§ 98.07 PUBLIC EVENT.
   (A)   It shall be unlawful for any person to sponsor, give, or participate in the giving of a public event within the city unless a permit for the event has first been obtained from the Public Event Committee. Any person seeking issuance of a public event permit shall file an application with the Parks and Recreation Department for submission to the Public Event Committee. The application for a public event permit must be officially received by the city no later than 45 days prior to the event, for both new and recurring events. The application shall state the following:
      (1)   The name and address of the applicant;
      (2)   The name and address of the person, persons, corporation, or association sponsoring the activity, if any;
      (3)   The day and hours for which the permit is desired;
      (4)   A description of the location at which the event is proposed to take place;
      (5)   An estimate of the anticipated attendance;
      (6)   Any other information which the Public Event Committee shall find reasonably necessary to a fair determination as to whether a permit should be issued hereunder;
      (7)   Applicant must list all city services that are being requested for event on the Public Event Application; and
      (8)   Provide a detailed site plan of event.
   (B)   Any volunteer organization or group wishing to provide an activity or service that solely enhances the beautification of the city and benefits the residents is required to write a letter to the Parks and Recreation Department explaining in detail their activity or service for submission to the Public Event Committee. The letter must be received by the Parks and Recreation Department at least two weeks prior to the activity or service. Upon approval, certain fees pertaining to this activity or service may be waived. Insurance may be required when deemed necessary by the city's Risk Management Department. If the public is not invited to this activity or service, this letter will suffice in lieu of a Public Event Application.
   (C)   The Public Event Committee shall issue a permit when it finds the following:
      (1)   The proposed activity will not unreasonably interfere with the peaceable enjoyment of any property in the vicinity of the proposed activity;
      (2)   The proposed activity will not unreasonably interfere with the public health, welfare, safety, or recreation;
      (3)   The proposed activity is not reasonably anticipated to incite violence, crime, or disorderly conduct;
      (4)   The proposed activity will not entail unusual, extraordinary, or burdensome expense or police operation by the city unless a prior agreement has been made for payment of such extra expenses;
      (5)   The applicant has paid to the City of Pompano Beach a public event application fee of $50;
      (6)   Reoccurring public events occurring in the same fiscal year (10/1 – 9/30) are required to complete one Public Event Application. If the applicant makes any changes to the initial application such as dates, parking plan, site plan, locations, a new application and fees will be required.
      (7)   The applicant has paid all facility/field rental fees.
      (8)   All fees for events including, but not limited to, personnel and facility, must be paid in full within ten business days prior to event. The applicant shall be liable for any damage occurring during their use or event and any resulting costs. Cancellations ten or more days prior to your event will result in a 25% charge of the total application fees against any funds paid by the applicant to the city. Any remaining funds will be refunded to the applicant. However, no refunds will be issued for cancellations by the applicant made less than ten days prior to their event. Any event cancelled by the city will receive a full refund.
      (9)   All persons, groups or organizations using a city facility, city park or right-of-way for a public event must furnish the City Risk Manager with either an insurance policy or a certificate of insurance including the policy number, amount, and the provision that the City of Pompano Beach is included as an additional insured. The insurance requirements depend upon the risk level of the event, and will be determined by the City Risk Manager. The City of Pompano Beach does not provide insurance for such said events.
   (D)   Prior to the issuance of the public event permit, the applicant shall maintain, at its sole expense, liability insurance covering the city properties and the desired public event uses, naming the city as an additional insured, in amounts required to cover the specific event as determined by the City’s Risk Manager. The applicant shall furnish and deliver to the Public Event Committee a certificate or certificates of insurance, acceptable to the Risk Management Division, evidencing the existence of public liability insurance in the minimum amounts described above. Each certificate shall provide that the city receive not less than ten days written notice of cancellation, expiration or termination of public liability insurance. In the event that such insurance is canceled, expired or terminated, the applicant shall be required to obtain insurance immediately and furnish proof to the Public Event Committee. If such insurance is not obtained within 24 hours after the insurance cancellation or termination, the Public Event Committee shall revoke the public event permit and the public event shall cease. The applicant shall be responsible for submitting all certificates of insurance of its contractors.
