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HomeMy WebLinkAboutItem #74 - Discussion Item�1 L , 916ve V,• 191tnebe of Commerce 2820 McFARLANE ROAD COCONUT GROVE, FLORIDA 33133 (305)444-7270 August 14 , 1917 116 T0: Mr. Cesar Odio Miami City Manager rROM t Coconut Crow Chamber of Commerce and Crow Merchants Association SUBJECT: To appear before the City Commission cn October 9, 1987 for the purpose of discussing the existing Tendoar Ordinance applicable to the Suainess Seater of Coconut Grow and to request consideration for revision. It is the intention of the Grow Merchants Association to request Member Merchants and Property Owners, in C000nut Oro" to attend this important Mesons and that this item appears on the Commission Agenda at exactly 7:00 p.m. La order to Jointly discuss this Looms with all concerned present. stuart Coconut Grove Chamber of Commerce alas FOR VIce s nt ut Grove Chamber of Commerce s, raNn Grow Merchants Association t Sc%A.KF 87-9743, ., J �► rA Coconut G rove.. Civ-Club .o.box 381 coconut grove, lorida'33133 �Fj G �; C,' � 23 September 24, 1987 City Hall 3700 Pan American Drive Miami, Florida 33133 Dear Mayor, Commissioners and City Manager: Along with the Chamber of Commerce of Coconut Grove, the Tigertail Association and the Coconut Grove Merchants Association, the Civic Club respectfully requests that representatives of these groups make a presentation regarding vendors in the Grove to the City Commission on October 22, after 6:00 p.m. This request for a personal appearance was made for the now cancelled October 8 meeting, and was continued to the October 22 meeting. We ask for this 6:00 p.m. time for our appearance because of the interest of Grove merchants and residents who would not be able to attend if the appearance is scheduled at an earlier time. It is our understanding that only the City Commission has the authority to decide that an item will be heard at a specified time. Therefore we urgently request that we be heard for a brief presentation at 6:00 p.m. or between 6:00 and 7:00 p.m. at the October 22 meeting. We look forward to meeting with you individually prior to the meeting, and seeing you on the 22nd. Sincerely yours, f ,41 Tucker Gibbs, President Ted Stahl First vice -President Coconut Grove Chamber of Commerce .. IG. .,J/,* . LR.. L(i f, A. -I., Thelma Altshuler President, Tigertail Assoc. 87-97 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM �; To Cesar H. Odio City Manager DATE October 9, 1987 FILE SUBJECT tROM Miller J. Dawkins REFERENCES City Commissioner ENCLOSURES AGENDA ITEM FOR 10/22/87 COMMISSION MEETING (1) Please schedule the Coconut Grove Civic Club's item to hear after 6:00 pm at the October 22nd Commission meeting. agj p cc: Honorable Mayor and _ City Commission Members ;Coconut Grove Civic Club ATTEST: Passed on 1st Reading: 2/15/83 Passed o•° Ind Reading: 3/01/83 .;Y loan pt grbve Chamber o commerce 2820 McFARLANE ROAD COCONUT GROVE. FLORIDA 33133 (305)444-7270 SPEAKERS REPRESENTING CITIZEN GROUPS IN COCONUT GROVE SPEAKERS: TED STAHL First Vice President --Coconut Grove Chamber of Commerce RICHARD CHIMELIS 1 President-- Coconut Grove Merchants Association RONALD COLD i Vice President-- Tiger Tail Association TUCKER GIBBS President-- Coconut Grove Civic Club - 0 1 - - -.... �-�_ ;AWN � �r Ut 10 e qch!aombebfCommerce 2820 McFARLANE ROAD COCONUT GROVE, FLORIDA 33133 (305) 444-7270 September 1, 1987 The Coconut Grove Chamber of Commerce and the Grove Merchants Association request the following Proposal: PROPOSAL That the area, bordered by and including both sides of the street, sidewalks and setbacks of Bayshore Drive to McFarlane, McFarlane to Main Highway, Main Highway to Franklin, Franklin Avenue to Margaret, Margaret to Grand Avenue, Grand Avenue to McDonald Avenue, McDonald to Oak Avenue, Oak Avenue to Mary Street, and Mary Street to Bayshore Drive be restricted from all Street Vendors, not to include licensed performing and producing Artists, such as Musicians, Dancers, Mimers, Clowns, Painters, Sketchers, Sculptors, Weavers who are actively performing and producing their Art on location. Exceptions may be granted to Special Events, by request of the Event Producer Only. I :t Z M"9 �;Clp':111111111111 � �mom ... ;ems: s� ww =•-- �iii �.r �e�r ww =ww c��il�llffl war ww f11�1;11111 pilll�llltllltli M I I II 11/1111111 IIOO11111 1111111 ���w; 11111l11 11/Q111 1 III/IIl11 1111111 ��1t11� ulllul Illi►i�S� C�1111111111111111 IUIuI Ill/1111 1111111111 IIIIIIiII 111l1Uu Mlgl 111/111l�1111111111 111111/11 IIIlllln SOME 11111111 111II11111. E/111/111 II InF_R!