HomeMy WebLinkAboutO-14357City of Miami
Ordinance 14357
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16978 Final Action Date: 3/13/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING
CHAPTER 52 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), TITLED "SPECIAL EVENTS," TO PROVIDE A
CHAPTER DEDICATED TO SPECIAL EVENTS, UPDATING DEFINITIONS
AND REGULATIONS TO SUCH SPECIAL EVENTS, AND CONSOLIDATING
REGULATIONS CURRENTLY IN CHAPTERS 54 AND 62 OF THE CITY CODE;
FURTHER AMENDING CHAPTER 54/ARTICLE 1 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND
SIDEWALKS/IN GENERAL" TO DELETE REGULATIONS RELATED TO
SPECIAL EVENTS TO BE CODIFIED IN CHAPTER 52 OF THE CITY CODE
AND CLARIFYING DEFINITIONS; FURTHER REPEALING CHAPTER
62/ARTICLE XIII/DIVISION 1 OF THE CITY CODE, TITLED "PLANNING AND
ZONING/PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED/TEMPORARY EVENTS," TO DELETE
REGULATIONS RELATED TO SPECIAL EVENTS REGULATIONS AND
TEMPORARY EVENT PERMIT TO BE CODIFIED IN THE CHAPTER 52 OF
THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Damian Pardo
WHEREAS, the Code of the City of Miami, Florida, as amended ("City Code"), has two
separate Sections which encompass both Special Events and Temporary Events; and
WHEREAS, Section 54-6.3 of the City Code currently encompasses Special Events and
Permit requirements thereto; and
WHEREAS, Chapter 54 Special Events are those deemed to require street and sidewalk
closures; and
WHEREAS, Sections 62-520 through 62-525 of the City Code encompasses Temporary
Events or TEP's as they have become known; and
WHEREAS, TEP's are specifically geared towards events of limited duration that can be
held on public or private land and controls how many such events can be held on a property
during the course of a year; and
WHEREAS, as the City of Miami, Florida ("City") has grown, both the Special Events and
the Temporary Events have started to overlap and sometimes create confusion as to what is
needed for a specific event; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to amend
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the City Code to update the regulations related to Special and Temporary Events and to
combine the two to create a streamlined process;
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 fully set forth in this Section.
Section 2. Chapter 52 of the City Code is hereby established in the following
particulars:'
"CHAPTER 52
SPECIAL EVENTS
ARTICLE I. SPECIAL EVENT PERMITS
It is the intent of this Chapter to encompass the requirements for Special Events located on both
Public and Private Property in the City.
Sec. 52-1. 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:
City Hosted Event shall mean such Events to include, but are not limited to, street
naming ceremonies, food drives / giveaways, and holiday celebrations where the City, as host
of the Event, uses its own resources and services.
City Sponsored Event shall mean a Special Event where the City provides sponsorship
through monetary and/or in -kind contribution and where the City is recognized either through the
permissible use of the City Seal or other similar recognition for the Event.
Pop -Up Event means events for the temporary sale of goods and merchandise,
advertising, or for a limited period of time.
Seasonal Sales Event means events for the temporary sale of seasonal items including,
but not limited to, Christmas trees, pumpkins, fireworks and other items sold during holiday
seasons.
Special Event means events of limited duration, open to a designated number of people
which involves the use of public parks; public rights -of -way; privately -owned property; publicly -
owned property or any combination of the above, and:
(1) Which includes entertainment, dancing, music, dramatic productions, art exhibitions, or
the sale of merchandise, food or alcohol, or any combination of the foregoing;
(2) Which requires the erection of stages, utility poles, booths, tents, or other temporary
structures, or the use of parked vehicles or of permanent structures;
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.
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(3) 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.
(4) Which is not one of the authorized uses of a property and is an event which is not
included as a customary, primary, or ancillary use as identified in its certificate of use.
For those properties that do not require certificates of use, such as one- or two-family
homes, it is an event that is over 100 people and impacts traffic and access to the
public right-of-way.
(5) Which involves any group of persons and/or vehicles moving on a street or streets of
the City under Permit as herein provided in accordance with a plan or common
purpose for a celebration, display, exhibition, show, or advertisement, whether for
public, semi-public, or private purposes, but does not include a Parade as defined in
Chapter 54 of this Code.
(6) For a Special Event which shall occur in one of the City Parks, the Special Event shall
include the above as well as the sale of alcoholic beverages.
Small Special Event is a Special Event where it is reasonably expected that up to 250
persons will be in attendance at any given time.
