HomeMy WebLinkAboutO-14182City of Miami
Ordinance 14182
al111 II li.RR I +
Legislation
File Number: 14018
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/8/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK
AND STREET VENDORS," TO REGULATE THE SALE OF CERTAIN ITEMS BY
PEDDLERS, ADDING DEFINITIONS AND REGULATIONS AND PROVIDING
PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, Chapter 39, Article II of the Code of the City of Miami, Florida, as amended,
("City Code") sets forth requirements for peddlers and itinerant vendors in the City of Miami,
Florida ("City"); and
WHEREAS, the City desires to clarify and provide new regulations related to the sale of
consumer items from mobile vehicles, other than "mobile food dispensing vehicles" as defined in
Section 509.102, Florida Statutes, as amended; and
WHEREAS, the proliferation within the City of peddlers and vendors who conduct sales
from mobile vehicles has a negative effect on the ability of the brick and mortar retail
businesses, that are the backbone of a local economy to thrive; and
WHEREAS, the heretofore unregulated nature of the mobile sales vehicles has led to
the sales of products that the City has determined should be regulated; and
WHEREAS, this amendment will bring a greater uniformity, calmness and enjoyable
experience to the use of the City's public rights -of -way for both residents, brick and mortar
businesses and visitors and is in the best interests of our community as a whole;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 39, Article II of the City Code is amended in the follow particulars:'
"CHAPTER 39
PEDDLERS AND ITINERANT VENDORS
' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 1 of 5 File ID: 14018 (Revision: A) Printed On: 7/3/2023
File ID: 14018
Enactment Number: 14182
ARTICLE II
SIDEWALK AND STREET VENDORS
Sec. 39-26. - Definitions.
For the purposes of this article:
Business tax receipt (BTR) as defined in Chapter 31 of the City of Miami Code.
Flowers, plants and produce means freshly cut flowers and fresh fruits and vegetables but
does not include consumable hemp or cannabis aroducts.
Mobile food dispensing vehicle means any vehicle that is a public food service establishment
and that is self-propelled or otherwise movable from place to place and includes self-
contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal
or as defined in Section 509.102, Florida Statutes, as amended.
Mobile sales vendor means any person engaged in retail sales from a Motor vehicle, other
than a Mobile food dispensing vehicle, that sells consumer products and is self-propelled or
otherwise movable from place to place and includes self-contained utilities, including, but not
limited to, gas, water, electricity, or liquid waste disposal.
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 highway safety and motor vehicles.
Sec. 39-38. - Prohibited conduct.
No vendor shall:
(1) Leave any stand or motor vehicle unattended.
City of Miami Page 2 of 5 File ID: 14018 (Revision: A) Printed on: 7/3/2023
File ID: 14018
Enactment Number: 14182
(2) Store, park, or leave any stand overnight on any street or sidewalk, or park any
motor vehicle other than in a lawful parking space, in conformance with city and
state parking regulations.
(3) Sell food for immediate consumption unless he/she has available for public use
his/her own litter receptacle, which is available for his/her patrons' use.
(4) Allow or keep any animals in motor vehicles or stands.
(5) Leave any location or vending zone without first picking up, removing, and
disposing of all trash and refuse remaining within a 15-foot radius. Each vendor
shall be responsible for maintaining a 15-foot radius trash and refuse clear area
around himself/herself. Said area shall overlap other vendor cleanup areas and
no vendor shall leave a location, or vending zone, without cleaning up as
required.
(6) Allow any items relating to the operating of the vending business to be placed
anywhere other than in, on, or under the stand or motor vehicle.
(7) Set up, maintain, or permit the use of any table, crate, carton, rack, or any other
device to increase the selling or displaying capacity of his/her stand, or motor
vehicle, where such items have not been described in his/her application.
(8) Solicit or conduct business with persons in motor vehicles located on traffic
lanes of public streets and highways.
(9) Sell anything other than that for which he/she is licensed to vend.