�141!'1/111 1111/1lIII I��M���I 1 111111111���Il111 �1111111r�:�rry���t��, 111111111 -Ilion; imillillil, •y., r111 '' uin� ��111■ ■1 1111■ �1111111� �.'�� 111111ni ..1111■ �1�1111■Lillll ll, 1111111/1 C�1111111111111111l1111 � 1111/11/1 :�111111111111111111111� 11�111111 ■�111111111111lIIIIIIIIII � E�� :11 �11111=■W111t1= �111l11111111�;�i'�C I00.iliill�; !%n is .rANM.AP -'Coconat Grove C IV c Club p.o.box 381 coconut grove florida 33133 October 19, 1987 Mayor and Commissioners City of Miami 3700 Pan American Drive Miami, Florida 33133 Dear Mayor and Commissioners: The Coconut Grove Civic Club joins with the Merchants Association of Coconut Grove, the Coconut Grove Chamber of Commerce and the Tigertail Association to ask you to create an ordinance banning all sidewalk vendors from the village center in Coconut Grove. The vendors who populate the village center create a public nuisance and safety hazard, and their presence negatively affects the special aesthetic quality that attracts people to Coconut Grove. The public sidewalks belong to the public to use to move from one place to another. These vendors park their carts or place their card tables in this public right of way making worse an already intolerably congested area. Other municipalities in Dade County have ordinances either outlawing or seriously restricting such vendors. These cities include South Miami, Coral Gables, Miami Beach, North Miami and North Miami Beach. Cities have the right to regulate the public right-of-way. What we are asking is that the City of Miami exercise this power by banning from the village center these vendors and thus help keep the Grove a clean, pleasant and safe place for residents and visitors. Thank you for your consideration. Sincerely yours, Tucker Gibbs, President t. 1 MUNICIPAL ORDINANCES REGULATING OR PROHIBITING VENDORS South Miami Miami Shores Coral Gables Miami Beach BMW 16 � I ORO 1 NANCE NO. 08-8^68 AN ORDINANCL 01 1111 CI I 111 'r011111 111AMI I I1WI0A, AWNOING SECTION 8. 1 iC1NSr 10 AiTI Y 10 ONI PI AC.F Or _miSINESS_. OF o IN�NC�NA. 11s- ! I rl111 n, RY r'11►1 N G 1IIER .TO PROV1SiONS I'K01I11, L r ' ir._ t t►rly hI ��; I'I i�Vl1►1N�� i :�r.�.Irl II1111.EVENTS; P I �11' 'rlrl.i,lnL NG ULI INI i Wit cal I'! 1;,�1 C1,; 1,1.i'CALirtrr ALL ORDINANCES OR PARTS OF 01)IiiNANr.I`r IN C01,11.KT NFRFWITH AND PROVIDING AN ErI1CiIVL 11AIL. BE IT ORDAINED BY TIIC MAY111' AND 0Ir CiTY COMMiSSiON OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 1 it-Pnsc t(� nl)ply_to One Place of Business, of Ordinance No. 18-80-1077, as amended, heretofore adopted by the City of South Miami, be amended as fol 1 crw-, : Section S. - LICENSE-APPI.iCA1111 IIY; ('Ir01!1^I1InN nt PEDDLERS; AND DEFiNITI (a) All licenses, prov i dt-d I ur• hrr-v i n , sh,r l l be issued for and apply to oilly (iinr pjaLr of husinr•ss within the City. (b) Peddlers usint*I pu;h t.arl,., w,iuuns, wheelbarrows, stands, boxes, non-moitori;rcl crr• non-r.clf-propelled vehicles are prohibited from operating in any place and area of the City except on construction kites where work, as defined in paragraph 304.3(f) of thy, South Florida Building Codej is actively in progress. (c) Peddler is defined its: a person, firm, corporation, or Other entity which travel, ,shout from place to place selling items described in Code No. 029000 through Code No. 029006 and any and all other goods, wares, merchandise, food, food products, beverages and any and all other items. (d) Provided, however, in the case of a special event, exhibition, exposition, art show and/or festival, not exceeding five (5) days, when specifically premitted by a majority affirmative vote of the City Commission by resolution. Section 2. All ordinances or pairts of ordinances