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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the Ci~ ~pission
Hector Mirabile, Ph.D., City Manager 11
Maria Elena Stout-Tate, Parks & Recreation Director lL
August 2,2011 Agenda Item No.:
South
2001
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 penaWes.
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 fmes for
violation of this ordinance.
The City Manager reconunends 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.
N/A
N/A
Resolution No. 27-03-11576
1 ORDINANCE NO.: _____ _
2
3 An Ordinance amending Chapter 15B entitled "Parks and Recreation" 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.
7
8 WHEREAS, the Mayor and City Commission have established resolution 27-03-
9 11576 which established the City's policy and procedure for Special Events; and,
10
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
14 costs associated with Special Events and any fines for violation of this ordinance; -and,
15
16 WHEREAS, the Mayor and City Commission desire to adopt an ordinance to be
17 place in Chapter 15B of the City's Code of Ordinances for the regulation of Special Events.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
20 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
21
22 Section 1. The following ordinance shall be added to Chapter 15B (titled Parks
23 and Recreation) to read as follows:
24
25 * * *
26 Sec. 15B-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 of
29 pedestrians, vehicles and general 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 uuit, association, estate, trust, business trust, trustee,
39 executor, administrator, receiver, or other fiduciary, and includes the plural as well as the
40 singular
41 "Presenter" as used in this ordinance shall include the person who organizes the special
42 event.
43
44 6.2 Cost Reimbursement: All persons presenting 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 City by the Presenter of the
Additions shown by underlining and deletions shown by overstrikiag.
1 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 presenting 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 majority of the businesses or homeowners facing the street affected by the
11 approved Special Event road closure.
12
13 6.4. All persons presenting 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 presenting 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 by the grant.
25
26 6.6 Compliance with all laws. The person presenting the Special Event shall
27 comply with section 20-4.3(N) relating to banners over the Right-of-Way. Additionally, the
28 presenters 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 presenter shall
34 obtain a South Miami Public Works Permit application for Work within the right-of-way, and
35 pay any fees associated with producing the permit. All Special Event presenters shall also pay
36 a clean-up deposit as well as any additional costs associated with police or other department
37 off-duty employment to the City prior to the permit being issued. If the presenters meet the
38 terms for a refund of the clean-up deposit, the City shall issue a refund of same after
39 inspection of 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) presenting the event, the address, telephone number of the presenter, the names of
45 principals and officers of any presenter who is a legal entity, the delivery of a certificate of
Additions shown by underlining and deletions shown by overstriking.
1 insurance naming of the city as an additional named insured and providing 30 days
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 presenter
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 presenter, 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 presenter,
15 its 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 presenters, 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 pursuant to section 2-25 of the
23 City's Code of Ordinances.
24
25 6.9 Each application shall be accompanied by the 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
29 part of the Code of Ordinances of the City of South Miami as amended; that the
30 sections of this ordinance may be re-numbered or re-lettered to accomplish such
31 intention; and that the word "ordinance" may be changed to "section" or other
32 appropriate word.
33
34 Section 3. Severabilitv. If any section, clause, sentence, or phrase of this ordinance is
35 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
36 holding shall not affect the validity of the remaining portions of this ordinance.
37
38 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
39 sections and parts of sections of ordinances in direct conflict herewith are hereby
40 repealed. However, it is not the intent of this section to repeal entire ordinances, or
41 parts of ordinances, that give the appearance of being in conflict when the two
42 ordinances can be harmonized or when only a portion of the ordinance in conflict
43 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be
44 harmonized by amending its terms, it is hereby amended to harmonize the two
45 ordinances. Therefore, only that portion that needs to be repealed to harmonize the
Additions shown by underlining and deletions shown by oveFStrilciag.
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two ordinances shall be repealed. More specifically, This ordinance is not 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 upon adoption.
PASSED AND ADOPTED this _ day of ___ , 2011.
ATTEST:
APPROVED:
CITY CLERK MAYOR
I ST Reading _
2'd 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 o¥6fstrikiBg.
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, FLOIRDA, 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 mayalsospecifyan .. 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.
/
27-03-11576
(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
ATTEST: ~ CI{fc~ ~~
READ AbJ~;f"P1<1'i1;'E!;} AS TO FORM:
18th, day of February ,2003.
APPROVED:
d-ne.
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Russell
Commission Bethel
Commission McCrea
Commissioner Wiscombe
Yea
Yea
Yea
Yea
Yea
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami~Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -AUGUST 16, 2011
in the XXXX Court,
was published in said newspaper in the issues of
0810512011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin . ication in the said
n er.
