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Home My WebLink AboutO-10805a] J-90-761 10/25/90 ORDINANCE NO. 10805 AN EMERGENCY ORDINANCE AMENDING SECTION 39-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROHIBITING VENDING FOR A ONE-YEAR PERIOD ON THE FLAGLER STREET DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST FIRST AVENUE); CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the characteristics of narrow, crowded sidewalks containing several impediments to pedestrian travel like signs, street furniture, and planting areas that exist in Restricted Vending Districts, as defined in City Code, Section 39-11, require that special consideration be given to matters effecting public health, safety, and well-being; and WHEREAS, further limitations on vending within restricted vending districts beyond those presently contained in the City Code are required to ensure pedestrian health, safety, and well-being; and WHEREAS, the placement of amenities and pedestrian improvements such as landscaping, new lighting fixtures, flower pots, trash receptacles, signs, telephone booths, and the relocation of newspaper vending boxes that are part of the Flagler Street Demonstration Block Project will not leave sufficient space on the public right-of-way for the safe conduct of vending activities; and WHEREAS, the regulations contained herein are necessary to protect the aesthetic environment as well as the health, safety and welfare of the citizens of Miami; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 39-17 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following 10805 particulars:l/ "CHAPTER 39 Aft Peddlers, Vendors, Itinerant Manufacturers, Locksmiths and Tool Grinders. ARTICLE II. Sidewalk and Street Vendors. Sec. 39-17. Limitations within restricted vending districts. Vending within restricted vending districts shall be subject to all rules and regulations in this article, and in addition: (11) Vending shall be prohibited for one year (eebober 1, i989 October 25, 1990 through October 25, 1991) on the Flagler Street Demonstration Block (the north and south sides of Flagler Street between Miami Avenue and E. First Avenue). * it Section 2. All ordinances or parts of ordinances insofar as hey are inconsistent or in conflict with the provisions of this rdinance are hereby repealed. Section 3. If any section, part of this section, paragraph, Lause, phrase or word of this Ordinance is declared invalid, ie remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance is hereby declared to be an nergency measure on the grounds of urgent public need for the reservation of peace, health, safety, and property of the City E Miami. Section 5. The requirement of reading this Ordinance on two ?parate days is hereby dispensed with by an affirmative vote of )t less than four -fifths of the members of the City Commission. Section 6. This Ordinance shall become effective imediately upon its adoption. 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 10805 L2 ADOPTED this 25th day of October PASSED AND PREPARED AND APPROVED BY:� MAXWE L/ HI F ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS FWNANDEZ C C GE TY Y ATT?!!Y XAVIER L. -3- 10805 � .Cry c�t�.txtt °p�. MATTY HIRAI rW .M� 'Y� CESAR H. ODIO City Clerk ►- City Maniger c0_fIQQ�O December 3, 1990 Ms. Janet Reno State Attorney 1351 N.W. 12th Street Miami, FL 33125 Dear Ms. Reno: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 10797 10798 10800 10805 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CITY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 MATTY HIRAI City Clerk C�iILT 'af 'Miami L1 11 0 CESAR H. 01710 City Mandger a' ae O P 4�F�O.FIOQ`� December 3, 1990 Mrs. Amy Terese Smith Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mrs. Smith: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 10797 10798 10800 10805 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: as , DEPUTY CITY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 Opp, MATTY HIRAI 4jc.