HomeMy WebLinkAboutO-14485City of Miami
Ordinance 14485
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19073 Final Action Date: 7/23/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "STREETS AND SIDEWALKS / IN
GENERAL," MORE PARTICULARLY BY AMENDING SECTION 54-1 OF THE
CITY CODE, TITLED "DEFINITIONS," AND SECTION 54-3 OF THE CITY
CODE, TITLED "PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR
CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF
FEES," TO REQUIRE SIDEWALK SAFETY AND TEMPORARY PEDESTRIAN
PROTECTION STRUCTURES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE.
SPONSOR(S): Mayor Eileen T. Higgins, Commissioner Damian Pardo,
Commissioner Rolando Escalona, Commissioner Ralph "Rafael" Rosado
WHEREAS, the City of Miami ("City") is a dense, pedestrian -oriented urban community
with substantial sidewalk activity throughout residential, commercial, and mixed -use areas; and
WHEREAS, the public right-of-way is a critical component of the City's transportation
network and public safety infrastructure; and
WHEREAS, construction, demolition, facade maintenance, and similar activities
frequently require the installation of temporary structures such as scaffolding, sidewalk sheds,
and fencing within or above the public right-of-way; and
WHEREAS, improperly designed, installed, or maintained temporary structures pose
risks to the public, including falling debris, obstruction of pedestrian travel, and structural failure;
and
WHEREAS, additionally, the City is located within a high -velocity hurricane zone and is
subject to tropical storms, hurricanes, and other severe weather events; and
WHEREAS, temporary structures within the public right-of-way present heightened risks
during severe weather unless properly designed, secured, or removed; and
WHEREAS, the City desires to establish clear, mandatory, and enforceable standards to
protect pedestrians, ensure sidewalk accessibility, maintain aesthetics, and limit prolonged
encroachments into the public right-of-way; and
WHEREAS, the City Commission would encourage Miami -Dade County to impose
enforceable standards to protect pedestrians and ensure sidewalk accessibility on County public
rig hts-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 3 File ID: 19073 (Revision: A) Printed On: 8/13/2026
File ID: 19073 Enactment Number: 14485
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 54, Article I of the City Code is hereby amended in the follow
particulars:'
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. — IN GENERAL
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein, shall have the meanings
ascribed to them in this Code, except where the context clearly indicates a different meaning:
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Scaffold means a temporary elevated platform used for construction, repair, or
maintenance.
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*
*
Sidewalk Protection Structure means any temporary structure, including sidewalk sheds,
overhead protection, scaffolding, or similar systems installed over or adjacent to a public
sidewalk to protect pedestrians.
Sidewalk Shed means a roofed, supported structure erected over a sidewalk to shield
pedestrians from overhead hazards.
Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes
traffic; fees; waiver of fees.
(b) Conditions. Such permit shall set forth minimal reasonable conditions, as permitted
by law, necessary for the protection of property and personal safety, the restoration
of the public right-of-way to a condition satisfactory to the city, and any on -going
maintenance or reparations for un-repaired conditions or damages that may be
required of the person(s) under the circumstances and extent of the work to be
performed or conducted by such person(s) under such permit. Any violation of the
conditions set forth and/or any violations under applicable law shall render such
permit null and void, without the necessity of any further action, hearing, or
proceeding. Such permit shall cover the length of time necessary and reasonable
according to the type of activity involved.
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 2 of 3 File ID: 19073 (Revision: A) Printed on: 8/13/2026
File ID: 19073 Enactment Number: 14485
(i) The permit shall include sidewalk protection as defined herein to adequately
protect pedestrians' uninterrupted, continued use of the public right-of-way,
inclusive of the sidewalk or any portion thereof for threshold structures as defined
by the Florida Building Code. At the discretion of the Department of Resilience
and Public Works, it may deem upon submittal of a report prepared by a Florida
licensed contractor and approved by a licensed engineer or architect that the
sidewalk protection is impractical.
(d) Temporary obstruction of streets and sidewalks.
(5) For purposes of this section, the following definitions shall apply:
Construction fence screen is a light, flexible fabric or solid panel bearing printed text
and pictures to give information about the construction project and with edge grommcts
to facilitate secured with the appropriate attachment to a rigid frame.
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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 adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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: 19073 (Revision: A) Printed on: 8/13/2026