_--,""""n~"",,,a subscribed before me this
05 day of AUGUST ,A.D. 2011
(SEAL)
MARIA MESA personally known to me
.i",., }:::t;J;J~j~r~;i;·!Ti)fi~;,~. ?\Z;\i1~:t;i~~p§~~:g~~'
Pursuant to FI~f0~$Thi~t~~:$'_~~~~q\O,~~-t~~)¢M:,~~:~~~V~~vt$es the public
that _iI a pe,rson {de;crd~s~,to -app~,cW~flY"debj~Jo~'cm)3de;, by, th!~,,,Board, Agency'::'6fr('!bmri1Js~k~ll~ \wl!h_,·re$p·~.Gt t,o ~. _~nY£im~tt~'r;} ~q)i~l~t~rei:l. "at its.
'meeting or:~earing.-he or she will need a recl?,rd of t,he''-Rrpq,ee,qiQ~s,: ~nd
tnat for SUPJ!:p,~rp.o.sEl;::r;:tff,~-yt!3,~·pe(~p~ maY·,n.t;lPR to-_ensy~.§ _ttJa,t~"_\t.~rb!'lJi~
r~c9rd, qf tl1$ :P.f.oPf,!.!3d!D9,s .. j~ JnaO~)Y!)J.qb,r,~.90~~', in.~r_J,Jct~.sJ~~m9!1Y
an(j evide.nc~ uPQowl)lch the:~ppeal is t() be b~s,e:.q" c. 'cd e:' .'~'
8/5. . ·j1-3;1?Bll.m313M
TH~~IAMI HERALD I MiamiHerald.com ___ _
TOWN OF CUTLER BAY
NOTICE OF PUBLIC HEARING
TIle Town of Cutler Bay shall conduct a councll meeting on Wednesday, August 17, 2011 at 7;00 p.m.
at the Town of Cutler Bay Town Center, Town Council Chambers, 10720 Caribbean Boulevard, Cutler Bay,
Florida 33189, During this meeting, the counCil will hold a public hearing to consider the fOllowing on
second reading;
AN ORDINANCE OFTHE MAYOR AND TOWN COUNCIL OF THE
TOWN OF CUTLER BAY, FLORIDA, AMENDING ORDINAt"'iCE
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 this meeting, orto be represented by an agent, or to express their views
in writing addressed to the town council c/o of the town clerk, 10720 Caribbean Boulevard, Suite 105,
Cutler Bay, FL 33189. The documents pertaining to this public hearing may be inspected at the office of the
town clerk during regular working 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 town clerk for infonnation as to the status of this item
as a result of the meeting.
Pursuant to Section 286.0105, Florida Statutes, if any person decides to appeal any decision by the town
councll with regard to this or any matter, he/she will need 10 ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the town forthe introduction or admission of otherwise inadmissible
evidence, nOf does it authorizes challenges or appeals not othen-vise allowed by law. In accordance with
the Americans with DisabilitiesAct of 1990, persons needing special accommodation (or hearing impaired)
to participate in this proceeding or to review any documents relative thereto should contact the town clerk
for assistance at (305) 234~4262 no later than four (4) days prior to the proceedings.
CITY OF SOUTH MIAMI
COURTESY NOTICE
Esther B. Coulson, CMC
Town Clerk
NOTICE IS HEREBY given that ttle City Commission of the City 01 South Miami, Florida wi!! conduct Public Hearings
at its regular City Commission meeting scheduled for Tuesday August 16 2011. beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the following !tem(s):
An Ordinance amending Chapter 13, license, creating Article 11, Section 13+31 titled ~Use of City's Name" and
restricting the expressed or implied use of the City of South Miami or Us name hy anyone for any purpose.
A Resolution authorizing the City Manager to execute a five-year Software Maintenanctl Agreement with parent
corporation SunGard Public Sector Inc. for replacement of outdated software for Computer Aided Dispatch (CAD)
services, RecOfds Management System (RMS), Reid Base Reporting System (FBRS) and annual maintenance
and support using the Software license and Services Agreement provided by Open Software Solutions, Inc.
{OSSij for the South Miami Police Department's Puhlic Safety Communications System.
(
M Ordinance amending Chapter 158 entitled "ParkS and Recreation" for the regulation of Special Events)
induding the establlshment of requirements for publiC hearings, providing a process for permitting, ttle payment
of fees lor permits and aSSOCiated costs, requiring compliance wilh City laws, and providing for penalties.
FOf further information, please contact tile City Clerk's Office at (305) 663-6340.
All interested parties are invited to attend and wil! be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the publlc that if a person decides 10 appeal any decision
made by this Board, Agency or Commission with respect to any matter considere<l at ils meeting or hearing, he or she will
affected person may need to ensure tha! a verbatim reCllrd
based.
SE ~UNDAY, AUGUST 7, 2011 I 31SE