HomeMy WebLinkAboutOrdinance No. 04-2010ORDINANCE NO. 04-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, REPEALING THE
EXISTING PROVISIONS OF ARTICLE III, CHAPTER 10 OF
THE CI'T'Y CODE RELATER TO OUTDOOR
ENTERTAINMENT; ADOPTING A NEW ARTICLE III OF
CHAPTER 10 REGULATING THE PERMITTING OF
OUTDOOR ENTERTAINMENT EVENTS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City does not desire to exclude communication of a particular content, but
instead desires to coordinate multiple uses of limited public space, to assure preservation of its parks
and other City facilities, and to prevent uses that are dangerous, unlawful, or impermissible under
the local, state, and federal statutes or regulations; and
WHEREAS, regulations of the use of a public forum that ensure the safety and convenience
of the people are not inconsistent with civil liberties but are one of the means of safeguarding the
good order upon which civil liberties ultimately depend. See Cox v. New Hampshire, 312 U.S. 569,
574 ( 1941); and
WHEREAS, in order to regulate competing uses of public forums owned or controlled by
the City, the City may impose permit requirements on those persons wishing to use such p ublic
forums, so long as the permitting scheme does not delegate overly broad licensing discretion to a
City official and limitations on the time, place and manner of speech are not based on the content
of a message, are narrowly tailored to serve a significant governmental interest, and leave ample
alternatives for communication. See Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992);
and
WHEREAS, the permitting procedures of this Ordinance are intended to provide narrow,
objective, reasonable, and adequate standards to guide the City Manager in the manager's decision
to approve or deny an application for an outdoor entertainment event permit in order to provide for
effective judicial review. ,See Thomas v. Chicago Park .fist., 534 U.S. 316 (2002); and
WHEREAS, this ordinance is intended to provide adequate procedural safeguards to persons
wishing to obtain a permit hereunder.
WHEREAS, without the necessity of obtaining a permit hereunder, outdoor entertainment
events and use of City -owned facilities may create disturbances, become nuisances, menace life,
City of Cape Canaveral
Ordinance No. 04 -2010
Page Iof 18
limb, and property, or disrupt traffic. See Shuttlesworth v. Birming 394 U.S. 147 (1969); � � and
WHEREAS, the City Council of the City of Cape Canaveral, Florida hereb y finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein b this
y
reference as legislative findings and the intent and purpose of the City Council of the Ci ty p of Cape
Canaveral.
Section 2. Repeal of Existing Article III, Chapter 10. The City Council of the Cit
of Cape Canaveral hereby repeals Article 111. Outdoor Entertainment, of Chapter 10 of the City Code
p ty
in its entirety. Article III of Chapter 10 is attached hereto for reference purposes only as Exhibit
46 A , 9 ')
Section 3. Adoption of New Article III, Chapter 10. A new Article III of Chapter 10
is hereby adopted as follows:
ARTICLE III, OUTDOOR ENTERTAINMENT EVENTS
DIVISION 1, GENERALLY
Sec. 10 -45. General Provisions.
(a) Title. This article shall be known and may be referred to as the "City of Cape
Canaveral Outdoor Entertainment Events Ordinance."
(b) Purpose and intent. The purpose and intent of the City of Cape Canaveral Outdoor
Entertainment Events Ordinance is to provide a content neutral time, place and manner
permitting scheme, to regulate the use of public property; to coordinate the multiple uses of
limited public space; and to prevent dangerous, unlawful or impermissible uses.
(c) Permit required. Any outdoor entertainment event held within the corporate limits
of the city, unless otherwise exempted herein, shall obtain a permit. All outdoor
entertainment events shall comply with the provisions of this article and with all terms,
conditions, and requirements endorsed upon the permit.
(d) Administrative policies and guidelines. The city manager shall be responsible for
establishing administrative policies and guidelines to implement this article in cooperation
with the building official, public works director, precinct commander, Cape Canaveral
Volunteer Fire Department and any other city personnel deemed necessary by the city
manager.
City of Cape Canaveral
Ordinance No. 04 -2010
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Sec. 10 -47. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant shall mean the individual or entity that makes application to the city to hold an
outdoor entertainment event. The applicant is responsible for compliance with terms and conditions
of this article.
Application shall mean the documentation submitted by the applicant to the event
coordinator, in conformance with this article, to request the issuance of an outdoor entertainment
event permit.
Application fee shall mean the non - refundable fee paid in connection with an application
made pursuant to this article.
Beer garden shall mean a specially designated area, shown on the event site plan, which is
intended to contain all sales and consumption of alcohol. The beer garden shall be surrounded by
perimeter fencing with controlled ingress and egress points for the purpose to verify people entering
the beer garden are of legal age to purchase and consume alcohol. Alcohol tickets may be sold and
purchased outside of the beer garden. All alcohol sold, purchased, consumed, and or transferred
during the event shall occur within the fenced beer garden perimeter.
City manager shall mean the city manager for the City of Cape Canaveral.
City organized events shall mean any outdoor entertainment event planned and conducted
by the city.
Day shall mean calendar days unless specifically provided otherwise herein.
Event coordinator shall mean the city staff person appointed by the city manager to
coordinate the permitting of outdoor entertainment events and to implement the permits approved
by the city manager in accordance with this article.
Extra personnel hours shall mean the total of all hours worked by city employees to
accomplish the necessary administrative, facility maintenance and service, security, sanitary, and
oversight components of the outdoor entertainment event, which is the subject of the application, to
the extent that such hours exceed the total number of hours which would have been worked by those
same city employees had the outdoor entertainment event not taken place. Excluded from this
definition are the personnel hours worked by the event coordinator and the personnel hours worked
by any person of the level of department manager /director or higher.
