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HomeMy WebLinkAboutLegislative SUBt c_� L . 1 k1�L Revised Draft ..Title (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE CITY COMMISSION, AMENDING CHAPTER 11"CABLE TELEVISION", AND CHAPTER 54 "STREETS AND SIDEWALKS" ARTICLE I ENTITLED "IN GENERAL" AND ARTICLE III ENTITILED "USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATIONS SYSTEMS" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN CONNECTION WITH THE FLORIDA CONSUMER CHOICE ACT OF 2007; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ..Body WHEREAS, in order to promote the public health, safety, and general welfare, the City of Miami ha: a substantial and significant public interest in :maintaining and protecting its public -rights of way and requiring that individuals and entities seeking permits to conduct any type of excavation in those public rights -of -way do so in a safe, expeditious, and professional manner and that existing and future permit holders comply in a non-discriminatory manner; and WHEREAS, the Florida Legislature has passed and the Governor has signed the Consumer Choice Act of 2007 (the "Act") as attached and incorporated hereby regarding, inter alia, access by cable and video services to the public rights -of -way and the permitting processes of local governments regarding existing permit holders and future permit holders engaged in various communications systems and devices and other systems excavating, constructing, using, restoring, obstructing, and maintaining systems within the public rights -of -way; and WHEREAS, the Act becomes effective July 1, 2007, and provides that certain existing provisions of local government ordinances may still be honored if those provisions are in effect as of June 30, 2007; and 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 11 of the Code of the City of Miami, Florida, as amended, entitled "Cable Television" is further amended to add a new Section 11-35 in the following particulars: "CHAPTER 11 CABLE TELEVISION Section. 11-3_5. Florida Consumer Choice Act of 2007. Revised draft SUBMITTED INTO THE .PUBLIC RECORD FOR ITEM jai ON to -as i. This Chapter 11 of the City Code shall be construed in accordance with the Florida Consumer Choice Act of 2007 ("the Act") so that the City shall retain all rights and obligations permitted by the Act to be retained by the City as of June 30, 2007, and so that the obligations and rights of all persons which have previously obtained permits and previously entered into agreements with the City and all persons which shall obtain permits in the future and enter into agreements with the City in the future for work to be performed or conducted within and any related maintenance and restoration of the City's public right of way as defined in Chapter 54-1 of the Code of the City of Miami, as amended, and for any other continuing obligation to the City as permitted by Law, shall be construed as in force as of June 30, 2007 so as to comply with the nondiscriminatory mandate of the Act . Section 4. Section 54-1 of Article I of Chapter 54 of the Code of the City of Miami, Florida, as amended, entitled "In General" is further amended in the following particulars:{1 } "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: "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. (2) 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. "Law means all duly enacted and applicable federal, state, county and city laws, ordinances, codes, rules, regulations and orders." "Parade" means any organized moving: (iMarch, SUBMITTED INTO THE (ii) Ceremony, (rii> Show' (iv) Exhibition, PUBLIC RECORD FOR (v) Pageant, (vi) Footrace, ITEM a •1. ON&o� (vii) Bicycle race, -�_ Revised draft 2 (viii) Motorcade, (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; (5) A motor vehicle or motor vehicles operating in compliance with all applicable traffic laws, ordinances and regulations; and (6) 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 crossing or traversing 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. "Person" or "person" means anv individual. corporation. nartnershio. limited liability company, association, joint venture, for-jaofit organization, contractor, subcontractor, affiliate, agent, representative, governmental institution, not -for -profit organization, or other legal entity of any kind, any lawful trustee, successor, assignee, transferee, heir. or personal representative thereof, but shall not mean the city. "Public right-of-way" as used in this article shall section 54 261 of this chapter mean any dedicated or undedicated public street, highway, sidewalk, parkway or alley.,, public ways, public space(s) and other public places within the city. "Special event" involves: (1) Either: a. The use of public