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HomeMy WebLinkAboutO-12997City of Miami Legislation Ordinance: 12997 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01555 Final Action Date: 5/22/2008 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 City of Miami Page 1 of 4 File Id: 07-01555 (Version: 41 Printed On: 5/3/2017 File Number: 07-01555 Enactment Number: 12997 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 follows: City of Miami Page 2 of 4 File Id: 07-01555 (Version: 41 Printed On: 5/3/2017 File Number: 07-01555 Enactment Number: 12997 Biscayne Boulevard from Biscayne Boulevard Way to NE 9th Street SE/NE 3rd Avenue from Biscayne Boulevard Way to NE 1st Street SE/NE 2nd Avenue from Biscayne Boulevard Way to NE 5th Street SE/NE 1st Avenue from SE 3rd Street to NE 1st Street South/North Miami Avenue from Broadway to NE/NW 1st Street NW Miami Court from Flagler Street to NE 1st Street, East half only Brickell Avenue from SE 8th Street to the South side of the Miami River Bridge SW/SE 10th Street from Brickell Avenue to SW 1st Avenue SW/SE 9th Street from Brickell Plaza to SW 1st Avenue Biscayne Boulevard Way from Biscayne Boulevard to SE 2nd Avenue SE 3rd Street from Biscayne Boulevard to SE 2nd Avenue SE 2nd Street from Biscayne Boulevard to SE 1st Avenue SE 1st Street from Biscayne Boulevard to SW 1st Avenue Flagler Street from Biscayne Boulevard to NW Miami Court Flagler Street from NW Miami Court to NW 1st Avenue, South half only NE 1st Street from Biscayne Boulevard to NW Miami Court NE 2nd Street from Biscayne Boulevard to NE 2nd Avenue NE 3rd Street from Biscayne Boulevard to NE 2nd Avenue NE 4th Street from Biscayne Boulevard to NE 2nd Avenue NE 5th Street from Biscayne Boulevard to NE 2nd Avenue All public streets indicated in this boundary shall include the entire width of the public right-of-way unless otherwise specified. (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 or 30 days imprisonment; third and subsequent violations shall be punishable by a fine of not more than $200.00 or 60 days imprisonment. (e) 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. City of Miami Page 3 of 4 File Id: 07-01555 (Version: 41 Printed On: 5/3/2017 File Number: 07-01555 Enactment Number: 12997 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} 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. City of Miami Page 4 of 4 File Id: 07-01555 (Version: 41 Printed On: 5/3/2017