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111/ 1 ORDINANCE NO. _______ _ 2 3 An Ordinance amending Section 15B-6 of the Code of Ordinances to provide for 4 waiver of fees and costs and to modify the rules and requirements for the use of 5 City property. 6 7 WHEREAS, the City has repealed certain resolutions that previously provided specific 8 rules and regulations governing Special Events; and 9 10 WHEREAS, Section 15B-6 governs Special Events but does not provide for the waiver 11 of fees and costs and does not expressly govern use of City parks and recreational facilities; and 12 13 WHEREAS, the City Commission desires to provide a mechanism for the waiver of 14 certain fees and cost for certain not-for-profit entities who are sponsoring events and to otherwise 15 modify the requirements and rules for use of City property, including parks and recreational 16 facilities. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 19 OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS: 20 21 Section 1 Sec. 15B-6 of the City Code of Ordinances is hereby amended to read as 22 follows: 23 24 Sec. 15B-6. Use of City Property for Organized Activity. Special events. 25 Purpose. The City of South Miami must ensure that public property and public 26 street locations within the city are used properly and are regulated to ensure the safety of 27 pedestrians, vehicles and general public and to secure reimbursement to the city for the 28 cost of such activities. Special events and the use of City parks and recreational facilities 29 require city services and resources to be expended, including but not limited to 30 administrative, security, clean up, banner hanging, street blocking, covering of parking 31 meters. The city may allo'>", for special events by persons which are beneficial events for 32 the city and its residents. The special events may require city services and resources to be 33 expended in order to provide security, clean up, banner hanging, street blocking, covering 34 of parking meters, etc. Therefore, the city desires to enact a special events regulation and 35 permitting proeess and to seeure reimbursement to the eity for the cost of all such events. 36 (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 40 well as the singular. 41 Presenter as used in this section shall include the person who organizes the activity 42 special event. Page 1 of5 1 2 City means the City Manager or the Manager's designee, or the City of South Miami, depending on the context in which the word is used. 3 (2) Permits and Cost Rfeimbursement: All persons presenting a special events using public 4 property or public streets or who use public parks and recreational facilities within the 5 city must complete a permit application and shall reimburse the city for all city revenues 6 loses and city expenditures associated with the approved uses special events. In-the 7 event that additional monetary contributions/donations are made to the city by the 8 presenter of the special event, it shall be specifically delineated in the application for the 9 special event permit application and in the resolution "",hich authorizes the special 1 0 event-: Approval of all special events and use of City parks and recreational facilities, 11 shall be in compliance with this section, after administrative review of all complete 12 special event permit applications. All special event permit applications must be 13 received, at a minimum, thirty (30) days prior to the proposed special event, unless 14 specifically waived by the city manager. 15 (3) All persons presenting an approved special event, which closes a public street or area 16 within the city, must provide, in advance, a petition, approving of the road closure, 17 signed by a majority of the businesses or homeowners facing the street affected by the 18 approved special event road closure, unless this requirement is previously waived by 19 resolution of the City Commission. 20 (4) All persons presenting approved special events using public property or public streets 21 within the city must agree in writing to pay the actual amount of city revenue losses and 22 final city expenditures associated with the approved special event, which may include, 23 but not be limited to: road closure costs, barricades, public works staff, lost parking 24 revenue, police services and clean up services. If a city park or recreational facility is 25 being used, the organizer shall be responsible for paying a city park rental fee in 26 accordance with the city's park rental fee schedule, a security deposit, and any fees 27 associated with producing the permit. 28 (5) All persons presenting approved special events using public property or public streets 29 within the city which have been allocated monetary grants in the city budget, shall be 30 required to pay for the required reimbursement from the designated monetary grant 31 unless otherwise prohibited by the grant. 32 (6) Compliance with all laws. The person presenting the special event or using City parks 33 and/or recreational facilities shall comply with section 20-4.3(N) [of the Land 34 Development Code] relating to banners over the right-of-way. Additionally, the 35 presenters of the special event or who organizes an activity using City parks and/or 36 recreational facilities shall comply with all city policies and state and federal laws 37 relating to Americans with Disabilities Act, including ensuring sufficient and 38 appropriate bathroom facilities, proper location of displays and exhibits, and parking 39 requirements; and ensuring compliance with the Florida Division of Hotels and 40 Restaurants, Department of Business and Professional Regulation requirements relating 41 to food establishments and public food service for temporary event vending. 