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Home My WebLink AboutO-13947City of Miami f Legislation Ordinance: 13947 File Number: 7632 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/10/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS", BY DELETING REQUIREMENTS AND DEFINITIONS RELATED TO THE OBSOLETE COCONUT GROVE, MIAMI ARENA, BISCAYNE BOULEVARD, AND RESTAURANT ARCADE SPECIAL VENDING DISTRICTS; PROVIDING FOR PROHIBITIONS AGAINST VENDING IN THE WYNWOOD AND COCONUT GROVE BUSINESS IMPROVEMENT DISTRICTS AND ON ANY RIGHT-OF- WAY ABUTTING A T3 TRANSECT ZONE; FURTHER PROVIDING FOR A MODIFIED MAXIMUM WIDTH FOR VENDING STANDS IN THE RIGHT-OF- WAY; CLARIFYING CONTINUED ALLOWANCE FOR PEDDLING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 39/Article II of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Peddlers and Itinerant Vendors/Sidewalk and Street Vendors", regulates vending on streets, rights -of -way, and publicly owned parking facilities within the City of Miami ("City"); and WHEREAS, the Department of Resilience and Public Works' review of the City Code has determined that the same requires updating in order to delete references to obsolete vending districts that are no longer in use as well as to modify the width of allowed vending stands to ensure the unimpeded use of the public rights -of -way where vending continues to be permissible; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 39/Article II of the City Code is further amended in the following particulars:' "CHAPTER 39" PEDDLERS AND ITINERANT VENDORS ' 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 unchanged material. City of Miami Page 1 of 19 File ID: 7632 (Revision: 8) Printed On: 1212812020 File ID: 7632 Enactment Number: 13947 ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-26. - Definitions. For the purposes of this Article: Business tax receipt (BTR) as defined in Chapter 31 of the City of Miami Code. Civic center special vending district is defined as all public rights -of -way within that area bound by and including both sides of Northwest 12th Avenue on the east, Northwest 14th Street on the north, Northwest 12th Street on the south, and Northwest 14th Avenue on the west. G—p-r--p—PUt G—FG�� &peGiai vending Glist.rir--t 016 defopead as all p6ibliG Fights ef way withiR that area BaysheFe [Dirive .;;Ad- MaFy StFeet. F=Fem said PGORt Gf begiRRORg FnGVe RG)Fth GR Mary Street te IeR Read, theR rlriie to M FY Street Whinh is the Peint of he`rinRO west, ertheasVNerthwest TeRth Street erg the r�erth I� l Motor vehicle is defined as any vehicle used for the displaying, storing, or transporting of articles offered for sale by a vendor, which is required to be licensed and registered by the department of highway safety and motor vehicles. Open flame is defined as being a heat source which consists of a visible flame or which produces smoke at any time. Open flame cooking is defined as the cooking of food utilizing a heat source which consists of a visible flame or which produces smoke during the cooking process. terms and PFGVicieRc of this article Person is defined as any natural individual, firm, trust, partnership, association, or corporation, in his/her or its own capacity or as administrator, conservator, executor, trustee, receiver, or other representative appointed by a court. Whenever the word "person" is used in any section of this article prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners (both general and limited) or members thereof, and such word as applied to corporations shall include the officers, agents, or employees thereof who are responsible for any violation of said section. Planning sticker is defined as the sticker issued by the planning, building and zoning department pursuant to section 39-34(7). City of Miami Page 2 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 Posted notice lottery is defined as a lottery with notice to be given solely by the posting of at least four signs in each of the city's special and restricted zoning districts, with the exception of the arcade and Miami Arena vending districts, at least 30 days prior to the lottery date. Pushcart is defined as a wheeled vehicle propelled solely by a single human. Qualified vendor is defined as any vendor who successfully completes prequalification of his, her or its application for a vending zone; including pushcart certification and proof of all required licenses and permits. Restaurant arcade is defined as a second -level structure authorized, pursuant to section 54-186 of this Code, to extend within the public right-of-way by revocable permit, which is elevated over a portion of the public sidewalk, and which at the second level contains only seating for a restaurant located within the second floor of an adjacent building. y eXteRrJ eYE)Rd and parallel to the stroo4 sided of ci inh roc4�i irron4 �rr_ade acrc ci mac-vrcavrr-rcacaurarrc-arccia� Sec. 39-32. Vending prohibited in certain locations. Vending, but not peddling, is prohibited in