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Home My WebLink AboutDocumentation_Miscellaneous_Tab 05_01/19/1994 1 . -- . . . _ _ ---- . . . ---,�..�..� _ :-�,_ -�_-._ , . . . - _ �- _ . �. - - -- a.9 � �x�:56...� eL _fr �. � _ �� / ' ' � -' �. VILLAGE OF TEQUESTA � �/�� Po�t Officc Box 3273 • 357 Tcqucsta Dnvc '�S "`b Tcyuc.�ta, Florida 33ab9-0273 • (407) 575-b200 ; �' f Fax: (d�7) 575•6203 . � s 'o .� . . ��" cou�� December 6, 1993 John C. Randolph, Esq. Jones, Foster, Johnston & Stubbs, P.A. . P.O. Drawer 3475 � West Palm Beach, Florida 33402-3475 RE: Request for Ordinaace Addressing Parades aad Special Events Dear Skip: At the Public Safety Committee Meeting held on December 1, 1993, the Public Safety Committee Members requested that a comprehensive ordinance be drafted addressing and strictly regulating parades and special events. In this regard, please note that since most special events entail some sort of outdoor sales activity, Tequesta has been usinq the provisions of Section X(D)(ly(2) of the 2oning Code to regulate "special events". Special events are to be def ined broadly so as to include the full spectrum of activities, except for garage sales or yard sales in residential districts. The Public Safety Committee wants you to upgrade the current provisions as referenced in the Zoning Code to include provisions for parades, as outlined in the attached draft ordinance, combining the two into one comprehensive ordinance. Whether the ordinance should be a zoning ordinance or regular ordinance is your decision. I have made all of the revisions requested by the Public Safety Committee within the attached draft of the parade ordinance of the Village of Tequesta. In regard to the parade ordinance, please note that Section V(3) needs attention in that I do not think that I have adequately found a way to accommodate a day for the annual Jupiter High School Homecoming Parade. The Public Safety Committee wishes for the comprehensive ordinance addressing special events and parades to include: 1) Clear provisions requiring the applicant to pay for off-duty police and/or firefiqhter, emergency medical technician and paramedic services.. 2) Where applicable, provide the Village with hold hanaless agreements and/or a certificate of insurance indicatinq necessary liability insurance in appropriate amounts and � requirinq Tequesta to be named as an additionally insured. Page 2- 3) Special events and parades must be for or to the benefit of "community social values", local community charitable organizations or local community service organizations. 4) The Public Safety Committee Members want the ordinance to be specific enough to allow applicable Village officials. to operate in a strictly ministerial function so as to cause said officials to deny any application which fails to meet each and every requirement of the ordinance for approval. This way, when an official has followed the requirements of the ordinance, that official cannot be unjustly accused of displaying unbridled discretion. � 5) Any person or organization wishing to appeal the final decisions of Villaqe officials relative to special events and permits, may only appeal the decision to the Village Council. When drafting this requested ordinance, do not hesitate to be restrictive, for that is exactly what is desired. We are particularly interested in discouraging parades, carnivals, circuses, fairs, flea markets and any other event or circumstance not in keeping with the image of a small, primarily residential upper-middle class Village rapidly approaching the Twenty-First Century. Good luck in drafting this ordinance. The Public Safety Committee wishes to meet again after the f irst of the Year. We will move to schedule the next Public Safety Committee Meeting on January 3, 1994. The draft ordinance requested herein should be available for my office to distribute at that time. Should you have any questions regarding this request, please contact me at your convenience. , Sincerely, � . Thomas G .' Bradford Village Manager TGB/krb Attachment c: Village Council, w/attachments Scott D. Ladd, Building Official, w/attachments Carl R. Roderick, Chief of Police, w/attachments �� James M. Weinand, Fire Chief, w/attachments• , �'� 71 . . •� JONES, FOSTER, JOHNSTON & S ,L'7BB�, . �rro�ers �►wo couNSe�oRS c` ' VitLAGE OF � FLAtiLER CENTER TOWEFi �'.: T�pU�STA soa soun+ Fuo�a oave ,J ELEVENTH FLOOR ....