in conflict herewith be, and the sane are hereby repo led. s Section 3. This ordinaircr shall Lake. v1-f -rt ii,mr_diately at the time of its passage. PASSED AND AD01'71-11 this 1st Try r►I March 1983. ATTEST: IR- F�--u �� 0111 f A I r 0 4 4 - 1 Passed On 1st Reading; 2/15/83 Passed in, 'nd Reading: 3/01/83 t AI'I'RnVrh: ANk MAW Sgoij ! ORDINANCE NO. 501-86 ORDINANCE AMENDING SECTIONS 1 THROUGH 17, INCLUSIVE, OF THE, CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; DEFINING THE MEANING OF THE WORD "PEDDLER"; REQUIRING PERMIT FOR PEDDLER; PROVIDING FOR A MEADS OF APPLICATION FOR PERMIT AND APPEAL WHERE DENIED; RESTRICTING USES OF PERMIT; PROVIDING FOR EXEMPTIONS; PROVIDING SEVERANCE CLAUSE AND EFFECTIVE DATE. i A BE IT ORDAINED BY MIAMI SHORES VILLAGE, FLORIDA: Section 1. Sections 1 through 17, inclusive, of Chapter 17, of the Code of Ordinances of Miami Shores Village, Florida, reads as follows: (See attachment) , Section 2. Sections 1 to 17 of Chapter 17, of the Code of Ordinances of Miami Shores Village, Florida, shall stand amended to read as follows: Sec. 17-1. DEFINITIONS The word "peddler" as used in this Chapter shall include any person as the word "person" is defined in Section 1-2, supra, traveling by foot, or any type of conveyance, from place to place upon public streets and sidewalks, transporting merchandise offered for sale, or making sales and delivering articles to purchasers, or who sell or offer to sell the same from any type of conveyance, and one who solicits orders for the subsequent delivery of merchan- dise, shall be deemed a peddler. The word "merchandise" shall include all forms of personal•property, both tangible and intangible, i -f including all forms of contracts._ Sec. 17-2. PERMIT REQUIRED it shall be unlawful for any peddler, as defined in Section 17-1 above, to engage in any business in Miami Shores Village without first obtaining a permit to do so in compliance with the provisions of this Chapter. Sec. 17-3. APPLICATION FOR PERMIT; INFORMATION REQUIRED Permits shall be issued only upon the basis of an application filed with the Miami Shores Village Clerk, or his designee, which application shall be in writing on a form provided by the Village, requiring the following: 1. Name, social security number, age, sex, height, weight, color of eyes and color of hair of applicant. 2. Permanent address of applicant, in addition to temporary address of applicant, if permanent address is not located in Dade County, Florida AWA 3. Nature of activity, including description of products involved. 4. Name and address of parent company or employer, if any. 5. Duration of permit requested. 6. Description and license tag number of vehicle to be used. 7. Applicant's driver's license number and state of issue. Sec. 17-4. INVESTIGATION AND DENIAL OR ISSUANCE; CONTENTS OF PERMIT. . (a) Each application shall be referred to the Chief of Police for review, and the Chief of Police shall report his findings to the Village Clerk on the next following business day. (b) The Village Clerk shall issue a permit to the applicant within two (2) business days of the receipt of a properly -- -completed application. (c) Applications for a permit may be denied and permits ---- - may be -revoked -by the -Miami Shores -Village Manager for any of the - following reasons: 1. Fraud, misrepresentation or false statement in the - -- application. - �� 2. Illegal or fraudulent conduct by the applicant doing business as a peddler•in any jurisdiction outside of Miami Shores Village. 3. Commission of fraud, misrepresentation, or making false statements in the course of conducting business as a peddler under a permit issued by Miami Shores Village. 4. Any violation of this Chapter by permittee. 5. Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to public health, safety, or general welfare. 