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HomeMy WebLinkAboutOrdinance No. 08-1983ORDINANCE NO. 8 -83 MICROFILMED 4 -15 -85 AN ORDINANCE ESTABLISHING CODE CHAPTER 729, OUTSIDE CONCERTS, FESTIVALS OR ENTERTAIN- MENT", OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR DEFINITIONS: REQUIRING OCCUPATIONAL LICENSES; REQUIRING THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO ISSUE SPECIAL ENTERTAINMENT PER- MITS AS A CONDITION PRECEDENT TO ISSUANCE OF OCCUPATIONAL LICENSE; SETTING MINIMUM STANDARDS AND CONDITIONS FOR THE ISSUANCE OF THE PERMITS; ESTABLISHING FEES; PROVIDING PENALTIES; REPEAL- ING ALL PORTIONS OF THE CODE IN CONFLICT HERE- WITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. That a new ordinance of the Code of the City of Cape Canaveral, Florida, to be designated as Chapter 729, is hereby adopted to read as follows: Section 729.01 Definitions. When used in this ordinance, the following words shall mean: 1. "Council" means the City Council of the City of Cape Canaveral, Florida. 2. "Outside Concerts, Festivals or Entertainment" shall mean any gathering of groups or individuals for the purpose of listening to or participation in entertainment which con- sists primarily of musical renditions conducted in open spaces, not within a completely enclosed structure. Section 729.02 Mandatory Permit Requirement. It shall be unlawful for any person, firm, corporation or partnership to stage, promote, or conduct any outside concerts, festivals or entertainment in the City of Cape Canaveral, Florida unless he, she or it shall first secure from the City Treasurer of the City of Cape Canaveral, Florida an occupational license as provided for in Code Chapter 721 of the City of Cape Canaveral, which occupational license shall be issued by the said City Treasurer as provided in this ordinance only after issuance of a special entertainment permit by the City Council. Section 729.03 Issuance of Permit. Any person, firm, corporation or partnership desiring to stage, promote, or ORD. NO. 8 -83 PAGE 1 OF 7. MICROFILMED-- 4- 15.85- conduct any outside concert, festival or entertainurent within the corporate limits of the City of Cape Canaveral, Florida shall first secure a special entertainment permit from the Council. An application for a special entertainment permit shall be submitted in writing to the Council on forms provided for this purpose at least forty -five (45) days in advance of the date of commencement of the festival for which the permit is requested, in order to permit the Council to evaluate the application in an orderly and expeditious manner. Said application shall contain the plans, documents and information specified hereafter in this Section. No permit shall be issued by the Council until receipt and approval of all of said plans, documents and information and until the following minimum conditions are met or such higher conditions as required by the Council upon a review of any unique problems contained in said plans, documents and information: 1. Adequate plans for camp construction, sanitation facilities, sewage disposal, garbage and refuse disposal, drainage, floodlighting during darkness, insect and rodent control, water supply and food service. For the purposes of evaluating such plans, the standards established by the rules of the Division of Health in the Sanitary Code of Florida, shall be considered as minimum requirements. For the purposes of this ordinance, the following Sections of the Sanitary Code of the Florida Administrative Code shall be considered specifically applicable to the operation of a musical or entertainment festival: Chapter 10D- 25.03; 25.07; 25.09, 25.10, 25.11, 25.13, 25.14, 25.15, 25.16, 25.17, 25.18, 25.21, 25.22; Chapter 10D -8; Chapter 10D -13. In evaluating the plans, the Council shall also con- sider the applicability of provisions of Chapter 386, Florida Statutes, and such other provisions of law, the Sanitary Code or local ordinances, as it may deem necessary in the interests of the public health and welfare. 2. An adequate geographic description and scale map or plan of the festival site showing the location of all required facilities, including adequate traffic control and parking ORD. NO. 8 -83 PAGE 2 OF 7. ACROFILMED 445-85 facilities outside the performance area. Such plans shall provide for at least one (1) parking space for every five (5) patrons, and for safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside the designated parking area except when necessary to insure compliance with any provision of this ordinance. (3) An adequate plan for medical facilities. There shall be provided one (1) physician licensed in this State on duty at all times for every two thousand (2,000) patrons, one (1) nurse licensed in this State on duty at all times for every one thousand (1,000) patrons, one (1) bed or cot for every two hundred (200) patrons, complete and sterile supply of medicines, bandages, medical compounds, medical instruments, serums, tape and such other supplies as are necessary to treat adverse drug reactions, cuts, bruises, abrasions, bites, fractures, infections and other injuries commonly connected with such outdoor activities. (4) An adequate plan for internal security, traffic control, communications, fire protection, and emergency services, including ambulance service, in and around the festival area. Such plan shall provide for at least one (1) person professionally trained in security and traffic control on duty at all times for every five hundred (500) patrons, with no security personnel working more than one eight (8) hour shift in any twenty -four (24) hour period. The plan shall include a detailed description of the plan of security, traffic control, communications, fire protection, and emergency services, including ambulance service, to be used and how it is to be implemented, and a detailed background on the training and ability of the personnel to be used in implementing said plan. (5) A full and complete disclosure of the financial backing of the festival, including the names of all persons with a direct or indirect financial interest in the staging, ORD. NO. 8 -83 PAGE 3 OF 7. MICROFILMED 4-15-85 promoting or conducting of said festival, whether such interest be by virtue of ownership in any corporation staging,promoting or conductingsaid festival, status as an employee of any person, persons or entities staging, promoting or conducting such festival, or any involvement by which such person, firm, partnership, or corporation stands to gain or lose financially from such festival. 6. The names of all persons or groups who will perform at said festival and executed copies of all contracts or agreements with such persons or groups. 7. The names of all persons, firms, and corporations who will provide products, materials or services, other than entertainment, to or at said festival, and executed copies of all contracts or agreements with such persons, firms or corporations. 8. The exact date and time of commencement and the exact date and time of the conclusion of the festival. *No event shall begin before 10:00 a.m. nor end after 9:00 p.m. 9. The Council may establish by resolution such additional conditions, criteria or detailed specification for the special entertainment permit as they may deem necessary to carry out the intent of this law, for the protection of the public health, . morals, safety and general welfare. 10. A written public liability insurance policy insuring the person, firm, corporation or partnership, staging, pro- moting or conducting the musical or entertainment festival against any and all claims and demands made by any person or persons for injuries received in connection with the staging, promoting, conducting or attendance of or at said musical or entertainment festival, written within limits of not less than Three Hundred Thousand Dollars ($300,000) damage or injury to any one person for bodily injury or otherwise, plus Twenty -Five Thousand Dollars ($25,000) damages to property, and for not less than Five Hundred Thousand Dollars ($500,000) for damages incurred or claimed by more than one (1) person for bodily injury or otherwise, plus Fifty Thousand Dollars ($50,000) *Attended on Second Reading ORD. NO. 8 -83 PAGE 4 OF 7. CROF1HtIED 4 -15 -85 damages to property. The original or duplicate of said policy shall be attached to the application for a special entertainment permit, together with adequate evidence that the premiums are paid. Section 729.04 Compliance With Other Laws and Regulations. The staging, promoting or conducting of such outside concerts, festivals or entertainment shall be in full and complete compliance with all zoning and land use laws; beverage license laws and other laws, ordinances and regulations applicable to the City of Cape Canaveral, Florida. Section 729.05 Permit Fee. The Council shall assess upon the filing of the application a minimum non - refundable fee of Five Hundred Dollars ($500.00) per day. Section 729.06 Cash Clean -up Bond. Any person, firm, partnership or corporation holding a special entertainment permit shall deposit with the City Treasurer of the City of Cape Canaveral, a cash bond in the amount of. Five Hundred Dollars ($500.00). Said cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at such festival or by the holder of the permit or its agents, employees or contractors. Said cash bond shall be re- turned to the holder of the permit upon certification by City Administration of the City of Cape Canaveral that all debris, paper, litter or trash has been removed from the premises on which the festival was held within twenty -four (24) hours from the designated conclusion time of the festival and . that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. Upon failure of the holder of the permit to complete such clean- up or repair such damage within said twenty -four (24) hour time period, the City shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of same from the amount of said cash clean -up bond. Section 729.07 Penalties for Violations. Any person, firm or corporation who violates, disobeys, omits, neglects ORD. NO. 8 -83 PAGE 5 OF 7. M'M 1CRQFILMED 4-15 -85 or refuses to comply with, or who resists P#1.!--enforcement of any of the provisions of this ordinance, shall be punished as provided by Section 801.03 of the City Code of the City of Cape Canaveral, Florida. The Council may revoke the special entertainment permit granted and shall immediately notify the City Treasurer to revoke any occupational license upon the occurrance of any violation of this ordinance. Section 729.08 Exceptions. The Council shall have the right to waive the applicability and necessity of any of the provisions of this ordinance to any outside concerts, festivals or entertainment sponsored by the recreational boards established by the City or any outside concerts, festivals or entertainment prated by a non - profit organization, association or group if such outside concerts,festivals or entertainment of said organization, association or group has been sanctioned or approved by the Council. Such sanction and approval of an outside concert festival or entertainment promoted by such organization, association or group shall be based upon a sufficient showing that the provisions waived dealing with the health, safety and welfare 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 ordinance. Section 729.09 Liberal Construction. The provisions of this ordinance shall be liberally construed in order to effect- ively carry out the purposes of this ordinance in the interest of the public health, morals, welfare and safety of the citizens and residents of this City. Section 729.10 Severability. It is declared to be the intent of the City Council of the City of Cape Canaveral, Florida, that if any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or un- constitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. ORD. NO. 8 -83 PAGE 6 OF 7. MiCROFiieIVF® 4e SECTION 2. All portions of the code in conflict herewith r hereby repealed. SECTION 3. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of April , 1983. City C1er, sac Approved a6 to Form: /9IY " First Reading ;April 5, 1983 Posted: :;April 6, 1983 Advertised: April 11, 1983 Second Reading: April 19 , 1983 NAME YES NO CALVERT XI HARRIS NICHOLAS iX RUTHERFORD I X WINCHESTER X ORD. NO. 8 -83 PAGE 7 OF 7.