R5F-Amend Chapter 46 Regulations For Distribution Of Commercial Handbills -LeviCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment pertaining to the distribution of commercial handbills.
lntended Outcome Su
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 for residents and visitors
Supporting Data (Surveys, Environmental Scan, etc The City has received numerous complaints from
residents. visitors. and business owners and the oroliferation of commercial handbills.
HsrAGENDA [TEt',
DATE
Item Summary/Recommendation :
FIRST READING
The proposed amendment to Section a6-92(g) seeks to prohibit the distribution of commercial handbills along the
public right-of-way in 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 5th to 15th Streets;(3) Collins Avenue from Sth to 15th Streets'(4) Washington Avenue from 5th to Lincoln Road;(5) All cross streets and bystreets bounded on the north by 15th Street, bounded on the east by
Ocean Drive, bounded on the south by Sth Street, and bounded on the west by Washington
Ave.;(6) Espafrola Way from Pennsylvania Avenue to Collins Avenue; and(7) Lummus Park.
As in the current version of Section 46-92(g), the ban on the distribution of commercial handbills within 20 feet
from the outside perimeter of any approved sidewalk caf6, on any right-of-way within the approved sidewalk caf6,
and on any City beach east of the dunes would remain in force throughout the City.
The Administration recommends that the City Commission approve the Ordinance at First Reading, refer
this item for discussion at the October 3'l,20'14 Neighborhood/Community Affairs Committee meeting,
and schedule a Second Reading Public Hearing for November 19,2014.
Financial lnformation:
Funds:
Amount Account
1
2
3
OBPI Total
Financial !mpact Summary: 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{erm 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.
Clerk's Office
City Attorney's Office - Camilo Mejia (Ext. 6731)
Assigi{ant Cjly Manager
# MIAMISTACH ?-3o4tt68
MIAMIBEACH
City of Miomi Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the C Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 30,2014
SUBJECT: AN ORDINANCE OF THE MA AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
46 OF THE CODE OF THE CIry OF MIAMI BEACH, FLORIDA,
ENTITLED ,.ENVIRONMENT," BY AMENDING ARTICLE III,
ENTITLED "LITTER," BY AMENDING DIVISION ',|, ENTITLED
"GENERALLY," BY AMENDING SECTION 46-92(al, ENTITLED,.DEFINITIONS," BY ADDING A DEFINITION FOR THE TERM
"RIGHT-OF-WAY," BY AMENDING SECTION 46-92(9), ENTITLED.,PROHIBITION ON COMMERCIAL HANDBILL DISTRIBUTION,''
BY AMENDING THE REGULATIONS AND PROHIBITIONS FORTHE DISTRIBUTION OF COMMERCIAL HANDBILLS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFEGTIVE DATE.
ADMINISTRATION 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 46-92(q): Current Prohibitions on Commercial Handbill
Distribution
Section 46-92(9) prohibits the distribution of commercial handbills during
high-impact periods on certain streets within the City's art deco district: Ocean
Dr]ve tiom dth through 1sth Streets, Washington Av'enue from 6th through 17th
Streets, Collins Avenue from 6th through 17th Streets, and on any portion of
Lincoln Road). The City Code defines high-impact periods as "those periods of
time as annually designated by the City Manager during which one of the
following occur:
FIRST READING
69
(i) There is a designated major event period;
(ii) A maintenance or traffic plan is required;
(iii) Hotel occupancy levels are anticipated to be greater than 75
percent; (iv) Mutual aid or other assistance from outside agencies is
required to provide for the safety and well-being of residents and
visitors to the destination; and
(v) An event on public property is anticipated to result in more than
25,000 visitors to the destination.
ln addition to the above prohibition, Section 46-92(9) also bans the
distribution of commercial handbills within 20 feet from the outside perimeter of
any approved sidewalk caf6, on any right-of-way within the approved sidewalk
caf6, and on any City beach east of the dunes.
B. Proposed Amendments
The proposed amendment to Section a6-92(g) seeks to prohibit the
distribution of commercial handbills 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 'lSth Streets;(3) Collins Avenue from 5th to 1Sth Streets;(4) Washington Avenue from Sth to Lincoln Road;(5) All cross 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;
Espafrola Way from Pennsylvania Avenue to Collins Avenue; and
Lummus Park.
As in the current version of Section 46-92(9), the ban on the distribution of
commercial handbills within 20 feet from the outside perimeter of any approved
sidewalk caf6, on any right-of-way within the approved sidewalk caf6, and on any
City beach east of the dunes would remain in force throughout the City.
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.
