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Home My WebLink AboutO-09669J-$3-' 58 9/6/S3 ORDINANCE NO, 9 6 6 9 AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, AS AMENDED, BY AMENDING SECTION 39-13 THEREOF ENTITLED "LICENSE NOT APPLICABLE IN CERTAIN AREAS OF THE CITY DURING CERTAIN TIME PERIODS," BY PROVIDING FOR IMPOSITION OF RESTRICTIONS, AFTER COMMISSION ACTION, UPON RETAIL PEDDLER LICENSES ISSUED DURING ANY FISCAL YEAR, - AUTHORIZING THE DIRECTOR. OF FINANCE TO NOTIFY ALL AFFECTED LICENSEES; AND CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, thousands of pedestrians travel the sidewalks of the core area of downtown bounded by N.E. and N.W. 5th Street, the Miami River, Biscayne Boulevard, and S.W. and N.W. 2nd Avenue each day; and WHEREAS, the narrow (6' - 121) sidewalks, which contain numerous permanent information signposts, further reducing usable space in the above described area, become very congested during periods of heavy pedestrian use and cannot safely handle the various peddler vehicles which often take up 50 percent of the. sidewalks width and 100 percent of the sidewalk width during_ turning maneuvers or passing by other peddlers vehicles; and WHEREAS, during the last year retail peddlers and their pushcarts and apparatus on sidewalks in the downtown area have proliferated and compete with pedestrians for sidewalk space; and _„WHEREAS, the sheer number of peddler vehicles is threatening to overwhelm the Flagler Street and core -area sidewalks, forcing pedestrians into the street and subjecting said pedestrians to, the risk of being struck by motor vehicles; and WHEREAS, peddlers are often blocking ingress and egress to buildin9s.on certain streets in the above -described core area, creating a hazardous condition, and WHEREAS, members of the City'a police department and, other. observers, have witnessed collisions between pedestrians and said, ppipocartal, and WHtREAE, pedestrians have been forced into the streets to avoid being hit by or walking into pushcarts; and WHEREAS, on August 5, 1983, a hotdog pushcart exploded and burned on the sidewalk at S.E. 3rd Avenue and S.E. 1st Street, injuring the operator and forcing several pedestrians to run for safety; and WHEREAS, scores of arrests have been made in the downtown area for violation of the City Code provisions regarding the licensing requirements of and operating restrictions on street vendors; and WHEREAS, vendors, both with and without the appropriate city licenses, have been observed distributing food items in a manner and form not consistent with the requirements of the Dade County Health Department, thus exposing users to possible health hazards; and WHEREAS, continuation of the sidewalk peddler situation in the core area of downtown, as it now exists, may result in _ injury to the public and possible claims of liability against the City -,,and s WHEREAS, the City is empowered under Section 3(hh) of the City Charter to regulate and control the use of and the traffic i on its streets, sidewalks, and public places, as well as to "sup-- press and prohibit . . . peddlers . . . upon such streets,}. sidewalks, and public places"; and WHEREAS,'the City is presently preparing a new comprehensive vendors' ordinance . for the City o"f Miami, including the above -iv described "core' area"; and WHEREAS, plans.are underway by the Downtown Development h. Authority and the City Planning Department to create 'and desi.g", a� nate specific vending areas along the sidewalks of the core.axea of downtown that are of suitable width to allow for safe ,pedes- .. d� -tVian flow, as well as the sale of goods from peddlers standal and �. i } 5 I V . WHEREAS# the issuance of occupational licenses will commonce October it 1963 and therefore necessitates that this ordinance be considered as an emergency measure; NOW# THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI# FLORIDA: