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RESOLUTION NO. R 04- l b~
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO AUTHORIZE AND APPLY FOR STATE
PERMITS FOR TEMPORARY CLOSING OF STATE
ROADS FOR SPECIAL EVENTS; PROVIDING FOR
SEVERABILITY; REPEALER AND AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach permits special events to utilize state
oadways from time to time; and
WHEREAS, the City of Boynton Beach desires to expedite the issuance of state
)ermits pursuant to Chapter 14-65, Florida Administrative Code, to facilitate special events
vhich use state roadways; and
WHEREAS, the Florida Department of Transportation requires the local government
o authorize all Temporary Road Closures on state roadways; and
WHEREAS, the City Commission of the City of Boynton Beach desires to authorize
he City Manager or his designee to authorize temporary closings of state roads for special
,,vents, and to apply for state permits pursuant to Chapter 14-65, Florida Administrative
~ode, for said temporary closings;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
['HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and
tereby ratified and confirmed by the City Commission
Section 2. That the City Commission of the City of Boynton Beach authorizes the
2ity Manager or his designee to authorize temporary closings of state roads for special
:vents, and to apply for permits from the Florida Department of Transportation pursuant to
~'hapter 15-65, Florida Administrative Code, for said temporary closings.
Section 3. If any section, subsection, clause or provision of this resolution is held
nvalid, the remainder shall not be affected by such invalidity.
Section 4. All resolutions or parts of resolutions in conflict herewith shall be and
lereby are repealed.
:\CA\RESO\Legislative Actions~Authorization of Road Closings.doc
I Section 5. That this Resolution will become effective immediately upon
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passage.
PASSED AND ADOPTED this o~ [ day of September, 2004.
CITY OF BOYNTON BEACH, FLORIDA
/A~yor ,/ / ~
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:\CA\RESOXLegislative ActionsXAuthorization of Road Closings.doc
VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
[] August 3, 2004
[] August ! 7, 2004
[] September 7, 2004
[] September21, 2004
Date Final Form Must be Turned
in to City Clerk's Office
(Noon.) July 19, 2004
(Noon) August 2, 2004
(Noon) August 16, 2004
(Noon) September 7, 2004
Requested City Commission
Meeting Dates
[] October 5, 2004
[] October 19, 2004
[] November 3, 2004
[] November 16, 2004
Date Final Form Must be Turned
in to City Clerk's Office
(Noon) September 20, 2004
(Noon) October 4, 2004
(Noon) October 18, 2004
(Noon) November 1, 2004
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve resolution authorizing the City Manager or his designee to authorize and apply for Stye
permits for temporary closings of State roads for special events.
EXPLANATION: There is a State requirement pursuant to Chapter 14-65, Florida Administrative Code, that~ll~e
Department of Transportation requires local governments to authorize the City Manager or his designee tg_.,oaut~e
temporary closings of State roads for special events by resolution.
PROGRAM IMPACT: Permit would be denied without resolution.
FISCAL IMPACT: None
ALTERNATIVES: Not hold special event.
Department Head's Signature
City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
SSBULLET1N~FORMS~AGENDA ITEM REQUEST FORM.DOC
CHAPTER 14-65 TEMPORARY CLOSING AND SPECIAL USE OF STATE ROADS
14-65.001
14-65.0011
14-65.002
14-65.0025
14-65.003
14-65.0035
14-65.004
14-65.005
14-65.006
14-65.0065
14-65.0068
14-65.007
Scope. (Repealed)
Exceptions. (Repealed)
State Roads in Municipal Corporate Limits. (Repealed)
Scope, Exceptions, and Definitions.
State Roads Outside Municipal Corporate Limits. (Repealed)
Temporary Closing of State Roads Other Than Limited Access Facilities.
Procedures Subsequent to Approval of Request for Temporary' Closing of State Roads Other Than Limited Access
Facilities. (Repealed)
Forms to Request Temporary Closing or Special Use of State Road. (Repealed)
Temporary Closing and Special Use of Interstate and Other Limited Access Facilities.
Procedures for Special Use of State Roads Including Limited Access Facilities.
Procedures Subsequent to Approval of Request for Special Use of State Roads Including Limited Access Facilities.
(Repealed)
Notification of Temporary Closing of State Road for Repair, Reconstruction, or Alteration. (Repealed)
14-65.0025 Scope, Exceptions, and Definitions.
This Rule Chapter 14-65, F.A.C., specifies procedures for obtaining a prior written permit for temporary closure of a state road
from the Department when necessary for the conduct of a special event. The rule chapter outlines the requirements for special
temporary use of limited access facilities, state roads other than limited access facilities; and for notice to the appropriate local law
enforcement agencies of repair, reconstruction, or alteration which necessitates the closing of lanes for vehicular traffic.
