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HomeMy WebLinkAboutlegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.#I.us File Number: 04-00556 Final Action Date: AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" BY: AMENDING SECTIONS 54-1, 54-3, 54-6 AND 54-6.2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami has a substantial and significant governmental interest to keep its streets and sidewalks open and available for the movement of people and property, which is the primary purpose of which the streets are dedicated; and WHEREAS, the United States Supreme Court has recognized the right of local governmental entities to enact reasonable time, place and manner restrictions related to protected speech in public forums, including parades, demonstrations, rallies, and assemblies while protecting the First Amendment rights of groups and individuals wishing to express their views; 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 by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 54 of the Code of the City of Miami, Florida, as amended, entitled "Streets and Sidewalks" is further amended in the following 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: "Parade" means any march, moving ceremony, moving show, moving exhibition, moving pageant, footrace, bicycle race, motorcade or procession of any kind or similar display, or -ether -public - ether -entity. A "parade" does not include: City of Miami Page 1 of 11 Primed On: 6/7/2004 File Number: 04-00556 (1) Funeral processions. (2) Students going to and from school classes or participating in educational activities, provided this conduct is under the immediate direction and supervision of the proper school authorities. (3) Any governmental agency acting within the scope of its functions. ,rlt A "Special event" as defined herein. _Parade permit" means a permit as required by sections 54-6 or 38-74 of this Code. "Assembly" means: (i) a company of persons that is collected together in one place, or (ii) any organized march or rally of persons , d that does not meet the The term "assembly" does not definition of "parade" set forth herein in this Coda. include: Li A Special event as defined in this Section. "Assembly permit" means a permit as required by sections 54-6.2 or 38-74 of this Code. "Special event" means an event requiring the erection of stapes, utility poles, booths. tents, or other temporary structures, or the use of parked vehicles or of permanent structures. "Public right-of-way" as used in this Article shall be defined as provided in Section 54-261 of this Chapter. Sec, 54-3. Permit required for work or semeFsiat special events that obstruct or close street or sidewalk or impede traffic; fees; waiver of fees. (a) No person shall obstruct, close, or cause to be obstructed or closed, any street or sidewalk, or park in this city or impede the general movement of vehicular or pedestrian traffic without first having obtained a permit approved by the police department, the public works department, the parks department, and fire -rescue department. After approval by the departments of police, public works, parks, and fire -rescue the city manager, or designee, shall issue a permit. (b) Such permit 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. City of Miami Page 2 of 11 Printed On: 6/2/2004 File Number. 04-00556 (c) It shall be a condition precedent to the issuance of any such permit that the applicant shall assume all civil liability for applicant's acts of omission or commission and shall, further, hold the city harmless for any acts arising or resulting from the permitted work or commercial special event including acts of any omissions on the part of the city. The applicant shall insure that adequate 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 $100,000.00 per person, $200,000.00 aggregate per incident, or the amounts specified as a limit of liability set forth in F.S. § 768.28, and any amendments thereto, 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 full term of the permit. (d) Fees. (1) General. A fee of $100.00 shall accompany each permit application to the police department, to be retained by the city regardless of action taken in the grant or denial of the permit. (2) Commercial Special events. A fee of $0.25 per day per linear foot of street obstructed by the commercial special event shall accompany each permit application to the department of public works for the use of the public right-of-way. The linear footage shall be calculated by the department of public works utilizing the city's officially established monument lines. (3) Waiver of fees. The fees described in subsections (d)(1) and (2) herein above may be waived or reduced by the city commission if the commission determines that such a waiver or reduction is in the city's best interest. (e) This section shall not prevent any person or persons from assembling on the streets or sidewalks, or in anv park, for the purpose of making any speech, engaging in spontaneous expression, or conveying any message to the public or government without holding a permit pursuant to this section. Sec. 54-6. Permit required for parades and procoscionc. (a) No "parade" of fifteen or more persons, shall occupy, march or proceed along any public sidewalk, or within any park, and no "parade" of anv number of persons shall occupy, march or proceed along anv public street, except in accordance with a permit issued by the chief of police, after approval by the department of public works, parks and fire -rescue, and with such other applicable regulations as are set forth in this Code. (b) The written application for such permit shall be filed with the chief of police City of Miami Page 3 of 11 Printed On: 6/2/2004 File Number: 04-00556 on an approved form not less than seven (7) business days nor more than thirty (30) calendar days before the proposed parade to allow adequate arrangements to be made for the proper policing of same. The application shall contain the following: (1) The notification name, address and telephone number of the person seeking to conduct the parade; (2) If the parade is proposed to be conducted for, on behalf ofLor by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of this organization; (3) The name, address and telephone number of the person who will be the parade organizer, and who will be responsible for its conduct; (4) The date when the parade is to be conducted; (5) The route to be traveled, the starting point and the termination point; (6) The approximate number of persons who, and animals and vehicles which, will constitute the parade, the type of animals, and description of the vehicles; (7) The times when the parade will start and end; (8) A statement whether the parade will occupy all or only a portion of the width of the streets public rights-of-wav or areas proposed to be traversed or used; (9) The location by streets, or name of park, of any areas where participants and units of the parade will assemble for the parade; (10) The time at which units of the parade