• r� �(1c ( � uv+r+r e �x�woea Jd/N MAIR MeC1iACKEN P. O. BOX 3�76 O� � � A 1� � r IJa �� r. uEHrn� STEPMEN J MlCAMV BCOTT L. NcMULIEN WEST PAL1�A BEACH, FLOHIDA 33402-3475 r, �� TrucEr au�c�orn �or+N c. awoa.w+ ' VIItAGE �� ovC� � Cd+w�r .�N ��, c•o>> sa�a000 � MpNAGER'S M�NfURET L C�OpER AMOREW i1O8.4 FAX: (IO�a.�' -� �MJ Ecw�a a�z g��N �. �oTw� �j OFFICE a �e AEBECCAO.00A►tE VETER,lBACNS `� fW�t�M CMRISTOP/IEii S. OYKE 0 dlIVER 9MITN Df �` '_; $COTT O. MAMIfIM9 B�ONEY A STUB83, JR AUl C MIOLFE TNOrtNTON M MEMi�I ALLEN 0. TOMLINSON v I I ��'�p� PETER 9. IWLTp+ JONN 9. TRIMPER , YNIK !. If1,E1NFELD M�� v. wus�+ 1NRITER'S QIRECT UNE: � YICNAEL T. KiIAMZ M. ADAM9 WEAYEF MIWAM A FOSTER Oi COUtyBEL L MARTtN FLANAOAN January 11, 2994 � VIA FABs 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Parade and Special Events Ordinances Our File No. 13153.1 Dear Tom: This is in response to your request for an ordinance addressing parades and special events pursuant to the terms of your letter of December 6, 1993. I have reviewed the draft of the parade ordinance which you have submitted to me and I believe that it is in good €orm for consideration by the Village Council. In response to the requests set forth in your letter of December 6th, please be advised as follows: 1. I note you have included within your draft ordinance a provision at page 3, item 5, requiring the use of off-duty personnel in the event same may be determined necessary by the Chief Law Enforcement Officer. You have further requested that there be a provision requiring the applicant to pay for same. I have modified item 5 to include such a provision, however, please be advised that because of questions relating to freedom of assembly and other constitutionally protected rights, the Village may not always be successful in collectinq said amounts as this provision may be interpreted as havinq a "chillinq effect" on those constitutionally protected rights. Mr. Thomas G. Bradford January 11, 1994 Page 2 2. You have requested that the applicant provide the Villaqe with a hold harmless agreement and certificate cf insurance naming Tequesta as an additional insured. The enforceability of this provision carries with it the same concerns as specified above relating to off-duty public safety services. In the event an organization cannot afford such insurance, an argument may be made as set forth above. However, I have included in the draft ordinance a provision to address this request. Note Section 4, item (2), relatinq to the contents of the application. I have included an addit.ional item (1) which provides as follows: 1) 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 $1,000,000.00. 3. You have indicated that you have attempted to accommodate a day for the annual Jupiter High School homecoming parade. In the event this parade is to occur on a day other than when parades are usually allowed, then I believe you have accommodated providing for said parade in Section 5, item 3. I cannot think of another way of doinq this other than deleting this provision in its entirety so as to require that parade to be held on the same dates as other parades. The difficulty in allowing a provision for this parade which is different from others is a claim by some that you are treatinq this issue differently and that they should be allowed the same opportunity. - 4. There has been a request that special events and parades must be for or to the benefit of "community social values", local community char3table orqanizations or local community service organizations. I do not believe that this provision would stand a constitutional challenge in the event one were made, as the streets and publicly dedicated parks are open to the �public". Additionally, the inclusion of such a requirement within the ordinance may run afoul of the request that Villaqe officials be able to operate in a strictly ministerial function so as to allow the Villaqe to grant or deny any application based on the specific requirements of the ordinance. A determination as to whether or not somethinq relates to "commu�ity social values° leaves room for discretion and will not therefore allow for a strictly ministerial determination. I have not included a requirement that parades or special events relate strictly to local community orqanizations, because of the above, but I am JONES. FOSTER, JOHNSTON d. STUBBS, P.A. Mr. Thomas G. Bradford January 11, 1994 Page 3 prepared to include such language in the appropriate section in the event the Village determines it wishes to so do. 5. You have requested that the ordinance provide that final decisions of the Village officials relating to special events and permits may only be appealed to the Villaqe Council. Your draft parade ordinance indeed provides for such review. You will note that Section 8 on page 6, which provides for such review, also provides that the Village will allow for expedited judicial review. This section is to meet certain requirements of case law which have developed surroundinq the subject of parade permits. 