(1) Exceptions. For purposes of this rule chapter, the following examples are uses of state roads for special events which do not
require a prior written permit:
(a) A motorcade when no traffic lanes are closed and law enforcement personnel control traffic at each intersection;
(b) A run, walk-a-thon or bicycle event with a police escort and no detour of traffic; and
(c) A parade on a street which only intersects a state road where law enforcement personnel control the traffic at such
intersections.
(2) The following words and phrases when used in this rule chapter, shall have the meaning ascribed in this rule:
(a) "Charitable Purpose" has the meaning specified in Section 496.404(2), Florida Statutes.
(b) "Commercial Activities" include sale or display for sale, of merchandise; servicing or repairing of any vehicle, except
rendering of emergency service; storage of vehicles being serviced or repaired on abutting property or elsewhere; solicitation for
sale of goods, property, or services or for charitable purposes; and the display of advertising of any sort.
(c) "Emergency" is defined in Section 252.34, Florida Statutes, as any occurrence, or threat thereof, whether accidental,
natural, or caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial
damage to or loss of property.
(d) "Limited Access Facility" is as defined in Section 316.003(19), Florida Statutes.
(e) "Local Governmental Authority" means a municipality, county, or expressway or transportation authority serving one or
more jurisdictions.
(f) "Special Event" means an art festival, parade, annual charity drive, fair, fund drive, race, run, motorcade, or similar
activities of local interest.
(g) "Special Use" means any activities other than those defined as special events and as detailed in Rule 14-65.0065, F.A.C.
(h) "State Highway System" is as defined in Section 334.03(25), Florida Statutes.
(i) "State Road" is as defined in Section 334.03(27), Florida Statutes.
(j) "Temporary Closing" means the closing, detouring or otherwise restricting traffic flow of one or more vehicle traffic lanes
of a street or highway for a cumulative period of fifteen minutes or more.
(k) "Written Permit" is Form 850-040-65, Request for Temporary Closing/Special Use of State Road, 02/92, requesting stated
specific permission to close a stated specific section or part of a state road for a stated specific time period, signed by the District
Secretary or designee and the applicant or applicant's authorized representative.
Specific Authority 334.044(2), 337.406(1)FS. Law Implemented 252.34. 316.003, 316.006(1), 316.008, 334.03, 337.406, 496.425 FS. History~
New 1-19-89, Amended 4-15-92, 12-31-96.
14-65.0035 Temporary Closing of State Roads Other Than Limited Access Facilities.
(1) Procedures for Temporary Closing of State Roads Other Than Limited Access Facilities. The temporary use and closing of
state roads for the purpose of special events, not related to construction, reconstruction, maintenance or emergency purposes, may
be accomplished as follows:
(a) A special event may be permitted by the appropriate local governmental authority.
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(b) Prior to temporary closure of a state road for a special event, the local governmental authority which permits the special
event must determine whether a temporary closing of the road is necessary for the event and obtain prior written approval from the
Department unless excepted as defined in subsection 14-65.0025(1), F.A.C.
(c) A Request for Temporary Closing/Special Use of State Road, Form 850-040-65, 02/92, shall be submitted by the
responsible official of the local governmental authority to the District Secretary, or designee, naming the sponsoring officials;
stating that local law enforcement officials will manage all the details involved in administration of the event; and stating that as
between the Department and the local governmental authority, to the extent permitted by Florida law, the local governmental
authority will assume full responsibility for any liability claims arising from, or based on, the activities of the event. (d) The local governmental authority shall include with this request:
1. A certified copy of an excerpt from the minutes of a duly scheduled meeting, or duly executed resolution, of the
governmental authority authorizing the special event. The governmental authority may, by resolution, designate a position within
that body (Mayor, City Manager, etc.) to authorize and sign for the body;
2. A marked map, indicating the temporary detours to be utilized by the public; and showing the placement of appropriate
signs; stationing of any officers or flagmen; and locations of barricades and cones necessary to detour the traffic in a safe and
efficient manner;
3. A description of the provisions made for the temporary rerouting of traffic; and
4. Approval from the United States Coast Guard District Commander authorizing the opening or closing of any movable bridge
within the geographical limits of the event during the time period of the road closure.
(e) Prior to authorizing the temporary road closing, the Department shall review the proposed detour route to ensure that traffic
volume ~vill be handled and routed safely and efficiently.
(f) Such closing of the state road shall not be for commercial use, except that any portion of a state-maintained roadway may be
used for special events and special use as defined in paragraphs 14-65.0025(2)(0 and (2)(g), F.A.C., of this rule chapter, together
with such commercial activities necessarily related to such events. Nothing in this rule chapter shall be construed to authorize such
special events on the interstate highway system, toll roads, or other limited access facilities.
