HomeMy WebLinkAboutO-10693S
J-89--980
11/2/89 010693
ORDINANCE N0.
AN ORDINANCE AMENDING CHAPTER 54,
ARTICLE VI, ENTITLED "SIDEWALK CAFES", OF
THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY MAKING THE FOLLOWING
MODIFICATIONS: EXPANDING THE BRICKELL
AREA CAFE ZONE; FURTHER, IN REGARD TO
SUCH ZONES GENERALLY BY REVISING THE
PERMIT FEE; MAKING CORRECTION TO THE
STANDARDS AND CRITERIA; ADDING A
RESTRICTION AGAINST THE GENERATION OF
LOUD NOISE AS A FORM AND CONDITION OF THE
PERMIT; PROVIDING FOR A TEMPORARY
SUSPENSION OF A PERMIT FOR CAUSE;
REINSTATEMENT OF A SUSPENDED OR REVOKED
PERMIT BY THE DIRECTOR OF PUBLIC WORKS
UNDER SPECIFIC CONDITIONS; AND
ESTABLISHING A MINIMUM TIME PERIOD FOR
RE -APPLICATION AFTER REVOCATION; MORE
PARTICULARLY BY AMENDING SECTIONS 54-109,
54-111, 54-114, 54-116, 54-117 AND
54-118; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
WHEREAS, the primary purpose of the public streets and
sidewalks is for use by vehicular and pedestrian traffic; and
WHEREAS, the placement of tables and chairs within the
public right-of-way was authorized by the City Commission by the
passage of Ordinance No. 9848, adopted June 14, 1984; and
WHEREAS, modifications to Article VI of Section 54 of the
City Code are required to further protect the health, safety and
welfare of the citizenry of the City of Miami, Florida; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
this amendment as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
O1Q693
LO
Section 1. Sections 54-109, 54-111, 54-114, 54-116,
54-117 and 54-118 of the Code of the City of Miami, Florida, as
amended, are hereby amended in the following particulars: I/
"Sec. 54-109. Definitions.
Cafe Zones means:
TOM, R I
I, -
"Sec. 54-111. Permit fee.
The annual permit fee for establishing or maintaining
a sidewalk cafe shall be twenty
dollars ($20.00)per square foot of usable sidewalk
area, as determined by the department of public works."
"Sec. 54-114. Standards and criteria for application
review.
The following standards and criteria shall be used in
reviewing the drawing required in section 54-112(a)(6):
(1) Sidewalk cafes are restricted to the sidewalk
frontage of the licensed restaurant or food
service establishment to which the permit is
issued; or within the contiguous sidewalk frontage
of the building where the licensed restaurant or
food service establishment is located, provided
that written approval is supplied by the building
owner and any affected lessee.
4_ i- No portion of a table, chair, umbrella or awning
shall extend into the 6 foot pedestrian path."
"Sec. 54-116. Form and conditions of permit.
The permit shall be issued on a form deemed suitable
by the director. In addition to naming the permittee
and any other information deemed appropriate by the
director, the permit shall contain the following
conditions:
(17) The issuance of a sidewalk cafe permit does not
grant or infer vested rights to use of the
1/ 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.
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No ent�rtainment or sound spe!2kers shall be placed
within or adjacent to the right-of-way in a manner
which causes persons to accumulate and obstruct
the-vedestrian path,"
"Sec. 54-117. Denial, revocation or suspension of
permit; removal and storage fees;
emergencies.
(a) The director may deny, revoke, or suspend a permit
for any sidewalk cafe authorized in the city if it
is found that:
43 -
The permittee has failed to make modifications
within three (3) days of receipt of the director's
notice of same delivered in writing to the
permittee.
-(-5t _(_4 Tables, chairs and other vestiges of said
sidewalk cafe may be removed by the department of
public works, and a reasonable fee charged for
labor, transportation, and storage, should the
permittee fail to remove said items within thirty-
six (36) hours of receipt of the director's final
notice to do so for any reason provided for under
this article. If the action is taken based on
subsection (a)(2) or (3) of this section, the
action shall become effective upon the receipt of
such notice and the permittee shall have four (.A.)
hours to remove said items.
"Sec. 54-118. Appeals.