Medium Special Event is a Special Event where it is reasonably expected that 251 to 1,000
persons will be in attendance at any given time.
Large Special Event is a Special Event where it is reasonably expected that more than
1,001 persons will be in attendance at any given time.
Special Event Permit means a Permit as required by Sections 52-2 or 38-74 of this Code.
Street or Streets shall have the same meaning as provided in Section 54-1 of this Code.
Sec. 52-2. Special Events in general; Duration and Limitations; City Commission Waiver.
(a) It shall be unlawful to conduct or engage in a Special Event without first obtaining an
approved Special Event Permit.
(b) A Special Event may occur on public, private or in a combination of public and private
properties that would require special review by the City.
(c) Special Event Permits will delineate all other temporary uses included for the event, i.e.,
tents, temporary structures, barricades, fencing, and the like, necessary for the event.
(d) The Special Event location shall be restored to its original condition and all temporary
structures shall be broken down after each Special Event period.
(e) Where a Special Event, including but not limited to, a carnival, parade, party, block
party, neighborhood celebration event, festival, fair, outdoor sales, or similar type of
event is permissible on privately owned property, the event shall be subject to the
following:
(1) Special Events, which include mechanical rides, are permissible only on
Thursdays, Fridays, Saturdays, and Sundays and/or legal holidays, unless other
days are approved by the City Commission. Otherwise, on all other days, these
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events shall be Permitted only at Watson Island, Virginia Key and the facilities and
parking lots of Miami Marine Stadium, and the Marlin's Stadium.
(2) Special Events, which do not include mechanical rides, are permissible on any day
of the week.
(f) Open air and outdoor music festivals, concerts or noise generating, except for Historic
Virginia Key Beach and Park, Special Events shall only occur between the hours of 7:00
AM to 11:00 PM on City owned properties or facilities.
(g) No more than four (4) Special Events shall be Permitted, each for a maximum duration
of seven (7) consecutive days, to be held on the same private property or portion thereof
per calendar year. The above -referenced seven (7) days shall not include days required
to set up or break down the event.
(h) Special Events on City of Miami Property:
1. City of Miami owned, operated and maintained property, including public right of way,
parks, Marine Stadium and street festivals, shall be permitted up to ten (10) calendar
days per organization, per year.
2. City of Miami owned but leased property, such as "the Hanger" and "Watson Island,"
shall be permitted up to ten (10) Special Events per year each for fourteen (14) days per
location.
(i) The above limitations on Special Events may be waived by an affirmative vote of the City
Commission for the calendar year affected. Any such additional Permit(s), however, will
be limited to fourteen (14) consecutive days at a time.
(j) A Special Event hosted, not sponsored, by the City shall not be required to obtain a
Special Event Permit. Such Events include, but are not limited to, street naming
ceremonies, food drives / giveaways, and holiday celebrations.
Sec. 52-3. Application, time for filing.
A complete, written, and notarized application for a Special Event Permit shall be timely filed
with the City Manager, or Designee, on an approved form not fewer than the following
corresponding days:
(a) Small Special Events: 30 days before the event.
(b) Medium Special Events: 30 days before the event.
(c) Large Special Events: 45 days before the event.
The above application period is intended to allow for adequate arrangements to be made for the
provision of proper personnel, equipment and supplies, sanitation (litter, debris and human
wastes), wastewater, utilities, Building Permitting and inspection, park maintenance and
restoration. Applications that do not comply with this requirement shall only be considered upon
payment of double the application fee and availability of City staff to review.
Sec. 52-4. Application Requirements.
Applications for Special Event Permits shall be submitted in application forms as
provided by the City. The application fee shall be established by the City Manager, or
Designee. The application will not be considered unless accompanied by such plans,
reports, photos, exhibits, documents, or other information required below.
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The Applicant shall provide all information as required based upon the Permit sought as
set forth by the City Manager, or Designee, which may include, security plan, fire safety
plan, solid waste plan, noise attenuation plan, or other such information as needed.
Proof of payment of a nonrefundable application fee.
LQI Payment of a Security Deposit: A refundable security deposit, as determined by the City
Manager, or Designee, in the form of, cash, a cashier's check, or irrevocable letter of
credit, may be required prior to the issuance of the Permit. Based on the scope and
location of the event, a pre- and post -event site inspection may be conducted, at the
City's discretion, by the applicant and appropriate City personnel to determine existing
conditions and evaluate potential damages, if any. Security deposits will be refunded
approximately in 3-4 weeks after the event if all conditions are followed; public property
is left in as good condition or better and without damage and all City invoices paid.
