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12o� gourq� F INCORPOP�TED `v CITY OF SOUTH MIAMI t o nto P OFFICE OF TIC CITY MANAGER INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City CON nission Via: Hector Mirabile, Ph.D., City Manager ,/ f� From: Maria Elena Stout -Tate, Parks & Recreation Director Date: August 2, 2011 Agenda Item No.: South Miami *Ameft04 I 1 I 'r 2001 Subject: 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. Background: The Mayor and City Commission adopted Resolution 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 recommendation 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. Expense: N/A Account: N/A Attachments: Resolution No. 27 -03 -11576 I ORDINANCE NO.: 2 3 An Ordinance amending Chapter 15B entitled "Parks and Recreatiod'for the regulation 4 of Special Events including the establishment of requirements for public hearings, 5 providing a process for permitting, the payment of fees for permits and associated costs, 6 requiring compliance with City laws, and providing for penalties. 8 WHEREAS, the Mayor and City Commission have established resolution 27 -03- 10 11576 which established the City's policy and procedure for Special Events; and, 11 WHEREAS, this ordinance establishes a law to enforce the policy set forth in 12 resolution 27 -03 -11576 and to provide the legal procedure for obtaining Special Event 13 permits, as well as the assessment and collection of a regulatory fee to reimburse the City for 15 costs associated with Special Events and any fines for violation of this ordinance; and, 16 WHEREAS, the Mayor and City Commission desire to adopt an ordinance to be 178 place in Chapter 15B of the City's Code of Ordinances for the regulation of Special Events. 19 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 22 Section 1. The following ordinance shall be added to Chapter 15B (titled Parks 24 and Recreation) to read as follows: 25 * ** 26 Sec. 1511-6 Special Events 27 Purpose. The City of South Miami must ensure that public property and public street 28 locations within the City are used properly and are regulated to ensure the safety 29 pedestrians, vehicles and eg neral public. The City may allow for Special Events by persons 30 which are beneficial events for the City and its Residents. The Special Events may require 31 City Services and resources to be expended in order to provide security, clean up, banner 32 hanging, street blocking, covering of parking meters, etc. Therefore, the City desires to enact 33 a Special Events regulation and permitting process and to secure reimbursement to the City for 34 the cost of all such events. 35 36 6.1 Definitions: 37 "Person" means any individual, firm, legal entity joint adventure, organization,syndicate, 38 or other group or combination acting as a unit, association, , estate, trust, business trust, 39 trustee, executor, administrator, receiver, or other fiduciary, and includes the plural as well as 40 the singular 41 "Sponsor" as used in this ordinance shall include the person who organizes the special 42 event. 43 44 6.2 Cost Reimbursement: All persons sponsoring a Special Events using public 45 property or public streets within the City must reimburse the City for all City revenues loses 46 and City expenditures associated with the approved Special Events. In the event that 47 additional monetary contributions /donations are made to the Citv by the Sponsor of the Additions shown by underlining and deletions shown by e er I Special Event, it shall be specifically delineated in the application for the Special Event Permit 2 Application and in the resolution which authorizes the Special 3 Event. Approval of all Special Events, shall be in compliance with this ordinance, after 4 administrative review of all complete Special Event permit applications. All Special Event 5 permit applications must be received, at a minimum, 30 days prior to the proposed special 6 event, unless specifically waived by the City Manager. 7 8 6.3. All persons sponsoring an approved special event, which closes a public street 9 or area within the City, must provide, in advance, a petition, approving of the road closure, 10 signed by a maiority of the businesses or homeowners facing the street affected by 11 approved Special Event road closure. 12 13 6.4. All persons sponsoring approved Special Events using public property or public 14 streets within the City must agree in writing to pay the actual amount of City revenue loses 15 and final City expenditures associated with the approved special event, which may include, 16 but not be limited to: road closure costs, barricades, public works staff, lost parking revenue, 17 police services and clean up services. If a City park facility is being used, the organizer shall 18 be responsible for paying a city park rental fee in accordance with the City's park rental fee 19 schedule. 20 21 6.5 All persons sponsoring approved Special Events using public property or public 22 streets within the City which have been allocated monetary grants in the City Budget, shall be 23 required to pay for the required reimbursement from the designated monetary grant unless 24 otherwise prohibited b the he grant. 