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HomeMy WebLinkAboutOrdinance 2026-658ORDINANCE 2026 - �58 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 233 OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, §233-1, ENTITLED "PERMIT REQUIRED," AND §233-2, ENTITLED "APPLICATION FOR PERMIT," TO CLARIFY THE DEFINITION OF SPECIAL EVENTS AND PROCEDURES FOR THE APPLICATION FOR PERMITS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the City Commission of the City of Sunny Isles Beach (the "City") has the authority to amend its code provisions pursuant to Section C-4.3 of the City's Charter; and WHEREAS, the City recognizes that certain events which occur on private property or on public streets within the City require and need special services as provided by the City, such as police, traffic control, special parking requirements, ambulance, fire or other emergency services; and WHEREAS, the City has determined that the health, welfare and safety of residents and visitors to the City are best served by updating the regulations of special events. WHEREAS, the City Commission- hereby finds that the adoption of these revisions regarding Special Events held in the City, promote the public health, safety, and general welfare of its citizens, and is in the best interest of the City. 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 of this Ordinance upon adoption hereof. Section 2. Amending §233-1 in Chapter 233 of the Code of Ordinances. §233-1 in Chapter 233 of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled, "Permit Required," is hereby amended as follows: 'Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline. deletions on first reading are shown as StFikethMugh and deletions on second reading are shown as @BCL@5816A64D Page 1 of 4 44 § 233-1. PeMit FequiGeneral. i eR i. health, A. Permit required. No person, firm, group, corporation, institution or any other type of entity shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce participation in a special event, unless a special event permit with associated filing fee has first been obtained from the City as provided herein. If an activity has been determined by the Code Compliance Division to meet any of the criteria outlined in this section, the appropriate fees in the Code Compliance fee schedule set forth will be charged based on the anticipated attendance. No person, firm, group, corporation, institution or any other type of entity shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Events sponsored or co -sponsored by the City and held at municipal facilities or on other property owned or controlled by a governmental entity are exempt from the provisions of this article; provided, however, that the co-sponsor of a co -sponsored event shall provide the required insurance certificates. A sponsored event is one that is wholly or partially planned, organized, funded, and/or executed by the City. , B. Special events definition. A special event will be defined as an activity held on public or private property that consists of any of the following: (1) It is open and/or advertised to the general public ;or (2) Includes the sale of food, beverages, merchandise, services and/or has a requirement for the general public to pay an admission fee for entry; or (3) Requires increased parking demand, off -site parking and/or traffic control, police presence, emergency medical services, and/or portable toilets; or (4) Requires that public areas are closed to the general public (i.e., main roads, sidewalks, trails, shelters, etc.) from their normal use for a specified period of time in order to hold the event; or (5) Includes the use or display of fireworks and/or drones; or (6) Uses temporary structures such as a stage, amusement rides, etc. (7) Would not normally be allowed based on zoning, certificate of use, or business tax receipt. @BCL@5816A64D Page 2 of 4 45 Section 3. Amending §233-2 in Chapter 233 of the Code of Ordinances. §233-2 in Chapter 233 of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled, "Application for permit," is hereby amended as follows: § 233-2. Application for permit. A. Applicants wishing to hold a special event must submit a completed special event application, including but not limited to, an application, site plan, fees, deposits, insurance and indemnification, as required by the special events requirements and guidelines, no less than thirty 30 days in advance of the events, unless the City Manager or designee waives the thirty 30 days notice requirement upon a showing of good cause by the applicant for failing to meet notice requirement. The City Manager or designee has the absolute right to deny applications that are not submitted less than Thirty 30 days in advance of the events. Any application received less than thirty (30) days from the date of an event shall be subject to a fee double the amount of the fees established in this Chapter. For all events not subiect to a fee pursuant to §233-3, whose application is received less than thirty (30) days from the date of the event, a $100 administrative fee shall be assessed. Section 4. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. Section 5. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity, but shall remain in full force and effect. Section 6. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 7. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. PASSED AND ADOPTED on first reading ti}iE"tia of September, 2026. PASSED AND ADOPTED on second readin 1W5tS'Iday of October, 2026. Larisa Svechin, Mayor @BCL@5816A64D Page 3 of 4 46 ATTEST:. .� f ►+. .ir�r� Mauricik Betancur!CMC, City Clerk First Reading Motion:6) L!gS Cw—PL PA 4. Seconcl:6)wLe�g�&. LA44 Vote on First Reading: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant LW ?