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A stable attendant shall be assigned to the Sand and Spurs Stables by the Public Works Director and is charged with the enforcement of all ordinances, rules and regulations of Sand and Spurs Stables and the maintenance of order. The stable attendant will also be responsible for initiating policy regarding the day-to-day operations at the stables, with the approval of the Public Works Director.
(‘58Code, § 33.43) (Ord.76-51, passed 5-18-76; Am. Ord. 93-65, passed 9-7-93; Am. Ord. 2006-70, passed 9-26-06; Am. Ord. 2008-62, passed 9-23-08)
(A) The standard rental rates established herein apply to a stall space of 625 square feet or less. Any stall space measuring more than the standard space shall be charged on the basis of the base rental rates for the standard size plus an additional amount per square foot for all space utilized in excess of the standard 625 square feet that the stall and paddock occupy. Beginning on October 1, 2008, the rental rate of the excess space shall be 100% of the per square foot charge charged for the standard stall rate, which calculates to the following:
(1) Resident,
per square foot
per month $0.51
(2) Nonresident,
per square foot
per month $0.66
(‘58Code, § 33.44)
(B) The following shall comprise the stall fees for the Sand and Spurs Stables effective October 1, 2008.
(1) Resident
per month $319.07
(2) Nonresident
per month $408.76
(3) Trailer storage fee,
per month $10.00
(C) For use of city-owned stalls, the above listed fees shall apply, plus payment of additional fees as follows:
(1) Resident
Per month $25.00
(2) Nonresident
Per month $25.00
(D) Fees are payable monthly in advance on or before the first day of the month. A late payment penalty in the amount of $25 per stall shall be added to any fees paid and received by the city after the tenth day of the month. Any payments made will first be applied to any outstanding late payment penalties. No waiver of any provision in this section shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver of the city’s failure to enforce any obligation set forth herein shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. The first month’s fee and a deposit equal to the amount of two monthly payments must accompany all applications. Deposits shall be non-interest bearing and will be refunded upon termination of the permit provided the Permit Holder is current in the fees due to the city. In the event the Permit Holder is not current in the fees due the city or if there are damages attributable to the Permit Holder that are outstanding at the time the permit is terminated, the deposit shall be drawn upon by the city and be applied to the amount of any outstanding fees or damages. However, the Permit Holder shall remain responsible for all amounts owing if the deposit does not sufficiently cover such fees or damages; further, the use of the deposit for the aforesaid reasons shall not preclude the city from pursuing legal action. Fees paid in advance, for a full 12-month period, shall receive an 8% discount.
(1) Resident fees.
(a) For purposes of this section, RESIDENT shall mean a person who meets the requirements for RESIDENCY as defined in § 98.01.
(b) Joint stall Permit Holders/co-ownership of equine.
1. Stalls that are jointly held by a city resident and a non-city resident shall pay the higher of nonresidential fees.
2. Stalls containing equine co-owned by a city resident and any non-city resident shall pay the higher nonresident fees. Valid proof of ownership shall be furnished upon demand to the Public Works Department.
(c) City residents may pay resident fees for more than one stall, only, if the resident is the sole owner of all equine stabled in each stall. Valid proof of ownership shall be furnished upon demand to the Public Works Department.
(d) Payments received that cannot be processed due to omissions, shall be returned to sender and a late fee assessed to the account. Such omissions include, but are not limited to, failure to sign or complete checks, or failure to identify the stall for which credit is to be applied.
