(A) The standards or criteria used by the City Manager during the permit review process vary depending on the type of event. Under no circumstances will the City Manager use the content or message of the event when deciding whether to grant or deny a permit for a special event on city-owned property, a special event on non-city owned property, parade, block party, or demonstration. The City Manager shall treat all applicants uniformly in a just, fair, and nondiscriminatory manner, bearing in mind that the time, place, duration, and manner of the proposed uses shall be subordinate to the public health, safety, and welfare. The criteria provided below for each type of event shall be used by the City Manager in determining whether the proposed activity is best suited for the time, place, and manner.
(1) Special events on city-owned property.
For special events on city-owned property, the City Manager will take the following into consideration when determining whether to issue a permit:
(a) The demands that the event will place on city services and the expenses associated with traffic, parking, and clean up.
(b) The availability of city facilities at the time of the proposed event.
(c) The existence or interference with another event with an already existing valid permit.
(d) The compatibility with the surrounding area.
(2) Parades. For parades, the City Manager will take the following into consideration when determining whether to issue a permit:
(a) Whether the parade will substantially interrupt the safe and orderly movement of other traffic near its route.
(b) Whether the parade will place such a burden on the Police, Fire, and Public Works Departments that they would be unable to provide normal services for the remainder of the city.
(c) Whether the parade route will prevent the Police and Fire Departments from providing emergency services to surrounding properties.
(d) Whether the collection of parade participants, animals, and vehicles in the assembly and disbanding areas will interfere with the Police and Fire Departments from providing emergency services to the surrounding properties.
(e) Whether the event will conflict with a previously scheduled event that is scheduled to either occur at the same time and place; or occur at the same time and at a location that will be interfered with if a second permit is issued.
(3) Block parties. For block parties, the City Manager will take the following into consideration when determining whether to issue a permit:
(a) The event is closed to the public.
(b) No commercial activity of any kind is to be conducted on the public street, sidewalk, or other right-of-way while the block party is in progress.
(c) No conflict exists with the noise provisions listed under Title IX, Chapter 92, Palm Bay Code of Ordinances.
(d) No admission fee is charged or solicited.
(e) No alcohol is sold on the street, sidewalk or other right-of-way.
(f) The street is not an arterial road, or a collector road as defined by Fla. Stat. § 334.03.
(4) Demonstrations. To preserve the citizens' right to First Amendment expression, this section sets forth rules governing the permitting of demonstrations. The permit requirements for a demonstration are designed to protect the health, safety, and welfare of those participating in demonstrations or affected by demonstrations while ensuring the prevention of any censure of messages. For demonstrations, the City Manager will take the following into consideration when determining whether to issue a permit:
(a) The location of the demonstration.
(b) Whether the grouping of people at the chosen location will prevent the ingress and egress to property.
(c) Whether the demonstrators will be able to follow all other applicable laws at the chosen location.
(d) Whether grouping of people at the chosen location will prevent the Police and Fire Departments from responding to emergency situations in the surrounding area.
(5) Special events on non-city-owned property. For special events on non-city-owned property, the City Manager will take the following into consideration when determining whether to issue a permit:
(a) The location and duration of the special event and the ability of the city to accommodate or respond to the event with necessary resources.
(b) The impact of the special event on the traffic, security, health and safety of the public and the plans of the applicant to address such impacts that include but are not limited to planned access, parking area, restroom and/or portable toilets and adequate crowd control.
(c) The existence or interference with another event with an already existing valid permit.
(d) The compatibility with the surrounding area.
(B) Denial or rejection of a special event permit application. The City Manager may reject or deny a permit application on one or more of the following grounds:
(1) Failure to submit an application within the time periods outlined in § 119.05 of the City of Palm Bay's Special Events Ordinance.
(2) The application is not executed properly or is incomplete.
(3) The application contains material misrepresentation or fraudulent information.
(4) The applicant owes the City of Palm Bay money from another event, services provided or damages to city property.
(5) The City Manager has already received a completed application and given preliminary approval for the same date and/or space.
(6) If the use or the event would conflict with previously planned programs organized and conducted by the city or non-governmental agencies previously scheduled for the same time and place.
(7) The applicant does not comply with all applicable city ordinances, traffic rules, park rules and regulations, state health laws, fire codes and liquor licensing regulations.
(8) The use or event proposed by the applicant would present an unreasonable danger to health or safety of the public or applicant.
(9) If the applicant cannot comply with applicable local, state and federal license requirements for all or part of the planned event.
(10) If the use or event is prohibited by law.
(Ord. 2008-60, passed 10-16-08; Am. Ord. 2019-09, passed 2-7-19)