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Ord No 24-11-2097ORDINANCE NO.: 24-11-2097 An Ordinance amending Chapter 15B entitled "Parks and Recreation" for the regulation of Special Events including the establishment of requirements for public hearings, providing a process for permitting, the payment of fees for permits and associated costs, requiring compliance with City laws, and providing for penalties. WHEREAS, the Mayor and City Commission have established resolution 27 -03- 11576 which established the City's policy and procedure for Special Events; and, WHEREAS, this ordinance establishes a law to enforce the policy set forth in resolution 27 -03 -11576 and to provide the legal procedure for obtaining Special Event permits, as well as the assessment and collection of a regulatory fee to reimburse the City for costs associated with Special Events and any fines for violation of this ordinance; and, WHEREAS, the Mayor and City Commission desire to adopt an ordinance to be place in Chapter 15B of the City's Code of Ordinances for the regulation of Special Events. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA Section L The following ordinance shall be added to Chapter 15B (titled Parks and Recreation) to read as follows: Sec. 1513-6 Special Events P=ose. The City of South Miami must ensure that vublic....Vroverty and public street locations within the Cily are used properly and are regulated to ensure the safety of pedestrians, vehicles and eg neral public. The City may allow for Special Events by persons which are beneficial events for the Cit y and its Residents. The Special Events ma re wire City Services and resources to be expended in order to provide securily, clean -up, banner hanging, street blocking, coveKLnS of parking meters etc. Therefore the Cit y desires to enact a Special Events-regulation and permitting pLocess and to secure reimbursement to the City for the cost of all such events. 6.1 Definitions: "Person" means any individual, firm, legal entity joint adventure, organization, syndicate, or other group or combination acting as a unit, association, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, and includes the plural as well as the singular "Presenter" as used in this ordinance shall include the person who organizes the special event. 6.2 Cost Reimbursement: All ersons presenting a Special Events using public property or public streets within the CL must reimburse the City for all Cit y revenues loses and Ci1y expenditures associated with the approved Special Events. In the event that additional move contributions /donations are made to the City by the Presenter of the Additions shown by underlining and deletions shown by Pik -irk. Pg. 2 of Ord. No. 2411 -2097 Special Event it shall be specifically delineated in the application for the Special Event Permit Application and in the resolution which authorizes the Special Event. A roval of all Special Events shall be in cam liance with this ordinance after administrative review of all complete Special Event permit applications. All Special Event permit applications must be received, at a minimum, 30 days prior to the proposed special event, unless specifically waived by the City Manager. 6.3. All persons presenting an approved special event, which closes a public street or area within the City, must provide, in advance, a petition, approving of the road closure, signed by a mqjority of the businesses or homeowners facing the street affected by the approved Special Event road closure. 6.4. All versons presenting approved Special Events usina public propm or p ublic streets within the City must a ree in ptin to a the actual amount of Cit revenue loses and final City expenditures associated with the approved special event, which may include, but not be limited to: road closure costs, barricades, public works staff, lost parking revenue, alice services and clean u services. If a City ark facilfty is being used the organizer-shall be responsible for pqying a cay park rental fee in accordance with the Ci 's park rental fee schedule. 6.5 All persons presenting approved Special Events using public property or public streets within the City which have been allocated monetary grants in the City Budget, shall be required to ygy for the required reimbursement from the designated monetar grant unless otherwise rohibited by the rant. 6.6 Compliance with all laws. The person presenting the Special Event shall comply with section 20-4.3 relating to banners over the Ri ht -of Wa . Additionally, the resenters of the Special Event shall com 1 with all Ci olicies and state and federal laws relating to Americans with Disabilities Act, including ensuring sufficient and appropriate bathroom _facilities, proper location of displays and exhibits, and parking requirements; and ensuring compliance with the Florida Division of Hotels and Restaurants, Department of Business and Professional Regulation requirements relating to food establishments and public food service for temporga event vending. AdditionallY, each S12ecial Event Presenter shall obtain a South Miami Public Works Permit application for Work within the ri ht -of -wa --_y, and pay an fees associated with producing the Vegmit. All Special Event resenters shall also pgy a clean-u deposit as well as any additional costs associated with police or other department off-duty employment to the City _prior to the permit being issued. If the presenters meet the terms for a refund of the clean -up deposit, the City shall issue a refund of same after inspection of the area used for the special event to insure compliance with this ordinance. 