92-2795 Ordinance
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"1 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 REMOVAL1
PROVIDING PROCEDURES FOR APPEl'.LS REJ,ATING TO
THE REQUIRED DEPOSIT AMOUNT AND PERMIT
DENIALS 1 EXEMPTING CITY FRANCHISEES AND
PERMITTEES, NEWSkACKS, 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 pulllic
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__h
REPEAL OF SECTION 39-9.
That section 39-9 of Article I, entitled "In Genera]" of Miami
Beach city Code Chapter 39, entitled "streets, SidewalkS and PubJic
Facilities" which reads as follows, is hereby repealed in i.ts
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
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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
110 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
t.he 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 1n the
evening and shall be kept burning until daylight.
!?F.:q'r.!Q!L.~ NEW SECTION 39-9 CREATED.
'}'tlat 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 followinq words shall have the following
m~anil1gs as used in this section:
JtJ_Riqht-of-wav. Land in which the state. the Florida
I H~lli!Tt !!!~nL.Q f.--Tra!!~'portation. Dade County or the ciJ::y__.ofM i ~!!li
I!.sach ._.lli~nfL.tne fee or has an easement devoted to or required for
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!!~e as_..c~_tra!!sportation facility or street.
_{~ L ~l!!ewalk. Ttlgto__J2Q!:tJOILOf the Right-of-way..1QQgt-gg
h~twee!} ih~~qrb line on thg_late.ral :Une of a street..__and_tl1e
~Qjacen!: property line and which is intended for usehY
ped.estrians.
(3) street. That portion of the Right-of-way improve~
designed or ordinarily used for vehicular traffic.
l~) permjt required. No person or entity shall obstruct or
Ca!lse._to be obstructed any street or Sidewalk in this city__pr
_t!l1Pede__th~eneral movement of vehicular or pedestrian traffic
Ul.greon witho!-lt first obtaining a permit from the city's Public
Works Department as provided herein.
jQ) Permit requirements. Permits for temporary obstruction. of
th(?-Illit~l ic Right-of-way shall be issued wi thin ten (10) days of the
IjJ inq_. of a completed application and upon completion of tohe
fQ}lowinq requirements:
11) the applicant shall execute a form approved by~l1e
~i.ty.~ttorney-'_agreeing to indemnify. defend. save and hold harmless
tl}e ci.ty. its officers and employees from apy and all claims.
l!?!bilj ty. lawsui t~damages and causes of action which may arjse
o~t~i_. this permit. or the permittee's activity on the demised
Q..remis~~~
12.L.the permittee agrees to meet and maintain for thg
g!!!:ire.period. at its own expense. the followinq:
.9..-,,- Commercial qeneral liabil i tv insurance in the amount
Qf~.9~OOO per occurrence for bodily injury and propertLdaIDaqe
t9LfiJmi...n9-and construction activities and $1.000.000 for SpeGial
~y:_ents located on city Property. The city must be named as~n
~gdit19nal insured on this policy and an endorsement must be is::!~led
5:!p-I@r~: of the pol icy reflectinq this requirement.
h Worke~s' compensation and employers liability_ as
rgqui r_~~cL.l2:L the state of Florida.
~ll policies must be issued bv companies authorized to do
!J!!~JI!~~;~~_in__ the state of Flori da and rated B+: VI or J!Qttgr.r>gr:
!lest' E.MY_Batinq Guide. latest edition. The city must recei ve
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thirtY.___L2Q1_days written notic~rior to any cancellation. nQn-
renewal or material change in the coveraqe provided.
The permittee mus~ provide and have approved by the citv's
Ri~k M!!!!.<!ger an original certificate of insurance as evidence that
thg~Q9ve requirements have been met prior to commencing the
~QPosed activity.
T.lle city's Risk Manager shall be authorized to lower the
?J:r!.Qunt.___of general liabilitv insurance required upon a showing.1;!y
tl1~ ap.I1licant 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
Pqplic ~orks Director in the estimated amount needed to pay for any
gl.!m~__.to public property and costs for qarbaqe. trash and debris
X'(~n1Qv9.1_"!Jhigh...m~Q~ngceE.sa!:Y.-f!s a.-I:esult of the aQ.Q.l icaIlt 'E._!lSe
QLth~..Right-=9f-waY-.for the proposed activity: the amount of ttle
requir~d deposit shall be determined bv the Public Works Director.
Th~ dgposit shall only be used by the city in the event that the
~plic~nt fails to repair any damaqe and/or remove qarbaqe. trash
gIld dgl:Jris resultinq from the permitted activity. Any unused
pQrtioD thereof shall be promptly returned to the applicant.
2L-A base fee of thirty dollars ($30.00) together with an
f!!}1ount.equal to twenty-five cents ($.25) per day per linear foot of
street.obstructed shall accompany each application. Additionally
5:!!!Y..--Q.9st for obstructinq of metered parkinq spaces will be
determined as a separate cost by the Metered Parkinq Director and
ffiqst b~_deposited with the city prior to issuance of a permit.
il_No permit shall be issued if the Public Works. police
flEd/or. Fire Departments determine that such activity would
gpnstitute a danqer to public health and/or safety.
.(Q.t 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
.t.tI~_~rmi t null and void.
.Lel. lHweal from the determination of required deposit ampt!nt
1~Y.-tl?-~ publ ic Works Director and appeals from the denial of a
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permit shal1 be to the citv Manaqer or his designee.
Alternatively. the City commission may. bv 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.
il.l Exemptions.
The requirements of this section shall not
applv to Parades as defined in
section 39-7 of this code.
newsracks. sidewalk cafes. telephones and anv other person or
entity obstructing the public right-of-way pursuant to a citv
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
September
, 1992.
/
ATTEST:
~~~AS~-
CITY CLERK
1st reading 9/2/92
2nd reading 9/16/92
SUS:scf:\a\disk2\bond4dam.ord
(4)
FORr.1l APPROVED
l L DEPT.
By 5~?I: 5~
Date 9- 2. f' - 9'~
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CITY HALL 1700 CONVENTiON CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MI.4MI BEACH
TELEPHONE: (305) 673-7010
OFFICE OF THE CITY MANAGER FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 5D L12..- R~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
Sept. 16, 1992
FROM:
Roger M. eaLf.-1 J I b1) . A
City Mana~1.JJ-t:::;.....
SUBJECT:
APPROVAL OF AN ORDINANCE OF 1HE CITY OF MIAMI BEACH,
FLORIDA, AMENDING 1HE MIAMI BEACH CODE, CHAYfER 39,
EN1TI1.ED "STREETS, SIDEWALKS AND PUBUC FACILITIES",
REPEALING SECTION 39-9, ENTITLED "OBSfRUCflNG STREETS,
ETC., wrrn MATERIALS USED IN PIPELINE, ETC., REPAIRS;
WARNING UGlITS," AND CREATING A NEW SECTION 39-9,
ENTITLED "TEMPORAR Y OBSTRUCTIONS OF PUBLIC
RIGHT-OF-WAY - PERMIT REQUIRED."
ADMINIS1RATION 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 vei~/ limited.
RMC/RAG/b
cm-resol\ cm..obllr.ua
16
AGENDA
ITEM
R -~-l~
9-IL-92
DATE