will begin to arrive at the area described in (9); (11) The interval of space to be maintained between units of the parade if applicable; and (12) If the parade is designed to be held by and on behalf of or for any person, organization or other entity, other than the applicant, a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on such other person's, organization's or other entity's behalf. (c) Criteria for issuance: The police chief shall issue a "parade permit" when, from a consideration of the application and from such other information as may otherwise be obtained, the following criteria, appear to be satisfied. The police chief shall not have the discretion to consider any other matters or criteria, other than those listed herein, in determining whether a "parade permit" should be granted or denied. it- ppeafs at: (1) For a parade on the public right-of-wav, tThe conduct of the parade will City of Miami Page 4 of 1I Printed On: 6/2/2004 File Number: 04-00556 not substantially interrupt the safe and orderly movement of other traffic contiguous to its route. (2) For a parade in a park, the conduct of the parade will not substantially interrupt the use of the park by other members of the public; (3) The police department can provide police services adjacent to the permit area to regulate vehicular and pedestrian traffic, with the availability of a sufficient contingent of on -duty personnel to provide such services without diminishing routine service levels to the entire community; (4) The concentration of persons and vehicles at assembly points of the parade or assembly will not unduly interfere with proper fire and police protection or ambulance service to areas contiguous to the assembly areas; (5) The conduct of the parade will not interfere with the movement of firefighting equipment en route to a fire; and (6) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; Lfl A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular public right-of-way, park, or part thereof; u The parade intended by the applicant would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same time and place; (9) The proposed parade is prohibited by, or inconsistent with, the classifications and uses of the park, or part thereof designated pursuant this Chapter; (10) The parade would present an unreasonable danger to the health or safety of the applicant, or users of a park, or city employees, or the public; and (11) The parade is prohibited by law, or by this Code; (12) The application for permit contains a material falsehood or misrepresentation., LIM The applicant is legally incompetent to contract or to sue and be sued; and (14) The applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature of scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant; City of Miami Page S of 11 Printed On: 6/2/2004 He Number: 04-00556 LIM The application for permit is not fully completed and executed; (16) The applicant or the person on whose behalf the applicant for permit was made has on prior occasions damaged City property and has not paid in full for such damage. (17) A state of federal, state or local emergency has been declared by lawful authority for the proposed time. (d) Permits shall set forth conditions reasonably necessary for the protection of the rights, property and personal safety of all parties based on the criteria set forth in Sec.54-6(c). Failure to substantially fulfill the conditions set forth in such permit shall render such permit null and void. (e) Compliance; possession of permit: (1) A permittee under this Code shall comply with all permit directions and conditions and with all applicable laws and sections of this Code and other ordinances. (2) The chair or other person heading or leading the parade shall carry the parade permit personally during the conduct of the parade. (f) 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. (g) By applying for and being granted such permit, the applicant shall assume responsibility for compliance with the conditions, on the face of the permit. (h) The police chief shall act upon the application for a parade permit within three (3) business days after filing thereof. If the police chief disapproves the application, the applicant shall receive written notice of denial within (3) business days after the date upon which the application was filed. Such notice will state the reasons for denial of the permit. (i) No fee shall be required for the issuance of a parade permit. (j) Appeal of denial: Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Manager. The appeal shall be filed with the City Manager within two (2) business days after the notice of denial is received. The City Manager shall act in writing upon the appeal within two (2) business days. (k) Alternate date, time, location or route: The police chief, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route or location different from that named by City of Miami Page 6 of 11 Printed On: 6/2/2004 File Number: 04-00556 the applicant. An applicant may propose and provide for the on -duty police officers to be supplemented by the number of off -duty officers providing special police service as required to maintain adequate routine service levels pursuant to chapter 42 of this Code. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action of the police chief, file a written notice of acceptance with the police chief. An alternate date parade permit shall conform to the requirements of and shall have the effect of a parade permit under this article. (I) Revocation. The police chief shall only have the authority to revoke a "parade permit" issued under this division section upon finding that application --of the criteria for issuance as set forth in this section no longer exist. A permittee may seek immediate judicial review of anv decision to revoke a "parade permit." Sec. 54-6.2. Permit required for assemblies. (a) No "assembly" of fifteen or more persons, shall occupy, march or proceed along any public street, roadway or public property right-of-way, anv park, any government property, building or grounds, except in accordance with a permit issued by the chief of police, after approval by the department of public works, parks and fire -rescue, and with such other applicable regulations as are set forth in this Code. (b) The written application for such permit shall be filed with the chief of police on an approved form not less than five (5) calendar days, or as soon as practicable if the event is of a spontaneous or urgent nature, or more than thirty (30) calendar days prior to the proposed assembly or procession so that the city can make any preparations necessary to provide personnel or other city services to minimize the interruption of city services and to otherwise protect the participants and the public. The application shall contain the following: (1) The notification name, address and telephone number of the person seeking to conduct the assembly; (2) If the assembly is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of this organization; (3) The