.Internal security plan shall mean a plan submitted by the applicant and approved, as
submitted or as modified thereafter, by the city manager, for the provision of security to public and
private property, performers, entertainers, exhibitors, speakers or other persons in the immediate area
City of Cape Canaveral
Ordinance No. 04 -2010
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central to the outdoor entertainment event, known as the outdoor entertainment event production
area. The term internal security plan does not apply to any plan for public safety personnel necessary
to provide for the protection of a outdoor entertainment event and its attendees from hostile members
of the public or counter- demonstrators.
Outdoor entertainment event shall mean any public celebration or gathering, conducted in
whole or in part in the open air, such as but not necessarily limited to athletic entertainments,
carnivals, dancing, concerts, block parties, dramatic productions, art exhibitions, parades or the sale
of merchandise, food or alcohol, or any combination of the foregoing, which:
(1) Involves the use of or impact to public or private property, or property dedicated
exclusively for public use;
(2) Where the nature of such outdoor entertainment event requires the erection of stages,
barricades, utility poles, booths, tents, or other temporary structures, or the use of
parked vehicles or of permanent structures; and
(3) Which of necessity requires, for the outdoor entertainment event's successful
execution, the provision and coordination of municipal services to a degree
significantly over and above that which the city routinely provides under ordinary
everyday circumstances.
Outdoor entertainment event permit shall mean a permit granting an applicant the authority
to hold an outdoor entertainment event.
Outdoor entertainment event production area shall mean the area or areas, not necessarily
contiguous to each other, including and immediately surrounding the portion or portions of the
outdoor entertainment event location(s) which are central to the production of the event, including,
but not limited to, stages, barricades, utility poles, booths, tents, or other temporary or permanent
structures or parked vehicles erected or utilized by the applicant for the production of the event.
Person shall mean any individual person, or any firm, partnership, association, corporation,
company, or organization of any kind, or any combination of such persons.
Precinct commander shall mean the precinct commander for the Brevard County Sheriff's
Office, Canaveral Precinct, or the precinct commander's designee.
Public property shall mean any public street, right of way, sidewalk, park, place, property,
easement, structure or facility owned, dedicated, controlled or otherwise under the jurisdiction and
control of the city.
Sidewalk shall mean any area or way set aside or open to the general public for purposes of
pedestrian traffic, whether or not it is paved.
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Ordinance No. 04 -2010
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Site Plan shall mean a graphic representation, drawn to scale, no greater than one inch to 50
feet, which clearly depicts the outdoor entertainment event production area, and which shall include,
at a minimum:
(1) Site vicinity map;
(2) Property lines, paved areas, grass areas, sidewalks and streets;
(3) Existing structures with designated uses clearly identified;
(4) Proposed temporary structures and usage areas, including tents, fencing, gates,
concession areas, viewing stands, stages, temporary electrical poles, generators, fire
extinguishers, aid stations, connections to potable and waste water systems, restroom
facilities and dumpsters;
(5) Lighting plan, if proposed event is to occur during night -time hours;
(6) Total number of off site and on -site parking spaces and loading zones;
(7) Traffic flow diagram depicting proposed vehicle and pedestrian traffic flow and
ingress and egress routes;
(8) Location of any public address sound system; and
(9) Any provisions made for handicap access or special uses unique to the outdoor
entertainment event.
Street shall mean any place or way set aside or open to the general public for purposes of
vehicular traffic, including any curb, gutter or shoulder, parkway, right -of -way, or median strip
thereof.
Temporary structure shall mean sheds, booths, bleachers, canopies, tents, stages, scaffolding,
fences and other structures erected for temporary purposes during an outdoor entertainment event.
Vendor shall mean any person, corporation, entity or enterprise providing the sale of goods
or services for profit and/or the promotion, production, operation or management of any activities
related to an outdoor entertainment event.
Sec. 10 -48. Compliance with other laws.
The staging, promoting or conducting of an outdoor entertainment event shall be in full and
complete compliance with this article, beverage laws and other laws, ordinances and regulations
applicable to the outdoor entertainment event.
Sec. 10 -49. Local business tax receipt required.
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Ordinance No. 04 -2010
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It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment
event in the city without a valid local business tax receipt, as required by law.
Sec. 10 -50. Penalties and enforcement.
(1) It shall be unlawful for any person to stage, present, conduct, or attempt to stage,
present, conduct an outdoor entertainment event without first having obtained an outdoor
entertainment event permit as provided in this article.
(2) It shall be unlawful for any person to participate in an outdoor entertainment event
for which an outdoor entertainment event permit has not been granted under this article.
(3) It shall be unlawful for any person to fail to comply with all directions and conditions
of the outdoor entertainment event permit issued pursuant to this article.
(4) The penalties for a violation of this article are set forth in section 1 -15 of the City
Code. Nothing contained herein shall be construed as a limitation on the city's ability to seek
any other remedy provided by law.
Secs. 10- 51- 10 -60. Reserved.
DIVISION 2. PERMIT
Sec. 10 -61. Application.
(a) Application. Any person desiring to hold an outdoor entertainment event must
submit a completed outdoor entertainment event permit application to the event coordinator
no later than forty -five (45) days prior to the commencement of such event. The application
shall be made on a form approved by the city manager and shall be accompanied by a non-
refundable application fee established by resolution of the city council. Outdoor
entertainment events separated by a period of 24 hours shall be considered separate events
and shall each require a separate application and fee. At a minimum, the application shall
contain the following information:
(1) Applicant's name and mailing address;
(2) Name and contact information of applicant's main point of contact during the
permitting process;
(3) Name and contact information of applicant's main point of contact during the
outdoor entertainment event;
(4) Proposed date(s), time(s) and location(s) of outdoor entertainment event; and
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Ordinance No. 44 -2010
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(5) Description of proposed events and activities comprising the outdoor
entertainment event.
