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Home My WebLink AboutO-08997/o ORDINANCE NO. 8997 AN ORDINANCE AMENDING SECTION 54-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH REGULATES PARADES OR PROCESSIONS, BY ESTABLISH- ING STANDARDS UNDER WHICH PERMITS ARE ISSUED FOR HOLDING OR CONDUCTING SUCH PARADE OR PRO- CESSION; FURTHER PRESCRIBING THE FILING AND THE CONTENTS OF AN APPLICATION FOR SUCH PERMIT; ESTABLISHING A FEE TO COVER THE ADMINISTRATIVE COSTS INVOLVED IN THE ADMINISTRATION OF THE PARADE OR PROCESSION PERMIT PROCEDURE; CONTAIN- ING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the right of individuals peaceably to assemble is fundamental to a free society; and WHEREAS, the authority to regulate parades and demonstrations upon public thoroughfares and public property is an inherent police power of a municipality; and WHEREAS, it is the policy of the City of Miami to recognize parades and civic involvement as beneficial to the public; and WHEREAS, it is in the best interest of the community to encour- age such activities; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 54-6 of the Code of the City of Miami, Florida, as amended, is hereby further amended in the following 1/ particulars: "Sec. 54-6. Permit required for parades and processions. a. No procession or parade, except the forces of the United States armed services, the military forces of this state and the forces' of the police and fire depart- ments, shall occupy, march or proceedalong any public street, roadway or public property except in accordance with a permit issued by the chief of police and with such other applicable regulations as are set forth in this code. ,,r tke1t-mery-a.pp»pr The chief of police shall issue such ;)ermit only after the approval for such issuance is given by the city manager,or his designee, following his receipt of a recommendation for action upon the issuance of such permit -te--t-ite-e4-maeeger by the chief of police. Words and/or figures stricken through shall be deleted. Underscored words and/or figures constitute the amendment proposed. The remaining provisions are now in effect and remain unchanged. b. The written application for such permit shall be filed with the chief of police on a form approved by him sufficiently in advance of the pro- posed parade or procession to allow adequate arrange- ments to be made for the proper policing of same. The application shall contain the following: (i) The name of the applicant, the sponsoring organization, the parade or procession chairman, and the addresses and telephone numbers of each. (ii) The purpose of the parade or procession, the date when it is proposed to be conducted, the location of the assembly area, route to be traveled and the approximate time when the parade, procession or motorcade will assemble, start and terminate. (iii) A description of the individual floats, marching units, vehicles, bands, if any, including a description of any sound amplification equipment to be used. (iv) Such other information as the chief of police may deem reasonably necessary. c. Such permits shall set forth conditions reasonably necessary for the protection of the rights, property and personal safety of all parties. Failure to substantially fulfill the conditions set forth in such permit shall ren- der such permit null and void. d. Upon issuance of such permit, the police department shall provide police services adjacent to the permit area to regulate vehicular and pedestrian traffic, conditioned upon the availability of a sufficient contingent of on -duty personnel to provide such services without diminishing routine service levels to the entire community. e. The on -duty contingent shall be supplemented by the number of off -duty offices providing special police service as required and authorized pursuant to Ordinance No. f. By applying for and being granted such permit, the applicant shall assume all civil liability arising from conditions, restrictions, or omissions on the face of the permit. g_ Payment of a nonrefundable fee of $15 for the admin- istrative costs involved in the processing of the herein parade or procession permit application shall accompnay the filing of the permit application and shall remain in the general revenues of the City without regard to the final action taken by the city manager or his designee." 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. -2- 8 9 9 7 Section 3. If any section, part of section, paragraph, clause, phrase, or word of this ordinance is declared invalid, the remain- ing provisions of this ordinance 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. ATT w�- v RALP G. • GIE, CITY CLERK PREPARED AND APPROVED BY: Cr. 4;44‹ ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROV AS TO FORM AND CORRECTNESS: GEO'GE . KNOX, J:. CITY A . ' ORNEY -3- Maurice A. Fevre MAYOR 8997 FROM: Joseph R. Grassie City Manager iidoive op. WCA,II4A, Kenneth I. Harms Chief of Police CITY OF rlIAr-11. cptember 13, 1979 Parade Permit Fee Orai ance 174rfAlt I. CL6, x x LEG 7-2 HZD 2-3 FIN 22 The attached ordinance, which I am recommending, is submitted for your review and inclusion on the agenda for the City Commission meeting on September 27, 1979. This ordinance will amend Section 54-6 of the City Code by estab- lishing a fifteen dollars ($15.00) fee for application for permits to hold parades and processions upon public thoroughfares and public property. In addition, constitutional updates to the exisiting ord- inances have been added establishing standards for permit issuance and prescribing the filing and the contents of a permit application. In 1978, approximately fifty (50) permits were issued, without charge, by the Police Department for parades and demonstrations. At the same level of permits in 1980, the fifteen dollars permit fee would produce seven hundred fifty dollars (P750.00) for the administrative costs involved in the processing of these permits. KIH:cw Ordinance Attached cc: Law Department Finance Department MIAMI REVIEW AND DAiLY RECORD Published Daily except Saturday, Sunday a►.d 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:....O.r..di.nance...N.o......89.97 in the XXX X 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 at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published to 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 atfiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the urpose of securing this advertisement for pubii n in the said news • • • r 011111 24 day of n and y 5rib71 befbr m .this Rid a9.7§ Notar s ip�S� Jg of FLorti aNa Carge (SEAL) [ORIOA My Commission expires July'49,sM{2,,...... J CV MUM • LEGAL NOTICE All intetesfad will take.notite that on the 11th day of Octobtr, 1919, the City Commission of MI6ini, Florida passed and adopted the follow• Ing titled ordinance: ORDINANCE NO. 11997 •AN ORDINANCE AMENDING SECTION 54.6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH. REGULATES PARADES OR PROCESSIONS, BY ESTABLISHING STANDARDS UNDER WHICH PERMITS ARE ISSUED FOR HOLDING OR CONDUCTING SUCH PARADE OR PROCESSION; FURTHER PRESCRIBING THE FILING AND THE CONTENTS OF AN APPLICATION FOR SUCH PERMIT; ESTABLISHING A FEE TO COVER THE ADMINISTRATIVE COSTS INVOLVED IN THE AD- MINISTRATION OF THE PARADE OR PROCESSION PER- MIT PROCEDURE; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. Rl 1.PH G. ONGIE CITY CLERK CiTY OF MIAMI, FLORIDA Publication of this Notice on the 24 day of October 1979. 10/24 M79-102427