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* IIAIII IIAIFI * File ID: #7440
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Ordinance
First Reading
Sponsored by: Manolo Reyes, Commissioner, Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "HUMAN RELATIONS;" MORE PARTICULARLY, BY CREATING
ARTICLE II, TITLED "LARGE GROUP FEEDINGS," AND SECTION 25-25, TITLED
"REGULATIONS FOR STREET AND PUBLIC LARGE GROUP FEEDINGS," TO
CREATE REGULATIONS FOR THE USE OF CITY OF MIAMI STREETS AND PUBLIC
SPACES FOR LARGE GROUP FEEDINGS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 7440 (Revision: B) Printed On: 911812020
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* 1C11F ,KATE, * City of Miami
l O R l9 Legislation
Ordinance
Enactment Number: 13907
File Number: 7440 Final Action Date: 6/25/2020
AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S),
AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "HUMAN RELATIONS;" MORE PARTICULARLY, BY CREATING
ARTICLE II, TITLED "LARGE GROUP FEEDINGS," AND SECTION 25-25, TITLED
"REGULATIONS FOR STREET AND PUBLIC LARGE GROUP FEEDINGS," TO
CREATE REGULATIONS FOR THE USE OF CITY OF MIAMI STREETS AND PUBLIC
SPACES FOR LARGE GROUP FEEDINGS; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") acknowledges and appreciates those who take
part in the charitable act of providing food to the homeless and others in need; and
WHEREAS, on a daily basis, various groups visit the City to distribute free food to
homeless individuals in areas with no available running water for hand -washing, no restrooms,
and with the meals being provided using disposable containers that are later discarded on the
public streets and sidewalks; and
WHEREAS, the food is typically distributed out of illegally parked vehicles parked in the
public right-of-way and served under questionable sanitary conditions; and
WHEREAS, large groups of homeless individuals tend to gather, live, and sleep in the
areas where these daily food distributions take place, resulting in an increase in unsanitary
conditions and breeding conditions for outbreaks of communicable diseases, which negatively
impact the health, safety, and welfare of surrounding businesses and residents; and
WHEREAS, on January 9, 2020, the Florida Department of Health ("DOH") confirmed
the existence of a sanitary nuisance at 22 E. Flagler Street (a common location for daily food
distribution to the homeless) and determined it to be injurious to health as defined in Chapter
386, Florida Statutes, titled "Particular Conditions Affecting the Public Health," as more
particularly detailed in Exhibit "A", attached and incorporated; and
WHEREAS, the City Commission desires to balance the rights of those well-intentioned
individuals and groups who distribute food to the homeless with the property rights of residents
and businesses in the City, such that the areas of the City that are the location of daily food
distributions are not permitted to become a sanitary nuisance; and
WHEREAS, to ensure the sanitary conditions of the City's public spaces, the City
Commission desires to expand the restrictions of the Code of the City of Miami, Florida, as
amended ("City Code"), to include provisions establishing regulations governing large group
feedings on City streets and sidewalks; and
WHEREAS, it is the intent of the City Commission in enacting this Ordinance to improve
the public's quality of life including the quality of life of the City's homeless population, to
City of Miami File ID: 7440 (Revision: B) Printed On: 911812020
maintain and further expand the economic vitality of the City, and to ensure the general health,
safety, and welfare of the public; and
WHEREAS, on June 25, 2020, the City Commission held a duly -noticed public meeting
in order to consider the adoption of this Ordinance and considered evidence submitted by City
staff and on file with the City Clerk's Office, including reports of the Florida Department of
Health, photographs, and video recordings showing the need for these regulations; and
WHEREAS, the City Commission takes legislative notice and has considered all
pertinent testimony and materials in the record, including, without limitation, written
communications from DOH;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 25 of the City Code, titled "Human Relations", is further amended in
the following particulars:'
"CHAPTER 25
HUMAN RELATIONS
ARTICLE I. DOMESTIC PARTNERSHIPS AND BENEFITS
Sec. 25-4 — 24. Reserved.
ARTICLE II. PUBLIC FEEDING
Sec. 25-25. Regulations for Large Group Feedings.
(a) Definitions. The following words, terms, and phrases, when used in this Section,
shall have the meanings ascribed to them except where the context clearly indicates a
different meaning:
Director means the Director of the City's Department of Human Services includin
his/her desianee.