In addition to the information required upon the application, the applicant shall provide as
attachments to the application a site plan and an internal security plan.
(b) Application review; event planning meeting; review criteria.
(1) Upon receipt of the completed application and application fee, the event
coordinator shall forward copies of the application to the precinct commander, the
Cape Canaveral Volunteer Fire Department, the building department and public
works for review. Each department shall review the application, determine the
number of extra personnel hours estimated to be required from such department to
support the proposed outdoor entertainment event and provide preliminary written
comments regarding same. The comments shall be returned to the event coordinator
within ten (10) working days from receipt. The comments shall be retained with the
application file.
(2) Upon receipt of the department comments, the event coordinator shall
schedule an event planning meeting between the applicant, the event coordinator and
a representative from each the city departments providing comments. If the applicant
will be designating an entertainment or safety coordinator for the outdoor
entertainment event, those designated individuals shall also attend the event planning
meeting. During the meeting, the site plan, internal security plan, department
comments and estimated extra personnel hours costs shall each be reviewed and
evaluated. The commenting departments shall finalize their comments and
recommended conditions on the application.
(3) Within five (5) days of the event planning meeting, the event coordinator
shall forward a recommendation of approval, denial, or approval with conditions to
the city manager. The city manager shall be charged with the responsibility and
authority to determine whether a particular applicant should be granted an outdoor
entertainment event permit in the time, manner and place proposed; whether
modifications in the outdoor entertainment event as to time, manner and place shall
be required according to criteria established by this section; or whether such permit
shall be denied altogether.
(4) The event coordinator shall notify the applicant in writing of the city
manager's determination on the application within twenty (20) days of receipt of a
properly filed application.
(5) In determining whether to grant the particular permit in accordance with the
time, manner and place requested, whether to deny the permit as requested and
propose a modified time, manner and place, or whether to deny the permit altogether,
the city manager shall be guided by the following criteria:
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Ordinance No. 04 -2010
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a. No permit shall be denied nor shall the applicant for a permit be given
less favorable treatment as to time, manner, or place on account of any
message which may be conveyed at an outdoor entertainment event, or on
account of the identity or associational relationships of the applicant.
b. No permit shall be denied nor shall the applicant for a permit be given
less favorable treatment as to time, manner, or place on account of any
assumption or predictions as to the amount of hostility which may be aroused
in the public by the content of speech or message conveyed by the outdoor
entertainment event, provided that reasonable accommodation as to time,
manner, and place may be required in order for the city to provide the
resources necessary for law enforcement protection.
C. When there are competing applications which are substantially for the
same time and place, the earlier or earliest application to be received in a
substantially completed form accompanied by the requisite application fee
shall be given priority as to the time and place requested. Provided, however,
that city organized events on city property shall be given priority over
competing applications for the same time and place.
d. Except as provided otherwise in this article, under no circumstances
shall the city manager approve any permit which allows the applicant to limit
the use of public streets by pedestrians using the street to move from location
to location or to limit the use of the public parks when use of the park by the
general public shall not unreasonably disturb the activities of the outdoor
entertainment event. Nothing in this subsection shall be construed to prohibit
the imposition of reasonable restrictions on the movement of the general
public which are necessary for the carrying out of the outdoor entertainment
event.
e. Notwithstanding the foregoing, the city manager may deny a permit
to an applicant where:
1. The applicant has previously made material
misrepresentations regarding the nature or scope of an outdoor
entertainment event or activity previously permitted;
2. The applicant has violated the terms of prior permits issued to
or on behalf of the applicant;
3. The application for an outdoor entertainment event permit
(including any required attachments and submissions) is not fully
completed and executed;
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Ordinance No. 04 -2010
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4. The applicant has not tendered the required application fee
with the application or has not submitted 14 days prior to the event
the payment of the cost of the estimated extra personnel hours, the
clean -up and damage deposit or any other fee imposed under this
article;
5. The application for an outdoor entertainment event permit
contains a material falsehood or misrepresentation;
6. The applicant is legally incompetent to contract or to sue and
be sued;
7. The applicant or the person on whose behalf the application
for permit was made has on prior occasions damaged city property
and has not paid in full for such damage, or has other outstanding and
unpaid debts to the city;
8. A fully executed application for an outdoor entertainment
event permit for the same time and place has been previously
received, and a permit has been or will be granted to a prior applicant
authorizing uses or activities which do not reasonably permit multiple
occupancy of the particular city facility;
9. The use or activity intended by the applicant would conflict
with previously planned program(s) organized and conducted by the
city and previously scheduled for the same time and place;
10. The proposed use or activity is prohibited by or inconsistent
with the approved uses of the city facilities;
11. The use or activity intended by the applicant would present an
unreasonable danger to the health or safety of the applicant or other
users of the city's facilities, city employees or the public in general;
12. The applicant has not complied or cannot comply with
applicable license requirements, laws, ordinances or regulations of the
city, county or state concerning the sale or offering for sale of any
goods or services;
13. The use or activity intended by the applicant is prohibited by
federal, state or local statute, ordinance, or regulation;
14. A previous outdoor entertainment event held by the applicant
proved to be unprofessionally managed or organized; resulted in
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Ordimnce No. 04 -2010
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violence or chaos; or otherwise threatened the general health, safety
or welfare of the public; or
15. A previous outdoor entertainment event held by the applicant
resulted in claims being filed against the city for damages or personal
injury as a result of actions or omissions of the applicant or a
contractor /vendor hired by the applicant.
(c) Permit approval, denial and approval with modifications.
(1) If the application is approved, the event coordinator, in consultation with the
commenting departments, shall implement any and all necessary restrictions or
conditions as to time, manner and place, to be observed in accordance with public
safety, environmental and administrative considerations. Provided, however, that
such considerations shall not include any consideration of the content of any speech
or message which may be conveyed by such outdoor entertainment event, nor by any
considerations concerning the identity or associational relationships of the applicant,
nor to any assumptions or predictions as to the amount of hostility which may be
aroused in the public by the content of the speech or message conveyed by the
outdoor entertainment event.
