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Ord No 03-15-2210ORDINANCE NO.03-15-2210 An Ordinance amending Section15B-6 of theCode of Ordinances to provide for waiver of feesandcostsandto modify the rulesand requirements for the use of City property. WHEREAS,theCityhasrepealedcertainresolutionsthatpreviouslyprovidedspecific rulesand regulations governing SpecialEvents;and WHEREAS,Section 15B-6 governsSpecialEventsbutdoesnotprovideforthewaiver of feesandcostsanddoesnotexpresslygovernuse of Cityparksand recreational facilities;and WHEREAS,theCity Commission desiresto provide a mechanism forthe waiver of certain feesand cost for certain not-for-profit entities whoare sponsoring events andto otherwise modify the requirements and rules foruse of City property,including parks and recreational facilities. NOW,THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA AS FOLLOWS: Section 1 Sec.15B-6 of theCity Code of Ordinances is hereby amended toreadas follows: Sec.15B-6.Use of City Property for Organized Activity.Specialevents. Purpose.TheCity of SouthMiamimustensurethatpublicpropertyandpublic streetlocationswithinthecityareusedproperlyandareregulatedtoensurethesafety of pedestrians,vehicles andgeneralpublicandtosecure reimbursement tothecityforthe cost of suchactivities.Specialeventsandtheuse of City's rights-of-way,parksand recreationalfacilitiesthatrequirecityservicesandresourcestobe expended,including butnotlimitedto administrative,security,clean up,banner hanging,street blocking, covering of parkingmeters.Thecitymayallowforspecialeventsbypersonswhichare beneficial eventsforthecityandits residents.Thespecialeventsmayrequirecity sendees andresourcestobeexpendedinordertoprovide security,clean up,banner hanging,streetblocking,covering of parkingmeters,etc.Therefore,thecitydesiresto enact a special events regulation and permitting process andtosecure reimbursement to thecityforthe cost of all such events. (1)Definitions: Person meansanyindividual,firm,legalentity joint adventure,organization,syndicate, orothergroupor combination actingasaunit,association,estate,trust,business trust, trustee,executor,administrator,receiver,orotherfiduciary,andincludesthepluralas wellasthe singular. Presenter asusedinthissectionshallincludethepersonwhoorganizestheactivity special event. Page 1 of5 Ord.No.03-15-2210 City meanstheCity Manager orthe Manager's designee,ortheCity of South Miami, depending onthe context in which thewordisused. (2)PermitsandCost Reimbursement:Allpersons presenting aspecial events usingpublic property or public streetsorwhousethepublic rights-of-way,parksand recreational facilities within thecity when suchuse requires City services and resources tobe expended must complete a permit application andshall reimburse thecityforallcity revenues lossesandcity expenditures associated withthe approved usesspecialevents. Inthe event that additional monetary contributions/donations are made tothecitybythe presenter of the special event,itshallbe specifically delineated inthe application forthe special event permit application andinthe resolution which authorizes thespecial event.Approval of allspecialeventsanduse of City's rights-of-way,parksand recreational facilities,shallbein compliance withthis section,after administrative review of all complete special event permit applications.All special event permit applications must be received,ata minimum,thirty (30)days prior tothe proposed special event,unless specifically waived bythecity manager. (3)All persons presenting an approved specialevent,which closesa public streetorarea within thecity,must provide,inadvance,a petition,approving of theroadclosure, signedbya majority of the businesses or homeowners facingthestreet affected bythe approved special event roadclosure,unlessthis requirement is previously waived by resolution of the City Commission. (4)All persons presenting approved special events using public property or public streets within the city must agree in writing to pay the actual amount of city revenue losses and final city expenditures associated with the approved special event,which may include, butnotbe limited to:road closure costs,barricades,public works staff,lost parking revenue,police services and clean up services.If acity right-of-way,park or recreational facility is being used that requires City7 services and resources tobe expended,the organizer shallbe responsible for paying a city park rentalfeein accordance with the cityfs park rentalfee schedule,a security deposit,andanyfees associated with producing the permit. (5)All persons presenting approved special events using public property or public streets within thecity which have been allocated monetary grants inthecity budget,shallbe