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(A) The town shall provide an application for a special activity permit. Upon submittal of the application, along with the applicable fee and attachments, the town administration shall distribute the applications to the Building and Zoning Department and other staff members as may be necessary for comment. The completed application and comments shall be submitted to the Town Council at the next regularly scheduled Town Council meeting for approval or disapproval. The Town Council may impose any and all reasonable conditions on the issuance of the permit.
(B) Criteria for approval. The town may approve or conditionally approve the issuance of a special activity permit, unless one of the following circumstances exists:
(1) The applicant has been convicted of a felony or misdemeanor involving moral turpitude and has not subsequently demonstrated rehabilitative characteristics;
(2) The applicant has made a material misrepresentation on the application;
(3) The applicant has not complied with the town’s request for further information necessary for the town to fully evaluate the application;
(4) The proposed special activity will substantially disrupt peace and quiet within any area of the town;
(5) The proposed special activity will have a substantial negative impact upon traffic in any area of the town;
(6) The proposed special activity damages or degrades the image of the town;
(7) The proposed special activity will have a material negative impact upon the neighboring property;
(8) The proposed special activity will create a safety hazard;
(9) The proposed special activity is not appropriate for the location due to zoning requirements for that location;
(10) The proposed special activity subjects the town to contingent liability which cannot adequately be addressed by requiring the applicant to name the town as an insured on the applicants general liability insurance policy;
(11) The applicant has failed to supply the town an insurance certificate naming the town as an additional insured on the applicant’s general liability policy;
(12) The special activity fails to comply with any of the criteria designated under this section for the issuance of a special activity permit or rules and regulations governing this special activity; and
(13) An applicant has violated conditions of a previous special activity permit or any ordinances or regulation of the town in the conduct of a prior special activity.
(C) The following provisions are not intended to be all-inclusive and may be amended based on the type of event or the information submitted by the applicant.
(1) Special activity application/fee. The applicant will be required to complete a special activity application prior to the activity and submit it to the town with the application fee. A site plan is required with each application and may be hand drawn. The site plan should be detailed enough to indicate major streets, a north arrow and event set-up. The application shall set forth the anticipated attendance, arrangements for off-street parking and a plan for dealing with disposed of waste and refuse and the placement of portable toilet facilities if applicable.
(2) Special activity permit. Once an applicant has submitted all required documents, met all conditions and staff concerns with the issuance of a permit, and the Town Council has approved the permit, the town will issue a special activity permit. The activity shall not be considered approved until the town has issued a permit.
(3) Frequency of events. An applicant may apply for a special activity one time per year. A year is defined as January 1 through December 31. An event shall not exceed one day in duration.
(4) Set-up and take down period for events. An applicant will be allowed a reasonable set-up and take-down period for an event. The period will be based on the type and complexity of the event. Balloons and banners will be allowed a one-day set-up and one-day take-down period. Violations of this section may result in future permits being denied.
(5) Alcoholic beverages.
(a) The provisions contained in the town code (open container), may be waived by a special activity permit. The waiver will be subject to all conditions contained in the permit.
(b) If an applicant operates a licensed establishment for the sale of alcoholic beverages, that applicant will be required to obtain an extension of the permit from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco for alcoholic beverages sold/consumed outdoors. Non-profit civic organizations will be required to obtain a temporary permit for sale/consumption of alcoholic beverages in accordance with F.S. § 561.422.
(c) Additionally the applicant is responsible for controlling alcoholic beverages by ensuring under-age consumption does not occur.
(6) Balloons. Tethered balloons that are no larger than 15 cubic feet may be considered for a permit. Small, helium-filled balloons are prohibited.
(7) Barricades. The town will determine if barricades are required for an event. Applicants will need to obtain barricades from a private source. Once barricades are placed, signs, balloons or other items may not be placed on the barricades.
(8) Block party. In addition to a special activity application, a petition is required to be signed by all the residents who live on the portion of the street that will be closed/barricaded indicating their support of the event.
(9) Carnival. In addition to any applicable fees, an occupational license is required regardless of non-profit status. Each carnival ride is required to have a current inspection certificate from the Bureau of Fairs, Rides Inspection.