Large Group Feeding means an event intended to attract, attracting, or likely to attract
twenty-five (25) or more people, including distributors and servers for the delivery or
service of food in a Public Space. Excluded from this definition are activities of City
permitted. licensed. or contracted concessionaires. lessees. or licensees.
Public Space means any dedicated or undedicated public Street, highway, sidewalk,
park, parkway, right-of-way, alley, public ways, or any other public places within the City,
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 7440 (Revision: B) Printed On: 911812020
including City -owned buildings or City -property. Public Space shall also include the
buildings of any governmental agency within the City including federal, state, and county
owned buildinas.
Street or Streets means the surface, the air space above the surface, and the area
below the surface of any public Street, highway, road, boulevard, concourse, driveway,
freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock,
bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other
public right-of-way or public place, including public utility easements dedicated for
compatible uses, or any other property in which the City holds any kind of property
interest or over which the City exercises any type of lawful control, and any temporary or
permanent fixtures or improvements located thereon including City -owned buildings or
City -property.
(b) Except for activities of a governmental agency within the scope of its
governmental authority or unless specifically permitted to do so by a permit or approval
issued pursuant to this Section by the City Commission or the City Manager, as
applicable, it shall be unlawful to undertake Large Group Feedings in Public Spaces
unless the person(s) serving the food:
1) Obtains a Larae Group Feedina permit issued by the Director. The Director
shall issue a Large Group Feeding permit based upon the following criteria:
(i) The application must be submitted at least two (2) business days prior
to the planned Large Group Feeding event.
(ii) The application must contain the followina information:
1. the name of the individual(s) or organization that will be serving
or distributing food;
2. the date(s) when food is anticipated to be served or distributed;
3. the times of day when food service and distribution is
anticipated to be served or distributed on each date listed in the
notice;
4. identification of one of the permitted Large Group Feeding
locations designated by the City Manager, as specified herein, at
which the applicant desires to serve or distribute food; and
5. the approximate or expected number of food preparers and
servers on the site where the food is anticipated to be served or
distributed and the approximate or expected number of individuals
that will be served.
(iii) Large Group Feeding permits will be limited to one (1) per day for any
given designated feeding location and permits will be issued on a first
come, first served basis, based on the availability of the desired
designated feeding location.
(iv) Any individual or organization is permitted a maximum of one (1)
Large Group Feeding permit per week regardless of which designated
feeding location is utilized. Individuals associated with an organization
must indicate such association on any application for a Large Group
Feeding permit and this limitation will apply to the organization even if
multiple individuals may desire to apply for a permit on behalf of the
organization.
(v) Organizations who submit applications for a Large Group Feeding
permit through individuals without those individuals disclosing their
association with the organization will be subject to being precluded from
receiving Large Group Feeding permits for a period of up to twelve (12)
months.
City of Miami File ID: 7440 (Revision: B) Printed On: 911812020
(2) The permit holder shall remove or cause the removal of substantially all trash
or debris from the feeding site that was generated by the service or distribution of
food and deposit the trash or debris in the provided public trash receptacle(s) or
in a private trash receptacle if permission from the receptacle owner was
obtained.
The City will use its best efforts to provide support services at designated feeding
locations for any permitted Large Group Feeding, including, but not limited to containers
or receptacles for disposal of waste; restroom facilities; handwashing stations; and the
availability of City staff to assist with outreach to the homeless.
c) Desianated Feedina Locations. The Citv Manaaer shall identifv at least five (5
designated feeding locations within the City at which Large Group Feedings are
permitted to take place that have the following characteristics:
1. Within easy walking distance to locations where large groups of homeless are
known to congregate;
2. Paved;
3. Adequate parking for those conducting the Large Group Feedings; and
4. Adequate lighting for the Large Group Feeding activities.
The City Manager is authorized to amend the Designated Feeding Locations
from time to time and as needed, within the City Manager's sole discretion, to best
balance the needs of all parties involved in Large Group Feedings.
(d) Penalties. A violation of this Section shall be enforced against the
individual or organization by the issuance of a civil code enforcement fine in the
amount of $250.00 for a first occurrence and a civil fine in the amount of $500.00
for each subsequent occurrence in accordance with Chapter 2, Article X of the
City Code. Repeat violations in any one (1) calendar year may also subject the
repeat violator to being precluded from receiving Large Group Feeding permits
for a period of uo to twelve (12) months."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
i ria ndez, C ity Attor iey 5/18/2020i ria ndez, ity Httor ey 6/16/2020
z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 7440 (Revision: B) Printed On: 911812020