HomeMy WebLinkAbout2005-3490 Ordinance
ORDINANCE NO. 2005-3490
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AMENDING
CHAPTER 12, ARTICLE II OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING SECTION 12-5, "SPECIAL
EVENTS PERMITS," BY RENUMBERING SUCH SECTION, AND
CLARIFYING AND AMENDING THE DEFINITION,
PROCEDURES AND STANDARDS APPLICABLE TO SPECIAL
EVENTS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, departing from a history of informally allowing temporary uses as
special events in the City through a procedure approved by resolution and governed by a
set of guidelines, the City Commission previously adopted Ordinance No 2001-3302,
which codified the special events permit process, and also adopted Resolution No. 2001-
24341, to adopt the separate Special Event Permit Requirements and Guidelines; and
WHEREAS, due to the vibrancy of the City, there is also an expanded interest in
holding special events in the City, in effect celebrating the uniqueness of the City as a
venue for such events, and therefore there is a need to further review and revise the
special events definition, procedures and standards to account for the increased interest in
such events, while maintaining orderly arrangements for the use of public facilities,
public resources, and private properties, and to minimize the disruption to the impacted
surrounding environment and neighborhoods; and
WHEREAS, the existing special events permit review and approval process
provides a significant review procedure to ensure that every event is compatible with
surrounding properties and neighborhoods and complements the ambience and aesthetics
of the area in which it is presented.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 12, Article II, Section 12-5 entitled, "Special Event Permits," of the
Code of the City of Miami Beach is hereby amended as follows:
CHAPTER 12
ARTS. CULTURE & ENTERTAINMENT
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Article II. Special Events
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Sec. 12-5. Special events permits.
The city manager, or the manager's designee, has the authority to issue, modify or revoke
permits for special events, in accordance with criteria set forth in this section and the
special events requirements and guidelines approved by separate resolution of the city
commISSIOn.
(1) It shall be unlawful to engage in special events without a special events permit., A
special event is defined as any organized event that takes place on public property, or
private property, where such eyent '."ould not normally be allO'.1fed based on zoning,
certifieate of use or business license a temporary use on public or private property that
would not be permitted generally or without restriction throughout a particular zoning
district. but would be permitted if controlled with special review in accordance with this
section. withoHt a speeial events permit.
(2) Applicants wishing to hold a special event must submit a completed special event
application, including but not limited to an application form, site plan, fees, deposits,
insurance and indemnification, as required by the special events requirements and
guidelines, no less than W 60 days in advance for beach events and 60 days in advance
fef non-beach events.
(3) The manager, or the manager's designee may impose such fees as they determine
appropriate considering the impact of the special event on city facilities and services,
including without limitation, user fees for particular city properties, square footage rates
for exclusive use of public property, and concession agreements for paid admissions, and
sale of food, beverage and merchandise on public property. The eity manager may, in his
discretion, reduce or waive the submission periods, or fees for events by not-for-profit
corporations, for a particular event when such waiver is found to be in the best interest of
the city.
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(4) The manager or the manager's designee will determine specific requirements, and
city departments will determine minimum staffing levels, for the event consistent with
the special events requirements and guidelines.
(5) Special event applications are subject to review by, and applicants are required to
present their plans to, the neighborhood association(s) corresponding to the geographic
area where the event is proposed. In the case of events that expect +,GOO 200 or more
attendees and where there is no legally constituted/recognized association, or in the
discretion of the city commission. the city manager or city manager's designee. the
matter will be referred for review and recommendation to the city planning board.
(6) The city manager, or the manager's designee, will make a final determination on
an application for a permit within seven days after all special events requirements
applicable to an event have been fulfilled, with appropriate extensions of such deadline to
allow for scheduling of neighborhood association or planning board meetings. All
requirements must be fully completed no later than two weeks prior to the event,
including payment for city services. No refunds will be made after a permit is issued;
however, payment does not constitute permission to hold the event.
(7) Special events requirements and guidelines. The city commission may adopt
special events requirements and guidelines as they pertain to special events being held in
the city. The manager may authorize amendments to the requirements and guidelines
proposed by the administration, consistent with the intent and purpose of this section. or
may present such amendments to the city commission for approval, by resolution.
(8) Conflict with noise provisions. The city manager or the manager's designee, may
issue a permit that authorizes a special event in conflict with chapter 46, article IV, of this
Code, or other applicable noise ordinance, only where the applicant has met all of the
city's requirements for obtaining a permit as prescribed in this section and the
requirements and guidelines, and the special event cannot be performed in compliance
with the applicable noise ordinance. Such a permit must specify the precise manner by
which the noise ordinance may be exceeded, by what duration, and at what locations.