6. You have indicated in your letter that in the past the Village has used Section X(D)(1)(2) of the Zoning Ordinance to regulate "special events". The Zoning Ordinance should not be used for this purpose as the Zoninq Ordinance relates to regulating the use of private properties within the Village. " I believe Section X(D)(1)(2j of the Zoning Ordi�ance�should be used for the specific purpose of regulating the use of private properties. The parade ordinance and the special events ordinance should be separate and apart from the Zoning Ordinance. 7. Finally, you have indicated that the Public Safety Committee would like to see the parade ordinance and the special events ordinance incorporated within one ordinance. I certainly can do that if the Village Council 3s insistent upon it. However, for purposes of discussion I have submitted the special events ordinance separate and apart from the par�de ordinance. Although these subjects do have some commonality, I believe there are enough differences in the two that they should be treated separately for purposes of discussion. If upon review the Village Council wishes to see the subject addressed utithin one ordinance, please advise and I will attempt to acconnnodate this request. Sincer 3.y-;' I ohn . Randolph JCR/ssm . Enclosures . JONES, FOSTER, JOHNSTON S STUBBS. P.A. ORDZNANCE NO. AN ORDINANCE OF THE VZLLA�3E COIINCIL OF THE VILLAGE OF TEQIIESTA, PALM BEACH COIINTY� FLORIDA, PROVIDING FOR THE REt30LATZON OF PARADEB; AIITHORIZZNG THE CHIEF LAW ENFORCEMENT OFFICER TO RECEIVE APPLICATIONS AND IBSIIE PERMITB; PROVIDING STANDARDS FOR ISSIIANCE THEREOF; PROVIDI�TQ REGIILATIONS aOVERNIN(3 TZME, PLACE, AND MANNER THffitEOF; ESTABLISHZNG� PROCEDIIRE FOR APPEAL IIPON REJECTION OF APPLICATZON; REQIIZRING COMPLIANCE WITH PERMIT CONDITIONB; PRESCRIBING PENALTIES FOR T88 VIOLATION OF ITS PROVISIONB; PROVIDINa FOR REPEAL OF ORDINANCES INCON8I8TENT BEREWITB; PROVIDING FOR SEVERABILITY; P1tOVIDZNG FOR CADIFICATION; PROVIDING AN EFFBCTIV$ DATE. WHSR.EAB, the Village of Tequesta acknowledges the constitutional rights to freedom of speech and assembly on the public ways and the public areas within the Village of Tequesta; and WSEREAB, it is the intent of the Village of Tequesta to provide for exercise of those rights in a manner which provides for efficiency of traffic flow and normal operations within the Village; and WSEREAB, it is the intent of the Village to reasonably regulate the time, place and manner in which said rights are exercised and, in so doinq, at all times leave open reasonable channels for exercise of constitutional rights; and WSffitEAB, the Village of Tequesta is a unique municipality located on three peninsulas having limited arterial through streets for vehicular traffic; and WSEREAS, due to the Village's unique geographic make-up and lack of through streets, blockages of its vehicular streets during normal work days cause severe interruptions in the flow of traffic within the Village; and i+TH$REAS, there is an extreme likelihood that interruptions in the flow of traffic within the Village will impede the Village's ability to provide essential services such as fire, police and emergency medical services to its citizens; and WHER$A8, interruptions in the flow of traffic within the Village seriously interfere with the normal commercial operations within the Village; and . WHEREAe, interruptions in the flow of vehicular traffic within the Village seriously-interferes with the ability of the citizens of the Village and members of the general public to pursue within the Villaqe, in a reasonable fashion, normal daily activities; and WSEREAS, the sidewalks and public walks within the Village are available to all persons who desire to exercise their constitutional rights to freedom of speech and assembly. NOW, THEREFf3RE, BE IT ORDAINED BY THE VILLAGE COIINCIL OP THE VILLAGE OF TEQIIEBTA, PALM BEACH COIINTY, FLORIDA, A8 FOI�LOWB: Section 1. Short Title: This Ordinance shall be known and may be cited as the "Parade Ordinance" of the Villaqe of Tequesta. 