HomeMy WebLinkAboutO-12584City of Miami
Legislation
Ordinance: 12584
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01001 Final Action Date: 9/9/2004
(4/STHS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "STREETS AND SIDEWALKS" BY AMENDING SECTION 54-1
AMENDING THE DEFINITIONS OF "ASSEMBLY," "SPECIAL EVENT" AND
DEFINING "SPECIAL EVENT PERMIT;" AMENDING SECTION 54-3 TO CLARIFY
ITS APPLICABILITY ONLY TO WORK IN THE PUBLIC RIGHT-OF-WAY; AMENDING
SECTION 54-6 TO REDUCE THE TIME THE CITY MANAGER SHALL HAVE TO
ACT UPON A DENIAL OF A PARADE PERMIT FROM TWO TO ONE BUSINESS
DAY; TO REQUIRE AN APPLICANT TO CERTIFY IF AN ASSEMBLY IS OF A
SPONTANEOUS OR URGENT NATURE IF FILED LESS THAN FIVE CALENDAR
DAYS PRIOR TO THE PROPOSED ASSEMBLY; TO SPECIFY THE TIME LIMIT FOR
THE CHIEF OF POLICE TO ACT ON AN ASSEMBLY PERMIT IF THE APPLICANT
HAS CERTIFIED THAT THE ASSEMBLY IS OF A SPONTANEOUS OR URGENT
NATURE; TO SPECIFYATIME LIMIT IN WHICH THE CITY MANAGER MAY ACT
UPON AN APPEAL IF AN APPLICANT HAS CERTIFIED THAT THE ASSEMBLY IS
OF A SPONTANEOUS OR URGENT NATURE; 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:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
City of Miami
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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 organized moving: march, moving QD ceremony, moving
(iii) show, moving (iv) exhibition, moving (v) pageant, (vi) footrace, (vii) bicycle race,
(viii) motorcade or (ix) procession of any kind or (x) similar display. A "parade" does
not include:
(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.
(4) 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 any organized: (i) a company of persons that is collected
together in one place, or (ii) any organized march demonstration or rally of persons
that does not meet the definition of "parade" set forth herein. The term "assembly"
does not include:
(1) 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 outdoor public celebration or gathering which involves
either the use of public parks, public rights -of -way, or privately -owned property
when it is reasonably expected that more than 300 people will gather for seven (7)
or fewer contiguous days, and which includes entertainment, dancing, music,
dramatic productions, art exhibitions, parades or the sale of merchandise, food or
alcohol, or any combination of the foregoing, and which requires eventrequiring
the erection of stages, utility poles, booths, tents, or other temporary structures, or
the use of parked vehicles or of permanent structures, and which of necessity
requires for its successful execution the provision and coordination of municipal
services to a degree significantly over and above that which the city routinely
provides under ordinary everyday circumstances.
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"Special event permit" means a permit as required by sections 54-6.3 or 38-74 of
this Code.
"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 that obstructs or closes a street, or sidewalk or
impedes traffic; fees; waiver of fees.
(a) Scope. No person shall perform or conduct work in the public right-of-way,
such as digging, drilling, repaving, etc., which obstructs, closes, or causes to be
obstructed or closed, any streets sidewalk, or any other part of the public
right-of-way in this city,_or which impedes 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 the
fire -rescue department. After approval by the departments of police, public works,
p'1� and fire -rescue, the city manager, or designee, shall issue a permit.
(b) Conditions. Such permit shall set forth minimal reasonable conditions
necessary for the protection of property and personal safety. Willful Any violation
of the conditions set forth shall render such permit null and void.
(c) Indemnity, Hold Harmless and Insurance. 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 injuries or damages arising or resulting from the permitted
work or special event including any injuries or damages resulting from alleged
negligent acts of any or 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) Special events. A fee of $0.25 per day per linear foot of street
ob cted h special event shall accompany each permit application to the
department of public works for the use of the public right of way. The linear
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footage shall be calculated by the department of public works utilizing the city's
officially established monument lines.
{3) (2) 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) Public gatherings. This section shall not prevent any person or persons
from assembling on the streets or sidewalks, or in any 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. In addition, this section shall not apply either to an "assembly", to a
"parade" or to a "special event", as they are defined in Section 54-1.
Sec. 54-6. Permit required for parades.
