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HomeMy WebLinkAboutOrd. 91-31 ORDINANCE NO. 91-31 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO SPECIAL EVENTS; CREATING CHAPTER 34 OF THE CITY OF OCOEE CODE TO BE KNOWN AS THE SPECIAL EVENTS ORDINANCE; PROVIDING PURPOSES; PROVIDING DEFINITIONS; PROVIDING REQUIREMENTS; PROVIDING EXCEPTIONS; PROVIDING PROCEDURES FOR THE PERMITTING OF SPECIAL EVENTS; PROVIDING REQUIREMENT FOR FIREWORKS DISPLAY; PROVIDING FOR POLICE PROTECTION; PROVIDING FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; PROVIDING FOR STANDARDS OF ISSUANCE; PROVIDING FOR NOTICE OF REJECTION; PROVIDING FOR APPEAL PROCEDURE; PROVIDING FOR NOTICE; PROVIDING FOR DUTIES OF PERKITTEE; PROVIDING FOR REVOCATION OF PERMIT; PROVIDING FOR INDEKNIFICATION; PROVIDING FOR STATE LAW REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COKMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. SHORT TITLE AND AUTHORITY A. This Chapter shall be known and may be cited as the City of Ocoee Special Events Permit Ordinance. B. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. The following Chapter 34 of the Code of Ordinances of the City of Ocoee is hereby created to read as follows: Special Events Permits Section 1. Intent and Purpose. The City Commission recognizes the impact that special events have on the availability of city services, and the City Commission further recognizes the dangerous nature of fireworks to the health, safety and welfare of the citizens of Ocoee, Florida, and therefor adopts this procedure to license and regulate activities of this nature. Section 2. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this section, except where the context clearly requires otherwise: (1) SPECIAL EVENT shall include, but not be limited to, any activity, ceremony, exhibition, show, concert, pageant, rally, demonstration or assembly other than the normal day-to-day or seasonal operations of concerns licensed or established within the City. (2) SPECIAL EVENT REQUIRING PERMIT shall be any event or activity, other than the normal day-to-day or seasonal operations of concerns licensed or established wi thin the Ci ty which is designed or intended to attract the participation or attendance of three hundred (300) or more individuals at any given point in time, or at which any fireworks shall be used, exploded, or displayed. . (3) FIREWORKS - The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of ballons which require fire beneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, and any explosi ve or flammable compound or any tables or other device containing any explosive substance. (4) SPECIAL EVENTS PERMIT or PERMIT shall refer to the permit required by Section 2 of this Chapter. Page 2 Ordinance No. 91-31 . Section 3. Permit Requirement. (1) No person shall advertise, engage in, participate in, aid, form, or start any special event unless a Special Event Permit shall first have been obtained from the Building and Zoning Official. (2) Exceptions - This section shall not apply to: (a) Funeral processions. (b) Lawful picketing. Lawful picketing shall be conducted off street or roadway and not in a manner as to obstruct vehicular or pedestrian traffic. Any lawful picketing which crosses, traverses or is otherwise conducted in or upon any street or roadway shall not be exempted from the permit requirement. (c) Activities of a governmental agency. (d) Any bona fide athletic event or contest which is scheduled and sponsored by any bona fide elementary or secondary school situated within the city or by the City of Ocoee Recreation Department so long as during such special event no fireworks shall be used, exploded or displayed. Section 4. Application for permit. Any person seeking the issuance of a Special Events Permit shall file an application with the Building and Zoning Official. (1) FILING PERIOD. An application for a permit shall be filed not more than one hundred eighty (180) days before, and not less than thirty (30) days before the date and time which the proposed special event is to take place. However, for just cause, the Building and Zoning Official (with the approval of both the Chief of Police and Fire Chief) may waive the minimum thirty-day filing period and accept an application filed within a shorter period if, after consideration of the date, time, place and nature of the special event, the number of participants, and the necessity for city services which will be required in connection with the special event, the Building and Zoning Official reasonably deems it appropriate to waive the filing period. In doing so, the Chief of Police and Fire Chief shall determine that such waiver will not present a hazard to the public's safety by reducing the amount of time available to process the application. The application shall be signed by the applicant under oath. (2) CONTENTS. The application for a permit shall set forth the following information, and such other information as may be reasonably required: (a) The name, place of residence, mailing address, and telephone number of the person applying for the permit; (b) If the event is to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of such organization; (c) The name, place of residence, mailing address and telephone number of the individual person responsible for the conduct of the event; . (d) The dates and times scheduled for the event; (e) Exact location of the event; (f) The nature and types of activities that will occur; (g) The approximate number of spectators and participants present or participating in the event; (h) The purpose of the event; (i) If the event is a parade, the following additional information shall be required: Page 3 Ordinance No. 91-31 1) The exact location of any marshalling or staging areas for the parade; 2) The time at which units of the parade will begin to arrive at the staging areas and the times at which all such units will be dispersed therefrom; 3) The exact route to be traveled, including the starting point and termination point; 4) The approximate number of persons, animals and vehicles which will participate in the parade, including a description the types of animals and vehicles to be used in the parade; . 