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Facilities" which reads as follows, is hereby repealed in its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
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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
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
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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
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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
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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
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(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.
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