�tY CESAR H. ODIO City Mandger City Clerk O December 3, 1990 Mr. Robert L. Laslie Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Mr. Laslie: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 10797 10798 10800 10805 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Greenwood Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/City Hall/3500 Pan American Drive/P.O.Box 330708/Miami, Florida 33233-0708/(305) 579-6065 RECEIVED iIs sO N 0 V --6 n,� i r 2 MATTT` ? 4-T41 it I i CL ,tit MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10805 In the ........... X..X . X... . ................. Court, was published In said newspaper In the Issues of November 1, 1990 Afflant further says that the sold Miami Review Is a speper published at Miami In said Dade County, Florida, thhat the said newspaper has heretofore been continuously Ished In said Dade County, Florida each day (except relay, Sunday and Legal Holidays) and hes been entered as ind class mall matter at the post office in Miami in said a County Florida, for a period of one year next preceding fir blicatlon of the attached copy of advertisoment and n fur her soya that she has neither paid nor promlaerS any f or co oratlon any discount, rebate, commission un for the r Ise of securing this advertisement for on In the Id so Sworn to and subscribed before me this .. day C671-3•;Noyember , ... , A.0. t9....... s�,r•rs��' � .. � t ................ (SEAL) * r i A i k% "OFFICIAL NOTARY SEAL' CHERYL H. MARMER MY COMM. EXP. 4/12/02 CITY OF MIAMI, =L6 DA LEGAL NOtIOIR ' All interestedpersons will take notice thlst on the,25th day of October; 10W, the City Commission of Miami, Florida, adopted the following title, ordinances: 'ORDINANCE NO..101103, AN EMERGENCY ORDINANCE AMENDING 8ECTIONS 11,9 3; 4, AND 5 OF ORDINANCE NO. 10648 THE ANNUAL APPROPRIA• !; SER 30, iM,'ADbPTE11 SEPTEMDER 28, 1989, AS AMEN'DEb, .FOR THE PURPOSE OF IMPLEMENTING BUDGETARY,AWUST- MENTS;TO COMPLY WITH GENERALLY ACCEPTED ACCOUNT- ING PRINCIPLES 'AS OUTLINED BY THE°CtTY'S EXTERNAL AUDITORS; CONTAINING A REPEALER PROVISION AND, -A" $EVERABILITY CLAUSE. 'ORDINANCE NO.10M AN ORDINANCE.AMENDING.THE ZONING ATLAS OF ORbf- NANCE NO. 110001EFFECTIVE SEPTEMBER 4s 180, THE NEW • ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS • AMENDED, BY, CHANGING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT APPROXIMATELY 596.NORTHWE6T AM AVENUE AND 4961 NORTHWEST STH STREET,: MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), FROM s n.r, k- r_►uu v. e. .Etc MIAI lff 1n •nlint%V &AwTC,V Innl `. SITY RESIDENTIAL, (FOR 'APPROXIMATELY '596 NORTHWEST 419TH AVENUE) TO G1 RESTRICTED COMMERCIAL; BY MAKING FINDINGS; AND BY -MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 31 OF SAID- ZONING ATLAS; CONTAINING A REPEALER PROVISION ;ANO' SEVERABILITY•CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ';.ORDINANCE M0.1f>d05 , ; AN EMERGENCY OR6INA1NCE AMENDING SECTION 3917.OF THE CODE OF THE OITY t'R,MIAMI; FLORIDA AS AMENDED, BY PROHIBITING VENDING FQQR. A'ONEYEAR PERIOD _ON THE FSkiLAGLER STREET, DEMONSTRATION BLOCK (NORTH",ANO "&ff AGLJER STRkET,BETWEEN MIAMI AVENUE ANgjE{t.ST�FJRSTFAVENULAUg); CONTAINING A"REPEALER PPRO-'VISION, EVERAi� gTY.CSE, AND PROVIDING AN',EFFEC4 T1vE DAT� ti ORDINANCE NO. )iC'M: AN ORDINANCE AMENDING ORDINANCENO, 11060„}18 AMENDED, THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY AMENDING-THE'OFFICIAL,SCHEDULE OF `DISTRICT REGULATIONS AND ARTICLE 4 ZONING DISH TRICTS, R•2 TWO FAMILY RESIDENTIAL DISTRICT, PERMITTED PRINCIPAL USE. R•3 MULTI ,FAMILY •MEDIUM. DENSITY RESL DENTIAL,r CONDITIONAL PRINCIPAL USES, R-4 MULTI;FAMILY HIGH DENSITY. RESIDENTIAL, CONDITIONAL PRINCIPAL VSES,„ AND O.OFFICE, CONDITIONAL PRINCIPAL USES; TO CORRECT ERRORS, BY. REFINING DISTANCE REQUIREMENTS AND REFORMATTING OTHER REQUIREMENTS FOR COMMUNITY BASED RESIDENTIAL FACILITIES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, ,AND PROVIDING AN EFFECTIVE DATE., Said ordinances may be Inspected by the public at the Office of the City Clerk; 3500 Pan American: Drlve,�Miami; Florida, Monday through Friday; excluding holidays, between the hours of, 6.OQ a m :and 5:00 p.m. MATTY. HIRAI CITY CLERK MIAMI, FLORIDA (6320) 1111 90.4.110132M CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission FROM Cesar H. City Mana DATE : SEP 1 91990 FILE SUBJECT : Extension of Vending Prohibition Ordinance for Flagler Demo Block REFERENCES: For September City