HomeMy WebLinkAbout943-05 Special Events 111111IIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIII1IIIIIII 011111
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ORDINANCE NO. 943-05 02
02/08/06 Dpty Clerk
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, CREATING A NEW ORDINANCE
PROVIDING FOR THE ISSUANCE OF PERMITS FOR SPECIAL
EVENTS ON PUBLIC PROPERTY; PROVIDING DEFINITIONS;
REQUIRING ISSUANCE OF A PERMIT PRIOR TO SPECIAL EVENTS
ON PUBLIC PROPERTY; PROVIDING PERMIT APPLICATION
REQUIREMENTS, CONDITIONS FOR PERMIT APPROVAL,
GROUNDS FOR PERMIT DENIAL AND REVOCATION; PROVIDING
FOR APPEAL OF PERMIT DENIAL; PROVIDING FOR SPECIAL
PERMITS FOR ALCOHOL SALES AT SPECIAL EVENTS; PROVIDING
CONDITIONS FOR ISSUANCE OF A SPECIAL PERMIT FOR
ALCOHOL SALES; AMENDING CHAPTER 112, SECTION 112.04,
ALCOHOLIC BEVERAGES, OF ! THE ZEPHYRHILLS CODE
PROHIBITING OPEN CONTAINERS ION PUBLIC WAYS, TO ALLOW
SPECIAL EVENT ALCOHOL PERMITS; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE. JED PITTMRN PPSCO COUNTY CLERK
02/08/06 10:32am 1 of 8
OR BK 6831 PG 1888
WHEREAS, the City of Zephyrhills is frequently the location of various festivals and special
events which create a positive economic impact to the City; and
HEREAS, the City Council desires to provide safe and enjoyable access to Zephyrhills whil
maintaining the quality of life for its residents; and
HEREAS, the adoption of permitting procedures and regulations applicable to al
organizations and individuals wishing to host a special event or festival within the City on public
property, will help to ensure a safe, orderly, and comfortable event; and
HEREAS, the intent of this ordinance is to maintain order and safety for festival and even
participants, while limiting the strain on City services and resources.
OW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills
lorida, as follows:
SECTION 1. The Special Events Ordinance is hereby created as follows:
�ection 1. Title and Applicability.
This Ordinance shall be known and may be cited as the "Special Event Ordinance" of th
City of Zephyrhills.
2. The recitals set forth above are incorporated and adopted herein.
Section 2. Definitions.
he following words, terms and phrases, when used in this Ordinance, shall have the meanings
scribed to them in this section, except where the context clearly indicates a different meaning:
ity subsidized event means a specifically identified level of support authorized by the Cit
ouncil and intended to assist the primary event promoter with the production of an event. Thi
upport may range from the use of the City of Zephyrhills name and logo to cash contribution
nd/or in-kind City support services. The specific level of subsidy shall be clearly specified in
t e approval letter.
ark usage event means any meeting, activity, gathering, group of persons, or a combinatio
t iereof, having a common purpose, design or goal within any public park which event will have
an estimated attendance of 50 persons of more, or which substantially inhibits the usual flow of
edestrian or vehicular travel immediately adjacent to that facility. To be approved as a park
sage event, said event may not conflict with an established City rental program or City
Record and Return to:
City Clerk's Office 1 1
5335 8th Sitreet �
Zephyrhill , FL 33542
OR BK 6831 PG 1889
2 of 8
recreational program at that facility. Unless a permit for consumption of alcoholic beverages has
been submitted, a park usage event shall not be required to undergo the complete special event
application and approval process, but may be subject to appropriate health and safety conditions.
Special event means any meeting, activity, parade, gathering, group of persons, animals, or
vehicles; or a combination thereof, having a common purpose, design or goal, upon any public
street, sidewalk, alley, park, or other public place or building, which special event substantially
inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area or
building which results in preemptive use by the general public or which deviates from the
established use.