6. The Miami Shores Village Manager may deny an applicant a permit when he deems it in the best interest of Miami Shores Village and its residents to do so. Sec. 17-5. APPEALS Any person aggrieved by the denial of an application for a permit, or the revocation of a permit after issuance, shall have the right of appeal to the Village Council. Such appeal shall.be taken by filing with the Miami Shores Village Council a written statement, ■ Aft setting forth fully the grounds for the appeal. Said appeal shall be filed within fourteen (14) days after notice of the action complained of has been mailed to said applicant's last known address. The Council shall set a time and place for a hearing on such appeal, and reasonable notice of such hearing shall be given to the applicant. The decision of the Council on said appeal shall be final. The Village Clerk, or his duly appointed deputy, shall issue to each approved applicant a permit, and simultaneously there- with shall deliver to the applicant a letter specifying the terms of the permit. Said letter shall be kept in the possession of the permitee at all times and must be shown to any Miami Shores Police Officer or Miami Shores resident on request. Sec. 17-6. USE OF PERMITS BY OTHER THAN PERMITEE No permit or -permit letter issued under the provisions of this Chapter shall be used or carried at any time by any person other than the one to whom issued, except that in the..case of permits issued to organizations which will employ more than one person to conduct the business of the organization, one permit letter can be issued which will cover all representatives of that organization. Said permit letter must be reproduced by the organi- zation and a copy thereof given to each of its representatives, and each of said representatives sha13 carry said letter at all times and exhibit same upon demand_ Sec. 17-7. EXPIRATION AND RENEWAL OF PERMITS. Permits issued under this Chapter shall contain an expiration date which shall be thirty (30) days from the date of issuance. Subsequent permits may be obtained upon the filing of a new application, as set forth hereinabove. Sec. 17-8. RESTRICTED AREAS No soliciting or canvassing shall be permitted upon any premises displaying a legible sign containing the words "No Soliciting". Sec. 17- 9. ENFORCEMENT It shall be the duty of each.Police Officer of Miami Shores 1 El Village to require any person seen peddling, soliciting, or canvassing, and who is not known by such officer to be duly permitted, to produce his permit and to otherwise enforce the provisions of this Chapter against any person found to be violating the same. Sec. 17-10. RESTRICTED BUSINESS HOURS All permitted peddlers shall conduct their business within the following time limitation and at no other time: 1. From 10:00 a.m. to 6:00 p.m. on Mondays through Saturdays. 2. From 12:00 Noon to 6:00 p.m. on Sundays and legal holidays. Sec. 17-11. CREATION OF NOISE No peddler, nor anyone on his behalf, shall shout, make any outcry, blow a horn, ring a bell, or use any sound device, including loud speaking, radio or sound amplifying system, upon any street* alleys, parks or other public places of Miami Shores Village -,-Dr upon any private premises in Miami Shores Village where same is capable of being plainly heard upon the strees, avenues, alleys, parks or other places, for the purpose of attracting atten- tion to permit these business activities. -- -- Sec. 17-12. RESTRICTION ON USE OF STREET No peddler shall have exclusive right to any location in the public streets, nor shall any peddler be permitted to operate in any stationary location or be permitted to operate in any con- gested area where his operations might impede or inconvenience the public. This restriction may be waived by the Miami Shores Village Manager at his discretion when Miami Shores sponsored activities shall take place anywhere in the Village. The judgment of the Miami Shores Police Officer shall be deemed conclusive as to whether an area is congested or the public is impeded or inconvenienced. Sec. 17-13. EXEMPTIONS Provisions of this Ordinance shall not apply to the following persons: 1. Persons who solicit or canvass on behalf of a political party or candidate for elected office. 2. Persons who solicit or canvass on behalf of a religious organization. 3. Persons who canvass or solicit on behalf of a s+ 4 r community service organization, such as Boy Scouts Girl Scouts, Junion Chamber of Commerce, Knights of Pythias, Kiwanis Club, Lions Club, The Heart Fund, March of Dimes, etc. 4. Children engaged in Halloween activities on October 31st annually. 