HomeMy WebLinkAboutO-10499•a'
J-88-888
10/27/88
ORDINANCE NO. 1049-
AN EMERGENCY ORDINANCE AMENDING THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
CHAPTER 39, ARTICLE II, ENTITLED "SIDEWALK
AND STREET VENDORS," BY REQUIRING LIABILITY
INSURANCE AND INDEMNIFICATION; PROVIDING
DEFINITIONS; AMENDING DISTANCE AND TIME
LIMITATIONS RELATIVE TO VENDORS AND SCHOOLS;
FURTHER, ESTABLISHING A NEW "COCONUT GROVE
SPECIAL VENDING DISTRICT" FOR THE AREA
GENERALLY KNOWN AS THE COCONUT GROVE VILLAGE
CENTER (MORE PARTICULARLY DESCRIBED HEREIN);
ADDING A NEW SECTION 39-17.1 ENTITLED
"LIMITATIONS WITHIN THE COCONUT GROVE SPECIAL
VENDING DISTRICT"; RESTRICTING NUMBER OF
VENDOR CARTS AND ESTABLISHING PUSHCART DESIGN
CRITERIA AND REVIEW; ESTABLISHING SPECIFIC
VENDING ZONES; PROVIDING LIMITATIONS;
PROVIDING A GRACE PERIOD; 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, vending on the public streets and sidewalks
promotes the public interest by contributing to an active and
attractive pedestrian environment; and
WHEREAS, reasonable regulation of street and sidewalk
vending is necessary to protect the public health, safety, and
welfare; and
WHEREAS, vendors should be subject to reasonable
restrictions in order to protect the public interest to use the
streets and sidewalks as a public right-of-way; and
WHEREAS, the large numbers of people utilizing walkways
within the Coconut Grove Village Center require that Coconut
Grove's undersized sidewalks (which are less than 8 feet wide) be
secure from encroachments that would otherwise endanger
pedestrians; and
WHEREAS, Coconut Grove in general, and the Coconut Grove
Village Center, in particular, is possessed of special historic
'19119ym{ 11�.
Amended
P688i By
S
10499
and environmental character, the preservation of which
necessitates the regulation of certain sidewalk vending
activities generally consistent with regulations relating to
outdoor vending on private property in the area; and
WHEREAS, the relationship between the arts and their free
expression as a part of the living environment is historically
and currently recognized through the Special Public Interest
district zoning legislation presently in effect; and
WHEREAS, the Coconut Grove Village Center, as defined and
described in A Planning Study for Coconut Grove 1974, and
delineated in the "Village Center" portion of the SPI-2 Zoning
District of Ordinance No. 9500, as amended, the Zoning Ordinance
of the City of Miami, is a highly pedestrianized local service
and specialty retail district directly adjacent to public or
private schools; and
WHEREAS, A Planning Study for Coconut Grove. 1974, remains a
viable, valid and useful planning tool for the Coconut Grove
area, and is an essential element of the City's current
Comprehensive Neighborhood Plan; and
City's Comprehensive Neighborhood Plan, as amended, are hereby
incorporated herein by reference; and
WHEREAS, vending activity near schools during non -school
hours does not present a threat to the health, safety or welfare
of school children; and
WHEREAS, the regulations contained in this ordinance do not
prohibit pure speech, but merely regulate activities of public
right-of-way, commercial in nature; 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 CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
-2-
10499
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:1
"CHAPTER 39
VENDORS, ITINERANT MANUFACTURES, LOCKSMITHS AND TOOL GRINDERS
ARTICLE II. SIDEWALK AND STREET VENDORS
Sec. 39-11. Definitions.
For the Purposes of this Article:
Department of Health is defined as the Dade County
Department of Public Health.
Sec. 39-12. License Required.
•- • iTEW NETaw. W WiTUE-1• R•
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.
-3-
10499
Sec. 39-16. Vending Prohibited in Certain Locations.
Vending is prohibited in the following locations:
(1) Within a restricted vending district
the Coconut Grove Special Vending,
District, except within designated
vending zones - of said districts.
(3) Within five hundred (500) feet of any
property used for school purposes
(preschool, elementary, secondary), 2n
all school days between the hours_ of
7:00 A.M. and 4:30 P.M.
(10) Within 20 feet of a sidewalk cafe
permitted pursuant to Chapter 54 of the
City Code,
Sec. 39-17. Limitations within restricted vending
districts.
