§ 21-28.1. Open-air concerts, musical broadcasts, etc.

(a)

Permit required; presumption. It shall be unlawful and a violation of this section for any person, firm, partnership or corporation to play, broadcast or transmit music in such a manner as would reasonably be calculated to attract a crowd or cause numbers of persons to congregate in or on any open space, lot, yard, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person, firm, partnership, or corporation, without first having obtained a permit to do so from the Miami-Dade Police Department; except no permit shall be required of any person in order to engage in such activity within the residential property wherein such person resides. The use of any amplifier or loudspeaker to play, broadcast or transmit music shall constitute prima facie evidence that the music is being played, broadcasted or transmitted in such a manner as would reasonably be calculated to attract a crowd or cause numbers of persons to congregate.

(b)

Permit contents, time restrictions. Permits issued under this section shall specify the date and time during which the activity authorized by the permit may be conducted. No permit shall issue which encompasses more than one (1) calendar date, or a span of hours in excess of six (6) hours; nor shall the requested activity commence or continue beyond the hour of 11:00 p.m. in any case.

(c)

Permit application information. The application for a permit under this section shall contain the following information:

(1)

The name, date of birth, address and telephone number of the person who will be in charge of the activity for which a permit is requested.

(2)

The name of the person, firm, partnership or corporation seeking the permit.

(3)

The exact date and times for which the permit is sought.

(4)

The exact location of the event for which a permit is requested.

(d)

Filing application for permit. Applications for a permit required under this section must be submitted to the Miami-Dade Police Department at least five (5) days prior to the date of the event for which the permit is requested.

(e)

Procedures for administering permits. The Director of the Miami-Dade Police Department is hereby authorized and directed to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits.

(f)

Criteria for permit issuance; posting of bond. Issuance of the permit required under this section shall be based on a determination by the Miami-Dade Police Department that the event for which a permit is requested does not constitute a threat to public safety; constitute a danger or impediment to the normal flow of traffic; or constitute a potential disturbance of the peace and quiet of persons outside the premises where the event is located. Subsequent permits under this section may be denied to, or a bond required of, any person known to have been convicted for violations of a previous permit under this section. The bond shall be in an amount sufficient to secure the costs of cleanup and repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any judgment against the permit holder which may be entered by a court of competent jurisdiction on account of such property damage or destruction or cleanup cost.

(g)

Review of permit denial or revocation. Any person dissatisfied or aggrieved with the decision of the Director of the Miami-Dade Police Department with reference to denial of his application for such permit or the revocation of such permit may, within ten (10) days after such denial or revocation, appeal to and appear before the Manager or his designee; and, upon the affirmance or approval of the action taken by the Director of the Miami-Dade Police Department, such action shall be final and subject to judicial review by writ of certiorari in accordance with the Florida Rules of Appellate Procedure. In the event the Manager or his designee, upon the original review, determines that the applicant is entitled to such permit, then in that event the Director of the Miami-Dade Police Department shall immediately issue such permit.

(h)

Surrender of permit upon demand. It shall be unlawful and a violation of this section for the person designated in the permit application as being in charge of the event for which a permit is sought to fail or refuse to surrender the permit, on demand, to any State, County, or municipal police officer.

(i)

Person designated as being in charge to be present. The person designated in the permit application required in this section as being the person in charge of the event for which the permit is sought must remain at the location of said event during the entire time stated in the permit for which the event is authorized. It shall be unlawful and a violation of this section for said designated person in charge to fail to remain in attendance at the location of the event authorized by the permit for the entire time specified in the permit.

(j)

Penalties for violations. Any violation of any provision of this section shall be punishable by imprisonment in the County Jail for a term not to exceed thirty (30) days or a fine of up to five hundred dollars ($500.00), or both.

(Ord. No. 80-84, § 1, 7-17-80)