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R5J-Amend Arts Culture And Entertainment OrdinanceCOMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending Chapter 12, Article II of the Code of the City, by amending Section 12-5, "Special Events Permits," by amending the rocedures; and further amendin Section 12-5 9 , entitled "Enforcement,"; rovidin for codification, re ealer, severabilit and an effective date. Key Intended Outcome Supported: Increase community ratings of cultural activities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more than two-thirds of all resident respondents surveyed, 69.6%, reported the City is doing either a "very good" (17.5%) or "good" (52.1 %) job handling events that attract large crowds to the City. Issue: I Shall the City Commission amend Chapter 12, Article II of the City Code? Item Summary/Recommendation: FIRST READING The Administration has been drafting amendments to the Special Event Guidelines and Ordinance since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. The NCAC met on February 3, 2011, and recommended additional changes to both the Ordinance and guidelines. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities such as New York, Chicago and Los Angeles, and drafted additional amendments to both the Ordinance and guidelines. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after being vetted at a public meeting. The proposed amendments were subsequently presented to the Community on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area of the event. However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members of the public are invited to participate. This meeting has become a reliable forum for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has drafted an amendment to this section of the Code that requires participation in the monthly special event community review meeting and may also require review by the corresponding neighborhood assocaition. Additionally, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued and still ensures that the violator is still afforded due process. This change is also reflected in the attached amendment. In addition to this ordinance amendment, the recommended amendments to the Guidelines include: creating additional permit types in order to streamline the process for small, less impactful, events; increasing to the security deposit requirements for larger events; updating the list of Major Event Periods; creating a process that allows an applicant to challenge dates already being held by another applicant; creating of an Art Basel Zone; and clarifying the consecutive day clause. The proposed amendments to the Special Events Guidelines will be presented at the May 9, 2012 City Commission meeting in conjunction with the second reading and public hearing of the Special Events ordinance amendment. Advisory Board Recommendation: The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting, and unanimously moved to tak~ these amendments to the City Commission after it is vetted at a public meeting. Financial Information: Source of Funds: Amount 1 Total Financial Impact Summary: N/A islative Trackin Department Director MIAMI BEACH Account 353 Approved City Manager AGENDA ITEM ___,.R_S"---'J"--_ DATE 4 -II-/ '"2_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~Q/'"'~ DATE: April11, 2012 u SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 12, ARTICLE II OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING SECTION 12-5, "SPECIAL EVENTS PERMITS," BY AMENDING THE PROCEDURES; AND FURTHER AMENDING SECTION 12-5(9), ENTITLED "ENFORCEMENT,"; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. BACKGROUND The City of Miami Beach has become the location of choice for a number of activities and special events in South Florida. The Tourism and Cultural Development (TCD) Department coordinates the permitting of special events, including review by the appropriate neighborhood association, in an effort to complement the ambience and aesthetics of the area in which the events are presented. TCD supports events on public property and other properties where the proposed event requires a Special Event Permit, and is responsible for assisting producers with special events guidelines and permit requirements and the issuance of Special Events Permits. In addition, TCD staff serves as liaison between local and regional associations and agencies in addressing the delivery of city services, and assists neighborhood associations with maintenance of events criteria. A City of Miami Beach Permit is required for special events, which is defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review. Applications are processed on a "first come, first serve" basis unless otherwise provided for under the booking policy. Applicants must provide 60 days notice for public use and 30 days notice for private use. The special event process is a review and approval process in which all aspects of an event are coordinated through internal, neighborhood and permitting reviews. In 1988, the City Commission approved a set of requirements for any applicant who wishes to hold a special event in the City of Miami Beach. The Special Events Requirements and Guidelines ("Special Event Guidelines") were designed to help guide applicants through the process of applying for a Special Events Permit, while ensuring minimal disruption to the impacted, surrounding environment. In 1995, via Resolution No. 95-21684, several revisions to the guidelines were adopted, but the procedures set forth did not adequately address a variety of issues associated with the production of special events. In 1998, via Resolution No. 98-23003, the guidelines were amended to incorporate