(a) Scope. No "parade" of fifteen or more persons, shall occupy, march or
proceed along any public cidcwalk right-of-way, or within any park, and no "parade"
of any number of persons shall occupy, march or proceed a within any 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) Application. The written application for such permit shall be filed with the
chief of police on an approved form not less than ccvcn (7) twenty-one (21)
business days nor more than thirty (30) forty-five (45) 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 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
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 a description of the
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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 public rights -of -way 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.
(1) For a parade on the public right-of-way, the conduct of the parade will
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 fire
fighting equipment en route to a fire;
(6) The parade is scheduled to move from its point of origin to its point of
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termination expeditiously and without unreasonable delays en route;
(7) 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;
(8) 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;
(13) 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;
(15) The application for permit is not fully completed and executed;
(16) The applicant, or the person on whose behalf the applicant for
permit was madeLhas 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) Conditions. 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 thic-Cedc shall comply with all permit directions and
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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, and be in possession thereof at all times, during the
conduct of the parade.
(f) Police Services to Adjacent Areas. 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) Compliance with Conditions. 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) Notice of Approval, approval with modifications, or denial. The police chief
shall act upon the application for a parade permit and give the applicant notice of
approval, approval with modification, or denial, within three (3) seven (7) business
days after the filing thereof of the application. If the police chief disa ove&
denies the application, the applicant shall rcccive 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) Fees. No fee shall be required for the issuance of a parade permit.
(j) Appeal of denial: Any parson -aggrieved applicant 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)
one (1) business days. Any applicant aggrieved by the decision of the City
Manager may seek immediate judicial review.
(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
proposed 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 (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 section upon finding that the criteria for issuance
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as set forth in this section no longer exist. A permittee may seek immediate judicial
review of any decision to revoke a "parade permit".
Sec. 54-6.2. Permit required for assemblies.
(a) Scope. No "assembly" of fifteen or more persons, shall occupy
out-of-doors, march or proceed along any public right-of-way, any 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) Application. 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 applicant certifies that the assembly 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 approximate number of persons who will constitute the assembly;
(6) The approximate number of persons who and animals and vehicles that
will constitute the assembly, the type of animals and a description of the vehicles;
(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 public right-of-way, park, government property, building or grounds, of the
arcas proposed to be used or traversed;
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(9) The location of any gathering areas for the assembly area;
(10) The time at which units physical boundaries 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 llicahle d reserved.
(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.
(1) The assembly will not substantially interrupt the safe and orderly
movement of traffic contiguous to its route location;
(2) The police department can provide police services adjacent to the
permit assembly 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 the assembly points area
will not unduly interfere with proper fire and police protection of,_or ambulance
service to, areas contiguous to the assembly areas;
(4) The assembly will not interfere with the movement of fire fighting
equipment en route to a fire;
(5) 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;
(6) 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;
(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;
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(8) 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
(9) 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
regarding 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;
(14) 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) Conditions. 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 thic—Cedc 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 the
assembly shall carry the assembly permit personally, and be in possession thereof
at all times, during the conduct of the assembly.
(f) Compliance with Conditions. By applying for and being granted such
permit, the applicant shall assume responsibility for compliance with conditions on
the face of the permit.
(g) Notice of Approval, Approval with Modifications, or Denial. The police chief
shall act upon the application for a assembly permit, and give the applicant notice
of approval, approval with conditions, or denial, within three (3) business days after
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the filing thereof of the application, except that if the applicant has certified that the
assembly is of a spontaneous or urgent nature, within eight (8) hours after the filing
the application. If the police chief,disapproves denies the application, the applicant
shalalel reci�e w yten {
ce enial within two (2) —ham,p- ess days —after the date -
upon which the application was filed. Ssuch notice will state the reasons for denial
of the permit.
(h) Fees. No fee shall be required for the issuance of a an assembly permit.
(i) Appeal of denial: Any person aggrieved applicant 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, or designee, shall act in writing upon the appeal
within one (1) day after the filing of the appeal, except that if the applicant has
certified that the assembly is of a spontaneous or urgent nature, within eight (8)
hours after the filing of the appeal. Any applicant aggrieved by the decision of the
City Manager may seek immediate judicial review.
(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 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 3. All Ordinances or parts of Ordnces that a inconsistent or in conflict with the provisions
of this Ordinance are repealed.
Section 4. If any Section, part of any section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. 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
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 6. 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 7. This Ordinance shall become effective immediately upon its adoption and signature of
City of Miami
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the Mayor.{2}
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.
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