Section 1. The Code of the City of Miami# Florida, as amended+ is hereby further amended in the following particulars:l "CHAPTER 39 PEDDLERS, ITINERANT MANUFACTURERS, LOCKSMITHS AND TOOL GRINDERS, ICE CREAM VENDORS r ARTICLE II PEDDLERS Sec. 39-13. License not applicable in certain areas of the city during certain time periods. (a) Licenses issued under the provisions of Chapter 31 to retail peddlers shall not be applicable within certain areas of the city designated by the city manager, during specified time periods. The areas so designated shall not encompass more than five (5) percent of the total land area of .the city; the total of the time periods so specified shall not exceed thirty (30) days in any fiscal year. (b) All said Retail Peddler licenses issued shall be suFlect to the a l tiona con ition that t o fact3rof e estrian safet and convenience maX re uire, during an isca __ ear, restrictions upon said licenses imposed reso ution or ordinance of the City Commission after d e ppu�� c not ce ana bearingrelated, but not limitedr,,to tKIF following: (1) Proscribed areas of vending activity; (2) -Hours of salep number of licensees 'permitted' n congested areas of Me - City; (3.) _Nature of products permitted to be sold under said licenses, {4) Design, size type and noise level of " vend n j vehicles or apparatus; 5) Control of litter." Wordy 404 figures stric%en through shall be deleted, Underscored wordo and figures shall be added. The remaining provisions are now in sffact and remain unchanged. Asterisks indicate omitted .end luttch4aged material. 3 o tom. �t N Section 2. The Director of Finance is hereby authorized to notify affected licensees of the above described possible restrictions on all new licenses. Section 3. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 4. 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 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, and upon further ground of the necessity to provide for orderly and harmonious use of the congested downtown streets, sidewalks, and public right-of-way by retail peddler and pedes- trian traffic. 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 this Commission. 1983. PASSED AND ADOPTED this 7th day of September • Maurice A. F-rr MAURICE A. FERRE, MAYOR ?ALPfr ST: V 1, Itat;sh G. Uneie, Clerk of the City of I�iiaini! Flt� tda, t . RG. ONGTE hrr, i?; t. t ,j that an tile..,/..�iid�y of.. CLERK. U, 19_93 a Situ, true and correct copy os tat.=`p an.1 ordinance was posted .at ,,the mouth .13��or `.•' z; of the Woe county Court House at the. ,place provide a 7' PREPARED AND APPROVED BY: for notices and publications by attaching said ►�py in R , the place provided therefor. { NI1'NC S my hand and the, official seal I► E MAXWELL City tlis../,.(�..»,.. ay, i7►, SISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: rs,� VRD SA CITY ATTORNEY!�3ta a kC 4- , e' M1 77 ! CITY OP MiAMt* m 1 1NTP-Fk OF:PI+C#. Nle:MORANOUM Honorable Meyer and Members DATE: September 7) 198�':. of the City Commission SU9JEC-. Emergency Ordinance on Peddler Liceneea ; P}tOM: Wyse RGarcia-Pedrosa REFERENCES: Item2q, Agenda of 9;°_'''^3 City Attorney / tf ENCLOSURES: Attached please find Agenda Item #29, an Emergency Ordinance which pertains to retail peddler licenses. ;-sL 3GP/AQJ/rr �L • ; ."fir aj°µ1.t. - Kb..77*�rl�t z jr - ��•��"8.�'R� ,��j �� § ;ki _ 5 SS S- 24, { { § y: %.!,'��tg {": <.. ..,f f."Sk.�.i%�.1;. ;4'Sft...