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HomeMy WebLinkAbout2025-003-483_-_Clean_Zone_Ordinance_Amendment_- AdoptedORDINANCE NO. 2025-003-483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 6 “BUSINESSES”, ARTICLE V - “SALE OF MERCHANDISE”; SECTION 6-195 “SELLING, SERVING, VENDING, SOLICITING IN PUBLIC RIGHTS-OF-WAY GENERALLY” OF THE CODE OF ORDINANCES TO AMEND THE ESTABLISHED TIME FOR THE CLEAN ZONE DURING STADIUM EVENTS TO ESTABLISH A RESTRICTED STADIUM ZONE TO PROHIBIT THE OPERATION OF PEDICABS, GOLF CARTS AND LOW SPEED VEHICLES IN SAID ZONE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Hard Rock Stadium is a multi-purpose sports and entertainment venue located in the City of Miami Gardens that hosts major events, including but not limited to Miami Dolphins games, University of Miami football games, the Formula 1 Miami Grand Prix, the Miami Open, soccer matches, concerts, and other large public gatherings (hereinafter referred to as "Stadium Events"), and WHEREAS, during Stadium Events, the anticipated number of people in and around Hard Rock Stadium area will drastically exceed the typical number of people in the area, and WHEREAS, the City of Miami Gardens has determined that the illegal operation of Pedicabs, Golf Carts, or Low-Speed Vehicles (LSVs) on Public Right-of-Ways vehicular and pedestrian safety hazards and traffic congestion, and WHEREAS, the City of Miami Gardens has determined that the legal and illegal operation of Pedicabs, Golf Carts, or LSVs create vehicular and pedestrian safety hazards and traffic congestion on police officers, emergency medical services personnel, traffic crossing guards, and other first responders and public safety officers who provide services in connection with Stadium Events, guests attending such Stadium Events, employees and vendors working at such Stadium Events, and the residents of the City of Miami Gardens, and WHEREAS, previously the City Council adopted Ordinance No. 2022-009-450 establishing a clean zone regulating the sale or distribution of merchandise, goods, or wares on city streets and sidewalk by vendors, peddlers, and street ticket sellers in the clean zone during the Formula 1 Miami Grand Prix and related activities each year within the City, and WHEREAS, Councilman Leon desires to amend the regulations relating to the clean zone to create a Restricted Stadium Zone to prohibit the operation of pedicabs, Page 2 of 8 Ordinance No. 2025-003-483 Added language is underlined.  Deleted language is stricken through.  golf carts, and low-Speed vehicles in the Restricted Stadium Zone on Stadium Event days to promote public safety and to restrict unreasonable interference with the flow of pedestrian and vehicular traffic during Stadium Events, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Chapter 6 “BUSINESSES”, Article V – “Sale of Merchandise”; Section 6-195 “Selling, Serving, Vending, Soliciting in Public Rights-Of- Way Generally” of the Code of Ordinances is hereby amended as follows: Sec. 6-195. - Selling, serving, vending, soliciting in public rights-of-way generally a. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Authorized User shall mean any person expressly authorized by or affiliated with Event Organizer to operate a Golf Cart or Low-Speed Vehicle within the Restricted Stadium Zone for legitimate business purposes in connection with a Stadium Event, and who has the legal authority in accordance City of Miami Gardens codes and regulations, Florida Statute §316.212, §316.2122 and any other relevant Florida Statute to operate any such vehicle or cart. Event Organizer shall ensure that appropriate decals and/or other identifiers are provided to Authorized Users. Persons without authorized decals and/or other identifiers will be considered to be in violation of this Section. Event Organizer shall mean South Florida Stadium LLC d/b/a Hard Rock Stadium. Golf Cart shall mean any motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes, as defined in Florida Statute §316.212. Low-Speed Vehicle (LSV) shall mean any motor vehicle as defined by Florida Statute §316.2122, with a top speed greater than 20 mph but not exceeding 25 mph. Pedicab shall mean any device that has three or more wheels, that transports, or is capable of transporting passengers on seats attached to the device, that is propelled solely by human power, and that is used for transporting passengers "for hire," including for tips or any other forms of compensation or barter, regardless of whether a passenger is being transported. Public Right-of-Way shall mean any street, avenue, boulevard, highway, roadway, pathway, sidewalk, alley, swale, or similar place normally accessible to the public for public transportation purposes, which is owned or controlled by a government entity. Page 3 of 8 Ordinance No. 2025-003-483 Added language is underlined.  