Ord No 08-22-2429ORDINANCE NO. 08-22-2429
An Ordinance governing, defining, and proscribing panhandling to be codified in
Section 15-8 of the City of South Miami's Code of Ordinances which is currently
reserved and providing a penalty.
WHEREAS, there is currently no provision in the City of South Miami's Code of
Ordinances concerning panhandling; and
WHEREAS, panhandling in the City has subjected its residents, tourist, and business
customers to abuse, harassment, and intimidation; and
WHEREAS, panhandling in the street causes a danger to the panhandler and causes
obstruction to traffic; and
WHEREAS, the downtown area of the City of South Miami has an abundance of
restaurants and bars that have outdoor seating areas where panhandlers have been harassing and
intimidating customers; and
WHEREAS, this Ordinance is intended to protect the economic health and productivity
of commercial areas and regulate conduct for the purpose of promoting public safety and
tranquility for the residents of South Miami and the patrons of the restaurants and bars in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully
set forth herein and as the legislative intent of this Ordinance.
Section 2: Section 15-8 of the City of South Miami's Code of Ordinances, titled as reserved,
will be amended to read as follows:
Sec. 15-8. Resented. Panhandling.
ill It is unlawful for any person to solicit money or other things of value, or to solicit the sale of
goods or services (hereinafter referred to as "Panhandling"}. or to assist another person in the
violation of this Section, absent the consent of the person being solicited, in the following
restricted times, places and manner:
(a) in any public transportation vehicle, or bus or at a location where public transportation
stops; or
(b) within ten feet of:
ill an automated teller machine, or
Page 1 of 4
Ord. No. 08-22-2429
® any entrance or exit to a building containing an automated teller machine.
( c) from a person who is in an Outdoor Dining Area.
( d) from a person who is inside of a restaurant, bar, or business.
( e) on private property, if the owner, tenant, lawful occupant. or employee of any of them
has asked the person not to solicit on the property or has posted a sign clearly indicating
that such solicitation is prohibited, not allowed, or not welcome on the property.
(f) from any operator or occupant of a motor vehicle on a public street in exchange for
blocking, occupying, or reserving a public space, or directing the occupant to a public
parking space.
(g) while in any roadway.
(h) in an Aggressive Manner.
ill Definitions. The following definitions are solely for the pumoses of the intemretation of this
Section:
Aggressive Manner means any of the following conduct:
(a) Intentionally or recklessly
(b)
ill making any physical contact with the person being Solicited in the course of
the Solicitation: or
® being within the length of the arm of the person being Solicited in the course
of the Solicitation.
Following the person being Solicited, if that conduct is intended to or is likely to
cause a reasonable person:
ill to fear imminent bodily harm or touching: or
® to fear the commission of a criminal act upon property in the person's
possession: or
(iii)to intimidate the person being solicited into responding affirmatively to the
Solicitation.
(c) Continuing to Solicit within five feet of the person being Solicited after the person
has made a negative response to the Solicitation: or
( d) Intentionally or recklessly
ill blocking the passage of the person being Solicited or requiring the person to
stop or to take evasive action to avoid physical contact with the person making
the Solicitation: or
® blocking, touching a motor vehicle that is in traffic, whether stopped or
moving; or
{iii} being such close proximity to a vehicle that is in traffic, whether stopped or
moving, so that the vehicle is unable to move without endangering the
Solicitor; or
{iv)Soliciting at an unreasonably loud voice under the circumstances , if that
conduct is intended to or is likely to cause a reasonable person:
Page 2 of 4
Ord. No. 08-22-2429
a. to fear imminent bodily harm or touching; or
b. to fear the commission of a criminal act upon property in the person's
possession; or
c. to intimidate the person being solicited into responding affirmatively
to the Solicitation; or .
.(y} Soliciting with words intended to or likely to cause a reasonable person:
a. to fear imminent bodily harm or touching; or
b. to fear the commission of a criminal act upon property in the person's
possession; or
C. to intimidate the person being Solicited into responding affirmatively
to the Solicitation.