parks; b. Public rights -of -way; or c. Privately -owned property. (2) When it is reasonably expected that fewer contiguous days; (3) Which includes entertainment, dancing, music, dramatic productions, art exhibitions, parades or the sale of merchandise, food or alcohol, or any combination of the foregoing; (4) Which requires the erection of stages, utility poles, booths, tents, or other temporary structures, or the use of parked vehicles or of permanent structures; and (5) 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. "Street or streets" means the surface, the air space above the surface and the area below the surface of any public street h. h road boulevard,_concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnei, park, waterway, dock bulkhead wharf •ier court lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place, including public utility easements dedicated for compatible uses:. or any other property in which the city holds any kinds of property interest or over which the city exercises any type of lawful control, and any temporary or Revised draft means an outdoor public SUBMITTED INTO THE PUBLIC RECORD FOR ITEM z ON o4-x-07 . celebration or gathering which more than 300 people will gather for seven or i• wa 3 permanent fixtures or improvements located thereon, as may be ordinarily necessary and pertinent to a permit for construction in or excavation of or use of the public right-of- way; but shall not include city -owned buildings or city private property. Section 5. Section 54-3 of Article I of Chapter 54 of the Code of the City of Miami, Florida, as amended, entitled "In General" is further amended in the following particulars:{1} "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL SUBMITTED INTO THE PUBLIC RECORD FOR ITEM ON 4-a19-07. 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 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. No person shall apply for a permit to perform or conduct work in the public right-of-way such work in the public _right-of-way is being performed or conducted. If such work is being performed by one or more oerson(s) on behalf of any other person(s) for using, constructing in, excavation of, maintenance of, owning and/or operating any type or manner of system, equipment, or device within the public rights -of -way, then both/all persons must complete and ale together a joint application and all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/its interest/participation/representation in the permit application and/or to complete the required joint application and/or to fulfill all city requirements for issuance of the permit shall result in (a) immediate revocation by the city of any permit previously granted resulting in such permit becoming null and void, or (b) Issuance by the city o a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. (b) Conditions. Such permit shall set forth minimal reasonable conditions, as permitted by Law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on -going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or Revised draft conducted by such person(s) under such permit Any violation of the conditions set forth and/or any violations under applicable Law shall render such permit null and void. Such permit shall cover the .length of time necessary and reasonable according to the type of activity involved. Additionally, any continuing use of the public righ of way by any such person(s) shall require all such persons on the permit application to also enter into a continuing maintenance and restoration agreement with the city and to provide such continuing insurance and such continuing payrrt-nt bond, performance bond, acid/or letter of credit in sufficient amount(s) relating_ to such continuing maintenance and potential restoration. jJ,J =p o (c) Indemnity, hold harmless and insurance; payment bond, performance bond, and/or IZ letter of credit. 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 CD 0 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 0 V adequate safety precautions are in effect at all times during the term of the permit. Prior to the issuance of any such permit, the non -governmental applicant(. shall submit to the city a certificate binder or policy of liability insurance for each non -governmental applicant (including each non -governmental applicant in a joint application and joint - c) LU continuing maintenance and restoration agreement) in an- amount not less than One M Million Dollars ($1,000_000.00) per person, Two Million Dollars ($2,000,000.00) to co aggregate per incident,and any endorsements thereto. which shall include the city as an =i1 LLJ additional insured and which shall provide that said permit and any related maintenance C/) CL.F and restoration agreement and related payment