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Home My WebLink AboutO-10660J-89-970 10/12/89 ORDINANCE NO. 10660 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, RELATING TO SIDEWALK AND STREET VENDING; AMENDING CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY PROVIDING DEFINITIONS; ESTABLISHING A NEW "CIVIC CENTER SPECIAL VENDING DISTRICT" FOR THE AREA AROUND THE NORTHWEST 12TH STREET METRO JUSTICE BUILDING (MORE PARTICULARLY DESCRIBED HEREIN); ADDING A NEW SECTION 39-17.2 ENTITLED "LIMITATIONS WITHIN THE CIVIC CENTER SPECIAL VENDING DISTRICT"; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR ESTABLISHMENT OF VENDING ZONES; PROVIDING LIMITATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY 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 restrictions in order to ensure the ability of all members of the public to use the streets and sidewalks as a public right-of-way; and WHEREAS, the large numbers of pedestrians utilizing walkways around the subject area's Metro Justice Building, Metro -Dade Police Department, Dade County Health Department, Dade County Correction facilities, hospital, and rehabilitation facilities require that the Civic Center area's undersized sidewalks be secure from encroachments that endanger pedestrians; and WHEREAS, the presence of a principal court facility and several major health and rehabilitation facilities in the subject area attract large numbers of disabled individuals utilizing wheelchairs; and WHEREAS, the presence on Northwest 14th Street of the Health Department, Hospital, and several facilities for treatment of the disabled, have resulted in a need for special vigilance to keep the sidewalks around said facilities open for the uncommonly heavy wheelchair traffic; and 10660 i r! 5' WHEREAS, the regulations contained in this ordinance do not prohibit pure speech, but merely regulate commercial activities of public right-of-way; and WHEREAS, the City Commission after careful consideration of i this matter, deems it advisable and in the best interest of the i general welfare of the City of Miami and its inhabitants to grant this amendment as hereinafter set forth; j NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Article II, entitled "Sidewalk and Street Vendors", of Chapter 39 of the Code of the City of Miami, is hereby amended as follows:l "CHAPTER 39 PEDDLERS, VENDORS, ITINERANT MANUFACTURES, LOCKSMITHS AND TOOL GRINDERS ARTICLE II. SIDEWALK AND STREET VENDORS Sec. 39-11. Definitions. For the purposes of this article: 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. Coconut Grove Special Vending District is defined as. . . . Food is defined as. . . . to conduct vendinjEof Miami, Vending. . . . Vendor Location is defined as a sidewalk area, within a vending zone. which has been selected and identified by the Public Works Department as the specific vendor sites) at which all vending in that zone shall occur. 1Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. Remaining provisions remain unchanged. Asterisks indicate omitted and unchanged material. -2- 10660 Vendor. . . . Sec. 39-16. Vending Prohibited in Certain Locations. Vending is prohibited in the following locations: (1) Within a restricted vending district and the Coconut Grove and Civic Center Special Vending Districts, except within designated vending zones of said districts. (4) On any combination sidewalk and curb Width less than six (6) feet in width. Sec. 39-17. Limitations within restricted vending districts. Sec. 39-17.1 Limitations within the Coconut Grove Special Vending District. Sec. 39-17.2. Limitations Within the Civic Center Special Vending District. RA -Mayan- . - (1) No merchandise shall be vended or displayed other than food and fresh out flowers. 102 (a) Location of Vending Zones - Vending shall be prohibited in the Civic Center Special Vending District except within the sidewalk areas generally designated on the Department of Public Works using the standards and criteria contained in this Article. Vending Zones and Vendor Locations may be deleted by the Director of the Department of Public Works upon a finding_ that the existence of such zone or location creates an obstruction to pedestrian or vehicular traffic, or otherwise creates a threat to the public health, safety. or general welfare. Additional locations may be approved by the Director of the Department of Public Works upon a finding that such vending -3- 10660 V: r i' area. and o-th rwise satisfies all 32r�ovisions applicable of regulations. this Article and other (b) Limitations i. There shall within vending be no more zones than one L1) vendor permitted to operate from each vending location and said vendor may not move from location j to location on the same ay. .ap-proximate permitted pushcart the size and -of ahall one --be blearlymarked on - sidewalk shall (8) Open flame cooking shall not be permitted Section 2. That all laws, or parts of laws in conflict herewith are hereby repealed insofar as they are in oonflict. Section 3. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. Section 4. The recitals contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth verbatim in this Section. Section 5. This ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the -4- IOGGO i- preservation of peace, health, safety, and property of the City of Miami. Section 6. The requirement of reading this Ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the City Commission. Section 7. The provisions of this ordinance shall become effective upon adoption thereof. PASSED AND ADOPTED this 12th day of ctober 1989. XAVIER L. SU Z, MAYOR T ATTY HIRAI City Clerk PREPARED AND APPROVED BY: il� (;3, )-.Jl vt,) f-d 'JOEL E . MAXWELL / '/CH EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS A J04GE L. FER ANDEZ CITY ATTORNE JEM/db/ebr/M551 R 96'M 10660 Zz L� CIVIC CENTER —Special Vending 131st riot ■�„r,,.a, VENDING PROMB1TEO rrrsnurrrrusrrrerr: VENDING ZONES CONTAIAlING VENDING LOCATIONS 0 CITY OF MIAMI, FLORIDA 56 1 _,: INTER -OFFICE MEMORANDUM r Cesar Odio 1,012 SEP 2G September 24, 1989 TO; City Manager DATE: FILE: SUeJEcr!HOT DOG VENDORS CONTROVERSY" ` FROM. REFERENCES: Miller J. Dawkins City Commissioner ENCLOSURES: Mr. and Mrs. Dennis Chapman came in to see me regarding the "Hot Dog Vendors Controversy." Please have someone research the issue and be prepared to at the October 12, 1989 Commission Meeting, to explain to me and the other Commissioners, why is it that the Chapmans are having problems. Why the Chapmans cannot receive the same treatment as was given to Waldo Faula. y 0S6- 1062GO I 01 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 Sookie 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. 10660 x x x In the ......................................... Court, was published In said newspaper In the Issues of Oct. 18, 1989 Affiant further says that the said Miami Review is a newspeper published at Miami in said Dade County, Florida, and thhat the said newspaper has heretofore been continuously gablishod in said Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and bras been entered as second class mail matter at the post office in Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any persorA firm or corporation any discount, rebate, commission or relU d for the purpose of securing this advertisement for publliPlon In therld newspaper. / AA �V T A$ y ':�:A f*tary Puh (SEAL) U130 /n� My Commissl0 F11iffr .4jj%t &db,..,1or.,enn e this 9 ...$ � rupjerbeyA sdp qqy Flor}}�Ca at Large L7 (yl � ;w rCD to N (Z) Y