Such permit authorization may be modified or revoked if in the discretion of the
manager, or designee, the authorization excessively negatively impacts the surrounding
neighborhood. Having a permit shall not relieve the permit holder from compliance with
all other applicable local, county, state or federal laws.
(9) Enforcement.
a. Permits shall be posted in a conspicuous location maintained at the site on which
the special event occurs. Upon the request of any police officer or code compliance
officer of the city, the owner, lessee of the property or other representative of the special
event, shall produce such permit for inspection.
b. Persons engaged in a special event without a permit, or otherwise in violation of a
permit, this section or the special events requirements and guidelines provided for herein,
shall be subject to enforcement by city police or code compliance officers, through the
issuance of immediate cease and desist orders, the violation of which may subject the
offender to the following immediate fines: for the first offense a fine of one thousand
dollars ($1.000): for the second offense a fine of three thousand dollars ($3.000): and for
the third offense and subsequent offenses a fine of five thousand dollars ($5.000) or
arrest, and/or enforcement as provided for in section 1-14 of this code, and/or notices of
violation referred to special masters, who have authority to issue fines or enforce
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compliance, as provided for in chapter 30 of this code. Police or code compliance officers
will coordinate enforcement with the Department of Tourism and Cultural Develollment
office of arts, cultltre and entertairnnent. As an alternate and supplemental remedy, the
city may enforce this section by injunctive relief in any court of competent jurisdiction,
and in such circumstance the city shall be entitled to recover its reasonable attorneys' fees
and costs. For repeat offenders, the manager or designee may decline to issue permits to
such person or entity for one year, or such other period as the manager deems
appropriate.
(Ord. No. 2001-3302, ~ 1,4-18-01)
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in
conflict herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10
ATTEST:
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CITY CLERK
005.
PASSED ANQA.DOPTED this
David Dermer
Robert Parcher
APPROVED AS TO FORM
AND LANGUAGE & FOR EXECUTION
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Date
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CITY'OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance Amending Chapter 12, Article II of the Code of the City of Miami Beach, By Amending Section 12-5,
"Special Events Permits," By Renumbering Such Section, and Clarifying and Amending the Definition, Procedures
and Standards Applicable to Special Events.
Issue:
Shall the City Commission amend the Ordinance for issuance of Special Event Permits?
Item Summa IRecommendation:
On July 6, 2005 the City Commission passed the Ordinance amendment on first reading. The Administration was
instructed to draft a provision into the guidelines that will allow Lincoln Road Marketing Association and other
similar business association to have more than five (5) events in a calendar year. The Ordinance authorizes the
City Manager to make amendments to the Special Event Guidelines consistent with the Ordinance. Therefore, the
Administration recommends the City Manager amend the Consecutive Day Clause to include the following:
. Business or merchant associations are permitted to have events throughout the calendar year that promote and
encourage patronage of the businesses in the geographic boundaries of the association. These events may
NOT be retail oriented and MUST be free and open to the general public. A Special Event Permit may be
required for such events and shall be obtained by the association, Such approvals shall abide by the City's
Special Event Permit Requirements and Guidelines.
Highlights of significant amendments to the Ordinance are as follows:
Definition of a special event - A special event is defined as a temporary use on public or private property that
would not be permitted aenerallv or without restriction throuahout a particular zonina district. but would be
permitted if controlled with special review in accordance with this section.
Application deadline - Reduce application deadlines from 90 to 60 days in advance for both beach events and
non-beach events.
Planning Board review threshold - In the case of events that expect ~ 200 or more attendees and where
there is no legally constitutedlrecognized association, or in the discretion of the city commission. the manaaer or
manaaer's desianee. the matter will be referred for review and recommendation to the city Planning Board.
Permits - Permits shall be posted in a conspicuous location at the site on which the special event occurs.
Fines - Violations to conditions of a special event permit may subject the offender to the followina immediate
fines: for the first offense a fine of one thousand dollars ($1.000); for second offense a fine of three thousand
dollars ($3.000), and for the third offense and subseauent offenses a fine of five thousand dollars ($5.000) or
arrest.
The Administration recommends a rovin the ordinance on second and final readin .
Financial Information:
Amount to be expended:
Source of
Funds:
D
Finance Dept.
