98-3138 ORD
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 HOSES 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.
WHBaEAS, 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 -L.
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.
per.mit 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
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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 ~l,OOO,OOO f0r Special
B7entB 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 I 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
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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
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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 appeal s shall be
conducted pursuant to the procedures set forth in section 102-385.
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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, spacial evants, telephones and any other person
obstructing the public right-of-way pursuant to a city permit or
franchise.
SECTION 2. CODIFICATION.
It 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.
SECTIONL
REPl!:ALER.
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
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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:
fJ1lt
MAYOR
')
I,' } J 1 ~/
{- :,i I jAA.) i vcA II\. ) /\
CITY CLERK
RLR:Yo
f:\info\$all\rebr\film9B\obatruct,ord
Ordinance No. 98-3138
1st reading 9/9/98
2nd reading 10/7/98
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~
. Attorney
~
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.
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
jp:\\ci, miami-beach, fl, us
COMMISSION MEMORANDUM NO.
). {~' QQ
<L::' '0-10
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: October 7,1998
FROM:
Sergio Rodriguez
City Manager
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 FilmlEntertainment industry!n
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 R 5 F\
DATE~
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.
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