Failure to comply with conditions imposed may result in forfeiture of the entire or part of
deposit.
Referrals. The City Manager, or Designee, shall make referrals as specified herein based
on the nature of the application.
(1) Building;
(2) Fire;
(3) Office of Film and Entertainment;
(4) Police;
(5) Public Works;
(6) Risk Management;
(7) Solid Waste;
(8) Zoning; and
(8) Other departments or agencies as needed.
Sec. 52-5. Criteria for issuance of Special Event Permit.
The City Manager, or Designee, will 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:
(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;
(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;
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(5) The Special Event will not interfere with the movement of firefighting equipment en route
to a fire;
(6) Submittal of a complete application that includes all of the documentation and approvals
set forth herein.
Sec. 52-6. Criteria) for denial of Special Event Permits.
The City Manager, or Designee, may deny a Permit to an applicant when:
(1) 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;
(2) The proposed Special Event is prohibited by, or inconsistent with, the classifications and
uses of the park, or part thereof, designated pursuant this Chapter;
(3) 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;
(4) The Special Event is prohibited by law, or by this Code, or is not in compliance with the
Americans with Disabilities Act (ADA);
(5) The application for Permit contains a material falsehood or misrepresentation;
(6) The applicant is legally incompetent to contract, or to sue and be sued;
(7) The applicant, or the person on whose behalf the application for Permit was made, has
on a prior occasion 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;
(8) The application for Permit is not fully completed and executed, or does not include all
required Permits, plans, and other required documentation within the required time
period;
(9) 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;
(10) A state of federal, state or local emergency has been declared by lawful authority for
the proposed time;
(11) An applicant 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;
(12) An applicant 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;
(13) The applicant has failed to pay any required fees or security deposits or submitted all of
the required supporting documentation, or provided the required insurance;
(14) A fully executed and complete 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; and
(15) The applicant or the venue has conducted a Special Event on a prior occasion without
obtaining a Special Event Permit.
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 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
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purposes as required by the Chief of Police, or Designee. In determining the adequacy and
appropriateness of any internal security plan, the Chief of Police, or Designee, 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
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
speech or message conveyed by the Special Event
Sec. 52-7. Insurance and indemnity.
(a) Indemnity, hold harmless and insurance. It shall be a condition precedent to the issuance of
any such Permit that the applicant shall indemnify, defend and hold the City harmless from all
claims, suits or actions of any kind whatsoever arising out of or resulting from the Special Event,
the issuance of the Permit, or the operations or activities of the Permittee and shall, further,
indemnify, defend and hold the City, its officials, and employees harmless for any injuries,
losses, or damages arising or resulting from the Special Event including any injuries, losses, or
damages resulting from alleged negligent acts or omissions on the part of the City. The
applicant shall ensure that adequate safety precautions are in effect at all times during the term
of the Permit. It shall be a further condition precedent to the issuance of any such Permit for the
event that the Permit holder(s) is/are jointly and severally responsible, at each Permit holder's
expense, for any damages regarding restoring the public right-of-way to its original condition
before installation of facilities.
(1) Non -governmental applicant(s). Prior to the issuance of any such Permit, the non-
governmental applicant(s) shall provide the City with a certificate of insurance affording
coverage for commercial general liability with limits of at least $1,000,000.00 per
occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The
certificate must be endorsed to reflect primary and noncontributory, and further insure
against contingent and contractual exposures, personal and advertising injury,
underground hazards, if applicable and products and completed operations. At the
request of the City, the applicant shall also furnish additional lines of coverage with limits
acceptable to the City in connection with the scope of services contemplated under this
permit. The City must be listed as additional insured on all applicable third -party liability
policies. The insurance herein required shall remain in full force and effect during the
entire term of the Permit. Additionally, all such insurance for non -governmental
applicant(s) shall be subject to annual review by the City's risk management department
and the applicant shall be required to update as necessary to protect the City as set forth
in this Section.
(2) Government applicant(s). Prior to the issuance of any such Permit, the governmental
applicant(s) shall submit to the City a certificate of insurance or letter of self-insurance
for each governmental applicant in accordance with and subject to the limitations as set
forth in F.S. § 768.28.
Sec. 52-8. Application Determination.
