HomeMy WebLinkAboutO-12439City of Miami
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Ordinance: 12439
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0146 Final Action Date: 11/13/2003
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38,
ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "PARKS AND RECREATION, USE REGULATIONS, BAYFRONT PARK
MANAGEMENT TRUST, TO ESTABLISH CRITERIA FOR DENIAL OF PERMITS
FOR USE OF BAYFRONT PARK AND ITS FACILITIES; MORE PARTICULARLY
BY ADDING NEW SECTION 38-116 TO SAID CODE; CONTAININGA
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chapter 38/Article III of the Code of the City of Miami, Florida, as amended, entitled
"Parks and Recreation/Bayfront Park Management Trust", is amended in the following
particulars:{1}
"CHAPTER 38
PARKS AND RECREATION
Article III. Bayfront Park Management Trust
* * *
Sec. 38-116. Criteria for denial of permits for use of Bayfront Park and its facilities.
To the extent permitted by law, the Trust may deny a permit for the use of its facilities if the
applicant, or the person on whose behalf the application is made, has on prior occasions made
material misrepresentations regarding the nature or scope of an event or activity previously
permitted or has violated the terms of prior permits issued to or on behalf of the applicant.
The Trust may also deny a permit on any of the following grounds:
(1) the application for permit (including any required attachments and submissions) is not fully
completed and executed;
(2) the applicant has not tendered the required application fee with the application or has not
tendered the required user fee, use -agreement or other type of agreement, insurance certificate,
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Page 1 of 3 File Id: 03-0146 (Version: 2) Printed On: 8/18/2016
File Number: 03-0146 Enactment Number: 12439
or security deposit within the times prescribed by the Executive Director;
(3) the application contains a material falsehood or misrepresentation;
(4) the applicant is legally incompetent to contract or to sue and be sued;
(5) the applicant or the person on whose behalf the application was made has on prior occasions
damaged Trust property and has not paid in full for such damage, or has other outstanding and
unpaid debts to the Trust;
(6) a fully executed prior application for the same time and place has been received, and an
agreement has been or will be granted to a prior applicant authorizing uses or activities which do
not reasonably permit multiple occupancy of the particular park or part hereof;
(7) the use or activity intended by the applicant would conflict with previously planned programs
organized and conducted by the Trust and or the City and previously scheduled for the same time
and place;
(8) the proposed use or activity is prohibited by or inconsistent with the classifications and uses of
the park or part thereof designated pursuant to this chapter;
(9) the use or activity intended by the applicant would present an unreasonable danger to the
health or safety of the applicant, or other users of the park, of Trust Employees or of the public;
(10) the applicant has not complied or cannot comply with applicable licensure requirements,
ordinances or regulations of the Trust and or City concerning the sale or offering for sale of any
goods or services; and
(11) the use or activity intended by the applicant is prohibited by law, by the City of Miami
Charter, this Code, the Zoning Code and ordinances of the City of Miami, or by the regulations of
the Trust.
Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the
provisions of this Ordinance are 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 Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof. {2}
Footnotes:
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File Number: 03-0146 Enactment Number: 12439
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provision are now in effect and remain unchanged. Astericks
indicate omitted and unchanged material.
{2} This Ordinance shall become effetive as specified herein unless vetoed by teh Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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