5) A statement as to whether the parade will occupy all or only a portion of the width of the street, roadway, or sidewalks to be used; (j) A designation of any public facilities or equipment proposed to be utilized; (k) State permit if state roadway is to be used. Section 5. Additional requirement for fireworks display. No person, firm, partnership, or corporation shall expose, use or explode any fireworks unless a permit shall first have been obtained from the Building and Zoning Official, pursuant to all rules and regulations applicable to the special events procedure contained herein. In addition to all the requirements outlined in the special events procedure permit application, the applicant shall additionally file the following information with the Building and Zoning Official for distribution to the Fire Chief and the Chief of Police: (1) A detailed listing of the type and quantity of fireworks to be used; (2) A detailed written statement outlining all appropriate safety procedures which will be used at the fireworks display in order to protect the safety of the public and all surrounding property; (3) A detailed written statement describing what facilities and containers will be used to store fireworks; (4) If applicable, applicants federal license number for transporting fireworks across state lines; and (5) A detailed list of names, addresses, occupations, and backgrounds of all individuals who will be responsible for the actual display, use or explosion of any fireworks. The backgrounds statement should include a complete history of the experience of the individuals involved with respect to their use of fireworks, including a detailed list and explanation of each and every accident resulting from the use of fireworks which the individual has been responsible for, or involved in. . Section 6. Police Protection. After obtaining as much information as the Chief of Police reasonably deems necessary regarding a permit application, he shall determine whether and to what extent additional police protection reasonably will be required for the event for purposes of traffic, crowd control, and security. In making this determination, the Chief of Police shall consider those factors set out in Section 4(2). If additional police protection for the event is deemed necessary by the Chief of Police, he shall so inform the applicant for the permit. The applicant then shall have the obligation to secure police protection acceptable to the Chief of Police at the sole expense of the applicant and shall prepay the expenses of such protection as Page 4 Ordinance No. 91-31 required. The Chief of Police shall consider what additional manpower, equipment and supplies are needed, as well as any other items or expenses which will be necessary. An estimate of these costs will be provided to the applicant prior to the issuance of a permit. . Section 7. Fire protection and emergency medical services. (1) After receiving notification of the intended event, the Fire Chief shall make determination as to the need for on-site fire watch or emergency medical personnel. The Fire Chief shall consider such factors as the location, number of anticipated participants, spectators, and the type of event, including the application of appropriate codes and ordinances. If fire watch and/or emergency medical personnel for the event are deemed necessary by the Fire Chief, he shall so inform the applicant who shall have the obligation to secure fire watch/medical personnel reasonably acceptable to the Fire Chief at the sole expense of the applicant and shall prepay the expenses of such protection as required. The Fire Chief shall consider what additional manpower, equipment and supplies are needed, as well as any other items or expenses which will be necessary. An estimate of these costs will be provided to the applicant prior to the issuance of a permit. (2) The conduct of the event shall not introduce extraordinary hazard to fire protection and/or to the life or safety of the spectators or participants in the immediate or adjacent areas. Section 8. Standards of issuance. The Building and Zoning Official shall issue a permit as provided herein upon receipt of verification from the applicable City Department Directors that the following standards for issuance of the permit have been satisfied or found not applicable to the requested permit: (1) The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrians or vehicular traffic in, or contiguous to the route or location of the event. (2) The conduct of the event will not require the diversion of so great a number of public safety personnel or equipment of the city to properly secure the event area and the areas contiguous thereto, as to prevent current level of public safety services from being furnished to other parts of the city. (3) The event shall not take place until inspections by concerned departments, i.e., fire, building, police, have been conducted and a determination has been made that all codes and ordinances have been met and satisfied. (4) The concentration of persons, animals, and/or