(a) Decisions of the City Manager, or Designee, regarding Special Event Permits shall be
amended by reports received on the referrals as provided in Section 52-4. Approvals of
Special Event Permits for Special Events by the City Manager, or Designee, shall be based
on the criteria utilized by the different departments or other governmental agencies upon
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which referrals were made. Such criteria shall be as determined by each of the City
Departments or agencies and as regulated by other applicable laws. The City Manager, or
Designee, shall review comments as provided by each City Department or agency to
determine whether the proposed event complies with all of the individual criteria. A
recommendation of denial by any department or agency shall be accompanied by specific
findings which enumerate how the request does not comply with their individual criteria. The
duration of each Special Event shall be clearly stated within the approved Permit.
(b) Approvals of applications shall be issued when such application is complete and complies
with all applicable criteria and requests.
(c) Conditional approvals of applications shall be issued when such applications require
conditions to be satisfied in order to be found in compliance with applicable criteria.
1. The City Manager, or Designee, shall have authority to attach to the grant of a Special
Event Permit such conditions and safeguards as may be necessary. Such conditions
and safeguards shall be based upon, and consistent with, considerations and
standards applicable to the Special Event Permit. The requirement for any such
conditions or safeguards shall be supported by stated reasons, based upon such
considerations and standards, and no such condition or safeguard shall establish
special limitations and/or requirements beyond those reasonably necessary for the
accomplishment of the purpose for which the condition or safeguard is attached.
2. Failure to comply with conditions and safeguards, when attached to the grant of a
Special Event Permit, shall be deemed a violation of this Code.
(d) Denials of applications shall be issued if after conditions and safeguards have been
considered and the application still fails to comply with all applicable criteria; any provision
of this Code will be violated by the Special Event; or for any other good cause determined
by the City Manager, or designee.
Sec. 52-9. Informal notice and hearing.
No formal public notice or hearing is required in connection with Special Event Permits,
however, the following may be required as directed by the City Manager, or Designee:
Notice to adjacent property owners. When required, at the time of initial application, the
applicant will notify all abutting property owners, including those abutting across the
street or alley, on an approved City form via first class mail.
In the case of adjacent commercial buildings or condominiums or other multi -family
housing, only one notice to the condominium association, or building owner will be
sent.
gi Courtesy notice to registered neighborhood and/or homeowner associations. All
neighborhood and/or homeowner associations that wish to receive a courtesy notice of
Special Event Permit applications in their area, shall register with the City on a yearly
basis. Such registration shall consist of a letter to the City, in which the association
shall request such notification and shall specify the name, address, telephone number
and electronic mail (E-mail) address of the official representative of the association,
designated to receive said notice and a list of all the officers of said association.
gj The applicant shall submit, with the application proof of mailing which may be
accomplished by affidavit.
(4) At the City Manager's, or Designee's, discretion, only email notice, in lieu of email and
mail notice, will be required to the registered neighborhood and/or homeowner
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associations based on the size and nature of the Special Event in question, if the
Special Event does not impact the surrounding area at all.
Sec. 52-10. Withdrawal of application; effect of withdrawal.
An application for a Special Event Permit may be withdrawn by the applicant at any time
prior to a decision without restrictions as to a resubmittal. An applicant who withdraws an
application shall not be entitled to any refund of the application fee.
Sec. 52-11. Approvals, approval with modifications, denials, and alternates times.
(1) The City Manager, or Designee, shall approve, approve with conditions, deny, or modify
the Permit. If the application is denied, such notice will state the reasons for denial.
Alternate date, time, or location. The City Manager, or Designee, 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 days after notice of
the action of the City Manager, or Designee, file a written notice of acceptance with the
City Manager, or Designee. An alternate Special Event Permit shall conform to the
requirements of, and shall have the effect as, a Special Event Permit under this article.
Sec. 52-12. Appeals.
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) days after the notice
of denial is received. The City Manager shall act in writing upon the appeal within seven (7)
days from receipt. Any applicant aggrieved by the decision of the City Manager may seek
immediate judicial review.
Sec. 52-13. Compliance; possession of Permit.
A Permittee under this Code shall comply with all Permit directions and conditions, and
with all applicable laws, Sections of this Code, and other ordinances; and
gj The chair, or other person organizing or heading the Special Event, shall carry the
Special Event Permit personally at all times during the conduct of the Special Event and
shall be produced upon demand by the City.
Sec. 52-14. Revocation.
The City Manager, or Designee, shall 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 judicial review of any decision to revoke a Special Event
Permit.
Sec. 52-15. Other public gatherings.