4j A permit which has been suspended or revoked
pursuant to Section 54-117(1). (2) or (4) may be
reinstated by the director of the department of
public works at such time as the permittee has
demonstrated that the violation has been corrected
to the satisfaction of the department of public
works.
4ge! A new permit shall not be issued or an existing
permit shall not be reinstated for a minimum
period of six (6) months after said issuance or
reinstatement has been denied by the director of
public works, or in the event of an appeal, by the
City Commission."
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with provisions of this
Ordinance are hereby repealed.
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Section 3. If any section, part of 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 30 days
after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this 7th day
of December 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this llth day of January , 1990:
CITY CLERK
SUBMITTED BY: > i
/5/ �u-t�J®r•p fr1 - 0� It 1�
LUIS A PRIETO-PORTAR, Ph.D., P.E.
DIRECTOR OF PUBLIC WORKS
APPROVED AS TO FORM AND CORRECTNESS:
1 A hA /
JO7-.
ERNANDEZ
CINEY
GP9
XAVIER L. SUA E , MAY R
-4- 01.0 93
CITY OF MIAMI, FLORIDA
14
INTEROFFICE MEMORANDUM
Honorable Mayor and Members NOV ���9
roof the City Commission DATE: � FILE:
Ordinance Amending Sidewalk.
,., SUBJECT : Cafe Ordinance No. 9848
FROM : REFERENCES:
Cesar H. Odi
City M a n a g e r ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached ordinance amending the Sidewalk Cafe Ordinance No. 9848,
which modifies -:-the Brickell area cafe zone; revises the permit fee;
restricts unnecessary noise; provides for suspensions and
reinstatements; and revises and establishes conditions for the
procurement of a sidewalk cafe permit.
BACKGROUND
The Department of Public Works has determined that there exists a
need to revise and amend the sidewalk cafe ordinance by including
certain changes and make certain clarifications that were not
included or contemplated in the original ordinance.
As a result of recent violations, it has become clear that the
sidewalk cafe ordinance, in its present form, contains certain
sections that require clarification. Some of these include certain
duties and prerrogatives of the department of public works that
have not been previously defined, such as powers to revoke, suspend
and r'iinstate a permit; establish minimum conditions; and provide
for a minimum period of time between denial of a permit and
reapplication.
Ordinance attached
010693'
t
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 daily
(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. 10693
X X X
Inthe ......................................... Court,
was published in said newspaper in the Issues of
January 23, 1990
Afflont further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published In said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami In sold
Dade Cpu Florida, for a period of one year next preceding
the fir
?Flora,
the attached copy of advertisement; and
afflant furl r says that she has neither paid nor promised any
person fir or corporation any discount, rebate, commission
or refu for the p r ose of securing this advertisement for
publics n in the s newspapeer.. /) Do -
CITY OF 14MIAM1, FLORIDA
LEGAL NOTICE
All Interested persona will take notice that on the"11th day of
January, 1990; the City CoMrhisslon of MIaml, Florida, adopted they
following titled ordinances:
ORDINANCE NO.1068i
AN EMERGENCY ORDINANCE, WITH ATTACHMENT,
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTW
TLED: "MIAMI COMPREHENSIVE NEIGHBORHOOD
PLANILAND DEVELOPMENT REGULATIONS: FY'89.90;
APPROPRIATING FUNOS-,FOR ITS OPERATION IN THE
AMOUNT OF $216.41 ?.COMPOSED OF $216 417 FROM
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD FROM THE FLORIDA DEPARTMENT OF ,
COMMUNITY AFFAIRS TO -ASSIST THE "CITY;' IN
PREPARING OR MODIFYING LOCAL LAND DEVELOP.
MENT REGULATIONS AND 'AUTHORIZING,THE^CITY ,
MANAGER .TO ENTER INTO AND EXECUTE",THE
NECESSARY.AGREEMENT(S), IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
ORDINANCE NO.10688
AN ORDINANCE AMENDING CHAPTER 38.OF,THE 'CODE
OF THE,CITY OF MIAMI,'.FLORIDA,.AS AMENDED, BY
AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST OR ITS EXECUTIVE DIRECTOR TO PERMIT, WITH
CERTAIN EXCEPTIONS, THE SALE OR DISPENSING OF',
ALCOHOLIC BEVERAGES; INCLUDING BEER AND WINE;.,.'