ENCJ.oSUREb omm i s s i o n Meeting Recommendation - It is respectfully requested and recommended that the City Commission adopt the attached emergency ordinance amending Article II Section 39-17(11) of the Code of the City of Miami to extend the prohibition of street vending on the Flagler Street Demonstration Block (Flagler Street between Miami Avenue and East First Avenue) for one additional year. Background In September 1988, the City Commission adopted Ordinance 10479 prohibiting vending on the Flagler Street Demonstration Block for one year (October 1, 1988 through September 30, 1989). On September '14, 1989, the City. Commission adopted Ordinance 10633 extending the prohibition of vending for an additional year. A one year extension on an emergency basis is being requested. Pedestrian movements have been un-impeded and litter problems minimal compared to the other blocks with vending. Construction of the new transit information booth will begin shortly, which will reduce available sidewalk space for ,vending. If the prohibition is not effective. prior to October 1, 1990, which is the beginning of the new vending license year, there maybe legal problems in removing vending during the year. In the mean time, the safe free 'flow of pedestrians within this heavily trafficked block would be jeopardised. 10805 CITY OF MIAM1, FLORIDA �O x DOWNTOWN DEVELOPMENT AUTHORITY 1818 One Biscayne Tower Miami. Flonda 33131 (3o5) 579.6675 M E M O R A N D U M TO: Cesar H. Odio C t y M a n a e'rs��`� FROM: Matthew D. Schwartz Executive Director RE: Extension of Ordinance Prohibition of Vending Flagler Street Demonstration Block The attached is an emergency ordinance to extend the prohibition of vending within the Flagler Street Demonstration Block (between Miami Avenue and East First Avenue). Please place this item on the next September Commission agenda. ORDINANCE N0. AN xxxxBNCY ORDINANCE AZCBNDING CHAPTER 159, ARTICLE 11. SECTION 59-17(11) OF THB CODE OF TH.B CITY OF YTAYI BY xxTENDING' THE PROHIBITION OAT YEN ING WITHIN TER gLAGLHR DIXORSTRATION BLOCK (NORTH AND SOUTH BIDES OF FLAGLER STREET BETWEEN YIAXI AVENUE AND EAST FIRST AVENUE) FOR ONE YEAR ► CONTAINING A REPRALHR PROVISION AND A SEVHRAHILITY CLAUSE. WHEREAS. the placement of amenities and pedestrian improvements like landsoaping, now lighting fixtures, flower pots, trash receptacles, signs, telephone booths, and the relocation of newspaper vending boxes that are part of the Flagler Street Demonstration Block Project gill not leave sufficient space on the public right-of-vay for the safe conduct of vending activities: and WHEREAS, by Ordinance No. 10479 adopted September 8. 1988, by the City Commission prohibited, for one year. vending on the Flagler Demonstration Block (North and South sides of Flagler Street betveen Miami Avenue and Bast First Avenue) in recognition of the above described space and safety considerations; and WHEREAS, the aforementioned prohibitions of vending• on the Flagler Demonstration Block, Which experienoes the most pedestrian movement of any block along Flagler Street, has proven successful in preventing impediments to safe, efficient pedestrian movement, damage to public improvements on the sidevalk, and the accumulation of dangerous, 'unsightly litter; . ,. TEEMS, physical improvements to the Flagler Demonstration Block, namely telephone booths and a transit information booth, are not completed, study of the safety and sesthetio effects of the vending prohibition should continue if the analysis is to be valid and useful; and 10805 10633 2 preservation of peaoe, health, safety► and property of ,the City of Kiami . Beotion 0. She requ.iresent of reading this Ordinanoe on tvo eeparate days is hereby diepenmed with by an affirmative vote of not less than four -fifths of the membero of the City Commission. Beotion O. She provisions of this Ordinanoe shall beooms effeotive upon adoption thereof. PASSED AND ADOPTED this 14th day of September 1989. ATr MATft HIRAI CITY CLMUE PREPARED AND APPROVED BY: � e"'j 'F ?I G., t�/ ZUET E . YAXW ELL 'JaLIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORE AND CORRECTNESS: JORGE L. FS RZ CITY ATTORNEY OM/db/Y838 ZANIER L. 1PARRE, XATOR 10805 -3-