(2) Procedures Subsequent to Approval of Request for Temporary Closing of State Roads Other Than Limited Access
Facilities. The Department will return a copy of Form 850-040-65 indicating approval or disapproval to the submitting applicant.
Upon receipt of a copy of Form 850-040-65, Request for Temporat3' Closing/Special Use of State Road, 02/92, signed by a District
Secretary of the Department, or designee, the responsible official of the local governmental authority shall notify the applicant for
the special event whether preparation for and execution of the special event may or may not proceed.
(3) Form to Request Temporary Closing or Special Use of State Road. Copies of Form Number 850-040-65, Request for
Temporary Closing/Special Use of State Road, 02/92, is hereby incorporated by reference and made a part of this rule chapter.
Copies of this form may be obtained by contacting any Department District Maintenance Office.
Specific Authority 334.044(2), 337.406(1) FS. Law Implemented 316.003, 316.006(1), 316.008, 337.406 FS. History-New 1-19-89, Amended
4-15-92, 7~1-92, 12-31-96.
14-65.006 Temporary Closing and Special Use of Interstate and Other Limited Access Facilities.
Temporary closures for special uses will not be allowed on interstate highways, toll roads, and other limited access facilities on the
state highway system with the exception of the following situations:
(1) Emergency Conditions. When emergency or extremely dangerous conditions are judged to exist, the Department will
assume responsibility for determining whether closure of state roads is warranted.
(2) Request for special use of interstate and other limited access facilities will be made to the Department. Special use is
approved by the Department, in accordance with the provisions of Rule 14-65.0065, F.A.C.
(3) Use of facilities on interstate highways, toll roads, or other limited access facilities for solicitation is otherwise prohibited
except under the provisions of Rule Chapter 14-28, F.A.C.
Specific/tuthority 334.044(2), 337.406(1) FS. Law Implemented 316.006(0, 337.406, 338.01 FS. History-New 1-19-89, dmended 4-15-92.
14-65.0065 Procedures for Special Use of State Roads Including Limited Access Facilities.
The temporary use of state roads for special use activities, not related to construction, reconstruction, maintenance, emergency
purposes, or special events, may be accomplished in accordance with this rule chapter. The following information must be supplied
to the Department when requesting a permit for filming:
(1) A copy of pertinent portions of the script with a concise but detailed written description of the action to occur on the state
right of way.
(2) A detailed map showing the proposed filming location and an estimate of the number of event personnel.
(3) No stunts, staged accidents, explosives, or pyrotechnics that may cause damage to state property shall be allowed without
prior approval of the Department. Use of pyrotechnics requires approval from the District Secretary, or where applicable, the
Executive Director of the Florida Turnpike Enterprise and a separate approval from the local fire department having jurisdiction
over the filming site. Both must be attached to the special use permit. Additionally, a licensed "Pyrotechnic Operator - Special
Effects" shall be on location and in charge of all use, storage, and handling of special effects items.
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(4) The permittee shall provide the Department with proof of liability insurance in the amount of $1,000,000 for routine
filming. If the filming request involves specialized stunts, pyrotechnics, special effects, the use of some form of air transportation
over the state highway right of way, or stunts of any kind under or adjacent to a structure (bridge) then a minimum of $5,000,000 of
liability insurance is required.
(5) All maintenance of traffic on Department rights of way shall conform to the Federal Manual on Uniform Traffic Control
Devices (MUTCD), incorporated by reference under Rule 14-15.010, F.A.C.; the Department's current Roadway and Traffic
Design Standards; and the current Standard Specifications for Road and Bridge Construction. The Department shall regulate, limit,
or restrict hours of filming to minimize disruption of traffic on the state highway system. When filming causes undue disruption of
traffic, or creates safety hazards on a state highway, the Department shall require immediate corrective action within a specified
time frame, or cause filming to cease if deemed necessary. The Department shall require the submittal of a maintenance of traffic
plan with the request for permit to ensure compliance with this provision. The Department may require the presence of an off-duty
law enforcement officer in areas of congestion, critical traffic flow, or situations that may cause hazardous conditions.
(6) Filming of activities on state road rights of way from low flying aircraft must be in compliance with Federal Aviation
Administration regulations, and will not be permitted if the public safety or welfare is jeopardized. Any activities involving aircraft
shall require written notification of overhead utility companies.
Specific Authority 334.044(2), 335.10(lj, 337.406(1) FS. Law Itnplemented 316.003, 316.006(1), 316.008, 334.044(28), 335.10, 337.406(1),
496.425 FS. History-New 4-15-92.
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