bond, performance bond, and/or letter of credit shall remain in full force and effect during the entire term of the permit and any related continuing maintenance and restoration agreement. Additionally, all such permits and any related maintenance and _restoration agreement(a) for non -governmental applicant(s) (including each applicant in a joint permit and joint continuing maintenance and restoration agreement) shall Ike subject to annual review by the city's Risjc Management Department and Public Works Department and _shall be required to update as necessary to protect the city any and all types and amounts of such insurance coverage(s), payment bond. performance bond. and /or letter of credit(s).. Additionally, prior to the issuance of any such permit, the governmental applicant(s) (including each governmental applicant in a joint application and joint continuing maintenance and restoration agreement) shall submit to the city a certificate binder or policy of liability insurance for each governmental applicant (including each governmental applicant in a joint application and joint continuing maintenance and restoration agreement) in an amount not less than One Hundred Thousand Dollars L$100,000.001 per person, and Two Hundred Thousand Dollars ($200,000.001 aggregate per incident, or the amounts specified as a limit of liability set forth in F.S._ § 76828. and any amendments endorsements theretor whishever-is-gr-eateeT 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 and any related continuing maintenance and restoration agreement. f shall be a further condition precedent to the issuance of any such permit for work to be perfor ed in_ I a nublic right of wavthat the persons Applying for sunk ur ai ._sha!I provide to the City's Department of Risk Management and Department of Public Works a payment bond, performance bond and/or letter of credit in such amount(s) and such form(s) acceptable to the Director of Risk Management and the Director of Public Works to ensure that such work is conducted and performed in a satisfactory, safe and professional manner, that such public right of way is restored and/or maintained as Revised draft required by the circumstances and extent of the work under such permit and an related continuing maintenance and restoration _agreement, and that the permit holder] is/are jointly and severably responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public righ of -way to its original condition before installation of facilities and for any damages regarding continuing maintenance of the public right-of- (d) Fees. (1) A fee of $100.00 shall accompany each permit application to the police department, W ix N. to be retained by the city regardless of action taken in the grant or denial of the permit. _ O (2) Waiver of fees. The fees described in subsection (d)(1) hereinabove may be waived F„_ or reduced by the city commission if the commission determines that such a waiver or LL-. reduction is in the city's best interest. Q Q (e) Public gatherings. This section shall not prevent any person or persons from F— assembling 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 o Z message to the public or government without holding a permit pursuant to this section. In Ci L.L.f addition, this section shall not apply either to an "asses hly", to a "parade" or to a LU UJ "special event", as they are defined in section 54-1. U a3 co Section 6. Section 54-296 of Article III of Chapter 54 of the Code of the City of L�L.f Miami, Florida, as amended, entitled "Use of Public Rights -of -Way by Communication �„_ Systems" is further amended in the following particulars:{1} .-.._ "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE III. USE OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS Sec. 54-296. Statement of purpose. The city commission hereby finds and declares that it is necessary and reasonable for this article: (1) To regulate the erection, construction, reconstruction installation, operation, maintenance, dismantling, testing, repair and use of a all communications system&in, upon, along, across, above, over, under or in any manner connected with the streets, public ways, public rights -of -way, public buildings or other public places within the corporate limits of the city, as now or in the future may exist; (2) To provide the city with compensation, as permitted by Law, for occupation and use of the city's streets, public ways, public rights -of -way, public buildings or other public places for a private communications system; (3) To provide the city with compensation, as permitted by Law, for acquisition and maintenance of city's streets, public ways, public rights -of -way, public buildings or other public places when used for commercial purposes; and (4) To provide the city with compensation, as