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§ 132.24 SLEEPING IN VEHICLES.
   It shall be unlawful for any person to lodge or sleep in, on, or about any automobile, truck, camping, or recreation vehicle, or similar vehicle in any public street, public way, right-of-way, parking lot, or other public property, within the limits of the city.
('58 Code, § 31.66) (Ord. 72-48, passed 6-27-72) Penalty, see § 10.99
§ 132.25 RAILROAD TRAIN WHISTLE AND HORN NOISE POLLUTION PROHIBITED.
   (A)   It shall be unlawful and a public nuisance for any person operating a railroad train of a railroad company operating wholly within the state to blow, activate, or permit to be blown or activated any horn or whistle from a railroad train after 10:00 p.m. and before 6:00 a.m. in advance of crossings described in division (B) below, on any day when the railroad train is within the city.
   (B)   The provisions of this section shall be applicable only to railroad train crossings or grade which are equipped with operational train-activated automatic traffic-control devices which include ringing bells, flashing light signals, and automatic crossing gates on both sides of the railroad train track.
   (C)   If any person or railroad company operating wholly within the state violates any of the provisions of this section such person, or railroad company upon conviction, shall be punished as provided in § 132.99.
   (D)   As a prerequisite to the enforcement of this section, signs in conformance with F.S. § 316.0745 shall be posted for pedestrians and motor vehicles at each railroad grade crossing to which this section is applicable stating: “Caution. Trains do not sound horns or whistles from 10:00 p.m. to 6:00 a.m.” or words of similar significance.
(Ord. 85-66, passed 7-16-85) Penalty, see § 132.99
Cross-reference:
   Noise control, see Ch. 97
§ 132.26 OUTDOOR MUSICAL PERFORMANCE.
   (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)
§ 132.27 SPECIAL EVENTS ON PRIVATE PROPERTY; PERMIT REQUIRED.
   (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 a special event upon private property in the city unless a permit for the special event has first been obtained from the City Manager.
   (B)   Definitions. For the purpose of this section the following definitions shall apply.
      (1)   OUTDOOR MUSICAL PERFORMANCE. As defined in § 132.26.
      (2)   PROPERTY. Any contiguous lots, plots, portions, parcels or tracts of land under the same ownership upon which a special event is held.
      (3)   SPECIAL EVENT. Any meeting, activity, gathering or group of persons, animals or vehicles or a combination thereof having a common purpose, common design or goal upon private property in which the meeting,
activity, or gathering is of a temporary nature not exceeding 96 hours in duration and meets one or more of the following conditions:
         (a)   Would not be authorized pursuant to the existing zoning regulations.
         (b)   Would substantially inhibit the usual flow of vehicular or pedestrian traffic.
         (c)   Requires for its execution and the safety of participants and public, the provision, coordination, or utilization of municipal services, including but not limited to law enforcement and fire/EMS services.
   (C)   Number of special events permitted.
      (1)   For properties that are less than 7.5 acres, the maximum number of special events shall not exceed four per fiscal year (October 1 through September 30). Each special event shall not exceed 96 hours in duration.
      (2)   For properties that are a minimum of 7.5 acres, the maximum number of special events shall not exceed 52 per fiscal year (October 1 through September 30). Each special event shall not exceed 24 hours in duration, except that up to four special events may be held consecutively for a maximum of 96 hours in duration.
      (3)   Special events being conducted by a charitable organization or other public service organization for civic, philanthropic, educational, religious purposes or for similar purposes may, upon recommendation by the City Manager and approval from the City Commission, be allowed more than four events per fiscal year and each event may be extended up to 30 days.
   (D)   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, date of birth, address and telephone number of the person or persons seeking to conduct such special event;
      (2)   The purpose of the special event;
      (3)   If the special event 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;
      (4)   The location at which the special event is proposed to take place;
      (5)   An estimate of the anticipated attendance;
      (6)   Provisions, if any, for security, traffic control and crowd control;
      (7)   A description and location plan of any temporary structures, including but not limited to tents, stages, seating, and portable sanitary facilities.