Deleted language is stricken through.  Restricted Stadium Zone shall mean the rectangular-shaped area bounded by NW 203rd Street on the north, Florida Turnpike overpass on the east, NW 19500 Block on the south, and NW 27th Avenue on the west, inclusive of such streets and the Sidewalks or Swale on both sides of such streets. A map showing the geographical boundaries of the Restricted Stadium Zone is attached and incorporated as Exhibit A. Sidewalk means any surface provided primarily for the use of pedestrians on any public right-of-way under the jurisdiction of the City. Stadium Event shall mean any publicly ticketed event held at Hard Rock Stadium, including but not limited to Miami Dolphins games, University of Miami football games, the Formula 1 Miami Grand Prix, the Miami Open, soccer matches, and concerts, and in the case of a multi-day event, shall mean each individual day of such multi-day event. Swale means that area between the sidewalks and the curb of any roadway, and, where there is no sidewalk, that area between the edge of the roadway and property line adjacent thereto. The term "swale" shall include any area within a street that is not open to vehicular travel. a. (b) In accordance with F.S. § 316.2045, it shall be unlawful for any person or entity: 1. To obstruct the free, convenient, and normal use of any street, highway, or road in the city by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon. 2. Without a lawful permit issued by the city, to willfully obstruct the free, convenient, and normal use of any public street, highway, or road by any of the means specified in subsection (a)(1) of this section in order to solicit. b. (c) It shall also be unlawful for any person to conduct the business of collecting, displaying or selling merchandise or services from the public rights-of-way within the limits of the city. Specifically prohibited under this section are street vendors and/or sale of food of any kind, flowers, goods, wares, services or merchandise from a vehicle cart or other apparatus used to transport goods, whether motorized or not, regardless of the number of wheels affixed thereto or on foot. 1. The City of Miami Gardens City Council hereby establishes these terms and conditions for the 2022 Formula 1 Miami Grand Prix (“Grand Prix”) to be hosted at Hard Rock Stadium by South Florida Motorsports LLC (“Event Organizer”), and all subsequent Grand Prix Stadium Events within the clean zone, as defined in Section 6-195(3) herein, which will provide for the safe and orderly use of City streets and sidewalks by sidewalk vendors selling goods or services in the clean zone, commencing annually at 12:01 a.m. on the Monday twenty-four (24) hours immediately preceding any Stadium Event and conclude at 11:59 p.m. on the Monday of twelve (12) hours preceding the end of the Stadium Event the Grand Prix championship race (“the clean zone period”) where the first Grand Prix, shall commence at 12:01 A.M. on Monday, May 2, 2022 through 11:59 P.M. on Monday, May 9, 2022. In addition, it shall be unlawful for any person, other than an Authorized User, to operate or allow to be operated a Pedicab, Golf Cart, or Low- Speed Vehicle on Public Right-of-Ways in the Restricted Stadium Zone as defined in 6-195 (a) during the period of time beginning three (3) hours before the start of any Stadium Event and ending one (1) hour after the conclusion of such Stadium Event. Page 4 of 8 Ordinance No. 2025-003-483 Added language is underlined.  Deleted language is stricken through.  2. The city manager is authorized to take such actions as are necessary and proper to implement regulate the Grand Prix and related events activities within the clean zone and the restricted stadium zone, as defined in Section 6-195 herein. 3. The portion of the city within the boundaries is hereby designated as the “clean zone.” (3) The geographical boundaries of the clean zone shall consist of the area described and bounded as follows: The “clean zone” is designated as NW 32 Avenue on the west, County Line Road on the north, NW 12 Avenue on the east and NW 183 Street on the south. 4. The “clean zone” shall encompass all property within the boundaries described in paragraph (f) including the entire right-of-way of the described boundaries and the properties abutting NW 32 Avenue on the west, County Line Road on the north, NW 12 Avenue on the east and NW 183 Street on the south. A map showing the geographical boundaries of the clean zone is attached and incorporated as Exhibit AB. 5. Because of the heavy concentration of pedestrians and to provide for pedestrian health, safety, and general welfare, canvassing (including distribution of flyers and pamphlets) and the distribution of free samples of goods, wares, or merchandise is prohibited in the clean zone, during the clean zone period. 