permitted by Law, for the cost of regulation imposed by this article on all communications systems; and Revised draft (5) To construe as permitted by Law as of June 30,2007, all of (x) the continuing rights and obligations of the city, and (y) the continuing rig and obligations of present persons holding permits and agreements with the city, and (z) the future rights and obligations of future persons obtaining _permits from and entering into agreements with the city, so as to comply with the nondiscriminatory mandate of the Florida Consumer Choice Act of 2007. Section 7. Article III of Chapter 54 of the Code of the City of Miami, Florida, as W o amended, entitled "Use of Public Rights -of -Way by Communication Systems" is further = Q '' amended to add a new Section 54-311 in the following particulars:{1} r" "CHAPTER 54 V STREETS AND SIDEWALKS ARTICLE III. USE OF PUBLIC RiGHTS-OF-WAY BY COMMUNICATION SYSTEMS F-- Sec. 54-311 Florida Consumer Choice Act of 2007. m a � � W This Chapter 54 of the City Code shall be construed in accordance with the Florida CO Consumer Choice Act of 2007 ("the Act") so that the City shall retain all rights and obligations permitted by the Act to be retained by the City as of June 30, 2007, and so that the obligations and rights of all persons which have previously obtained permits and previously entered into agreements with the City and all persons which shall obtain permits in the future and enter into agreementswith the City in the future for work to be performed or conducted within and any related maintenance and restoration of the City's public right of way as defined in Chapter 54-1 of the Code of the City of Miami, as amended, and for any other continuing obligationlo the City permitted by Law, shall be construed as in force as of June 30, 2007 so as to comply with the nondiscriminatory mandate of the Act . Section 8. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 9. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 10. 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 generally carry on the functions and duties of municipal affairc Section 11. 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. Revised draft Section 12. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} ..Footnote {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. Revised draft SUBMITTED INTO THE PUBUC R FOR ITEM E_� 8 f File Number; 07-00865 (4/5THS VOTE) AN EMERGENCY OR CHAPTER 11 "CABLE T SIDEWALKS" ARTICLE I "USE OF PUBLIC RIGHTS- CODEOFTHECITYOFMIA WITH THE FLORIDA CONSU REPEALER PROVISION, A SE IMMEDIATE EFFECTIVE DATE. City of Miami Legislation Ordinance T D City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.00m Final Action Date: ANCE OF THE MIAMI CITY COMMISSION, AMENDING EVISION", AND CHAPTER 54 "STREETS AND TITLED "IN GENERAL" AND ARTICLE III ENTITLED -WAY BY COMMUNICATIONS SYSTEMS" OF THE , FLORIDA, AS AMENDED, IN CONNECTION R CHOICE ACT OF 2007; CONTAINING A BILITY CLAUSE, AND PROVIDING FOR AN WHEREAS, in order to promote the public h -Ith, safety, and general welfare, the City of Miami has a substantial and significant public interest In aintaining and protecting its public -rights of way and requiring that individuals and entities seeking p mits to conduct any type of excavation in those public rights -of -way do so in a safe, expeditious, and • •fessional manner and that existing and future permit holders comply in a non-discriminatory manner; WHEREAS, the Florida Legislature has passed and e Governor has signed the Consumer Choice Act of 2007 (the "Act") regarding, inter alia, access , cable and video services to the public rights -of -way and the permitting processes of local governmen regarding existing permit holders and future permit holders engaged in various communications syste and devices; and WHEREAS, the Act becomes effective July 1, 2007, and provi s that certain existing provisions of Ioaallovernment ordinances may still be honored; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIO OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this 0 Finance are adopted by reference and incorporated as if fully set forth In this Section. Section 2. Chapter 11 of the Code of the City of Miami, Florida, as amend- entitled "Cable Television," is further amended to add a new Section 11-35 In the following particulars. 1} "CHAPTER 11 CABLE TELEVISION Section. 11-35. Florida Consumer Choice Act of 2007. This Chapter 11 of the City Code shall be construed in accordance with the Florida Consumer Choice City of Miami Page 1 of 7 Printed On: 6/20/2007 Number. 