      (8)   If the special event includes an outdoor musical performance. (The standards per § 132.26, Outdoor Musical Performance, shall be applicable although a separate application for outdoor musical performance shall not be required); and
      (9)   Any other information which the City Manager shall find reasonably necessary to a fair determination as to whether a permit should be issued.
   (E)   The application must be officially received by the city at least 16 business days prior to the special event.
   (F)   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.
   (G)   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 including, but not limited to, interference with the flow of vehicular or pedestrian traffic;
      (3)   The proposed activity is not reasonably anticipated to incite violence, crime, or disorderly conduct;
      (4)   The proposed activity will not require unusual, extraordinary or burdensome expense by the city's law enforcement agency or Fire/EMS Department, 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)   The applicant has agreed to make provisions for inspections of all temporary structures and utility connections thereto by the city's Building Inspections Division for compliance with all requirements of the Florida Building Code edition in effect at the time of the submitted application;
      (8)   Compliance with all city ordinances including, but not limited to, Chapter 97, Noise Control; and
      (9)   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.
   (H)   Within six business days after the receipt of an application, the City Manager shall notify the applicant and the City Commission in writing of his decision to either grant or deny the permit. The City Manager shall also post his decision in City Hall at the location where other public notices are posted on the same day as his decision is made. In the event a permit has been denied, the City Manager shall state his reasons therefor in writing. Any aggrieved person shall have the right to appeal by filing a written appeal within ten days from the date of posting of the decision with the City Manager who shall forward the written appeal to a city Special Magistrate, who shall consider the application under the standards set forth in subsection (G) above and sustain or overrule the decision of the City Manager at a hearing to be set by the city’s Special Magistrate at his or her first available opportunity. The decision of the city’s Special Magistrate shall be final.
   (I)   A special event 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 non-compliance 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.
   (J)   Any person, firm, or corporation that holds or sponsors a special event as defined in this section shall be responsible to compensate the city for the costs of additional city services including, but not limited to, law enforcement, fire/EMS, public works, and building departments, required or provided for the health, safety, or welfare of the public, as a direct or proximate result of such special event. Said costs shall be payable whether or not a special event permit was first obtained as required by this section.
(Ord. 92-68, passed 9-15-92; Am. Ord. 95-86, passed 7-25-95; Am. Ord. 97-4, passed 10-8-96; Am. Ord. 2010-05, passed 11-10-09; Am. Ord. 2013-35, passed 1-8-13; Am. Ord. 2013-46, passed 3-12-13; Am. Ord. 2013-81, passed 9-24-13; Am. Ord. 2014-37, passed 5-13-14; Am. Ord. 2016-08, passed 10-13-15)
§ 132.28 COMBAT AUTOMOBILE THEFT PROGRAM.
   (A)   Intent. The city, consistent with F.S. § 316.008(6), has chosen to implement the Combat Automobile Theft Program (hereinafter referred to as CAT) in an effort to curtail the number of criminal incidents involving the theft of a motor vehicle.
   (B)   Procedure.
      (1)   Motor vehicle owners may enroll their vehicles in the CAT program by providing advance written consent to the City Police Department to stop their enrolled vehicles if they are being driven between the hours of 1:00 A.M. and 5:00 A.M., provided that a decal is conspicuously affixed to the bottom left corner of the back window of the vehicle.
      (2)   Consent forms may be obtained through the City Police Department.
      (3)   Upon execution of the requisite consent forms the City Police Department shall provide a decal approved by the Department of Law Enforcement indicating a vehicle's enrollment in the CAT program. The owner of the motor vehicle is responsible for removing the decal when terminating participation in the program or when selling or otherwise transferring ownership of the vehicle.
   (C)   Enforcement.
      (1)   The City's Police Department is charged with the responsibility for the enforcement of this section.
      (2)   No civil liabilities will arise from the actions of the law enforcement officer when stopping a vehicle enrolled in this program; provided, however, that the stop is made in accordance with the requirements of the Combat Automobile Theft Program.
(Ord. 94-21, passed 3-1-94)
OFFENSES AGAINST SAFETY
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