direction received from neighborhood associations, property owners and citizen groups. Subsequently, in 2001, Ordinance No. 2001-3302 and the corresponding Resolution No. 2001-24341 were adopted by the City Commission, which codified the Special Event permit process and adopted separate guidelines with procedures, requirements and criteria for the issuance of permits for special events in Miami Beach. In July 2005, additional amendments were made to the City Code and to the Special Events Guidelines relating to the definition of a special event, consecutive day clause, permit application deadlines, neighborhood review and fines associated with the special event permit. In 2008, via Resolution 2008-26908, additional amendments to the Special Event Guidelines were made pursuant to direction from the Finance and Citywide Projects Committee. In addition to generating additional revenue for the City, a permit process for promotional hand-to-hand giveaways, which were unregulated by the City and took place 354 Page 2of6 Apri/11, 2012 City Commission Meeting Special Events Ordinance Amendment regularly throughout the City without a permit, was created. These giveaways range from food (e.g. yogurt, protein bars, chips, etc.), to drinks (e.g. sodas, energy drinks, etc.), to products (e.g. sunscreen, chapstick, t-shirts, CO's, etc.). The Amendment to the Special Event Requirements and Guidelines was approved on September 17, 2008 by the City Commission and became effective October 1, 2008. ANALYSIS The Administration has been drafting amendments to the Special Event Ordinance and Guidelines since late 2010. The City Commission referred the subject for further discussion to the Neighborhoods and Community Affairs Committee (NCAC) at its December 8, 2010 meeting. Subsequently, concerns were raised with issues that occurred during the Funkshion Fashion event in March 2011. The NCAC discussed these concerns at their June 3, 2011 meeting. The NCAC requested a review of the security deposit requirements as they felt they were too low for events of this nature. Since that time, the Tourism and Cultural Development Department researched special event programs in other major cities, such as New York, Chicago and Los Angeles, and drafted additional amendments. These changes have been presented to the Production Industry Council and reviewed by an invited group of event producers representing a cross section of events that take place in Miami Beach. The Neighborhoods and Community Affairs Committee reviewed the most recent draft of amendments to the Special Event Ordinance and Guidelines at their January 30, 2012 meeting. The Committee unanimously moved to take these amendments to the City Commission after it is vetted at a public meeting. The Administration subsequently presented the proposed amendments to the Community during the monthly Special Event Community Review Meetings held on February 10, 2012 and March 8, 2012. Public comment was very minor and primarily focused on the neighborhood review requirements and the booking policy. All comments have been incorporated into the proposed amendments. At this time, the Administration is presenting amendments to the City Code on first reading based on the proposed amendments to the Special Event Guidelines. The amendments to the guidelines will be presented at the May 9, 2012 City Commission meeting in conjunction with the second reading and public hearing of the ordinance amendment. PROPOSED ORDINANCE AMENDMENTS The City Code currently requires applicants to present their special event plans to the neighborhood association corresponding to the geographic area of the event. However, The Tourism and Cultural Development Department has subsequently instituted a recurring monthly special event community review meeting where all members of the public are invited to participate. The Tourism and Cultural Development Department has also created an opt-in email list to notice the community of the monthly meetings and agenda, as well as all approved permits. This meeting has become a reliable meeting for the community to receive the required information from applicants and for the City to receive feedback from the community. Therefore, the Administration has proposed amending the Special Events Ordinance as follows: A) Requirement to attend community meeting (Section 5) Special event applications applicants are subject required to present their plans for review at the monthly Special Events Community Review meeting and may also be requested to present for review by the corresponding neighborhood association in the neighborhood by, and applicants are required to present their plans to, the neighborhood association(s) corresponding to the geographic area where the event is proposed. In the case of events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in the discretion of the city commission, the city manager or city manager's designee, the matter wi# may also be referred for review and recommendation to the city planning board. 355 Page 3of6 Apri/11, 2012 City Commission Meeting Special Events Ordinance Amendment B) Defined penalty/fine provision (Section 9) As you know, the City has been reviewing the City Code to standardize and streamline enforcement provisions. The Special Event Ordinance is another section that would be more appropriately addressed through a set fine schedule. A violator can elect to pay the fine as outlined in the established fine schedule, or request an administrative hearing before the Special Master to appeal the decision of the Code Compliance Officer which resulted in the violation being issued. This will ensure that the violator is still afforded due process. The following are the proposed amendments to the enforcement and penalty provisions: (9) Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) First offense within a 12 month period a fine of $1,000.00; (2) Second offense within a 12 month period a fine of $2,500.00; and (3) Third offense and subsequent offenses within a 12 month period a fine of $5,000. 