6.7 Policies, Procedures and Insurance. The City shall establish policies and procedures for the implementation of Special Events, which policies and procedures shall include: a Special Event permit application requiring the disclosure of the name of the person(, presenting the event, the address, telephone number of the presenter, the names of principals and officers of my presenter who is a legal entily., the delivga of a certificate of Additions shown by u.nderlinin and deletions shown by ovefsr..:'rin Pg. 3 of Ord. No. 24 -31-2097 insurance namin g of the city as an additional named insured and providina 30 days notification to the City before the policy can be cancelled or modified, the deliyM of an indemnification agreement for the event as well as other certificates documents and information that the City Man er deems a ro riate for all a licants. Each olio shall provide coverage for the event including set up and dismantling of the event. The presenter shall maintain, as applicable. Comprehensive General Liability Insurance, „Comprehensive Automobile Liability Insurance Worker's Compensation Insurance to satisfy applicable statuto re uirements Em to er's Liabili Insurance if a licable and coverage for legal liability for loss or damage to propgAy entrusted to gpy contractor arising from negligence of the presenter, and/or its contractor and the contractor's employees, The polic Y must also contain coverage for remises operations, products and contractual liabili . Organizer shall ensure that the policy limits in accordance with the insurance policies of the Ci1Y as set forth in the City Manager's administrative procedures. The City shall not be held liable or res onsible for any claims which rngy results from acts errors or, omissions of the presenter its contractors or its subcontractors sup Iiers or laborers. In reviewin a rovin or rejecting ggy submissions or acts of the organizer, the City in no way assumes responsibili1y or liabilft for the acts, errors or omissions of presenters, or their contractor or subcontractors. 6.8 Failure to adhere to the provisions of this ordinance shall result in the issuance of the daily running civil infraction fine of $500.00-per day,- plus an and all actual costs incurred by the City until such time as the person complies with the ordinance. Appeal of an civil infraction shall be to the special master or magistrate pursuant to section 2 -25 of the City's Code of Ordinances. 6.9 Each a lication shall be accom anied by the s ecial permit fee as delineated in the City's fee schedule. Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be re- numbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the Additions shown by underlining and deletions shown by exiling: Pg. 4 of Ord. No. 24 -11 -2097 two ordinances shall be repealed. More specifically, This ordinance is not intended to replace existing roles of decorum, if any, except in those instances when existing language is inconsistent with the intent reflected herein. Section 5. Effective Date. This ordinance shall become effective upon adoption. PASSED AND ADOPTED this 16 day of August , 2011. ATTEST: FA Y CLERK MAY Isr Reading - 8/2/11 2nd Reading- 8/16/11 RM COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Additions shown by underlining and deletions shown by over -stx4 ing a4 sax South Miami � 1��- hmmeHCSC�x V ,K�RfoRr a . CITY OF SOUTH MIAMI �, isz7 R 'jl OFFICE OF THE CI'T'Y MANAGER INTER - OFFICE MEMORANDUM coat To: The Honorable Mayor & Members of the City Co fission Via: Hector Mirabile, Ph.D., City Manager 1 From: Maria. Elena Stout -Tate, Parks & Recreation Director Date: August 2, 2011 Agenda Item No.: Subject- An Ordinance amending Chapter 151B entitled "Parks and Recreation." for the regulation of Special Events including the establishment of requirements for public hearings, providing a process for permitting, the payment of fees for permits and associated costs, requiring compliance with City laws, and providing for penalties, Background: The Mayor and City Commission adopted Resolutionz 27 -03- 11576 which established the City's policy and procedure for Special Events. The proposed ordinance establishes a law to enforce the policy set forth in resolution, 27-03- 11576 and to provide the legal procedure for obtaining special event permits, as well as the assessment and collection of a regulatory fee to reimburse the City for costs associated with Special Events and any fines for violation of this ordinance, The City Manager recommends adoption of an ordinance, placed in Chapter 15B of the City's Code of Ordinances, for the regulation of special events. The recommondatioa of this ordinance is to ensure that special events, have and compensate the City for services and resources expended for security, clean up, banner hanging, street blocking, covering of parking meters, etc. Therefore, the City desires to enact a special events regulation and permitting process and to secure reimbursement to the City for the cost of all such events, Expeuse:.