42 Additionally, each special event presenter shall obtain a South Miami Public Works 43 Permit application for work within the right-of-way, and pay any fees associated with 44 producing the permit. All special event presenters and all persons who organizes an Page 2 of5 1 2 3 4 5 6 activity using City parks and/or recreational facilities shall also pay, if applicable, a clean-up 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 or organizers 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 section. 7 (7) Policies, procedures and insurance. The city shall establish policies and procedures for 8 the implementation of special events and for the use of City parks and/or recreational 9 facilities, which policies and procedures shall include: a special event permit application 10 requiring the disclosure of the name of the person( s) presenting the event, the address, 11 telephone number of the presenter, the names of principals and officers of any presenter 12 who is a legal entity, the delivery of a certificate of an insurance policy and 13 endorsements that comply with the City's standard insurance requirements then in 14 effect, including the naming of the Ceity of South Miami as an additional named 15 insured and providing thirty (30) ten (10) days advanced notification to the city before 16 the policy can be cancelled or modified, the delivery of an indemnification agreement 17 that complies with the City's standard indemnification requirements then in effect for 18 the event or activity as well as other certificates, documents and information that the 19 city manager deems appropriate for all applicants. Each policy shall provide coverage 20 for the event or activity, including set up and dismantling of the event. The presenter 21 shall maintain, as applicable; comprehensive general liability insurance, comprehensive 22 automobile liability insurance, worker's compensation insurance to satisfy applicable 23 statutory requirements, employer's liability insurance, if applicable-,-and coverage for 24 legal liability for loss or damage to property entrusted to any contractor arising from 25 negligence of the presenter, and/or its contractor and the contractor's employees !!!!4 26 subcontractors. The policy must also contain coverage for premises operations, products 27 and contractual liability. Organizer shall ensure that the policy limits in accordance with 28 the insurance policies of the city as set forth in the city manager's administrative 29 procedures. The city shall not be held liable or responsible for any claims which may 30 results from acts, errors or, omissions of the presenter, its contractors or its 31 subcontractors, suppliers or laborers. In reviewing, approving or rejecting any 32 submissions or acts of the organizer, the city in no way assumes responsibility or 33 liability for the acts, errors or omissions of presenters, or their contractor or 34 subcontractors. 35 (8) Failure to adhere to the provisions of this section shall result in the issuance of the daily 36 running civil infraction fine of five hundred dollars ($500.00) per day, plus any and all 37 actual costs incurred by the city until such time as the person complies with thise 38 section. Appeal of any civil infraction shall be to the special master or magistrate 39 pursuant to section 2-25 or as otherwise provided in efthe City's Code of Ordinances. 40 (9) Each application shall be accompanied by the special permit fee as delineated in the 41 city's fee schedule. 42 (10) The City Manager may issue a sound permit as set forth in Section 15-97. 43 (11) The City Commission may waive the fees and costs required by this ordinance. Page 3 of5 1 (12) Revocation of Permit. The City Manager or designee shall have the authority to revoke a 2 permit upon a finding of violation of any federal, state, county or City law, rule or regulation 3 or finding that any of the facts contained in the permit application are false in any manner. 4 The city police department shall have the authority to order termination of the event and to 5 evict the participants in the event that the permit is revoked or should the continuance of 6 such event contribute to public disorder or endanger life or property. 7 8 (13) Display of Permits. All persons required to have a permit for reservation of a park or park 9 facility shall produce and exhibit said permit upon request of the City Manager or designee or 10 any City law enforcement officer who shall desire to inspect the same for the purpose of 11 enforcing compliance with any ordinance, resolution, or rule. Failure to produce and exhibit 12 such a permit shall be grounds for the removal of such participants, or event, including any 13 associated equipment. 14 15 Section 2. Codification. The provisions of this ordinance shall become and be made 16 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 17 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word 18 "ordinance" may be changed to "section" or other appropriate word. 19 20 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 21 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 22 shall not affect the validity of the remaining portions of this ordinance. 23 24 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 25 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 26 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, 27 that give the appearance of being in conflict when the two ordinances can be harmonized or 28 when only a portion of the ordinance in conflict needs to be repealed to harmonize the 29 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby 30 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed 31 to harmonize the two ordinances shall be repealed. 32 33 Section 5. Effective Date. This ordinance shall become effective 90 days following its 34 publication. 35 36 37 38 39 40 41 42 43 44 PASSED AND ENACTED this __ day of _____ , 2015. ATTEST: CITY CLERK 1st Reading 2nd Reading APPROVED: MAYOR Page 4 of5 1 2 3 4 5 6 7 8 9 10 READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 5 of5 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: