(a) Permits for Special Events. It shall be unlawful to organize, conduct or participate in any Special Event on the streets of the City or any public or private property unless a permit for such Special Event has been issued by the City Manager or designee.
(b) Definition.
Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park or other place or building where the Special Event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by the general public. A Special Event shall include but not be limited to city co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand opening promotions, and other similar events not specifically permitted by City Ordinance. Merchandise sales under a tent on private property which have no other related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event permit; however, applicant must still obtain the proper Special Sales Event Approval (ref. Part III LDR Ch. 2, V. 4) and Building Permit, if applicable. City events, and events produced in partnership with the City, may receive a permit waiver by the City Manager or designee.
Special Event Handbook. A publication issued by the City of Boynton Beach entitled “Special Event Handbook” sets forth procedures for the application process and City requirements for Special Events. This booklet may be amended from time to time by the City Manager or designee; however Special Event Permit Fees shall be established and amended by resolution of the City Commission.
(c) Application for a special event permit.
(1) Any person, business, or organization seeking to conduct a Special Event in the City shall file an application with appropriate fee on forms provided by the city. A fee will be charged for events which are canceled.
(2) All information solicited on the Special Event permit application form must be provided by the applicant. Incomplete information may result in denial of the permit application.
(3) The City Manager or designee reserves the right to waive application filing deadlines on a case by case basis.
(d) Standards for issuance of permit. A Special Event permit shall be issued unless:
(1) The application is not complete in all material respects and all information contained therein accurate within the knowledge of the Applicant;
(2) All of the conditions set forth herein, and all contractual requirements imposed by the City, if any, have not been or will not be met;
(3) The Special Event will interfere with or unduly burden the City’s provision of municipal services to the community including, but not limited to, police, fire and emergency medical protection, water and sanitary sewer service, risk, and solid waste removal;
(4) The appropriate fees have not been paid.
(e) Conditions for permit. All Special Event permit applications approved pursuant to this article shall be subject to the following conditions:
(1) The public area utilized shall be cleaned up following any Special Event and in all respects restored to its former condition. A refundable security bond, or similar financial pledge, may be required in amount to be determined by the City Manager or designee, to ensure that any damage is repaired and the premises returned to its previous condition.
(2) The use or construction of platforms, chairs or other equipment may be prohibited or restricted by the City Manager or designee, if such would result in permanent damage to City property or constitute a hazard to public safety.
(3) A detailed site plan shall be submitted showing the locations of any tents, port-o- lets, parking lots, stages, booths, and the like, and the time periods for set up and break down of the event. This plan shall be subject to review and approval by city staff.
(4) Indemnification and insurance, listing the City as an additional insured, shall be provided as required by the City.
(5) Unless extended by the City Manager or designee, all permits necessary to conduct the Special Event shall be obtained and copies thereof provided to the City not less than 5 business days prior to the first day of the event.
(6) The need for a City employee at the Special Event will be determined by the City Manager or designee.
(f) Enforcement/penalty. It shall be unlawful to operate or hold any Special Event in the City without compliance with this section. Failure to comply with this section shall be deemed a violation of the city code punishable by up to a $500 fine and/or 60 days in the county jail.
(g) Right to deny issuance, revocation; right of appeal. The City may refuse to issue, reissue or revoke any Special Event permit which violates any portion Section 13-20. An applicant whose Special Event permit has been denied or revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the City Manager for review.
(Ord. No. 94-15, § 1, 6-21-94; Ord. No. 95-22, § 2, 7-5-95; Ord. No. 98-37, § 1, 10-20-98; Ord. No. 01-19, § 1, 4-17-01; Ord. No. 03-025, § 1, 6-17-03; Ord. No. 12-012, § 2, 7-3-12; Ord. No. 15- 015, § 3, 6-16-15)