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of Cape Canaveral i- hereby repealed in its entirety and re- enacted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