(A) It shall be unlawful for any person or entity of any kind or nature whatsoever to sponsor, give or participate in the giving of an outdoor musical performance within in the city unless a permit for the performance has first been obtained from the City Manager.
(1) Exemptions. The following outdoor musical performances are exempt from the requirements of this section:
(a) Any outdoor musical performance sponsored by the City of Pompano Beach or the Pompano Beach Community Redevelopment Agency;
(b) Any outdoor musical performance for which the city's Parks and Recreation Department has issued a public event permit, pursuant to § 98.07; and
(c) Any outdoor musical performance held at the Pompano Beach Amphitheater pursuant to an approved contract for multiple performances at that facility, which provides specific language for such exemption.
(2) Any outdoor musical performances for which a special event permit pursuant to § 132.27 has been issued shall not be required to also obtain an outdoor musical performance permit under this section. However, the outdoor musical performance shall be subject to the standards in this section.
(B) Definitions. For the purpose of this section the following definitions shall apply.
(1) OUTDOOR MUSICAL PERFORMANCE.
Any live or prerecorded musical performance, which takes place other than within a totally and permanently enclosed building.
(2) TOTALLY AND PERMANENTLY ENCLOSED BUILDING.
A building where all sides consist of walls that are solid except for doors, windows, or other apertures normally and usually found in similar buildings.
(C) Any person or entity seeking issuance of a permit hereunder shall file an application with the City Manager. The application shall state the following:
(1) The name, address and telephone number of the person or persons seeking to conduct such outdoor musical performance;
(2) If the outdoor musical performance is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization;
(3) The days and hours for which the permit is desired;
(4) The location at which the performance is proposed to take place;
(5) An estimate of the anticipated attendance;
(6) Provisions, if any, for security, traffic control and crowd control; and
(7) Any other information that the City Manager shall find reasonably necessary to a fair determination as to whether a permit should be issued.
(D) The application must be officially received by the city at least 16 business days prior to the outdoor musical performance.
(E) The application date will be deemed to be that date for 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 and any other requirement of the city.
(F) The City Manager shall issue a permit hereunder when he 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 and safety;
(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 for police operation by the city unless a prior agreement has been made for payment of such extra expenses;
(5) The proposed activity complies with all requirements of this section;
(6) Adequate parking and sanitary facilities will be provided for the activity;
(7) Compliance with all city ordinances including, but not limited to, Chapter 97, Noise Control; and
(8) The applicant has paid to the city a special event application fee as set forth in Chapter 155, Appendix C: Fee Schedule, to cover the cost of processing the application.
(G) Within six business days after the receipt of an application, the City Manager shall notify the applicant in writing of his decision to either grant or deny the permit. 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 division (F) above and sustain or overrule the decision of the City Manager at the next regular meeting of the City Commission following the receipt of the appeal. The decision of the City Commission shall be final.
(H) An outdoor musical performance permit may be revoked by the City Manager upon a finding that the health or safety of the public are threatened by an emergency, disorder or other condition which has arisen, or upon noncompliance by the permit holder of any condition of the permit which is set forth herein or upon the permit, or if it is determined that the application was fraudulent in any manner.
(Ord. 2013-81, passed 9-24-13)