07-00865 Act , 2007 (nth, Act") so that the City shall retain all rights and obligations ,permitted by the Act to be retain: • by the City as of June 30, 2007, and so that the obligations and rights of all persons which have •r, 'ousl obtained •ermits a d •reviously entered into agreements with the Citv and all persons which sha • btain permits in the future and enter into agreements with the City in the future for workjo beyerform = or conducted within the Citv's public right of way as defined in Chapter 54-1 of the Code of the. City of ami, as amended, shall be construed as in force as of June 30, 2007 so as to comply with the riondis inatory_ mandate of the Act . Section 3, Section 5 of Article I of Chapter 54 of the Code of the City of Miaml, Florida, as amended, entitled "In Gene ," is further amended in the following particulars:{1} ' "CHAPTER 54 TREETS AND SIDEWALKS ARtI ► E I. IN GENERAL Sec. 54-1. Definitions. The following words, terms and phrases, whe sed herein, shall have the meanings ascribed to them in this Code, except where the context clearly in• ates a different meaning:. "Assembly" means any organized: (I) company • persons that is collected together in one place, or (ii) demonstration or rally of persons that does no meet the definition of "parade" set forth herein. The term "assembly" does not include: (1) A special event as defined in this section. (2) Still photography, motion picture photography, or ele • nic (television) photography for commercial purposes, on any public roadway, sidewalk, street, par causeway, beach, lagoon, or on any city -owned property or facility in the pity for which a commercla 'hotographic permit is required under section 41-26 of this Code. "Assembly permit" means a permit as required by sections 54-6.2 38-74 of this Code. means all dui v enacted and applicable federal. state county d city laws, ordinances, codes, rules, regulations and orders." "Parade" means any organized moving: (1) March, (ii) Ceremony, (iii) Show, (iv) Exhibition, (v) Pageant, (vi) Footrace, (vii) Bicycle race, (viii) Motorcade, (ix) Procession of any kind, or (x) Similar display. SU : - ITUTED GO+ of Miami Page 2 of 7 Printed On: 6/20/2007 AMP 1 Number: 07-00865 (3) Any goy, 4 mental agency acting within the scope of its functions. (4) A "special - ent" as defined herein; (5) A motor v- • icle or motor vehicles operating in compliance with all applicable traffic laws, ordinances and reg • : tions; and (6) A pedestrian or ► -destrians merely crossing a street, or traversing a sidewalk, while obeying all applicable traffic and • =strian laws, ordinances and regulations, and which crossing or traversing , does not obstruct other pe• trian traffic on a.sidewalk. 'Parade permit" mea a permit as required by sections 54-6 or 38-74 of this Code. , "Person" or "person" m - • is anv_individua.l cQrPoration _pa tnership, limited liablity company, association, lor# ventures oroanlz on, or other legal entity of any kind, any lawful trustee, successor, assignee, transferee, or personal r= • =sentative thereof. but shallnot mean the city. "Public right-of-way" as used this article shall can an d-d'cated or u • _ •i - e• •u• lc s re=t I•hw si•.=wa . •:rkw: •r alle public ways. pDlic buildings, public space: .: nd other public places withid the city. "Special event" means an outdoor pu '• celebration or gathering which involves: (1) Either: a. The use of public parks; b. Public rights -of -way; or c. Privately -owned property. (2) When it is reasonably expected that more than 00 people will gather for seven or fewer contiguous days; (3) Which includes entertainment, dancing, music, dramatic oductions, art exhibitions, parades or the sale of merchandise, food or alcohol, or any combination of t foregoing; (4) Which requires the erection of stages, utility poles, booths, te or other temporary structures, or the use of parked vehicles or of permanent structures; and (5) Which of necessity requires for its successful execution the ovision and coordination of municipal services to a degree significantly over and above that which the 'ty routinely provides under ordinary everyday circumstances. "Special event permit" means a permit as required by sections 54-6.3 • 38-74 of this Code. "grief or streets" means the surface, the air space above the surface :. • the area below the sL_irface of any public street, highway_ road, boulevard_ concourse, driveway, fre: : y thoroughfare, par_kwav sidewalk, bridoe. tunnel. park, waterway, dock bulkhead,_wharf, pier, court e, Path allev way, drive, circle, easement, or any other public right-of-wav or pjtbllo place, inclu•',� •ubiic utility easements dedicated for compatible uses, or any other prooertv in which the city holds . ty kinds of property interest or over which the city exercises any t_voe of lawful control. and any te ,. • • rary or permanent fixtures or improvements located thereon, as may be ordinarily necessary and Pe •ent to permit for construction in or excavation of or use of the public right-of-way; but shall rat de city -owned buildings or city private grope y. A "p- ade" does not Include: 1) + •eras processions. 