required to pay forthe required reimbursement fromthe designated monetary grant unless otherwise prohibited bythegrant. (6)Compliance with alllaws.The person presenting the special event or using City's rights-of-way,parks and/or recreational facilities shall comply with section 20-4.3(N) [of the Land Development Code]relating to banners over the right-of-way. Additionally,the presenters of the special event orwho organizes an activity using City's rights-of-way,parks and/or recreational facilities shall comply with allcity policies 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 tofood establishments and public food service for temporary event vending.Additionally,each special event presenter shall obtain a Page 2 of 5 Ord.No.03-15-2210 South Miami Public Works Permit application for work within the right-of-way,and payanyfeesassociatedwithproducingthepermit.Allspecialeventpresentersandall personswho organizes anactivityusing City's rights-of-way,parksand/orrecreational facilitiesshallalso pay,if applicable,aclean-updepositaswellasany additional costs associated with police orotherdepartmentoff-duty employment tothecity prior tothe permitbeingissued.If the presenters or organizers meetthetermsforarefund of the clean-updeposit,thecityshallissuearefund of sameafter inspection of theareaused forthe special event to insure compliance withthis section. (7)Policies,procedures and insurance.Thecityshall establish policies and procedures for the implementation of special events andfortheuse of the City's rights-of-way,parks and/or recreational facilities,which policiesand procedures shallinclude:aspecial eventpermit application requiringthedisclosure of thename of theperson(s)presenting the event,the address,telephone number of the presenter,the names of principals and officers of any presenter whoisalegalentity,the delivery of a certificate of an insurance policy and endorsements that comply with the City's standard insurance requirements then in effect including the naming of the Ceity of South Miami asan additional named insured and providing thirty (30)ten (10)days advanced notification tothe city before the policy canbe cancelled or modified,the delivery of an indemnification agreement that complies withthe City's standard indemnification requirements then in effect forthe event or activity aswellas other certificates, documents and information that thecity manager deems appropriate forall applicants. Each policy shall provide coverage forthe event or activity,including setupand 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 statutory requirements,employer's liability insurance,if applicable,,and coverage forlegal liability forlossor damage to property entrusted toany contractor arising from negligence of the presenter,and/or its contractor andthe contractor's employees and subcontractors.The policy must also contain coverage for premises operations,products and contractual liability.Organizer shall ensure that the policy limits in accordance with the insurance policies of thecityas set forth in the city manager's administrative procedures.The city shall not be held liable or responsible forany claims which may results from acts,errors or,omissions of the presenter,its contractors orits subcontractors,suppliers or laborers.In reviewing, approving or rejecting any submissions oracts of the organizer,thecityinnoway assumes responsibility or liability fortheacts,errorsor omissions of presenters,ortheir contractor or subcontractors. (8)Failure to adhere tothe provisions of this section shall result inthe issuance of thedaily running civil infraction fine of five hundred dollars ($500.00)per day,plus anyandall actualcosts incurred bythecityuntilsuchtimeasthe person complies withthise section.Appeal of any civil infraction shallbetothe special master or magistrate pursuant to section 2-25oras otherwise provided in ef the City's Code of Ordinances. (9)Each application shallbe accompanied bythespecial permit feeas delineated inthe city's fee schedule. (10)TheCity Manager may issue a sound permit assetforthin Section 15-97. Page 3 of5 Ord.No.03-15-2210 (11)The City Commission may waive thefeesand costs required by this ordinance. (12)Revocation ofPermit.The City Manager or designee shall have the authority to revoke a permit upona finding of violation of any federal state,county orCity law,ruleor regulation or finding that any of thefacts contained inthe permit application arefalseinany manner.Thecitypolice department shallhavethe authority toorder termination of the eventandto evict the participants intheeventthatthe permit is revoked or should the continuance of such event contribute to public disorder or endanger lifeor property. (13)Display ofPermits.All