(vi) Approaching the person being Solicited in a manner that is likely to cause a
reasonable person
1. to fear imminent bodily harm or touching; or
2. to fear the commission of a criminal act upon property in the person's
possession; or
3. to intimidate the person being solicited into responding affirmatively to the
solicitation.
Outdoor Seating Area means the location on a public right of way that is used for the
consumption of food and/or beverage for which a City permit was issued.
Solicit or Solicitation. means the spoken, written, or printed word or such other acts or
bodily gestures as are conducted in furtherance and for the purposes of obtaining
something of value or to sell something.
ill Penalty. A person found to be in violation of this Section shall be sentenced as follows:
(a) For the first offense -to a fine of $200 and/or imprisonment not to exceed 30 days if the
prohibited Solicitation was not conducted in an Aggressive Manner
(b) For the second offense -to a fine greater than $200 but not to exceed $500 and/or
imprisonment not to exceed 60 days.
(c) If a person who has been charged with a violation of this Section delivers a certification
from a case manager or a case worker from a homeless shelter, non-profit foundation,
the Substance Abuse and Mental Health Services Administration, or other organization,
that the person charged is actively homeless and that the person is registered in the
Homeless Management Information Service (HMIS) data base, then any civil fine levied
against the person will be waived. This waiver only applies to the first offense.
ffi This ordinance is not intended to:
(a) proscribe any demand for payment for services rendered or goods delivered.
Page 3 of 4
Ord. No. 08-22-24 2 9
Sectio n 3: Codification. The provisions of th is ordinance are to become and be mad e pa rt
of th e Code of Ordin ance s of the C ity o r Sout h Miami as amened; that the section s of this ord inance
m ay be renumbered o r re -l ettered to acco mpli s h s uch in ten t ion; an d that the word '·ordi nance " may
be changed to "sect ion '· or ot her ap propri ate word.
Sectio n 4. Ordi nance in Conflict. A ll ord in ances o r pa1ts of ordi nances and all sections
and pa rt of section s or o rdin ances in direct co nfli ct herewith are hereby repealed. However, it is not
the intent of thi s s ecti o n to repea l enti re o rdin ances, or prats of o rdinance s. th at g ive th e a pp eara nce
of be in g in co nfli ct w he n the two ord in ance s can be harmonized or when on ly a portion of the
ordinance in con flict need s to be repea led to ha rm on ize the ord in ances. If th e ordina nce in connict
ca n be ha rm o ni zed by a mend in g it s terms, it is he reby ame nd ed to harmonize the two ordina nces .
Therefore. onl y that port ion that needs to be repea led to harmonize the two o rdin ances wil l be
repealed.
Section 5 . C orrections. Confo rmin g lan g uage or technical sc ri ve ner-type corrections may
be mad e by the City Attorney fo r any co n for ming a mendm ents to be incorporated in to the fina l
o rdinan ce fo r s ig na tu re .
Section 6. Severability. If a ny sect io n, c la use , se nte nce, or phrase of this ordina nce is for
any reaso n he ld in va lid o r unc o nstituti o na l by a court of com pete ntj urisdict ion , th is ho lding w ill not
affect the va lidity or the rem a ini ng po rtion s of th is ordinan ce.
Section 7. Effecti ve Date. T hi s o rdin ance wi ll be come effective u pon enactm e nt.
PASSED AN D ENACTED th is 19th day of Ap ril , 2022 .
ATTEST:
IJ\J o!~ C ITY ~LE R
I st Readi ng -4 /5/22
2nd Readi ng -4 /19/22
READ AND A PPROVED AS TO FO RM.
LANGUAG E, L EGALITY. AN D
EXECUTION T HEREOF
2Sa~
Page 4 of 4
COMM ISS IO N VOTE:
Ma yor Philips:
Co mmi ssione r Liebman :
Commiss ioner Harris :
Commissioner Gi l :
Commi ssioner Corey :
5 -0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: April 19, 2022
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance governing, defining, and proscribing panhandling to be codified in Section 15-8 of the City of
South Miami's Code of Ordinances which is currently reserved and providing a penalty. 3/5 (Commissioner
Liebman)
Suggested Action:
Attachments:
Ordinance_ref__Panhandling_SFCArev10Amended1stRead.docx
MDBR Ad.pdf
MH Ad.pdf
1
6
,,.,. ..
