HomeMy WebLinkAboutOrdinance 2006-256
ORDINANCE NO. 2006- :< 5 to
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA,
REQUIRING A PERMIT FOR PUBLIC ASSEMBLY
WITHIN THE CITY LIMITS; ESTABLISHING
CRITERIA FOR THE ISSUANCE OF A PERMIT;
PROVIDING FOR DEFINITION; PROVIDING FOR
PROCESSING FEES AND COMPLIANCE
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, this Ordinance is not intended to suppress or prohibit the expression of
protected speech, but to establish standards and procedures to allow the expression of free speech
and public assemblage within the City limits; and
WHEREAS, establishing measures that require a permit for public assembly is essential
to the protection of the public's health and safety and the protection of the environment of our
community; and
WHEREAS, established permit procedures will also ensure that the normal use of a
public place within the City is not substantially impaired and that unsafe traffic conditions will
be avoided during a public assembly.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part by this ordinance
upon adoption hereof.
Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds,
determines, and declares that it requires a permit for public assemblage within the City limits.
This Ordinance shall be applicable throughout the City of Smmy Isles Beach.
Section 3. Definitions. The following words, terms and phrases, when used in this alticle,
shall have the following meanings:
(a) Permit means a written statement issued by the City Manager, or her/his designee,
authorizing the holding of a public assembly under stated conditions.
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(b) Public Assembly means an outdoor gathering, or a gathering in temporary structures
such as tents, with or without an admission charge, or any public right-of-way, any
park, any government propeliy, building or grounds, when the anticipated daily
attendance is expected to exceed 10 persons a day which occurs on one or more days
per calendar month. This definition does not include special events that are regulated
under the City's Special Event Permit Ordinance.
(c) Public Place means:
(1) a place with respect to which the state, county, City or federal government
normally has authority to control or prohibit use by the general public; or
(2) a place with respect to which a private person permits use by the general public.
(d) City Code means the Code of Ordinances in affect at the time of the permit
application.
Section 4.
Permit required for assemblies.
(a) Scope. No "public assembly" often (10) or more persons, shall occupy out-of-doors,
any public right-of-way, any park, any government property, building or grounds, and no
"public assembly" of any number of persons shall occupy any street, except in
accordance with a permit issued by the Code Enforcement and Licensing Department,
after approval by the Police Department, and with such other applicable regulations as are
set forth in the City Code.
(b) Application. The written application for such permit shall be filed with the Code
Enforcement and Licensing Department on an approved form not less than thirty (30)
calendar days prior to the proposed assembly, or five (5) calendar days if the applicant
certifies that the assembly is of a spontaneous or urgent nature, or as soon as practicable,
so that the city can make any preparations necessary to provide personnel or other city
services to minimize the interruption of city services and to otherwise protect the
participants and the public. The application shall contain the following:
(1) The name, address and telephone number of the person seeking to conduct the
assembly;
(2) If the assembly is proposed to be conducted for, on behalf of or by an
organization, the name, address and telephone number of the headquarters of the
organization and of the authorized and responsible agent of this organization;
(3) The name, address and telephone number of the person who will be the assembly
organizer and who will be responsible for its conduct;
(4) The date when the assembly will occur;
(5) The approximate number of persons who will constitute the assembly;
(6) The approximate number of animals and vehicles that will constitute the
assembly, the type of animals and a description of the vehicles;
(7) The times when the assembly will start and end;
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(8) A statement whether the assembly will occupy all or only a portion of the public
right-of-way, park, government property, building or grounds, proposed to be used;
(9) The location of the assembly area;
(10) The physical boundaries of the assembly area; and
(11) If the assembly is designed to be held by and on behalf of, or for, any person
other than the applicant, a communication in writing from the person proposing to
hold the assembly, authorizing the applicant to apply for the permit on such person's
behalf.
(12) Any other information that may be required by the City.
( c) Criteria for issuance. The Code Enforcement and Licensing Department shall issue
an "assembly permit" when, from a consideration of the application and from such other
information as may otherwise be obtained, the following criteria, appear to be satisfied.
The Department Director or designee shall not have the discretion to consider any other
matters or criteria, other than those listed herein, in determining whether a permit should
be granted or denied.