5. Sales people who are invited to the premises by the owner or occupant thereof. Sec. 17-14. SEVERANCE CLAUSE The provisions of this Ordinance are declared to be severable, and if any section,, sentence, clause or phrase of this , Ordinance shall, for any reason, be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand, notwithstanding the invalidity of any part thereof. Section 3.• This Ordinance to become effective upon adoption. - APPROVED ON FIRST READING the 2nd day of December ___ _-- 1986. APPROVED AND ADOPTED on second reading the 15thday of December 19 8 Ja MAYOR l/ ATTEST: MIAMI SHORES VILLAGE CLERK ,. � By � A-�'G, ..i''f�L! Deputy Clerk APPROVED AS TO FORM Vaillage Attorney LnW ... At/Aw 1~ Chapter 17 PEDDLERS AND SOLICITORS' Sec. 17.1. Definition. The word "peddler," as used in this chapter, shall include any person as defined in section 1.2, whether a resident of the village or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawk- er" and "huckster." (Code 1971, § 16-1) Cross reference —Definitions and rules of construction generally. 4 1-2. Sec. 17-2. License and permit required. It shall be unlawful for any person to engage in the business of peddler as defined in this chapter within the village without first obtaining a permit and license therefor as provided in this chapter. (Code 1971, § 16-2) Cross reference —Schedule of license taxes, 1 14.33._ Sec. 17.3. Application —?fling; information and addenda. Applicants for permit and license under this chapter must file with the village clerk a sworn application in writing (in dupli- cate) on a form to be furnished by the village clerk, which shall give the following information: *Cross references —Occupational licenses and business regulations. Ch. 14; false statements in applications for village permits, etc., unlawful, 115-7. 1009 M""W—MOK M� Mnj��� '', PEDDLERS AND SOLICITORS 617.6 Sec. 174. Same —Fee. At the time of filing the application, a fee of ten dollars ($10.00) shall be paid to the village clerk to cover the cost of investigation. (Code 1971, § 16.4) Sec. 17-5. Investigation and denial or issuance; contents of license. (a) Upon receipt of such application, the original shall be re- ferred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. (b) If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his approval and his reasons for the same, and return the application to the village clerk, who shall notify the applicant that his application is dis- approved and that no permit and license will be issued. (c) If as a result of such investigation the character and busi- ness responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return such permit, along with the application to the village clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and pho- tograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling. The clerk shall keep a perma- nent record of all licenses issued. (Code 1971, § 16.5) Sec. 17-6. Ucense fees —Schedule. The following fees shall be charged for the licenses provided for in this chapter: 1011 I.. VtV r . PEDDLERS AND SOLICITORS 1 17.10 (1) Fraud, misrepresentation or false statement contained in the application for license; (2) Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler; (3) Any violation of this chapter; (4) Conviction of any crime or misdemeanor involving moral turpitude; (5) Conducting the business of peddling in an unlawful man- ner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (b) Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of com- plaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (5) days prior to the date set for hearing. (Code 1971, § 16.8) Cross reference —Revocation of occupational licenses, 4 14.31. Sec. 17-9. Appeals. Any person aggrieved by the action of the chief of police or the village clerk in the denial of an application for permit or license as provided in section 17-5, or in the decision with reference to the revocation of a license as provided in section 17.8, shall have the right of appeal to the council. Such