HomeMy WebLinkAboutItem #66.1 - Discussion Item(
��91.295
6/30/91
IC
ORDINANCE NO.
z
AN EMMtNCY ORDINANCE, WITH ATTACHMENTS,
RELATING TO SIDEWALK AND STREET VENbl"01
AMENDING CHAPTER 39 OF THE CODE OF THE CITY
OF MIAMI, MAZDA# A5 AMENDED, BY CLARIFYING
INTENT.AND ESTABLISHING A NEW "MIAMI ARENA
SPECIAL VENDING DISTRICT" FOR THE AREA AROUND
THE MIAMI ARENA (MORE PARTICULARLY DESCRIBED
HtAtIN)r PROVIDING DEFINITIONSI ADDING A NEW
SECTION 39-17.4 ENTITLED "LIMITATIONS WITHIN
THE MIAMI ARENA SPL"CIAL VENDING DISTRICT"t
PROVIDING FOR HOURS OF OPERATION, MERCHANDISE
TO BE SOLD, ESTABLISHMENT OF VENDING EONES,
AND LIMITATIONS; FURTHER, AMENDING SECTION
39-16.1 OPEN FLAME COOXING PROVISIONS AND
ADDING A NEW SECTION 39-18.2 CONDITIONALLY
PROHIBITING GENERAL OPEN FLAME USE CITYWIDE
BY VENDORS; SUBJECT TO 90 DAY REVIEW;
CONTAINING A REPEALER PROVISION AND A
SEVERASILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the primary purpose of the public streets and
#
sidewalks is for use by vehicular and pedestrian traffic; and —
WHEREAS, reasonable regulation of street and sidewalk
vending is necessary to protect the public health, safety and
welfare; and
WHEREAS, vendors are subject to reasonable restrictionsin
order to ensure the ability of all members of the public to use
the streets and sidewalks as public rights -of -way; and
WHEREAS, the City of Miami is vested with the responsibility
to protect the health, safety and welfare of its citizens and
visitors; and
WHEREAS, the Miami Arena (*Arena") -,regularly houses large-
scale events; and
WHEREAS, said'events
'regularly
attain public
attendance in
excess of 10,000 persons;
and often
as many as`16,000
persons,
which creates significant
impediments
to.vRhicular
and pedestrian,
traffic circulations and
ay
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VNEREAd, existing sidewalks and accessways in the vicinity
of the Arena are sufficient for normal, daily circulation but are
severely congested on event days= and
WHEREAS# the. aisable attendance at said events also acts as =�
a magnet for street vendors= and
WHEREAS, acid circulation` problems are particularly
exacerbated by the influx of vendors into the areas immediately
l adjacent to the Arena; and
WHEREAS# vendor activity often blocks or seriously impedes
pedestrian flow to and from rapid transit and parking facilities
}
serving the Arena$ and
WHEREAS, vendor's pushcarts and stationary stands also
obstruct sidewalks, driveways and facility accessways, forcing
heavy pedestrian traffic onto adjacent streets, thus further
restricting vehicular flow; and
i
WHEREAS,_ said vendors despoil the immediate surrounding
areas of the Arena and transportation facilities through the
a
'discarding of refuse associated with their activity, and
WHEREAS, vendor stands are regularly dropped off on site
prior to an event without means of removal should an emergency
Arise; and
-WHEREAS, the Arena is located in the heart of the Miami
Overtown/Perk West Redevelopment District, adjacent and otherwise
proximate to large new residential developments in said district;
and
"
WHEREAS, the proximity of an active railroad track and train.
r;
::traffic to: vendor activity and pedestrian traffic related to
Miami Arena events is inherently dangerous; and
{
;.
WHEREAS, unrestricted vendor activity aesthetically despoils
;
the Arena area and attendant transportation facilities and is
'counterproductive to the City's efforts to improve the
r,
Overtown/Park West area generally, and the Arena area
specifically;and
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eo itn . Art 11, entitled ASidewalk and
Street
Veof Ohaptbt 39 of the Code of the City of
Miami,
followstl/
'
r1brida, as amefided, is hereby amended as
,
"G1�A�TEi� 39
�E 3 L�AE i iiE3�Cf0A+�, ITINEii�►NT MANUf'1�1i TUREAS r
(
LOCKSMITHS AND TOOL CRINDEAS
Aiti'tCLE it. 91DEWAL% AND Sntft VENDORS
See. 39-11. Definitions.
i'or the purposes of this 8artielef
I
Licensee is•defined as `
Arena Spgriai Vendina D{str+et ;s definsd_as
�Lbt{c r+ohts�of+wtiw with~
«...•a .ire of Nort � e«►, ctreet on
/ V .■
Ehweikt
all
the
J
L
1
gywnue on the wes Northeast a+►d Avenue on t e east
a d o h ast/NorthKest,10th treat an the_ north.