� _ _ CItY OP MIAMI, IN-t F! MGM iPAN DUM 1`�F� _ v C - .. o. Honorable Mayor, &A3 SEP �'S A�q 7= O�ATE: Septefnber 2 1 8 FILIt: f Cit C - Member# o the y � t�.jC-rk-, t r. IT.Y C F K SUBJECT: Sidewalk and Street pedeatkii MI, ALA. Ordinance Pedestrian f arcia�pedrosa �y ,y 'lot, e REFERENCES: Item No. i5 of the ►7�.p4.emb City Attorney 7r 1983, City Commission A40h SwF ENCLOSURES: With no definitive plan established as yet to resolve the problem 4 of hazardous conditions created by street and sidewalkpedestrian/ peddlers, we are recommending a substitute ordinance for the above agenda item substantially as follows: :.;. "All said licenses are hereby issued subject to the additional condition that the factor of pedestrian safety and convenience may require, during the fiscal year, imposition of restrictions upon said licenses being imposed by resolution or ordinance of the City Commission after due public notice and hearing related to the following: 1 a. Limitation of hours of sale and number of licenses 1 permitted in congested areas of the City; b. Mature of products permitted to be sold under said licenses; { c. Design, size and noise level of vending vehicles or apparatus; H d. Litter control." ' the issuance of occupational licenses October 1, 1983, the Due to item must be considered as an emergency measure. JGP : RFC : is lx cc: Howard V. Gary _ s City Manager Ralph G. Ongie� City Clerk n. } i "hie t `'�� }' ....•-' :-. t.;. - _ - +� Y �„ E. 'Sik -- - `.� 3 L } - �•'� rk7fkj -fit { f 4- ::rK� _ Cv "-ttAc # tl., f i _ �, -t rt7,,s.^v, �y.. 1:.�RKJ�t1,jjF�'. h it �f✓ 4.,,,.?2i .' ��; �' :C " h ty ,i�St:F'3 a t ,� •.. -OJT i i IAnDUM downtown de uelc pment authdfity � r ?0' Howard V. Gary DATE: August 19; 1983 City Manager Roy F. Kenzie !`Fib11At `-!� DEFERENCE: Sidewalk Vending Executive Director.=— Downtown.Development) hor1ty W i f redq Go ' �� s Executive 6 i rector Downtown Miami 8osi ss Association - ._:v '= r: _ :: A f` RECOMMENDATION 1t is recommended that an emergency ordinance be adopted that prohibits sidewalk ` vening:for- 115 days in an'area of downtown bounded by N.E./N.W. 5th Street,.,..- -8lscayne Boulevard, the Miami River, and N.W./S.W. 2nd Avenue. BACKGROUND Over the last year the number of sidewalk vendors operating 'unrestrict4A on downtown's narrow sidewalks has proliferated to a point where the safety. and y.. well-being of'pedestrians is in jeopardy.- h DD d DMBA feel that vending in the core area of downtowrr should be= ee5tri,cled``= The A an g T� -to .fixed locations distributed to vendors on a.lottery basis."- °These'.ver�ding;a A -� .: would b' ,designated ',in. locations out of the direct flow -of sidewalks. Plans are underway now to remove the low', plantar 'areas�L,at, in,tersecti$t�s R, s and 1nid -block along Flagler Street with the specific purpose Of,;,widening the;.y sidewalk ' i n these areas for vending. The remaining s V dewa l Its` et ang the ,5tresC.1`,, and °avenues of the core area are being examined for safe.`and�appropr�ate.'Veh locations also. 12, tr r its. esli�natsd that 'approximately four months will -be required to. make sidaw�lk.A Improvements_ and -to' establ i sh ui del fi nes and rocedures that wi 1.1, . overri the fixed p 1pcation verlding-"that,.we.ar"e:proposing. s vy 41intll=;tlii.s revised vending program is in place, no further vetidi, 'h A 4 be =. Perml teed• wi th i n the area previously 'identified if pedestrian safety and-;.i.f_ . .. _ ��;are_;_ to"- be. i ns_ ur'ed r • � � ,�'�Y�...� ��. The current situation is resulting in blocked-'=:5.idewik$,`,-pe estrt"ao'A a '.,col17$.ions- between. pedestrians. and.,vending certs,''widespread' ttein .and�aj; dlffict�l>r police. -and Dade bounty Health Department onforcan�n.t prQ vaat`-nambers of,vendors..nperating from a myriad Qf'haphaiard Vona,, x;a throughout downtownmake enforcement of the -i icensing, health_k� .'povisions cif the applicable sections of the City. ;onearby ~h -Corroctive action Is needed immediately. ;fit .tea tmef • Inliami R (10thm 1p i { . '. - - - - `` v -rat -iaS �� ' �• �a ," . . _ . r�,a.• _ -.�,_ ...s e:� _`,, ,;..., ,. x,. _,. . a - - . ... r:..- .. ,....: `,.n e .. uw � roc.... _ _ r >'.�r,F.k _�S..a.... ;,�<a ,.` _ . �. ,4 '1,,' ��g111NIifWN!_ I�+q�!�"�S' t; j�1 �`�r` f� cT ,ry, �+ t., � ,y s a ��.. -� - 5,za - ,� ,��, ,�s.' i' � :!K �y — — _ __ _ R K ��i: �: is .. �.�. _ _ __ _ _ _ �L