00. (b) Enforcement. The code enforcement department or the Miami Beach Police Department shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatorv bodies from anv action to assure compliance with this section and all applicable Jaws. If a Miami Beach Police Officer or a Code Compliance Officer finds a violation of this section, the Miami Beach Police Officer or the Code Compliance Officer shall issue a Notice of Violation to the violator as provided in chapter 30 of this Code, as may be amended from time to time. The Notice of Violation shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation, and that failure to appeal the violation within the ten days, shall constitute an admission of the violation and a waiver of the right to a hearing. (c) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. (1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 10 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator. after issuance of the Notice of Violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the Code Compliance Officer or the Miami Beach Police Officer. Failure of the named violator to appeal the decision of the Code Compliance Officer or the Miami Beach Police Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master, and be treated as an admission of the violation, and fines and penalties may be assessed accordingly. ( 4) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (5) The Special Master shall adjudicate a violation upon failure to request an administrative hearing with ten {10) days of the issuance of the Notice of Violation, and shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing. 356 Page 4 of6 Apri/11, 2012 City Commission Meeting Special Events Ordinance Amendment (d) Enhanced penalties. The following enhanced penalties shall be imposed. in addition to anv mandatorv fines set forth in (9)(a) above, for violations of this Section: ill If the offense is a fourth offense within the preceding 12 month period of time, in addition to the fine set forth in (9)(a). the property owner, event producer or permittee shall be restricted from receiving a Special Event Permit for a three (3) month period of time. m If the offense is a fifth offense within six (6) months following the fourth offense. in addition to any fine set forth in (9)(a). the property owner, event producer or permittee will be restricted from receiving a Special Event Permit for a six (6) month period of time. The property owner. event producer or permittee shall be deemed a habitual offender. @ The City Manager may decline to issue future Special Event Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year. or such other period of time acceptable to the City Manager. PROPOSED-SPECIAL EVENT GUIDELINE AMENDMENTS On May 9, 2012, in conjunction with the second reading/public hearing of the above-noted Special Events Ordinance amendments, the following amendments to the guidelines will be recommended by staff. This follows a review of other major cities' special event procedures, review by the Production Industry Council and a group of event producers. A. Permit Types: Creates additional special event permits types in order to streamline application processing for smaller, less impactful, special events. Public Property • Reduce the application deadline from sixty (60) days to thirty (30) days for events with a maximum attendance of 150 people and requiring no city services. This change will help streamline the process from small events. • Large more impactful events will remain with a sixty (60) day application deadline as they are more complicated and require more advance planning. Private Property • Reduce the application deadline from thirty (30) days to fifteen (15) days for events taking place on private property and requiring no city services. This streamlines the process less impacting events on private property, which historically require a shorter turnaround time. (Note: all other events on private property must apply with a minimum of thirty (30) days. B. Security Deposit: . In response to concerns that the security deposit was not sufficient enough to cover expenses for larger events, the following changes are proposed: • $2,500 small events up to 150 people • $5,000 for events up to 1500 attendees • $10,000 for events with between 1500 and 5000 attendees • $20,000 +for events with more than 5000 attendees 357 Page 5of6 Apri/11, 2012 City Commission Meeting Special Events Ordinance Amendment C. Updates the list of Major Event Periods. D. Booking Policy: Adds language to the booking policy allowing an applicant to challenge dates already held by a "first hold" applicant. A "first hold" applicant has submitted an application and an application fee, for an event on a certain day or dates at a particular location. If a Second Hold applicant for those held day(s) challenges a First Hold applicant's dates, the First Hold applicant will be required to post a cash bond in the amount equal to the estimated cost of City services (i.e. Security Deposit, Off-duty Police, Off-duty Fire and Sanitation, etc.) within fourteen (14) days of receipt of notice from date/location challenge from the City. Additionally, the Second Hold applicant must post a cash bond in the amount equal to the estimated cost of City services at the time of the date challenge. If the First Hold applicant fails to provide the City with the specified cash bond within 14 