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ORDINANCE NO.
8995
AN ORDINANCE AMENDING SEC. 54-3 OF THE
CITY CODE BY PROVIDING FEES FOR POLICE
AND FIRE PERMITS, SETTING FORTH DUTIES
OF APPLICANTS AND LIMITING CITY LIABIL-
ITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, Section 54-3 provides for the regulation
of traffic impediments and sets forth requirements for the
issuance of permits; and
WHEREAS, the regulations of traffic upon the
streets and sidewalks which are thereby impeded creates a
disproportionate allocation of City services; and
WHEREAS, the costs of these services demands
should be borne by those utilizing such services;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. Section 54-3 of the Code of the City
of Miami, Florida, is hereby amended in the following
particulars:1/
Section 54-3. Permit Required to
Obstruct Street or Impede Traffic.
No person shall obstruct or cause to
be obstructed any street or sidewalk
in this city or impede the general
movement of vehicular or pedestrian
traffic without st having obtained
a permit from both the police and fire
departments.
Section 54-3.1. Such permits shall
set forth minimal reasonable conditions
necessary for the protection of property
and personal safety. Willful violation
of the conditions set forth shall render
such permit null and void.
Section 54-3.2. It shall be a condition
prededent to the issuance of any such
permit, the applicant shall assume all
civil liability for its acts of omission
or commission, and shall further hold
the City harmless for any acts arising
1/ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures constitute the amend-
ment proposed. Remaining provisions are now in effect
and remain unchanged.
epo
or resulting from the issuance of said
permit and any omissions or commissions
on the part of the City of Miami. The
applicant shall insure that adeq ate
safety precautions are in effect at all
times during the term of the permit.
Prior to the issuance of any such
permit, the applicant shall submit to
the City a certificate binder or policy
of liability insurance in an amount not
less than $50,000 per person, $100,000
aggregate or the amounts specified as a
limit of liability set forth in Section
768.28 Florida Statutes, whichever is
greater, which shall include the City
as an additional insured and which shall
provide that it will remain in full force
and effect during the term of the permit.
Section 54-3.3. A fee of fifteen dollars
($15.00) shall accompany each permit
application to the police delartment
to be retained by the City regardless of action
taken in the grant or denial of the permit.
Section 2. All ordinances or parts of
ordinances insofar as they are inconsistent or in conflict
with the provisions of this ordinance are hereby repealed.
Section 3. If any section, part of section,
paragraph, clause, phrase or word of this ordinance is
declared invalid, the remaining provisions of this ordin-
ance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this
27th day of
September
, 1979
PASSED AND ADOPTED ON SECOND AND FINAL READING
BY TITLE ONLY this 17th day of October , 1979.
Maurice A. Ferre
ATTES
am e, 4'
RALP1�{ G. ONGIE, CITY CLERK
MAYOR
ROBERT F. CLARK, ASSISTANT CITY ATTORNEY
S TO FORM AND CORRECTNESS:
GEORe F. KNOX, JR/, CIT ATTORNEY
- 2
89 95
71IAMI. !_c.. IDA
1NTai3.OF',"ii:L- 711,.,"1C:. :!I)Ut+1
TO:
FROM:
Joseph R. Grassie
City Manager
/ILI i4,44444
Kenneth I. Harms
Chief of Police
September 14, 1979
Fee Ordinance
for Traffic and
Sidewalk Obstruction
Ordinance
:'I L E
LEG 7-2
x HZD 2-3
The attached ordinance, which I am recommending, is submitted for
your review and inclusion on the agenda for the City Commision
meeting on September 27, 1979.
This ordinance will amend Section 54-3 of the City Code by estab-
lishing a fee of fifteen dollars ($15.00) for applyt_ng for a per-
mit from the Police Department to obstruct any str, or sidewalk
or to impede vehicular or pedestrian traffic in the .;ity of Miami.
In 1978, approximately 1,336 permits were issued without charge
for street and sidewalk construction related obstructions. At •
the same level of permits in 1980, the fifteen dollars permit
would produce $20,040 for the administrative costs involved in
the processing of these permits.
KIH:cw
Ordinance Attached
cc: Law Department
Finance Department
MIAMI REVIEW
• AND DAILY REEOtSO
/ / • Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally
appeared Becky Caskey, who on oath says that she is
the Assistant Director of Legal Advertising of the
Miami Review and Daily Record, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the
attached copy of advertisement, being a Legal
Advertisement or Notice In the matter of
CITY OF MIAMI
Re: Ordinance No. 8995
in the XXXX Court,
was published in said newspaper in the issues of
October 24, 1979
Affiant further says that the said Miami Review
and Daily Record is a newspaper published et Miami, In
said Dade County, Florida, and that the said newspaper
has heretofore been continuously published in said
Dade County, Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami, in
said Dade County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that she hes
neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund
for the rpose of securing tty(s advertisement for
pubIi t n in the said new "
Notary Fy fEm, 'Slate of 10411 t r
(SEAL) ,�� F ripL0p P 0,
My Commission expires Ju4te/)�T9B2...... %`‘`�
MR•BO
i,
UNAVVU
LEGAL NOTICE
All interested will take notice that on the 17th day of October, 1979,
the City Commission of Miami, Florida passed and adopted the follow-
ing titled ordinance:
ORDINANCE NO. 099S
AN ORDINANCE AMENDING SEC. 54.3OF THE CITY CODE
BY PROVIDING FEES FOR POLICE AND FIRE PERMITS,
SETTING FORTH DUTIES OF APPLICANTS AND
LIMITING CITY LIABILITY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
RALPH G. ONGIE
CITY CLERK
CITY OF MIAMI, -FLORIDA
Publication of this Notice on the 24 day of October, 1979.
10/24 M79•102425