T:\AGENDA\2005\JuI2705\Regular\Special Event Ordinance Amendment_July 27 Commission Summ_2.doc
AGENDA ITEM
DATE
I?SA
7-J7-0S-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl,gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: July 27,2005
From:
Jorge M. GOnZalez~,~ SECONDREADING,PUBLlCHEARING
City Manager U' (j
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 12, ARTICLE II OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING SECTION
12-5, "SPECIAL EVENTS PERMITS," BY RENUMBERING SUCH
SECTION, AND CLARIFYING AND AMENDING THE DEFINITION,
PROCEDURES AND STANDARDS APPLICABLE TO SPECIAL EVENTS;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
Subject:
ADMINISTRATION RECOMMENDATION:
Adopt the Ordinance on second reading.
ANALYSIS:
The City of Miami Beach has become the location of choice for a number of activities and
special events which enrich this unique community for both visitors and residents. The
Tourism and Cultural Development Department coordinates the permitting of special
events and includes review of the appropriate neighborhood association in an effort to
complement the ambience and aesthetics of the area in which the events are presented.
As part of the Tourism and Cultural Development Department, the Event and Film
Production Office supports events on public property and other properties requiring special
zoning exemptions. The Event and Film Production Office is responsible for assisting
producers with special events guidelines and permit requirements and the issuance of
Special Events Permits. In addition, the Special Events Division serves as liaison between
local and regional associations and agencies in addressing the delivery of city services and
assists neighborhood associations with maintenance of events criteria.
In 1988, the City Commission approved a set of requirements for any applicant who wishes
to hold a special event in the City of Miami Beach. The Special Events Permit
Requirements and Guidelines were designed to help guide applicants through the process
of applying for a Special Events Permit, while ensuring minimal disruption to the impacted
surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the
guidelines were adopted, but the procedures set forth did not adequately address a variety
of issues associated with the production of special events. In 1998, via Resolution No. 98-
23003, the guidelines were amended to incorporate direction received from neighborhood
July 27,2005
City Commission Meeting
Special Event Ordinance Amendment
Page 2 of 4
associations, property owners and citizen groups. Subsequently, in 2001 Ordinance No.
2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City
Commission, which codified the Special Event permit process and adopted separate
guidelines with procedures, requirements and criteria for the issuance of permits for
Special Events in Miami Beach.
In March 2003, at the request of the City Commission, the Administration began another
review of the guidelines as the City of Miami Beach continued to increase in popularity and
the impacts of special events grew. On July 6, 2005 the City Commission passed the
Ordinance amendment on first reading and the companion resolution amending the City's
Special Event Permit Requirements and Guidelines was also adopted. At that time, the
Administration was instructed to draft a provision into the guidelines that will allow Lincoln
Road Marketing Association and other similar business association to have more than five
(5) events in a calendar year as long as the event is not retail oriented, is free and open to
the public, and is geared toward attracting people to a destination.
Chapter 12, Article II, Section 12-5, subsection 7 authorizes the City Manager to make
amendments to the Special Event Permit Requirements and Guidelines consistent with the
intent and purpose of the Ordinance. Therefore, the Administration recommends that the
City Manager amend the Consecutive Day Clause of the Special Event Permit
Requirements and Guidelines to include the following:
. Business or merchant associations are permitted to have events throughout the
calendar year that promote and encourage patronage of the businesses in the
geographic boundaries of the association. These events may NOT be retail oriented
and MUST be free and open to the general public. A Special Event Permit may be
required for such events and shall be obtained by the association. Such approvals
shall abide by the City's Special Event Permit Requirements and Guidelines.
SUMMARY OF EXISTING STANDARD REQUIREMENTS
A City of Miami Beach Special Events Permit is required for any organized event which
takes place on public property, or private property. Applicants who wish to hold a special
event must submit to the Tourism and Cultural Development Department a completed
Special Event Application. The City Manager may, at his/her discretion, reduce or waive
the submission periods for a particular event when such waiver is found to be in the best
interest of the City. The City Manager or the Manager's designee will determine specific
requirements for the event, and City Departments will determine minimum-staffing levels
needed to ensure the events success.
Special Events Applications are subject to review by, and applicants are required to
present their plans to, the corresponding neighborhood association(s) corresponding to the
geographic area where the event is proposed. The City will identify appropriate
neighborhood associations for this review.