8ection 2. Definitions. 1) "Chief Law Enforcement Officer" is the Chief Law Enforcement Officer of the Village of Tequesta. 2) "Village� is the Village of�Tequesta. 3) "Paraden is any march or procession (except funeral processions) of any kind within the Village, in or upon any street used for vehicular traffic, which does not comply with normal and usual traffic regulations and controls. � 4) "Parade Permit" is a permit as required by this Ordinance. 5) "Person" is any person, firm, partnership, association, corporation, company, group or organization of any kind. Sectfon 3. Permit Required. No person shall engage in, participate in, aid, form or start any parade unless a parade permit shall have been obtained from the Chief Law Enforcement � Officer. Section 4. Application. A person seeking issuance of a parade permit shall file an application with the Chiaf Law Enforcement Officer on forms provided by such officer. i) Filing Period. An application for a parade permit shall be filed with the Chief Law Enforcement Office not less than seven ( 7) days nor more than thirty ( 3 0) days bef ore the date on which it is proposed to conduct the parade. 2) Contents. The application for a parade permit shall set forth the following information: 2 a) The name, address and telephone number of the person seeking to conduct such parade. b) If the parade 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. c) The name, address and telephone of the person who will be responsible for the conduct of the parade (i.e. parade chairman). � d) The proposed date when the parade is be conducted. e) The proposed route to be traveled, the starting point, and the termination point. f) The approximate number of persons who will constitute such parade. g) The proposed hours when such parade will start and terminate. h) The location of any assembly area for such parade. i) The location of any termination area for such parade. j) The time at which the units of the parade will begin to assemble at such assembly area. k) If the parade is desiqned to be held by, and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Chief Law Enforcement Officer a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf. :•:•:c•:f.•:•:5>•::?......y..,v,.}z;�}i;r,.�:.:.:i�v,.:.x;� ::'.�.:.\Jhft.?:P:.w.m.•y,. 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'fitii?i�h�7:$ii:•="�Ti� :�i+F:T.,,�i,.�.::..•..•��i.i:�i,s:I:h.•:::::::..s��=:`•:: =:��:iTi;i�:?R. .:::}rF. •::::::::.� :::.:::::::::.: •:::.::J.•:: :..::: :� • ..:�:;.yt?:.:..+:.�•:�•.:.:•x•>::•;:?•�:•i:•:ox�: •.: •:..:.. .::::}::::::.}:i:•:}i�{�'K\:•,:�i:::;::if; '�::.i.; ': ;: : y ,...w........`••.•::•:::.:a;::•:;::::.::x•:: :.:::: =:•x:: �:: j }h. �iZ},:,- :_. :�:::�:�;: • :�z�:s�: %�.� ::i�: =);• '�: � �@t::•;:�;- . :::::: � ••;;::•::... ...: :..:.::.... . :...:..........:.:.., ; _ . ;�: •. :. •=_ �:�.s`�..:1.�:�4�:�::`;:?C�33'�:K;.�,�.'�::::::; , 0:�:•�.:; �.::. .;:•,`:C3.�-..��'�..:: •.... ...�.r...,- . :�.::.�:�4:.::::... ...�:::::::•:::: �:: ::::::::::••::....:..�,....-•,•.x : :. :: .....::..,::.�.,,..., , ._.�.:::.>.>..:;::..><..::.•::.•:.. ••,..;�.s-�'.�.�..��.::,:.z::. ,... � • �b•`• .r •:?:;.;:.:. ••,: }.�•:: \,<:','•.:::;:•%; } �....<.:G:.i;:rt@rM:«rtK.`:a:tt.3:ui�:�a::z:.R+.ucr,a,cdx< .+:.:+;::.;♦.,:::;.�:• •:::y.�•:+. cY � ��f1i�4�1�f:=:��:•`.�': , � . � '., . :: ? . �:ii��'�':��:�1i�:•`�i;.,` ; =iiiii; ...... s...a�_<i2:::; :%:?:cfSt'th'C•+:i'L'2t::i�::.:i•:.�r.i::iSt•i::'S2,\'f.S.W`'.7F}.{t4`��:.v>i�n 3�) An administration fee of $10. 3) Signature. The person applying for the permit shall agree in writing to abide by all provisions of this Ordinance and shall sign said Agreement. If the person applyinq is an entity rather than an individual, the 3 . above signature shall be supplied by a duly authorized representative of such entity. 4) Additional Information. The Chief Law EnPorcement � Officer shall require submittal, with the completed application form, written documentation indicatinq that the property owner for any designated point of assembly, starting point or point of termination, consents to the use of his/her private property for such purpose. 5) Off-Duty Public Safety Services. The Chief Law Enforcement Officer shall require applicant to use off- duty police, firefighters, emergency medical technicians . and paramedic services, pursuant to Tequesta Ordinances, whenever such proposed parades require such services as determined by the Chief Law Enforcement Officer or the � 're Chief. ;«.:�::.:-r::.v::.»:.::-�,.,,:. -.