(10) Use any noise -making device after 9:00 p.m., except during special events, and
at no time shall such a vendor use his/her traffic warning device on any vehicle,
except to give necessary signals while in traffic. It shall be unlawful for any
vendor to use any noise -making device that either annoys, disturbs, injures, or
endangers the comfort, repose, health, peace, or safety of others within the
city. Any vendor who violates this section shall upon written notice from the city
manager or his/her authorized representative remove said noise -making device
from the vehicle or reduce the volume of such noise -making device so that the
same shall not be in violation of this section. Failure to comply with such notice
shall subject such a vendor to the penalties as set forth in section 39-50.
(11) Allow the stand or any other item relating to the operation of the vending
business to lean against or hang from any building or other structure lawfully
placed on public property.
(12) Allow any animals to remain within 25 feet of a stand for a period longer than
necessary to complete a sale to the person having possession, or control of
said animals.
(13) No vendor or Mobile sales vendor vending from a motor vehicle shall:
City of Miami Page 3 of 5 File ID: 14018 (Revision: A) Printed on: 7/3/2023
File ID: 14018
Enactment Number: 14182
a. Conduct his/her business in such a way as would restrict or interfere
with the ingress or egress of the abutting property owner or tenant, or
create or become a public nuisance, increase traffic congestion or
delay, or constitute a hazard to traffic, life or property, or an obstruction
to adequate access to fire, police or sanitation vehicles.
b. Stop, stand, or park his/her motor vehicle upon any street, or permit it to
remain there except on the roadway at the curb for the purposes of
vending therefrom or in instances where there is no curb, off the
roadway. In either instance, sales shall be to occupants of abutting
property only.
C. Stop, stand, or park his/her motor vehicle upon any street for the
purpose of selling, or sell on any street under any circumstances during
the hours when parking, stopping or standing has been prohibited by
signs or curb markings or is prohibited by statute or ordinance.
d. Remain in any one place for a period longer than necessary to make a
sale after having been approached or stopped for that purpose.
e. Stop, stand, or park his/her motor vehicle within 20 feet of any
intersection, except that vehicles vending products likely to attract
children as customers shall park curbside when stopping to make a
sale, as close as possible to a pedestrian crosswalk without entering the
intersection or otherwise interfering with the flow of traffic.
Vend within a restricted or special vending district.
g. Vend anywhere prohibited by section 39-32(2) through (9) or engage in
right-of-way Stationary Vending anywhere in the City other than a
Special Vending District under the applicable Special Vending District
requirements.
h. Vend any product other than flowers, plants, or produce.
Sec. 39-50. - Penalty.
Except as may be provided in section 39-51, any person violating any provision of this article
shall be guilty of a misderneaReF and i PGR GGRVOGtOGR shall be punished as provided in section
1-13, or pursuant to chapter 2, article X of the City Code. These penalties shall not preclude any
other remedies available at law or in equity, including, injunctive relief in the circuit court.
Sec. 39-51. - Violation a nuisance; summary abatement.
(a) The placement of any stand or device on any sidewalk or street in violation of the
provisions of this article is declared to be a public nuisance. The police department may cause
the removal of any stand or device found on a sidewalk or street in violation of this article and is
City of Miami Page 4 of 5 File ID: 14018 (Revision: A) Printed on: 7/3/2023
File ID: 14018
Enactment Number: 14182
authorized to store such stand or device until the owner thereof shall redeem it by paying the
removal and storage charges therefor to be established by the police department.
(b) Any Motor vehicle operated by a Mobile sales vendor in violation of this article may be
seized and impounded by the City. The Motor vehicle will be returned to the Mobile sales
vendor after any towing and storage fees have been satisfied.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i ria i ndez, City Attor ey 511612023 i ria i ndez, ity Attvr ey 6/22/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 5 of 5 File ID: 14018 (Revision: A) Printed on: 7/3/2023