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2019-003-405 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 Added language is underlined. Deleted language is stricken through. 1 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, Added language is underlined. Deleted language is stricken through. 2 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 Added language is underlined. Deleted language is stricken through. 3 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 Added language is underlined. Deleted language is stricken through. 4 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 Added language is underlined Deleted language is stricken through. 5 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 Added language is underlined. Deleted language is stricken through. 6 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 Added language is underlined. Deleted language is stricken through 7 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) Added language is underlined. Deleted language is stricken through. 8 Ordinance No. 2019-003-405 • ,. fir" •_1 47 M st Zjw 51 -K— IM. T'e43te+ ^� „., 31 r- , ! i c - '•!;'d 1:;x:(1 SI , � ` -