Miami City Code § 54-341 Created, restrictions; application and approval required.
Sec. 54-341. - Created, restrictions; application and approval required.
(a) Boundaries of district. There is hereby created a special events district bounded on the north by Oak Avenue, on the south by the shoreline of Biscayne Bay, on the east by Mary Street and Kenneth Meyers Park, and on the west by McDonald Street, Commodore Plaza and Peacock Park, and expanding in a linear capacity along the public right-of-way portions of South Bayshore Drive from Mary Street to Aviation Avenue; Main Highway from Commodore Plaza to Franklin Avenue; and Pan American Drive from Biscayne Bay to South Bayshore Drive with the limitations set forth below in paragraph (b), such district to be known as the "Coconut Grove Special Events District."
(b) Purpose and intent of district. To ensure that "special events" occurring within public parks, right-of-way and other public places located within the district boundaries take place in accordance with prescribed rules and regulations to safeguard public resources and interests of the community and are designed to encourage and market the district for development of business, commerce and tourism.
(c) Restrictions established. The following restrictions shall apply to the district, excluding permitted activities undertaken on Pan American Drive:
(1) There shall only be two events per month. The term "event," for the purpose of this article, is hereby defined as an activity where any one of the following conditions occur within the special events district:
a. Any selling of alcoholic beverages in the public rights-of-way, or in city parks, other than in lawfully permitted sidewalk cafes;
b. Any pyrotechnics display;
c. Any temporary, partial use of, complete or partial obstruction of public streets or rights-of-way pursuant to section 54-6 or section 54-6.3 of this Code connected with an activity satisfying the criteria set forth in the other subsections herein;
d. Any parade or procession, other than funeral processions, of more than _______ vehicles * , floats, bands or marching units;
*Note—The city attorney advised that this number has been left off since it is to be determined by the police department.
e. Any temporary vending or concession permit conducted in the public rights-of-way or parks pursuant to sections 31-50 and 38-65 of this Code; or
f. Any use of mechanical rides or amusements.
(2) Only one of the two events may involve street closures.
(3) The two events shall not take place on successive weekends.
(4) Any annual event held in the Coconut Grove area prior to the adoption of this section is exempt from the above restrictions; however, no more than 24 events per year, inclusive of those events exempted pursuant to subsection (c)(1) herein shall be permitted. Further, if any of the preexisting events do not occur in a given year, for any reason other than an act of God, the event loses the exemption set forth in this section.
(d) Application for special events; approval required. Applications for special events in the district must be submitted to the city manager or its designated city department for the district who will coordinate and secure comments from other affected city departments and agencies. The completed application shall be submitted annually at least 120 days, but not earlier than 360 days prior to the event. Provided, however, applications for events held in prior years shall be given preference for the same dates, week or weekend previously used.
(1) Upon acceptance of a completed application by the city manager or designee for review, the city manager or designee shall schedule the application for the next available Coconut Grove business improvement district board ("BID board") meeting for review and recommendation in accordance with the provisions of this article.
(2) The applicant shall be responsible for making a full presentation regarding the proposed special event to the BID board. At a minimum the presentation to the BID board shall include a copy of the completed application along with a discussion and presentation of the matters described in subsection (4)a.
(3) The BID board retains the right to reject an application, including but not limited to, whenever a city department makes an adverse recommendation due to failure of the proposed application to provide the necessary safeguards to the citizens and residents of the district and/or to district property/facilities. An applicant whose application has been rejected by the BID board, may make application to appeal the BID board's decision to the city commission if filed within five days after the BID board's decision is issued.
(4) At the time of application, each applicant is required at a minimum to submit the following information and documentation. Provided, however, additional information and documentation may be required as determined by the director or any city department.
A completed application for the requested special event, including but not limited to, the name of the event; proposed location for the event along with a site diagram reflecting location, parking, activities, security and emergency services; proposed parking area and/or arrangements with parking facilities for the event; a description of the elements or activities planned for the event; estimated audience (including counts from previous years if applicable); anticipated sponsors, television, radio, internet coverage for the event; identification and a description of the financial resources of producers, owners and the applicant for the event; name, address and contact numbers for the local contact and event operator, if different; event setup and teardown dates; event hours of operation; event staffing, employees and volunteers along with a description of their responsibilities in connection with the event; and tentative production schedule.
(5) At the time of application, each applicant is required to notify by first class U.S. Mail, return receipt requested, all owners of property within 375 feet of the proposed event area. For purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls. In the case of condominiums, notice need only be sent to the condominium association. Applicant shall be solely responsible for complying with the foregoing notice requirement and at the time of application shall furnish an affidavit stating that the notice requirements of this section have been complied with and holding harmless the department of off-street parking ("DOSP"), the BID board, the city, and their respective officers and employees and shall indemnify DOSP, the BID board, the city, and their respective officers and employees for any claims of damages, liability or injuries which may be occasioned in connection with, as a direct or indirect result of, or relating to the notice requirement of this section. The foregoing notice requirement may be combined by the applicant with other City Code-required notices, as related to said event.
(e) Waiver or modification of restrictions. The city commission has the authority to waive or modify any of the above restrictions.
(Ord. No. 10764, § 1, 7-12-90; Code 1980, § 54-171; Ord. No. 11800, § 4, 6-8-99; Ord. No. 12221, § 1, 4-18-02; Ord. No. 12564, § 3, 7-22-04; Ord. No. 13059, § 4, 3-12-09; Ord. No. 13467, § 2, 6-12-14; Ord. No. 14138, § 13, 2-9-23)