�..:,:««�...>�..�,.,...;-:.::<,. ,::.:, Tec�uesta Fi A�� Et�'�:<�<� �. �e x��Oi�� t�x .,:, .,.�,..:-,,:::.;. ....,,.........Q�?::..:. ..... . ....:. ..... ..:. : ::::�:••::i'%>.'%''::: :. iir�.:.a.a+:ii...�.v.ii..a��.�JO'vi////iii .wr.i�'r.'. ::•:,•r,.�t�•r;x•r :::.:.: .: ..... ... ,,..�`'`'��:''��>:<::: �.�±vv`��ifi'�:�"::::��ai�::;;:�e�':�:�es::> :��.:.::;. :� ..:: .::::::...� ...:::::.i�..>:.::.::.>.::.;::.>:_.::.;;..>.:.�.:::::.:�.::�::.:::::::.:�.::.;;.:::: ;:,.:..� ..:;:.:.:::::<:.;: . , . , . , r : : , ., : : : : :. ; , : ,: : ; , : . :.: -: .. >: . ; : :. : .: : : : : : . . . . . . . . . . h . . . . . .. <. . r . , , .. , ... , , ., .. n . . �... . . , ... , . . . . ... . . .. .. <, , .. . , . . , . , „, , . . : . . Section 5. Regulation of Time, Place and Manner of Parade. The following time, place and manner regulations are to apply to all parades held within the Village. 1) Parades shall take place within the parade routes designated herein and described in the attached Exhibit. 2) No animal drawn vehicles shall be permitted within�a parade. 3) Parades shall only be held between the hours of 9:00 A.M. and sunset, and only upon Sundays or National Holidays recognized by the Federal Government of the United States of America; or on Homecoming Day as designated by the Palm Beach County School Board High School serving Tequesta residents. 4) There shall be held within the Village no more than one (1)parade on any given day with priority for any particular day to be granted to the first person to submit a completed application designating that day. 5) The maximum total duration of each parade and the assembly thereof shall be one (1) haur. 6) Parades shall be no more than one-quarter (1/4) mile in length from starting point to termination point. 7) The granting of a parade permit under this Ordinance shall not require the complete blockadinq of streets or intersections to vehicular traffic, and the Village shall be empowered to apportion such streets and intersections 4 for simultaneous use by parade participants and vehicular traf f ic . 8) The carrying or possession by any parade participant of any object which might readily be wielded as a weapon is prohibited within three hundred (300) yards of any parade. Said objects shall include, but not be limited to, any pole or stick of greater than three-quarter inches (3/4") in diameter, object with sharpened edqe(s) or point(s), dirk, metallic knuckles, slingshot, billy, tear gas gun, chemical weapon or device, sword, sword cane, firearm, or electric weapon or device. 9) The carryinq or possession by any parade participant of any object which is constructed of any object which, standing alone, would be in violation of this Ordinance is prohibited within three hundred (300) yards of any parade. 10) Nothing herein shall preclude picketinq or demonstrations .on the public streets, sidewalks or parks of the Village, which is otherwise permitted by state and federal law, and so long as the picketing or demonstration otherwise complies with all Villaqe Ordinances and the picketers or demonstrators are situated in a manner so as not to obstruct, impede, hinder or otherwise interfere with the orderly movement of pedestrian or vehicular traffic. Section 6. Standards of Issuance. The Chief Law Enforcement Officer shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may be otherwise obtained, he finds that: 1) No other applicant has obtained priority for the date requested. 2) The parade 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, startinq points and termination points of the parade will not interfere with the proper fire and police protection of or ambulance service to areas contiguous to such areas. 5) The conduct of• such parade will not interfere with the movement of firefighting equipment en route to an emergency. 5 6) The parade is scheduled to move from its point of origin to its point of termination expeditiously without unreasonable delays en route. 