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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. 02006- Public Assemblage Permit Requirement Page I of6 (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; 02006- Public Assemblage Permit Requirement Page 2 of6 (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 02006- Public Assemblage Permit Requirement Page 3 of6 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 02006- Public Assemblage Permit Requirement Page 4 of6 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. 02006- Public Assemblage Permit Requirement Page 5 of 6 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) 02006- Public Assemblage Permit Requirement Page 6 of6 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