- NIA Account: N/A Attachments: Resolution No. 27-03 -11576 RESOLUTION No. 27-03-11576 A RESOLUTION OF THE MAYOR AND CI'T'Y COMMISSION OF THE CITY OF SOUTH MVM, FLORIDA, RELATED TO SPECIAL EVENTS, SETTING FORTH A POLICY ON FUNDING SPECIAL EVENTS AND COSTS ASSOCIATED WITH SPECIAL EVENTS AND; PROVIDING AN EFFECTIVE DATE. WHEREAS, public property and public street locations within the City of South Miami are used by organizations for special events which are beneficial to the City and its residents; and WHEREAS, such special events may require City services and resources to be expended in order to provide security, clean up, banner hanging, street blocking, covering of parking meters; and WHEREAS, the Mayor and City Commission desire set forth a policy requiring reimbursement to the City for all revenues lost or expenditures made for special events. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMI SSION -- O$ T`HE -CITY 0E-S 3UTH -M AIVIIi FLOIR bA> AS FOLLOWS-.--- -'- ------------- - -' -- -.__ -- Section I. All organizations sponsoring approved special events using public property or public streets within the City of South Miami must reimburse the City for all City revenue loses, and City expenditures associated with the approved special event. Section 2. All organizations sponsoring special events using public property or public streets within the City of South Miami must :receive approval by resolution from the South Miami City Commission. The resolution trust include the estimated reimbursement amount to be paid to the City for all City revenue loses and City expenditures associated with the approved special event. Section. 3. The- resolution described -in Section 2 above: may .also specify ,:an::additional,.Monotary contribution to be trade by the organization to the City; the resolution shall specify as how the additional monetary contribution is to be used by the City. Section 4. All organizations sponsoring an approved special event which closes a public street within the City of South Miami, must provide in advance, a petition signed by a majority of businesses facing the street aftected by the approved special event. Section 5. All organizations sponsoring approved special events using public property or public streets within the City of South Miami trust agree in writing as to pay the actual the amount of City revenue loses and final City expenditures associated with the approved special event. 47-03-11576 (2) Section G. All organizations sponsoring approved special events using public property or public streets within the City of South Miami which have been allocated monetary grants in the adopted City Budget, should pay for the required reimbursement from the designated monetary grant. Section 7. This resolution shall be effective immediately after the adoption hereof PASSED AND ADOPTED this -- 18th . day of ATTEST. Cl CLERK READ AS TO l ATTORNEY February , 2003. APPROVED: MAYOR Commission Vote: 5 _ 0 Mayor Feiin Yea Vice Mayon Russell Yep Commission Bethel Yea Commission McCrea Yea Commissioner Wiscombe Yea 1A MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays of OXVIT Miami, Miami-Dade County, Florida V.- STATE OF FLORIDA COUNTY OF MIAMI-DADE. Before the undersigned authority personally appeared J,j MARIA MESA, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review fYkJa Miami Review, a daily (except Saturday, Sunday N OT and Legal Holidays) newspaper, published at Miami in Miami-Dade Nilarrr, Ftoftda3vtlicanductPUtlti ­ County, Florida; that the attached copy of advertisement, .meeting 4 " Oponip m 6ir4 � 'A 13, being a Legal Advertisement of Notice In the matter of 9M .t4'aJ6li6Qjnq I ams4l�,'."v c.t��-, jl'� c- CITY OF SOUTH MIAMI e". PUBLIC HEARING - AUGUST 16. 