vehicles at the event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the event area and other areas of the city. (5) The conduct of the assembly is not reasonably likely to cause injury or intended to cause injury to persons or property, or to provide disorderly conduct as defined by state statutes, provided that under no circumstances may the Building and Zoning Official deny a permit solely on the basis of the proposed content of speech or ideas of the group involved. . (6) Adequate sanitation and other required health facilities are, or will be, made available in or adjacent to the event area. (7) The conduct of the assembly will not result in noise at a level inappropriate for the area(s) surrounding the event. (8) There are sufficient parking places near the event to accommodate the approximate number of automobiles reasonably expected to be driven to the assembly; such number to be reasonably estimated by the Chief of Police. Page 5 Ordinance No. 91-31 (9) The applicant has secured police, fire and EMS protection, if any, required under this procedure and has prepaid the expenses therefor. (10) If the event is a parade, such parade is not to be held for the primary purpose of advertising any product, goods or event, which is primarily for private profit, provided, however, the prohibition against advertising any product, goods, or event shall not apply to signs identifying organizations or sponsors furnishing or sponsoring exhibits or structures used to conduct the event. (11) If the event is to take place in any publicly owned or controlled property, public liability and property damage insurance, with the City named as an additionally insured party, shall be obtained in an amount approved by the City Finance Director after consideration. . (12) If the event is a parade, and if the parade will traverse a state or federal highway, persons or organization must also have a permit from the Florida Department of Transportation; there must be thirty (30) days advance notice for state permits. Application for permits must be submitted to the Chief of Police before going to state headquarters. Section 9. Notice of rejection. Should the application be denied, the Building and Zoning Official shall notify the applicant by personal delivery or certified mail within seven (7) working days of the denial. This notification shall include the reasons for the denial of the permit, and shall advise of the appeal procedure. Section 10. Appeal procedure. Any applicant aggrieved shall have the right to appeal the denial of a permi t or revocation of permit under Section 13 hereof to the City Commission. The appeal shall be taken by the applicant within five (5) days after receipt of the notice of denial by filing a written notice with the City Clerk. The City Clerk shall place the appeal on the next available agenda for City Commission consideration. Section 11. Notice. Immediately upon issuance of a permit, the Building and Zoning Official shall forward a copy of a permit and application to the following: (1) City Manager (2) Director of Public Works (3) Chief of Police (4) Fire Chief (5) Director of Finance (6) City Commissioners . Section 12. Duties of permittee. A permittee hereunder shall comply with all permit directions and conditions, and with all applicable laws and ordinances. The event chairperson shall maintain custody of the permit (and) upon demand shall produce it to the city authorities. Under no circumstances may a permit be transferred from the applicant to any other person or organization. Section 13. Revocation of permit. The Chief of Police, Fire Chief, Building and Zoning Official or City Manager, or their designated representatives, shall have the authority to revoke a permit issued hereunder instantly upon violation of anyone (1) or more of the code ordinances or conditions or standards of issuance as herein set forth. Page 6 Ordinance No. 91-31 Section 14. Indemnification. The applicant and any other persons, organizations or corporations on whose behalf the application is made, by filing a permit application shall represent, stipulate, contract and agree that they, jointly and severally indemnify and hold the city harmless against liability, including court costs and attorney's fees, including appeal, or any and all claims for damage to property, or injury to, or death of persons arising out of or resulting from issuance of the permit or the conduct of the event or any of its participants or the revocation of the permit for reasons herein stated. . Section 15. State law requirements. Nothing in this chapter shall be construed so as to exempt the applicant or any other person from the requirements of the Florida Statutes, or any other applicable state or federal law. SECTION THREE. SEVERABILITY. 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 portion hereto. SECTION FOUR. CODIFICATION. It is the intention of the City Commission of the City that the prOV1Slons of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE. EFFECTIVE DATE. J:::>E.c~l'\o'ItiEte. ~, 11Cfl This Ordinance shall become effective immediately U~9R it!! l'Hl.33a~c c:lud c:lduVLiuu. PASSED AND ADOPTED this 3 r.d day of ~CYV\.~c-t , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~ ADVERTISED November 21. , 1991 READ FIRST TIME November 19, 1991 READ SECOND TIME AND ADOPTED J,)~fJdL ~ , 1991 . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA, APPROVE~ AS TO FORM AND LEGALITY this ~ day of ()~Q:..""'~CT7 , 1991 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON .vE::-cff:rl11.d t1/.. 3. , 1991 UNDER AGENDA ITEM NO. V ft / FOL~ & ~RDIlE~ By: K.~ . - Q.-' Ci. ttorney