MIAMI -DA DE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE :
Before the un dersigned authority personally appeared
GUIL LE RMO GARCIA , who on oa th says that he or sh e is the
DIR~CTOR OF_ OPERAT IONS , Legal Notices of the Miam i Da ily
Busin ess Review f/k/a Miam i Review , a daily (except
Saturday, Sunday and Legal Ho li days) newspaper,
published at Miami in Miami-Dade County, Florida ; that the
attached copy of advertisement , being a Legal Advert isement
of Notice in the matter of
CITY OF SO UTH MIAM I -PUBLIC HEARINGS -APR . 19, 2022
in the XXXX Court,
was published in said newspaper by print in the issues of
and/or by pu blication on the newspaper's website , if
authori zed , on
04 /08/2022
Affia nt further says that the newspaper comp li es with all
legal for publication in chapter 50 , Florida
Sw l o and subscribed before me this
8 day of APRIL , A.O . 2022
,0f~
GUIL LE RMO GARCIA personally known to me
.--j,f~~·,:,ff;;-. CH fliSTI NA LYNN RAVIX ,:/'·~ '-:.1 Commissio n # GG 277771 °'-j~.t Expires November 19, 2022 ·'.'i ~~.!~'.'--· Bood2d Thru Troy Fain tn wr ance 800-385-7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and
conduct vital business during the C OVID 19 pandemic and, at the same
time, to protect the health, safety and welfare o f its citizens, officers,
officials and administrative staff, and pursuant City of South Miami Code,
Chapter 286 .011, Fla . Stat, the City's Home Rule Powers , and City Manager's
declaration of a state of emergency due to the Coronavirus, the City will be
holding its City Commission Meeting live in chambers and VIRTUALLY through
communications media technology (CMT) until the state of emergency has
ended or social distancing is no longer required by any relevant Executive
Orders. All Commission members will participate in Chambers or by video
conferencing through the Zoom platform and members of the public may
join the meet ing via Zoom at (https ://zoom .usfV3056636338) and participate.
At a minimum, at least three mem bers of the City Co mmission will be
physically present in the City Commission Chambers 1 and they will be
broadcast on the Zoom platform along with all other members of the Comm ission,
City Staff and the public who may attend remotely from the Commission Chambers
and from other locations.
The meeting is scheduled to beg in on Tuesday. April 19, 2022. at 7:00 p.m,
to consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter into a multi-year
piggyback agreement with Compuquip Technologies , LLC , for a
Fortinet firewall appliance for the South Miami Police Department ,
onto a piggyback agreement with National Cooperative Purchasing
, ,Alliance.
7
c;+y of South M ialY)i
AA ordinanc e am ending the City of South Miami Land Developm ent
Code Sections 20-2 .3, 20-3 .3(0), 20-3 .4, 20 -4.4, 20 -7.12(C), 20 -9.4
and 20-9.6 amending the definitions and provisions relate d to
residential care type uses.
An ordinance amending the City of South Miami Land Development
Code Section 20-11.4 amending the provisions regarding certificates
of appropriateness and econom ic hardship and Section 20-6 .1
rega rding Historic Preservation Board membership .
AA Ordinance governing, defining, and proscribing panhand li ng to
be codified in Section 15-8 of the City of South Miami's Code of
Ordinances which is currently reserved and providing a penalty .
If you desire to present evidence or you are unable to use Zoom , there are
procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance , all of which is set forth in the meeting notice posted at City
Hall and at http://www.southmiamifl.gov/580/Public-Meetings-Notices.
Anyone who wishes to rev iew pend ing application , supporting documentation or
who des ire to have documents made available for viewing by everyone during
the meeting must contact the City Clerk by calling 305-663-6340 .
Note that pursuant to Florida Statutes 286.0105, a person who decides to
appeal any decision made by a Board , Agency or Commission with respect to
any matter considered at its meeting or hearing, a record of the proceedings will
be ·required for said appeal and such person will be requ ired to have a verbatim
transcript of the proceedings including the testimony and evidence upon
which the appeal is to be based .
