Item Coversheet

Resolutions - C7  E




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:February  22, 2023
 



SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING AND AUTHORIZING A STREET PERFORMER'S PILOT PROGRAM AT SOUNDSCAPE PARK, LOCATED AT 400 17TH STREET, FOR A PERIOD OF FOUR MONTHS, EVERY SUNDAY, FROM 5PM TO 8PM, TO THE EXTENT THAT THE CITY MANAGER, IN HER SOLE DISCRETION, DEEMS PRUDENT AND ADVISABLE TO CONTINUE.

BACKGROUND/HISTORY

This item was referred to the Public Safety and Neighborhoods Quality of Life Committee (PSNQLC) at the July 20, 2022 City Commission meeting and is sponsored by Commissioner Alex Fernandez.

 

The item was heard at the PSNQLC on October 19, 2022 where the following direction was given:

 

1.    Come back to the full Commission and provide recommendations for a four-month pilot program for street performers at Soundscape Park with the following parameters.

 

  •  No solicitationNo amplification;
  •  Once a week, on Sundays, from 5pm to 8PM; and

 

2.    Tourism and Culture, Parks and Recreation, Finance and Code Compliance departments to work on identifying feasible locations and streamlining the permitting process.

ANALYSIS

In most of the City of Miami Beach, playing live music in public can occur freely without a permit.  To address public safety concerns from the proliferation of performers and frequent complaints regarding gridlock on sidewalks and other city right of ways in South Beach, the City established a Street Performer’s Program in 2007 via Section 18 Article XV of the City Code.

 

The Street Performer’s Program established 16 designated street performer zones in the heart of South Beach.  These 16 locations are located on Lincoln Road, Collins Avenue and Ocean Drive, where the City experiences the largest footfall of local and tourist traffic.  The City currently hosts four quarterly lotteries for street performers wishing to participate in the program for the 16 locations.

 

Since the October 19, 2022 PSNQLC meeting, representatives from the Finance Department, Tourism and Culture, Parks and Recreation, and Code Compliance have convened for four team meetings, including a final meeting with musician and street performer advocate Michael Cantalupo to:  establish the proposed framework for the Pilot Program and to streamline the permitting process.

 

Site visits, by staff, were conducted to the two and half acre Soundscape Park municipal park to identify viable locations for performance.  Input was obtained from New World Symphony, the park’s neighbor, to obtain black-out dates in which the park would be utilized by the symphony.

 

The proposed pilot program would add four locations at Soundscape Park (see attached map), to the current 16 locations available for street performance in South Beach, for a total of 20 dedicated locations for street performance.  The proposed framework would permit any current participant in the City’s Street Performer Lottery Program to occupy one of four locations at Soundscape Park, on a first-come and first-serve basis, Sundays between the hours of 5pm to 8pm.

 

Performers would not be allowed to solicit the public or amplify their music. The program would be streamlined with one application and annual street performer permit versus the current four applications and four permits.  Applications for participation will be available online or in person at the Customer Service Center.

 

The proposed Pilot Program is summarized below:

 

Soundscape Park Street Performer's

Four-Month-Pilot Program:

Location:

Soundscape Park, 400 17th Street

Duration:

Four months

Dates:

Sundays, from March 5th through July 2nd, 2023

Hours:

5pm to 8pm

Participation:

Available to any registered street performer participating in the City's Street Performer Program

Application:

Online or in-person at the Customer Service Center

Restrictions:

1. No solicitation;

 

2. No amplification;

 

3. Subject to City's noise ordinance; and

 

4. Subject to black-out dates due to New World Symphony programming (none identified at this moment during the proposed four-month program.

SUPPORTING SURVEY DATA

The 2022 Community Survey results indicate that 86% of residents feel cultural activities (such as art shows, film festivals, musicals, and live performances) contribute to the quality of life in Miami Beach

FINANCIAL INFORMATION

N/A

CONCLUSION

The City recognizes the constitutional rights of street performance artists, and the proposed resolution adds four locations, via a four-month pilot program, to the already permitted 16 locations in the regulated areas of South Beach.    The Administration recommends approving the four-month pilot program at Soundscape Park and revisiting the program at its July 2023 PSNQLC meeting.

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Finance
Sponsor
Commissioner Alex Fernandez

ATTACHMENTS:
Description
Street Performer's Proposed Locations - Soundscape Park
Resolution