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HomeMy WebLinkAboutlegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-01425 Final Action Date: (4/5THS 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 DEFINITION OF "PARADE," AND AMENDING THE DEFINITION OF "ASSEMBLY;" AMENDING SECTION 54-3 TO CLARIFY THAT PUBLIC GATHERINGS ON PRIVATE PROPERTY ARE NOT WITHIN THE SCOPE OF THIS SECTION; AMENDING SECTION 54-6 TO INCREASE THE THRESHOLD NUMBER OF PERSONS WHICH CONSTITUTE A PARADE FROM FIFTEEN TO FIFTY; AMENDING SECTION 54-6.2 TO INCREASE THE THRESHOLD NUMBER OF PERSONS WHICH CONSTITUTES AN ASSEMBLY FROM FIFTEEN TO FIFTY, TO REQUIRE A PERMIT FOR ANY NUMBER OF PERSONS TO OCCUPY ANY STREET, TO REDUCE THE TIME THE CHIEF OF POLICE SHALL ACT UPON A PERMIT FOR AN ASSEMBLY OF AN URGENT OR SPONTANEOUS NATURE FROM EIGHT TO FOUR HOURS, AND TO REDUCE THE TIME THE CITY MANAGER SHALL ACT UPON AN APPEAL OF A DENIAL OF A PERMIT FOR AN ASSEMBLY OF AN URGENT OR SPONTANEOUS NATURE FROM EIGHT TO FOUR HOURS; 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 City of Miami Page I of 1I Printed On: I/4/2005 File Number:: 04-01425 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: (i) march, (ii) ceremony, (iii) show, (iv) exhibition, (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; A motor vehicle or motor vehicles operating in compliance with all applicable traffic laws, ordinances and regulations; and LQ), A pedestrian or pedestrians merely crossing a street, or traversing a sidewalk, while obeying all applicable traffic and pedestrian laws, ordinances and regulations, and which activity does not obstruct other pedestrian traffic on a sidewalk. "Parade permit" means a permit as required by sections 54-6 or 38-74 of this Code. "Assembly" means any organized: (i) company of persons that is collected together in one place, or (ii) 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. u Still photography, motion picture photography, or electronic (television) photography for commercial purposes, on any public roadway, sidewalk, street, park, causeway, beach, lagoon, or on any city -owned property or facility in the city for which a commercial photographic permit is required under section 41-26 of this Code. "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 the erection of City of Miami Page 2 of 11 Printed On: 1/4/2005 File Number: 04-01425 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. "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 doses 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 street, 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, and the fire -rescue department. After approval by the departments of police, public works, 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. 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 injuries or damages arising or resulting from the permitted work including any injuries or damages resulting from alleged negligent acts 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) 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) Waiver of fees. The fees described in subsection (d)(1) hereinabove 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 City of Miami Page 3 of 11 Printed On: 1/4/2005 File Number: 04-01425 on the streets or sidewalks, or in any park, or on private property, 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 fibâ–º or more persons, shall occupy, march or proceed along any public right-of-way, or within any park, and no "parade" of any number of persons shall occupy, march or proceed 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 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 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 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); City of -Miami Page 4 of 11 Printed On: 1/4/2005 File Number: 04-01425 (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 firefighting equipment en route to a fire; (6) The parade is scheduled to move from its point of origin to its point of 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; City of Miami Page 5 of 11 Printed On: 1/4/2005 File Number: 04-01425 (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 made, has on prior occasion 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 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 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, 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) business days after the filing of the application. If the police chief denies the application, the notice will state the reasons for denial. (i) Fees. No fee shall be required for the issuance of a parade permit. (j) Appeal of denial: Any 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 one (1) business day. Any applicant aggrieved by the decision of the City Manager may seek immediate City of Miami Page 6 of 11 Printed On: 1/4/2005 File Number: 04-01425 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 proposed by the applicant. An applicant may propose and provide for 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. (1) 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 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 fifty or more persons, shall occupy out-of-doors, any public right-of-way, any park, any government property, building or grounds, and no "assembly" of anv number of persons shall occupy any 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 five (5) calendar days, or as soon as practicable if the applicant certifies that the assembly is of a spontaneous or urgent nature, or more than thirty (30) calendar days prior to the proposed assembly, 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 approximate number of persons who will constitute the assembly; (6) The approximate number of animals and vehicles that will constitute the assembly, the type of animals and a description of the vehicles; City of Miami Page 7 of 11 Primed On: 1/4/2005 File Number: 04-01425 (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 public right-of- way, park, government property, building or grounds, proposed to be used; (9) The location of the assembly area; (10) The physical boundaries of the assembly area; and (11) 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 permit should be granted or denied. (1) The assembly will not substantially interrupt the safe and orderly movement of traffic contiguous to its location; (2) The police department can provide police services adjacent to the 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 area will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly area; (4) The assembly will not interfere with the movement of firefighting 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; (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; City of Miami Page 8 of 11 Printed On: 1/4/2005 File Number: 04-01425 (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 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 shall comply with all applicable laws and sections of this Code and other ordinances. (2) The assembly chair or other person heading or leading 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 permit, and give the applicant notice of approval, approval with conditions, or denial, within three (3) business days after the filing of the application, except that if the applicant has certified that the assembly is of a spontaneous or urgent nature, within eight(8) four (4) hours after the filing the application. If the police chief denies the application such notice will state the reasons for denial of the permit. (h) Fees. No fee shall be required for the issuance of an assembly permit. (i) Appeal of denial: Any 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) four (4) hours after the filing of the City of Miami Page 9 of 11 Printed On: 1/4/2005 File Number: 04-01425 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 ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 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 on an affirmative vote of not Tess 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 the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS JORGE L. FERNANDEZ CITY ATTORNEY City of Miami Page 10 of 11 Printed On: 1/4/2005 File Number: 04-01425 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 On: 1/4/2005