Special uses as defined in NFPA 1, Fire Prevention Code, as adopted by Code of Ordinances
Sections 17.32 and 17.33. Special uses shall include, but not be limited to, events or occurrences
where threatening life safety situations or fire hazards exist or are likely to exist as determined by
the authority having jurisdiction.
Section 3. Permit Required.
No person, club, organization, individual, or any other unincorporated entity, shall conduct,
operate, and cause to occur, engage in, or host any special event. Special event permits shall be
issued only to not-for-profit corporations licensed to do business in the State of Florida. A
special event permit, including a permit for alcoholic beverage consumption, is a permissive use
only and may be revoked at any time upon failure to comply with any of the conditions of this
ordinance. In addition, the City reserves the right to revoke the issuance of a permit due to
extenuating circumstances prior to the occurrence of the event.
Section 4. Permit Application.
(1) Special event application.
(a) A person seeking issuance of a special event permit shall file an application with
the City Manager's office on forms provided by the City. Permits for recurring events may be
applied for and approved annually. Any changes or alterations to previously approved events
must be requested in writing. If such changes are determined to be substantive, the City
Manager may request a new application or impose additional conditions.
(b) An application for a special event permit shall be filed with the City Manager not
less than 90 calendar days and not more than 12 months before the proposed special event date.
In extenuating circumstances, the City Manager may waive the 90-day requirement upon good
cause shown.
(2) City subsidized events.
(a) A person seeking any level of City subsidy of a special event, through funding or
in-kind services, shall file an application with the City Manager on forms provided by the City
and containing information regarding the time, date, location, number of participants, utilities
needed, security, cleanup arrangements, amplification, and other information relevant to the
event. Review of these requests shall be part of the City's annual budget process.
(b) An application for any level of City subsidy of a special event shall be filed with
the City Manager by June 1St for events occurring during the following fiscal year beginning
October 1st. The City Manager may waive this requirement upon good cause shown.
(3) Provision of a policy of liability insurance in the amount of One Million Dollars
($1,000,000.00) shall be required where the special event involves: a) more than 50 persons; b) a
parade, march or rally upon the public roadways in Zephyrhills; or c) the use of commercial
vendors, or concessionaires. This policy shall name the City as an "additional insured" for the
event. A liability policy in the amount of One Million Dollars ($1,000,000.00) shall be required
if an application for consumption of alcoholic beverages is submitted or if the proposed event
contains potentially dangerous games, rides or activities.
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OR BK 6831 PG 1890
3 of
(4) The applicant shall agree to submit a written post event report on a form provided by the
ity, to the City Manager within 60 days after the event. This form shall become part of the
a plication, and failure to comply with this requirement may jeopardize approval of future
s ecial event applications from this applicant.
( ) The City shall have the authority to charge la reasonable fee to cover administrative costs
o processing and review of the application. Said fees shall be established by resolution of the
ity Council.
ection 5. Permit Conditions.
Permits issued pursuant to this ordinance shall be subject to the following conditions:
( ) In the case of parades, the event area shall cover the assembly and disbanding area i
aI dition to the parade route. In addition, parade applicants shall be liable for operation of thei
own motorized units and for persons included as part of that parade unit.
I
(2) For Special events not occurring entirely during daylight hours, the applicant mus
p ovide that adequate artificial light will be provided.
(3) The City's Police Chief or the Fire Chief may immediately terminate a special event i
tie continuance of the event endangers life or property and they shall notify the City Manager.
(4) The public forum area utilized shall be left clean and in substantially the same conditio
a prior to the special event.
( ) The Fire Chief shall have the authority to permit conditions to restrict, limit or prohibi
te use or construction of platforms, chairs, or other equipment, if such use could result i
�!Ihmage to City property, constitute a hazard to sl fety, or would block or infringe upon somher lawful use of the public property.
(6) The grant of the permit shall constitute the issuance of a limited license, and shall not
c eate a property right, or entitle the applicant to violate any general park rules or regulations, orl
r gulations applicable to the use of public property adopted by ordinance.