Motor vehicle. -
A fia+ne is' defined as being a heat source which
flame or which prod"Cgs smoke
at
Sg„�+�*s of a visible
a2v me,
Restricted Vending District is defined. as.
$ie�1+t of way .ef '•,__d an ,_«a dedicer-d deeded. used
Qr to beused for a street atlev walxwa oulevAr
facitiAy access for ingress or caress
d.
or
dra;nsa Lanatka
/,tt+e.• nurse by the_.if
i.,�t�..iauat's or 'governing bodies.
Stand is defined as. . ..
' crr.at`as uses herei `includes anv!mary aeeesswa�t
■„eti as a st���T road lane Highway. avenues
cottrt,: terrace,
;_ ;+1 ae sac and also cludes 'nil of � the land `lying
��..Qe, •tee "r+aht•of way t snes as delineated
a
w
-
•
Tr -ten* of bxticis-
The .nrwnt of this Article 4s�reaulate vendiilQ
.,t,l Iv -owned arkina
«. ef�way.-and F
S?n.�straets, rich--- - - _
fiords and/or figures stricken thir{ottgh shall be
. deleted.
Remaining
Underscored words and/or;'figures';.shall_b*. added.
unchanged. Asterisks .and ellipses i:>dieal e
provisions~ remain
omitted and unchanged material.:,..
'� {fiita.�e��,.:�'kr 1_�:ltt►_2�:�
S WAS vs �h� t'1 thQ- CiSr�t'S�etl,
�9�1�+ Vehdin§ Prohibited in Certain Location#,
Secs
f
vendinl is prdhibited in the followinS locatioria:
1� Within a ,$ estr etod Mvending odist�riet,L
Civic Center
eh the Coconut CroveA+rrritl
Y� t a►{ �ha Special Vendiriq
Districts#
Zg 6xetpt within designated veridirig
tones of said districts.
Sec. i,is►itbtioha within restricted vending'
districts.
j
No trending shall be permitted ..
cei Vending peones shall be limited to no
percent of the linear
ten (10) p
r.
more than
of each block. Priority shall
frontage
be given to qualified areas near street
corners and major
building entrances.
%Seca 39-17.3: Limitations wZones. the Restaurant
Arcade Vending
*♦ t•.rtpns ttli.ti.�.. she Miami Arena
niatr t.
=Sec, 4y_17.4. is
{4
tF
'
. •enaPiJill Veiidi:a
.w:� �h M ami Arena Soee�wi VendifiQ'
',
xt
_ *o all rules and rem++lotions'
`4' - �� ,.shot t. be subiect _ zg-17 - e
D1ffSY.�, - cection +meet as
1 +dine -
ntrArAill o
j
z
t
., > ...
.. -h '+ i b vended or d� wnland
sons in -
� e„�t,t-.its` shall io loeeted in the#
.. t+nwnt sidewalk vesdins markinai .
fiir "the district. -
:. 'L3'1',, �..e.,■e for ;more than ons ..
: i al
1
• �..+-t in the herein district.
„ Y$^�' i.+e tones . -
.. `
'
.risn of Vending toneu - Vending
#Hell be rohi bated t n the Miami
.ar.�.-----p { triCt ..
.
�eot from a soec yk
-
.:.,.. V;thin the sidwalk
,;
he�.rn as
attached -
s
ahics
•
_
dp
�
stanchions car eths &tat oIjJk ,_'__-&nt+tias
within.the__.tjght,aa�p .away.
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Sec. 39-18.1. Open -Flame Cooking.
Open flame cooking is prohibited; except that such
activity may take place as an integral part of a public
assembly as permitted-hy the Fire Rescue and Inspection
Services Department, or and in conjunction with a
street festival, as approved by City Commission
resolution. Said pgrmitted public assemblv,or street
festival exception shall be subject to the festival
toetiaIn 46 if any sseticn, part of this
paragraph, tia*sat phjrasa of ward
of
this
Ordinane*
is oeeiafOU
fnvaiid, the r visiona
of
this
Ordinance
*hail trot be