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(A) Each permit holder shall comply with all requirements of this chapter, the permit directions, and with all other applicable laws.
(B) Each permit holder of a special event, parade, or block party is responsible for all of the following costs when applicable:
(1) Providing for traffic control devices and city equipment for the special event, parade route or block party;
(2) Providing for traffic control personnel, whether on duty or on overtime; and
(3) Cleaning up after the special event, parade, or block party.
(C) When reviewing the application for permit of a special event, the City Manager shall determine the number of city employees, traffic control devices, and city equipment reasonably necessary to control traffic around the special event. The City Manager will consider the following factors in assessing the estimated traffic control costs:
(1) The location of the special event.
(2) The number of anticipated participants in the event.
(3) The amount of available parking around the event.
(4) The day and time of event.
(D) When reviewing the application for permit of a parade, the City Manager shall determine the number of city employees and traffic control devices reasonably necessary to control traffic around the special event. The City Manager will consider the following factors in assessing the estimated traffic control costs:
(1) The route and the identification of roadways that cross through or feed into the proposed route.
(2) The number of anticipated participants and vehicles in the event.
(3) Identification of other roadways, or public transportation and emergency vehicle routes that may be affected by the parade.
(4) Length of the route and the identification of the number of intersections along the route that will require barricades or traffic control personnel.
(5) Whether intersections must be individually barricaded or whether police officers can be assigned to move along with the event.
(6) The date and time of the event.
(7) The volume of vehicular and pedestrian traffic typical on and along the route for the time of day, day of the week and time of the year for the proposed route.
(E) When reviewing the application for permit of a block party, the City Manager shall determine the number of city employees and/or traffic control devices and/or city equipment reasonably necessary to control traffic around the block party. The City Manager will consider the following factors in assessing the estimated traffic control costs:
(1) The location of the block party.
(2) The number of anticipated participants in the block party.
(3) The day and time of event.
(F) The cost of each city employee shall be set in accordance with all applicable employment agreements or other city ordinances.
(G) The cost of traffic control devices shall be set in accordance with accepted city policy.
(H) The cost of city equipment shall be set in accordance with accepted city policy.
(I) Traffic control personnel, devices, and other city equipment shall be in an amount sufficient to adequately safeguard the flow of both participant and nonparticipant traffic to minimize congestion, as determined by the City Manager as recommended by the Police and Public Works Departments. Any additional costs for police personnel deemed necessary to provide security due to the nature of the event will not be assessed to the permit holder.
(J) The permit holder shall obtain approval of the traffic control plan described above by the City Manager, including a barricade plan and an estimate of traffic control costs and clean-up costs. The traffic control plan shall be turned in along with the site plan as described above.
(K) Once the plans have been approved, not less than seven (7) days before the special event on city-owned property or parade, the permit holder must submit as the deposit amount, the costs as outlined in the plans described above.
(L) After the event, the permit holder will receive a detailed invoice of actual traffic and clean-up costs. If the deposit amount is not sufficient to cover the actual costs, the permit holder must submit full payment within thirty (30) days from the date the invoice is mailed. If the actual traffic control and clean-up costs are less than that of the deposit, the City Manager shall refund the excess money paid within thirty (30) days from the date the invoice is mailed.
(M) The Council, by resolution and after a public hearing, may designate certain events as having broad appeal, historic tradition, cultural significance, or other community benefits, thus allowing the city to cover the costs of traffic control, equipment, and clean-up.
(Ord. 2008-60, passed 10-16-08; Am. Ord. 2019-09, passed 2-7-19)
(A) During a special event, noise sources including, but not limited to, sound amplification of music and entertainment must stop at 11:00 p.m., Sunday through Thursday, and 12:00 midnight, Friday and Saturday. These hours may be extended by the City Manager based on certain factors, including location of event and surrounding land use. The maximum permissible sound level for a special event is sixty-five (65) dB at the event boundary. If the adjacent land use is residential, the level of noise from the special event may not exceed fifty-five (55) dB at the property line of the residential property. These sound levels do not apply to show and ride attractions or fireworks.
(B) The City Manager may issue a permit that authorizes a special event, parade, or block party in conflict with Title IX, Chapter 92 (Noise Code), Palm Bay Code of Ordinances, or other applicable noise ordinances, only where the applicant has met all of the city's requirements for obtaining a permit as prescribed in this chapter and the special event, parade, or block party cannot be performed in compliance with the Noise Code. Such a permit must specify the precise manner by which the Noise Code may be exceeded, by what duration, and at what locations. Such permit authorization may be modified or revoked if in the discretion of the City Manager the authorization excessively negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all other applicable local, county, state, or federal laws.
(Ord. 2008-60, passed 10-16-08; Am. Ord. 2019-09, passed 2-7-19)
The City Manager, Police Chief, or Fire Chief, shall have the authority to revoke a permit for a special event, parade, or a block party, if the conditions supporting the issuance of the permit change in such a way, prior to the date on which the event is to be held, that a permit would not have been issued. The City Manager shall have the authority to revoke a permit if the permit holder does not submit the required deposit as set out above.
(Ord. 2008-60, passed 10-16-08; Am. Ord. 2019-09, passed 2-7-19)
(A) Permits shall be posted in a conspicuous location at the site on which the special event on city-owned property, parade, block party, or demonstration occurs. Upon the request of any law enforcement officer, code compliance officer, or fire inspector, the permit holder shall produce such permit for inspection.
(B) Persons engaged in a special event, parade, block party, or demonstration in violation of this chapter or otherwise in violation of an issued permit, upon receiving a direct order from the City Manager, a law enforcement officer, code compliance officer, or fire inspector, immediately end the special event, parade, block party, or demonstration, and disperse those persons present.
(C) Violation of an order to end an event in violation of this Ordinance shall be punishable as follows:
(1) Promoters, sponsors, or coordinators. Failure to end a special event on city-owned property, parade, block party, or demonstration, or to disperse those persons present, shall be punishable as set forth in § 10.99 of the Palm Bay Code of Ordinances.
(2) Other attendees. Failure to disperse after a dispersal order issued pursuant to section (B) above, shall subject attendees to arrest pursuant to Fla. Stat. Ch. 870.
(D) As an alternate and supplemental remedy, the city may enforce this chapter by injunctive relief in any court of competent jurisdiction, and in such circumstance the city shall be entitled to recover its reasonable attorneys' fees and costs.
(E) It shall be unlawful for any person to hamper, obstruct, impede, or interfere with any special event on city-owned property, parade, block party, or demonstration.
(F) It shall be unlawful for any driver of a vehicle to drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a procession unless directed to do so by a police officer.
(Ord. 2008-60, passed 10-16-08; Am. Ord. 2019-09, passed 2-7-19)
The City Manager shall act upon the application for a special event, parade, or block party within five (5) days. The City Manager shall act upon an application for a demonstration within one (1) day. The applicant shall have the right to appeal a denial of a permit for a special event, parade, block party, or demonstration to the City Council. If City Council does not have a scheduled meeting prior to the proposed event, a special meeting shall be called.
(Ord. 2008-60, passed 10-16-08; Am. Ord. 2019-09, passed 2-7-19)