appeal shall be taken by filing with the council, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in section 1-7-8 for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive. (Code 1971, § 16.9) Sec. 17-10. Plates and badges —Issuance; display. The village clerk shall issue to each licensee at the time of delivery of his license two (2) license plates for each vehicle to be used, plus a metal badge for -each individual licensed under this 1013 i z. PEDDLERS AND SOLiCITOPS f 17-17 Sec. 17-15. Reports and records. The chief of police shall report to the village clerk all convic- tions for violation of this chapter and the village clerk shall maintain a record for each license issued and record the reports of violation therein. (Code 1971, E 16-15) Sec. 17.16. Creation of noise. No peddler, nor any person in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device. including any loud -speaking radio or sound -amplifying system, upon any of the streets, alleys, parks or other public places of the tillage or upon any private premises in the village where sound of suffi- cient volume is emitted or produced therefrom to be capable of being plainly heard upon the %treets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. (Code 1971, § 16-16) Sec. 17-17. Restrictions on use of streets. No peddler shall have any exclusive right to any location in the public streets, nor shall any peddler be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or in- convenienced. (Code 1971, § 16-17) Cross reference —Streets, sidewalks and other public places. Ch. 20. Me next page is 10651 1015 r IN 4 ,�'•i is .••r-.��•.'y,�:`s'�!'•••`'•Y'�t1�?r '• �;�- �. .• \�i i'7i t•:'..s ,' ♦ , �i {f � *e � • •�' -J♦ ), , R `w.� �-�r'• �\ • "'`+�' �� § 8 CHARTER §8 . •�. .:..•- :' - ; ' - possession of intoxicating liquors, wines and beers "" •> . f •�;' within the limits of the City. (31) Bird sanctuary. To declare that all territory embraced within the corporate limits of said City shall be a bird •' - sanctuary and to adopt all ordinances necessary to _�, `': " • - carry this pou•er into effect. 7. Ste' -y =�' �:; • _ �; 32) ( Peddlers: public carric rs parking spaces. To license, control, tax and regulate traffic and sales upon the �.:• - '- ':� , street [streets], sidewalks and public places within the City, and the use of space in such places Ito -- •'`' • - regulate, suppress and prohibit hawkers and peddlers and beggars upon such streets, sidewalks and public places; and to license, cause to be re;istered. and _and control, tax. regulate_ r prohibit in designated strew, or parts of streets, carriages, omnibuses, motorbuses, - :' : • ;. ;� ., cars, wagons, drays, jitney buses and other ve- hicles; and to license, tax and cause to be registered '''�:'" ''�`- • ' '� and control the drivers thereof, and to fix the _ • ' �- ` ` ' .�' *' •••S.: M�••-ti:T+. .�-�•• -'. f."•�� rate to be charged for the carriage of persons F " '''� '�� `� t,� hi3 and property within the City and to the pub- _ r : -• - y: -; s lic works beyond the limits of said City; and to :. authorize the City Manager or the Chief of Police to T make and promulgate regulations for t:•affic on the streets, or part of the streets, during such hours as • '` >�� • ,-�> `t=� :=- may be necessary or convenient, and to provide for >;�.':�' ,,:• :".:. parking spaceh on the streets and public places; and �:�.. _ ' •`._�::' .' `,,.. ' to regulate or racate or discontinue the use of such _:�1. •: _ {•.:;,•%� ;� ;,+ :;;, spaces; to require all vehicles for the carriage of per- sons for hire to execute a bond to be conditioned as re- ;:n?;:mot^ . r . !n.. zn �,� .. •tom ;.