2011 pAsQ or t�pl{es� }Erse Qf t��Gity o3 SSW 1ry0nq for bn urp,j,j. ....... .... . . was published in said newspaper in the issues of fiesofutaan ahonziitgaiC }tr�l�+anatdg ! .pr 08/0512011 AG R -PT A � a 1 aqq." u ntL Afflant further says that the said Miami Daily Business &V m Review is a newspaper published at Miami In said Miami-Dade County, Florida and that the said newspaper has Uorqmunicatio stem, heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) {fin Ct,'tllr)anee � . ts.. , P. 1". t and has been entered as second class mail matter at the post bq.o t office in Miami in said Miami-Dade County, Florida, fora n o requir6T106.fi0if6r at gj L,,'pe bjqipgf -9146'e" jor'POTMA period of one year next preceding the first publication of the i L ... ,q Wring Gamp 966iiW th qft-.IaVys, ap ".p attached copy of advertisement; and afflant further says that he or ALL­Intee6Wd �Vjte she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose anon bildrifidi-11h orm oni please _c6ilf of seourin in the said �140 n er. W Pursuant to Flsiriara , tWto 28613105 the C1 that If a. 0,4s6n."VE�0!0. §Pto:gprp.Q,'U�,dd ,w �A_tg-��d subsci !bed before me this an', 05 day of AUGUST A.D. 2011 that for d record of the proc�ed�ngs #s made which rec pea'I W6 6e (SEAL) MARIA MESA personally known to me NoNry Public State of Motida 1-1. marmor My Comn*sim DD793490 Expires 071181201P ;Pjty CW6iAth 30; a,, forcpnsider� borne b. .1. iyq L.,,...:..,r.,. year ,> tiara Sun :; ions;, nc,7;i.­.,i, I Af I I I , - 'ocess for led ci3sts ma kil 4. t 6ndez, '&'Mp City r k iw ses the public y tans ' fs:Board' §166&&Af Z THE MIAMI HERALD ; MiariflHerald.carn SE SUNDAY, AUGUST 7, 2011 E 375E TOWN OF CUTLER BAY NOTICE OF PUBLIC HEARING The Town of Culler Bay shall conduct a council meeting on 14l ednesday, August 17, 2011 at 7:00 p,m.. at theTown of Cutter Bay Town Center, Town Council Chambers, 10720 Caribbean Boulevard, Cutler Bay. Florida 33189, During this meeting, the counell will hold a pubic hearing to consider the following on second reading: AN ORDINANCE OFTHE MAYORANI) TOWN COVNCII.OB THE TOWN OF CUTLER RAY, k"LORWA, AYIENBING ORDINANCE 10-13 RELATING TO BURGLAR ALARM REGISTRATION, PROVIDING FOR A WARNING PERIOD, AND PROVIDING FOR AN EFFECTIVE DATE, All persons are invited to appear at thin meeting, or to be represented by an agent, orto express theirviews in vrtitiag addressed to the town covuO c/o of the town cleric, 16720 Caribbean Boulevard, Suite 105, Cutler Bay, FL 33189.The documents pertaining to this public hearing may be inspected attha office of the town clerk during regular worWng hours. inquiries may be directed to the town clerk at (305) 234 -4262. The above items may be continued at this meeting and, under such circumstances, additional legal notice would not be provided. Any person may contact the to�vrf Clerk for information as to the status of tt is Item as a result of the meeting. Pursuant to Stollen 286.0105, Florida Statutes, R any person decides to appeal any decision by the town Count N-Ah regard to thisor any matter,he/shevvill needto ensurofttaverbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based. TbIs notice does not constitute consent by die town fwha introduction or admission of oth muse inadmissible eMen €e, nor does it authorizes challenges or appeals not othenvise allowed by lase. in accordance with the Americans Y41:1) Disabilities Act of 1990, persons needingspecial accommodation for hearing impaired) to participate in this proceeding or to review any documents relative thereto should contact the Iowa clerk forassistanca at 1305) 234 -4262 no later than four (4) days priorto the proceedings. Esther B. Coulson, Ct3G Town Clerk �� . CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City £nmmission of Ms City of South Miami, Honda will conduct public Hearings at its regular My Commrssien meeting scheduled for TltesdasAltaus3l Q 2p11, begtnning at ?M p.m'„ in the CRY Commission 0ambers, 6190 Sunset Drive, to consider the lolloviiag hom(s): An Ordinance amending Chapter 13, License, creating Artcfe IL Section 13 -31 titled'Use of Clys Name' and restricling the expressed orimpiiad use of the City of South Miami or its name tyanyme Tara "y purpose. AAesolutionaathorizing the City Manager to executea five -year Software R1aintenarceAgreement vath parent corporation SunUard Public Sector Inc. forWAcemea, of GuIdated soh, CamputerRidedDispalch(CACTI services, Records Managcmant System (RMS), Field Base Reporting System (FBRS) and annuaS maintenance and support using the Software Lica "se *rd SePIM agreement provided by Open Software Solutlom, Inc. (03St for the Smith 4tami Police Oepartments pubis safehf Cmnmunicatians System, An Ordinance amending Chapter 15B en.Wed ^Ranks and Recroatlon' for the regulation of Special zvents ?nclbding the astabidshmenl of requirements forpublic heartens, prorldmg a process for permitting, the payee"' of fees for permits and associated test;• requiring compliance with City laws, and providing for penalties. For further m(ormallcm, please contact the City C1etk's Office at t345i 663-6340 - ALL intereslsd parties are invited lu attend and vafil be marl. llama M. Menendez, CMG CITY aerk :'ursUan'to Florida Statales 296.0105, the City hereby advises ire pubhe that if a person decides to appeal any decision mada by this Board, Aguncyor Commissien with respect to any mane; consitcred at meating or hearing, he orshe will need a retard of the proceodirgs, and that for such purpose, affected person may need to onsum that a Ve(nadm record 0 the proceedings is made vrhich record includes the tesfimcry and evid €rice upon which the appeal is to to based.