days of receipt of notice, the Second Hold applicant will then have the opportunity to post a cash bond in the amount equal to the estimated cost of City services for their event (i.e. Off-duty Police, Off-duty Fire and Sanitation, etc.) within fourteen (14 days) of receipt of notice from the City. If the Second Hold applicant posts a cash bond with the City within 14 days, the applicant will have a First Hold on the dates and location. If both parties fail to post a cash bond, the dates and location are released and will be made available on a first-come, first served basis. E. Consecutive Day Clause: Clarifies the Consecutive Day Clause limiting venues to five (5) special event permits per calendar year. F. Art Basel Zone: The establishment of a zone to be bounded by 23rd Street to the north; by Lincoln Lane South to the south; by Alton road to the west; and by the Atlantic Ocean to the east, where special events permits for non-Art Basel Miami Beach official events will not be permitted. The effective term and duration of the Art Basel Miami Beach Zone is only intended to run concurrent with the actual ABMB Event dates. The following amendments to the guidelines are recommended to address changes already previously approved by the Commission: G. Wedding Permit Fees: The City Administration implements a new $125 wedding permit fee as part of the FY 10/11 budget, which were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519. The proposed amendment will include this information in the guidelines (Section I.A. III- Weddings and Ceremonies. H. Late Fees: If an application is received later than the specified deadline a late application fee of $250 applies. The intent is to encourage event producers to apply timely. There is also another late fee is applicants have not submitted all required documentation 14 days before the load-in of the event commences. The application is then considered denied and any additional coordination requires a reinstatement fee, commensurate with the event's permit fee: • 0 to 1499 attendees $250 • 1500 and above attendees $500 These changes to the special event fees were approved by the City Commission on September 20, 2010 via Resolution No. 2010-27519 and was adopted as part of the FY 10/11 budget. The proposed amendment will include this information in the guidelines (Section I.A.VII-Minimum Requirements; Late Application Fee). 358 Page 6of6 Apri/11, 2012 City Commission Meeting Special Events Ordinance Amendment I. The Administration reviewed the guidelines and determined that the City's Administrative Policy for repeat violators of special event permits should be formally incorporated into the guidelines. They were developed to clarify Section 12-5(9)(b) of the City Code and impose additional penalties, in addition to fines for violations of this Section of the City Code (Section Ill). The policy states levies additional penalties for event producers who violate the terms of their permit multiple times within the preceding 12 month period of time and restricts the producer from obtaining additional permits for a period of time depending on the number of violations. J. Temporary Sampling: creates a distance separation from existing sidewalk cafes and tightens the definition of "mobile" sampling. The amendments prohibit sampling from moving vehicles and sampling within 20 feet of an approved sidewalk cafe, outdoor cafe, outdoor restaurant, etc. On May 25, 2010, the Neighborhoods and Community Affairs Committee reviewed the City's temporary sampling regulations and recommended revisions to the guidelines regarding. K. Adds additional criteria for the Manager's consideration when considering a special event permit for events that feature a public benefit component (Section I.B.II.e.). L. Includes language clarifying that the City is not responsible for any expenses incurred by the applicant (Section 1.8.111.). M. Changes from "weeks" to "days" the requirement for the deadline for payment for City services (Section 1.0.11) N. Includes clarification language for required verification for light post banners for 501 © 3 non-profits (Section II.E.III). 0. Additional proposed changes clarify the Vehicle Access Pass policy as pertaining to all beach, park and pedestrian use areas. Currently the pass is intended only for beach use. This change allows proper regulation of safety needs for events that require access to non-beach authorized areas, such as greenspace (Section II.A). P. Another change clarifies waiver provisions for non-profit groups (Section I.A.VII-Minimum Requirements) and amends the submission date for the Indemnity Agreement and Insurance documents (Section I.A. VII- Minimum Requirements, Indemnity Agreement; Insurance Requirements). CONCLUSION In an effort to provide better oversight and regulation of the Special Events Permit process, the Administration recommends that the City Commission approve on first reading the proposed amendments to the Special Events Ordinance, as specified in the attachment, and set a second reading, public hearing. JMG/HMF/MAS/GW T:\AGENDA\2012\4-11-12\Special Events Ord amendment memo.doc 359 ORDINANCE NO.