Ordinance 2025-4705ORDINANCE NO.2025-4705
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA,AMENDING CHAPTER 12 OF
THE MIAMI BEACH CITY CODE,ENTITLED "ARTS,CULTURE AND
ENTERTAINMENT,"BY AMENDING ARTICLE II,ENTITLED
"SPECIAL EVENTS,"BY CREATING SECTION 12-5.2 THEREOF,
ENTITLED "SPECIAL EVENT PERMIT REQUIRED FOR LARGE
SCALE RESIDENTIAL PARTIES AND EVENTS";AND,PROVIDING
FOR REPEALER,SEVERA BILITY,CODIFICATION,AND AN
EFFECTIVE DATE.
WHEREAS,the City's special events guidelines define a special event as "a non-
recurring special occasion or activity which is temporary in nature and has extraordinary or
excessive impacts on public health,safety and welfare."See Special Event Guidelines,p.3,
attached as Exhibit A;and
WHEREAS,in recent years,large-scale house parties and other special events have
occurred during highly popular periods in the City's residential neighborhoods with so many
attendees and the use of institutional grade event equipment,to include large and powerful
commercial grade speakers,large commercial grade party and dancefloor lighting,large and
commercial grade generators,and/or commercial grade firework displays such that the party
or gathering cannot reasonably proceed without various violations of City Code and other
laws,impact public safety by clogging roadways such that emergency vehicles cannot
respond to emergencies in a timely fashion and by concentrating such a large number of
people in an area that,by its residential nature,does not allow for adequate and effective
public safety management of the crowds and the overflow from these crowds in the residential
neighborhoods of the City;and
WHEREAS,these large and institutional parties and gatherings during highly popular
periods are so negatively impactful to public safety,neighborhood traffic,other residents'
right to a decent quality of life,and/or the residential character of single-family neighborhoods
that "extraordinary or excessive impacts on public health,safety and welfare"are produced
such that the Mayor and City Commission determine that they should not be allowed to
proceed without the property owner first applying for and obtaining a special event permit that
may include limitations and requirements (if it is granted at all)that would protect the City and
residents'interest in maintaining public safety,neighborhood traffic,other residents'right to
a decent quality of life,and/or the residential character of single-family neighborhoods and
the surrounding neighborhoods;and
WHEREAS,the Mayor and City Commission direct the City Administration to amend
the City's special event guidelines to require a "Special Event Permit for Large Scale
Residential Parties and Events"(which shall be separate and distinct from any issued
pursuant to City Code Section 46-156)for large parties or gatherings involving institutional-
or-commercial-grade vendors,services,or equipment in residential neighborhoods during
highly popular periods,which shall be granted only if impacts to public safety,neighborhood
traffic,residents'quality of life,and the residential character of single-family neighborhoods
can be adequately ensured in advance of the event;and
WHEREAS,this "Special Event Permit for Large Scale Residential Parties and
Events"ordinance is based on a virtually identical pilot program effective and evaluated over
Art Basel Week 2024 and upheld as lawful by the United States District Court for the Southern
District of Florida in Hochstein v.City of Miami Beach,No.1:24-CV-24690-KMM,2024 WL
4966598 (S.D.Fla.Dec.3,2024).
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.Section 12-5.2 of Article 11,of Chapter 12 of the City Code,entitled "Special
Event Permit Required for Large Scale Residential Parties and Events During Enumerated
Periods"is hereby created as follows:
CHAPTER12
ARTS,CULTURE AND ENTERTAINMENT
***
ARTICLE II.SPECIAL EVENTS
***
Sec._12-5.2_Special Event Permit Required for Large Scale Residential Parties and
Events During Enumerated Periods.
[ill Created.A Special Event Permit system for large scale residential parties and events
during specified periods is hereby created in order to allow residents to entertain friends
and family at large parties and events in their homes while mitigating the negative
impacts to neighboring residents and neighborhoods .
