Ordinance 95-3015 ORDINANCE NO. 95-3015
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA CREATING A
NEW MIAMI BEACH CITY CODE CHAPTER 38A,
ENTITLED "SPECIAL EVENTS" , ESTABLISHING
PROCEDURES AND REQUIREMENTS FOR THE GRANTING
OR DENIAL OF PERMITS FOR SPECIAL EVENTS ON
PUBLIC AND PRIVATE PROPERTY; REPEALING MIAMI
BEACH CITY CODE SECTION 39-7, ENTITLED
"PARADES" ; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has become the location of
choice for an ever-increasing number of activities and special
events on public and private property; and
WHEREAS, it is necessary to provide an orderly arrangement for
the use of public facilities and public resources; and
WHEREAS, it is necessary to protect the public health, safety
and welfare from potential problems associated with special events;
and
WHEREAS, it is necessary to ensure that activities and special
events do not adversely impact the quality of life of residents of
the City and the ability of businesses to carry on their normal
activities; and
WHEREAS, the provisions set forth herein provide appropriate
procedures for the granting and denial of special events permits .
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. CREATION OF CHAPTER 38A
That Miami Beach City Code Chapter 38A is hereby created to
read as follows :
CHAPTER 38A
SPECIAL EVENTS
Sec. 38A-1 . Definitions.
For purposes of this chapter, the following words and phrases
shall have the following meanings :
a) City Manager shall mean the City Manager of the City of
Miami Beach.
b) First Amendment Events shall mean special events which
consist solely of the exercise of rights protected by the First
Amendment to the United States Constitution.
c) Person shall mean any individual , public or private
association, or business entity.
d) Special Event shall mean an organized activity or event
which takes place on public or private property wherein the normal
usage of the property is temporarily altered, or wherein City
resources are affected. With regard to public property, it is
presumed that a gathering of twenty-five (25) persons or more
impacts City resources .
Sec. 38A-2 . Permit required; application procedures; requirements
and conditions.
a) Any person wishing to hold a Special Event on public or
private property shall first obtain a Special Event Permit from the
City Manager.
b) Application procedures, fees, requirements and conditions
for the granting of Special Event Permits shall be as set forth in
Resolution No. adopted by the Miami Beach City
Commission, as amended from time to time .
Sec. 38A-3 . Grounds for denial .
The City Manager may deny a request for a Special Events
Permit if :
a) The proposed Special Event conflicts in date, time or
place with a previously approved activity or Special Event or with
previously scheduled or necessary repair/construction work, or
b) The proposed Special Event would have a significantly
adverse impact upon the City or the surrounding neighborhood which
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cannot be eliminated or sufficiently mitigated by the imposition of
special conditions .
Sec. 38-4 . First Amendment Events .
The following shall also apply to requests for Special Events
Permits for the conduct of First Amendment Events :
al Prior to denying a Special Events Permit pursuant to
Section 38-3 (a) above, the City Manager shall offer the applicant
a reasonable alternate date, time, place or manner.
b) Fees and charges by the City as set forth in Resolution
No. in connection with a requested Special Event Permits
shall be waived for First Amendment Events .
SECTION 2 . REPEAL OF CITY CODE SECTION 39-7 .
That Miami Beach City Code Section 39-7, entitled "Parades" is
hereby repealed in its entirety.
SECTION 3 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
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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 7th day of
October , 1995 .
PASSED and ADOPTED this 27th day of September, 1995.
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CI Y CLERK
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FORM APPROVED
Legal Dept.
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OFFICE OF THE CITY ATTORNEY
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LAURENCE FEINGOLD y� A:, PO. BOXO
CITY ATTORNEY �R 26"� MIAMI BEACH,FLORIDA 33119-2032
TELEPHONE (305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. 4-, IS-9S
DATE: September 27 , 1995
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
FROM: MURRAY H. DUBBIN I
INTERIM CITY ATTORNEY
RE: ORDINANCE ESTABLISHING PROCEDURES AND REQUIREMENTS FOR
SPECIAL EVENTS
The City Attorney's Office has drafted the attached Ordinance
which provides procedures for the granting or denial of requests
for permits for the conduct of special events on public and private
property in the City of Miami Beach.
The Ordinance provides the following definition for "special
event" : "An organized activity or event which takes place on public
or private property wherein the normal usage of the property is
temporarily altered, or wherein City resources are affected. With
regard to public property, it is presumed that a gathering of
twenty-five (25) persons or more impacts City resources. " The
Ordinance requires that persons or entities wishing to hold a
special event on public or private property obtain a Special Event
Permit from the City Manager prior to holding the event.
The Ordinance provides that the City Manager may deny the
requested permit if a) the proposed event conflicts in date, time
or place with a previously approved activity or special event or
with necessary repair/construction work and/or b) would have a
significantly adverse impact upon the City or the surrounding
neighborhood which cannot be sufficiently mitigated by imposing
conditions on the conduct of the event.
AGENDA
ITEM
DATE f -D--1 -95
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
RE: ORDINANCE ESTABLISHING PROCEDURES AND REQUIREMENTS FOR SPECIAL
EVENTS
PAGE 2
The specific regulations for obtaining a Special Events Permit
appear in a document entitled "City of Miami Beach Special and
Cultural Events Requirements" which will be adopted by resolution
by the City Commission. The resolution is included in the July 26,
1995 Agenda Packet, and is referenced in the Ordinance. Having the
specific regulations in a resolution rather than in an ordinance
makes it easier to amend them when necessary.
The Ordinance provides special procedures pertaining to
Special Events consisting solely of the exercise of First Amendment
rights. Before denying a permit request for such an event, the City
Manager is required to offer the applicant a reasonable alternative
date, time, place or manner for conduct of the event. City fees and
charges are waived for such events.
The Ordinance also repeals Chapter 39 of the City Code which
provides regulations for parades, as parades will now be regulated
under the same regulations which apply to other special events.
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