------ 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 THEREOF, ENTITLED "SPECIAL EVENTS," BY AMENDING SECTION 12-5, "SPECIAL EVENTS PERMITS" TO PROVIDE CLARIFICATION TO SPECIAL EVENT APPLICANTS UNDER PROVISION (5); BY PROVIDING ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF SECTION 12-5 AS SET FORTH IN PROVISION (9); AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") declares that it is in the interest of the citizens of Miami Beach to ensure that special events are compatible with the City, which is a major and internationally recognized tourist destination; and WHEREAS, the Administration has acknowledged and recognized that various individuals have increased their efforts to hold special events throughout the City, which requires specific measures to be taken in order to minimize the disruption and impact to surrounding residential inhabitants and business entities; and WHEREAS, the Administration has reviewed the enforcement provisions that are applicable for special event permit violations, and is recommending necessary amendments which shall establish appropriate fines and penalties against those individuals who violate the requirements of Article II of the City Code; and WHEREAS, the Administration and City Attorney's Office recommends amending the enforcement provisions for violations of Section 12-5, which are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Article II, entitled, "Special Event Permits," of Chapter 12 of the Miami Beach City Code, entitled Arts, Culture and Entertainment, is hereby amended as follows: CHAPTER 12 ARTS, CULTURE & ENTERTAINMENT * * * ARTICLE II. SPECIAL EVENTS PERMITS * * * Sec. 12-5. Special events permits. 360 The city manager, or the manager's designee, has the authority to issue, modify or revoke permits for special events, in accordance with criteria set forth in this section and the special events requirements and guidelines approved by separate resolution of the city commission. (1) It shall be unlawful to engage in special events without a special events permit. A special event is defined as a temporary use on public or private property that would not be permitted generally or without restriction throughout a particular zoning district, but would be permitted if controlled with special review in accordance with this section. (2) Applicants wishing to hold a special event must submit a completed special event application, including but not limited to an application form, site plan, fees, deposits, insurance and indemnification, as required by the special events requirements and guidelines, no less than 60 days in advance for beach events and non-beach events. (3) The manager, or the manager's designee may impose such fees as they determine appropriate considering the impact of the special event on city facilities and services, including without limitation, user fees for particular city properties, square footage rates for exclusive use of public property, and concession agreements for paid admissions, and sale of food, beverage and merchandise on public property. The manager may, in his discretion, reduce or waive the submission periods, or fees for events by not-for-profit corporations, for a particular event when such waiver is found to be in the best interest of the city. (4) The manager or the manager's designee will determine specific requirements, and city departments will determine minimum staffing levels, for the event consistent with the special events requirements and guidelines. (5) Special event applications applicants are subject required to present their plans for review at the monthly Special Events Community Review meeting and may also be requested to present for review by the corresponding neighborhood association in the neighborhood by, and applicants are required to present their plans to, the neighborhood association(s) corresponding to the geographic area where the event is proposed. In the case of events that expect 200 or more attendees and where there is no legally constituted/recognized association, or in the discretion of the city commission, the city manager or city manager's designee, the matter will be referred for review and recommendation to the city planning board. (6) The city manager, or the manager's designee, will make a final determination on an application for a permit within seven days after all special events requirements applicable to an event have been fulfilled, with appropriate extensions of such deadline to allow for scheduling of neighborhood association or planning board meetings. All requirements must be fully completed no later than two weeks prior to the event, including payment for city services. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event. (7) Special events requirements and guidelines. The city commission may adopt special events requirements and guidelines as they pertain to special events being held in the city. The manager may authorize amendments to the requirements and guidelines proposed by the administration, consistent with the intent and purpose of this section, or may present such amendments to the city commission for approval, by resolution. (8) Conflict with noise provisions. The city manager or the manager's designee, may issue a permit that authorizes a special event in conflict with chapter 46, article IV, of this Code, or other 2 361 applicable noise ordinance, only where the applicant has met all of the city's requirements for obtaining a permit as prescribed in this section and the requirements and guidelines, and the special event cannot be performed in compliance with the applicable noise ordinance. Such a permit must specify the precise manner by which the noise ordinance may be exceeded, by what duration, and at what locations. Such permit authorization may be modified or revoked if in the discretion of the manager, or designee, the authorization excessively negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all other applicable local, county, state or federal laws. (9) Enforcement. a. Permits shall be posted in a conspicuous location at the site on which the special event occurs. Upon the request of any police officer or code compliance officer of the city, the owner, lessee of the property or other representati\1e of the special event, shall produce