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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 03_12/01/1993 � a � � � VILLAGE OF TEQUESTA '� Post Office Box 3273 • 357 Tequesta Dnvc �_ Tcyucsta. Florida 33469-0273 • (40'n 575-6200 . ; ' ' Fax:(407)575-6203 . � ; ` o ` � C M fOUM� MEMORANDUM: TO:� Scott D. Ladd, Building Official �—' i FROM: Thomas G. Bradford, Village Manager ��„��,� � DATE: November 1, 1993 SUBJECT: Autbority to Permit Parades; Parade Permit Ordinaace Thank you for providing me with a copy of the permit, copy attached, that you issued to the JTAA to hold their 17th Annual Christmas Parade. The reason that I made inquiries as to your authority for permit issuance was due to the fact that we are experiencing an increasing number of problems associated with parades in the Village. �The authority that you referenced in the issuance of a permit to the JTAA has no applicability to parades. Section X(D) applies only to garage sale, carport sale, yard sale, flea market, outdoor sale or other similar activities. I believe that a public parade is not a si.milar activity. Public parades typically involve no commerce or commercial transactions, as is typical in the authority granted unto you in Section X(D). At any rate, the primary concern in the regulation of a public parade has to do with motor vehicles, traffic and public safety, which, in this instance, falls under the purview of the local law enforcement agency. By copy of this memorandum to the members of�the Village Council, I would like to take this opportunity to express the need for a Tequesta Parade Ordinance. Appearing below is a list of the problems we'have recently encountered with parades in the Village; 1) Tenants at properties impacted by the parade have complained of : a) commercial activity negatively impacted b) parking spaces are unavailable for those persons desiring to conduct commercial activity 2) Property owners/landlords requiring parade holders to secure certificates of insurance and/or hold harmless aqreements in order to utilize private property for assembly/disassembly. r�MO: s�ott c. Ladd Page 2- 3) Number 2 above has caused parade holders to consider points of . assembly within residential aress, a precedent which is to be avoided. 4) The size of parades is growing. it is now takinq a minimum of thirty (30) minutes for a parade to pass a single point. This is an impediment to the free flow of commerce and a potential � problem in the maintenance activities of local government pertaining to the health, safety and welfare of the general public. 5) Expenditure of overtime funds for manpower needed to cover parades. - Attached is a draft ordinance regulating parades in Tequesta for your review and comments . The initial reaction may be that this is unnecessary but, recall the recent turmoil within the Town of Palm Beach relative to the parade conducted by the Rlu Rlux Rlan which could not be denied. Furthermore, think of any organization which is personally distasteful to you and then realize that they cannot be denied the riqht to conduct a parade within the Village and that, under the existing lack of ordinances in this regard, such an organization could conceivably conduct a parade on residential streets of the Village, including the one on which you reside. Two organizations conduct parades in the Village with frequency. This is the Jupiter High School Homecoming Parade and the JTAA Christmas Parade. The proposed requlation of time, place and manner of parades has attempted to accommodate their past activity. This ordinance draft is not perfect and needs your input and that of the Village Attorney prior to taking formal action at a Village Council Meeting. Therefore,�I will schedule this ordinance for a review by the Public Safety Committee at one of their upcoming ' meetings. In the interim, any of your comments will be appreciated. Mr. Ladd, please cease and desist issuing permits for parades under the authority granted to you by Section %(D) of the Zoning Ordinance. Oversiqht and coordination of parade activities falls under the purview of the Chief of Police. In the event that a parade holder proposes to conduct outdoor sales on private or public property in conjunction with a parade, then in that event, the Chief of Police shall direct the applicant to the Building Official for consideration of a permit pursuant to Section X(D) of the 2oninq Ordinance, but the informal overview of the parade itself shall continue to be the responsibility of the Chief of Police, until such time as an ordinance is adopted to regulate the - same. TGB/krb , MEMO: Scott D. Ladd Pags 3- Attachments c: Village Council w/attachments John C. Randolph, Villaqe Attorney, w/attachments Carl R. Roderick, Chief of Police, w/attachments James M. Weinand, Fire Chief, w/attachments r�� viLLAGE OF TEOUESTA 3S7 TEQOE8TA DRIV �,,� ,:^� P. 0. 80X 327 �` "�(:1, TEQUESTA. FL �l6 9 r � ' � ( 407> S7S-5 0 !