(2) An applicant denied a permit to conduct an outdoor entertainment event, or
notified that the permit will be granted with modifications as to time, manner, or
place, or with restrictions or conditions, shall be notified in writing, stating in
specific terms the reasons for the denial or shall state clearly the terms of the
conditions, restrictions or modifications if not agreed upon by the applicant. The
notice shall also inform the applicant of the right of appeal as provided in this
section.
(3) Any aggrieved applicant shall have the right to a public hearing before the
city council, provided that the request for such hearing is made to the city manager
within five (5) days after the receipt of the notice. Notices which are given only by
mail shall be presumed to have been received three (3) days after the mailing.
Notices given in person, hand - delivered to the address of the applicant or sent by
facsimile transmission or e -mail shall be presumed to have been delivered on the date
given or sent.
(d) Hearings and appeals.
(1) Hearings contesting the denial of an outdoor entertainment event permit shall
be held as provided in this section and shall be scheduled within ten (10) business
days after receipt of the request for a hearing by the city manager. The hearing may
be continued at the request of the applicant to allow the attendance of any necessary
party or witness, but only from day to day. The determination of such hearing shall
be made at the conclusion of the hearing, and the city council shall issue a written
City of Cape Canaveral
Ordinance No. 04 -2010
Page 10 of 18
determination within one (1) business day thereafter, which determination shall
affirm or modify the decision of the city manager.
(2) The hearing under this section shall be de novo, and shall be informal. Such
hearing shall evaluate the city manager's decision and the application in accordance
with the criteria of this article.
(3) The written determination of the city council, as provided in this section, shall
be the final decision of the city in the matter.
Sec. 10 -62. Alcohol sales and consumption.
(a) Should the outdoor entertainment event have sales, consumption, or transfer of
alcohol, the site plan shall indicate and show the location, size /area, containment/perimeter
fencing type, and ingress /egress points of the beer garden. In no case shall the beer garden
constitute an area greater than one -third ( 113) the area of the total event site plan. The
applicant shall provide information, as part of the application, how ingress into the beer
garden will be monitored to verify proof of legal age to purchase and consume alcohol.
(b) No glass or metal beverage containers maybe sold to, provided for, or used by event
attendees for the purpose of beverage or food consumption. Souvenir glass and metal
containers by be sold but may not be used for consumption on the event site. All glass or
metal souvenir containers sold must be sealed and packaged while in the outdoor
entertainment events area.
(c) The city manager may exempt outdoor entertainment events from the beer garden
requirement provided the outdoor entertainment event meets the following special
conditions:
(1) The sale and consumption of alcoholic beverages is limited to beer and wine
and is licensed by the State of Florida;
(2) The boundary of the area where beer and wine will be sold and consumed is
approved by the city manager in consideration of the public safety, health, and
welfare and the boundaries of said area are identified by existing natural (e.g. water
bodies) and manmade (e.g. roads, sidewalks) landmarks or manmade temporary
landmarks provided by the applicant specifically for the outdoor entertainment event
(e.g. temporary barriers and signage);
(3) During the outdoor entertainment event, the applicant shall be required to
implement a procedure for checking identification cards for purposes of verifying
that a person can lawfully buy and consume beer and wine. The sale and
consumption of beer and wine by minors and habitual drunkards shall be strictly
prohibited and controlled by the applicant;
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Ordinance No. 04 -2010
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(4) The applicant shall be required to issue wristbands to any person who desires
to lawfully buy and consume beer and wine at the outdoor entertainment event. The
wristband shall be a minimum of one -half (' /z) inches wide, be a bright and
conspicuous color, and be worn at all times during the event by the person buying
and consuming alcohol. It shall be unlawful for any person to consume beer and wine
at the outdoor entertainment event without wearing a wristband issued hereunder.
It shall also be unlawful for any person to transfer a wristband issued under this
subsection to any person who is a minor, habitual drunkard, or who has not been
screened by the applicant pursuant to subsection (3) above. The applicant shall be
required to post appropriate signage in conspicuous places around the event notifying
the patrons that it is unlawful to buy and consume beer and wine during the outdoor
entertainment event without wearing wristbands required hereunder and that it is also
unlawful to transfer said wristband to another person during the outdoor
entertainment event;
(5) The applicant shall be required to erect temporary signage that clearly
identifies where beer and wine may be sold and consumed during the outdoor
entertainment event;
(6) The sale or distribution of beer and wine to patrons shall cease at least 30
minutes prior to the end of the outdoor entertainment event.
Sec. 10 -63. Insurance requirements.
(a) All outdoor entertainment events approved by the City shall require a fully paid
commercial general liability damage insurance policy. If alcohol is sold and/or consumed,
a liquor liability policy shall be required as well. Such insurance policies shall be procured
by the applicant from a company licensed to do business in the state. These policies must
protect the city, its officers, agents, attorneys, the outdoor entertainment event and its
contractors from any and all claims or damages to property and or bodily injury which may
result from or in connection with any of the operations carried on by the presenter of the
event, list the city as an additional named insured, and provide for no deductible. The event
coordinator must receive a certificate of insurance no later than two (2) weeks prior to the
date of the outdoor entertainment event, and a copy of the policies prior to the start of the
event. The required coverage limits of insurance policies required by this section shall be
established by the city manager in an administrative policy taking into consideration the
proposed activities occurring as part of the outdoor entertainment event and commensurate
with the potential risk for damage to persons and property.
(b) The applicant shall also provide proof of worker's compensation insurance at the
limits provided by the Florida Statutes.