-•-�•:� quired by ordinance for the protection of passengers and of the public, and to make such bond inure to the benefit of persons or property which may be in- jured or danaagcd by the operation of such vehicle for hire; and to require such bohd with :uch :,.urety to be furnished by all vehicles for hire operating upon the streets of the City; whether such operation be wholly within the limits of the City or between the City of Coral Cables and other cities and towns and places out- side of the City of Coral Gables. Supp. No. 48 iq OCT 8 1975 r r GoRM- ! SECTION 7 - 1 SECTION T 16 1 ARTICLE r I I USE PROHIBITIONS AND RESTRICTIONS SECTION 7-1 USES PROHIBITED. The follow- ing uses shall not be permitted within the City of ' Coral Gables: (a) Nightclub or casino, as popularly defined. (b) Circus, carnival, open air or tent show or similar use operated for purpose of private profit. (c) Crematory, or Furnace for cremation of human bodies. (d) Billboards, as defined herein. (e) Electronic Video Entertainment Centers and Machines. SECTION 7-2 DOMESTIC ANIMALS AND FOWL. It shall be unlawful for any person to keep, harbor, breed or maintain upon any premises any horses, ponies, cattle, goats, pigs or other livestock, or an% pigeons, peacocks, chickens, ducks or roosters, or other domestic fowl. SECTION 7-3 PROHIBITED USES, CERTAIN STREETS. (2622) (a) No service station, public garage, auto re- pair shop, machine shop, used car lot, or any business conducted outside a building, except open air cafes and/or restaurants as provided for under Section 5-4 and sub -paragraph (f) of Section 7-5 herein, shall be permitted on any lots or premises abutting Coral May, (a portion of which is known as Miracle Mile), or Biltmore Way, or upon lots or premises abutting Ponce De Leon Boulevard between Southwest 8th Street and Bird Road. (b) No driveway for use by motor vehicles or any _ other purpose shall be permitted to be con- structed across the sidewalks on properties abutting Miracle Mile from Douglas Road to LeJeune Road and!or an properties abutting Ponce de Leon Boulevard from Avenue Minorca to University Drive. (c) No off-street parking shall be permitted to be located on the grade level of buildings constructed on properties abutting Miracle Mile from Douglas Road to LeJeune Road and/or on properties abutting Ponce de Leon Boule- vard from Avenue Minorca to University Drive. (d) %a driveway for motor vehicle purposes or any other purposes shall be constructed across the sidewalk or in such yard areas of prop- erty abutting both sides of Ponce de Leon Boulevard from Avenue Malaga to Bird Road; driveways existing as of February 26, 1981 may be permitted to remain. - SECTION 7-4 PROHIBITED USES, CERTAIN SECTIONS. Apartment buildings shall not be per- mitted to be constructed an property zoned for "C" or "M" Uses in the following sections: (a) Industrial Section. (b) Coconut Grove Warehouse Center. (c) MacFarlane Homestead and St. Albans Park. (d) Riviera Section Part B. (e) Callahan Tract. SECTION 7-S BUSINESS OUTSIDE A BUILDING. No business shall be permitted unless such business is carried on within and under cover of a building or buildings according to the provisions of this and other ordinances of the City of Coral Gables; pro- vided, however, that this section shall not apply to the following: (a) Used -car lots, when located in "M" Use Dis- tricts. (b) Service stations. (c) Commercial nurseries for the growth and sale of trees, plants and flowers. (d) Open lot Christmas tree sales. (e) Restaurant drive-in service windows and drive-in and/or walk-up tellers when approved in accordance with the provisions as set forth under Section 5-3 herein. (f) Open air cafes and/or restaurants when ap- proved in accordance with the provisions as set forth under Section 5-4 herein. SECTION 7-6 USED -CAR LOTS. The business or occupation of Used -Car Lot or Second -Hand Auto- mobile Dealer shall not be conducted anywhere within the Cit. of Coral Gables except upon premises zoned for "M" Uses. SECTION 7-7 ADULT BOOK STORE, ADULT NO- TION PICTURE THEATER AND MASSAGE SALON. The business or occupation of an adult book store, adult motion picture theater or massage salon shall not be conducted or operated except upon premises zoned for "M" uses, and, provided further that the operation of such uses shall comply with all pro- visions of this Code and all other applicable rules and regulations. SECTION 7-8 FORTUNE TELLERS, ETC. The business or occupation of fortune teller, clairvoy- ant, palmist, astrologer, phrenologist, character reader, spirit medium, absent treatment healer, and mind reader, hypnotist, mental healer, numerologist, and all