(6)
(7)
70
ANALYSIS
A. Historv of Art Deco District. Ocean Drive. Lincoln Road
The Miami Beach Architectural District can be divided into three major
neighborhood types based on function and use - the seasonal hotel area, the
commercial areas and the residential area. Architecturally, these zones are
easily recognized and coincide with the long-established street configuration.
The seasonal hotel area is concentrated along Ocean Drive from 5th 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 ParUJames 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 Handbill Distribution
The distribution of commercial handbills along Ocean Drive, Lincoln Road,
Washington Avenue, Collins Avenue, and Espafrola Way causes increased
71
pedestrian congestion and harassment of the tourists and residents who frequent
these historically significant and popular tourist destinations. The proliferation of
commercial solicitation, including solicitation through the distribution of
commercial handbills, is a burgeoning problem for the City, 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 these activities.
As an internationally famous tourist destination, the visual blight caused by
the handbills that end up as litter harms the City's goal of promoting tourism and
continuing to be an internationally renowned tourist destination. The distribution
of commercial handbills 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 handbills. These include, but
are not limited to, the following observations:
. Pedestrians often drop commercial handbills on the right-of-way or
leave them inside other retail establishments, contributing to the
accumulation of litter.
Employees of several retail stores actively solicit pedestrians on the
public right-of-way by distributing commercial handbills; this type of
solicitation has damaged the reputation of Lincoln Road, creating a
"honky tonk" atmosphere.
Employees of stores engaging in commercial solicitation, who often
distribute commercial handbills to convey information about their
products, 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, including the fact that it is difficult to reject commercial handbills
as a result of these 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.
ln addition to complaints of business owners and managers, the
Administration has also received numerous complaints from residents and
72
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 refuses to accept a commercial
handbill or othenruise avoid commercial solicitation activities.
D. Proposed Alternative Solutions
The Administration has considered several alternatives with a view
towards resolving the problems of commercial solicitation through the distribution
of commercial handbills. 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.
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.
73
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.
74
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED*ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED
"LITTER," BY AMENDING DIVISION 1, ENTITLED "GENERALLY,''
BY AMENDING SECTION 46-92(a), ENTITLED "DEFINITIONS," BY
ADDING A DEFINITION FOR THE TERM '.RrGHT-OF-WAY," BY
AMENDING SECTION 46-92(9), ENTITLED "PROHIBITION ON
COMMERCIAL HANDBILL DISTRIBUTION," BY AMENDING THE
REGULATIONS AND PROHIBITIONS FOR THE DISTRIBUTION OF
COMMERCIAL HANDBILLS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Washington Avenue from 5th Street to Lincoln Road ("Washington
Avenue"); Ocean Drive from 5th Street to 15th 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 l5th Street, bounded on the east by
Ocean Drive, bounded on the south by 5tn Street, and bounded on the west by Washington
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 International 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 international 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 Miami
Beach Convention Center, 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 distribution of commercial handbills on these heavily traveled
pedestrian areas causes increased pedestrian congestion, harassment of the tourists and residents
who traverse these historic areas, and increases litter on sidewalks, streets, and in sidewalk caf6
75
areas; and
WHEREAS, the litter on public property caused by persons distributing commercial
handbills has been a problem in the City of Miami Beach for many years and has been the
subject of City Commission discussions; and
WHEREAS, the harassing and excessive commercial handbill distribution in or on
Washington Avenue, Ocean Drive, the Collins Avenue Area, the Lincoln Road Area, Espaflola
Way, and Lummus Park has resulted in significant complaints to the City, and to local business
owners, from residents and tourists who seek a pleasant strolling and sightseeing experience and
is an invasion of the privacy of pedestrians and a detrimental nuisance which adversely impacts
the City's tourist industry; and
WHEREAS, the harassing and excessive commercial handbill distribution on the public
rights-of-way that are adjacent to and within sidewalk caf6 areas is also a detrimental nuisance
which invades the privacy of caf6 diners and adversely impacts the City's interests inpreserving
its aesthetic ambience, tourist industry, and image as a beautiful and enjoyable beachfront
destination; and
WHEREAS, the businesses that engage in commercial solicitation activities through the
distribution of handbills 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, the commercial solicitation activities engaged in by some businesses
dissuade residents, visitors, and tourists from traversing the aforementioned areas, resulting in a
disruption of business to the surrounding outdoor cafes, restaurants, nightclubs, retail
establishments, and entertainment venues; and
WHEREAS, the City recognizes that commercial speech, including speech disseminated
through commercial handbills, is entitled to First Amendment protection and its regulation must
be content-neutral and narrowly tailored to serve significant government 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 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 governmental interests for the City
Commission to enact an Ordinance increasing the City's ability to enforce its litter regulations by
prohibiting the distribution of commercial handbills in and along Washington Avenue, Ocean
Drive, the Collins Avenue Area, the Lincoln Road Area, Espaflola Way, and Lummus Park.