2) Stu. =nts going to and from school classes or participating in educational activities, provided this onclu ct is • • der the immediate direction and supervision of the proper school authorities Section 4. Section 54-3 of Article I of Chapter 54 of the Code of the City of Miami, Florida, as amended, entitled "In General," is further amended in the following particulars:{1} City of Miami Page 3 of 71.4 E re' n 6/20/2007 File Number 07-00865 "CHAPTER 54 STREETS AND SIDEWALKS ARTICLE I. IN GENERAL Sec. 54-3. Perm required for work that obstructs or closes a street, or sidewalk or impedes traffic; fees, waiver of fee (a) Scope. No pers drilling, repaving, etc., sidewalk, or any other p movement of vehicular or police department, the public departments of police, public permit. No person shall apply for disclosing in writing on the permit al) right-of-way is beano performed or con (b) Conditions. Such permit shall protection of property and personal safe o th = cis and an on •oin ti shall perform or conduct work in the public right-of-way, such as digging, ich obstructs, closes, or causes to be obstructed or closed, any street, of the public right-of-way in this city, or which impedes the general estrian traffic, without first having obtained a permit approved by the ks department, and the fire -rescue department. After approval by the ks, and fire -rescue, the city manager, or designee, shall Issue a rmit'to perform or conduct work In the public right-of-way without 'cation form the person on whose behalf such work in the public cted. t forth minimal reasonable conditions necessary for the the restoration of the public right-of-way to a condition tenance that mabe re• ' ed of he •er=o under th circumst noes and extent of the work to be permit. Any violation of the conditions set forth s (c) Indemnity, .hold harmless and insurance; a shall be a condition precedent to the issuance of a civil liability for applicant's acts of omission or commis any injuries or damages arising or resulting from the pe resulting from alleged negligent acts or omissions on the adequate safety precautions are In effect at all times d issuance of any such permit, the applicant shall submit to liability insurance In an amount not less than $100,000.00 incident, or the amounts specified as a limit of liability set forth in thereto, whichever is greater, which shall include the city as an provide that it will remain In full force and effect during the full term o condition precedent to the issuance of any such permit for work to be way in e cess of fiftv thousand dollars ($50,000.00) that the person a provide jo the Citv's Department of Risk Management and Department o Public Works performance bond and/or letter of credit in such amount(s)and such Director of Risk Management and the Director q_f Public Works to ensure that and performed in a satisfactory. safe and professional manner. that such public r and/or maintained as required by the circumstances and extent of the work and that the permit holder's is responsible, at the permit holder's expense, for any dam workperformed or conducted under the permit and for any damages regarding res right-of-way to its original condition before installation of facilities. (d) Fees. erformed or conducted by such person under such II render such permit null and void. enf nerforman_ce bond, and/or letter of credit. It such permit that the applicant shall assume all n and shall, further, hold the city harmless for tted work including any injuries or damages of the city. The applicant shall insure that g the term of the permit. Prior to the e city a certificate binder or policy of person, $200,000.00 aggregate per S. § 768.28, and any amendments itional insured, and which shall he permit. it shall be a further armed in the public right of Tying_ for such permit shall Pu is a-payrmgnt (el acceptaWe to the ch work is conducted t of way is restored such permit, and resulting from ing the public ?� k City of Miami Page 4 of 7 t 6/20/2007 engaging in spo holding a permit "assembly", to a "par I e Number. 07-00865 (1 fee of $100.00 shall accompany each permit application to the police department, to be retained by t city regardless of action taken in the grant or denial of the permit. (2) 'ver of fees. The fees described in subsection (d)(1) hereinabove may be waived or reduced by the c commission if the commission determines that such a waiver or reduction is In the city's befit intere (e) Public • erings. This section shall not prevent any person or persons from assembling on the streets or side - Iks, or in any park, or on private property, for the purpose of making any speech, neous expression, or conveying any message to the public or government without rsuant to this section. In addition, this section shall not apply either to an e" or to a "special event", as they are defined in section 54-1. 