�Q ��f '� �� . �� a � �. O � : DATE. _ �I . . � �l�� N0. �' � L�. , �� :. ���E' s �' APPLICATION FOR P �TJr- TEMPORBRY OOTDOOR BDSINESS, DATE OF SALE/ EVENT: �C / �_ HOURS: FROM I� TO� _ SPONSORING ORG. : CJ4�D���/ �U�Sr.rt ��L �'/C /��SD� t�AME/TSTLE OF FERSGti _��1,���'� �CS�¢-,2,�a DIRECTING SALE/EVENT: MAIL ING ADDRESS: li �� � �l�GlI07.� F-K� _ D�� �L,. 33�8' z�. No. ���lo- �7a-a- l� �91i 7G Sa- K� PROCEEDS TO HE USED FOR: LOCATION OF SALE/ EVENT: �}/Ati'Z�N?1�,� �. /�(pvy�/1 � T�Qu�STif� �2 DESCRIPTION OF / 7� �77rrYUAL� I%�A �71��/STi�l�S '�f�2� � SALE/EVENT: N O T � : NOTE: APPROVAL FROM PROPERTY OWNER MUST BE PROVIDED IF OTHER TF. APPLICANT. Please note that no tee shall be chdrered t'or said permit, however. r. more than two �2) perAits shall be �s�ued to anp one address, prape: legal description, property owner, or orcanization during any sinc calendar year. . � - Advertising signs are permitted ONLY on the property having the �a� All sale sites shall be left in a, clean and orderlp maru►er uF completion o� sale. SIGNATQRrs OF APPLICBbiT: ��-- �c�iYL�K.� /D/o`�l� DAT� io-a8-93 , DATE APPROVED B LDING OFFICIAL cc: t APPLICAii1T) ( FILE) ( VILLAGE MANAGER) ( POLICE DEPT. ) ' ORDIN�NCE N0. P►A1 ORDIN�NCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUEST�, P�LM BEACH COUNTY, FLORIDA, PROVIDING FOR THE RBGULATION OF PARJIDES; �UTHORIZING THE CHIEF LAW ENFORCEMENT OFFICER TO RECEIVE APPLICATIONS � �ND ISSUE PERMITS; PROVIDING ST�NDARDS FOR ISSWINCE THEREOF; PROVIDING REGULATIONS GOVERNING TIME, PLACE, �ND MANNER THEREOF; ESTABLISHING PROCEDURE FOR APPEAL UPON REJECTION OF �PPLICATION; REQUIRING COMPLIANCE WITH PERMIT CONDITIONS; PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS; PROVIDZNG FOR REPEIIL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR SEVERIIBIL2TY; PROVIDING FOR CODIFICATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village of Tequesta acknowiedges the constitutionai rights to freedom of speech and assembly on the pubiic ways and the pubiic areas within the Viilaqe of Tequesta; and ' WHEREAS, it is the intent of the Viliage of Tequesta to provide for exercise of those rights in a manner which provides for efficiency of traffic flow and normal operations within the Viilage; and WHEREAS, it is the intent of the Viilaqe to reasonabiy requlate the time, piace and manner in which said rights are exercised and, in so doinq, at aii times leave open reasonable channels for exercise of constitutional riqhts; WHEREAS, the Viilage of Tequesta is a unique municipality iocated on three peninsulas havinq limited arteriai through streets for vehicular traffic; WHEREAS, 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 Viliaqe; • WHERF.I�S, .there is an estreme likelihood that interruptions in the flow of traffic within the Viilage wili impede the Village's ability to provide essential sesvices such' as fire, police and emergency medical services to its citizens; WHEREAS, interruptions in the flow of traffic within the Villaqe seriously interfere with the normai commercial operations within the Village; WfiERE11S, interruptions in the fiow of vehicular traffic within the Villaqe seriousiy interfere with the ability of the � citizens of the V131aqe, and members of the qenerai pubiic, to pursue within the Viilaqe, ia a reasonabie fashion, normal daiiy activities; and • t�1tiERF.�►S, . tha sidewalks and public walks within the , Villaqe are avaiiable to all persons who desire to eaercise their constitutional rights to freedom of spsech and assembiy; • I�W THEREFORE, BE IT ORDAINED BY THfi VILLAGB CAUNCIL � OF THfi VILL�GE OF TEQUEST71, FLORIDI�, AS FOLLOWS: Section 1. Short Title. This Ordinance shall be knaum and may be cited as the "Parade Ordinance a= the Viliage of Tequesta." Section 2. r�+finitioas. (1) "Chief Law Enforcement �fficer" is the Chief Law Enforcement OfficPr of th,a Villaqe of Tequesta. � - 2 - (2) "V111eg9" 13 th9 V111�99 of Tequesta. (3) "Parade" is any �arch or procession (except funeral processions) of any kind within the Viilage, in or upon any street used for vehicular ' traffic, which does not comply with normal and usual traffic requlations snd controis. (4) "Parade Permit" is a permit as required by this . Ordinance. (5) "Person" is any person, firm, partnership, association, corporation, company, group, or orqanization of any kind. Section 3. Permit Required. No persoa shall enqage in, participate in, aid, form or start any parade unless a parade permit shail have been obtained from the Chief Law Enforcement Officer. Section 4. Appiicatioa. A person seeking issuance of a parade permit shali file an application with the Chief Law Enforcement Officer on forms provided by such officer. (1) Filinq Period. An application for a parade permit shall be filed with the Chief Law Enforcement Off�icer not iess than seven (7) days nor more thass thirty (30) days before the date on which it is proposed to conduct the garade. '(2) Contents. The application for a parade permit shaii set forth the foilowinq information: (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 organizatioa, the