other businesses and occupations of a simil- ar mature shall not be conducted or operated except upon premises zoned for "M" Uses. SECTION 7-9 LAUNDRIES. The business or occupation of commercial laundries, as commonly de- fined, and self service laundries (the business of offering to the public the use of automatic or hand operated washing, laundering or drying machines, whether operated by the customer or by an attendant, for a charge or fee), shall not be conducted except upon premises zoned for "M" Uses. SECTION 7-10 HOUSEBOATS, No boat, house- boat, vessel or watercraft of any kind may be used as a place of abode or dwelling while anchored, moored or tied up in any part of the Coral Gables waterway or canal, or within tthheacciity l.inita in 8is- - �D 29 Rev- 6-30-8 f i 126-67.1 MIAMI REACH C11N COKE 126-67.3 to purchasers, or who, without traveling from place to place, ahall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this section. The word "peddler" shall include the words 'hawker" and 'tuck ster." (Code 1960, 1 22.48; Ord. No. 83-2367, 14.) Sec. 2"7.1. Food —Selling from open air stands prohibited. From and after the first day of July, 1970, the sale, keeping, storage, or the offering for sale of any food from open air stands in the city shall be and the same is hereby prohibited. From and after such date, such sale, keeping, storage, or the offering for sale of any food from open air stands in the city shall be made only within the confines of an enclosed building except in those areas as designated and approved by the city manager. (Ord. No. 1818. 1 1; Ord. No. 83.2357. § 5.) See. 26-ti7.2. Outdoor storage prohibited. No food, goods, wares, merchandise or other like articles shall be exhibited, stored, or kept outside the physical confines of any store. Such items are specifically prohibited from being placed in any doorway, store entrarce, yard-, sid-walk, areaway or public thoroughfare or other similar locations; provided that, this section shall not apply to the sale of plants and flowers from florist shops and to items being offered for sale pursuant to revocable permits issued by the city commission for use of public rights -of -way. (Ord. No. 1818, 9 1; Ord. No. 82.2290, 8 1, Ord. No. 83.2391, 9 1.) See. 25.67.3. Same —Defined. For the purpose of sections 25-67.1 and 26-67.2, the word "food" is hereby defined to mean all articles used for human consumption as food, drink, confectionery or condiment. (Ord. No. 1818, 11.) 466.E c SuPp. /37. 14 M -- 5 S 26-86.01 MIAMI BEACH Ct'i1' Coon ! 26.87 approved by the chief building inspector of the city are provided. (Code 1950, ¢ 22.67. Sec. 25.86.01. Smoking prohibited in seating portion of Theater of the Performing Arty. It shall be unlawful for any person to light or smoke a cigarette, cigar, or pipe in the seating portion of the Theater of the Performing Arts. (Ord. No. 76-2053, § 1.) See. W4&1. Soliciting busieese in public flrom pedestaiam!' It shall be unlawful for any person, while upon any public street or sidewalk or while in arty building, doorway, stairway, window or other opening abutting on or adjacent to such street or sidewalk, to accost or attempt to accost any pedestrian on such street or sidewalk for the purpose of soliciting him to purchase any property, real or personal, or to solicit him to enter any place of business for the purpose of selling to or inducing or attempting to induce such pedestrian to purchase any property, real or personal. (Ord. No. 1514, § 1 I See. 25-87. Soliciting, etc., on private property. The practice of going in and ulx)n private residences, busineb,� establishments or offices in the cite by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owners or occupants of private residences, business establishments or offices, for the purpose of soliciting orders for sale of goods, wares and merchandise, or for the purpose of disposing of or peddling or hawking the same, is hereby declared to be a nuisance, and anyone violating this section shall, upon conviction thereof, be punished as provided in section 1-8. (Code 1950, 22.69.) k As to solicitations generally, w ch 38 or this Code. Supp. s39.10-84 J