7) The parade is not to be . held for the purpose of advertising any product, qoods or service and is not designed to be held for private profit ar fund-raising. Section 7. Notice of Rejection. The Chief Law Enforcement Officer shall act upon an application for a parade permit within five (5) days after the filing thereof and must notify the applicant of the approval or denial of the application within that same period. If the Chief Law Enforcement Officer denies an application, a written notice stating the reasons for denial shall be sent to the applicant by certified mail and made available by the Village for inspection within the five (5) day period specified above. Sectioa 8. Appe�al Procedure and Judicial Review. Any person aggrieved shall have the right to appeal any denial of a parade 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, the Village shall apply for expedited judicial review of its decision within forty-eight (48) hours. 8ection 9. Notice to Village and Other Officials. Immediately upon the issuance of a parade permit, the Chief Law Enforcement Officer shall send a copy thereof to the Village Manager who shal-1 provide a copy to: lj The Village Council 2) The Village Attorney 3} The Tequesta Fire Chief 4) North County Ambulance 5) The Director of the Department of Public Works 6) Property owner at point of assembly or starting point, if applicable 7) Property owner at point of termination, if applicable. 8ection l0. Duties of Permittee. The penaittee hereunder shall comply with all prov3sions of the Ordinance, all permit directions and conditions and with all applicable laws and ordinances. 6 �ection 11. Possession of Permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade and shall be present at said parade. Bection 12. Public Conduct During Parades. 1) Interference. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person in a parade. 2) Driving Through Parades. No driver of a vehicle shall drive between persons comprising a parade when such persons are in motion and are conspicuously as a parade. 3) Parking on Parade Route. The Chief Law Enforcement Officer shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles alonq a highway or part thereof constituting a part of the route of a parade. The Chief Law Enforcement � Officer shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. 4) Objects readily wielded as a weapon. The carrying by any person of any object which might readily be wielded as a weapon is prohibited within three hundred (300) yards of any parade. Said objects shall include, but not be limited to, any pole or stick of greater than three- quarter inches (3/4") in diameter, object with sharpened edge(s) or point(s), dirk, metallic knuckles, slingshot, billy, tear gas�gun, chemical weapon or device, sword, sword cane, firearm or electric weapon or device. 5) The carrying or possession by any person of any ob�ect which is constructed of any obj ect which, standing alone, would be in violation of this Ordinance is prohibited within three hundred (300) yards of the parade. Section 13. Revocation of Permit. The Chief Law Enforcement � Officer shall have the authority to revoke a parade permit issued hereunder upon�application of the provisions herein set forth applicable to parade permittees. The revocation of a permit may be appealed in the same manner and under the same time limitations as a permit denial. Section 14. Penalties. Any person determined to be in violat3on of the provisions of this Code, not relatinq to revocation of the permit, shall be subject to the general penalty provisions of the Code of the Villaqe of Tequesta. 7 Section 15. Severability. Should any section or provision of this Ordinance or any portion thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the remainder of ttiis Ordinance. Section 16. Ordinances Repealed. All c?rdinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. Codification. This Ordinance shall be codified as part of the Code of Ordinances of the Village of Tequesta. Section 18. Effective Date. This Ordinance shall take effect immediately upon passage and approval, as provided by law. THE -FOREGOING ORDINANCE WAS OFFERED BY Councilmember who moved its adoption. The motion was seconded by Councilmember � , and upon beinq put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of A.D., 1994. Mayor of Tequesta Ron T. Mackail A�EST: Joann Manganiello Village Clerk . 8 E%HIBIT "A" The parade routes referenced in Section 5, Paragraph (1), hereof shall be as follows: 1) Bridge Road - North lane to western termination. 2) Tequesta Drive - North two lanes to intersection with Old � Dixie Highway. 3) Tequesta Drive - South two lanes from intersection of Old Dixie Highway to intersection with U.S. Hiqhway One. 4) Old Dixie Highway - Southbound lane(s) from intersection of Tequesta Drive to Town of Jupiter corporate boundary. 