   (E)   Within ten business days after receipt of an application, the Public Event Committee shall notify the applicant and the City Commission in writing of its decision to either grant or deny the permit. In the event that the permit has been granted, the City Commission shall have ten working days, or until the next regularly scheduled City Commission meeting, whichever period is greater, to reverse the decision of the Public Event Committee at a City Commission meeting if the Commission by majority vote finds that the application does not meet the criteria set forth in subsection (B) above. Notice of the hearing set to reconsider the approved permit shall be provided to the applicant when the matter is placed on the City Commission agenda for consideration. In the event a permit has been denied, the Public Event Committee shall state their reasons for denial in writing. Any aggrieved person shall have the right to appeal in writing within ten days to the City Commission, which shall consider the application under the standards set forth in subsection (B) above and sustain or overrule the decision of the Public Event Committee at the next regular meeting of the City Commission following receipt of the appeal. The decision of the City Commission shall be final.
   (F)   The City of Pompano Beach provides limited Co-Sponsorships to charitable not-for-profit entities registered to do business in the State of Florida and having a 501(c) certificate, and public educational institutions and other governmental entities through “in-kind services.” Support for co-sponsored events may include the waiver of some permit fees, or fees for use of city owned equipment or fees for the use of city facilities. Organizations will be required to pay the necessary city personnel charges including Public Works, Parks and Recreation and Cultural Affairs, Fire Rescue, the city’s law enforcement agency and Development Services assessed on the current salary schedule. Organizations still must provide the required insurance and must fund other associated costs including, but not limited to, such as the cost of additional dumpsters, portable toilets, lighting, fencing, damage to the facility or grounds.
   (G)   The Public Event Committee may consider applications for co-sponsorship and recommend such applicants to the City Manager for final approval following their receipt and review of the applicant’s financial statement. Applicants must provide a financial statement with a letter of request addressed to the Committee 45 days prior to the event date, including a program proposal with a budget showing the event’s anticipated expense and identifying the services requested from the city. Following the approved public event co-sponsored by the city, but in no event later than 30 calendar days following the event date, the sponsoring applicant is required to provide the city with a financial statement that shows complete details of all incurred expenses by the sponsor for the event and all revenue collected for the event including, but not limited to, revenue collected prior and during the event, no later than 30 days from the event date.
   (H)   The application date for the public event permit will be deemed to be that date on which the application has been officially received; provided, however, that all required documents have been submitted to and approved by the city, such as the application fee, insurance certificate, and any other requirement of the city and all documents have been submitted and fees paid to any governing authorities over the event; for example, the Florida Department of Transportation and Florida Department of Environmental Protection. The public event permit applicant shall be solely responsible for the aforementioned required fees imposed by governmental entities.
   (I)   Number and duration of public events.
      (1)   A total of six public events per fiscal year (October 1 - September 30) are permitted per person or organization for any city property or cultural or recreational facility, except when the city or the city's Community Redevelopment Agency are a sponsor or co-sponsor of the event.
      (2)   The length of any one public event, or any portion thereof, shall not exceed a maximum of ten hours within a calendar day and three consecutive calendar days, except when the city or the city's Community Redevelopment Agency are a sponsor or co-sponsor of the event. This section does not apply to athletic field events/tournaments.
(Ord. 89-96, passed 9-19-89; Am. Ord. 95-87, passed 7-25-95; Am. Ord. 2010-04, passed 11- 10-09; Am. Ord. 2012-12, passed 11-22-11; Am. Ord. 2014-27, passed 2-25-14; Am. Ord. 2015- 27, passed 2-10-15; Am. Ord. 2022-25, passed 2- 8-22; Am. Ord. 2024-05, passed 10-24-23)