11 Section 5. Section 54-296 0 rticle III of Chapter 54 of the Code of the City of Miami, Florida, as amended, entitled "Use of Public ' ights-of-Way by Communication Systems," Is further amended in the following particulars:{1} "CHAPTER 54' STREE AND SIDEWALKS ARTICLE III. USE OF PUBLIC RIGHTS -OF- • AY BY COMMUNICATION SYSTEMS Sec. 54-296. Statement of purpose. The city commission hereby finds and, declares that Is necessary and reasonable for this article: (1) To regulate the erection, construction, reconstruction I tallation, operation, maintenance, dismantling, testing, repair and use of a all communications syste = in, upon, along, across, above, over, under or in any manner connected with the streets, public s, public rights -of -wag. public .puildings or other public places within the corporate limits of the city, as •w or in the future may exist; (2) To provide the city with compensation, as permitted by Law, for occ, •ation and use of the city's streets, public ways. public rights -of -way. public buildings or other pu . c places for a private communications system; (3) To provide the city with compensation, as permitted by La% for acquisitio and maintenance of city's streets, public ways, public rights -of -way, public buildings or other public p . es when used for commercial purposes; and (4) To provide the city with compensation, as permitted by Law, for the cost of regula •n imposed by this article on all communications systems' and (5) To construe as permitted by Law as of June 30.2007. all of (x) the continuin• fights and obligations of the city, and (y) the continuing rights and obligations of present persons holds .ermits and a • e= e ts wit the cit and z the future ri • ts and obli • a ions of future •arsons o • - inin permits from and entering into agreements with the city, so as to comply with the n ndiscrimi ory mandate of the Florida Consumer Choice Act of 2007. City of Miami Page 5 of 7 Printed On: 6/20/2007 File Number. 07-00865 ction 6. Article IiI of Chapter 54 of!the Code of the City of Miami, Florida, as amended, entitled f Public Rights -of -Way by Communication Systems," is further amended to add a new Section the following particulars:{1) ARTICLE III. "CHAPTER 54 STREETS AND SIDEWALKS E OF PUBLIC RIGHTS -OF -WAY BY COMMUNICATION SYSTEMS Sec. 54-311 Florida Consume hoice Act of 2007. This Chapter 54 of the City Code Act of 2007 ("the Act") so that the C retained by the City as of June 30, 20 have •rev'ousl ob ined •ermits and all be 'construed in accordance with the Florida Consumer Choir shall retain all riahts and obligations permitted by the Act to be and_so that the obligations and rights of *Persons which o sl en ere • ntoa• =eme tswi,t C aid =i•=r,o which shall obtain permits in the future an be performed or conducted within the City's of the City of Miami, as amended, shall be con with the nondiscriminatory mandate of tha Act nter into agreements with the City in the futur@for work to is right of way as defined in Chapter 54-1 of the Code ued as in force as of June 30, 2007 so as to_comaly Section 7. All Ordinances or parts of Ordinances -t are inconsistent or In conflict with the provisions of this Ordinance are repealed. Section 8. if any section, part of a section, paragraph, cia , phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall •t be affected. Section 8. This Ordinance is declared to be an emergency mea- e on the grounds of urgent public need for the preservation of peace, health, safety, and property o e City of Miami, and upon the further grounds of the necessity to generally carry on the functions and • ties of municipal affairs. Section 10. The requirements of reading this Ordinance on two separate ys is dispensed with an affirmative vote of not less than four -fifths (4/5ths) of the members of the Com 'ssion. Section 11. This Ordinance shall become effective immediately upon its adopt s• and signature of the Mayor.(2) APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNAND S CITY ATTORNEY Clry of Miami Page 6 of 7 Printed On: 6/20/2007 de Number: 07-00865 Foo •tea: {1 },' Words added. The and unchang {2} If the Mayor from the date It w immediately upon nd or figures stricken through shall be deleted. Underscored words and/or figures shall be maining provisions are now in effect and remain unchanged. Asterisks indicate omitted material. oes not sign this Ordinance, it shall become effective at the end of ten calendar days passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective o rride of the veto by the City Commission. SU City of Miami Page 7 of 7 Printed On: 6/20/2007