IN SOFT. CONTAINERS INTHE AND MILDRED
PEPPER BAYFRONT PARK; SUBJECT TO COMPLIANCE,-,
WITH ALL APPLICABLE STATE AND LOCAL
REGULATIONS; MORE PARTICULARLY, BY CREATING A
NEW CODE SECTION 38.49.2; CONTAINING A REPEALER:;;;;`
PROVISION AND A SEVERABILITY.CLAUSE.
ORDINANCE NO.106819
AN ORDINANCE' ESTABLISHING A NEW SPECIAL, >
REVENUE FUND ENTITLED; "DADE. COUNTY EMS GRANT.
AWARD (FY'89)'`; APPROPRIATING FUNDS FOR:THE
OPERATION OF SAME IN -THE AMOUNT,, Of` $283,997,
CONSISTING OF A $283,9W0RANT APPORTIONED BY
METROPOLITAN DADE COUNTY FROM THE STATE OF
FLORIDA'DEPARTMENT OF HEALTH AND:R£HABILITA-
TIVE SERVICES UNDER THE "FLORIDA EMERGENCY
MEDICAL SERVICES GRANT PROGRAM. FOR, COUNTIES"
AND FURTHER AUTHORIZING THE CITY: MANAGER TO
ACCEPT THE AFOREMENTIONED GRANT, AWARD AND
ENTER INTO THE NECESSARY CONTRACT.'ANOIO.R
AGREEMENT WITH THE;FLORIDA DEPARTMENT`OF:'
HEALTHAND REHABILITATIVE SERVICES ;AND/OR
METROPOLITAN<DADE.'COUNTY;,•CONTAINING A
REPEALER PROVISION AND A SEVERABILITY; CLAUSE: ; .-
ORDINANCE NO.10690
AN ORDINANCE AMENDING SECTION,1 OF ORDINANCE
NO. 10642, THE CAPITAL IMPROVEMENT `APPROPRIA-
TIONS ORDINANCE BY INCREASING THE TOTAL
APPROPRIATIONS TO THE CAPITAL PROJECT,: ENTITLED
"SOLID WASTE COLLECTION EQUIPMENT-FY'90•FY'91",
PROJECT NO 353010 BY $750,000,00, SAID; AMOUNT
BEING AVAILABLE FROM THE CERTIFICATE OF
PARTICIPATION (C,O.P.); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10691
AN ORDINANCE ESTABLISHING THE GOAL OF THE
MIAMI CITY COMMISSION OF MAINTAINING THE SEP-
TEMBER'30, 1989 FUNDBALANCE OF THE GENERAL'
FUND IN AN AMOUNT WHICH COULD NOT BE LESS
THAN48,000,000 BUT COULD BE MORE DEPENDING ON
THE FINAL ACCOUNTING STATEMENT FOR FISCAL
YEAR' ENDING SEPTEMBER 30, 1989 AND REQUIRING
THAT A SEPARATE ACCOUNT BE ESTABLISHED' IN
WHICH SAID FUND BALANCE IS TO BE 'DEPOSITED
ALONG WITH ANY INTEREST EARNED BY THE FUNDS
IN THE ACCOUNT; FURTHER INCREASING FUTURE
YEAR ENDING FUND BALANCES IN THE ACCOUNT BY
A MINIMUM OF $1,000,000 PER FISCAL YEAR FOR THE
NEXT FOUR YEARS, WITH THE MINIMUM BALANCE IN
THE ACCOUNT INCREASING .TO rA MINIMUM OF
$10,000,000 BY THE END OF SUCH`,TERM; FURTHER
INSTRUCTING THE CITY MANAGER TO TAKE THE
NECESSARY ACTIONS TO ACHIEVE SAID GOAL; FUR-
THER PROVIDING THAT THE SAID MONIES IN SAID
ACCOUNT SHALL NOT BE. THE SUBJECT OF APPRO-
PRIATIONS UNLESS THERE IS A FAVORABLE VOTE OF
415TH OF THE CITY COMMISSION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.'
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ORDINANCE NO, 10692
AN ORDINANCE. ESTABLISHING ANEW SPECIAL
REVENUE FUND ENTITLED: "DHRS NEW REFUGEE
EMPLOYMENT AND TRAINING PROGRAM (FY'90)" FUR.