76
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Division 1 of Article III of Chapter 46 of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
Chapter 46
ENVIRO*NMENT
ARTICLE III. LITTER
DIVISION 1. GENERALLY
Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commercial handbill regulations, fines, and rebuttable presumptions;
seizure and removal of litter by the city; enforcementl appeals; liens.
(a) Definitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
*rfr&
(3) Handbil/ means any handbill, flyer, paper, document, dodger, circular, folder,
booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written,
printed or painted matter or object that conveys any information, except that "handbill"
shall not include a newspaper or its contents.
(4) Commercial handbill means any handbill that conveys any information about any
good or service provided by a business.
,t( {. *
(8) Rigftl-oy'u'ay rneans and inclurdes. but is not lirnited to. any state. county" or cit.v-
ouns:_d publio streqLsidgrvalk" street corner" curb. bic_.):ple path" o_f pedestrian rl'alkivay'.
:t*{<
(g) Prohibitions on commercial handbill distribution.
(1) ffisloric,lrecs. It shall be unlawlul lbr any person to distribute commercial handbills
on the right-ot-u..a],'in Qny of thc follorving areas i.n.the City_of Miami []g.r4ch:
a. 'l'he area bounded on the north b)." but not includins. 17th Street. hounded
on the east by. but not including" Washinston Avenure. bouncled on the
south by Lincoln Lane" and bounded on the u'est by Alton Road;
77
b. Ocean Drive Ii<trn 51h to l5th Streets:
c. Collins Avenue frorn 5th to l5th Streets;
d. ___Wasbi.pgl9n Avenue frop 5th to l,incsln Ro-ad;
e. All cross streets and bvstreets boundecl on the north by 15th Street.
bounded on the east by Ocean l)rive. bounded on the south bv 5th Street.
and bounded on the rvest b.v Washinqton Ave:
f. Espahola Wa)z fiom Penns)'lvania Avenue to Crillins Avenue: nnd
g. Lurnmr-rs Park.
'l'hri prchiljlj_pls-in this_ subsection (g) shall app-l-l''t"o.the distributioUof commsrcial
handbills on an).' right-of.r.vay. including but not li$itecl to any doo:ru'ay. stairrvay. r.vindo,w or
other opening of a building abutting on or adizrcent to sr-rch rieht-of-way. All righls-ol'-way
identif-red as prohibitecl areas shall inciude the enlire rvidth of the right-of-wary. including all
sider.valks.
(l.) nt/rrc;Aorus, Ene
@
negister +{;stor in
b= HrE# rr?p66lf€n0d#..*rleal1 t
eity ffianager during-l*rieh olre or ffrore of, the llorving eeeur:
;
limi+etl-+tr'*+reerel
(iii) I,:lotet eee 5
p€{€ent
(iv) Ir4utual-aid or sther assistanee f*'om etrtside ageneies is+equireel to
des+ina+itrn;-=ilid
@ion,
e, ".1?itfikf$,*ry, ffreet+ls ar+d-i$eludes; burt is not li+nited to; a*l.v state;-eotmty;
sr eity olrned p*blie street, *ielew-*lk; street eonrehet+rb; bieyetre path; sr
@
A -.-.rlrt: Aeeo nist
78
€€ean
nriYe {roin 6th {h+'otrgh +5
eerlli+*sAvenue*'onr 6tl'r tlr,rotrglr l Tth Streets, and en a*,v portisn of {,ineein Road'
(?3) Sidewalk cafes. Commercial handbills shall not be distributed on the right-of-way:
a. Within 20 feet in any direction from the outside perimeter of any approved
sidewalk cafe (as indicated in the approved site plan attached to the city-issued
permit); and
b. On any right-of-way within the approved sidewalk cafe.
(l4) Beaches. Commercial handbills shall not be distributed on any city beach east of
the dunes.
**r.
SECTION2. 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 apart 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 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.
79
SECTION 5. EFFECTIVE DATE
PASSED and ADOPTED this
This Ordinance shall take effect on
day of _,2014.
the _ day of _,2074.
ATTEST:
Rafael E. Granado, City Clerk
Underscore denotes additions
S+r*e+n+eugn denotes deletion
(Sponsored by Mayor Philip Levine)
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
nltt
Dote
80
THIS PAGE INTENTIONALLY LEFT BLANK
81