitation is a problem.
A second alternative is to create commercial solicitation "boxes" or
"zones," in which commercial solicitation would be allowed with little or no
limitation. The Administration considered several such areas, including: (1) the
intersection of Lincoln Road and Washington Avenue; (2) the intersection of
Ocean Drive and Fifth Street; and (3) the intersection of Ocean Drive and Tenth
Street.
Several challenges arise in connection with this alternative. First, this
alternative does not address many of the legitimate concerns raised above
because it still would create a bazar atmosphere. Also, it is difficult to determine
the geographic limitations of these zones, as well as the extent of the limitations
on speech, if any, on commercial soliciting within these zones. Second,
commercial speech zones would create enforcement challenges, as it would be
difficult to define the boundaries of the zone itself, and, in addition, there would
likely be some spillover effect outside of the zone and into the surrounding
bystreets and side streets. Finally, creating free speech zones exclusively for
commercial speech, while at the same time not requiring such zones for other
types of speech, would likely result in additional enforcement difficulties for City
Code enforcement officers.
As a third alternative, the Administration considered limiting the application
of the commercial solicitation ban to aggressive solicitation. As with the other
alternatives, this limitation poses several important problems. First, it is difficult
to define precisely what kind of conduct constitutes "aggressive" solicitation, as
this is a highly subjective term. Similarly, training Code enforcement officers to
recognize whether particular conduct is in fact aggressive, and thus subject to a
violation, would also present a challenge. ln addition, limiting the ban to
aggressive solicitation would not help to resolve the more prevalent problem of
non-aggressive commercial solicitation along the City's rights-of-way.
Accordingly, the Administration does not recommend adopting this alternative.
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FINANCIAL IMPACT
ln accordance with Charter section 5.02, which requires that the "City of
Miami Beach shall consider the long-term economic impact (at least 5 years) of
proposed legislative actions," this shall confirm that the City Administration
evaluated the long-term economic impact (at least 5 years) of this proposed
legislative action, and determined that there will be no measureable impact on
the City's budget.
CONCLUSION
The Administration recommends that the City Commission approve the
Ordinance at First Reading, refer this item for discussion at the October 31,2014
Neighborhood/Community Affairs Committee meeting, and schedule a Second
Reading Public Hearing for November 19,2014.
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 74 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED
..PEDDLERS AND SOLICITORS," BY AMENDING ARTICLE I,
ENTITLED "IN GENERAL," BY AMENDING SBCTION 74-I,
ENTITLED "SOLICITING BUSINESS IN PUBLIC FROM
PEDESTRIANS," TO PROHIBIT COMMERCIAL SOLICITATION IN
CERTAIN AREAS; PROVIDING FOR REPEALER, SEVERABILITY'
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Washington Avenue from 5'h Street to Lincoln Road ("Washington
Avenue"); Ocean Drive from 5th Street to 15ft Street ("Ocean Drive"); the area bounded on the
north by, but not including, 17th Street, bounded on the east by, but not including, Washington
Avenue, bounded on the south by Lincoln Lane, and bounded on the west by Alton Road
("Lincoln Road Area"); the area bounded on the north by 15th Street, bounded on the east by
Ocean Drive, bounded on the south by 5tn Street, and bounded on the west by Washinglon
Avenue ("Collins Avenue Area"); Espaflola Way from Pennsylvania Avenue to Collins Avenue
("Espaflola Way"); and Lummus Park, are located within or adjacent to unique historic districts
in the City of Miami Beach ("City") and are nationally and intemationally popular tourist
destinations; and
WHEREAS, the City of Miami Beach and, in particular, the Lincoln Road Area,
Espaflola Way, Lummus Park, Ocean Drive, Washington Avenue, and the Collins Avenue Area,
are located in the "South Beach" area, which attracts a reported 6.8 million tourists from around
the world annually and is host to a myriad of major events, such as Art Basel - Miami Beach, The
Food Network South Beach Wine & Food Festival, the Miami Intemational Boat Show, White
Party, Winter Party, Winter Music Conference, Miami Marathon, Art Deco Weekend, South
Beach Comedy Festival, Mercedes Benz Swimwear Fashion Week, among others, that attract
local, national, and intemational visitors; and
WHEREAS, situated within the Lincoln Road and Collins Avenue Areas, and along
Ocean Drive, Washington Avenue, Lummus Park, and Espaflola Way are a multitude of retail,
dining, and entertainment venues that include restaurants, sidewalk cafes, nightclubs, the Fillmore
at the Jackie Gleason Theater, the New World Symphony, City parks, and retail stores, all of
which are heavily trafficked by residents, visitors, and tourists who desire to visit, shop, dine, and
attend cultural performances, or to simply stroll along these areas without any disruption and
intimidation; and
WHEREAS, the City of Miami Beach has a significant governmental interest in