THER AUTHORIZING THE CITY MANAGER TO ACCEPT
A GRANT AWARD. FROM THE DEPARTMENT OF HEALTH
;EMPLOYMF T;'AND T.AA1N'ING CONSORTIUM;
CONTAINING A'REPEALER PROVISION AND A SEVER.
• ABILITY CLAUSE;;,
ORDINANCE 40.10895
AN O D NANCE AMENDING CHAPTERW*A,kICLE VI.
iNffTLEO "SIDEWALI( CAFES", OF THE CODE'OF THE
.:CITY .OF'-MIAMI, FLORIDA; AS AMENDED, BY,MAKING
':.THE FOLLOWING MODIFICATIONS: EXPANDING THE
BRICKELL' AREA CAFE ZONE; FURTHER, IN REGARD
" TO SUCH ZONES GENERALLY BY REVISING THE PERMIT
1 IcE;1V1AKINCi.CORRE0TI0N TO THESTANDARDS AND
CRITERIA; -ADDING A RESTRICTION AGAINST THE GEN,
ERATIOt� OF; LOUD NOISE AS A FORM AND CONDITION
OP'THIE PERMIT; PROVIDING FOR A TEMPORARY SUS-
PENSION OF,* PERMIT FOR ;CAUSE; REINSTATEMENT
=OF A SUSIRENDED,OR REVOKED PERMIT BY THE DIREC
TOR OF, BLI PUC:WORK'S UNDER SPECIFIC CONDITIONS;
i;AND ESTABLiSNtNG A ,MINIMUM: •TIME PERIOD FOR
REAPPLICATION" AFTER REVOCATION; MORE
PARTICULARLY BY AMENDING SECTIONS 54.109, 54.111,
64.114,,•54.118; 64.117AND 64.118; CONTAINING A
,REPEALER PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE NO.10694
AN ORDINANCE AMENDING SECTION 38-SOF THE CODE
OF'THE:CITY, OF MIAMI, FLORIDA, AS AMENDED, BY
INCREASING. EXISTINGRATES' FOR THE USE OF DES-
IGNATED AREAS'` AT`THE•MANUEL ARTIME COMMUNITY
,CENTER. ESTABLISHING RATES FOR THE USE OF THE
MINI-PLAZA-AND;MINI•PARK-AND AUTHORIZING
`APPROVAL OF SPECIAL RATES AND FEE WAIVERS BY
THE CITY COMMISSION AT SAID CENTER FACILITIES;
'REVaSING THE INSURANCE, REQUIREMENTS;
RENAMING THE LARGE, AUDITORIUM OF.BUILDING "A"
AS THE MANUEL ARTIME PERFORMING ARTS CENTER;
'CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY. CLAUSE;- "
ORDINANCE NO,16695
AN ORDINANCE .AMENDINGSECTION .53.151 OF THE
CODE OF•THE CITY OF MIAMI, FLORIDA, AS AMENDED,
WHICH PERTAINS TO PROCEDURES AND USER FEES
AT THE COCONUT GROVE, EXHIBITION CENTER BY
CHANGING` FEES WHICH. ARE DETERMINED BY THE
TYPt',O# EVENT BEING HELD; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
' ORDINANCE NO.,10696
AN ORDINANCE AMENDING; SECTION 37.71 OF THE
CODEOF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED. "OPEN AND VACANT STRUCTURES," BY
PROVIDING -FOR ACCEPTABLE METHODS OF SECUR-
ING AND SEALING VACANT. STRUCTURES; CONTAINING
"A REPEALER PROVISION AND A SEVERABILITY CLAUSE,
ORDINANCE NO.10697
", ,''AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
10819,; ADOPTED'JULY 27, 1989, BY INCREASING THE
" `APPROPRIATION .TO THE ;SPECIAL REVENUE FUND
ENTITLE13 "JTPkjtTLE,.11OLDER' WORKER (FY'90)" BY
$8,360,';THEREBY.INCREASING.THE APPROPRIATION
FOR SAID SPECIAL'REVENUE' FUND TO $18,615; ALSO
INCREASING :THE APPROPRIATION.TO:THE SPECIAL
,REVENUE FUND ENTITLED "JTPA TITLE IIAINEIGHBOR
HOODSJOBS PROGRAM (FY'90)'.BY $42,321, THEREBY
;'INCREASING THE APPROPRIATION FOR SAID SPECIAL
`..REVENUE FUND. TO:!$366,834 FOR THE OPERATION _OF
THE NEIGHBORHOODS JOBS PROGRAM.