This Section shall not prevent any person or persons from conducting a Parade, assembling on
the Streets or Sidewalks, in any Park, or on public or 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. 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.
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Secs. 52-16. 52-25 Reserved
ARTICLE II. — SEASONAL SALES EVENT PERMITS
Sec. 52-26. Seasonal Sales Event Permit Permits.
Seasonal Sales Events shall be Permitted subject to the applicable criteria listed herein on a
vacant lot or portion of a lot not reserved for required parking purposes. Such uses may be
Permitted in commercial and industrial Transect Zones and conditioned by a Seasonal
Sales Event Permit for a period not to exceed five (5) weeks. The City Manager may require
notice be sent to immediately adjacent (including immediately across the street) property
owners.
ILDj Seasonal Sales applicants shall submit the same application as a Special Event as set forth
in Section 52-4 of the City Code and shall be subject to the same review, approval, denial,
appeal and notification processes as set forth in Sections 52-3, 52-5,52-6, 52-7, 52-8, 52-9,
52-11, and 52-12 of the City Code.
Sec. 52-27. Revocation.
The City Manager, or Designee, shall have the authority to revoke a Seasonal Sales Event
Permit issued under this Section upon finding that the criteria for issuance as set forth in this
Section no longer exist or items being sold are outside the scope of the Seasonal Sales Permit
issued.
ARTICLE III. —POP-UP EVENT PERMITS
Sec. 52-28. Pop -Up Event Permits.
(a) Pop -Up Events shall be Permitted subject to the applicable criteria listed herein on a
vacant lot or portion of a lot not reserved for required parking purposes. Such uses may
be Permitted in commercial and industrial Transect Zones and conditioned by a Pop -Up
Event Permit which shall be valid for no more than seven (7) contiguous days. The City
Manager may require notice be sent to immediately adjacent (including immediately
across the street) property owners.
(b) Pop -Up applicants shall submit the same application as a Special Event as set forth in
Section 52-4 of the City Code and shall be subject to the same review, approval, denial,
appeal and notification processes as set forth in Sections 52-3, 52-5,52-6, 52-7, 52-8,
52-9, 52-11, and 52-12 of this City Code.
Sec. 52-29. Revocation.
The City Manager, or Designee, shall have the authority to revoke a Pop -Up Event Permit
issued under this Section upon finding that the criteria for issuance as set forth in this Section
no longer exist or the activity occurring is outside the scope of the Pop -Up Event Permit issued.
Secs. 52-30 - 52-50. Reserved
*„
Section 3. Chapter 54 of the City Code is hereby amended in the following particulars:1
"CHAPTER 54
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STREETS AND SIDEWALKS
ARTICLE 1. 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 Chapter 52 of this Code.
(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.
Benefactor means the owner of the business advertised in the sign whose agent,
employee, contractor, promoter, or other representative did or caused the posting, placing or
affixing of any sign.
Business means any commercial or industrial activity, entity, or event in or for which any
goods or services are made, sold or offered for sale or other consideration, pecuniary or
otherwise.
Engineering standards means the minimum standards pertaining to the design and
construction of all public works constructed in the right-of-way. These standards are in book
form entitled "Engineering Standards for Design and Construction" and present the latest
engineering standards as an aid to both design and construction and are deemed as being
incorporated by reference herein.
Governmental applicants means the City of Miami or its agencies or instrumentality thereof,
or as identified by the City Manager or designee.
Law means all duly enacted and applicable federal, state, county and City laws, ordinances,
codes, rules, regulations and orders.
Maintenance means the upkeep or preservation and acts of repair and other acts to prevent
a decline, lapse or cessation from an existing state or condition; to keep from falling, declining or
ceasing; to keep in good order; keep in proper condition; keep in repair, as it pertains to the
private property and public right-of-way, as applicable, and as are encompassed by the
provisions of this chapter.
Maintenance costs means any cost incurred for the purpose of performing maintenance
within the public right-of-way. This includes costs of labor, materials, equipment and other public
works operational costs.
Non -governmental applicants means any applicant who is not a governmental applicant as
defined by this Section.
One day means a 24-hour period from noon to noon.
Parade means any organized moving of three (3) or more persons whose gathering is for
the common design and purpose of travelling or marching from one location to any other
location for spontaneous expression or to convey any message to the public or government,
including, but not limited to, current political, religious, or social issues.
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(i) 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.