(‘58Code, § 33.47) (Ord.76-51, passed 5-18-76; Am. Ord.77-23, passed 2-15-77; Am. Ord. 82-31, passed 2-23-82; Am. Ord. 83-13, passed 10-26-82; Am. Ord. 86-15, passed 11-12-85; Am. Ord. 87-66, passed 7-28-87; Am. Ord. 90-2, passed 9-19-89; Am. Ord. 91-35, passed 2-19-91; Am. Ord. 92-49, passed 7-7-92; Am. Ord. 92-71, passed 9-29-92; Am. Ord. 93-45, passed 5-11-93; Am. Ord. 2001-65, passed 6-12-01; Am. Ord. 2003-37, passed 3-25-03; Am. Ord. 2005-64, passed 7-12-05; Am. Ord. 2006-70, passed 9-26-06; Am. Ord. 2008-62, passed 9-23-08; Am. Ord. 2009-42, passed 7-14-09; Am. Ord. 2011-60, passed 7-12-11; Am. Ord. 2013-74, passed 9-10-13)
A permit for the use of stall space at Sand and Spurs Stables must be obtained for each stall by submitting an application for each to the Public Works Department provided by the Department. The permit gives an approved Permit Holder a license to utilize only the designated stall space in conformity with the requirements of §§ 98.60 through 98.71, to keep and maintain the stalls located on the designated space, and to modify a stall or construct a new stall within the requirements contained in the above-listed sections. The permit shall be granted subject to the following limitations and provisions.
(A) For purposes of this chapter, the term PERMIT HOLDER shall mean an approved applicant who may utilize an existing stall, erect, place, or alter a stall or stalls for the quartering of equine upon the designated space, provided the stall is constructed or altered in accordance with plans and specifications to be submitted to and approved in writing by the Public Works Director or his designee, and after approval of the City's Engineering Department and Building Department. Any such Permit Holder may assign, sell, transfer or trade his/her stall only in accordance with the requirements contained in § 98.67. STALL USER is anyone who routinely turns out, rides, or takes care of the equine stabled in the stall. A stall user uses the S&S facility, but does not hold the stall permit and uses the facility at the sole discretion of the Permit Holder. Stall users must be listed by Permit Holders on permit renewals and permit applications and must sign waiver and release of liability forms with the city. Stall Users’ contact phone numbers must be listed on the Application and Renewals. A proposed STALL USER must not have any unpaid stall fees owed to the city or have been evicted for any reason within the past five years, or the city may deny that person the right to utilize the Sand and Spurs facility as a STALL USER. Stall users of any stall that has outstanding fees that are past due shall not be permitted to become permit holders, purchase, rent, sublease or otherwise use that stall or any other stall unless all outstanding past due amounts on the stall they used have first been paid in full.
(B) The city may terminate all rights by giving written notice of said violation of the Sand and Spurs ordinances, which shall be sent by certified or registered mail to the Permit Holder’s address currently on file with the Public Works Department. The Permit Holder shall have 14 calendar days to correct the violation(s) of the ordinance following the receipt of the violation(s). During the 14-day period the Permit Holder shall have the option to appeal the violation(s) of the ordinance to the City Manager by a written statement to the City Manager requesting review within seven (7) days of receipt of the notice of termination. Following the review the City Manager will forward his or her decision to the Permit Holder. The City Manager may uphold, revoke or modify the termination. The Permit Holder shall have a 30-day period within which to sell, assign or transfer the permit to another applicant approved by the city, any stall or stalls occupied by the Permit Holder. At the expiration of the 30-day period, all rights to occupy and use any stall or stalls not transferred shall revert to the city together with all fixtures and appurtenances thereto. However, no right to sell, assign or transfer the permit shall exist should the city be required to abandon the land upon which Sand and Spurs is located pursuant to § 98.66(E). If the Permit Holder does not correct the violation or appeal to the City Manager within 14 calendar days, the 30 calendar day period to sell, assign, or transfer shall begin.
(C) The city may require that any stall, or stalls, be moved to another location designated by the city after giving 90 days’ written notice, whichshall be sent by certified or registered mail to the Permit Holder’s address currently on file with Public Works.
(D) Under no circumstances may any stall or stalls or other building be removed or dismantled, or other exterior alterations made, except for routine maintenance, without following the steps outlined in subsection (A) above.
(E) The land upon which the Sand and Spurs Stables is situated is part of the Pompano Beach Air Park, and the manner in which air park land may be utilized by the city is subject to regulation by the Federal Aviation Administration. Should any order, regulation, or decree of the Federal Aviation Administration necessitate the abandonment of the Sand and Spurs Stables by the city, the city shall be under no obligation to reimburse stall users for any stall or stalls owned by them or for any other loss occasioned by the abandonment.