name, address and telephone number of the headquarters of the organizatioa and of the, authorized and responsible heads of such organization; (c) The name, address and telephone of the person who wiil be responsibie for the conduot of the parade (i.e. parade chairman); (d) The proposed date when the parade is to be conducted; (e) The proposed route to be travelied, the . startinq point, and the termination point; (f) The approsimate number of persons who will constitute auch parade; (g) The proposed hours when such parade wiii start and terminate; (h) The location of any assembip area for such parade; (j) The time at which the units of the parade wiil begin to assembie at such assembiy area; - 3 - � (k) if the perade is desiqned to be held by, and on behalf of or for, any pareon other than the applicant, the applicant for such permit shall lile with the CAief Law Enforcement Officer a communication in writinq from the peraon proposinq to hold the parade, authorizinq the applicant to apply for the permit on his behalf; (1) An administration fee of S10. (3) Siqnature. The person applyinq for the permit shali agree in writinq to abide by ail provisions of this Ordinance and shaii aiqn said aqzeement. if the person appiying is an entity rather than an individual, the above signature shall be supplied by a duly authorized representative of such entity. �. � � •J � ' (4) Additional Information. The Chief Law � Enforcement Officer shall require submittal, with the compieted application form, Qf.-written documentation indicating 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. Section 5. Regulation of Time, Place and Manner of Parade. The foliowing time, place and manner requlations are to apply to ali parades heid within the Viilaqe. (1) Parades shaii take place within the parade routes designated herein and described in the attached Exhibit. . (2) No s�iimsl 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; ar national hoiidays recognized by the federai government of the United States of America; or on �. ----� � Homecoming Day as designated by the Palm Beach ��-- County School eoard 8igh School serving Tequesta ° ° residents. � (4) There shall be heid within the Viliage no more than one (1) parade on any given dap, with priority for any particular day to be granted to the first person to submit a compieted appiication designatinq that day. (5) The maximum totai duration of each parade and the • assemb�y thereof ahail be two hours. (6) Parades shail be no more thaa one-quarter (1/4) mile ia length from starting point to termination point. (7) The granting of a parade permit under this Ordinance shali not require the complete biockading of streets or intersections to vehicular traffiC, and the Villaqe shall be empowered to apportion such streets a�nd intersections for si�eu3taneous use by parade partic?pants and vehicular traffic. - d - (8) The cerryiny or possession by any parade perticipant of any ob�ect which might readily be wieided ae a weapon !e prohibited within three hundred (300) yarda of any parads. Said ob)ecta ahail include, but not be li�ited to, sny: pole or stick of greater than three-quarter inchea (3/4") in diameter, object with sharpened edge(a) or point(s), dirk, metallic knuckles, sllnqshot, biily, tear gas qun, chemicai weapon or device, sword, sword cane, firearm, or electric weapon or device. (9) The carryinq or possession by any parade participant of any ob�ect which is constructed of any object which, standinq alone, would be in violation of this Ordinance is prohibited within three hundred (300) yards of any parade. (10) Nothing herein shall preciude picketiag or demonstrations on the pubiic streets, sidewalks or parks of the Viliage, which is otherwise permitted by state and federal law, and so long as the picketing or demonstration otherwise compiies with ail Viilage ordinances and the picketers or demonstrators are situated ia a manner so as not to obstruct, impede, hinder or . otherwise interfere with the orderly movement of pedestrian or vehicular traffic. Sectioa 6. Standards for 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 �ay be . otherwise obtained, he finds that: , (1) No other appiicant has obtained priority for the date requested; (2) The parade appiicant has aqreed in writinq to abide by ali provisions set forth in this Ordinance; (3) Ali required informatioa is set forth in the appiication and is in accordance �ith al� provisions set forth in this Ordinance; (4) The concentration of perso:us and vehicles at assemb2y 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 wili not interfere with the movement of fire fiqhtiaq equipaient ia route to a fire or the mavement of emerqency medical services equipme�nt ia route to an emergency; (6) The parads is scheduled to mave fram ita point of origin to its poiat of terminatioa espeditiousiy without unreasonable delays in route; (7) The parade is not to be heid for the purpose of advertiainq any product, goods or service, and is not designed to be held for private