Loading...
Ordinance 98-3138 ORDINANCE NO. 98-3138 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING ARTICLE IV ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY", AMENDING DIVISION 2 ENTITLED "TEMPORARY OBSTRUCTIONS", AMENDING SECTION 82-151 ENTITLED "PERMIT REQUIRED", BY DELETING PUBLIC WORKS INSURANCE REQUIREMENTS FOR FILMING AND SPECIAL EVENTS, AND BY AMENDING EXEMPTIONS TO INCLUDE FILMING AND SPECIAL EVENTS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on September 26, 1992, the Mayor and City Commission adopted Ordinance No. 92-2795 (the Ordinance) , amending former Miami Beach City Code Chapter 39, entitled "Streets, Sidewalks and Public Facilities, " to regulate and impose fees for the use of public right-of-ways for filming, construction, special events and other 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, enforcement of the Ordinance has never been applied to filming and only recently to special events; and WHEREAS, enforcement of the Ordinance negatively impacts filming and special event activities by creating a more expensive, 1 complicated and duplicative permitting process; and WHEREAS, existing filming and special event permitting guidelines already require applicants wishing to obstruct right-of- ways to provide the City with insurance as required by the Ordinance; and WHEREAS, existing filming and special event permitting guidelines already require applicants wishing to obstruct right-of ways to pay costs for obstructing metered parking spaces, obtain a street closure permit approved by both the City Manager and Chief of Police, hire off-duty safety personnel and notify associations, businesses and residents to insure their safety and welfare; and WHEREAS, the amendments set forth herein are necessary to insure the continued growth of filming and special events within the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 82-151 of Division 2 entitled "Temporary Obstructions" of Article IV entitled "Uses in Public Rights-of- Way, " is hereby amended as follows : Sec. 82-151. Permit required. (a) Definitions. The following words, terms and phrases, when 2 used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Right-of-way means land in which the state, the state department of transportation, the county or the city owns the fee or has an easement devoted to or required for use as a transportation facility or street . Sidewalk means that portion of the right-of-way located between the curbline on the lateral line of a street and the adjacent property line and which is intended for use by pedestrians . Street means that portion of the right-of-way improved, designed or ordinarily used for vehicular and/or pedestrian 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 in this section. (c) Permit requirements. Permits for temporary obstruction of the public right-of-way shall be issued within ten days of the 3 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 . 00 per occurrence for bodily injury and property damage for filming and construction activities and $1, 000, 000 for Special Bvents 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. All policies must be issued by companies authorized to do business in the state of Florida and rated B+ :VI or 4 better per Best' s Key Rating Guide, latest edition. The city must receive 30 days ' written notice prior to any cancellation, nonrenewal or material change in the coverage provided. The permittee must 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. (3) 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 which may be necessary as 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 be used by the city only if the applicant fails to repair any damage and/or remove garbage, trash 5 and debris resulting from the permitted activity. Any unused portion thereof shall be promptly returned to the applicant . (4) A fee as specified in appendix A 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 . (5) 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. (d) Permit conditions. 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. (e) Appeal . Appeal from the determination of required deposit amount by the public works director and appeals from the denial of a 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 102-385 . 