25 26 6.6 Compliance with all laws. The person sponsoring the Special Event shall 27 comply with section 20 -4.3(N ) relating: to banners over the Right -of -Way. Additionally, the 28 sponsors of the Special Event shall comply with all City policies and state and federal laws 29 relating to Americans with Disabilities Act, including ensuring sufficient and appropriate 30 bathroom facilities, proper location of displays and exhibits, and parking requirements, and 31 ensuring compliance with the Florida Division of Hotels and Restaurants. Department of 32 Business and Professional Regulation requirements relating to food establishments and public 33 food service for temporary event vending. Additionally, each Special Event sponsor shall 34 obtain a South Miami Public Works Permit application for Work within the right -of -wad 35 pa�any fees associated with producing the permit. All Special Event sponsors shall also pay 36 clean-up deposit as well as any additional costs associated with police or other department off - 37 duty employment to the City prior to the permit being issued. If the sponsors meet the terms 38 for a refund of the clean-up deposit, the City shall issue a refund of same after inspection of 39 the area used for the special event to insure compliance with this ordinance. 40 41 6.7 Policies, Procedures and Insurance. The City shall establish policies and 42 procedures for the implementation of Special Events, which policies and procedures shall 43 include: a Special Event permit application requiring the disclosure of the name of the 44 person(s)sponsoring the event, the address, telephone number of the sponsor, the names of 45 principals and officers of any sponsor who is a legal entity, the delivery of a certificate of Additions shown by underlining and deletions shown by ^°°°gig: I insurance naming of the city as an additional named insured and providing 30 das 2 notification to the City before the policy can be cancelled or modified, the delivery of an 3 indemnification agreement for the event as well as other certificates, documents and 4 information that the City Manger deems appropriate for all applicants. Each policy shall 5 provide coverage for the event, including set up and dismantling of the event. The sponsor 6 shall maintain, as applicable; Comprehensive General Liability Insurance, Comprehensive 7 Automobile Liability Insurance, Worker's Compensation Insurance to satisfy applicable 8 statutory requirements, Employer's Liability Insurance, if applicable and coverage for legal 9 liability for loss or damage to property entrusted to any contractor arising from negligence of 10 the sponsor, and/or its contractor and the contractor's employees. The policy must also 11 contain coverage for premises operations, products and contractual liability. Organizer shall 12 ensure that the policy limits in accordance with the insurance policies of the City as set forth 13 in the City Manager's administrative procedures. The City shall not be held liable or 14 responsible for any claims which may results from acts, errors or, omissions of the sponsor, its 15 contractors or its subcontractors, suppliers or laborers. In reviewing, approving or rejecting 16 any submissions or acts of the organizer, the City in no way assumes responsibility or liability 17 for the acts, errors or omissions of sponsors, or their contractor or subcontractors. 18 19 6.8 Failure to adhere to the provisions of this ordinance shall result in the issuance 20 of the daily running civil infraction fine of $500.00 per day, plus any and all actual costs 21 incurred by the City until such time as the person complies with the ordinance. Appeal of any 22 civil infraction shall be to the special master or magistrate strate pursuant to section 2 -25 of the 23 City's Code of Ordinances. 24 25 6.9 Each application shall be accompanied by special permit fee as delineated 26 in the City's fee schedule. 27 28 Section 2: Codification, The provisions of this ordinance shall become and be made part of 29 the Code of Ordinances of the City of South Miami as amended; that the sections of this 30 ordinance may be re- numbered or re- lettered to accomplish such intention; and that the word 31 "ordinance" may be changed to "section" or other appropriate word. 32 33 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for 34 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 35 shall not affect the validity of the remaining portions of this ordinance. 36 37 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and 38 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is 39 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the 40 appearance of being in conflict when the two ordinances can be harmonized or when only a 41 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the 42 ordinance in conflict can be harmonized by amending its terns, it is hereby amended to 43 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to 44 harmonize the two ordinances shall be repealed. More specifically, This ordinance is not Additions shown by underlining and deletions shown by overstr4king. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 intended to replace existing rules 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 ten (10) days after adoption PASSED AND ADOPTED this day of , 2011. ATTEST: APPROVED: CITY CLERK I sT Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: Additions shown by underlining and deletions shown by f;kin g. RESOLUTION NO. 27 -03 -11576 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 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 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORRIDA, AS FOLLOWS: Section 1. 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 must 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 monetary contribution to be made 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 affected 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 must agree in writing as to pay the actual the amount of City revenue loses and final City expenditures associated with the approved special event. I 7 -03 -11576 (2) Section 6. 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 February , 2003. ATTEST: � — APPROVED; CI CLERK MAYOR Commission Vote: AJ 5 -0 Mayor Feliu Yea Vice Mayor Russell Yea Commission Bethel Yea Commission McCrea Yea Commissioner Wiscombe Yea