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Home My WebLink AboutO-13232City of Miami Legislation Ordinance: 13232 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01210 Final Action Date:11/18/2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " PANHANDLING PROHIBITED IN CERTAIN AREAS," MORE PARTICULARLY BY AMENDING SECTION 37-8 TO EXPAND THE BOUNDARIES WHERE PANHANDLING IS PROHIBITED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on May 22, 2008 the Miami City Commission adopted Ordinance No. 12997 establishing a no -panhandling zone in the City of Miami ("City") within the Downtown business district by imposing reasonable manner, time and place restrictions on panhandling, to among other things, improve the quality of life, maintain and further expand the economic vitality of this area of the City, protect the safety of the general public and protect citizens from the fear, harassment, and intimidation which is associated with panhandling; and WHEREAS, the establishment of the no -panhandling zone has been successful in addressing the negative impacts of panhandling within the Downtown business district and contributing to the revitalization of Downtown; and WHEREAS, the continued revitalization of Downtown has brought significant activity and investment to areas to the north and west of the existing no -panhandling zone, including but not limited to the area surrounding the American Airlines Arena and ancillary parking and retail; and WHEREAS, Downtown is home to the Miami Heat basketball team, housed at the American Airlines Arena; and WHEREAS, the Miami Heat basketball team recently kicked off a sold out season, increasing the number of tourists and members of the general public visiting the area, thereby adding to the economic vitality of the City; and WHEREAS, the economic vitality of the City is adversely affected by panhandling as it damages otherwise positive experiences of the tourists and general public visiting the area, causing tourists and the general public not to return to the area; and WHEREAS, the City has a responsibility to provide tourists and the general public with a safe, pleasant environment in which to enjoy the City's assets, and the safety of the public is threatened by the presence of panhandlers; and WHEREAS, in acknowledgement of these principles, it is appropriate to expand the boundaries where panhandling is prohibited; 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 City of Miami Page 1 of 3 File Id: 10-01210 (Version: 1) Printed On: 8/14/2017 File Number: 10-01210 Enactment Number: 13232 incorporated as if fully set forth in this Section. Section 2. Chapter 37, Section 37-8 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: N. Bayshore Drive from NE 13th Street to NE 15th Street Biscayne Boulevard from Biscayne Boulevard Way to NE 9th Street 15th 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 15th Street NE 1st Court from NE 12th Street to NE 14th Street SE/NE 1st Avenue from SE 3rd Street to NE 1st Street 14th 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 14th Street NW Miami Court from 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 Street from Brickell Avenue to SW 1st Avenue SE/SW 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/SW 2nd Street from Biscayne Boulevard to SE 1st Avenue SE/SW 1st Street from Biscayne Boulevard to SW 1st Avenue Flagler Street from Biscayne Boulevard to NW Miami Court City of Miami Page 2 of 3 File Id: 10-01210 (Version: 1) Printed On: 8/14/2017 File Number: 10-01210 Enactment Number: 13232 Flagler Street from NW Miami Court to NW 1st Avenue, South half only Flagler Street from NW 1st Avenue to NW 2nd Avenue 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 Avenue to NW 2nd Avenue NE 2nd Street from Biscayne Boulevard to NE 2nd' °sue 1st Avenue NE 3rd Street from Biscayne Boulevard to NE 2nd' °sue 1st Avenue NE 4th Street from Biscayne Boulevard to NE 2nd Avenue NE 5th Street from Biscayne Boulevard to NE 2nd' °sue 1st Avenue NE 6th Street from Biscayne Boulevard to NE 1st Avenue 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 Boulevard to NE 1st Avenue 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 Boulevard to NE 1st Avenue NE 13th Street from the Macarthur Causeway to NE 1st Avenue NE 14th Street from N Bayshore Drive to North Miami Avenue NE 14th Terrace from N Bayshore Drive to Biscayne Boulevard NE 15th Street from N Bayshore Drive 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. 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 upon 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 3 of 3 File Id: 10-01210 (Version: 1) Printed On: 8/14/2017