(1) The assembly will not substantially interrupt the safe and orderly movement of
traffic contiguous to its location;
(2) The police department can provide police services adjacent to the assembly area
to regulate vehicular and pedestrian traffic, with the availability of a sufficient
contingent of on-duty personnel to provide such services without diminishing routine
service levels to the entire community;
(3) The concentration of persons and vehicles at the assembly area will not unduly
interfere with proper fire and police protection of, or ambulance service to, areas
contiguous to the assembly area;
(4) The assembly will not interfere with the movement of firefighting equipment en
route to a fire;
(5) A fully executed prior application for the same time and place has been received,
and a permit has been or will be granted to a prior applicant authorizing uses or
activities which do not reasonably permit multiple occupancy of the proposed
assembly location or part thereof;
(6) The assembly intended by the applicant would conflict with previously planned
programs organized and conducted by the city and previously scheduled for the same
time and place;
(7) The proposed use or activity is prohibited by, or inconsistent with, the
classifications and uses of the park or pmi thereof designated pursuant this chapter;
(8) The use or activity intended by the applicant would present an unreasonable
danger to the health or safety of the applicant, or other users of the park, or city
employees, or the public;
(9) The use or activity intended by the applicant is prohibited by law, or by this
Code;
(10) The application for permit contains a material falsehood or misrepresentation;
(11) The applicant is legally incompetent to contract or to sue and be sued; and
(12) The applicant, or the person on whose behalf the application for permit was
made, has on prior occasions made material misrepresentations regarding the nature
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or scope of a use or activity previously permitted, or has violated the telms of prior
permits issued to or on behalf of the applicant;
(13) The applicant for permit is not fully completed and executed;
(14) The applicant, or the person on whose behalf the applicant for permit was
made, has on prior occasion damaged city property and has not paid in full for such
damage.
(15) A state of federal, state or local emergency has been declared by lawful
authority for the proposed time.
(d) Conditions. Permits shall set fOlih conditions reasonably necessary for the
protection of the rights, property and personal safety based on the criteria set forth in this
Code. Failure to substantially fulfill the conditions set forth in such permit shall render
such permit null and void.
(e) Compliance; possession of perm it.
(1) A permittee shall comply with all applicable laws and sections of this Code and
other ordinances.
(2) The assembly chair or other person heading or leading the assembly shall carry
the assembly permit personally, and be in possession thereof at all times, during the
conduct of the assembly.
(f) Compliance with conditions. By applying for and being granted such permit, the
applicant shall assume responsibility for compliance with conditions on the face of the
permit.
(g) Notice of approval, approval with modifications, or denial. The Code Enforcement
and Licensing Department shall act upon the application for a permit, and give the
applicant notice of approval, approval with conditions, or denial, within three business
days after the filing of the application, except that if the applicant has celiified that the
assembly is of a spontaneous or urgent nature, within twenty-four (24) hours after the
filing the application. If the Code Enforcement and Licensing Department denies the
application such notice will state the reasons for denial of the permit.
(h) Fees. No fee shall be required for the issuance of an assembly permit.
(i) Appeal of denial. Any applicant shall have the right to appeal the denial of an
assembly permit to the City Manager. The appeal shall be filed with the City Manager
within two business days after the notice of denial is received. The City Manager, or
designee, shall act in writing upon the appeal within one day after the filing of the appeal,
except that if the applicant has certified that the assembly is of a spontaneous or urgent
nature, within four hours after the filing of the appeal. Any applicant aggrieved by the
decision of the city manager may seek immediate judicial review.
(j) Alternate date, time, location or route. The police chief shall be empowered to
authorize the conduct of the assembly on a date, at a time or over a route or location
different from that named by the applicant. An applicant may propose and provide for the
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on-duty police officers to be supplemented by the number of off-duty officers providing
special police service as required to maintain adequate routine service levels. An
applicant desiring to accept an alternate permit shall, within five days after notice of the
action of the police chief, file a written notice of acceptance with the police chief. An
alternate date assembly permit shall conform to the requirements of and shall have the
effect of a assembly permit under this article.
