HomeMy WebLinkAboutO-10479J-88-621
8/29/88
ORDINANCE NO. 10479
AN EMERGENCY ORDINANCE AMENDING CHAPTER 39,
ARTICLE II, SECTIONS 39-11 AND 39-17 OF THE
CODE OF THE CITY OF MIAMI BY PLACING FURTHER
RESTRICTIONS AND REQUIREMENTS ON STREET
VENDING WITHIN RESTRICTED VENDING DISTRICTS;
PROVIDING DEFINITIONS; AND PROHIBITING
VENDING FOR A ONE YEAR PERIOD ON THE FLAGLER
DEMONSTRATION BLOCK (NORTH AND SOUTH SIDES OF
FLAGLER STREET BETWEEN MIAMI AVENUE AND EAST
FIRST AVENUE).
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 Article II Section 39-11 of the
City Code, 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 contained in Article II, Section
39-17, of the City Code are required to ensure pedestrian health,
safety, and well being and to aid in police enforcement of
regulations pertaining to vending; and
WHEREAS, the placement of amenities and pedestrian
improvements like 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
i
OF MIAMI, FLORIDA:
Section 1. Chapter 39 of the Code of the City of Miami is
'10479'
hereby amended in the following particulars:1
"CHAPTER 39
Peddlers, Vendors, Itinerant Manufacturers, Locksmiths
and Tool Grinders.
ARTICLE II. Sidewalk and Street Vendors.
Sec. 39-11. Definitions.
0
Motor vehicle is defined as any vehicle used for
the displaying, storing, or transporting of articles
offered for sale by a vendor, which is required to be
licensed and registered by the department of motor
vehicles.
Open flame cooking is defined as the cooking of
food utilizing a heat source which consists of a
visible flame or which produces smoke during the
cooking process.
Vending is defined as the act of selling, offering
for sale, transferring, or offering to transfer fop
merchandise or service(s) to another for percuniary
gain.
Vending zone is defined as em a rectangular area
within a restricted vending district where vending is
permitted pursuant to this article; said vending zone
to be delineated by
curb and markings on the sidewalk delineating a
rectangle within the limits of which a vending
f pushcarts may be placed;_
half (2 -1/4-0) feet from the fetee of the curb or any
peirt of the pttsheetrt mare 1:han six (6) feet from the
face of the curb.
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:
(1) No merchandise or service shall be vended or
displayed other than food and fresh cut
flowers.
(2) No vending shall be permitted except within
designated vending zones. Vending zones
shall be delineated by the city under the
direction of the public works department and
the planning department based upon the
following criteria:
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.
-2- 1019.0,
(a) Vending zones shall be located in areas
where the sidewalk width is sufficient
to accommodate regular daily peak -hour
pedestrian flow plus the six-foot
sidewalk width necessary for the vending
zone, with a minimum of friction and
pedestrian inconvenience.
(b) Vending zones shall, whenever possible,
be located in areas where the sidewalk
and curb have been extended into the
street forming a pedestrian peninsula.
(c) Along streets where the sidewalk does
not meet the above criteria, vending
zones may be located in areas of the
sidewalk previously constricted in width
by existing utility poles, benches, sign
posts, trees, and similar permanent
obstructions.
(d) Vending zones shall conform to all
limitations listed in section 39-16.
(e) Vending Zones shall be limited to no
more than ten (10) percent of the linear
frontage of each block. Priority shall
be given to qualified areas near street
corners and major building entrances.
(3) Vending shall be prohibited from any type of
vehicle or stand other than a pushcart; and
no merchandise, supplies, containers, or
other items related to the vendor shall be
placed anywhere the public right-of-way other
than in or on the push cart- except for one
folding arm chair or wooden stool
44_�- Only one pushcart shall be permitted to
occupy a vending zone.
45_� All push carts shall be in a vending zone no
later than 10:00 A.M., and except for
emergency reasons, shall not leave the
vending zone prior to 6:00 P.M. No movement
of vending pushcarts, other than for
emergencies, shall be permitted between 10:00
A.M. and 6:00_P.M.
All vending pushcarts must be equipped with a
broom and dustpan for sidewalk cleaning.
No open flame cooking shall be permitted.
All goods for sale other than those on
display must be stored within the structure
of the pushcart and shall not be visible to
the general public.
It shall be unlawful for any vendor to use
any noisemakina device to solicit customers.
�101 Vending pushcarts may not be chained or
otherwise affixed to trees, light poles, sign
stanchions or other stationary entities on
the sidewalk.
�i
-3-
211
* 11
Section 2. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance shall be held to be
unconstitutional or void, the remaining provisions of this
Ordinance shall, nevertheless, remain in full force and effect.
Section 4. 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 5. The requirement of reading this Ordinance on two
separate days is hereby dispensed with by an affirmative vote of
not less than four -fifths of the members of the City Commission.
