HomeMy WebLinkAbout2019-003-405 City of Miami Gardens As A "Clean Zone" During The 2020 NFL Super Bowl ORDINANCE NO. 2019-003-405
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 2020 NATIONAL FOOTBALL LEAGUE SUPER
BOWL AND MIAMI SUPER BOWL 2020 HOST COMMITTEE
ACTIVITIES IN THE CLEAN ZONE; ESTABLISHING TERMS AND
CONDITIONS FOR THE 2020 NATIONAL FOOTBALL LEAGUE
SUPER BOWL AND THE MIAMI SUPER BOWL 2020 HOST
COMMITTEE ACTIVITIES; REGULATING COMMERCIAL
ACTIVITIES DURING THE 2020 NATIONAL FOOTBALL LEAGUE
SUPER BOWL AND MIAMI SUPER BOWL 2020 HOST
COMMITTEE ACTIVITIES COMMENCING 12:01 A.M. ON
SUNDAY JANUARY 19, 2020 AND ENDING AT 11:59 P.M. ON
MONDAY FEBRUARY 3, 2020; PROHIBITING THE SALE, OFFER
FOR SALE, OR DISTRIBUTION OF COUNTERFEIT GOODS,
WARES, AND MERCHANDISE OF THE NATIONAL FOOTBALL
LEAGUE AND THE MIAMI SUPER BOWL 2020 HOST
COMMITTEE MERCHANDISE IN THE CLEAN ZONE
COMMENCING AT 12:01 A.M. ON SUNDAY JANUARY 19, 2020
AND ENDING AT 11:59 P.M. ON MONDAY FEBRUARY 3, 2020;
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 2020 National Football
League Super Bowl and Miami Super Bowl 2020 Host Committee 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
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Ordinance No. 2019-003-405
WHEREAS, during the 2020 National Football League Super Bowl and
Miami Super Bowl 2020 Host Committee 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
WHEREAS, the City of Miami Gardens Council desires for this ordinance
to be effective only within the Clean Zone and commencing at 12:01 A.M. on
Sunday January 19, 2020 and ending at 11:59 P.M. on Monday, February 3,
2020, 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 commencing at
12:01 A.M. on Sunday January 19, 2020 and ending at 11 :59 P.M. on Monday,
FEBRUARY 3, 2020 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,
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Ordinance No. 2019-003-405
infringing or otherwise illegal merchandise bearing the trademarks, service
marks, copyright, rights or other intellectual property rights of the National
Football League and Miami Super Bowl 2020 Host Committee within the Clean
Zone commencing at 12:01 A.M. on Sunday, January 19, 2020 and ending at
11:59 P.M. on Monday, February 3, 2020,
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
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Ordinance No. 2019-003-405
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 2020 National Football League Super Bowl and Miami
Super Bowl 2020 Host Committee within the Clean Zone, as defined in
Section 6-195(8) 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 A.M. on Sunday, January 19, 2020 and ending at
11 :59 P.M. on Monday, February 3, 2020.
(d) The City Manager is authorized to take such actions as are necessary and
proper to implement the 2020 National Football League Super Bowl and
Miami Super Bowl 2020 Host Committee activities within the Clean Zone, as
defined in Section 6-195(8) 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, commencing
at 12:01 A.M. on Sunday, January 19, 2020 and ending at 11 :59 P.M. on
Monday, February 3, 2020.
(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
National Football League and the Miami Super Bowl 2020 Host Committee
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Ordinance No. 2019-003-405
commencing at 12:01 A.M. on Sunday, January 19, 2020 and ending at
11:59 P.M. on Monday, February 3, 2020 is prohibited.
(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 The National Football League and The Miami
Super Bowl 2020 Host Committee commencing at 12:01 A.M. on Sunday,
January 19, 2020 and ending at 11:59 P.M. on Monday, February 3, 2020.
(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 prohibited, except for promotional displays
sanctioned or authorized by the City or by The National Football League and
The Miami Super Bowl 2020 Host Committee, including, but not limited to,
those placed on existing public utility poles, commencing at 12:01 A.M. on
Sunday, January 19, 2020 and ending at 11:59 P.M. on Monday, February 3,
2020.
(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
National Football League and The Miami Super Bowl 2020 Host Committee
commencing at—12--01 A.M. on Sunday, January 19, 2020 and ending at
11:59 P.M. on Monay, February 3, 2020.
(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 at 12:01 A.M. on Sunday, January 19,
2020 and ending at 11 :59 P.M. on Monday, February 3, 2020
(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
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Ordinance No. 2019-003-405
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 temporanl 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 National Football League or Super Bowl
merchandise by persons or entities not affiliated with The National Football
League or The Teams plaVing 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 The
National Football League and The Miami Super Bowl 2020 Host Committee
commencing at 12:01 A.M. Sunday, January 19, 2020 and ending at 11:59
P.M. on Monday, February 3, 2020.
(r) It shall be the duty of all City officers to enforce the provisions of this section.
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
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Ordinance No. 2019-003-405
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
Monday, February 3, 2020
PASSED ON FIRST READING ON THE 13th DAY OF MARCH, 2019.
PASSED AND ADOPTED ON SECOND READING THIS 10TH DAY OF
APRIL, 2019.
CITY OF MIAMI GARDENS, FLORIDA
By:
OLIVER GILBERT, III, MAYOR
ATTEST:
r�A (� (SEAL)
MART BATAILLE, CITY C RK
REVIEWED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: MAYOR OLIVER GILBERT
Moved by: Mayor Oliver Gilbert
Second by: Councilman David Williams
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Ordinance No. 2019-003-405
VOTE: 7-0
Mayor Oliver Gilbert III X (Yes) (No)
Vice Mayor Rodney Harris X (Yes) (No)
Councilman Reggie Leon X (Yes) (No)
Councilwoman Lillie Odom X (Yes) (No)
Councilwoman Katrina Wilson X (Yes) (No)
Councilman David Williams Jr. X (Yes) (No)
Councilman Erhabor Ighodaro X (Yes) (No)
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Ordinance No. 2019-003-405
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