-4-
1U4,9s
_ 4 • - • _ .� �. -
p -Tom
•_ �. _
10499
Sec. 39-18. Prohibited Conduct.
(13) No vendor vending from a motor vehiole shall:
ME
10499
(f) Vend within a restricted or special
vending district.
Section 2. That all laws, or parts of laws in conflict
herewith are hereby repealed insofar as they are in
conflict.
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 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.
City Clerk �=
PREPARED AND APPROVED BY:
. MAXWEI4 WE�4
4
As istant City Attorney
JEM/db/M388
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. FERIANDEZ
City Attorn�,By
-7-
1Q499
P1
���
El
FLORIDA AVE
00
GRAND
COCONUT GROVE VENDING ZONES
Li
13
FLORIDA AVE
ri F--
LEGEND:
* ZONE LOCATION
3/4'1
1-4/z"
LIMIT OF DISPLAY STRUCTURE AREA
9is
10409
"ATTACHMENT A"
;„,
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. 10499
Inthe ........ X.. X .. X ........................ Court,
was published in said newspaper in the Issues of
Nov. 25, 1988
Afflant 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 said
Dade County, Florida, for a period of one year next preceding
the firs ublication of the attached copy of advertisement; and
affla fu ther says that she has neither paid nor promised any
pare n, rm or corporation any discount, rebate, commission
or fu d for the purpose of securing this advertisement for
pu is lon```
.
he �cJl�Nr�O
/
• Sworn t d•subAribed before me this
25 =r of ...®� = 88
• ....: ....LU � ... , A.D. 19 .......
_ram p G •c�-
... ......
�, • . Not PutAIC,a�le S Florida at Large
(SEAL) 0'",' C GRID P`P`���
My Commission 6 litoaalJtlrl� 21, 1991.
MR 114A
1 OF 2
*sr
ORDINANCE NO. 10500
AN I Ot AMENDING 811 000
OF THE CITY OF i,FLbhlbAA6AMENbED,TCiADD ANt):,�I
REMOVE CERTAIN Pf bViSIONS DEALING WITH AUTHORIZED
INVESTMENTS ANO'GUIbELINES FORINVEStMENT'OF THE
tff?`O'F` MIAMI - PIA01d HUREII-Ub,
PROVISION AND 'SEVERABII.Ii�,CLAU81C:
ADINA b(Ndr,:CHAPTER .j8, ENTITLIED:�
.'11WANCE"., ARTICLE III, SALE O�.;06�4160F.9. FOR DELIN-
WENT LOCAL IMPROVEMENT ASSESSMENT LIENS, SECTION
1834, THE,CODE OF THE _,bf, MIAMI,' FLORIDA,'A
A'MEND'ED'70 PROVIDE THAT _THE _PRACTICE :AND
:;-
PROCEIDURi. PERTAINING TO'.THE.SALE OF• LOCAL IMPROVE
-
MENT-AgSeSSME'Nt"LIENSsAALL6APPLy.T6,THESA'LE;OF,
AL LIENS; ' ALL MUNICIPAL REPEALER PROVISION
AND SP-VEAABIUTYCLAUSE.
ORDINANCE 1 6110603.
L nnnwALlf-W UA 4nCnA
I � �
SP.EC L`PERMITSi'-SY`R'ESTAT NG�:�THESUBSECTION T
REQUIRE -
*:A,CLASS "c!.SPECIAL; PERMIT ;FOR RS-Ij RS-ZAND
RG-V-DISTRICTS'iAND- SPECIAL' EXCEP11OWAPPROVAL, , FOR -
E��R =2'ANDtOTHr:Fl.�D1,StAICTSi-L:IF, RECREATION
AC TO.STREETS7A DIOW-�-3'!
ENT,
,WHERE,THEYxEXCEED .20 PERCENT OF NET;'NOTGROSS LOT,
I
.-:'AREA6WADING-S�CTIOWMEN , L
-2005 GENERALTERMS,L_
RE --SUSsECTION.i6Q6A`I:6t_
DEFINED, LATED11MItAtIONs,
DIVISIONS CREATING
..;STANDARD
BY,,L.pE ETINJHI
INGE�.EXI ' STING
AND'*INSERTlt4Ci",INWEU,, ,THEREO.- D.
