Item Coversheet

Ordinances - R5  C




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:February  12, 2020
 

10:15 a.m. Second Reading Public Hearing

SUBJECT:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED “PUBLIC PROPERTY,” BY AMENDING ARTICLE IV, “USES IN PUBLIC RIGHTS-OF-WAY,” BY AMENDING DIVISION 5, “SIDEWALK CAFES,” BY AMENDING SUBDIVISION II, “PERMIT,” BY AMENDING SECTION 82-385, ENTITLED “MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFÉS,” ESTABLISHING THE REQUIREMENT THAT SIDEWALK CAFÉ OPERATORS STACK AND SECURE SIDEWALK CAFÉ FURNITURE AT THE CLOSE OF BUSINESS EACH DAY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends adopting the ordinance on second reading.

BACKGROUND/HISTORY

At present, the City Code limits the area in which sidewalk café furniture can be placed and stored.  The sidewalk café regulations explicitly prohibit the stacking or piling up of chairs in the right-of-way, except for Lincoln Road under certain conditions.

 

The City continues to engage residents, businesses, and industry stakeholders to amend our regulations and improve the sidewalk café experience for all. The Mayor and City Commission have commissioned task forces and panels to recommend changes concerning the commercial and entertainment districts that would elevate the experience for visitors and residents, improve safety, and enhance the reputation of our commercial areas.  

 

Recently, the Mayor’s Ocean Drive Panel has provided valuable insight for implementing reforms to the appearance and operation of sidewalk cafes, including playing a role in the sidewalk café code of conduct and secret shopper program.  On June 6, 2019, the Mayor’s Panel on Ocean Drive – Safety, Security and Infrastructure Subcommittee adopted a motion to support the stacking and/or securing of sidewalk café furniture during non-operational hours.

 

At its September 25, 2019 meeting, the Neighborhoods and Community Affairs Committee recommended by acclamation that the stacking and securing of sidewalk café furniture be required. In order to do so, the Committee further recommend that an ordinance amending the sidewalk café regulations be brought before the City Commission. 

 

On January 15, 2020, the Mayor and City Commission approved the ordinance on first reading. No changes have been proposed since first reading. 

ANALYSIS

As noted at the September 25th NCAC meeting, City staff including Property Management and the Police department have observed during the course of nighttime details that nightlife patrons and vagrants have a propensity to loiter and trespass upon the exposed furniture. This behavior creates a safety and liability hazard and adds additional remedial work for morning maintenance. This unwelcomed interference is difficult to deter and incentivized when furniture is left positioned in daytime operational layouts. Cafes are observing the City’s regulations, therefore, an amendment is necessary to modify the Code’s requirements.

 

Staff believes that this proposed change in approach, as contained in the draft ordinance, will improve public safety and the appearance thereof, appeal to residents, and contributes to the vitality of businesses.

CONCLUSION

The Administration recommends that the Mayor and City Commission adopt the ordinance on second reading to amend the sidewalk café  regulations and require the stacking of sidewalk café furniture.

Applicable Area

Citywide
Is this a Resident Right to Know item? Does this item utilize G.O. Bond Funds?
No No 
Legislative Tracking
Economic Development
Sponsor
Commissioner Mark Samuelian

ATTACHMENTS:
Description
Ordinance