HomeMy WebLinkAboutO-14264City of Miami
Ordinance 14264
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15556 Final Action Date: 4/11/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"OFFENSE MISCELLANEOUS," TO REPEAL SECTION 37-8, TITLED
"PANHANDLING PROHIBITED IN CERTAIN AREAS," IN ITS ENTIRETY;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Willie White ("Plaintiff") and the City of Miami ("City") are engaged in
litigation in United States District Court for the Southern District of Florida, Case No. 23-CV-
24783-FAM, concerning the constitutionality of Plaintiff's arrests under Section 37-8 of the Code
of the City of Miami, Florida, as amended ("City Code") for panhandling in certain zones; and
WHEREAS, The City Attorney's Office investigated these claims, the existing caselaw,
and the lawsuit pursuant to Sections 18-221 through 18-232 of the City Code, and recommends
that Section 37-8 of the City of Miami Code of Ordinances be repealed;
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 by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, is
amended in the following particulars:1
"CHAPTER 37
OFFENSES -MISCELLANEOUS
Sec. 37-8. Reserved. Panhandling prohibited in certain areas.
{a) Purpose. The purpose of this section is to regulate and punish acts of panhandling or
solicitation that occur at locations specified herein. The purpose of this section is not to punish
the status or condition of any person. Regulation is required because panhandling in certain
or as thr atcns the cconomic vitality of those areas, impairing the city's long term goals of
attracting citizcns, busincsccs and tourist to these certain areas and, consequently, the city
overall. The city has substantial interests in protecting the city's investment in certain areas,
1 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 4 File ID: 15556 (Revision: A) Printed On: 4/22/2024
File ID: 15556 Enactment Number: 14264
intended to proscribe any demand for payment for services rendered or goods delivered. Nor is -
this section intended to prohibit acts authorized as an exercise of a person's constitutional right
to legally picket, protest or speak.
(b) Definitions. es of this section, Downtown business district mean€ the area
generally described as follows:
N. Bayshore Drive from NE 13th Street to NE 15th Street
Biscayne Boulevard from Biscayne Boulevard Way to NE 15th Street
SE/NE 3rd Avenue from Biscayne Boulevard Way to NE 1st Street
SE/NE 2nd Avenue from Biscayne Boulevard Way to NE 15th Street
NE 1st Court from NE 12th Street to NE 1/Ith Street
SE/NE 1st Avenue from SE 3rd Street to NE 1/lth Street
South/North Miami Avenue from Broadway to NE/NW 1st Street
North Miami Avenue from NE/NW 7th Street to NE/NW 8th Street
North Miami Avenue from NE/NW 10th Street to NE/NW 1/lth Street
Flagler Street to NE 1st Street, East half only
NW 1st Avenue from NW 1st Street to NW 3rd Street
NW 2nd Avenue from Flagler Street to NW 1st Street
Brickell Avenue from SE 8th Street to the South side of the Miami River Bridge
SE/SW 10th Strcct from Brickcll Avcnuc to SW 1 st Avcnuo
SE/SW 9th Strcct from Brickcll Plaza to SW 1 st Avcnuc
Biscayne Boulevard Way from Biscayne Boulevard to SE 2nd Avenue
SE 3rd Street from Biscaync Boulcvard to SE 2nd Avcnuo
SE/SW 2nd Street from Biscayne Boulevard to SE 1 st Avenue
SE/SW 1 st Strect from Bi:-.;caync Boulcvard to SW 1 st Avcnuo
Flagler Street from Biscayne Boulevard to NW Miami Court
Flagler Street from NW Miami Court to NW 1 st Avenue, South half only
Flagler Street from NW 1 st Avcnuc to NW 2nd Avcnuc
City of Miami Page 2 of 4 File ID: 15556 (Revision: A) Printed on: 4/22/2024
File ID: 15556 Enactment Number: 14264
NE 1st Street from Biscayne Boulevard to NW Miami Court
NE 1st Street from NW Miami Court to NW 1st Avenue, North half only
NE 1st Street from NW 1st nvcnuc to NW 2nd nvcnuc
NE 2nd Street from Biscayne Boulevard to NE 1st Avenue
NE 3rd Street from Biscayne Boulcvard to NE 1stAvcnuc
N€ 4thS#eet fr m Bi yn ulev d to NE 2n eee
NE 5th Street from Biscayne Boulcvard to NE 1stAvcnuc
NE 6th Street from Biscayne Boulcvard to NE 1stAvcnuc
NE 7th Street from Biscayne Boulevard to North Miami Avenue
NE 8th Street from Biscayne Boulevard to North Miami Avenue
NE 9th Street from Biscayne Boulcvard to NE 1stAvcnuc
NE 10th Street from Biscayne Boulevard to North Miami Avenue
NE 11th Street from Biscayne Boulevard to North Miami Avenue
NE 12th Street from Biscayne Boulcvard to NE 1stAvcnuo
NE 1-3th Street from Macar r ray 1seayto ^�E1-st Avenue
NE 14th Street from N Bayshorc Drivc to North Miami nvcnuc
NE 14th Terrace from N Bayshore Drive to Biscayne Boulevard
NE 15th Street from N Bayshorc Drivc to NE 2nd nvcnuc
All public streets indicated in this boundary shall include the entire width of the public right
of way unle-s otherwise specified.
district.
(d')-Penn-alties T stv t+en-ef-this provision shall be punishablc by a fine of not more than
$100.00 and 30 days imprisonment; second and subsequent violations shall be punishable by a
fine of not more than $200.00 and 60 days imprisonment.
(e)Alternative programs. Nothing herein shall limit the discretion of the police, court personnel,
and judgcs from rcfcrring individuals suspcctcd, charged, or convicted of a violation of this
provision to treatment programs or facilities as an alternative to prosecution or imprisonment,
shall include, but not be limited to, the Miami Dade County Homele-s Assistance Project.
City of Miami Page 3 of 4 File ID: 15556 (Revision: A) Printed on: 4/22/2024
File ID: 15556 Enactment Number: 14264
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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.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor ey 2/12/2024
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 4 of 4 File ID: 15556 (Revision: A) Printed on: 4/22/2024