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HomeMy WebLinkAboutO-12640City of Miami Legislation Ordinance: 12640 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 05-00003 Final Action Date: 1/13/2005 (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 54-6.3(M) CLARIFYING OTHER PUBLIC GATHERINGS NOT GOVERNED BY SAID SECTION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") has a substantial and significant governmental interest in insuring that the City will have adequate advance notice of a proposed special event and the cooperation of the organizers in order to property plan the City services, such as security, sanitation and traffic control that are required for such an event; and WHEREAS, the City also has a substantial and significant governmental interest in insuring that its parks are protected from extreme wear and tear, by limiting the number and type of events held in parks; and WHEREAS, it is the intent of the City and the purpose of this Ordinance, insofar as possible, to recoup the costs to the City in providing services to festivals, including, but not limited to personnel, equipment and supplies, sanitation (litter, debris and human waste), wastewater, utilities, park maintenance and restoration, although it is not the intention that the cost of festival permit fees be used for revenue production; and WHEREAS, it is the further intent of the City to promote and encourage events for the greater good and cultural diversity of the city. 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 City of Miami Page 1 of 7 File Id: 05-00003 (Version: 1) Printed On: 10/21/2016 File Number: 05-00003 Enactment Number: 12640 Sec. 54-6.3. Special Events. Permit required for special events that obstruct or close street, sidewalk or park, or that impede traffic; scope; application; criteria for issuance; conditions; compliance; possession of permit; indemnification, hold harmless and insurance; fees; other permits and licenses; notice of approval, modification and denial; alternative date, time and location; appeal of denial; revocation; and other public gatherings. (a). Scope. No person shall hold a "special event" which obstructs, closes, or causes 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. (b).Application. The written application for a "special event permit" shall be filed with the chief of police on an approved form not less than ninety (90) calendar days before the proposed special event to allow adequate arrangements to be made for the proper personnel, equipment and supplies, sanitation (litter, debris and human wastes), wastewater, utilities, park maintenance and restoration. The application shall contain the following: (1). The notification name, address and telephone number of the person seeking to conduct the special event; (2). If the special event 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 special event organizer, and who will be responsible for its conduct; (4).The date or dates when the special event is to be conducted, including projected set-up and break -down and the opening and closing time for each day of the event; (5).The specific location within the city where the special event is to be held; (6).The approximate number of persons who will attend the special event. The applicant shall include the attendance totals from previous years' special events; (7). A site plan showing the layout of the special event area, the boundaries of the overall special event area, and the location of portable toilets to be provided, and the number of toilets at each location. (8). Whether any street closings are requested and, if so, which streets and the dates and times of closing, and the location of any proposed barricades; (9).Whether any beer, wine or spirituous beverages are expected to be sold for personal consumption in public, together with a detailed proposal for any such sale, indicating among other things who is expected to be the vendor, whether such vendor presently holds any type of license for on -premises consumption of alcoholic beverages, and stating the exact locations and times for such sales. City of Miami Page 2 of 7 File Id: 05-00003 (Version: 1) Printed On: 10/21/2016 File Number: 05-00003 Enactment Number: 12640 (10). Whether any temporary outdoor structures, booths, tents, or utility poles are proposed to be erected, describing them in detail. (11). Whether any signs, or banners are proposed to be erected, giving details. (12). Whether a parade is expected to be held in connection with the special event, stating the time, location and anticipated number of participants; (13). Whether any entertainment will be involved, giving details as to nature, time and place of such entertainment, including locations of stages; (14). Whether there will be street vendors involved, giving details, including specifically contracted or regularly licensed vendors; (15). How the applicant proposes to ensure the cleanup of the area, including: (a) the number, volume and location of containers within the boundaries of the special event area for the collection and disposal of solid waste generated by the proposed special event; and (b) the number, volume and location of containers, within the boundaries of the special event for the separate collection, removal and recovery of recyclable materials generated by the proposed special event; (16). A specific plan for internal emergency medical services for the special event, giving details; (17). A specific plan for internal security for the special event, specifying the number of off -duty law enforcement personnel and private security guards which the applicant plans to hire, what arrangements the applicant has made for hiring them; (18). Whether utility services such as electrical power or water will be required, specifying the amount and type, and stating the applicant's proposal, if any, for obtaining such services; and (19). Whether the applicant intends to gate the special event and charge an admission fee, specifying the amount of the fee and details as how the applicant proposes to gate the special event. (c). Criteria for issuance of special event permit. The Chief of Police, or designee, shall issue a "special event 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 Chief of Police shall not have the discretion to consider any other matters or criteria, other than those listed herein, in determining whether a "special event permit" should be granted, modified or denied. (1). For a special event to take place wholly or partially on the public right-of-way, the conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to the special event; (2). For a special event to take place wholly or partially in a park, the conduct of the special event will not substantially interrupt the use of the park by other members of the public; City of Miami Page 3 of 7 File Id: 05-00003 (Version: 1) Printed On: 10/21/2016 File Number: 05-00003 Enactment Number: 12640 (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 the special event will not unduly interfere with proper fire and police protection or ambulance service to areas contiguous to the special event; (5). The special event will not interfere with the movement of firefighting equipment en route to a fire; (6). 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; (7).The special event 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; (8).The proposed special event is prohibited by, or inconsistent with, the classifications and uses of the park, or part thereof, designated pursuant this Chapter; (9). The special event would present an unreasonable danger to the health or safety of the applicant, or users of a park, or city employees, or the public; (10). The special event is prohibited by law, or by this Code; (11). The application for permit contains a material falsehood or misrepresentation; (12). The applicant is legally incompetent to contract, or to sue and be sued; (13). 