providing its residents, visitors, and tourists with a pleasant, enjoyable, and safe environment free
of nuisance activity; and
WHEREAS, the commercial solicitation of pedestrians along these heavily traveled
pedestrian areas causes increased pedestrian congestion and harassment of tourists and residents
who traverse these historic areas; and
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WHEREAS, the harassment of pedestrians arising from commercial solicitation activities
is a burgeoning problem in the City of Miami Beach, as reflected by numerous complaints from
residents, business owners, and visitors; and
WHEREAS, the businesses that engage in commercial solicitation activities disrupt the
activities of the surrounding outdoor cafes, restaurants, nightclubs, retail establishments, and
entertainment venues, by physically approaching, harassing, and intimidating residents, visitors
and tourists in places where it is difficult to exercise the right to decline to listen to them or avoid
their requests; and
WHEREAS, commercial solicitation activities on the public rights-of-way in the above-
stated areas dissuade residents, visitors and tourists from traversing these areas, resulting in the
disruption and/or loss of business to the surrounding outdoor cafes, restaurants, nightclubs, retail
establishments, and entertainment venues; and
WHEREAS, the businesses that engage in solicitation activities regularly distribute
commercial handbills to pedestrians, resulting in increased litter and adversely impacting the
City's interests in preserving its aesthetic ambience, tourist industry, and image as a beautiful and
enjoyable beachfront destination; and
WHEREAS, the City recognizes that commercial speech is entitled to First Amendment
protection and its regulation must be content-neutral and narrowly tailored to serve a significant
goverrrment interests while leaving open alternative channels of communication; and
WHEREAS, the City has significant governmental interests in protecting the character of
its historic districts, developing the high-end retail and high-end promenades within its historic
and entertainment districts, promoting luxury tourism, minimizing the harassment of pedestrians
along the public right-of-way, minimizing congestion, reducing litter, and improving the aesthetic
experience for residents and visitors; and
WHEREAS, it would serve the aforementioned govemmental interests for the
Commission to enact an Ordinance increasing the City's ability to enforce its regulations by
prohibiting the commercial solicitation of pedestrians on the public rights-of-way on Washington
Avenue, Ocean Drive, the Collins Avenue Area, the Lincoln Road Area, Espaflola Way, and
Lummus Park;
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Article I of Chapter 74 of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
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Chapter 74
PEDDLERS AND SOLICITORS
,r*rr
ARTICLE I. IN GENERAL
,r ?1. ,r
I Sec. 74-1. Soliciting business in public-frompede*tri*a*.
(a) Prohibitions. It shall be unlawful f,-or an)'person; r'v
or rvhile in any tuildin8, doorvva.v; st&irwa)'; window er other opening allutting on or adjaeent to
@tosolioitffiany
er-side*atk-for the purpose of ssliei+@.inSluqig*H+Fsuch person to purchase any property, real
or personal, or any food, beverage or service, or to solicit hi*n-Spch*gfSgn to enter any place of
business for the purpose of se$i*g*e-eFinducing or attempting to induce such peees+rian-pgtl9!
to purchase any property, real or personal, or any food, beverage or service.
'l_bis Section qhall appl), r..'v'hen the so_l.ic_itor or theJl_e_rson being solicited.is located p-n.any
pr-Lhlic right-of.rvay" which rneans ancl includes. but is not lirnited to. zrny' street. sidervalk. street
corner. cLlrb. bicycle rlath. or oedestrian walkrvay. in anlr of the {bllolvinq areas in the Cit.v" o{'
ivliami Beach. 'I'his Section shall also appl), to any doorrvar-. stairwa,v. winclorv or other openins
of a b_pilding Abutting on o_rg_djacent to tuch righl-of-wav. in.Any of-tlt-qlbllorving-areas inlhg
Cit)'. of Miami lleach:
(1) The area boundecl on the north b)2. brit not inclucling. 17th Street. bouncled on the
east bl'. but not including. Washington r\venue. bounded on the south by Lincoln
Lane-. -and bounded on the y:,*est by Alt<r.n Ro4ll:
(2) Oceal Drive fronr 5th to l5th Streets:
(3) Collins Avenue ltom 5th to l5th Streets:
(-i) Washington Avenue from 5th to Lincoln Road:
(5) All cross streets anll b_Jstreets b_o_ulded sl-the north-bJ 15th Street. bounded on.the
east by C)cean Drive. bclunded cln the south b)i 5th Street" artd bounded on the rvest
b.,- Washington Ave:
(6) Espaflola Way fiorn Pennsylvania Avenue to Collins Avenue: arnd
(7) [.,ummus-l]-Ark.
d<**
SECTION 2. CODIFICATION
It is the intention of the Mayor and the 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.
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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. EFFECTIVE DATE
PASSED and ADOPTED this
-
day of _,2014.
Thisordinanceshalltakeeffectonthe-dayof-,2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underscore denotes additions
S*ike+nreugh denotes deletions
(Sponsored by Mayor Philip Levine)
APPROVED AS TO
FORM & LANGUAGE
\-
ctV Nnoneu6Xl
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