( ) The applicant shall be responsible for the payment of fees, deposits, or reimbursement o
c sts where a request is made to use City services, lequipment, or property for a special event. I
a dition, the applicant shall be responsible for all costs incurred should inspection services b
r quired in order to ensure compliance with the provisions of this ordinance. Any costs o
r pairs to or restoration of public facilities caused by the event shall be charged to the Applicant.
( ) The conduct of the event will not require the diversion of so great a number of polic
officers from the City to properly police the line of movement and the areas contiguous theret
a to prevent normal police protection to the City.
( ) The conduct of the event will not require the diversion of so great a number o
bulances and fire rescue units as to prevent normal ambulance and rescue service to othe
portions of the City.
( 0) The concentration of persons, animals and vehicles at assembly points in the event wil
rot unduly interfere with proper fire and police protection or with ambulance service to area
contiguous to the assembly areas.
( 1) The conduct of the event shall provide for access for emergency vehicles and equipmen
oth within and around the event.
( 2) The conduct of the event is not reasonably likely to cause injury to persons or property,t
rovoke disorderly conduct or to create a disturbance.
( 3) Parade events must be scheduled to move from its point of origin to the point o
t rmination expeditiously and without unreasonable delays en route.
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OR BK 6831 PG 1891
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Section 6. Additional Requirements for Public Facilities.
(1) Large events - Large events are defined as those events that have an estimated daily
attendance of 5000 or more individuals.
(2) Medium events - Medium events are defined as those events that have an estimated daily
attendance of between 1,000 and 5,000 individuals.
(3) Small events - Small events are defined as those events that have an estimated daily
attendance of between 300 and 1,000 individuals.
(a) Requirements - for each large, medium and small event, the organizer shall
provide, at its expense, a minimum of:
1. Required toilet units shall be provided pursuant to Pasco County Health
Department regulations depending upon the size of the event.
2. Public services staff members as determined by the Public Works
Director; and
3. Police and fire personnel as determined by the Police Chief and Fire
Chief.
(4) Individual events - Individual events are defined as those events which have an estimated
daily attendance of 50 to 299, or which events exceed street parking facilities. Individual events
may not be required to undergo the complete special event application and approval process.
(a) Requirements. For each individual event, the organizer shall provide, at its
expense, a minimum of:
1. Required toilet units shall be provided pursuant to Pasco County Health
Department regulations.
2. No additional public services staff members; and
3. No additional police and fire personnel.
(5) If two or more events are planned and allowed for the same dates and in the same general
or adjacent areas, the anticipated attendance will be combined for the purposes of planning City
services.
(6) All other conditions that may be required by state or federal agencies shall supercede the
provisions of this Ordinance.
Section 7. Grounds for Denial of Permit.
(1) Within 30 business days of the filing of the application for a special event permit, the
City Manager shall send the applicant written notice by regular United States mail of the action
he has taken on the application and, if denied, the specific reasons therefor. The permit for the
special event shall not be granted if one or more of the following conditions are found to exist:
(a) The application is incomplete in a material respect.
(b) The application has been fraudulently completed.
(c) A prior permit has already been issued for the same area requested within the
same calendar month.
(d) The application is not for an available public area, or the desired venue is no
longer suitable for the production of the event.
(e) An adjacent public area has already been scheduled for use at the same time and
simultaneous uses cannot be accommodated.
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OR BK 6831 PG 1892
5 of 8
(f) The estimate of the anticipated attendance is in excess of the maxim
esignated as allowable for the area.
(g) The Police Chief has factual kno fledge that the applicant or sponsoring grow
specifically intends to cause or create imminent lawless actions in connection with the specia
vent.
(h) The Fire Chief has knowledge that a special event fails to comply with applicabl
re and life safety laws and is considered a danger to public health, safety and welfare.