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; (14). The application for permit is not fully completed and executed; (15). 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; (16). A state of federal, state or local emergency has been declared by lawful authority for the proposed time; (17). No permit shall be denied, nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any message which may be conveyed at a festival, or on account of the identity or associational relationships of the applicant, nor to any assumptions as to the amount of hostility which may be aroused in the public by the content of City of Miami Page 4 of 7 File Id: 05-00003 (Version: 1) Printed On: 10/21/2016 File Number: 05-00003 Enactment Number: 12640 speech or message conveyed by the special event; (18). No applicant for, or recipient of, a special event permit shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of a festival and its attendees from hostile members of the public or counter -demonstrators, or for traffic control outside the boundaries of the special event, or for general law enforcement in the vicinity of the special event. However, the holder of a permit shall be required to provide for a plan for internal security for the special event and shall be required to provide and pay for off -duty police officers and private security guards for such internal security purposes as required by the Chief of Police. In determining the adequacy and appropriateness of any internal security plan, the Chief of Police shall be guided solely by considerations of the number and qualifications of off -duty police and private security guards necessary to provide internal security within the boundaries of the special event, as indicated by experience with similar events; (19). Permits granted pursuant to this section shall not authorize more than ten (10) calendar days of special events for any particular applicant per calendar year; (20). The Chief of Police may deny a permit to an applicant who has failed to complete payment of any sums required for a previously permitted special event until such time as payment is received, or may condition the granting of a new permit on the payment of amounts in arrears in connection with previous special events; and (21). The Chief of Police may deny a permit to an applicant who has failed to substantially perform a cleanup plan which was made a condition of a previous permit, or who has defaulted on a previous sanitation bond or fee or supplemental user fee deposit in connection with a permitted special event until such time as restitution is made. (d). Conditions. A permit for a special event 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- 6.3(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; and (2).The chair, or other person organizing or heading the special event, shall carry the special event permit personally during the conduct of the special event. (f). Indemnification, Hold Harmless and Insurance. It shall be a condition precedent to the issuance of any permit issued under this section that the applicant shall assume all civil liability for applicant's acts or omissions and shall, further, hold the city harmless for any damages to persons or property on claims that arise from the permitted special event. Prior to the issuance of any such permit, the applicant shall also submit to the city a certificate of liability insurance, procured from a company licensed to do business in the State of Florida, 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 § 768.28(5), F.S. (2003), and any amendments thereto, whichever is greater, which shall protect the City of Miami Page 5 of 7 File Id: 05-00003 (Version: 1) Printed On: 10/21/2016 File Number: 05-00003 Enactment Number: 12640 city, its officers, agents, and employees, the special event and its contractors from any and all claims for damages to property and or bodily injury which may result from or in connection with any of the operations carried on by the applicant, and 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. The Chief of Police must receive a copy of the certificate of insurance no later than two weeks prior to the date of the special event. (g). Fees.A fee of $0.25 per day per linear foot of street obstructed by the 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. (h).Other permits and licenses. Nothing in this section shall be construed as repealing other sections of this Code or other ordinances requiring separate applications for permits or licenses for specific portions of the proposed special event, such as a parade permit, building, electrical, plumbing or related permits, licenses to sell alcoholic beverages or permits to sell in parks or on city streets. Those permits or licenses must be applied for separately in accordance with the laws or sections this Code or other ordinances specifically governing such activities. (i) Notice of approval, notice of approval with modifications, notice of denial. The police chief shall act upon the application for a permit within ninety (90) days after filing thereof, but in no event later than forty-five (45) days before the date of the special event. If the application is denied, such notice will state the reasons for denial. (k). Alternate date, time, or location. The Chief of Police, in denying an application for a special event permit, shall be empowered to authorize the conduct of the special event on a date, at a time or location different from that requested 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 Chief of Police, file a written notice of acceptance with the Chief of Police. An alternate special event permit shall conform to the requirements of, and shall have the effect as, a special event permit under this article. (j) Appeal of denial. Any applicant shall have the right to appeal the denial of a special event permit to the City Manager. The appeal shall be filed with the City Manager within seven (7) calendar days after the notice of denial is received. The City Manager shall act in writing upon the appeal within seven (7) business days. Any applicant aggrieved by the decision of the City Manager may seek immediate judicial review. (I) Revocation. The police chief shall only have the authority to revoke a "special event 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 "special event permit". (m). Other public gatherings. This section shall not prevent any person or persons from conducting a parade, assembling on the streets or sidewalks, er in any park, or on private property, for the purpose of making any speech, engaging in spontaneous expression, or conveying any City of Miami Page 6 of 7 File Id: 05-00003 (Version: 1) Printed On: 10/21/2016 File Number: 05-00003 Enactment Number: 12640 message to the public or government without holding a permit pursuant to this section. Should any such persons wish to assemble for such purpose and should they not be holding a special event permit under this section, they shall not be prevented from doing so, provided that they have complied with any other ordinance or law, if there be any, regulating such other event or gathering. However, persons not holding such a special event permit under this section will not be entitled to the benefits provided by this section, including but not limited to, the right to erect stages, barricades, utility poles, booths, tents, or other temporary structures, or the use of parked vehicles (in other than designated parking spaces) or of permanent structures, or to the assistance of city personnel in carrying out their event, unlec.s otherwise authorized by some other ordinance or law. 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 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 6. The requirements of reading this Ordinance on two separate days is dispensed with on 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 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. City of Miami Page 7 of 7 File Id: 05-00003 (Version: 1) Printed On: 10/21/2016