Sec. 10 -64. Closure or gating of public property and streets.
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Ordinance No. 04 -2010
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(a) Streets may be closed, portions of streets and parks maybe gated, and an admission
fee may be charged in connection with an outdoor entertainment event at the discretion of
the city council.
(b) In reviewing a request for closure of a street, gating of a park or the charging of an
admission fee for the outdoor entertainment event, due regard shall be given to public safety
and environmental effects of such closing, to ensure that all reasonable steps are taken to
minimize the adverse effect such closings may have upon the public.
(c) If an event is gated, no person shall be barred from entering the gated area on the
grounds of race, color, religion, gender, age, disability or national or ethnic origin.
(d) The city council has the full and sole authority to close any city street or roadway
and/or detour traffic due to a outdoor entertainment event.
(e) Barricades and temporary signage for approved street closures shall be provided by
the applicant. All barricades and temporary signage provided by the applicant shall be
approved by the precinct commander prior to the outdoor entertainment event. It shall be the
responsibility of the applicant, in coordination with the Sheriff s Department, to setup and
breakdown the barricades and temporary signs at the approved times, as set -forth upon the
permit.
Sec. 10-65. other public gatherings.
Nothing in this article shall be construed to prevent members of the public from assembling
in the parks or streets for the purpose of making any speech or conveying any message to the public
or to the government without holding an outdoor entertainment event permit pursuant to this article.
Should any such persons wish to assemble for such purpose and should they not be holding an
outdoor entertainment event permit under this article, they shall not be prevented from doing so,
provided that they have complied with any other federal, state, or local law or ordinance, if there be
any, regulating such other event or gathering, and providing they are peaceable and not in violation
of any laws concerning the public order. Persons not holding such an outdoor entertainment event
permit under this article, however, will not be entitled to the benefits provided by this article,
including but not limited to, the right to erect stages, barricades, utility poles, booths, tents, or other
temporary structures or the use of parked vehicles or of permanent structures, or to the assistance of
city personnel in carrying out the event, unless otherwise authorized by some other law or ordinance.
Sec. 10 -66. Clean -up and damage deposit.
Any person issued an outdoor entertainment permit shall be required to submit aclean-up
and damage deposit, in an amount established by resolution of the city council, to the city treasurer
to cover any expenses incurred by the city to clean -up any debris, paper, litter or trash left at the
conclusion of the outdoor entertainment event. The deposit shall be returned to the permittee upon
certification by the city manager that no additional clean-up is required as a result of the event and
that no damage to public property occurred as a result of the event. The city manager shall render
City of Cape Canaveral
Ordinance No. 04 -2010
Page 13 of 18
such certification approximately 24 hours following the scheduled conclusion of the event. Should
any permittee fail to sufficiently clean -up or repair damage within the 24 -hour time period, the cit
shall have the right to take such corrective action as it may deem necessary and to deduct the cost
of cleanup or repair from the amount of the deposit.
Sec. 10 -67. Location of public parking; transportation services.
The applicant shall be responsible for submitting a parking plan depicting adequate public
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parking and transportation services to the outdoor entertainment event staging area. The number of
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parking spaces deemed adequate shall be established by the city manager in an administrative polic
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taking into consideration the proposed size, scope and location of the outdoor entertainment event.
The applicant shall at all times ensure adequate access and parking for all security, fire rotection
and emergency medical service vehicles to the immediate vicinity ofthe outdoor entertainment event
staging area.
Sec. 10 -68. Turtle protection.
No permit shall be issued for an outdoor entertainment event located on the beach or in the
dune areas during turtle nesting season, which is between May 1 and October 31 each Y ear.
Sec. 10 -69. Temporary structures; integrity, height, location.
Permittees shall be responsible for permitting the erection of any temporary structures used
for the outdoor entertainment event and shall be responsible for their structural integrity. Temporary
structures shall be structurally sound based on the anticipated number of persons specified to use the
structure. The height of temporary structures shall not exceed thirty (30) feet above the existing
ground elevation. The location of all temporary structures shall be approved as part of the outdoor
entertainment event permit and shall not be located as to damage the environment. All temporary
structures shall be properly anchored against the possibility of strong weather conditions.
Sec. 10-70. Vendors,
The location of any vendors providing goods or services in support of a permitted outdoor
entertainment event shall be depicted on the applicant's site plan. Permittees shall provide the events
coordinator with a complete list of all vendors participating in the outdoor entertainment event as
soon as is practicable. The city may require vendors to be registered with the city in order to ensure
vendors are properly licensed to conduct business in the City of Cape Canaveral, in accordance with
Florida law.
Sec. 10 -71. Use of water craft.
(a) If a permitted outdoor entertainment event requires the use of water craft for
competition, servicing, maintenance, safety or any other reason, said water craft shall be
permitted in approved areas, as determined in the event planning meeting. Access areas to
waterway shall be established during the event planning meeting. Temporary buoys and
City of Cape Canaveral
Ordinance No. 04 -2010
Page 14 of 18
markers may be placed in the water with approval from the appropriate governing agency.
If the outdoor entertainment event involves water craft competition, waterborne rescue and
life- saving personnel and equipment, they shall be on -duty and prepared to act to protect
competitors and spectators during all competitions and practices. Appropriate locations for
work areas for water craft shall be designated and approved by the city as part of any permit
issued under this article.
(b) No vehicles, trailers or mobile equipment shall be ermitted on the e beach outside of
the approved designated areas. Loading and unloading of water craft . g ft from trailers, shall be
permitted only to designated locations, as determined in the lannin meeting. p g g No storage
of vehicles or trailers shall be permitted in such areas. No fueling, g, fueling or storage of
fuels shall be permitted on the beach.
(c) Vehicles used for transporting trailers on the beach shall be approved by the city.
Sec. 10 -72. Metered parking.
