HomeMy WebLinkAboutO-12710City of Miami
Legislation
Ordinance: 12710
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00615 Final Action Date: 7/7/2005
(4/STHS VOTE)
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 SECTION 54-6.3(F) TO CLARIFY
THE CIRCUMSTANCES UNDER WHICH INDEMNIFICATION, HOLD HARMLESS
AND INSURANCE ARE REQUIRED BY THIS 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:{1}
"CHAPTER 54
STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
City of Miami
Page 1 of 3 File Id: 05-00615 (Version: 11 Printed On: 11/18/2016
File Number: 05-00615 Enactment Number: 12710
Sec. 54-6.3. 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.
(f). Indemnification, Hold Harmless and Insurance. It shall be a condition precedent to the
issuance of any permit issued under this section for any event for which admission is charged, a
donation is required, food is sold, or any commercial activity is engaged in, 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.
*If
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 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:
City of Miami Page 2 of 3 File Id: 05-00615 (Version: 11 Printed On: 11/18/2016
File Number: 05-00615 Enactment Number: 12710
{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 3 of 3 File Id: 05-00615 (Version: 11 Printed On: 11/18/2016