6 Applications for hearings must be accompanied by a fee as specified in appendix A, 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 106-346, filming, newsracks, sidewalk cafes, special, events, telephones and any other person obstructing the public right-of-way pursuant to a city permit or franchise . SECTION 2- CODIFICATION- It ODIFICATIONIt is the intention of the Mayor and City Commission of the City of Miami Beach, and its is hereby obtained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section" , "article" , or other appropriate word. SECTION 3 ... REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTIONA._ SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by 7 • such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 17th day of October 1998 . PASSED and ADOPTED this 7th day of October , 1998. ATTEST: MAYOR -f)t/04.14 CITY CLERK RLR:yo f:\info\$all\rebr\film96\obstruct.ord Ordinance No. 98-3138 1st reading 9/9/98 2nd reading 10/7/98 APPROVED AS TO FORM& LANGUAGE & FOR EXECUTION iti(91/ i Attorney Date 8 A RESOLUTION OF THE FASHION, FILM, TELEVISION AND RECORDING COMMITTEE RECOMMENDING THAT THE MAYOR AND CITY COMMISSION AMEND MIAMI BEACH CITY CODE SECTION 39-9, ENTITLED "TEMPORARY OBSTRUCTIONS OF PUBLIC RIGHT-OF-WAY - PERMIT REQUIRED, " ELIMINATING THE REQUIREMENT OF A PERMIT FOR FILMING AND SPECIAL EVENTS. WHEREAS, enforcement of the existing ordinance has never been applied to filming and only recently to special events; and WHEREAS, enforcement of the existing ordinance negatively impacts filming and special event activities by creating a more expensive, cumbersome and duplicative permitting process; and WHEREAS, existing filming and special event permitting guidelines already require applicants wishing to obstruct right-of-ways to provide the City with insurance as required by the existing ordinance; and WHEREAS, existing filming and special event permitting guidelines already require applicants wishing to obstruct right-of ways to pay costs for obstructing metered parking spaces, obtain a street closure permit approved by both the City Manager and Chief of Police, hire off-duty safety personnel and notify associations, businesses and residents to insure their safety and welfare; and WHEREAS, the amendments set forth herein are necessary to insure the continued growth of filming and special events within the City of Miami Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI BEACH FASHION, FILM, TELEVISION AND RECORDING COMMITTEE that the Committee would herein recommend that the Mayor and City Commission amend Miami Beach City Code Section 39-9, eliminating the requirement of a permit for filming and special events . The foregoing Resolution was passed unanimously at the June 2 , 1998 public meeting of the Miami Beach Fashion, Film, Television and Recording Committee . aren Davis, Chairperson • 3ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 tp:\\ci.m iami-beach.fl.us COMMISSION MEMORANDUM NO. 4;78 I8 TO: Mayor Nelsen O. Kasdin and DATE: October 7, 1998 Members of the City CI si mission FROM: Sergio Rodriguez fg, City Manager / 'if SUBJECT: ADOPTIO OF AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING ARTICLE IV ENTITLED "USES IN PUBLIC RIGHTS-OF-WAY",AMENDING DIVISION 2 ENTITLED "TEMPORARY OBSTRUCTIONS, AMENDING SECTION 82-151 ENTITLED "PERMIT REQUIRED", BY DELETING PUBLIC WORKS INSURANCE REQUIREMENTS FOR FILMING AND SPECIAL EVENTS, AND BY AMENDING EXEMPTIONS TO INCLUDE FILMING AND SPECIAL EVENTS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND This Ordinance was approved on first reading, September 9, 1998. In an effort to support the Film/Entertainment industry and recognize its importance,City policy has been to assist the industry by waiving all fees related to right-of-way permits. However, as the City Code reads now,a Public Works permit and fee are required of the Film/Entertainment industry in addition to the Special Event permit fee. This results in double permitting and unnecessarily complicates the process of obtaining a permit. As proposed, insurance and indemnification requirements will continue to be addressed as part of the permitting process for both Film and Special Events. These documents will now be forwarded to Public Works as part of the notification process. Public Works will be notified in advance of all Film and Special Events thus allowing Public Works to inspect locations before and after activities take place to protect public property from damage or misuse. AGENDA ITEM 1 6 Pr DATE lo- - ( S ANALYSIS The current ordinance allows for a secondary permit to be issued by the Public Works Department, but streamlines the process for the applicant. Enforcement of this ordinance without the proposed amendment negatively impacts filming and special event activities by creating a more expensive, complicated and duplicative permitting process. CONCLUSION Adopting the Ordinance amending the Code of the City of Miami Beach will eliminate the requirement for a Public Works Right -of-Way permit for Film and Special Events. SR:RS: �4:rlr I . , 2 . � a q§ § = § - - m .§ .§ as -0 KU v k m § df rn t, cn A° \ § ©H m_ A , Acm1 § ° • -5 §7' 0 - O § W -S •o2g 2 '/ W . § _ b cv )cu § 2 as/ . S % a2 ' ' E & u § § x d - « c © m .§ % o -mm § o m ) .2 n i J J 2 m 2 f .> q c) : § / ; .E § q t J al d J o w J U W ^ 1