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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01555 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"OFFENSES -MISCELLANEOUS," BY ADDING A NEW SECTION 37-8, ENTITLED
"PANHANDLING PROHIBITED IN CERTAIN AREAS;" CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is the intent of the City Commission in enacting this section to improve the quality of
life, to maintain and further expand the economic vitality of the City of Miami ("City") and to protect the
safety of the general public by imposing reasonable manner, time and place restrictions on
panhandling while respecting the constitutional rights of all citizens; and
WHEREAS, to effectively address the problems created by panhandling using the most narrow
means possible, the goal of this ordinance is to control panhandling in certain areas of the City where
the specific characteristics and uniqueness of those areas create situations where panhandling is
especially detrimental and deprives citizens, tourists and businesses of a safe and vital environment in
which to live, work or visit; and
WHEREAS, the City has invested hundreds of millions of dollars in the Downtown business district
of the City, and will continue to invest even more with the purpose of expanding the economic base of
the community, and given the City's investment, the prosperity of this area is integral to the continued
economic success of the City; and
WHEREAS, the quality of life of the general public of the City is significantly disturbed and
disrupted by an increase in panhandling within the Downtown business district, and panhandling
contributes not only to the loss of access to and enjoyment of public places, but also to an enhanced
sense of fear, intimidation, nuisance and disorder among the general population; and
WHEREAS, the economic vitality of the City is adversely affected by panhandling as it damages
otherwise positive experiences of the general public and tourists who are returning to the City's
Downtown business district and if panhandling continues in this area, the general public and tourists
will not return; and
WHEREAS, considering that the economic vitality of the City is significantly dependent on the
support of the public, tourists and businesses for the revitalization and continued liveliness within the
Downtown business district and that the area is a high priority in the City's plans to expand the
economic base of the City by attracting new investment and creating an attractive infrastructure to
encourage quality development, the proliferation of panhandling will derail the economic success of
this area; and
WHEREAS, the City has a responsibility to provide citizens with a safe, pleasant environment in
which to enjoy some of the City's greatest assets, such as the Downtown business district, and the
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safety of the public is threatened by the presence of panhandlers; and
WHEREAS, the restrictions on panhandling in this section are in areas where citizens are more
likely to be vulnerable to harassment and intimidation and where incidences of panhandling have the
greatest impact on the health and safety of persons within the designated areas and where incidences
of panhandling have the greatest impact on commerce, tourism and the attainment of the City's goals
set forth elsewhere in this ordinance; and
WHEREAS, this ordinance is timely and appropriate because current laws and City regulations
are insufficient to address the aforementioned problems, and the restrictions contained herein are
neither over broad nor vague and are narrowly tailored to serve a substantial government interest; and
WHEREAS, the goal of this section is to protect citizens from the fear, harassment and intimidation
accompanying panhandling, which has become an unwelcome, overwhelming and dangerous
presence in certain parts of the City;
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 37 of the Code of the City of Miami, Florida, as amended, is further amended in
the following particulars:{1}
"Chapter 37
OFFENSES -MISCELLANEOUS
Sec. 37-8. 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 areas threatens the
economic vitality of those areas, impairing the City's long term goals of attracting citizens, businesses
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, protecting tourism, encouraging expansion of the
City's economic base, and protecting the City's economy. The regulations in this section further these
substantial interests. This section is not 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.
{1) For purposes of this section, Downtown business district means the area generally described as
the area starting at the intersection of the centerline of NW Miami Court and the northern right-of-way
boundary of NW 1st Avenue, east along NW/NE 1st Street to Biscayne Blvd, north along Biscayne
Blvd to the northern right-of-way boundary of NE 9th Street, south along Biscayne Blvd to SE 1st
Street, west along SE/SW 1st Street to S, Miami Avenue, south along S. Miami Avenue to the
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southern right-of-way boundary of SW 10th Street, north along S. Miami Avenue to SE/SW 1st Street,
west along SW 1st Street to the eastern right-of-way boundary of SW 1st Avenue, east along SW 1st
Street to S. Miami Avenue, north along S. Miami Avenue to Flagler Street, west along Flagler Street to
the centerline of NW Miami Court, north along the centerline of NW Miami Court to NW 1st Avenue
point of origin, including, south half of Flagler Street from centerline of NW Miami Court west to
eastern right-of-way boundary of SW 1st Avenue, including S./N. Miami Avenue, SE/NE 1st Avenue,
SE/NE 2nd Avenue, SE/NE 3rd Avenue from SE 1st Street to NE 1st Street, including NE 3rd Street,
NE 4th Street, NE 5th Street from NE 2nd Avenue to Biscayne Blvd. All public streets indicated in this
boundary shall include the entire width of the public right-of-way unless otherwise specified.
Starting at the Brickell Bridge south of the Miami River on Brickell Avenue, south along Brickell Avenue
to SW 8th Street, including the entire width of the public right-of-way for Brickell Avenue.
Starting at the intersection of Biscayne Blvd and NE 2nd Street, west along NE 2nd Street to NE 2nd
Avenue, including the entire width of the public right-of-way for NE 2nd Street;
(2) Panhandling is defined as any solicitation made in person in which a request is made for an
immediate donation of money or other gratuity from another person.
(c) Prohibitions.
(1) Begging or panhandling is prohibited within the Downtown business district.
(d) Penalties. The first violation of this provision shall result in the issuance of a warning; the second
violation shall be punishable by a fine of not more than $100.00 and 30 days imprisonment; third and
subsequent violations shall be punishable by a fine of not more than $200.00 and 60 days
imprisonment.
fe) Alternative programs. Nothing herein shall limit the discretion of the police, court personnel, and
judges from referring individuals suspected, charged, or convicted of a violation of this provision to
treatment programs or facilities as an alternative to prosecution or imprisonment, provided that the
individual freely consents. For homeless individuals, such alternative programs shall include, but not
be limited to, the Miami Homeless Assistance Program.
Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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File Number: 07-01555
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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.
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