-TIdA'LWITH -,CHAPTER ". R
-T HtCltY, COD E
`AMENDING
THE
4 , ne a`': i lace" larn 6 ii -ris c a6 '-A
^UW�g I INU.;(A),VVMIL;M,MAL)Ht:UUIHF:L) A
CLALSS
SPE'CIA'LP'ERMWFOR AGTIVE'REdREATIOW'FACI
'iltgMN-IONOTLCCATEEADJACENT TO'STREETS OR
AFtiLESSJHAN'IOIPtACENT,OFGROSS tLOT :AREA, BY-
_.PARE 4THES AND ,ay�sU,BSTITUTN_:-
cLAsS,,'O-,SPECiALf,PtOiOlt-,,RATmER tHA 4k 1, -6 t-11 Ex
4A &EdIAL� EX
-l-1ldN`fOR ACTIVE tREbkEATION:LFACIL ' ITfESzADJAcENt.
STREETS ;�, TEA`jHW-2d:'PERdENT-OFr ETjN
i3RoSs:.LOTAREA, .-"ANi5'jt3.Y'AME14D!NG.'-,THE, SCHEDULE
DISTRIGTjjEGULkTibNtVRAGE 3 OF'% USEsUb STRUCTURES ;``
AcCts6dkY'USE§ CTURES,.FOR BOTH R64"A
-RESIDikTIAL-OF'FI'C-EA-N"t')"'
ORALLY'00L,
USES ' PERMISSIBLE BY SPECIAL'
*PER ITTEDGEN
E '4 , G R 'P P RMIT, H Tj
410 CHANGE'AN: ERRONEOUS
REFER6E'FROM*f.IgEotl(ji4'26203.,I'-'OTO'SECTION-2003.7.".-i:f-I
";CONTAINING
ORDINANCE NOi 10505,
%AN -ORDINANCE AMENDING ORDINANCE NO. 9500iAS;%.'
AMENDED,
THE ZONING. -ORDINANCE OF THE.CITYOF MIAM
�FLORIbX,,-BY.,.AMENDINO.'OAGEI-OFTHE,,OFFICIALSCHED�;,L;.'.
.;i:ULE,OEIDISTRI.CT,,,R.944L'-ATIONS,IN "PRINCIPAL,USES AND*
".:.STRUCTURES; !,"FIG,-Ii(O
;OtNtkALRESIPPNTiAL ANDTWO-:.
NE. _ I
FAMibvj):sp6CIFICALLYj.BY, RESTATING PARAGRAPH, 3 UNDER' Y L, . -
"..,.!THE: HEAD.'ING."',Pk.ftm.iTT..ED,GENERALL L�!: 0, LIMIT THE T
NUMBER'OF owFLUNq:..U-NITS TO TWO; ; BY; ADDING NEW
PARAGRAPH 2 UNDER THE; ENTITLED "PERMISSIBLE
ONLY. BYSPEGIAI:--, PERM' IT.11,TO PROVIDE"F OR A"SPECIAL
E?(CEPTIONFOR,THIREf 'On.L
MORE DWELLING 'UhITS-,'ANDB'Y
AMENDINq'r,jMINIMUM 'Lot REQUIREMENTS;'"RG-1, GENERAL
;RESIPISNTiAL:`(PNE�'L'ANO�k;TWO-FAMILY)" ' BY DELETING THE
EXCEPTION Wk�CH:PROVIDES THAT SEMIDETACHED STRUC__
TURFS: .MAY ., BE ON r MINIMUM LOT WIDTHS' OF 26'FEET FOR'
EACH-,UNIT;'CONTAINING'�'REPEALER PROVISIOIN:*ND 4 SEW
ERABILITY CLAUSE' jr
Sald 'ordlnancesmay be. nspec ed by the publio atihe Ofllce'of the
City Clerk; ,'WW"Pan L,'ATrierican=Drive, Miami, ; Florida, Monday through
Friday, excluding holidays, between the hours 08:00 am. and 5:00 p-m;
-M& M HIRAI-
CLERK''.
MIAMI, FLORIDA
2 OF 2
tom} t1t_�M i n 1 L.AW DEF'T
, F'
G1TY QF MIAMI, F1.0191I0A
INTEROFFICE MEMORANDUM
Honorable Mayor and Members ""tE
of the City Commission
suS,tFCr
Ja ge L. 'Fernandez PIE rEpetgces
City Attorney
E461.6131JRPq
October 14, 1988 tr❑``
Proposed Coconut Grove
Vending Regulation:
Pursuant, to your directives, this Office and the Planning
Department met on several occasions with representatives E Om the
Coconut Grove Merchants' Association, Coconut Grove Chamber of
Commerce and Coconut Grove Street Vendors' Association to discuss
proposed new. regulations on street vendor activity within the
Coconut Grove Village Center area.