6. The distribution or provision of commercial handbills, circulars, cards, posters, pamphlets, brochures or booklets, free products, service or coupons (otherwise referred to as sampling) and other promotional giveaways on a public street, sidewalk, public right-of-way, or any other City- owned property within the clean zone, unless sanctioned and authorized by the city or by the Event(s) Organizer, during the clean zone period. 7. Inflatables, cold air balloons, banners, pennants, flags, building wraps, A- frame signs, projected image signs, electronic variable message signs, and light emitting diode signs of any kind of a commercial nature and viewable from public property shall be prohibited in the clean zone, unless sanctioned or authorized by the city or by the Event Organizer, during the clean zone period. 8. Off-site and mobile advertising (including, but not limited to, signs on or attached to a vehicle, water vehicle, portable device or person) on a public street, sidewalk, public right-of-way, or any other city-owned property within the clean zone shall be prohibited in the, except for promotional displays sanctioned or authorized by the city or by the organizer, including, but not limited to, those placed on existing public utility poles during the clean zone period. 9. The construction, placement, occupation, or use of any temporary structure (including, but not limited to, temporary location of tents, canopies and air- supported, air-inflated, and tensioned membranes) shall be prohibited on a public street, sidewalk, public right-of-way, or any other city- owned property within the clean zone, unless sanctioned and authorized by the city or the South Event Organizer during the clean zone period. Page 5 of 8 Ordinance No. 2025-003-483 Added language is underlined.  Deleted language is stricken through.  10. All permits relative to the sale of merchandise and/or the transaction of business shall be suspended during the clean zone period on the public streets, sidewalks or right of ways and outside of any enclosed building, with the exception of those that are already permitted and licensed for the sale of food and beverages in the clean zone. Permittees for food and beverage shall adhere to all requirements of approved permits and licenses and be advised that all sub- leasing will be strictly prohibited. 11. The hosting of any temporary public hospitality event shall be prohibited within the clean zone commencing during the clean zone period. 12. No person or entity shall sell, offer for sale or distribute merchandise that is counterfeit, infringing or otherwise illegal, including without limitation, merchandise that bears the trademarks, service marks, copyright rights, or other intellectual property rights of an individual or entity, unless such individuals and entities consented to have their rights included on such merchandise, regardless of whether that person is operating a permitted use, special exception use, or temporary use. 13. It shall be unlawful for any person or entity to engage in any unauthorized peddling within the clean zone. Unauthorized peddling shall mean the sale, offer for sale, or other distribution of Miami Grand Prix, Formula One, Miami Dolphins, University of Miami, Miami Open, Hard Rock Stadium, soccer, or concert merchandise by persons or entities not affiliated with the Event Organizer. 14. That, notwithstanding the provisions of chapter 6, article V, "sale of merchandise" it shall also be unlawful for any person to conduct the business of collecting, displaying or no person may sell or offer for sale on a public street, sidewalk, public right-of-way, or any other city-owned property within the clean zone a ticket for admission to any event by the city or organizer during the clean zone period. 15. It shall be the duty of all city officers to enforce the provisions of this section. 16. Any person convicted of a violation of this section shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days, or both, in the discretion of the county court. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed Page 6 of 8 Ordinance No. 2025-003-483 Added language is underlined.  Deleted language is stricken through.  to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 26th DAY OF MARCH, 2025. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON APRIL 23, 2025. ___________________________ RODNEY HARRIS, MAYOR ATTEST: __________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILMAN REGGIE LEON Moved by: Councilman Leon Seconded by: Mayor Rodney Harris VOTE: 7-0 Mayor Harris Yes Vice Mayor Stephens, III Yes Councilwoman Baskin Yes Councilman Leon Yes Councilwoman Powell Yes Councilwoman Wilson Yes Councilwoman Julien Yes Page 7 of 8 Ordinance No. 2025-003-483 Added language is underlined.  Deleted language is stricken through.  Exhibit A       Page 8 of 8 Ordinance No. 2025-003-483 Added language is underlined.  Deleted language is stricken through.  Exhibit A B