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 in Chapter 52 of this Code;
(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 means any individual, corporation, partnership, limited liability company,
association, joint venture, for -profit 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 mean any dedicated or undedicated public
street, highway, sidewalk, parkway or alley, public ways, public space(s) and other public places
within the City.
Sign means any poster, card, cardboard, advertisement, or paper device or any
identification, description, illustration, or other device located on any portion of the public right-
of-way, street, or sidewalk surface which directs attention to a product, place, activity, person,
institution, business, message or solicitation.
Special Event means an event as set forth in Chapter 52 of this Code. an outdoor public
celebration or gathering which involves:
{1) Either:
a. The ucc of public parks;
b. Public rights of way; or
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c. Privately owned property.
{2) When it is reasonably expected that more than 300 people will gather for seven or
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
str cti rec or the uce of parked vohinloc or of permanent str ctures; and
{5) Which of necessity requires for its successful execution the provision and coordination
of mun l sservices te—a—aegre3e cigTnif1,,�„ T i over and above that whicrhr city
routinely provides under ordinary everyday circumstances.
Special Event Permit means a Permit as required by sections Chapter 541 6.3 or 38 74 52 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, highway, road, boulevard, concourse, driveway, freeway,
thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier,
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 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.
Visibility triangle means an area on private property and within the public right-of-way where
any material obstruction to visibility is prohibited which would result in concealment of a child
over two and one-half feet in height approaching an intersection, or would conceal an
approaching automotive vehicle or cyclist from such a child. The visibility triangle shall be
measured in accordance with Section 3.8.4 of the Miami 21 zoning code and shall include the
area bounded by the extension of the diagonal vision clearance line to the center line of the
intersecting streets at all street intersections and the area perpendicular to the diagonal vision
clearance line from the base building line to the centerline of the intersecting streets at all
applicable intersections of driveways with streets.
Sec. 54-6.3. Special Evcnt& Reserved.
{a) Scope. No person shall hold a "Special Event" which obstructs, closes, or causes to be
movement of vehicular or pedestrian traffic, without first having obtained a Permit approved
by the police department, the resilience and public works dcpartmcnt, 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 le-c than 14 calendar days before the proposed Special
Event to allow adequate arrangements to be made for the proper personnel, equipment and
rnaintenance and restoration. The applicant must provide insurance pursuant to the
requirements set forth in subsections 54 3(c)(1) and 54 3(c)(2), as applicable.
{1) The notification name, addre-c and telephone number of the person seeking to
conduct the Special Event;
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{2) If the Special Event is roposed to be conducted for, on behalf of, or by an
organization and of the authorized and responsible heads of this organization;
(3) ame address and telephone ni amber 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 aslesing 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 includc thc attcndance totals from previous years' Special Events;
{7) A site plan showing the layout of the Special Event area, the boundaries of the overall
of toilets at each location;
consumption in public, together with a detailed proposal for any such sale, indicating
among othcr things who is expected to be the vendor, whether such vendor presently
holds any gape of licence for on_premises consumption of alcoholic beverages and
stating the exact locations and times for such sales;
{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 thc 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
proposer! 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;
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{18) Whether utility services such as electrical power or water will be required, specifying
Services; a ►d
{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 applicaRt-p-paposes 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
than those listed herein, in determining whether a "Special Event Permit" should be
granted, modified or denied.
(1) Fora Special Event to take plane wholly or partially on Oho of blic righ4_of_wa y Oho
conduct of the Special Event will not substantially interrupt the safe and orderly
rnovement of other traffic contiguous to the Special Event;
(2) Fora Special Event to take plane wholly or partially in a park Oho cond ct of the
1ZTF�7r-a--v�cvTcrr�v cn �cv ccnc crarr��rra-�arr�crr��vnvucc-vrcrn.
Special Event 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;
{'I) 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
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, thc cla_zifications
and uscs of thc 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;
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{1W1) 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
they �proposed time;
1 7) No PermitshaIl be denied, � ull appIinan r a D t be gi ren leas
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
which may be aroused in the public by the content of speech or message conveyed by
the Special Event;
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 rcquircd 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
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
{19) Permits granted pursuant to this section shall not authorize more than ten 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
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 Pcrmit, 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 nece-nary
for the protection of the rights, property and personal safety based on the criteria set forth in
subsection (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,
(f)
rind with all applicable laws and sections of this (`ode rind other ordinances• rind
{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.
Indemnification, hold harmless. It shall be a condition precedent to the issuance of any
required, food is sold, or any commercial activity is engaged in the applicant shall a-sume
all civil liability for applicant's acts of omi"lion or commi"lion from all claims, suits or
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arising or resulting from the Permitted Special Event including any injuries, losses, or
damages resulting from alleged negligent acts or omissions on the part of the city. All non
governmental applicants must indemnify and defend (at the applicant's expense) the city,
its officials and its employees, from any claims, demands, liabilities, losses, causes of
Permit, from and against all -casts, fees, expenses and liabilities incurred in defense of such
claim or in the investigation thereof.
(g) Fees. A fee of $0.25 per day per linear foot of street obstructed by the Special Event shall
accompany ch Permit application to the department of resilience and public works for the
use of the public right of way. The linear footage shall be calculated by the department of
resilience and public works utilizing the city's officially established monument lines. The
director of the department of resilience and public works shall have the authority to prorate
the fee on an hourly basis for Special Events of less than 2/1 hour total duration.
(h) Other Permits and licenses. Nothing in this section shall be construed as repealing other
sections of this Code or other ordinanccs 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
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 90 days after filing thereof, but in no event
latcr than /15 days bcforc the date of the Special Event. If the application is denied, such
notice will state the reasons for denial.
U)
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 timc or location diffcrcnt 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
altcrnatc Pcrmit shall, within fivc 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
this article.
(k) 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
calendar days after the notice of denial is received. The city manager shall act in writing
-cc' - - - - • • - - scvon businescc 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" iscued 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
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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. 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.
*„
Section 4. Chapter 62, Article XIII, Division 1 of the City Code is hereby repealed in the
following particulars:'
"CHAPTER 62
PLANNING AND ZONING
XIII. - ARTICLE PLANNING AND ZONING APPROVAL FOR TEMPORARY USES AND
OCCUPANCIES; PERMIT REQUIRED
DIVISION 1. TEMPORARY EVENT PERMITS RESERVED.
Sec. 62 520. Intent.
A temporary event Permit system is hereby establ.ished, to be administered by the city
manager or designee, in order to provide special examination and review of temporary events
by the appropriate departments of the city or related agencies.
remedies as provided by law.
Sec. 62 521. Temporary events in general.
{a) Temporary events are those events of limited duration, open to a large number of people.
An event which would require a temporary event Permit is an event which is not one of the
primary, or ancillary use as identified in its certificate of use. Any use of the property already
included in the certificate of use for that property will not require a separate event Permit.
For those properties that do not require certificates of use, such as one or two family
right of way.
{1) A temporary event can occur on private property, public property, or in a combination
te- ropert that wo regui pec-ial-review by the c—
{2) Temporary event Permits will delineate all other temporary uses included for the
{3)
the event.
A temporary event Permit would not be required for an event hostcd by the city on its
property.
This section does not apply to a temporary sign or banner that is erected in relation to
a tcmporary or Special Event as contemplated by division 8 of this article. Any such
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cign or banner must be Permitted pursua-n-t-te-division 8 of this section and the criteria
stated therein, in order to be erected.
neighborhood celebration event, festival, fair, farmer's market, outdoor sales, or similar type
of event is permissible on privately owned or public property by a temporary event Permit,
the event shall be subject to the following:
{1) Temporary event which include mechanical rides are permissible onl„ on
arc approvcd by thc city commission. Otherwise, on all other days, these events shall
be Permitter) only at Watson Island Virginia Key and Bicentennial Park and Oho
facilities and parking Iotc of Miami Marine Stadia m and Oho Marlin's Stadia m
{3)
{1)
of the week.
No more than two temporary events shall be Permitted, each for a maximum duration
of two weeks, on private property per year. No more than ten temporary events shall
be Permitted, each for a maximum durations of two weeks, on public property per year,
unless approved by the city commission.
The limitation on the number of temporary events may be waived by an affirmative
vote of the city commission for the calendar year affected) Each Permit however will
still bc limited to two weeks.
Sec. 22. Pere apmation process scible deter bons �„d referr s.
{a) Decisions of the city manager or designee regarding temporary event Permits shall be
amended by reports received on the referrals as provided below. Approvals of temporary
e-✓ent Permits for temporary events by the city manager or designee and shall be based on
the criteria utilized by the different departments or other governmental agencies upon which
referrals were made. Such criteria shall be as determined by each of the city departments
proposed event complies with all of the individual criteria. A recommendation of denial by
any dcpartmcnt or agcncy shall bc accompanied by specific findings which enumerate how
the request does not comply with their individual criteria. The duration of each temporary
event shall bc cl arly statcd within thc approved Permit.