If any outdoor entertainment requires the use of metered arkin spaces p g p or Impacts an area
that will result in a loss of revenue from parking meters due to the outdoor entertainment event, the
applicant shall be responsible to reimburse the city or the amount of the lost t revenue. Any costs
incurred under this section shall be determined during he event planning meet'
g p g xng and shall be due
to the city along with the costs for extra personnel hours and other fees due '
under this article. The
formula for determining the costs for the number of arkin meters affected
P g shall be the number of
meters occupied by the outdoor entertainment event multiplied b the number of hours per Y p day the
meters are occupied, multiplied by the number of days affected, at the current rate p er hour.
Consideration may be given to allowing the applicant use of the parking p p g spaces covered by the
meters, provided public and emergency vehicle access is not affected.
See, 10 -73. Fees and deposits.
Any applicant seeking to make application for and obtain an outdoor entertainment event
y
permit shall agree to accept conditions in accordance with this article and a the
p prescribed fees,
as amended from time to time, and adopted by resolution of the city council.
(a) No later than 14 days prior to the each outdoor entertainment event being held,
applicants shall make full payment to the city for the cost of the estimated extra personnel
hours, the clean-up and damage deposit and any other fee authorized under this article.
(b) Upon request, the City Council may waive fees and deposits imposed pursuant p p p t to this
article for nonprofit organizations based upon the City's experience with previous tY p p s events,
and the size, duration and location of the proposed outdoor entertainment event if the
City
Council determines that the outdoor entertainment event serves a municipal p purpose
including, but not limited to economic development, city organized events or other Y g local
charitable events.
City of Cape Canaveral
Ordinance No, 04 -2010
Page 15 of 18
(c) To the extent that any outdoor entertainment event may require extra personnel hours
in excess of those endorsed upon the permit, the applicant shall be required to reimburse the
cost of such additional extra personnel hours, provided that the city manager, in order to
impose such additional amount, must mail or deliver an invoice for such additional amount
to the applicant no later than sixty (60) days after the date of the outdoor entertainment event.
(d) To the extent that any outdoor entertainment event required fewer extra personnel
hours than anticipated and endorsed upon the permit, the applicant may request a refund by
submitting such request in writing to the event coordinator within thirty (30) days of the
conclusion of the outdoor entertainment event. The event coordinator will provide a
recommendation regarding such request to the city manager within ten (10) days of receipt
of such request. The city manager may, in the city manager's sole discretion, authorize a
refund equivalent to the reduction in extra personnel hours required.
(e) No applicant for or recipient of an outdoor entertainment event permit shall be
required to provide for or pay for the cost of public safety personnel necessary to provide for
the protection of any outdoor entertainment event attendees from hostile members of the
public or counter - demonstrators, or for general law enforcement outside the vicinity of the
outdoor entertainment event. The holder of a permit shall be required, however, to provide
an internal security plan and shall be required to provide and pay for off -duty police officers
and private security guards in order to implement such plan. In determining the adequacy
and appropriateness for any internal security plan, the city manager shall be guided solely by
considerations of the number of off -duty law enforcement and private security guards
necessary to provide for internal security for the outdoor entertainment event production area
and the control of traffic generated by the event, as indicated by experience with similar
events. To this end, the city manager may consider the advice and counsel of public safety
professionals and persons with expertise in handling or promoting similar events, including
but not limited to the event coordinator and the precinct commander.
In evaluating the internal security plan, the city manager shall not take into account the
message of the outdoor entertainment event, the content of any speech, the identity or
associational relationships of the applicant or any assumptions or predictions as to the
amount of hostility which may be aroused in the public by the content of speech or message
conveyed by the event. The internal security plan shall specify that the number of off -duty
law enforcement officers hired by the applicant shall be the same or more than the number
of private security guards hired for such purpose. At the option of the applicant, the security
forces under the internal security plan may be comprised entirely of off-duty law enforcement
officers.
See. 10 -74, other permits and licenses.
Nothing in this article should be construed as repealing of '
. , p g her sections of this Code or other
laws or ordinances requiring separate applications for •
pp permits or licenses far specific portions of the
proposed outdoor entertainment event, such as but not limited •
to, building, electrical, plumbing or
related permits, licenses to sell and/or ermit consumption p p of alcoholic beverages or permits to sell
City of Cape Canaveral
Ordinance No. 04 -2010
Page 16 of 18
and/or permit consumption in parks or on city streets. Those permits or licenses must be applied for
separately in accordance with the federal, state and local laws or ordinances specifically governing
p Yg g
such activity.
Sec. 10-75. Life and public safety requirements.
The building official, fire chief and precinct commander shall be ose ermitted to impose
p
standards more stringent than those required in the City Code in order to rotect life and public
p p
safety during any outdoor entertainment event permitted under this article.
Sec. 10 -76. Revocation of permits.
(a) The city manager shall have the authority to immediately revoke an outdoor
entertainment event permit issued under this article, as follows:
(1) Upon a violation by the permit holder or the permit holder's agents,
employees, or contractors, of any one or more of the conditions contained upon the
permit.
(2) When a bona fide public emergency arises where the law enforcement and
fire resources being utilized for a permitted outdoor entertainment event are
immediately required for that emergency to protect the health, welfare and safety of
persons or property.
(b) Notice of the revocation shall be given to the permit holder by the most practicable
and expeditious manner available under the circumstances.
Sec. 10-77. Emergency suspension or cancellation of permitted outdoor entertainment event.
Notwithstanding the issuance of an outdoor entertainment permit under this article, nothing
herein shall prohibit a duly authorized representative of the city from suspending or cancelling an
outdoor entertainment event because of adverse weather or any public emergency when such
suspension or cancellation is in furtherance of the health, safety and welfare of the public.