persons required tohavea permit for reservation of a park or park facility shall produce and exhibit said permit upon request of the City Manager or designee orany City law enforcement officer whoshall desire to inspect the same forthe purpose of enforcing compliance withany ordinance,resolution,orrule.Failure to produce and exhibit sucha permit shallbegroundsforthe removal of such participants,orevent, including any associated equipment. Section 2.Codification.The provisions of this ordinance shall become andbe made part of theCode of Ordinances of theCity of South Miami as amended;that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention;and that the word "ordinance"maybe changed to "section"or other appropriate word. Section 3.Severability.If any section,clause,sentence,or phrase of this ordinance is forany reason held invalid or unconstitutional byacourt of competent jurisdiction,this holding shallnot affect the validity of the remaining portions of this ordinance. Section 4.Ordinances in Conflict.All ordinances or parts of ordinances andall sections andparts of sections of ordinances in direct conflict herewith are hereby repealed. However,itisnotthe intent of this section to repeal entire ordinances,or parts of ordinances, that givethe appearance of being in conflict when thetwo ordinances canbe harmonized or when onlya portion of the ordinance in conflict needstobe repealed to harmonize the ordinances.If the ordinance in conflict canbe harmonized by amending its terms,itis hereby amended to harmonize thetwo ordinances.Therefore,only that portion that needs tobe repealed to harmonize thetwo ordinances shallbe repealed. Section 5.Effective Date.This ordinance shall become effective 90 days following its publication. PASSED AND ENACTED this 20^day of January,2015. ATTEST:_APPROVED 1st Reading-1/6/15 2nd Reading-1/20/15 Page 4 of 5 Ord.No.03-15-2210 READ ANEKAEfHOVED LANGU^fexEGALir THEREOI RM: Page 5 of 5 COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared M.ZALDIVAR,whoonoath says that he or she isthe LEGALCLERK,Legal Notices of the MiamiDaily Business Review f/k/a Miami Review,adaily (except Saturday,Sunday andLegalHolidays)newspaper,published atMiamiinMiami-Dade County,Florida;that the attached copy of advertisement, being aLegal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -JAN.20.2015 in the XXXX Court, was published in said newspaper in the issues of 01/09/2015 Affiantfurther says that the said MiamiDaily Business Review isa newspaper published atMiamiin said Miami-Dade County,Florida and that the said newspaper has heretofore been continuously published insaidMiami-DadeCounty, Florida,eachday (except Saturday,Sunday andLegalHolidays) and has been entered as second class mail matter at the post office inMiamiinsaid Miami-Dade County,Florida,fora periodof one year next preceding the firstpublicationofthe attached copy of advertisement;andaffiantfurther says thatheor she has neither paidnor promised any person,firmorcorporation any discount,rebate,commission or refund for the purpose of securing this advertisenifcQj/fo^ublication in the said newspaper. Swom to and subsi (SEAL) M.ZALDIVAF^Tei lefore me this A.D.2015 ^•VHi1^ 'fhi$l$$*^ NOTICE IS HEREBY given that the CHy Oomrngstdfl tilmQtyf isejhnlnji atftftfenwtoH»GtyC A Re^jutte&authorizing tt»Cfty Mten^st ALLinterested oarties are For further lnfcrt]Piat^,pJeafie*x»feGf1fteW^wtfs Office at 305-663-6040. ;-.MarfaM.Menendez.CMC GftyCterk hat If a perse©_.. or CommMpn with a/?y ctedslon Mjadei by ih^Jpaftt *to any '""—^~»- MIAMIHERALD|MiamiHerald.com '"*gg£* CITYOFSOUTHMIAMI COURTESYNOTICE NOTICEISHEREBYgiventhattheCityCommissionoftheCityofSouth Miami,FloridawillconductPublicHearing(s)atitsregularCityCommission meetingscheduledforTuesday.January20.201Sbeginningat7:00p.m.,in theCityCommissionChambers,6130SunsetDrive,toconsiderthefollowing item(s): AResolutionauthorizingtheCityManagertonegotiateamulti-yearagreement forfinancialadvisoryservices. /AnOrdinanceamendingSection15B-6oftheCodeofOrdinances^/toprovideforwaiveroffeesandcostsandtomodifytherulesand] (requirementsfortheuseofCityproperty./ ALLinterestedpartiesareinvitedtoattendandwillbeheard. Forfurtherinformation,pleasecontact theCityClerk'sOfficeat:305-663-6340. MariaM.Menendez,CMC CityClerk PursuanttoFloridaStatutes2X6.0105,theCityherebyadvisesthepublicthatifapersondecidestoappealany decisionmadebythisBoard,AgencyorCommissionwithrespecttoanymatterconsideredatitsmeetingor hearing,heorshewillneedarecordoftheproceedings,andthatforsuchpurpose,affectedpersonmayneed toensurethataverbatimrecordoftheproceedingsismadewhichrecordincludesthetestimonyandevidence uponwhichtheappealistobebased. 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