HomeMy WebLinkAbout2022-009-450_-_Clean_Zone_Ordinance_-_Adopted.docxORDINANCE NO. 2022-009-450
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 REGULATE 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 CLEAN ZONE
PERIOD FOR THE ANNUAL FORMULA 1 MIAMI GRAND PRIX
AND RELATED ACTIVITIES; 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 has been awarded hosting rights for the
Formula 1 Miami Grand Prix (the “Grand Prix”) and related activities (collectively, the “GP
Events”) each year within the city, and
WHEREAS, the GP Events will attract many visitors to the city and expose the city
to hundreds of millions of television viewers around the world on an annual basis, and
WHEREAS, these events will create financial and other opportunities for local
businesses, local residents, and local students (e.g., local restaurant program, dedicated
internships for Miami Gardens students, and the creation of a dedicated student STEM
program within the city) and have a positive economic impact on the city which may
encourage other global events to come to the city, and
WHEREAS, during the GP 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 could
exacerbate congestion in the public right-of-way and potentially lead to public safety
hazards if left unregulated, 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, staff desires the ordinance to be effective only within the clean zone,
commencing annually at 12:01 a.m. on the Monday immediately preceding the Grand Prix
championship race and conclude at 11:59 p.m. on the Monday immediately following the
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Ordinance No. 2022-009-450
Grand Prix championship race (“active dates”), which, for the first annual Grand Prix, shall
be 12:01 A.M. on Monday, May 2, 2022 through 11:59 P.M. on Monday, May 9, 2022.
WHEREAS, staff 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 during the initial active dates and any subsequent active dates to ensure
the safety of the city’s residents and compliance with the city’s codes and ordinances,
and
WHEREAS, staff 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 South
Florida Motorsports, LLC, Formula One, and/or Hard Rock Stadium, and certain other
related entities within the clean zone during the initial active dates and any subsequent
active dates,
WHEREAS, staff recommends 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 be amended to regulate 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, replacing the 2021 College Football Playoff National
Championship Game as currently stated in the existing ordinance,
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) 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.
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Ordinance No. 2022-009-450
(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 establishes these terms and conditions for the
2021 College Football Playoff National Championship Game 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 events within the 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 a.m. Sunday, December 27, 2020 and ending on
11:59 p.m. Tuesday, January 12, 2021 annually at 12:01 a.m. on the Monday immediately preceding
the Grand Prix championship race and conclude at 11:59 p.m. on the Monday of 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.
(1) 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 Grand Prix and related events
within the clean zone, as defined in Section 6-195 herein.
(2) 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 A.
(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 South Florida
Host Committee -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 South Florida Host Committee Event Organizer, during the clean zone
period.
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Ordinance No. 2022-009-450
(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 South Florida Host Committee 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 Florida Host
Committee Event Organizer during the clean zone period.
(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 2021 College
Football Playoff National Championship Game Miami Grand Prix, Formula One, or Hard Rock Stadium
merchandise by persons or entities not affiliated with the South Florida Host Committee or the teams
playing at the event 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 South Florida the Host Committee
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.
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Ordinance No. 2022-009-450
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
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 23rd DAY OF MARCH, 2022.
PASSED ON SECOND READING ON THE 13th DAY OF APRIL, 2022.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON APRIL 13, 2022.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Vice Mayor Leon
Seconded by: Councilman Stephens
VOTE: 7-0
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Ordinance No. 2022-009-450
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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