Secs. 10 -78 -rt 10 -85. Reserved,
Section 4. Repeal of Prior Inconsistent ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No. 04 -2010
Page 17 of 18
Section 6. Severability. If any section, subsection, sentence clause phrase, w
. � , p word or
provision of this Ordinance is for any reason held invalid or unconstitutional b an y y c ourt of
competent jurisdiction, whether for substantive, procedural, or any other reason such p ortion h all
. � p s
be deemed a separate, d *stlnct and *ndependent provision, and such holdin shall
g not affect the
validity of the remaining portions of this Ordinance.
Section 7, Effective Date. This Ordinance shall become effective immediate) upon
p
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPT Ci Co uncil of the Ct of Ca e ' City i y p Canaveral, Florida, this 2 day of
March, 2010.
Y44
ROCKY RANIJELS, Mayor
r � -
ST
aT
MIA' 'o ; A rn pity clerk
For Against
Bob Hoog
Second
Buzz Petsos
Motion
Rocky Randels
X
C. Shannon Roberts
X
Betty Walsh
X
First Reading: February 16, 2010
Legal Ad published: February 20, 2010
Second Reading: March 2 2010
Approved s o legal form and sufficiency for
the Ci f Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04 -2010
Page 18 of 18
ARTICLE III. OUTDOOR E?�TTERTAINMEN *
T E XHIBIT
ARTICLE Ill. OUTDOOR ENTERTAINMENT*
Page 1 of 4
*Cress references: bode enforcement, ch. 2 art. VI; •
p ublic face > parks and recreation, ch. 54; str ets, sidewalks
P places, ch. 66; buildings and building regulations, ch. 82• zoning, ch. 6.
a other
DIVISION I. GE'19ERALLY
Sec. 10 -46. Definitions.
The following word terms and phrases, when used in '
ascribed to them in this sec #i except �s article, sha have the meanings
pt where the context clearly 'ndicates a different meaning
Outdoor entertainment a eats means any gathering f groups
participating in, viewing, 9 9 ps or persons for the purpose of
g: , watching or listening entertainment which consists of musical
renditions, sporting contests or a ants, festivals or o ere •
completely enclosed structure.
nterta�nment not conducted within a
(Ord. No. 23 -92, § 1(729.01), 12 -1 -92)
Cross references: Definitions and rules
Sec. 10-47. Compliance with other 1
con� generally, § 1 -2.
1
The staging, promoting or con ucting of an tdoor entertainment event shall be in full and
complete compliance with all zonin and land use law in subpart B of this Code, beverage license
laws and other laws, ordinances an regulations applicabl o the city.
(Ord. No. 23 -92, § 1(729.04), 12 92)
Sec. 10-48. Penalties fidr violations.
(a) Any perso9kho violates, disobeys, omits, neglects or refus - s to comply with or who resists
the enforcement of any of the sections of this article shall be puni ed as provided by section 1-
15. 1
(b) Thety council may revoke the special outdoor entertainment�iermit granted and shall
immediately notify the business license official, as designated by the �i.�y manager, to revoke
any I7al business tax receipt upon the occurrence of any violation of this tticle.
(Ord. No. L92, § 1 (729.07 }, 12 -1 -92; Ord. No. 92 -2697, 4 2- 29 -67• - -
§ , Ord. No. 67 -2 68, § 3, 7 1 D8}
Sec 0-49. Local business tax receipt required.
q
It shall be unlawful for any person to stage, promote or conduct a
unless he shall have any outdoor entert � men#
ant in the city e secured a local business tax receipt as provided for in sectia - ,,76-
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ARTICLE 111. OUTDOOR E?�jTERTAINMENT*
Page 2 of 4
88, which local business tax receipt shall be issued only fter issuance of the s
'f
permit b the city c Y ,pec�al
entertainment
P Y y �
. No. 23 -92, § 1 (729-02),12-1-92; Ord. No. 02 -2007, § 4 2- 20 -07}
)ss references: Occupational license taxes, § 70 -88.
Sec. 10 =60, Exceptions.
The\city council shall have the right to waive the applicability nd ecessit of an of th
sections of this article to an outdoor Y Y Y e
y entertainment event sponsored the recreational boards
established
b}. the city or any outdoor entertainment event r •
� promoted a nonprofit organ�zat�on,
association or gi�qup if such outdoor entertainment event of such organi Rion, association or group has
been sanctioned or approved the council. Such sanction 9 p
Y # on and app val of an outdoor entertainment
event promoted by \such organization, association or rou shall b based u '
g p pan a sufficient showing
that the sections waned dealing with the health, safety and welfa of those in attendance as well as
the general public, have been otherwise provided for as required by the applicable standards set forth
in this article. pp
(Ord. No. 23 -92 729.08 - -
§ � }, 2 1 92)
Secs. 10- 5 1-- 10 -50. Rese
DIVISION 2. PERMIT
Sec. 10 -61, Required.
Any person desiring to stage, proTbke \�r conduct any outdoor entertainment event within the
corporate limits of the city shall first secur a special entertainment permit from the city council.
(Ord. No. 23 -92, § 1(729.03(A)), 12 -1 -9
Sec. 10 -62. Application.