profit or fund raising. - 5 - Section 7. Notice Of Re�ection. The Chief Law Enforcement Officer shall act upon an appiication for a parade permit within five (5) days after the filing thereof and muat aotify the appiicant of the approval or- denial of the appiication within that eame period. if the Chief Law Enforcement Ofticer denies an appiication, a written notice stating the reasons for denial shall be sent to the appllcant by certified mail, and made available by the Viilaqe for inspection, within the five (5) day period specified above. Section 8. Appeal Procedure and Judiciai Review. Any person agqrieved shail have the right to appeai any denial of a parade permit to the Village. The appeal shall be taken within five (5) days of notice of denial. In the event of an appeal to the Village, the Villaqe shall apply for expedited judiciai review of its decision within forty-eight (48) hours. Section 9. Notice to Village and Other Officiais. immediately upon the issuance of a parade permit, the Chief Law Enforcement Officer shali send a oopy thereof to the Viilage Manaqer who shall provide a copy to: (1) The Village Council; ��N� (2) The Viilage Attorney; • . — ---_. /�� �~-� �3�e apgropriate person charged with fire � . protection within the Villaqe.� - --��-- -� (4) North County Ambulance; (5) The Director of the Department of Pubiic Worka. (6) Property owner at point of assembiy or starting point, if appiicable. (7) Property owner at point of termination, if appiicabie. . ' Sectioa 10. Duties of Permittee. The penaittee hereunder shall comply with all provisions of the Ordinance, all permit directions and conditions, and with ail appiicabie iaws and ordinances. Section 11. Possession of Permit. ' ' The parade chairman or other person heading or leading such activity shaii carry the parade permit upon his person during the conduc� of the parade and shali tie present at said parade. . Section 12. Public Conduct During Parades. (1) Interference. No person shali unreasonably hamper, obstruct, or impede, or interfere with any parade or parade assembiy or with any person ia a parade. (2) Driving Throuqh Parades. No driver of a vehicie shall drive between persons comprisinq a parade when such persons are in aiotion and / are conspicuously designated as a parade; - 6 - (3) Parkinq on Parade Routo. Tne Chief Law Enforcement Officer ahail have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicies along a highway or part thereof constitutinq a part of the route of a parade. The Chief Law Enforcement Officer ahall post signs to such effect, and it shall be unlawfui for any persoa to park or leave unattended any vehicie in violation thereof. (4) Objecta readily wielded as a weapon. The carryinq by any person of any object which might readily be wieided as a weapon is prohibited , within three hundred (300) yards of any parade. , Said ob�ects shail include, but not be limited to, any: pole or stick of qreater than three- quarter inches (3/4") in diameter, object with sharpened edqe(s) or point(s), dirk, metallic knucklea, slingshot, billy, tear qas gun, chemicai weapoa or, device, sword, sword cane, firearm, or electric weapon or device. (5) The carrying or possession by any person of any object which is constructed of any object which, standinq aione, wouid be in vioiation of this Ordinance is prohibited within three hundred (300) yards of aay parade. Section 13. Revocation of Permit. The Chisf Law Enforcement Officer shall have the suthority to revoke a parade permit iasued hereunder upon appiication of the provisions hereia set forth appiicabie 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. My person determined to be in violation of the provisions of this Code, not relating to revxation of the permit, shail be subject to the qeneral gsnalty provisions of the Code of the Viilage of Tequesta. Section 15. Severability. Should any section or provision of this Ordinance or any portion thereof be deciared by a Cowct of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 16. Ordinances Repealed. l�ll ordinances or parts of ordinances in confiict herewith are herby repealed. Section 17. Codification. This Ordinance shall be codified as part of the Code of Ordinances of the Viliage of Tequesta. Section 18. Effective Date. This Ordinance shaii take effect immediately upon passaqe and approval, as provided by law. - 7 - THE FOREGOING ORDIN�NCE was offered by Councilmember , who awved its adoption. The Ordinance was seconded by Councilmember , and upon beinq put to a vote, the vota was as follows: The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991. FOR ADOPTION �GAINST ADOPTION MAYOR OF TEQUESTA .r-_ -- ' - --- Joseph N. Caprett� ATTEST: • -�Bill C � Kascavel,j s _ ` Viilage Clerk EXHIBIT "A" The parade routes referenced in Section 5, Paragraph (1), hereof shall be as foliows: � 1. 8ridge 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 Hiqhway to intersection with U.S. Highway One. � 4. Oid 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.