(2) Nothing contained in this section shall permit the City Manager, or designee, to deny
permit based upon political or religious grounds or reasons.
( ) A permit for a future occurrence of this special event shall not be granted if one or mor
f the following conditions exist:
(a) The previous event application was incomplete in a material respect causin
ndue hardship upon the resources of the City of Zephyrhills
(b) The application was fraudulently completed and/or misrepresented the intent an
onduct of the event. i
(c) The applicant failed to comply with the conditions stipulated in the approva
1 tter.
(d) The venue is no longer available for an event of that classification.
(e) The event is not compatible with the adjacent public or private area.
(f) The estimate of the anticipated attendance was in excess of the maximum
designated as allowable for the area.
(g) Failure of the event promoter or their staff to adequately cooperate with City staf
uring the production of the event
( ) If applicable, within 60 business days of the completion of a special event, the Cit
Manager shall send the applicant written notice by regular United States mail of any action h
as taken to deny future occurrences of this event and the specific reasons therefore.
ection 8. Appeal of Permit Denial.
(1) An applicant objecting to a permit condition or denied a special event permit required b
4iis ordinance may appeal the decision of the C ty Manager to the City Council by filing
written notice of appeal with the office of the C ty Manager within ten business days of th
ailing of the decision of the City Manager denying the permit. Said appeal shall be in a for
prescribed by the City Council.
(2) Such appeal shall be heard and decided by the City Council at the next regularl
si heduled City Council meeting, however, no sooner than five business days after said appeal i
f led. The applicant may appear at the hearing and)or be represented by counsel. Evidence on th
plicant's behalf may be presented at such hearing. The City Manager shall state the reasons fo
enying the permit and shall provide any other evidence supporting such denial. The City
ouncil shall have authority by a vote of a majority of its members to affirm, reverse or modif
t e decision of the City Manager. Such decision shall be in writing and contain the reason
t erefor. The decision, in written form, shall be mailed to the applicant within ten business day
f the appeal. The results of such appeal shall constitute final action by the City on such request.
( ) Denial of City subsidy or funding shall not be subject to appeal.
Section 9. Revocation of Permit.
5
OR BK 6831 PG 1893
6 of 8
(1) The City Manager shall have the authority to immediately revoke a special event permit
issued pursuant to this ordinance upon violation of the standards for issuance prescribed in this
ordinance. During the event, the Police Chief or the Fire Chief shall also have the authority to
order a termination of the event should the continuance of such event contribute to public
disorder or endanger life or property, or if he finds that the application was fraudulent in any
manner.
Section 10. Special Permit Required for Consumption of Alcohol.
No person shall sell or consume alcoholic beverages at any special event, as described in this
Ordinance, which is located on property owned by the City, unless an alcoholic beverage special
event permit is obtained as herein provided.
Section 11. Application Required for Permits for Alcoholic Beverage Consumption.
(1) An organization seeking approval for the sale and/or consumption of alcoholic beverages
at any event as described in this Ordinance, shall file a separate application with the City
Manager on forms provided by the City. Permits shall be issued only to non-for-profit
corporations licensed to do business in the State of Florida.
(2) The application shall be filed not less than 90 days prior to the proposed special event. In
extenuating circumstances, the City Manager may waive the 90-day requirement upon good
cause shown.
(3) The application for an alcoholic beverage special event permit shall include, in addition
to any information that is required above,the following information:
(a) General description of how the use of alcohol will be incorporated into the special
event.
(b) Diagram depicting specific clearly identifiable, designated and secured areas
within the event venue where beverage sales and consumption are to occur;
(c) Documentation of appropriate applications for state alcoholic beverage licensing;
(d) Description of how security and beverage law compliance will be provided,
including hours of sale and consumption during the event; and
(e) Description of the type(s) of beverage(s) and beverage container(s) to be used in
conjunction with the event.
Section 12. Conditions for Alcoholic Beverage Special Event Permit.