the following locations: (1) Within special vending districts ^r ros+�� rapt ,r,.adta vonrliRg ZeRes, except within designated vending zones of said areas. (11) Within the boundaries of the Wynwood Business Improvement District. (12) Within the boundaries of the Coconut Grove Business Improvement District. (13) Within the right-of-way abutting a T3 Transect Zone. Sec. 39-34. Lorn+tatieRS w+thiR the -GGGE)R t GFE)ve sr,eGial PeRdi g d;StRcTReserved. City of Miami Page 3 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 -r, 1 • • • • 1 City of Miami Page 4 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 by the fFaRGhosee. .. City of Miami Page 5 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 City of Miami Page 6 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 R,:TSTSll�:L11 :T7R- R1L!T�7 PS7A 7A. T.T. -!- Fe � � 00 Af the �C" 4 0 . pe4n�� 00 .M -.2 M.. 2 N111111".".= -110 •• •�• •• City of Miami Page 7 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File 0: 7632 Enactment Number: 13947 Sec. 39-36. L imotatiGR6 Within rectal FaRt aFGade VeRdiRg ZGR Reserved. City of Miami Page 8 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 City of Miami Page 9 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 f The Gi+\ and OtSRGt be-rcSPvnrnraihle G#iicerstand nIn\,eeS shall estal r�rarnrt n arnarJe 7nne r•mmpnnents relnr•aterJ rJi irinn emernennies n to and made part of the permit h. The shall 6ise ar-tipp te ass -re that —;e Af the sidewalk Op Ap per.mittee pesitive way interferes \eiith sidewalk i isers nr limits their free 1 innhstn anted passage appearaRne at all times aR d the area shall be nlearerd of all rdebris GFI a r\erierlin basis rdi r the day, aFIGI again at the nlese eF eanh hi isir\ess day. 1FOR Fight of this shall Ret the of i mbrellas GaY 4y pFehihit Way; use legetypes rlelniered to the rlirenter Within 24 heirs; Gerr\meFIGerr\e FIt City of Miami Page 10 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 is insi iffinient 1 inrJer evicting nirni 1mstanges anr7 represents a danger to the safety, nr general welfare of pedestrians nr �iehiri filer traffin s;utiens Af this art+sle Ar r-Apdoitiens; Af ihealth, 0 4. The-permittee ;as failed- to rue-Fresty his/her permityVithin three days of reneipt of the rdirentnr"s nntine of came rdeliVererJ in WFiting to the permittee aGtlens-tspFGh;ht ViAWt+ens #,m 5. Thepermittee;as failed- to takepes+t+ve reG61F" - 6. Thehas#teed- temakee med-ifiruatiaps VvithiRthreedaysef Fesempt Of permittee the direntnr's Amine of came rde1014ererd in WFiting to the permittee Ye$ta IF;;;At ar"racAde VeRdiRg ZZeRe may he 7. P''Sh"carty ;;Ad GtheF VeStigel; Af thtQ remeyerd by the rdepartmept of resilienne fee "gigged for Dabney traRspertatiGR, anrd pi lblin werks and a reasnnahle 0 she ild the permittee fail to remn�ie the items Veiithin 462 hni firs of reneipt of the d_ irentnr'c final Amine to rdn 6e for anyr eaSGn pn-p FGVided fn�vi this�tir__le If the ag+inn is taken teaser! raei- nn si ihser+tinn /7\a 2 er (7)a Q the ar+tinn shall her+nme effer+tiVe i Ipnn the rese+1M of 66IGh RQ and- thepe4nittee shall ha fie fni it hni firs to remnVe the City of Miami Page 11 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 Sec. 39-37. I .Omit;+inAc nii+hin Miami 4rona Special V eRdiRg rlic+ri`++ Reserved City of Miami Page 12 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 �/1:T.1677AfE7'.tIS�7T7 7T51�1:T-7 TAfRtL1T.l7TT�G7n/1:T.11:T.'r:1rS7'/SSYG'1rS7S}rS7Nl�:L11�'.T-��1. -tG 00A. (2000), as arneRded, Af thtQ 1;p;;r-k feed type, OR sealed bags ■_ �. ■_ me WIN ■. a1w. BROWN I al "I �. WA�VF-VEWC. 1. MO., City of Miami Page 13 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 I - will City of Miami Page 14 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 00 600 00 . .. )Q G. the first day of eaGh ITIGAth .. O. City of Miami Page 15 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 Ile 'R Il- ie-C2 City of Miami Page 16 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 OWN W- ■ WOMAN I City of Miami Page 17 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 Sec. 39-41. - Size requirements for vending stands. No stand shall exceed three feet min width and six feet in length and five feet in height exclusive of the height of umbrellas, canopies, and similar devices, except that stands within the Downtown Miami special vending district shall not exceed three and one half feet (35) in width. Canopies and umbrellas shall have a minimum seven -foot clearance above ground level. *„ 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 immediately upon final reading and adoption thereof.2 2 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 Page 18 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020 File ID: 7632 Enactment Number: 13947 APPROVED AS TO FORM AND CORRECTNESS: r r ria i dez, C oty Attor iey 9/15/2020 ria i dez, ity ttor ey 10/22/2020 r ria i dez, C ity Attor iey 11124/2020 City of Miami Page 19 of 19 File ID: 7632 (Revision: 8) Printed on: 1212812020