(10) Circus. In addition to any applicable fees, an occupational license is required regardless of non-profit status.
(11) Co-sponsorship. The town may from time to time provide services for an event (police, barricades and the like) which may result in reduced charges.
(12) Fire prevention/code enforcement inspections. Most events require an on-site review and final inspection by fire/code personnel. If the event requires extraordinary inspections, including inspections after hours, the applicant will be required to pay the staff time at $??? per hour.
(13) Hold harmless and indemnification. The applicant, by submitting a special activity application, agrees that at all times they will indemnify and hold harmless the town from and against any and all liability, claims, demands, damages, expenses, loss, injury, death, fees, costs, attorney’s fees, fines, penalties or suits to or by any person, firm, corporation or entity arising from or out of the special activity.
(14) Insurance. An applicant for an event held on public property or on a public right-of-way will be required to provide a general liability insurance policy in the amount of $1,000,000. Additionally, if alcohol is being served at the event, liquor liability in the amount of $1,000,000 will be required. A certificate of insurance will be required and the following language must appear on the certificate: “The town is named as additional insured as the town’ interest may appear only.”
(15) Additional permits. Additional permits may be required from the town or other governmental authorities. The applicant shall submit proof of compliance with the permitting requirements of all governmental authorities, including, but not limited to, disabled parking and sanitation requirements.
(16) Medical services.
(a) Late night events involving alcohol and events that, due to their nature, may have injuries will require medical coverage. The applicant shall be responsible for payment of medical services. The cost will be based on the hourly rate of the medical team.
(b) A MEDICAL TEAM is defined as at least one paramedic and one emergency medical technician. Additional medical team personnel may be required depending on the special event. The Town Mayor shall determine if additional medical team personnel are needed.
(17) Outdoor seasonal sales. The following stipulations shall apply:
(a) The applicant must obtain an occupational license and a special activity permit prior to set-up;
(b) Adequate paved parking, including handicapped parking, must be provided within 100 feet of the sales/display area. Restrooms, including handicapped accessible restrooms, must be provided on the site within 500 feet of the sales/display area;
(c) Hours of the sales must coincide with the hours of availability for the restrooms and parking;
(d) The sale/display shall not be located within a required landscaped area and on-site vegetation shall not be disturbed;
(e) Proof of ownership or a lease agreement with the property owner must be submitted with the application; and
(f) A maximum of one recreational vehicle and one private vehicle may be maintained on- site by the applicant.
(18) Law enforcement. Law enforcement services are required for any special activity. The applicant shall be responsible for the presence and payment of law enforcement services. The cost will be based on the average hourly rate of deputy sheriffs for Brevard County.
(19) Sound amplification. A permit for sound amplification does not allow the applicant to violate the noise levels in the code of ordinances of the town or Brevard County, whichever is more strict. The applicant agrees to control noise, and in the event surrounding residents complain of excessive noise, to reduce that noise to a satisfactory level. The applicant further understands that if reducing noise cannot control citizen complaints, the source of the of the noise shall be terminated.
(20) Signs in the right-of-way. No signs in the public rights-of-way are permitted.
(21) Tents. A flame retardant certificate must be attached to the application for a tent permit.
(22) Damage and clean-up deposit. An applicant for a special activity permit for an event on town property or an event that may impact a town right-of-way shall post a refundable damage and clean-up deposit with the town in an amount to be determined by the Town Council. The deposit may be used to off-set any costs incurred by the town as a result of the town providing for repair to or clean up of town property at the expiration of the special event. Prior to the town incurring the costs the town shall provide written notification to the applicant that it has 24 hours from the date of the notice to make repairs to or clean up the area or property identified by the town in the notice. The notice shall also state that if the applicant fails to make the repairs to or clean up the area or property to the satisfaction of the town then the town will provide the necessary repair or clean up services and deduct the cost from the damage and clean up deposit posted with the town. Any unused portion of the damage and clean up deposit shall be returned to the applicant within ten days of the repair or clean up provided by the town or the town’s determination that the repair or clean up efforts of the applicant are satisfactory, which ever is later.
(Ord. 2009-03, passed 7-28-2009) Penalty, see § 115.99