ADA : To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service In order to partic ipate in a City program ,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340 , by mail at 6130 Sunset Drive ,
South Miami, Florida or email at npayn e@ southmiam ifl .gov .
Nkenga A Payne, CMG, FCRM
City Clerk
1 The minimum standards for adopting a resolution or enacting an ordinance are
set forth in 166.041(4) -A majority of the members of the governing body shall
constitute a quorum . An affirmative vote of a majority of a quorum present is
necessary to enact any ord inance or adopt any resolution . -
4/8 22-132/0000590435M
SUNDAY APRIL 10 2022 NEIGHBORS ...................................................................................................13SE
8
VILLAGE OF PINECREST
Public Notice
* Corrected Notice*
On Tuesday, May 10, 2022, at 7:00 p.m., the Village Council will conduct the following Public Hearings to be held at the
Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida:
Melissa Tapanes llahues, Esq . (Applicant) and Gulliver Preparatory School, Inc. and Immanuel Presbyterian Church al
Miami, Inc. (Owners) are requesting approval of the following:
Hearing #2022-0510-1. A variance from the requirements of Division 6.3 .301.2 of the Village's land Development
Regulations (Floodplain Management Ordinance) to allow construction of the finished floor of new approved occupiable
buildings at an elevation ol 10.9 leet NGVD instead ol 11.58 feet NGVD, and the finished floor of the approved parking
garage at 10.4 leet NGVD instead ol l l .58 leet NGVD as otherwise required; and
Hearing #2022-0510-2. A conditional use permit to allow placement of eight (8) portable classroom trailers on the north
side of the Gulliver campus for a period not to exceed two (2) years. The purpose of the proposed temporary classrooms is
to replace classroom space scheduled for demolition during Phase I of construction. No increase in the maximum permitted
student enrollment cap is proposed.
The subject property is located at 6491, 6575, 6605, 6675, 6545, and 6691 SW 88 Street, Pinecrest, Florida 33156
within the PS, Public Service zoning district.
Interested parties are invited to appear in person or virtually and be heard -visit www.pinecrest-fl .gov/live for details. For
additional information, you may contact the Building and Planning Department by calling (305) 234-2121, via email at
planning@pinecrest-fl.gov, or writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy
of the application is on file.
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305-234-2121
not later than two business days prior to such proceeding .
Should any person decide to appeal any decision of the Village Council with respect to any matter lo be considered at this
meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon
which any appeal may be based (F.S. 286.0105).
www.pinecrest-fl.gov
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
Priscilla Torres, CMC
Village Clerk
In order to balance the need for the City of South Miami to function and conduct vital business during the COVIO 19 pandemic and, at the same time, to protect the health , safety and
welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's
declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media
technology (CMTI until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in
Chambers or by video conferencing through the Zoom plattorm and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338\ and participate . At a
minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all
other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday, AarH )9. 2022. It 7:00 a.m. to consider the following public hearing ttem(s):
A Resolution authorizing the City Manager to enter into a multi-year piggyback agreement with Compuquip Technologies , LLC, for a Fortinet firewall appliance for
the South Miami Police Department, onto a piggyback agreement with National Cooperative Purchasing Alliance.
An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(D), 20-3.4, 20-4.4 , 20-7.12(C), 20-9.4 and 20-9.6 amending the
definitions and provisions related to residential care type uses.
An ordinance amending the City of South Miami Land Development Code Section 20-11.4 amending the provi~ons regarding certificates of appropriateness and
economic hardship and Section 2Q-6.1 regarding Historic Preservation Board membership.
An Ordinance governing, defining, and proscribing panhandling to be codified in Section 15-<l of the City of South Miami's Code of Ordinances which is currently
reserved and providing a penalty.
H you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available induding a dedicated phone line to listen and participate
in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http:J!www,soythmiamifl.gov/580/Pyb!ic-Meetings-Notices .
Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must
contact the City Clerk by calling 305-663-6340.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered
at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transclipt of the proceedings including
the testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event. you must
on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at
6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) ... A majority of the members of the governing body shall constitute
a quorum. An affinnative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution ... .,