An application for a special outdoor entertainment perr�i shall be submitted in writing to the city
council on forms provided for is purpose at least 45 days in ad�ance of the date of commencement of
the outdoor entertainment ent for which the permit is requested, in order to permit the council to
evaluate the application in/an orderly and expeditious manner. The plication shall contain the plans,
documents and informaYbn specified in this section. No permit sha be issued by the council until
receipt and approval of II plans, documents and information and until th ollowing minimum conditions
are met or such high r conditions as required by the council upon a revio,w of any unique problems
contained in the plar}s�, documents and information are met: �
OVAdequate plans for site construction, Sanitation facilities, sew a disposal, garbage
a d refuse disposal, drainage, floodlighting during darkness, insect nd rodent control,
W ater supply and food service. For the purposes of evaluating such pla s, the standards
established by the rules of the state division of health in the code of the state
shall be considered as minimum requirements. For the purposes of this ar' cle, part IV,
chapter 10D -25, excluding sections 25.077, 25.078, 25.079, 25.080, of a Florida
Administrative Code and any succeeding rule, regulation or law shall be co idered
specifically applicable to the operation of an outdoor entertainment event. In eva ating
the plans, the council shall also consider the applicability of F.S. ch. 386, part I, and 's"' ch
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ARTICLE 111. OUTDOOR ETT''ERTAINMENT*
Page 3) of 4
other provisions of law, the sanitary code or local ordinances as it may deem necessa
in the interests of the public health and welfare.
(2) An adequate geographic description and scale map or p lan of t/ea sit
e
t
showing the location of all required facilities, including adequate traffic and
parking facilities outside the pe rformance area. Such plans shall provide . one
parking space for every five patrons and for safe transportation of the p the
•
parking . area to the performance area. No motor vehicle shall be per ed outside the
designated parking area, except when necessary to ensure complianc
�3) An adequate plan for medical facilities. There shall be with this article.
,
physician
pr ided one physi
lic nsed in this state on duty at all times for eve 00D patrons one I '
. every s p se licensed �n
this � 9s, tate on duty at all times for every 1,000 patrons, one bed or cot for every 200
patr complete and sterile supply of medicines, bands es, medical compounds,
medical instruments, ru ents, serums, tape and such other supplies as are necessary to treat
adverse, drug reactions, cuts, bruises, abrasions, bites, actures, infections and other
injuries commonly connected with such outdoor activitie .
(4) An adequate plan for internal security, tra c control, communications, fire
protection artd emergency services, including a ulance service, in and around the
event area. SOch plan shall provide for at leas one person professionally trained in
security and traffic control on duty at all times or eve 500 patrons, with no security
every p Y
personnel working ore than one eight -hoF bift in an 24 -hour period. The plan shall
� Y p p
include a detailed description of the plan ourity, traffic control, communications, fire
protection and emerge y services, inclu • mbulance service, to be used and how it
is to be implemented, a d a detailed background on the training and ability of the
personnel to be used in imp epenting * ch plan.
(5) A full and complete disclo re the financial backing of the outdoor entertainment
event, including the names of all ersons with a direct or indirect financial interest in the
staging, promoting or conductin g o i such event, whether such interest be by virtue of
ownership in any entity stagog, pr oting or conducting such event, status as an
employee of any person staqyng, promo ' g or conducting such event or any involvement
by which such person stands to gain or IoYe financially from such event.
(6) The names of all persons or groups wh will perform at the outdoor entertainment
event and executed codes of all contracts or a� eements with such persons or groups.
(7) The names of 11 persons who will provide oducts, materials or services, other
than entertainmen to or at the outdoor entertainm t event and executed copies of all
contracts or ague ents with such persons.
(8) The exac date and time of commencement and t e exact date and time of the
conclusion of e outdoor entertainment event. No events II begin before 10:00 a.m. or
end after 1(}00 p.m.
(9) A wPtten public liability insurance policy insuring the person staging, promoting or
conducling the outdoor entertainment event against any and a claims and demands
made y any person for injuries received in connection with th staging, promoting,
con cting or attendance of or at the outdoor entertainment event, w ' ten within limits of
no less than $300,000.00 damage or injury to any one person fo bodily injury or
otherwise, plus $25,000.00 damage to property, and for not less than 00,000.00 for
,damages incurred or claimed by more than one person for bodily in jury otherwise,
Y
plus $50,000.00 for damages to property. The original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with
adequate evidence that the premiums are paid.
(10) Such additional conditions, criteria or detailed specifications for the special
entertainment permit established by resolution of the city council as the council may
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ARTICLE 111. OUTDOOR ENTERTAINMENT* Page 4 of 4
deem necessary to carry out the intent of this article for the protection of the public
health, morals, safety and general welfare, including insurance coverage in addition to
the amounts and types of coverage specified in subsection (9) of this section. }�f
Ord. No. 23 -92, § 1(729.93(B )}, 12 -1 -92; Ord. No. 8 -94, 1 2 -1 -94)
r=
r
{ r
r'
r l
f
J r
Sec. 6 -63. Fee. l
r
e city council shall assess, upon the filing of the application for ab outdoor entertainment
permit, a 'nimum nonrefundable fee per day established by resolution of he city ouncil and set forth
in a Y
appendix to thES Code.
(ord. No. 23 -92 1(729.05) 12 -1 -92)
Sec. 10-64, cash cle"'a-pup band.
Any person holding ""a special outdoor entertainment permit shall deposit with the city treasurer a
cash bond in the amount of $ 0.00. The cash bond s x 9 Y
all be for the expense of cleanin up an debris
paper, litter or trash left by the p ons at the outdoof / entertainment event or by the holder of the p ermit
or his agents, employees or contr f ors. The cas h bond shall be returned to the holder of the permit
upon certification by the city manager that all debris, paper, litter or trash has been removed from the
premises on which the outdoor entert nm
ent event was held within 24 hours from the designated
conclusion time of the outdoor entertainm nt event and that no damag has been done to the streets,
,
sewers, structures, trees and shrubbery o uch premises or the adjoining U on failure � � g p a of the
holder of the permit to complete such cl -eanu or repair such damage within the 24 -hour time period,
the city shall have the right to forthwit take suc Y necessary corrective action as it may deem necessa and to
deduct the cost of cleanup or repair fTm the amou # of the cash cleanup bond.
(Ord. No. 23 -92, § 1(729.06), 12 -1
Secs. 10- 65-- 10 -85. Reserve
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