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)