(F) Permit Holder may use the recreation area and facilities at Sand and Spurs Park including the riding range, trails, water, and lights. All persons shall keep the area clean and free of debris of all kinds whatsoever.
(G) Applicants/Permit Holders shall take out and maintain at all times while occupying stall space at Sand and Spurs Stables, a liability insurance policy with a combined single limit of $500,000, that shall protect them from claims for damages for personal injury, including accidental death, as well as from claims for property damage. No applicant shall be approved until the applicant has provided either a certificate of insurance or a copy of their policy to the city risk manager. The certificate or policy shall specify that the insurance provided there-under shall not be canceled without at least 30-days’ notice to the city. Additionally, the applicant shall agree to indemnify the city, its officers, agents, employees, and any guests or invitees on the premises for any and all damages caused by the applicant’s use of the stall, and the applicant further understands and agrees that the city shall not be responsible for any of the applicant’s property located on the premises, and in recognition thereof the applicant specifically releases the city, its officers, agents, and employees from any claims or causes of action on account of any damage or loss to any and all of the applicant’s property located on the premises.
(H) Upon the Permit Holder’s failure to pay all fees when due, the city may:
(1) Take and hold all property of the Permit Holder on the premises and the value of any property may be applied toward any monies owing the city.
(2) Proceed with eviction of Permit Holder.
(3) Take any and all legal action available to collect past due amounts, and any amounts due for the remainder of the permit period.
(4) In addition, seek to recover all costs and attorney’s fees for any litigation commenced under subsection (1), (2) and (3) of this subsection.
(I) The rights, privileges, and duties of the Permit Holder are transferable upon approved application.
(J) A Permit Holder may be permitted to donate to the city a stall for which he holds a permit provided that the Permit Holder is current with any and all monies due to the city and such donations shall be subject to review and approval by the Public Works Department. All such stalls must be in the same condition as when the city inspected same and agreed to accept the donated stall. No such stall may be stripped or otherwise altered after said inspection and approval.
(K) The Public Works Department may rent available city-owned stalls, or sell stalls that the city has taken over or is otherwise holding for $250 by offering same on a first- come, first-served basis provided that Pompano Beach residents shall be given first preference in the use of available stalls. All city-owned stalls shall be sold with the condition that the purchaser shall bring that stall up to all applicable codes.
(L) Requirements for permit.
(1) No permit will be granted if the applicant is in arrears with fees for other stalls, or has an outstanding balance from prior stall use, or has a delinquent payment history. Four or more late payments, or three checks returned unpaid by a bank for any reason, within the preceding 12 month period shall constitute a delinquent payment history for purposes of this section. Any check that is returned unpaid by a bank shall also constitute a late payment.
(2) Each permit shall be valid for a 12-month period and shall obligate the Permit Holder for payment of all fees for the assigned stall for a 12-month period, unless the stall has been sold with city approval, or the permit has been terminated with city approval. A Permit Holder with a delinquent history will not be allowed to purchase any other stalls.
(3) To renew a permit for 12-month or other period, a Permit Holder must:
(a) Have current photo of equine; and
(b) Provide proof of current insurance and new negative test results for Equine Infectious Anemia (Coggins Test), both as required in this section; and
(c) Be current with all fees owed to the city for stall use; and
(d) Not have a delinquent payment history, as defined in subsection (L)(1) above; and
(e) Have on file with the Public Works Department a signed warning notice in accordance with F.S. § 773.04(1)(b); and
(f) Complete Permit Holder renewal application; and
(g) Have no current building code violations on the stall.
(4) (a) No permit will be approved for renewal unless all of the requirements in subsection (3) of this subsection are met.
(b) Automatic renewal will take place if all portions of § 98.66(L)(3) are met.
(c) A delinquent payment history shall constitute grounds for non-renewal of a permit unless the Permit Holder pays for the entire 12-month renewal period in advance by cashier's check, money order or cash for the upcoming year. Such required payment shall not be eligible for the advance payment discount set forth in § 98.65(D), and the following year at the time of renewal payment shall return to a monthly payment basis for the next 12 month period. However, if a Permit Holder with a delinquent payment history is up to date on their payments at the time of renewal, the renewal takes place and (c) does not apply. Monthly late fees shall still be applicable for late payments.
