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HomeMy WebLinkAboutOrdinance No. 23-1992AN ORDINANCE COUNTY, FLORID THE CITY CODE THE DEFINITI ENTERTAINMENT EVENTS TO INCL THE CITY TREAS STANDARDS FOR OUTSIDE ENTER ORDINANCE NO. 23 -92 OF THE CITY OF CAPE CANAVERAL, BREVARD REPEALING AND RE- ENACTING CHAPTER 729 OF OF THE CITY OF CAPE CANAVERAL; REPLACING N OF OUTSIDE CONCERTS, FESTIVALS OR ITH A DEFINITION OF OUTSIDE ENTERTAINMENT E SPORTING EVENTS; CHANGING REFERENCES TO ER TO THE CITY FINANCE DIRECTOR; AMENDING SITE PREPARATION AND MAINTENANCE OF AN AINMENT EVENT IN ACCORDANCE WITH PART IV, CHAPTER 10D -25 OF THE FLORIDA ADMINISTRATIVE CODE; PERMITTING T E CITY COUNCIL TO SPECIFY INCREASED INSURANCE COV RAGE FOR OUTSIDE ENTERTAINMENT EVENTS; REPEALING ALLI•ORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FO SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DAT:. BE IT ENACTED BY T E CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. C apter 729 of the Code of Ordinances of the City of Cape Canaveral i- hereby repealed in its entirety and re- enacted as follows: CHAPTER 729 OUTSIDE ENTERTAINMENT EVENTS Sec. 729.01 Definitions. When used in this Chapter, the following woes shall mean: Council Florida. Outside individuals f observing, w consists of m festivals or completely en Sec. 729 unlawful for other entity entertainment unless he, sh Finance Direc occupational the City of C be issued by this Ordinanc permit by the The City Council of the City of Cape Canaveral, ntertainment Events - Any gathering of groups or r the purpose of participating in, viewing, tching or listening to entertainment which sical renditions, sporting contests or events, other entertainment, not conducted within a losed structure. .02 Mandatory Permit Required. It shall be any person, firm, corporation, partnership or to stage, promote, or conduct any outside event in the City of Cape Canaveral, Florida or it shall have first secured from the City or of the City of Cape Canaveral, Florida, an icense as provided for in Code Chapter 721 of pe Canaveral, which occupational license shall the said City Finance Director as provided in only after issuance of a special entertainment City Council. Sec. 729.03 Issuance of Permit. (A) Any person, firm, corporation or partnership desiring to stage, promote or conduct any outside entertainment event within the corporate limits of the City of Cape Canaveral, Florida shall first secure a special entertainment permit from the Council. City of Cape Canaveral, Florida Ordinance No. 23 -92 Page 2 (B) 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 outside entertainment event 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 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 site 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, Part IV, Chapter 10D -25, (excluding Sections 25.077, 25.078, 25.079, 25.080), of the Florida Administrative Code, and any succeeding rule, regulation or law shall be considered specifically applicable to the operation of an outside entertainment event. In evaluating the plans, the Council shall also consider the applicability of provisions of Chapter 386, Part I, 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 facilities outside the performance area. Such plans shall provide for at least (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 event 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 (2 4) hour period. The plan shall include a detailed description of the plan of security, traffic control, communications, fire protection, City of Cape Canaveral, Florida Ordinance No. 23 -92 Page 3 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 such plan. (5) A full and complete disclosure of the financial backing of the outside entertainment event, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of said event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person, persons or entities staging, promoting or conducting such event, or any involvement by which such person, firm, partnership or corporation stands to gain or lose financially from such event. (6) The names of all persons or groups who will perform at the outside entertainment 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 the outside entertainment event, 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 outside entertainment event. No event shall begin before 10:00 a.m. nor end after 9:00 p.m. (9) A written public liability insurance policy insuring the person, firm, corporation or partnership, staging, promoting or conducting the outside entertainment event 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 outside entertainment event, 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) damage 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) for 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. (10) The Council may establish by resolution such additional conditions, criteria or detailed specifications 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, including insurance coverage in addition to the amounts and types of coverage specified in subsection 729.03(B)(9) above. Sec. 729.04 Compliance With Other Laws and Regulations. The staging, promoting or conducting of such outside entertainment event 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. City of Cape Canaveral, Florida Ordinance No. 23 -92 Page 4 Sec. 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. Sec. 729.06 Cash Clean -up Bond. Any person, firm, partnership or corporation holding a special entertainment permit shall deposit with the City Finance Director, 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 the outside entertainment event or by the holder of the permit or its agents, employees or contractors. Said cash 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 outside entertainment event was held within twenty -four (24) hours from the designated conclusion time of the outside entertainment event 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. Sec. 729.07 Penalties for Violations. (A) Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the 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. (B) The Council may revoke the special entertainment permit granted and shall immediately notify the City Finance Director to revoke any occupational license upon the occurrence of any violation of this ordinance. Sec. 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 entertainment events sponsored by the recreational boards established by the City or any outside entertainment events promoted by a non- profit organization, association or group if such outside entertainment event of said organization, association or group has been sanctioned or approved by the Council. Such sanction and approval of an outside entertainment event 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. Sec. 729.09 Liberal Construction. The provisions of this ordinance shall be liberally construed in order to effectively 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. City of Cape Canaveral, Florida Ordinance No. 23 -92 Page 5 Sec. 729.10 Severabilitv. 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 unconstitutional 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. SECTION 2. If any section, subsection, sentence, clause, paragraph, phrase, or word of this Ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining portions hereof. SECTION 3. All Ordinances or portions of Ordinances in conflict herewith are hereby repealed. SECTION 4. The effective date of this Ordinance shall be _ December 1 , 1992. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of December ATTEST Fait 1992. 'JERK Approve John o. ETY ATTORNEY Salamone, MAYOR First Reading 11/17/92 Posted: 11/20/92 Advertised: 11/21/92 Second Reading 12/1/92 NAME • YES NO Abbott X PORTER X , RANDELS X SALAMONE X Calvert x