% Vote on Second Reading: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner Lama Commissioner Stuyvesant APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau, City Attorney Nabors, Giblin & Nickerson, P.A. Second Reading c Motion: DIuul� • •Wkw- vlsc/ ! ✓ (Yes) (No) (Yes) (No) (Yes) (No) ✓ (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) -No) (Yes) (No) @BCL@5816A64D Page 4 of 4 47 CITY OF %S LES City of ComplIsliance Beach SPECIAL EVENT y B Code Compliaa ncce Division LLollins Ave Sunny 8lesBeach, FL33160 PERMIT APPLICATION N =J4= Tel: (305) 792-1705 1 www.sibfl.net Under penalties of perjury, I declare that I have read the foregoing application for a temporaryuse permit and all attachments to the application and that the facts stated in it are true.I also understand that based on the description of my event, I may be required to have lifeguards and/or police officers present. INITUus APPLICATION CHECKLIST Requirement ✓ 1 Liability Insurance 2 Hold Harmless 3 Copy of Consent Agreement (if applicable based onsite plan) 4 Detailed Event Site Plan (Including all facility connections) Date Received less than ?Vent datE PRINT OR TYPE ALL INFORMATION. If the Property Owner is also the Applicant, then only Section 2 is required to be completed. If the Applicant and Property Owner are different, both Sections 1 & 2 must be completed. Address: APPLICANT NOTARIZATION STATE OF / COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (year), by (name of person acknowledging) (Print, Type, or Stamp Commissioned Name of Notary Public) Check one: ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced (If applicable) Notary signature PROPERTY OWNER NOTARIZATION STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of (year), by (name of person acknowledging) (Print, Type, or Stamp Commissioned Name of Notary Public) Check one: ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced (If applicable) Notary signature Page 1 of 2 48 aAx q EVENT TYPE COORDINATOR INFORMATION Name of Event Type: Address of Event: Event Location Description (i.e. ballroom, pool deck, beach, etc.): Event Coordinator: Phone/E-mail: Onsite Coordinator. Phone/E-mail: Set-up Date & Time: Breakdown Date & Time: Number of People Attending Event: aB EVENT DESCRIPTION (Including Parking Plan) sc PERMIT TYPE & FEES (Select the most appropriate from below) Public Beach 1 to 25 people: $250.00 ($ 250.00 Refundable Cleanup Deposit) 26 Up to 100 people: $650.00 ($ 350.00 Refundable Cleanup Deposit) 101 Up to 499 people: $1,650.00 ($ 450.00 Refundable Cleanup Deposit) 500 people and above: $3,150.00 ($ 500.00 Refundable Cleanup Deposit) Sunny Isles Beach Pier (Additional $500.00) Private Property (Indoor) 0 to 49 people: $100.00 50 to 249 people: $250.00 249 to 499 people: $500.00 Private Property (Outdoor) 500 people and above: $1,000.00 **Late fee of double the permit cost shall be applicable to all permits submitted less than thirty (30) days from event date** **Refundable deposits by check or money order only- * $50 fee for revised permit approvals ® ADDITIONAL QUESTIONS Will event be open to the public? YES / NO Will there be an entrance fee for the event? YES / NO Will a generator, electricity, or plumbing be used? (If so, connection through adjacent property is required) YES / NO Will a tent/canopy be erected?* YES / NO Will there be any sales of merchandise, food, beverages, etc.?* YES / NO Will alcoholic beverages be served or sold?* YES / NO Will portable toilets be provided?* YES / NO Are fireworks or drones planned?* YES / NO *Additional local, state, and federal licenses & permits may be required. *** NOTE *** Please refer to Zoning Code Section 265-14, Temporary Uses, for specific regulation information and process. Any temporary use or structure which becomes a nuisance, violates the conditions of the permit, endangers the public health, aesthetics, or safety or is in violation of this Code shall be immediately subject to revocation by the City Manager. Page 2 of 2 49 PLO City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Susan Simpson, Acting City Manager FROM: Julio Davila, Code Compliance Manager DATE: October 15, 2026 RE: Amend Chapter 233 - Special Events RECOMMENDATION: Staff presents this item for commission's consideration. REASONS: The City's current Special Events code provides very limited criteria as to what defines a special event. This proposed ordinance introduces an improved definition of special events with distinct criteria. Specifically, the amended code would require a special event permit if an event, on public or private property: • Is open and/or advertised to the general public. • Includes the sale of food, beverages, merchandise, services and/or has a requirement for the general public to pay an admission fee for entry. • Requires: Increased parking demand, off -site parking and/or traffic control, police presence, emergency medical services, and/or portable toilets. • Requires that public areas are closed to the general public (i.e., main roads, sidewalks, trails, shelters, etc.) from their normal use for a specified period of time in order to hold the event. • Includes the use or display of fireworks and/or drones. • Uses temporary structures such as a stage, amusement rides, etc. • Would not normally be allowed based on zoning, certificate of use, or business tax receipt. Additionally, the amended ordinance would also establish a double fee for special event applications received less than thirty (30) days from the date of the event. Item Number: 8.A 42 ATTACHMENTS: Ordinance Special Event Permit Application Item Number: 8.A 43