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HomeMy WebLinkAboutDocumentation_Regular_Tab 09C_02/10/1994 ; � ,� � ' VILLAGE OF TEQUESTA � � Post Officc Boz 3273 • 357 Tcy�esta Drivc �' Tcyucsta, Florida 33469-0273 • (407) 575-b200 • � � � � Fax: (407) 575-6203 . `s o s � `•C COUM� MEMOItANDUM: Tp: Village Council FROM: Thomas G. Bradford, Village Manage �� DATE: February 3, 1994 SUBJECT: Ordinance Adoptinq Procedures for the Holding of Special Enents in Tequesta; Aqenda Item This matter was reviewed by the Public Safety Committee at their meeting on January 19, 1994. Upon the advice of the Village Attorney, it is recommended that the Village differentiate between special events on private property and special events on public property. This Ordinance addresses special events on public property including streets,- sidewalks, alleys, parks, beaches or other public places or buildings which may inhibit the usual flow of pedestrian or vehicular travel. The Village currently has no regulations relative to such special events. In fact, the Village has been wrongly using provisions within its Zoning Ordinance to attempt to regulate various special events that have been requested on public property. The Village attorney has pointed out to us that the special events provisions of the Zoning Ordinance only apply to private property. Hence, the need for the attached Ordinance regulating special events on public property. As a footnote, the Public Safety Committee has requested the Village Attorney to draft an ordinance updating the regulations of special events in the Zoning Ordinance. Therefore, in the near future, you will see an ordinance in this regard. As with the Parade Ordinance, this Ordinance establishes reasonable regulations relating to special events on public property. If the applicant meets all of these regulations, Village staff is empowered to approve the special event. If the applicant does not meet all of the requirements, the special events permit application is rejected. The applicant may appeal their permit denial to the Village Council. Therefore, it is Section 5 and Section 6 of the Ordinance that is of particular importance for Village Council review for these sections set forth the regulations for standards and issuance of the permit. Villaqe Council February 2, 1994 . Page 2 It is the intent of this Ordinance to set forth guidelines for the staff to issue special events permits on public property. Any special event superseding these regulations can only be approved by the Village Council which makes perfect sense. It is recommended that the Village Council adopt this Ordinance establishing regulations for special events on public property. ORDINANCE NO. AN ORDZNANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING PROCEDURES FOR THE HOLDING OF SPECIAL EVENTS IN THE VILLAGE OF TEQUESTA; PROVIDING A DEFINITION; PROVIDING FOR PERMITS AND APPLICATION REQUIREMENTS; PROVIDING FOR REGULATIONS; PROVIDING FOR STANDARDS OF ISSUANCE OF PERMITS; PROVIDING FOR NOTZCE OF APPROVAL OR DENIAL; PROVIDING PROCEDURES FOR APPEAL; PROVIDING FOR REVOCATION; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. There is hereby adopted by the Villaqe Council of the Village of Tequesta, Palm Beach County, Florida, an ordinance pertaining to special events held within the Village, so as to provide procedures and regulations relating to the use of public ways and places within the Village for special events to read as follows: ��sec. i. Short Title. This Article shall be known and may be cited as the �'Special Events Ordinance of the Village of Tequesta." Sec. 2. Definition. "Special Event" shall mean any meeting, activity or gathering of a group of persons having a common purpose, design or goal, upon any public street, sidewalk, alley, park, beach or other public place or buildinq which special event substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area or building which results in preempted use by the general public or which deviates from the established - use. Nothing herein shall preclude the use of said areas by the Village of Tequesta for governmental purposes. Sec. 3. Permit Required. No person shall engage in, participate in, aid, form or start any special event, unless a special event permit shall have first been obtained from the Village Manager � or the Village Manager's desiqnee. Sec. 4. Application. A person seeking issuance of a special event permit shall file an application with the Village Clerk's office on forms provided by the Village. (1) FilinQ. A completed application for a special event permit, providing all information required herein, shall be filed with the Village Clerk's office not less than thirty (30) days nor more than ninety (90) days before the date on which it is proposed to conduct the special event. (2) Contents. The application for a special event permit shall set forth the following information: (a) The name, address and telephone number of the person seeking to conduct such a special event; (b) The purpose of the special event; (c) If the special event 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 heads of such organization; (d) The date or dates on which the special event is to be conducted; (e) The exact hours the special event is to be conducted; (f) The name or type of event; (g) The exact location of the event; (h) The approximate number of participants and spectators; (i) A detailed description of the activity or activities, including whether or not the event requires support facilities such as traffic control, parking volume, crowd control; (j) The name of the applicant's insurance company for the event. The Village shall be named as an insured on a policy of liability insurance in an amount not less than one million dollars; 2 (k) The signature of the applicant; (1) The name, address and telephone number of the person who will be responsible for the conduct of the special event (i.e., special event chairman); (m) Provisions for cleanup after conclusion of the special event. The applicant shall be responsible for costs of complete and immediate clean up; and (n) An application fee of One Hundred Fifty Dollars ($150.00). Sec. 5. Requlations Relatinq to Special Event. The following regulations shall apply to all special events held within the Village: (1) There shall be held at the location requested no more than one (1) special event on any given day, without priority for any particular date, to be granted to the first person to submit a completed application designating that day. (2) The maximum total duration of each special , event and the assembly thereof shall be three (3) hours. (3) Any signs, props or displays used in conjunction with the special event must be removed immediately after the time permitted for the special event has expired. (4) The use of banners, flags (other than flags of official governmental bodies), streamers, balloons or any similar devices, in connection with the event, shall be prohibited. (5) The use of decorated vehicles and trailers in connection with the event is prohibited. (6) The granting of a special event permit under this article shall not require the complete blockading of streets or intersections to vehicular traffic, and the Village shall be empowered to apportion such streets and intersections for simultaneous use by special event participants and vehicular and pedestrian traffic. 3 (7) The concentration of per.sons and/or vehicles at the special event will not interfere unduly with proper f ire and police protection of, or ambulance service to, areas contiguous to the assembly area or other areas of the Village. ( 8) There are suf f icient parking places near to the site of the special event to accommodate the approximate number of automobiles reasonably expected to be driven to the special event. (9) The event is not otherwise in violation of ordinances or regulations of the Village of Tequesta, State of Florida, or federal law. Bec. 6. Standards for Issuance. The Village Manager's office shall issue a permit as provided for hereunder when from a consideration of the application and from such other information as may otherwise be obtained, he finds that: (1) No other applicant has obtained a permit for the date requested; (2) The special event applicant has agreed in writing to abide by all provisions set forth in this ordinance; (3) All required information is set forth in the application and is in accordance with all provisions set forth in this ordinance; (4) The concentration of persons and vehicles at assembly points of the special event will not interfere with the proper fire and police protection of, or ambulance services to, areas contiguous to such assembly areas; (5) The conduct of such special event will not interfere with the movement of police and fire rescue vehicles and equipment en route to a f ire or the movement of emergency medical services equipment en route to an emergency. (6j The special event is not being held for the purpose of advertising any product, goods or event, and is not designed to be held for private profit or fund raising; 4 (7) The conduct of the special event will not substantially interrupt the safe and orderly movement of pedestrian or vehicular traffic contiguous to the place of the special event; (8j The conduct of the special event will not result in damage to Village owned property or constitute a hazard to the safety of other persons within the immediate vicinity of the event; and (9) No event is scheduled elsewhere in the Village where the Village's resources required for that event are so great that the deployment of resources for the proposed assembly would have an immediate and adverse effect upon the welfare and safety of persons and property. (10) An original certificate of insurance must be supplied to the Village naming the Village as an insured on a policy of liability insurance in an amount not less . than one million dollars. Sec. 7. Notice ot Approval or Deaial. The Village Manager shall act upon an application for a special event permit within fifteen (15) days after � the filing thereof and must notify the applicant of the ��,,�-� i , �f approval or denial of the application within that same ��'� period. If the Village Manager denies an application, a r� � written notice stating the reasons for denial shall be r��'j' sent to the applicant by certified mail, and made available by the Village for inspection within the fifteen day period specified above. � 8ec. 8. Appeal Procedure. Any person aggrieved shall have the right to appeal the denial of a special event permit to the Village Council. The appeal shall be taken within five (5) days of notice of denial. In the event of an appeal to the Village Council, the Council shall act upon such appeal at the next regular monthly meetinq of the Village Council subsequent to the notice of appeal. Sec. 9. Duties of Permittee. The permittee hereunder shall comply with all provisions of this ordinance, other laws and ordinances of the Village, state and federal government, and all permit directions and conditions of the permit. 5 section 10. Possession of Permit. The special event chairman or other person heading or leading such special event shall carry the special event permit upon his person during the conduct of the special event and shall be present at said special event. Bection 11. Revocation of Permit. The Village Manager or his designee shall have the authority to revoke a special event permit issued hereunder upon violation of the provisions herein set forth applicable to special event permittees. In the event a special event is held in violation of the terms of the permit, the permit shall be determined to be null and void and in that event may be immediately terminated. The revocation of a permit may be appealed in the same manner and under the same time limitations as a permit denial. Section 12. Penalties. Any person determined to be in violation of the provisions of this ordinance, not relating to revocation of the permit, shall be subject to the general penalty provisions of the Code of Ordinances of the Village of Tequesta.° Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. TFIE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: 6 6 � F' FOR ADOPTION AGAZNST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\131530RD\SPEVENT 7