July 27, 2005
City Commission Meeting
Special Event Ordinance Amendment
Page 3 of 4
The City Manager will make a final determination on an application when all requirements
are fully completed by the applicant, including payment for City services. No refunds will
be made after a permit is issued; however, payment does not constitute permission to hold
the event. All approved permits must be available for inspection on site at all times.
The minimum requirements to apply for a Special Events Permit are:
. a completed application and a $250.00 non-refundable application fee;
. a $250.00 Permit Fee, refundable if application is denied;
. a minimum $2,500.00 refundable Security Deposit, and depending upon the scope
and nature of the proposed event, the Deposit may be increased;
. an original notarized, completed Indemnity Agreement;
. a Certificate of Insurance per occurrence for at least $1 ,000,000 US dollars in general
liability coverage, naming the City of Miami Beach as an additional insured and policy
holder;
. a detailed site plan for the event, showing all temporary installations, in relation to the
surroundings; and
. a completed questionnaire describing the event.
HIGHLIGHTS OF THE REVISIONS AND NEW REQUIREMENTS
In order to continue facilitation of events that enhance the City of Miami Beach, language
has been clarified and new requirements have been added to the Special Events Permits
Requirements and Guidelines, which were approved on July 6, 2005. Highlights of
significant amendments to the Ordinance are as follows:
. Definition of a special event - A special event is defined as any organized event that
takes place on public property, or private property, where such e'lentwould not normally
be allowed based on zoning, certificate of use or business license a temporary use on
public or private property that would not be permitted qenerally or without restriction
throuqhout a particular zoninq district. but would be permitted if controlled with special
review in accordance with this section. without a special events permit.
. Application deadline - Applicants wishing to hold a special event must submit a
completed special event application, including but not limited to an application form, site
plan, fees, deposits, insurance and indemnification, as required by the special events
requirements and guidelines, no less than W 60 days in advance for beach events and
60 days in advance for non-beach events.
. Planning Board review threshold- Special Event Applications are subject to review by,
and applicants are required to present their plans to, the neighborhood association(s)
corresponding to the geographic area where the event is proposed. In the case of
events that expect 4,QOO 200 or more attendees and where there is no legally
constituted/recognized association, or in the discretion of the city commission. the
manaqer or manaqer's desiqnee. the matter will be referred for review and
July 27, 2005
City Commission Meeting
Special Event Ordinance Amendment
Page 4 of 4
recommendation to the city Planning Board.
. Permits - Permits shall be posted in a conspicuous location m3int::linod at the site on
which the special event occurs.
. Fines - Persons engaged in a special event without a permit, or otherwise in violation of
a permit, this section or the special events requirements and guidelines provided for
herein, shall be subject to enforcement by city police or code compliance officers,
through the issuance of immediate cease and desist orders, the violation of which may
subject the offender to the followinq immediate fines: for the first offense a fine of one
thousand dollars ($1.000); for second offense a fine of three thousand dollars ($3,000).
and for the third offense and subsequent offenses a fine of five thousand dollars
($5.000) or arrest, and/or enforcement as provided for in section 1-14 of this code,
and/or notices of violation referred to special masters, who have authority to issue fines
or enforce compliance, as provided for in chapter 30 of this code.
JMGITH/mas
T:\AGENDA\2005\JuI2705\Regular\Special Event Ordinance Amendment_July 27 Commission Memo,doc
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY given that public hearings will be held by the Mayor and
City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida, on Wednesday~ July 27, 2005, to consider the following:
10:15 A.M.
An Ordinance Amending Chapter 12, Article II Of The Code Of The City Of
Miami Beach, By Amending Section 12-5, "Special Events. Permits," . By
Renumbering Such Section, And Clarifying And Amending The Definition,.
Procedures And Standards Applicable To Special Events.
Inquiries may be directed to the Tourism and Cultural Development Department
at (305) 673-7577.
INTERESTED PARTIES are invited to appear at this meeting, or be
represented by an agent, or to express their views in writing addressed to the
City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor,
City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available,
for public inspection during normal business hours in the City Clerk's Office, .
1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139.
This meeting may be continued and under such circumstances additional. legal
notice would not be provided.
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Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: .
if a person decides to appeal any decision made by the City Commission with-
respect to any matter considered at its meeting or its hearing, such person must
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 City for the introduction or admission ,
of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals, not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, .
information on access for persons with disabilities, and/or any accommodation
to review any document or participate in any city-sponsored proceeding, please ..
contact (305) 604-2489 (voice), (305) 673-7218 (TTY) five days in advance to-
initiate your request. TTY users may also call 711 (Florida Relay Service). .
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