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Ordinance 1918ORDINANCE NO. 1918 AN ORDINANCE AMENDING SECTION 39.7, OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA", PROVIDING FOR THE ISSUANCE OF PERMITS FOR PARADES AND REGULATING THE SAME AND MAKING THE SAME AN EMERGENCY ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. II That Section 39.7 of "The Code of the City of Miami Beach, Florida" be and the same is hereby amended to read as follows: Section 39.7 Parades. (a) Definitions A "parade" is any march or procession consisting of persons, animals, vehicles, or any combination thereof, traveling upon any public way, within the territorial jurisdiction of the City. (b) Permit Required No person shall conduct, or manage any parade without first having obtained a written parade permit from the Chief of Police, except that no permit shall be required for: 1. Funeral processions; and 2. Parades sponsored either by the federal or municipal governments, or agencies thereof. (c) Application for Permit Any person seeking issuance of a parade permit shall file an application with the Chief of Police on forms approved by him. 1. Filing period: An application for a parade permit shall be filed with the Chief of Police not less than fifteen (15) days nor more than ninety (90) days before the date on which it is proposed to conduct the parade; except that upon a showing of good cause, the Chief of Police may, in his discretion, consider an application filed less than fifteen (15) days before the date on which it is proposed to conduct the parade. 2. Contents: The application for a parade permit shall set forth the following information: i) The name and permanent address of the sponsoring organization, if any, and its chief officers, and the name, address, and telephone number of the applicant and that person or persons who are chiefly responsible for the conduct of the parade. - 1 - ii) The date when the parade is to be conducted, the approximate times when the parade is to begin and end, and the approximate times when assembly for, and disbanding of, the parade are to take place. iii) The assembly area, the specific proposed route, and the disbanding area, for the parade. iv) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, a description of the types of vehicles to be used, and the number of bands, other musical units, and sound trucks to be used. v) The number of persons who will be designated to monitor the parade. vi) A statement that the applicant has read and is familiar with the provisions of this ordinance. vii) Any additional information of a like nature which the Chief of Police shall find reasonably necessary in order to make a fair determination as to whether or not a permit shall be issued. (d) Standards for Issuance of permits The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: 1. The conduct of the parade will not substantially interrupt the safe and orderly movement of other vehicular and pedestrian traffic contiguous to its route. 2. The conduct of the parade will not divert such a large number of police officers from their normal police duties so that the city would thereby be deprived of reasonable police protection. 3. The concentration of persons, animals, and vehi- cles in the assembly and disbanding areas and along the parade route will not substantially interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets. 4. The parade is scheduled to move from its assembly location to its disbanding location expeditiously and without unreasonable delays enroute. 5. The parade will not substantially interfere with any other parade for which a permit has already been granted. 6. The applicant has provided for the services of that number of parade monitors which are considered reasonably necessary by the Chief of Police to assure that the parade will be conducted in conformity with the parade permit. 7. The applicant has not materially misrepresented any facts or information set forth in his application for a parade permit. - 2 - 8. The applicant has furnished proof that, if the assembly or disbanding locations or the route of march for the parade, encroach upon, occupy, or traverse any area within the jurisdiction of the federal or other local governments, permits or permission therefor have been obtained from the appropriate authorities. 9. The parade is not to be held for the sole purpose of advertising for private gain, any product, wares, mer- chandise, contest, or event. (e) Notice of Rejection The Chief of Police shall act upon the application for a parade permit within five (5) days after its filing. In the event the application is rejected, the applicant shall be served with a copy of the notice of rejection within ten (10) days after the filing of the application, and the reasons therefor shall be set forth specifically in writing. A copy of the notice of rejection of the application shall be personally served upon the applicant or shall be sent to him by registered mail. (f) Alternate Permit The Chief of Police, in rejecting the application for a parade permit, may authorize an alternate permit pro- viding for the conduct of the parade on a date, at a time, or over a route different from that specified in the application. Should an applicant wish to accept such alternate permit, he shall file a written acceptance thereof within five (5) days after service of the rejection of the application by the Chief of Police. An alternate parade permit shall conform to the requirements, and shall have the effect, of a parade permit under this regulation. (g) Appeal Procedure Any applicant aggrieved by the decision of the Chief of Police may appeal to the City Manager. Such appeal shall be filed within five (5) days after service of the decision of the Chief of Police rejecting or modifying the application for a parade permit. The City Manager shall make a final determination in the appeal within ten (10) days after the appeal is filed. (h) Contents of the permit Such parade permit shall contain the following information: i) The assembly area and time for assembling. ii) The starting time. iii) The minimum and maximum speeds. iv) The specific route plan of the parade. v) The maximum distance to be maintained between separate units of the parade, if any. vi) The maximum length of the parade in miles or fractions thereof. vii) The number of persons required to monitor the parade. 3 (1) (j ) viii) The number and type of animals and vehicles, if any. ix) The portion of the street, sidewalk, or other public way that is to be occupied by the parade. x) A description of the type of material to be used in, and the maximum size of, any sign, banner, placard, and handle or carrying device therefor. xi) The disbanding area and the time for disbanding. xii) Such other information as the Chief of Police shall find reasonably necessary in the enforcement of this regulation. xiii) It shall be unlawful for any organization, association or corporation to conduct or effectuate any organized public parade or any organized public march upon the public streets of the city, unless such organization, association or corporation shall have provided, or caused to be present at an advertised specific location along the line of such parade or march, adequate first aid units manned by competent personnel and available for emergency use by the persons participating in such parade or march or by the public attending and viewing such parade or march. Revocation of Permit The Chief of Police shall have the authority to re- voke a parade permit issued hereunder if he finds that the parade is being conducted in violation of the standards for issuance, as set forth in section (d) herein. Penalty Any person who shall conduct, manage or participate in any parade without first having obtained a parade permit, subject to the exceptions contained in section (b) herein, or who willfully violates any of the terms or conditions of the parade permit, shall, upon conviction therefor, be punished by a fine of not more than $1,000 or imprisonment for not more than ninety (90) days, or both." SECTION 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. That this ordinance is adopted as an emergency measure under the provisions of Section 9 of the Charter and shall be effective immediately. PASSED and ADOPTED this 7th day of June, 1972. ATTEST: City Clerk -Finance Officer 1st reading - June 7, 1972 2nd reading - June 7, 1972 POSTED - June 8, 1972 4 Vice- Mayor STATE OF FLORIDA COUNTY OF DADE: I, RUTH B. ROULEAU, City Clerk and Finance Director in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1918 entitled: AN ORDINANCE AMENDING SECTION 39.7, OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA", PROVIDING FOR THE ISSUANCE OF PERMITS FOR PARADES AND REGULATING THE SAME AND MAKING THE SAME AN EMERGENCY MEASURE. having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 8th day of June, 1972 and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 19th day of July, 1972. e7 "YgE, Je'„ City Clerk and Finance Director a) 0 U t OCrN 4 0 •fes Q O • — Z Z tT M C.7 W