FR.1 - Require Sidewalk Safety Structures
View full title
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED “STREETS AND SIDEWALKS / IN GENERAL,” MORE PARTICULARLY BY AMENDING SECTION 54-1 OF THE CITY CODE, TITLED "DEFINITIONS," AND SECTION 54-3 OF THE CITY CODE, TITLED "PERMIT REQUIRED FOR WORK THAT OBSTRUCTS OR CLOSES A STREET, SIDEWALK, OR IMPEDES TRAFFIC; FEES; WAIVER OF FEES," TO REQUIRE SIDEWALK SAFETY AND TEMPORARY PEDESTRIAN PROTECTION STRUCTURES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
July 9, 2026
Sponsors
Higgins
King
Gabela
Pardo
Escalona
Rosado
Vote Details
PASSED ON FIRST READING WITH MODIFICATION(S)
Motion to: Pass on First Reading with Modification(s)
Mover: Damian Pardo, Commissioner
Seconder: Miguel Angel Gabela, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Department: Commissioners and Mayor
Category: Elected Official Item
WHEREAS, the City of Miami (“City”) is a dense, pedestrian-oriented urban community with substantial sidewalk activity throughout residential, commercial, and mixed-use areas; and
WHEREAS, the public right-of-way is a critical component of the City’s transportation network and public safety infrastructure; and
WHEREAS, construction, demolition, façade maintenance, and similar activities frequently require the installation of temporary structures such as scaffolding, sidewalk sheds, and fencing within or above the public right-of-way; and
WHEREAS, improperly designed, installed, or maintained temporary structures pose risks to the public, including falling debris, obstruction of pedestrian travel, and structural failure; and
WHEREAS, additionally, the City is located within a high-velocity hurricane zone and is subject to tropical storms, hurricanes, and other severe weather events; and
WHEREAS, temporary structures within the public right-of-way present heightened risks during severe weather unless properly designed, secured, or removed; and
WHEREAS, the City desires to establish clear, mandatory, and enforceable standards to protect pedestrians, ensure sidewalk accessibility, maintain aesthetics, and limit prolonged encroachments into the public right-of-way; and
WHEREAS, the City Commission would encourage Miami-Dade County to impose enforceable standards to protect pedestrians and ensure sidewalk accessibility on County public rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 54, Article I of the City Code is hereby amended in the follow particulars:
“CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. – IN GENERAL
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this Code, except where the context clearly indicates a different meaning:
\*\*\*
Scaffold means a temporary elevated platform used for construction, repair, or maintenance.
\*\*\*
Sidewalk Protection Structure means any temporary structure, including sidewalk sheds, overhead protection, scaffolding, or similar systems installed over or adjacent to a public sidewalk to protect pedestrians.
Sidewalk Shed means a roofed, supported structure erected over a sidewalk to shield pedestrians from overhead hazards.
\*\*\*
Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes traffic; fees; waiver of fees.
\*\*\*
(b) Conditions.Such permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on-going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth and/or any violations under applicable law shall render such permit null and void, without the necessity of any further action, hearing, or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved.
(i) The permit shall include sidewalk protection as defined herein to adequately protect pedestrians’ uninterrupted, continued use of the public right-of-way, inclusive of the sidewalk or any portion thereof for threshold structures as defined by the Florida Building Code. At the discretion of the Department of Resilience and Public Works, it may deem upon submittal of a report from a licensed engineer that the sidewalk protection is impractical.
\*\*\*
(d) Temporary obstruction of streets and sidewalks.
(5) For purposes of this section, the following definitions shall apply:
Construction fence screenis a light, flexible fabric or solid panel bearing printed text and pictures to give information about the construction project and with edge grommets to facilitatesecured with the appropriate attachment to a rigid frame.
\*\*\*”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
WHEREAS, the public right-of-way is a critical component of the City’s transportation network and public safety infrastructure; and
WHEREAS, construction, demolition, façade maintenance, and similar activities frequently require the installation of temporary structures such as scaffolding, sidewalk sheds, and fencing within or above the public right-of-way; and
WHEREAS, improperly designed, installed, or maintained temporary structures pose risks to the public, including falling debris, obstruction of pedestrian travel, and structural failure; and
WHEREAS, additionally, the City is located within a high-velocity hurricane zone and is subject to tropical storms, hurricanes, and other severe weather events; and
WHEREAS, temporary structures within the public right-of-way present heightened risks during severe weather unless properly designed, secured, or removed; and
WHEREAS, the City desires to establish clear, mandatory, and enforceable standards to protect pedestrians, ensure sidewalk accessibility, maintain aesthetics, and limit prolonged encroachments into the public right-of-way; and
WHEREAS, the City Commission would encourage Miami-Dade County to impose enforceable standards to protect pedestrians and ensure sidewalk accessibility on County public rights-of-way;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 54, Article I of the City Code is hereby amended in the follow particulars:
“CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. – IN GENERAL
Sec. 54-1. Definitions.
The following words, terms and phrases, when used herein, shall have the meanings ascribed to them in this Code, except where the context clearly indicates a different meaning:
\*\*\*
Scaffold means a temporary elevated platform used for construction, repair, or maintenance.
\*\*\*
Sidewalk Protection Structure means any temporary structure, including sidewalk sheds, overhead protection, scaffolding, or similar systems installed over or adjacent to a public sidewalk to protect pedestrians.
Sidewalk Shed means a roofed, supported structure erected over a sidewalk to shield pedestrians from overhead hazards.
\*\*\*
Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes traffic; fees; waiver of fees.
\*\*\*
(b) Conditions.Such permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on-going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth and/or any violations under applicable law shall render such permit null and void, without the necessity of any further action, hearing, or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved.
(i) The permit shall include sidewalk protection as defined herein to adequately protect pedestrians’ uninterrupted, continued use of the public right-of-way, inclusive of the sidewalk or any portion thereof for threshold structures as defined by the Florida Building Code. At the discretion of the Department of Resilience and Public Works, it may deem upon submittal of a report from a licensed engineer that the sidewalk protection is impractical.
\*\*\*
(d) Temporary obstruction of streets and sidewalks.
(5) For purposes of this section, the following definitions shall apply:
Construction fence screenis a light, flexible fabric or solid panel bearing printed text and pictures to give information about the construction project and with edge grommets to facilitatesecured with the appropriate attachment to a rigid frame.
\*\*\*”
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after adoption and signature of the Mayor.
Fiscal Impact
N/A