ORDINANCE NO,10698
AN ORDINANCE AMENDING SECTIONS 1, 3.4 AND 5 OF
ORDINANCE NO. 10848, THE ANNUAL APPROPRIATIONS. •
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBFRLI
30, 19M' ADOPTED SEPTEM13EA 28, 1989, BY CREATING
A NEW SECTION 2.1, DEBT SERVICE FUND, FOR THE
PURPOSE OF FORMALIZING CITY COMMISSION
ACTIONS AND IMPLEMENTING OTHER AMENDATORY
CHANGES; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
ORDINANCE NO.10609
AN EMERGENCY ORDINANCE AMENDING SECTION 1
OF ORDINANCE NO. 10642, AS AMENDED. THE CAPI-
TAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY `.
ESTABLISHING A NEW CAPITAL' IMPROVEMENT '
PROJECT ENTITLED "CITY-WIDE TELEPHONE SYSTEM",
PROJECT NUMBER 311021 IN THE TOTAL AMOUNT OF ,
$1,339,900,00; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE,
ORDINANCE NO. 10700
AN ORDINANCE AMENDING'ORDINANCE`10644, AS
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBOR-
HOOD PLAN 1989.2000, BY AMENDING THE DEFINITION
OF THE LAND USE ELEMENT TO REFINE THE DEFINI-
TIONS OF RESIDENTIAL, OFFICE, AND INDUSTRIAL; AND
AMENDING THE HOUSING ELEMENT OBJECTIVE 1.3
AND POLICY 1.3.4 AND DELETING POLICY 1.3.5 IT
PERTAINS TO COMMUNITY BASED RESIDENTIAL FACIL-
ITIES, ADULT CONGREGATE LIVING FACILITIES, FAM-
ILY HOMES AND FAMILY GROUP AND GROUP. HOMES;
AND CORRECTING SCRIVENER'S ERROR; INSTRUCTING
THE CITY CLERK TO TRANSMIT THIS. ORDINANCE TO
THE FLORIDA DEPARTMENT:OF COMMUNITY AFFAIRS;
CONTAINING A REPEALER PROVISION SEVERABILITY
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO.10701
AN ORDINANCE. WITH ATTACHMENT, AMENDING
ORDINANCE..10544, AS AMENDED, THE MIAMI COMPRE-
HENSIVE NEIGHBORHOOD PLAN 1989.2000, DRAINAGE
SUB -ELEMENT, POLICY NO. 2.1.3 BY SPECIFYING
WHICH STORM SEWERS IN THE CITY WILL'BE
DESIGNED FOR A ONE -IN -FIVE-YEAR EVENT -AND
ESTABLISHING A SPECIFIC LEVEL OF SERVICE (LOS)
STANDARD FOR THE REMAINDER OF THE STORM SEW-
ERS; COASTAL MANAGEMENT SUB -ELEMENT, POLICY
4.1.2, DEFINING AND DESIGNATING THE COASTAL HIGH
HAZARD' AREA WITHIN THE CITY.OF MIAMI; AND
ADOPTING CONSISTENT LEVEL OF SERVICE STAND-
ARDS IN BOTH THE DRAINAGE SUB -ELEMENT AND
POLICY NO. 1.2.3(4) OF THE CAPITAL IMPROVEMENTS
ELEMENT; 'DIRECTING TRANSMISSION TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING
A REPEALER PROVISION SEVERABILITY CLAUSE AND
EFFECTIVE DATE.
Said ordinances may, 'be Inspected by the public at the Office of
the City Clerk, 3500. Pan American Drive, Miami, -.Florida, Monday
through, Friday, excluding holidayd, between the hours -of 800 "
a.m, and 5:00 p.m.
(6251•)
MATTY HIRAI
a „ ; CITY CLERK
MIAMI, F. LORIDA.
1123 904412391 M
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