HomeMy WebLinkAboutO-14282City of Miami
Ordinance 14282
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15763 Final Action Date: 5/9/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "PEDDLERS AND ITINERANT
VENDORS/SIDEWALK AND STREET VENDORS", BY CLARIFYING THE
DEFINITIONS FOR RIGHT-OF-WAY AND VENDING; PROVIDING FOR
PROHIBITIONS AGAINST VENDING IN THE MIAMI DESIGN DISTRICT
RETAIL STREET SPECIAL AREA PLAN, EXCEPT AS EXPRESSLY
APPROVED IN APPENDIX F OF THE MIAMI 21 CODE, AND FOLLOWING THE
ISSUANCE OF ANY REQUIRED PERMITS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, Chapter 39/Article II of the Code of the City of Miami, Florida, as amended
("City Code"), titled "Peddlers and Itinerant Vendors/Sidewalk and Street Vendors", regulates
vending on streets, rights -of -way, and publicly owned parking facilities within the City of Miami
("City"); and
WHEREAS, the City recognizes the unique character of the Miami Design District Retail
Street Special Area Plan and seeks to regulate vending within the right-of-way abutting these
properties, allowing exceptions as specified in Appendix F of the Miami 21 Code and following
the issuance of any required permits;
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 39/Article II of the City Code is further amended in the following
particulars:'
"CHAPTER 39
PEDDLERS AND ITINERANT VENDORS
ARTICLE II. SIDEWALK AND STREET VENDORS
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 3 File ID: 15763 (Revision:) Printed On: 7/28/2025
File ID: 15763 Enactment Number: 14282
Sec. 39-26. Definitions.
For the purposes of this article:
*
Right-of-way is defined as land dedicated, deeded, used or to be used for a street, alley,
walkway, sidewalk, boulevard, drainage facility, access for ingress or egress, or other purpose
by the public, certain designated individuals of governing bodies.
Vending is defined as the act of selling, offering for sale, transferring, or offering to
transfer food, merchandise or services to another for pecuniary gain including, but not limited to,
in a special vending district or vending district.
*
*
Sec. 39-32. Vending prohibited in certain locations.
Vending, but not peddling, is prohibited in the following locations:
(1)
areas.
Within special vending districts except within designated vending zones of said
(2) From a public parking lot, metered or unmetered parking space, on -street parking
space, or loading zone.
(3) Within 500 feet of any property used for school purposes (preschool, elementary,
secondary) on all school days between the hours of 7:00 a.m. and 4:30 p.m.
(4) On any combination sidewalk and curb width less than six feet in width.
(5) Within five feet of the entranceway to any building.
(6) Within 100 feet of any driveway entrance to a police or fire station, or within 20
feet of any other driveway.
(7) Within 20 feet of any bus stop zone.
(8) Within five feet of the pedestrian crosswalk at any intersection, or designated
pedestrian crossing point.
(9) Within ten feet of any handicapped parking space, or access ramp.
(10) Within 20 feet of a sidewalk cafe permitted pursuant to chapter 54 of the City
Code.
(11) Within the boundaries of the Wynwood Business Improvement District.
(12) Within the boundaries of the Coconut Grove Business Improvement District.
(13) Within the right-of-way abutting a T3 transect zone.
(14) Stationary vending is prohibited on any public right-of-way other than those
located and licensed in a defined special vending district, as allowed.
(15) Within the right-of-way abutting properties located in the Miami Design District
Retail Street Special Area Plan, except when expressly permitted by Appendix F of the Miami
21 Code, including any associated development agreements, and following the issuance of any
required permits.
*„
City of Miami Page 2 of 3 File ID: 15763 (Revision:) Printed on: 7/28/2025
File ID: 15763 Enactment Number: 14282
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
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 4/2/2024
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 3 of 3 File ID: 15763 (Revision:) Printed on: 7/28/2025