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Ordinance 92-2795 ORDINANCE NO. 92-2795 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 39, ENTITLED "STREETS, SIDEWALKS AND PUBLIC FACILITIES"; REPEALING SECTION 39-9, ENTITLED "OBSTRUCTING STREETS, ETC. , WITH MATERIALS USED IN PIPELINE, ETC. , REPAIRS; WARNING LIGHTS," AND CREATING A NEW SECTION 39-9, ENTITLED "TEMPORARY OBSTRUCTIONS OF PUBLIC RIGHT-OF-WAY - PERMIT REQUIRED," REQUIRING A PERMIT FOR FILMING, CONSTRUCTION, SPECIAL EVENTS AND OTHER ACTIVITIES WHICH TEMPORARILY OBSTRUCT THE PUBLIC RIGHT-OF-WAY, REQUIRING LIABILITY INSURANCE AND A CASH DEPOSIT AS SECURITY FOR CITY EXPENSES DUE TO DAMAGE TO PUBLIC PROPERTY AND TRASH REMOVAL; PROVIDING PROCEDURES FOR APPE7.LS RELATING TO THE REQUIRED DEPOSIT AMOUNT AND PERMIT DENIALS; EXEMPTING CITY FRANCHISEES AND PERMITTEES, NEWSRACKS, SIDEWALK CAFES AND TELEPHONES; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the unregulated obstruction of Sidewalks and Streets pose a potential hazard and inconvenience to pedestrians and motorists within the City of Miami Beach; and WHEREAS, it is necessary to impose fees for the use of public right-of-ways for film production, construction, special events, and other such activities in order to defray costs of regulation and to require insurance and security deposits to protect the public and provide for adequate maintenance of the right-of-ways so used; and WHEREAS, the regulations set forth herein are necessary to the safety and welfare of the residents of the City of Miami Beach. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. REPEAL OF SECTION 39-9. That Section 39-9 of Article I, entitled "In General" of Miami Beach City Code Chapter 39, entitled "Streets, Sidewalks and Public Facilities" which reads as follows, is hereby repealed in its entirety: Sec. 39 .9 Obstructing streets, etc. , with materials used in pipeline, etc. , repairs; warning lights. The provisions of the preceding section shall not be construed to mean that persons actually building or about 1 to build or repair any sewer line, water or gas mains or piping may not collect and lay all such materials as may be necessary for such purposes adjoining the place where such building or repairing is to be done or in front of such building. Such persons shall have the privilege in such cases of using one-third of the width of the street adjoining the front of such building or repairs, but in no event shall any person obstruct the sidewalk in front of or along the site of the place where such improvement is being made or where such building is in such process of repair or construction except with written consent of the city engineer. If such obstruction is permitted by the city engineer then the owner or proprietor of such material or his agent shall cause a lamp or lantern with a good and sufficient light therein to be securely hung up, placed or fixed on a post or otherwise at each end of the pile of material which may be lying in any street, sidewalk, alley or highway and obstructing the same. Such lamp or lantern shall be placed in such a manner as to clearly and plainly show the place and extent of the occupancy of such material and shall be lighted by the owner, proprietor or employees at or before dark in the evening and shall be kept burning until daylight. SECTION 2 . NEW SECTION 39-9 CREATED. That a new Section 39-9, is hereby created and added to Article I , entitled "In General" of Miami Beach City Code Chapter 39 , entitled "Streets, Sidewalks and Public Facilities" to read as follows: Sec. 39 .9 Temporary obstruction of public right-of-way - permit required. (a) Definitions. The following words shall have the following meanings as used in this section: 11), Right-of-way. Land in which the state, the Florida UFlpa:rt;ment of Transportation, Dade County or the City_ of Miami reach owns the fee or has an easement devoted to or required for 2 t use as a transportation facility or Street. 121_ Sidewalk. That portion of the Right-of-way located between the curb line on the lateral line of a Street and the adjacent property line and which is intended for use by pedestrians. (3) Street. That portion of the Right-of-way improved, designed or ordinarily used for vehicular traffic. (b) Permit required. No person or entity shall obstruct or cause to be obstructed any Street or Sidewalk in this City or impede _ the general movement of vehicular or pedestrian traffic thereon without first obtaining a permit from the City' s Public Works Department as provided herein. (a) Permit requirements. Permits for temporary obstruction of the public Right-of-way shall be issued within ten 110) days of the filing_ of a completed application and upon completion of the following requirements: (1) the applicant shall execute a form approved by the City Attorney agreeing to indemnify, defend, save and hold harmless the City, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of this permit, or the permittee's activity on the demised premises. (2) the permittee agrees to meet and maintain for the entire period, at its own expense, the following: a. Commercial general liability insurance in the amount of $500, 000 per occurrence for bodily injury and property damage for filming and construction activities and $1, 000, 000 for Special Events located on City Property. The City must be named as an additional insured on this policy and an endorsement must be issued as part of the policy reflecting this requirement. b. Workers ' compensation and employers liability as required by the State of Florida. All policies must be issued by companies authorized to do business in_ the State of Florida and rated B+:VI or better per Best' s Key Rating Guide, latest edition. The City must receive 3 • thirty (30) days written notice prior to any cancellation, non- renewal or material change in the coverage provided. The permittee muse provide and have approved by the City's Risk Manager an original certificate of insurance as evidence that the above requirements have been met prior to commencing the proposed activity. The City' s Risk Manager shall be authorized to lower the amount of general liability insurance required upon a showing by the applicant that the amount set forth above is excessive under the circumstances for a particular activity. 