(k) Revocation. The police chief shall only have the authority to revoke an "assembly
permit" issued under this section upon finding that the criteria for issuance as set forth in
this section no longer exist. A permittee may seek immediate judicial review of any
decision to revoke an "assembly permit."
(1) Violations. Persons who knowingly cause, authorize or permit a public assembly
without a permit or knowingly cause, authorize or permit a public assembly to take place
not in conformity with an issued permit, are in violation of this ordinance. The City
Manager, the Police Chief or Fire Chief are authorized to immediately shut down any
event that is in violation of this Code.
Section 5. Compliance. Persons who knowingly cause, authorize or permit a public
assembly without a permit or knowingly cause, authorize or permit a public assembly to take
place not in conformity with an issued permit, are in violation of this ordinance.
Section 6. Penalties. Violations of this Code may be prosecuted in the name of the state in
a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon
conviction shall be punished by a fine not to exceed $500 or by imprisonment in the County jail
not to exceed 60 days or by both such fine and imprisonment. Violators of this ordinance shall
also be subject to the penalties prescribed in section 162.22 of the Florida Statutes, as well as
Code Enforcement pursuant to Chapter 14 of the City's Code of Ordinances, providing for a
maximum fine of $500 for each single violation and up to $500 per day for each continuing or
repetitive violation. The provisions discussed herein shall also be enforceable through injunctive
relief as a means of protection of the public interest through the exercise of the City of Sunny
Isles Beach's police power, and through any other means available at law.
Section 7. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any patio
Section 8. Inclusion in the Code. It is the intention of the Commission, and it is hereby
ordained, that the provisions of this ordinance shall become and be made a part of the code of the
City of Sunny Isles Beach, Florida; and that the sections of this ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "ordinance" shall be changed to
"section" or other appropriate word, as required.
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Section 9. Repealer. All ordinances or part of ordinances in conflict herewith be and the
same are hereby repealed.
Section 10. Effective Date. This Ordinance shall become effective ten (10) days after
adoption on second reading.
PASSED and ADOPTED on first reading the \ V *hay of M C\..r/!.;~ ,2006.
PASSED and ADOPTED on second reading the I ~ day of A-P~ \ L , 2006.
ATrEST:
~~A~
Jane A. Hines,'CMC, City Clerk
Moved by: C'.A)Ml'V"\S<;\ OIU~ ll:! AL8R..
Seconded by: C.OM1frv\<;~ID1V~ :J:(oL~ IJ4S
Vote: 5- 0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Goodman
Commissioner Iglesias
Commissioner Thaler
~ (Yes)
V (Yes)
---.0 (Yes)
~ ( Yes)
V (Yes)
_(No)
_(No)
_(No)
(No)
(No)
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City of Sunny Isles Beach
] 8070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
~OO~-~S".~
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
Chief Fred Maas, Interim City Manager
Hans Ottinot, City Allorne)'
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attorney~
DATE: March 16,2006
RE: Permit for Public Assembly
RECOMMENDA TION
This Ordinance is presented for your consideration and approval.
REASONS
At this time, the City does not have any regulations which address public assembly on public
property, To protect the safety of residents, the City must regulate the congregation of
individuals at a particular location in the City. Under the attached ordinance, a permit is required
before a public assembly occurs in the City. More importantly, this ordinance will provide the
police chief with an avenue to address all police related issues before a permit is issued.
Attachment:
HO/jb
Agenda Item g ----6
Date 1.{.-/1 ~ O~
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
TO: Police Chief Fred Maas
Clay Parker, Building Official! Administrator
Robert Solera, Assistant Administrator, Code Enforcement & Licensing/Bldg Dept.
Elena Del Campillo, Planning and Zoning Technician
FROM: Jane A. Hines, CMC, City Clerk
DATE: April 13, 2006
RE: Ordinances Adopted on April 11, 2006
At its regular meeting of April 11, 2006, the City Commission adopted the following
Ordinances:
· Ordinance No. 2006-255, relating to Construction Noise;
· Ordinance No. 2006-256, requiring a Permit for Public Assembly; and
· Ordinance No. 2006-257, increasing the price of a Bonus Participation Unit.
Attached for your action and files is a copy of each of the Ordinances.
Thank you.
:jah
Attachments
cc: A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager
041106 Ord Trans Memo