(1) Permits issued pursuant to this ordinance for the sale and/or consumption of alcoholic
beverages at any event as described in this Ordinance shall be subject to the following conditions
in addition to those contained in Sections 5 and 6, above:
(a) At least ten days prior to the occurrence of the event, the applicant must provide
to the City Manager, in addition to event insurance required above, written proof of general
liability and other insurance as required by the provisions of Florida Statutes for the sale and/or
consumption of alcoholic beverages.
(b) The proposed sales and/or consumption activity shall not unreasonably interfere
with or detract from the promotion of public health, welfare, and safety.
(c) The use of alcoholic beverages shall not result in violence, crime or disorderly
conduct.
(d) The person or entity responsible for the sale of alcoholic beverages meets state
minimum age licensing requirements and has not been convicted of a felony or crime involving
moral turpitude.
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HBK 6$31 Pc 18g4
of
(e) At least ten days prior to the occurrence of the event, the applicant shal
emonstrate that it has obtained all necessary federal, state and local permits to engage in th
roposed sales and/or consumption activity. Copies of said permits shall be provided to the Ci
Manager.
(f) Hours of operation for the sales and/or consumption activity shall comply with th
rovisions of Section 112.04 of the Zephyrhills Code of Ordinances.
(g) Alcoholic beverages shall be served in containers meeting industry standards fo
uch events. Alcoholic beverage containers shall be so designed and constructed that la
nforcement officers may ascertain their contents upon visual inspection. The applicant shal
rovide for proper disposal of litter resulting from the activity.
(h) The applicant shall comply with all other ordinances associated with permitting of
vents upon public property.
(i) The sale and consumption of alcoholic beverages shall be confined to clearl
efined, designated and secured areas within the elvent venue. This may be the entire event are
r a designated area within it.
(j) The applicant shall pay all costs of police, fire rescue, and other City service
ttributable to the sale or consumption of alcoholic beverages during the activity.
(k) The City Council may designate by resolution, City-owned parks or areas wher
lcohol may not be served, sold or consumed.
ECTION 2. Chapter 112, Section 112.04 of the Zephyrhills Code of Ordinances is hereb
ended as follows:
ection 112.04 Consumption and Possession Prohibited on Certain City Property
xcept as provided and permitted in the Special Events Ordinance, it shall be unlawful for an
erson to drink, consume, transport, carry or possess any alcoholic beverage on the premises o
t e City Hall, the Alice Hall Community Center premises or in any public park owned by th
City as designated as a public park within the City limits.
ECTION 3. Codification.
I is the intent of the City Council of the City of Zephyrhills that the provisions of this ordinanc
s all become and be made part of the Zephyrhills Code of Ordinances.
ECTION 4. Repealer.
11 ordinances or parts of ordinances in conflict herewith are hereby repealed.
ECTION 5. Severability.
I is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if an
s ction, subsection, sentence, clause, or provision of this ordinance shall be declared invalid, th
r mainder of this ordinance shall be construed as not having contained said section, subsection
s ntence, clause, or provision and shall not be affected by such holding.
ECTION 6. Effective Date.
his ordinance shall take effect June 1, 2006.
he foregoing Ordinance No. 943-05 was read and passed on the first reading in an open an
r gular meeting of the City Council of the City of Zephyrhills, Florida, on this 28th day o
ovember, 2005.
Attest: r✓ CZ��L ,
-Linda D. Bo , City Clerk Cathi L. Compton, Council Presid nt
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OR BK f 831 PG 1ggTh
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The foregoing Ordinance No. 943-05 was read and passed on the second reading, following a
public hearing, in an open,and regular meeting of the City Council of the City of Zephyrhills,
Florida, on this 9th day of January, 2006.
Attest:
Linda D..Boan,'City Clerk Cathi L. Compton, Council President
The foregoing Ordinance No. 943-05 was approved by me this 9th day of January, 2006.
W. Cliff Du fie, or
Approv d to 1 for legal content
aria S. Owens, City Attorney
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