5) Old Dixie Highway - Northbound lane(s) from Town of Jupiter corporate boundary to the intersection with Tequesta Drive. JCR\131530R0\PARADE.ORD 9 ORDINANCE NO. AN ORDINANCE 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 NOTICE OF APPROVAL OR DENIAL; PROVIDING PROCEDURES FOR APPEAL; PROVIDING FOR REVOCATION; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING F.OR 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 Village 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 requlations relatinq to the use of public ways and places within the Village for special events to read as follows: nBeC. 1. ShOrt Title. This Article shall be known and may be cited as the nSpecial 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 building 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. Nathing 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, forua or start any special event, unless a special event permit shall have first been obtained from the Village Manager or the Village Manager's designee. 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) Filina. 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; (hj The approximate number of participants and spectators; (i) A detailed description of the activity or activities, including �hether or not the event requires support facilities such as traffic control, parking volume, crowd control; (j) The naiae of the applicant�s insurance company for the event. The Village shall be named as an insured on a policy of liability 3nsurance 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 followirag regulations shall apply to all speci�l events held with�n 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 maximwn total duration of each special event and the assembly thereof shall be three (3) hours. (3) Any signs, props or displays used in conjunction witYa the special event must be removed immediately after the time permitted for the special event has expired. ( 4) The use of banners, f lags ( other than f laqs 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 blockadinq 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 persons and/or vehicles at the special event will not interfere unduly with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly area or other areas of the Village. (8) There are sufficient parkinq 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. 8ec. 6. Stnndards 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; t3) 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. (6) The special event is not being held for the purpose of advertisinq 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; (8) The conduct of the special event will not result in damage to Village owried 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. Bec. 7. Notice of Approval or Denial. 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 � approval or denial of the application within that same period. If the Village Manager denies an application, a written notice stating the reasons for denial shall be sent to the applicant by certified mail, and made available by the Village for inspection within the fifteen day period specified above. Bec. 8. Appeal Procedure. Any person aggrieved shall have the right to appeal the denial of a special event permit to the Villaqe � 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 appea.l at the next regular monthly meeting 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 , 8ection 10. Possession ot Permit. The special event chainaan or other person heading or leading such special event shall carry the special event permit upan his person during the conduct of the special event and shall be present at said special event. section 11. Revocation ot Permit. The Village Manaqer 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 penait shall be determined to be null and void and in that event may be immediately terminated. The revoca�ian 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. Al1 other ordinances of the Village of Tequesta, Flarida, 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. E�fective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember . , who moved its adoption. The Ordinance was seconded by Councilmember and upon beinq put to a vote, the vote was as follows: 6 , . FOR ADOPTION AGAINST 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