This package contains a proposed ordinance which would
establish a hybrid of the Restricted Vending Nstrict now
established in the Downtown Central Business district. Becauge
of the special nature and historic character of the'Coconut Grove
Central Business district this , Ordinance is -)igr-lificantly
different in a number of ways from the one in effect Downtown.
Thus, it has a distinctive name (Coconut Grove S eial Vending
District) and, if adopted, would have the followi,p c:ng consequer►c es
in the Coconut Grove Central Business district area:
1. Vending would be limited solely to handmade art
and crafts and plants and flowers. No services or
food sales would be ermitted. 'This would not,
however, pxohib t_I � provision of transportation
services which Call under A different category.
2. Vendors would be required to use pushcarts which "
look substantially .Like that on one of the
ordinance's attachments. The pushcarts would he
subject to review and approval by the Planning
Department before placement within the new
district.
3. Vending zones would only be permitted in the
extended sidewalk locations shown o►► the mats
attached to the Ordinance:. The Ordinance defined
"extended sidewalk" areas as those areas where the
sidewalk his been approximately doubled in width
to occupy a former petrking .lane. The Director of
Public Works would be empowered to add additional
zones if such proposed zones met all criteria.
1U499
EL
T- 1 -- - - M01.4 1 ►2 15 1 L..HW DEFT F
Hpnor'able Mayvr hnd Membera Ocr.•csher 14. 19QA
of the City Commission Page 2
4, Additionally, there are new provisions that would
apply ro _vending activit throw hout the C t
One change modifies the present total prohih tion
on vending within 500 feet of property used for
school, purposes (preschool, elementary,
secondary). The new provision would only prohibit
such activity on school days between the hours of
7.00 A.M. and 4:30 P.M. it is the opinion of this
Office that this provision is significantly morc-
defensible in this amended form than the present
24-hour prohibi-tion.
5. There is also a provision that prohibits vending
activities, citywide, within 20 feet of a sidewalk
cafe Permitted pursuant to Chapter 54 of the City
Code. This provision would Sevve to prevent
concentrations of commercial sidewalk activity and
prevent vendors from blocking ' ingress and egresn
to sidewalk cafes, or slow clown orderly and Sate
pedestrian tratfic flow on sidewalks adjacent to
sidewalk cafes.
6. Probably, the most influential citywide amendment
is the requirement that vendors provide the City
with proof of one million dollars ($1,000,000.00)
of liability insurance protecting the city .and
execute a hold harmiess and indemnification
agreement. This provision would not take effect
until OctoberT,—T9W9, because most vendor
licenses have already been renewed for this fiscal
year. ' Enforcement at this time cOuld quit -',-
possibly raise an equal protection issue.
It should still be noted, however, that in addition to the
Coconut Grove area; the Police Department, the Marinas and
Stadiums Department and the Parks Department have for some time
requested additional significant changes to the general vending
regulations of the City. Consequently, -this Office would, ajain,
suggest to the City Commission that staff be directed to prepare
one universal ordinance which addresses other vending related
problems Which have been identified by the aforementioned
deport.menta.
ThiS ordinance- is being c)resented as an emergency ovdinnnc�
to ,alleviate volatile and potentially dangerous situatiolis now
IN
10499
5Z' L►4 W riEP T
• ., - P CO 4
Honorable Mayer and Mr_mber5 October 14, 1980
tit the City Cummisston Page 3
existing because of vendor over.•cLowdinq in several Coconut Grove
locales where vending is now permitted. This overcrowding in
fostered by the propr_r enforcement of the 500 feet school -vending
distance weparation requirement of Section 39--16(3). Only a few
very small areas of the Grove are legal for vending activity
under the present provision of 939-16(3).
JEM/db/P665
cc: Cesar H. 04to, City ManAger
Sergio Rodriguez, Director, Planning Department
Donald Cather, Director, Public Works Department
John .7. Cop,�lan, Jr., Deputy City Attorney
Joel E. Maxwell, Assistant City Attorney
3
14499