(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.
(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)