HomeMy WebLinkAbout2020-011-430_-_Clean_Zone_Ordinance_NCAA_-_Adopted_(4).docxORDINANCE NO. 2020-011-430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, DESIGNATING A PORTION OF
THE CITY OF MIAMI GARDENS AS A “CLEAN ZONE”;
PROVIDING FOR THE SAFE AND ORDERLY USE OF CITY
STREETS AND SIDEWALKS BY SIDEWALK VENDORS,
PEDDLERS, STREET TICKET SELLERS, AND PEDESTRIANS
DURING THE 2021 COLLEGE FOOTBALL PLAYOFF NATIONAL
CHAMPIONSHIP GAME IN THE CLEAN ZONE; ESTABLISHING
TERMS AND CONDITIONS FOR THE 2021 COLLEGE
FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP GAME;
REGULATING COMMERCIAL ACTIVITIES DURING THE 2021
COLLEGE FOOTBALL PLAYOFF NATIONAL CHAMPIONSHIP
GAME COMMENCING DURING THE CLEAN ZONE PERIOD;
PROHIBITING THE SALE, OFFER FOR SALE, OR
DISTRIBUTION OF COUNTERFEIT GOODS, WARES, AND
MERCHANDISE OF THE COLLEGE FOOTBALL PLAYOFF
NATIONAL CHAMPIONSHIP GAME IN THE CLEAN ZONE
DURING THE CLEAN ZONE PERIOD; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City of Miami Gardens will host the 2021 College Football
Playoff National Championship Game and activities (“Events”); and
WHEREAS, these Events will attract many visitors to the City and expose the
City to television viewers internationally, and
WHEREAS, these Events will have a positive economic impact on the City and
encourage other events to come to the City, and
WHEREAS, during the 2021 College Football Playoff National Championship
Game 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 sale or distribution of merchandise, goods, or wares will
exacerbate the congestion in the public right-of-way and potentially lead to public safety
hazards, and,
WHEREAS, it is in the best interest of the City and its residents to regulate the
area which will be the focus of these activities to preserve the public health, safety and
welfare of all citizens, visitors and participants, and
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WHEREAS, the City of Miami Gardens Council desires for this ordinance to be
effective only within the Clean Zone during the Clean Zone Period, and
WHEREAS, the City of Miami Gardens Council desires to establish the terms
and conditions for the safe and orderly use of City streets and sidewalk by vendors,
peddlers, and street ticket sellers in the Clean Zone to ensure the safety of the City’s
residents and compliance with the City’s Codes and Ordinances, and
WHEREAS, the City of Miami Gardens Council desires to establish regulation
prohibiting the sale, offer for sale, or distribution of counterfeit, infringing or otherwise
illegal merchandise bearing the trademarks, service marks, copyright, rights or other
intellectual property rights of the College Football Playoff National Championship Game
within the Clean Zone,
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, Article V, Section 6-195 of the Code of
Ordinances is hereby amended as follows:
Sec. 6-195. - Selling, serving, vending, soliciting in public rights-of-way
generally.
(a) 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) 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.
(c) The City of Miami Gardens City Council hereby as establish terms and
conditions for the 2021 College Football Playoff National Championship Game within the
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Clean Zone, as defined in Section 6-195(g) herein, which will provide for the safe and
orderly use of City streets and sidewalks by sidewalk vendors in the Clean Zone,
commencing at 12:01 AM Sunday, December 27, 2020 and ending on 11:59 PM
Tuesday, January 12, 2021 (“the Clean Zone Period”).
(d) The City Manager is authorized to take such actions as are necessary and proper to
implement the 2021 College Football Playoff National Championship Game activities
within the Clean Zone, as defined in Section 6-195(g) herein.
(e) The portion of the City within the boundaries is hereby designated as the “Clean
Zone.”
(f) 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.
(g) 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
A.
(h) 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.
(i) 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 the South Florida Host Committee
during the Clean Zone Period.
(j) 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
South Florida Host Committee during the Clean Zone Period.
(k) 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
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prohibited, except for promotional displays sanctioned or authorized by the City or by
the South Florida Host Committee including, but not limited to, those placed on
existing public utility poles, during the Clean Zone Period.
(l) 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 Florida Host Committee during
the Clean Zone Period.
(m) All permits relative to the sale of merchandise and/or the transaction of business shall
be suspended 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.
(n) The hosting of any temporary public hospitality event shall be prohibited within the
Clean Zone commencing during the Clean Zone Period.
(o) 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.
(p) 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 2021 College Football Playoff National Championship Game
merchandise by persons or entities not affiliated with the South Florida Host
Committee or The Teams playing at the event.
(q) 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 South Florida the Host Committee _during the Clean Zone Period.
(r) It shall be the duty of all City officers to enforce the provisions of this section.
(s) 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
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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
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 and shall automatically be repealed on Wednesday
January 13, 2021.
PASSED ON FIRST READING ON THE 9TH DAY OF DECEMBER, 2020.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON DECEMBER 30, 2020.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: MAYOR RODNEY HARRIS
Moved by: Vice Mayor Leon
Seconded by: Councilwoman Wilson
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VOTE: 4-0
Mayor Harris Absent
Vice Mayor Leon Yes
Councilwoman Campbell Absent
Councilwoman Ighodaro Absent
Councilwoman Wilson Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
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Exhibit A
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