(b)Parties and Events Requiring a Special Event Permit for Large Scale Residential Parties
and Events.
ill Qualifying Parties and Events.A Special Event Permit for Large Scale
Residential Parties and Events shall be required whenever a party or event is
held in or on the grounds of a residence during one of the enumerated periods
set forth in this section and:
A.Where fireworks will be involved;
B.More than 100 attendees may reasonably be expected to attend;
C.Where more than 50 vehicles are expected to pick up/drop off passengers
(or park)at the party or event;
D.Where institutional/commercial grade speakers,lighting,and/or generators
are to be utilized;or
E.Where institutional/commercial grade bars that are large enough to allow
m ore than one bartender to work behind each bar or the use of m ore than
three (3)single-bartender bars are to be utilized.
ill Enum erated Periods.A qualifying party or event shall require a Special Event
Permit for Large Scale Residential Parties and Events on the following dates:
A.Ma rch February_1-March 31 [Super Bow]Week and Spring Break];
B.May 15 -May 31 [Form ula 1 Race W eek and _M emorial Day];
C.June 25-July 15 [Independence Day];
D.October 15-November 1Q [Halloween];and
E.November 281 -December 31 [Latin Grammys,Art Basel,the Holidays,
NYE].
(3)Requirements A non-exhaustive list of requirements to obtain a Special Event
Permit for Large Scale Residential Parties and Events shall be:
A.Agreement by the property owner to the ability of City personnel to enter the
private property for compliance inspections prior to (accompanied by the
owner or agent with mutually agreeable scheduling)and during the party (at
any time);
B.Property owner must obtain all relevant permits from all relevant City
departments,such as,for example,obtain any required building permits
where required;
C.Property owner shall be required to comply with the special event guidelines
and provide required documents.which include Certificate of Insurance and
Indem nification;and
D.Any requirem ents or restrictions im posed by the city manager to protect the
health,_safety,_and w elfare of residents,_visitors,_and surrounding
neighborhoods'residents and visitors.
ill Tim efram e for Applications for a Special Event Permit fo r Large Scale
Residential Parties and Events.Applications fo r a Special Event Perm it fo r
Large Scale Residential Parties and Events required by this section shall be
subm itted no later than ninety (90)days before the party or event and shall be
subjected to review by all relevant City departm ents.review committees.and to
advisory review and com m ent by any applicable recognized neighborhood
association .
(5)Penalties.Any qualifying party or event requiring a Special Event Permit for
Large Scale Residential Parties and Events required by this section that
proceeds without the homeowner first obtaining a special event permit and
com plying with all of its terms,conditions,limitations,and requirements:
A.Shall cease and desist and end the party or gathering upon demand by the
City and a code compliance violation shall be issued under all applicable
provisions of the City Code,including,without limitation,this section.
B.If the owner,manager,director,or resident of the property does not comply
with the cease and desist demand,the Miami Beach Police Department may
arrest each owner,manager,director,or resident for,without limitation,
resisting arrest without violence or any other applicable charge,or for
violation of this section pursuant to Section 1-14 of this Code.
C.Additionally,no special event permit shall be granted for any event at any
property owned by the homeowner for a period of the next thirteen (13)
months if a party or event occurs without first obtaining and complying with
a Special Event Permit for Large Scale Residential Parties and Events,
where required,at any property.
D.Finally,the following fines shall be im posed if a party or event is announced
to invitees,pro m oted,or occurs without first obtaining and complying with a
Special Event Permit fo r Large Scale Residential Parties and Events,where
required,at any pro perty:
(i)$1,000.00 per day for a first violation;
(ii)$5,000.00 per day for a second or subsequent violation;and
(iii)$15,000.00 fo r any violation if the special magistrate finds the
violation to be irreparable or irreversible in nature.For purposes of
this subsection,a violation shall be irreparable or irreversible in
nature if an unpermitted party or event has already begun or
occurred.
S EC T IO N 2.CO DIFICA TIO N.
It is the intention of the Mayor and City Comm ission of the City of Miami Beach,and it
is hereby ordained that the provisions of this ordinance shall become and be made part of
the M iam i Beach City Code.The sections of this ordinance may be renumbered or relettered
to accomplish such intention,and the word "ordinance"may be changed to "section,""article,"
or other appropriate word.
S EC TIO N 3.REPE A LER .
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4.SEVERABILITY.
If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 5.EFFECTIVE DATE.
This Ordinance shall take effect 10 days after passage.
PASSED AND ADOPTED his l7 day or P1arc__,2025.
•
ATTEST:
(<o fael E.Granado,City Clerk
REGIS BARBOU(Sponsored by Commissioner Alex Fernandez and
co-sponsored by Commissioner Laura Dominguez)
teven Meiner,Mayor
BEset%,
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,·.$j6i.....·?=328.°APPROVED AS TO
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