2) The applicant shall post a cash deposit with the Public Works Director in the estimated amount needed to pay for any damage to public property and costs for garbage, trash and debris removal whish may be necessary kas a result of the applicant's use of.= the_ Right-of-way for the proposed activity; the amount of the required deposit shall be determined by the Public Works Director. The deposit shall only be used by the City in the event that the applicant fails to repair any damage and/or remove garbage, trash and debris resulting from the permitted activity. Any unused portion thereof shall be promptly returned to the applicant. 3) A base fee of thirty dollars ($30. 00) together with an amount equal to twenty-five cents ($. 25) per day per linear foot of Street obstructed shall accompany each application. Additionally any cost for obstructing of metered parking spaces will be determined as a separate cost by the Metered Parking Director and must be deposited with the City prior to issuance of a permit. 4j No permit shall be issued if the Public Works, Police and/or Fire Departments determine that such activity would constitute a danger to public health and/or safety. Id) Permits issued pursuant to this Section shall set forth any conditions necessary for the protection of property and public safety. Willful violation of the permit conditions shall render the permit null and void. le) Appeal from the determination of required deposit amount by the Public Works Director and appeals from the denial of a 4 • permit shall be to the City Manager or his designee. Alternatively, the City Commission may, by resolution, appoint a Special Master to hear such appeals. The appeals shall be conducted pursuant to the procedures set forth in Section 20-44 of this Code. Applications for hearings must be accompanied by a $75. 00 fee which will be refunded if the applicant prevails in the appeal . (f) Exemptions. The requirements of this Section shall not apply to Parades as defined in Section 39-7 of this code, newsracks, sidewalk cafes, telephones and any other person or entity obstructing the public right-of-way pursuant to a City permit or franchise. SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 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 on the 26th day of September , 1992 . PASSED and ADOPTED this 16th day of September , 1992. ATTEST: All 1) MA R CITY CLERK 1st reading 9/2/92 2nd reading 9/16/92 SWS:scf:\a\disk2\bond4dam.ord (4) FOP" 4PPROVED ( L DEPT, 5 By 5 Date 8— 2 a CITY OF MIAMI BEACH er:;1 C;Tv HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33'39 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5L -(32— TO: Mayor Seymour Gelber and DATE: Sept. 16, 1992 Members of the City Commission FROM: Roger M. Ch City Managed SUBJECT: APPROVAL OF AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CODE, CHAPTER 39, ENTITLED "STREETS, SIDEWALKS AND PUBLIC FACILITIES", REPEALING SECTION 39-9, ENTITLED "OBSTRUCTING STREETS, ETC., WITH MATERIALS USED IN PIPELINE, ETC., REPAIRS; WARNING LIGHTS," AND CREATING A NEW SECTION 39-9, ENTITLED "TEMPORARY OBSTRUCTIONS OF PUBLIC RIGHT-OF-WAY - PERMIT REQUIRED." ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission approve an ordinance amending Chapter 39 of the Miami Beach Code entitled "Streets, Sidewalks and Public Facilities" by repealing Section 39-9, entitled "Obstructing Streets, etc., With Materials Used in Pipeline, etc., Repairs; Warning Lights," and Creating a New Section 39-9, Entitled 'Temporary Obstructions of Public Right-of-Way - Permit Required." BACKGROUND: The City of Miami Beach currently issues some 1800 permits per year for various entities to occupy and/or block City right-of-way and public properties. The issuance of these permits requires staff time to not only write the results but also to inspect the areas before and after the use is completed. ANALYSIS: In an effort to recoup the administrative costs for issuing 1800 permits per year, a fee of $30.00 per permit is in line with what the City of Miami charges for the same usages. This fee will generate approximately $54,000 per year to the General Fund. During the September 2, 1992 first reading public hearing regarding this ordinance, the question was raised as to the impact of this ordinance on the film and fashion industry. The answer to the question is that there will be no inpact unless a street is blocked or personnel is required for diverting traffic or other purposes. Should this be the case then the industry already pays for the personnel costs and the fee would be $30.00 per event. The number of permits due to street blockage by this industry is ver-' limited. RMC/RAG/b cm-resol`,cm-obsc r.uct LI AGENDA I TEM 1 1 - DATE 9 -92 'O U) W 01 --I r--1 Cr) Cd taU 4.4 c) •r•1 G •r1 • >a •r-I TS •H 4J N r-I v N G p • 1J �, r-1 +J ?-+ v • ro •�r1Z 043 • �1 ..0 +.1aN u 0-••• .O rc� G .0 I •r-I �.I 0 W 4-J ) rnrH • O.) c0 •r-1 I+ cc'1 .3 "d J .• 3 •r.l co, 0 (1) .t C.) .. ., P4 3 .� CO• M U Fc; 0 O O" .) ;J 3 co, 4...1 N •41 C: 't7 OA •W N U) N )'7 ')-4r., .• U aO 4J • I C) ,-G C!) •r1 U) AJ G ••-1 •1--1 C7 21 C) r--I +J W •r1 1J E R'. :I, CO U) CO Q) u a) o i-i W 4-1 P. S-i bA CLI P p. •ri CU P C/) •r-1 c) U) I 7 E H 1-1 ..o CC/ 1J ••• bA 4) "0 0 7, z . U) H •a' O D,3 bATJ •r-II c)a - a 1J 0 .. o 0 •ri r-1 •H ,la H U) 0 I H •r-I •rl CO 't ..0 I~ .C, CU 4.J C) ,.0 O) b0 4) bA E, 0 c7 U o) •H ti •r-I v, ci) f� r �J r7 = 44 1