For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK PARTY. Any event that is held on a public right-of-way less than one-fifth (1/5) mile in length that is inhibiting the flow of traffic.
CITY-OWNED PROPERTY. All property controlled by the city, when owned in fee simple, leased or rented. This does not include property in which the city's only interest is an easement.
CITY MANAGER. The individual appointed, pursuant to Section 4.01, et seq., of the City Charter of the City of Palm Bay, as its chief executive, or his or her designated representative.
DEMONSTRATION. Any lawful assembly, picket, picket line, picketing, pamphleteering or other event organized or held for political, religious or other First Amendment related purposes in which the speech involved goes to the heart of the democratic process. A demonstration shall include such marches or processions that may occur on a public street, alley, or sidewalk where the participants will be following the normal and usual traffic regulations or controls and shall not be blocking the ingress or egress to surrounding properties. An unlawful demonstration is not included in the definition herein (See Adderley v. Florida, 385 U.S. 39, 87 S. Ct. 242 (1966)).
PARADE. Any march, procession, race, or other similar activity consisting of persons, animals, vehicles or things, or combination thereof, upon any public street, sidewalk, alley, or other public place, which requires a street closing or otherwise requires the stopping or rerouting of vehicular traffic because the participants will not utilize normal and usual traffic regulations or controls. Funeral processions are not included in the definition of a parade.
PERMIT HOLDER. The person, organization, or entity once its permit has been approved by the City Manager for a specific event.
PICKET, PICKETING or PICKET LINE. A line of protestors organized with the purpose of intercepting outsiders with whom the protestors are at variance.
SOUND AMPLIFICATION. The act of increasing the volume of sound by using radios, stereos, CD players, DVD players, microphones, drums, turn tables, audio or visual equipment, electronic devices, musical instrument, sound equipment, television sets, interior or exterior speakers, loudspeakers, bullhorn, or any other similar device.
SPECIAL EVENT. Any sale, grand opening, photo shoot, party, holiday celebration, bazaar, concert or other performance, fair, carnival, tent revival, fundraising event, art festival, race, tour, rally, parade, bicycle run, demonstration, contest, exhibition, block party, outdoor display or similar event or occurrence, including the use of tents, or other devices or structures to conduct, advertise or promote any such event occurring on city or non-city-owned owned lands or in a public right-of-way such as a public or non-public street, shared-use path, or other public place or building, parking lot, vacant lot, where the event would substantially inhibit the usual flow of pedestrian or vehicular travel or which occupies any public area or building so as to preempt use of said area by the general public for its intended use or which deviates from the established use of said area or building, but such term does not include the following:
(1) An event or function held within or on the grounds of a private residence or on the common areas of a multifamily residential development, and which event or function is of private and nonprofit nature; or
(2) Any use or activity specifically approved by a development permit issued by the city or specifically permitted by the Land Development Code.
SPECIAL EVENT ON CITY-OWNED PROPERTY. A special event which is to be held on city-owned property not including city-owned property that is already regulated by Chapter 36 of this Code.
SPECIAL EVENT ON NON- CITY-OWNED PROPERTY. A special event held on property not owned by the city in a non-residential area, where the event substantially inhibits the usual flow of pedestrian or vehicular traffic on the surrounding property or the event is expected to attract fifty (50) or more persons.
(Ord. 2008-60, passed 10-16-08; Am. Ord. 2019-09, passed 2-7-19)