61 ORDINANCE NO. _______ _
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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.
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7 WHEREAS, the City has repealed certain resolutions that previously provided specific
8 rules and regulations governing Special Events; and
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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
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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.
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18 NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
19 OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS:
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21 Section 1 Sec. 15B-6 of the City Code of Ordinances is hereby amended to read as
22 follows:
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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 allow 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 process and to secure reimbursement to the city 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.
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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 losses 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 which authorizes the special
10 e¥eflt.: 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
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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 Ccity 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 !:!llil
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 ef the 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.
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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.
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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.
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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-lettered to accomplish such intention; and that the word
18 "ordinance" may be changed to "section" or other appropriate word.
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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.
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PASSED AND ENACTED this __ day of _____ , 2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
APPROVED:
MAYOR
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READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
MIAMI HERALD I MiamiHerald.com
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, January 20, 2015 beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the following
item(s):
A Resolution authorizing the City Manager to negotiate a multi-year agreement
for financial advisory services.
(
An Ordinance amending Section 15B-6 of the Code Ofordinancesj
to provide for waiver of fees and costs and to modify the rules and
requirements for the use of City property.
ALL interested parties are invited to attend and will be heard.
For further information, please contact
the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 2XG.O 105, the City hereby advises the public th'lt if,} person decides to appeal any
decision made by this Board., Agency or Commission with respect to any matter considered at its meeting or
henring, he or she will need a record oflhe proceedings, and that for slIch purpose, affected person may need
to 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.
oo~ta.·
ESPINOSAACADEMY .
12975 SW 6th Street, Miami, FL 33184 www.conchitaespinosa.com
Conchita Espinosa Academy is accredited internationally, nationally and regionally by
Accreditation International (Ai), National Council for Private School Accreditation,
National Independent Private Schools Association, Middle States Association, Southern
Association of Colleges and Schools, Association of Independent Schools of Florida,
and members of Independent Schools of South Florida.
STUDENT ARTiST
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ional Bank
LJHealth SgO'NCAS£ S;~ONSOR:S
at CORAL GABLES
~()fMIAMIHWlHSY$ltM
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BNYMELLON
WEALTH MANAGEMENT
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,whoon oath says that heor she isthe
LEGALCLERK,Legal Notices oftheMiamiDaily Business
Review f/k/a Miami Review,adaily (except Saturday,Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;that the attached copy of advertisement,
beingaLegal Advertisement ofNoticein 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
Affiant further says that the said MiamiDaily Business
Review isa newspaper published at Miamiin 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 inMiamiin said Miami-Dade County,Florida,fora
period of one year next preceding the first publication of the
attached copy of advertisement;and affiant further says that heor
she has neither paid nor promised any person,firmor corporation
any discount,rebate,commission or refund for the purpose
of securing this advertisejp^fcfoj^ublication in the said
newspaper.
Sworntoand subsc/be^before methis
,A.D.2015
'•*«»f******
CITY OF SOUTH MIAMI
NOTICEOFPUBLICHEARING
NOTICE IS HEREBY given that the City tommis^ion of 1ha City Sf
South Miami,Florida Will conduct Public H0af{ng(sfc at Wng*
City Commission meeting scheduled for T*^'*Z^g™beginning at 7:00 p.m.,in the City Commission Chambers,6130 Sunset
Drive,toconsiderthe following ftem(s):
A Resolution authorizing the City Manager to negotiate a
An Ordinance amaiWfi«.Si^to providefbrwaiuerWfees atici&lM'IbMmteimm
requirements^theu^bfCrlyprdpenVv
ALL interested parties areinvited to attendand will beheard.
For further information,please coatacl theI City Jerk's Office at
305-663-6340.
.Maria M.Wfenendez,CMC
CityClerk
Pursuant toFlorida Statutes 286.0105,the C^
that if a person decides;to appeal any decision made by tn^Bpara,
Agency or Commission with respect to any matter considered at m
SeetinffofJne^rtaty*ictiwos^affected.pe^dn ma^i^tDe^ujB^a^wW^