{1) Applications for temporary event Permits shall be submitted on application forms as
provided by the city and shall be accompanied by such plans, reports, photos, or other
information, exhibits, or documents as may be reasonably required to make the
nece-nary determination in each case.
{2) Applications for temporary event Permits shall be submitted at least 30 days in
advancc of thc temporary cvcnt. Applications that do not comply with this requirement
shall only be considered upon payment of double the application fee and availability of
city staff to review.
{3) Approvals of applications shall be issued when such application is complete and
{1)
complies with all applicable criteria and requests.
Conditional approvals of applications shall be i-sued when such applications require
conditions to be satisfied in order to be found in compliance with applicable criteria.
a. The city manager or dcsigncc shall have authority to attach to the grant of a
temporary event Permit such conditions and safeguards as may be nece-nary.
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{5)
Sch conditions and cafeg lards shall be based upon and consistent with
considerations and standards applicable to the temporary event Permit. The
regiremen r an y sucvh condd-4ornr or-vafeguarrds shall be supported by stated
safeguard shall establish special limitations and/or requirements bcyond those -
reasonably necessary for the accomplishment of the purpose for which the
condition or safeguard is attached.
b. Failure to comply with conditions and safeguards, when attached to the grant of a
temporary event Permit, shall be deemed a violation of this Code.
Denials of applications shall be issued if after conditions and safeguards have been
provision of this Code will be violated by the temporary event• or for any other good
cause determined by the city manager or designee.
(b) Temporary event referrals. The designee shall make referrals as specified herein based
on the nature of the application.
{1) Zoning. Referral to the office of zoning for compliance with applicable zoning
regulations.
{2) Fire. Referral to the fire rescue department for review of fire safety controls as
determiner) by the department.
{3) Police. Referral to the police department for review of traffic safety, including
as determined by the department.
{'I) Neighborhood enhancement team (NET). Referral to the appropriate NET office for
review and approval of operational plan which shall incli ode ni ember of trash
receptacles and their locations; frequency of trash pick up; name and 2/1 hour
telephone number of contact person responsible for handling maintenance and/or
the NET administrator deems necessary in'order to make an informed
recommendation based on the nature of the application.
{5) Other. Referral to other city agencies or governmental agencies with the nece-nary
expertise which the director of parks and rccr ation or NET requires, based on the
nature of the application, in order to make an informed decision.
Sec. 62 523. Informal notice and hearing.
No formal public notice and hearing is required in connection with temporary event Permits.
However, the following is required:
{1) Notice required by applicant to adjacent property owners. At the time of initial
application, the applicant shall notify all abutting property owners, including those
submit the application with certified receipt(s).
In the case of adjacent condominiums, only one notice to the condominium a-sociation
will be sent.
{2) Courtesy notice to registered neighborhood and/or homeowner associations. All
neighborhood and/or homeowner a-sociations that wish to receive a courtesy notice of
temporary event Permit applications in their areas, shall register with their
shall consist of a letter to the applicable NET office, in which the association shall
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{3)
request such notification and shall specify the name, address, telephone number and
cicctronic mail (E mail) address of the official representative of the association,
designated to receive said notice and a list of all the officers of said association.
At the time of initial application, the applicant shall obtain the list of all registered
neighborhood and/or homeowner associations from the applicable NET office and shall
notify the official representatives of all such registered associations in writing, by
certified mail, of the application. The applicant shall submit with the application with
ca1d-sc#+f+cd-reeet ts.
At the city manager's discretion, only email notice, in lieu of email and mail notice, will
be required to the registered neighborhood and/or homeowner associations based on
the size and nature of the temporary event in question, if the temporary event does not
impact the surrounding area at all.
Sec. 62 52/1 . Withdrawal of application; effect of withdrawal.
prior to a decision without restrictions as to a resubmittal. But if withdrawn after the final decision
has been issued, substantially the same application shall not be considered within 12 months of
refund of the application fee.
Sec. 62 525. Appeals.
Any person or persons, jointly or severally, aggrieved by the decision of the city manager or
designee in granting, granting with conditions or safeguard-6, or denying a temporary event
the planning, zoning and appeals board, by filing such request with the office of hearing boards
within 15 calendar days of the decision.
Sec. 62-520 - 62-525. Reserved."
Section 5. 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 6. This Ordinance shall become effective immediately upon adoption by the City
Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y ttor
12/3/2024 e , ge Wy ng III, C y ttor -y 3/3/2025
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later.
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