(5) Stalls must be vacated no later than 14 days after expiration of the permit or the Permit Holder will be subject to additional fees for stall use, along with eviction and all court costs and attorney’s fees associated with the litigation.
(6) All denials of stall renewals may be appealed by the Permit Holder to the City Manager in writing within 14 days after notice of the denial.
(7) The Public Works Department is authorized to approve a permit for a period less than 12 months, based upon extraordinary circumstances of the applicant.
(8) The Public Works Department is authorized to terminate any permit prior to the expiration of the permit time period pursuant to request by the Permit Holder based upon extraordinary circumstances of the Permit Holder.
(9) The Public Works Department shall provide renewal notices at least 45 days prior to permit expiration to all Permit Holders at the address currently on file with the Public Works Department.
(‘58 Code, § 33.45) (Ord.76-51, passed 5-18-76; Am. Ord. 77-14, passed l-18-77; Am. Ord. 86-67, passed 5-27-86; Am. Ord. 87-43, passed 5-19-87; Am. Ord. 87-46, passed 6-2-87; Am. Ord. 92-58, passed 7-28-92; Am. Ord. 93-65, passed 9-7-93; Am. Ord. 95-22, passed 11-22-94; Am. Ord. 2001-65, passed 6-12-01; Am. Ord. 2003-37, passed 3-25-03; Am. Ord. 2007-33, passed 2-27-07; Am. Ord. 2008-62, passed 9-23-08; Am. Ord. 2009-42, passed 7-14-09; Am. Ord. 2011-60, passed 7-12-11)
Persons desiring to use stall space at the Sand and Spurs Stables shall be required to file an application with the city, for each and every stall, which shall provide for the approval by the City Manager and the Public Works Director or his designee, and for space assignment as approved by the Public Works Director or his designee. The application shall be accompanied by a statement to the effect that the applicant has reviewed both this chapter as it pertains to the Sand and Spurs Stables and has also received a copy of the rules and regulations governing the Sand and Spurs Stables. The applicant shall further acknowledge in the statement that the applicant agrees to be bound by the Codes of Ordinances as it currently exists or as may be amended from time to time as well as any additional rules and regulations governing Sand and Spurs Stables promulgated by the city. The applicant shall also agree to accept responsibility for payment of stall fees for the required time period, and shall sign a warning notice pursuant to F.S. § 773.04(1)(b). The application shall also have attached thereto proof of ownership of the equine. No waiver of any provision in the Sand and Spurs Stables Application shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver or the city’s failure to enforce any obligation set forth in the application shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver.
(A) No assignment, sale, transfer or trading of stalls shall be permitted without prior written approval of the Public Works Department. No leasing or renting of stalls shall be permitted by Permit Holders without specific authorization from the Public Works Department. Permit Holder will still be responsible for all rent payments and both Permit Holder and any Lessee shall be subject to eviction for non-payment of any rents due. Lessee must comply with all regulations for use of the facilities in this chapter.
(1) Any prospective Permit Holder of a stall must first submit an application under this section and any other required information.
(2) No assignment or transfer of a stall will be approved unless all fees due have been paid in full by the current Permit Holder of the stall.
(3) No trade of stalls will be approved if Permit Holder is not current with all fees owed the city.
(4) No stall shall be loaned or otherwise provided for use to others by the designated Permit Holder without first obtaining permission from the Public Works Department.
(B) Upon the city approved assignment, transfer, or trade of a stall, a new deposit shall be required from the new incoming Permit Holder. The original deposits will be returned to the Permit Holders or utilized toward any outstanding balance.
(‘58Code, § 33.46) (Ord.76-51, passed 5-18-76; Am. Ord. 93-45, passed 5-11-93; Am. Ord. 93-65, passed 9-7-93; Am. Ord. 95-22, passed 11-22-94; Am. Ord. 2001-65, passed 6-12-01; Am. Ord. 2003-37, passed 3-25-03; Am. Ord. 2008-62, passed 9-23-08; Am. Ord. 2009-42, passed 7-14-09)
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