HomeMy WebLinkAboutBack-Up from Law DeptSec. 54-341. - Created, restrictions; application and approval required.
(a) Boundaries of district. There is hereby created a special events district bounded on the north by Oak
Avenue, on the south by the shoreline of Biscayne Bay, on the east by Mary Street and Kenneth
Meyers Park, and on the west by McDonald Street, Commodore Plaza and Peacock Park, and
expanding in a linear capacity along the public right-of-way portions of South Bayshore Drive from
Mary Street to Aviation Avenue; Main Highway from Commodore Plaza to Franklin Avenue; and Pan
American Drive from Biscayne Bay to South Bayshore Drive with the limitations set forth below in
paragraph (b), such district to be known as the "Coconut Grove Special Events District."
(b) Purpose and intent of district. To ensure that "special events" occurring within public parks, right-of-
way and other public places located within the district boundaries take place in accordance with
prescribed rules and regulations to safeguard public resources and interests of the community and are
designed to encourage and market the district for development of business, commerce and tourism.
(c) Restrictions established. The following restrictions shall apply to the district, excluding permitted
activities undertaken on Pan American Drive:
(1) There shall only be two events per month. The term "event," for the purpose of this article, is
hereby defined as an activity where any one of the following conditions occur within the special
events district:
a. Any selling of alcoholic beverages in the public rights-of-way, or in city parks, other than in
lawfully permitted sidewalk cafes;
b. Any pyrotechnics display;
c. Any temporary, partial use of, complete or partial obstruction of public streets or rights-of-
way pursuant to section 54-6 or section 54-6.3 of this Code connected with an activity
satisfying the criteria set forth in the other subsections herein;
d. Any parade or procession, other than funeral processions, of more than
vehicles, floats, bands or marching units;
'Note—The city attorney advised that this number has been left off since it is to be
determined by the police department.
e. Any temporary vending or concession permit conducted in the public rights-of-way or parks
pursuant to sections 31-50 and 38-65 of this Code; or
f. Any use of mechanical rides or amusements.
(2) Only one of the two events may involve street closures.
(3) The two events shall not take place on successive weekends.
(4) Any annual event held in the Coconut Grove area prior to the adoption of this section is exempt
from the above restrictions; however, no more than 24 events per year, inclusive of those events
exempted pursuant to subsection (c)(1) herein shall be permitted. Further, if any of the preexisting
events do not occur in a given year, for any reason other than an act of God, the event loses the
exemption set forth in this section.
(d) Application for special events; approval required. Applications for special events in the district must be
submitted to the city manager with a copy to the city neighborhood enhancement team administrator
("NET Administrator") for the district who will coordinate and secure comments from other affected city
departments and agencies. The completed application shall be submitted annually at least 120 days,
but not earlier than 360 days prior to the event. Provided, however, applications for events held in prior
years shall be given preference for the same dates, week or weekend previously used.
(1) Upon acceptance of a completed application by the city manager or designee for review, the city
manager or designee shall schedule the application for the next available Coconut Grove
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business improvement district board ("BID board") meeting for review and recommendation in
accordance with the provisions of this article.
(2) The applicant shall be responsible for making a full presentation regarding the proposed special
event to the BID board. At a minimum the presentation to the BID board shall include a copy of
the completed application along with a discussion and presentation of the matters described in
subsection (4)a.
(3) The BID board retains the right to reject an application, including but not limited to, whenever the
NET administrator or other city department makes an adverse recommendation due to failure of
the proposed application to provide the necessary safeguards to the citizens and residents of the
district and/or to district property/facilities. An applicant whose application has been rejected by
the BID board, may make application to appeal the BID board's decision to the city commission
if filed within five days after the BID board's decision is issued.
(4) At the time of application, each applicant is required at a minimum to submit the following
information and documentation. Provided, however, additional information and documentation
may be required as determined by the director, NET administrator or other city department.
A completed application for the requested special event, including but not limited to, the name of
the event; proposed location for the event along with a site diagram reflecting location, parking,
activities, security and emergency services; proposed parking area and/or arrangements with
parking facilities for the event; a description of the elements or activities planned for the event;
estimated audience (including counts from previous years if applicable); anticipated sponsors,
television, radio, internet coverage for the event; identification and a description of the financial
resources of producers, owners and the applicant for the event; name, address and contact
numbers for the local contact and event operator, if different; event setup and teardown dates;
event hours of operation; event staffing, employees and volunteers along with a description of
their responsibilities in connection with the event; and tentative production schedule.
(5) At the time of application, each applicant is required to notify by first class U.S. Mail, return receipt
requested, all owners of property within 375 feet of the proposed event area. For purposes of this
requirement, the names and addresses of property owners shall be deemed those appearing on
the latest tax rolls. In the case of condominiums, notice need only be sent to the condominium
association. Applicant shall be solely responsible for complying with the foregoing notice
requirement and at the time of application shall furnish an affidavit stating that the notice
requirements of this section have been complied with and holding harmless the department of
off-street parking ("DOSP"), the BID board, the city, and their respective officers and employees
and shall indemnify DOSP, the BID board, the city, and their respective officers and employees
for any claims of damages, liability or injuries which may be occasioned in connection with, as a
direct or indirect result of, or relating to the notice requirement of this section. The foregoing notice
requirement may be combined by the applicant with other City Code -required notices, as related
to said event.
(e) Waiver or modification of restrictions. The city commission has the authority to waive or modify any of
the above restrictions.
(Ord. No. 10764, § 1, 7-12-90; Code 1980, § 54-171; Ord. No. 11800, § 4, 6-8-99; Ord. No.
12221, § 1, 4-18-02; Ord. No. 12564, § 3, 7-22-04; Ord. No. 13059, § 4, 3-12-09; Ord. No.
13467, § 2, 6-12-14)
City Code cross reference—Sidewalk cafes, § 54-221 et seq.
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