PASSED AND ADOPTED this
ATTE
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
E. MAXWELL
STANT CITY ATTORNEY
/db/M327
8th day of September, 1988.
XAVIER L. EZ
MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
1, Matty Hirai, Cle: k of the ,City of Miami, Florida,
h xeby eerj/y}�J� that On tlle_�'% clay of
•,I.. �jC/ �..r
U. 19_...,a full. true ,and cormct eop,.r of�th�
:1 fc;ret;oint; ordin;,nre t�,is post;.d,it t11 S,L,(ii J;_) r
the Dade Count,,
curt TA"mse. at ill'-' t,la• c in r� ii1,.,I
:r notices and publi.ati:ms by attaclliiib s.•id co1 .v to
i-11J place provided therefor.
WITNESS nl), hand at tl,e f 'cial seal of saA,
City tl>is —day of- �, y
. D. 19 Pal
1' Clerk
-4-
IL0407 '
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
Cesar Odio
FROM: City Manager
KU
li
DATE: AUU' V FILE:
SUBJEc®:rdinance amending the City
Code sections pertaining to
street vendors in the downtown
restricted vending district.
REFERENCES:
ENCLOSURES:
RECOMMENDATION
It is recommended that the City Commission adopt the attached
emergency ordinance amending Article II Sections 39-11, and 39-17 of
the Code of the City of Miami to place further restrictions and
requirements on street vending within restricted vending districts
and to prohibit vending for one year on the Flagler Demonstration
Block (Flagler Street between Miami Avenue and E. 1st Avenue).
BACKGROUND
Currently, the area of Downtown Miami bounded by the Miami River,
Biscayne Boulevard, NW/NE 5 Street, and N.W./S.W. 2nd Avenue, is a
restricted vending zone which places restrictions and requirements
on sidewalk vending that are separate and apart from vending
policies applicable to the rest of the City. The proposed ordinance
pertains only to the downtown restricted vending zone.
The following changes are being proposed based on discussions with
property owners, the police, merchants, and staff observations to
better protect the health, safety, and welfare of pedestrians, to
aid in police enforcement, and to give the City the opportunity to
evaluate the capital improvements and . beautification efforts
underway on the Flagler Street Demonstration Block:,
1. Vending zones will be clearly marked by a rectangular area
within which only one vendor may operate.
2. Vendors are permitted to have a folding arm chair or
wooden stool beside their vending cart.
3. No movement of vending vehicles will be permitted on
downtown sidewalks between 10 A.M. and 4 P.M. except in
emergency situations.
4. All vending push carts must be equipped with a broom and
dust pan for sidewalk cleaning.
1n479
MEMORANDUM
Page Two
5. Open flame cooking will be prohibited to protect
pedestrians from burns and smoke inhalation and to prevent
smoke from entering retail establishment~ all., ng
damage to clothing and other items.
6. Storage of goods for sale, other than those on display,
must be within the structure of the pushcart and not
visible to the public.
7. Vendors will be proliLl)[Ced from using noise making devices
or shouting to attract customers.
8. Vendors will be prohibited from chaining or otherwise
attaching their push carts to trees, light poles, signs,
etc.
9. Vending will be prohibited for one year (October 1, 1988
through September 30, 1989), on the Flagler Street
Demonstration Block. (The north and south sides of Fla,gter.
Street between Miami Avenue and E. 1st Avenue).
This ordinance is being presented to you on an emergency basis so
its provisions will be in effect for the grand opening of the
Flagler Street Demonstration Block in October. With the planting or
new trees, the placement of flower pots, the relocation of signs,
newspaper vending boxes and telephone booths that are underway on
the Flagler Street Demonstration Blncic tr, lip, ht,come apparent that
there will not be sufficient room on the public right-of-way to
safely accommodate street vending activities. Vending activities
should be prohibiter) on the demonstration block for one year tU
protect pedestrian safety while the City and the Downtown
Development Authority evaluate the many physical changes on the
demonstration block in order to determine whether these'changes will
be made permanent or not.
CO/csp
10479'
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
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor 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 # 5 0 2 6
CITY OF MIAMI
ORDINANCE NO. 10479
In the ............ I ... X
........................ Court,
was published In said newspaper In the Issues of
Sept. 14, 1988
Afffent 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 first publication of the attached cop of advertisement; and
atfiant further says that she has ne Id nor promised any
persoyyrr;; firm or corporation a scount, ebate, commission
or nlfund for the ouroose curina tht arluartiaama91 r,,.
``.�4� • Svyp��- I sed.s scd before me this
4... da ; .. e p.t.e... g; ..S A.D. 19... 8 8
aairchez
11c, !t 1 0R`Flor at Large
(SEAL)
My Commiss14e0iR pi June
MR 115 *,flit 4A 0R�D 00��