such permit for inspection. b. Persons engaged in a special event without a permit, or otherwise in violation of a permit, this section or the special events requirements and guidelines provided for herein, shall be subject to enforcement by city police or code compliance officers, through the issuance of immediate cease and desist orders, the violation of which may subject the offender to the following immediate fines: for the first offense a fine of one thousand dollars ($1 ,000); for the second offense a fine of three thousand dollars ($3,000); and for the third offense and subsequent offenses a fine of fi•le thousand dollars ($5,000) or_arrest, and/or enforcement as provided for in section 1 14 of this code, and/or notices of 'liolation referred to special masters, •Nho have authority to issue fines or enforce compliance, as provided for in chapter 30 of this code. Police or code compliance officers will coordinate enforcement 'Nith the Department of Tourism and Cultural De\1elopment. As an alternate and supplemental remedy, the city may enforce this section by in:iunctive relief in any court of competent jurisdiction, and in such circumstance the city shall be entitled to recover its reasonable attorneys' fees and costs. For repeat offenders, the manager or designee may decline to issue permits to such person or entity for one year, or such other period as the manager deems appropriate. (9) Enforcement and Penalties. (a) Civil fine for violators. The following civil fines shall be imposed for a violation of this section: (1) (2) (3) First offense within a 12 month period shall be a fine of $1000.00; Second offense within a 12 month period shall be a fine of $2500.00; Third offense and subsequent offenses within a 12 month period shall be a fine of $5000.00. (b) Enforcement. The code compliance division or the Miami Beach Police Department. shall enforce the provisions of this section. This shall not preclude other law enforcement agencies or regulatory bodies. from any action to assure compliance with this section and all applicable laws. If an enforcing Officer finds a violation of this section. the Officer shall issue a Notice of Violation to the violator. The Notice of Violation shall inform the violator of the nature of the violation. amount of fine for which the violator is liable. instructions and due date for paying the fine. notice that the Violation may be appealed by requesting an administrative hearing within ten days after service of the Notice of Violation. and that failure to appeal the violation within the ten days. shall constitute an admission of the violation and a waiver of the right to a hearing. 3 362 (c) Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal. (1) A violator who has been served with a Notice of Violation shall elect either to: a. Pay the civil fine in the manner indicated on the Notice of Violation; or b. Request an administrative hearing before a special master to appeal the Notice of Violation within 1 0 days of the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the Notice of Violation shall be as set forth in sections 30-72 and 30-73. (3) If the named violator. after issuance of the Notice of Violation. fails to pay the civil fine. or fails to timely request an administrative hearing before a special master. the special master shall be informed of such failure by report from the Officer. Failure of the named violator to appeal the decision of the Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. and be treated as an admission of the violation. and fines and penalties may be assessed accordingly. (4) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state. including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the recording of any such lien that which remains unpaid. the city may foreclose or otherwise execute upon the lien. (5) Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (6) The Special Master shall be prohibited from hearing the merits of the Notice of Violation or consideration of the timeliness of the request for an administrative hearing, if the violator has failed to request an administrative hearing within ten (1 0) days of the issuance of the Notice of Violation. (7) The Special Master shall not have discretion to alter the penalties prescribed in subsection (9)(a). (d) Enhanced penalties. The following enhanced penalties shall be imposed, in addition to any mandatory fines set forth in subsection (9)(a) above. for violations of this Section: ill If the offense is a fourth offense within the preceding 12 month period of time. in addition to the fine set forth in subsection (9)(a). the property owner. event producer or permittee shall be prohibited from receiving a Special Event Permit for a three (3) month period of time. ill If the offense is a fifth offense within six (6) months following the fourth 4 363 offense. in addition to any fine set forth in subsection (9)(a). the property owner. event producer or permittee will be prohibited from receiving a Special Event Permit for a six (6) month period of time. The property owner. event producer or permittee shall be deemed a habitual offender. .@1 The City Manager may decline to issue future Special Event Permits to such person or entity that have been deemed habitual offenders pursuant to this section for a period of one year. or such other period of time acceptable to the City Manager. SECTION 2. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, provision or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (1 0) days following adoption. PASSED AND ADOPTED this ___ day of ________ , 2012. ATTEST: ROBERT PARCHER, CITY CLERK Underline denotes additions Strikethrough denotes deletions MATTI HERRERA BOWER MAYOR 5 364