name, address and telephone number of the person who will be the assembly organizer and who will be responsible for its conduct; (4) The date when the assembly will occur; (5) The route to be traveled, if applicable, the starting point and the termination point; (6) The approximate number of persons who and animals and vehicles that will constitute the assembly, the type of animals and description of the vehicles; City of Miami Page 7 of 11 Printed On: 6/2/2004 File Number: 04-00556 (7) The times when the assembly will start and end; (8) A statement whether the assembly will occupy all or only a portion of the width of the areas proposed to be used or traversed; (9) The location of any gathering areas for the assembly; (10) The time at which units of the assembly will begin to arrive at the gathering area; (11) The interval of space to be maintained between units of the assembly if applicable; and (12) If the assembly is designed to be held by and on behalf of or for any person other than the applicant, a communication in writing from the person proposing to hold the assembly, authorizing the applicant to apply for the permit on such person's behalf. (c) Criteria for issuance: The police chief shall issue a _'assembly permit" when, from a consideration of the application and from such other information as may otherwise be obtained, the following criteria, appear to be satisfied. The_police chief shall not have the discretion to consider any other matters or criteria. other than those listed herein, in determining whether a parade permit should be granted or denied. it --appears hat: (1) The con uct a assembly will not substantially interrupt the safe and orderly movement of etcher traffic contiguous to its route; (2) The police department can provide police services adjacent to the permit area to regulate vehicular and pedestrian traffic, with the availability of a sufficient contingent of on -duty personnel to provide such services without diminishing routine service levels to the entire community; (3) The concentration of persons and vehicles at assembly points of —the - assembly will not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to the assembly areas; (4) The conduct of the assembly will not interfere with the movement of firefighting equipment en route to a fire; and A fully executed prior application for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the proposed assembly location, or part thereof; n The assembly intended by the applicant would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same time and place; City of Miami Page 8 of 11 Printed On: 6/2/2004 File Number: 04-00556 (7) The proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant this Chapter: 1.111 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, or city employees, or the public; and u The use or activity intended by the applicant is prohibited by law, or by this Code; (10) The application for permit contains a material falsehood or misrepresentation; .(11) The applicant is legally incompetent to contract or to sue and be sued: and (12) The applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regardinq_the nature or scope of a use or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant; (13) The applicant for permit is not fully completed and executed; The applicant or the person on whose behalf the applicant for permit was made has on prior occasions damaged city property and has not paid in full for such damage. (15) A state of federal, state or local emergency has been declared by lawful authority for the proposed time. (d) Permits shall set forth conditions reasonably necessary for the protection of the rights, property and personal safety of all parties based on the criteria set forth in Sec.54-6.2(c). Failure to substantially fulfill the conditions set forth in such permit shall render such permit null and void. (e) Compliance; possession of permit: (1) A permittee under this Code shall comply with all applicable laws and sections of this Code and other ordinances. (2) The assembly chair or other person heading or leading such activity shall carry the assembly permit personally during the conduct of the assembly. (f) By applying for and being granted such permit, the applicant shall assume responsibility for compliance with conditions on the face of the permit. (g) The police chief shall act upon the application for a assembly permit within City of Miami Page 9 of 11 Printed On: 6/2/2004 File Number: 04-00556 three (3) business days after filing thereof. If the police chief disapproves the application, the applicant shall receive written notice of denial within two (2) business days after the date upon which the application was filed. Such notice will state the reasons for denial of the permit. (h) No fee shall be required for the issuance of a assembly permit. (i) Appeal of denial: Any person aggrieved shall have the right to appeal the denial of an assembly permit to the City Manager. The appeal shall be filed with the City Manager within two (2) business days after the notice of denial is received. The City Manager shall act in writing upon the appeal within one (1) day. (j) Alternate date, time, location or route: The police chief, in denying an application for an assembly permit, shall be empowered to authorize the conduct of the assembly on a date, at a time or over a route or location different from that named by the applicant. An applicant may propose and provide for the on -duty police officers to be supplemented by the number of off -duty officers providing special police service as required to maintain adequate routine service levels pursuant to chapter 42 of this Code. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the police chief, file a written notice of acceptance with the police chief. An alternate date assembly permit shall conform to the requirements of and shall have the effect of a assembly permit under this article. (k) The police chief shall only have the authority to revoke an _'assembly permit" issued under this section sliv+sien upon finding that the criteria for issuance as set forth in this section no longer exist. A permittee may seek immediate judicial review of any decision to revoke an "assembly permit." Section 4. All ordinances or parts of ordinances that are or are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. 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 6. This Ordinance is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs. Section 7. The requirements of reading this Ordinance on two separate days is dispensed with an affirmative vote of not less than four -fifths (4/5ths) of the members of the Commission. Section 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.(2) City of Miami Page 10 of 11 Printed On: 6/2/2004 File Number: 04-00556 APPROVED AS TO FORM AND CORRECTNESS ALEJANDRO VILARELLO CITY ATTORNEY Footnotes: (1) Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. (2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. City of Miami Page 11 of 11 Printed Om r 6/2/2004