This chapter is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof which include public safety, health and general welfare through structural strength, stability, sanitation and safety to life and property from fire and other hazards incidental to the congregation of persons at special events.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

For the purposes of this chapter, the following words shall have the meanings indicated unless their context clearly requires otherwise:

Applicant means any person or organization that seeks a special event permit from the city to conduct or sponsor an event governed by this section. An applicant must be eighteen (18) years of age or older.

Athletic event means an occasion in which a group of persons collectively engage in a sport or form of physical exercise on a public street, sidewalk, alley or other public right-of-way, which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws and controls. Athletic events include bicycle and foot races, bike-a-thons, walk-a-thons, and volksmarches.

Development services means the Building Division of the Crystal River Public Works Department.

Motorcade means any organized procession containing ten (10) or more vehicles, except funeral processions, upon a public street, sidewalk, alley or other public right-of-way.

Parade means any march or procession consisting of people, animals, bicycles, vehicles or combination thereof, except funeral processions, on any public street, sidewalk, alley or other public right-of-way, which obstructs, delays or interferes with the normal flow of pedestrian or vehicular traffic, or does not comply with traffic laws or controls.

Special event means any parade, fair, show, festival, carnival, tent sale, rally, block party, filming of movie, video or television show, motorcade, run, street dance, bike-a-thon, race, walks, athletic event or other attended entertainment or celebration that is to be held in whole or in part upon publicly owned property and/or public right-of-way, or if held wholly upon private property, but will nevertheless affect or impact the ordinary and normal use by the general public of public property or public rights-of-way within the vicinity of the event. Special event shall also mean any activity to be held in whole or in part upon publicly owned or controlled property and/or public rights-of-way where merchandise or services are offered for sale, whether by for profit or nonprofit organizations.

Street dance means any organized dance of three (3) of more couples on or within any publicly owned parking lot or other publicly owned property, or any public street, alley, sidewalk or other public right-of-way.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

(a)

Any person or organization desiring to conduct or sponsor a special event in the city shall first obtain a special event permit from the city development services, division of the public works department.

(b)

Any applicant who desires to sponsor a special event shall submit a complete application for a special event permit, including a site plan depicting existing facilities and proposed temporary facilities and activities, as soon as possible prior to the scheduled start of the event but shall submit such application at least sixty (60) days prior to the scheduled start of the event.

The city may, at its discretion, and in consideration of traffic circulation or security or safety or parking, or all of these, deny the issuance of a special event permit in the event two (2) or more such events are proposed to occur on the same day. In the event such aforementioned determination is made, application approval preference shall be granted to an exempt organization under 501(c) of the Internal Revenue Code of 1986. In the event two (2) or more exempt organizations under 501(c) of the Internal Revenue Code of 1986 propose to conduct a special event on the same day, preference will be given to the exempt organization that first completed an application.

(c)

The city shall review the application for completeness and notify the applicant of any incomplete items within five (5) working days of the receipt of the application. The city shall approve, approve with modifications or conditions, or deny the application within ten (10) working days of receipt of a complete application. The city may deny the issuance of a special event permit to an applicant when, among other things, the application contains a misrepresentation, false or misleading statements, evasion or suppression of a material fact, does not comply with all other applicable city ordinances, or when the event for which a permit is sought is unlawful or constitutes a public nuisance. A decision of the city to deny an application under this subsection shall be subject to appeal to the city council.

(d)

The required permit must be displayed at the site in a conspicuous location for the duration of the function.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

A special event permit is not required for the following:

(1)

Funeral and wedding processions;

(2)

Parades involving a total of thirty (30) or fewer pedestrians marching along a parade route that is restricted to marching on sidewalks, and crossing streets only at pedestrian crosswalks in accordance with traffic regulations and controls. Pedestrians participating in the parade shall cross crosswalks in units of fifteen (15) or less, and shall allow vehicles to pass between each unit;

(3)

Groups of students involved in exercising as part of an organized school sports turnout;

(4)

Special events sponsored in whole by the City of Crystal River;

(5)

Gatherings of thirty (30) or fewer people in a city park, unless merchandise or services are offered for sale.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

The application for a special event permit shall be accompanied by a permit fee of one hundred dollars ($100.00). Additionally, the applicant shall post a five hundred dollars ($500.00) cash bond with the city to cover city expenses in the event clean-up per section 23-13 and use fees per section 23-12. Said security shall be returned to the applicant in seven (7) working days of written certification of clean-up and cost payment.

An entity which is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code of 1986 shall be exempt from the permit fee but not the security bond.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

Development services may deny an application for a special event permit if he/she determines from a consideration of the application, or other pertinent information, that:

(1)

Information contained in the application, or supplemental information requested from the applicant, is found to be false or nonexistent in any material detail; or

(2)

The applicant fails to complete the application form after having been notified of the additional information or documents required; or

(3)

The applicant refuses to agree, to abide or comply with all of the conditions and terms of the permit; or

(4)

It is found that the purpose of the special event is principally devoted to the advertising and sale of a commercial product or service or for a private commercial process; or

(5)

The time, route, hours, location and size of the special event will unnecessarily disrupt the movement of traffic within the area; or

(6)

The special event is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the event, site and contiguous areas, that allowing the special event would unreasonably deny police protection to the remainder of the city and its residents; or

(7)

Another special event permit application has already been received, or has already been approved, to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or the police department and/or other city departments are unable to meet the needs for police and other city services for both events; or

(8)

The location of the special event would cause undue hardship for adjacent businesses or residents; or

(9)

The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way, or a previously granted encroachment permit; or

(10)

The event shall occur at a time when a school is in session at a route or location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the education activities of the school or class.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

Development services may condition the issuance of a special events permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety of persons and property and the control of traffic, provided such conditions shall not unreasonably restrict the right of free speech. Such restrictions may include but are not limited to:

(a)

Alteration of the date, time, route or location of the event proposed on the event application;

(2)

Elimination of an activity which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the city;

(3)

Conditions concerning the area of assembly and disbanding of a parade or other events occurring along a route;

(4)

Conditions concerning the accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street or right-of-way transversed;

(5)

Requirements for the use of traffic cones or barricades;

(6)

Requirements for the use of city personnel and equipment;

(7)

Requirements for the provision of first aid or sanitary facilities;

(8)

Requirements for the use of event monitors and providing notice of permit conditions to event participants;

(9)

Requirements to provide notice to surrounding property owners;

(10)

Restrictions on the number and type of vehicles, animals or structures at the event, and inspection and approval of floats, structures and decorated vehicles for fire safety;

(11)

Compliance with animal protection ordinances and laws;

(12)

Requirement for the use of garbage containers, cleanup and restoration of city property;

(13)

Restrictions on the use of amplified sound;

(14)

Compliance with any relevant ordinance or law and obtaining any legally required permit or license;

(15)

Any other restriction or requirement deemed necessary to ensure public safety and well being;

(16)

State of Florida, Department of Health, approval for all food vendors.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

No event shall be conducted within the city unless in compliance with all applicable city ordinances and applicable county and state requirement, to include (a nonexclusive list):

(1)

Adequate toilet facilities shall be provided. Public or common use toilets must comply with the Federal ADA accessibility guidelines, which require that five (5) percent of the total number, or no less than one (1) toilet facility per each cluster of toilet facilities, must be accessible to guests with disabilities.

(2)

All electrical wiring must be installed in compliance with the provisions of the National Electric Code. A diagram of the electrical plan must be included with the application.

(3)

All tents and other temporary structures shall be erected in compliance with the provisions of the Standard Building Code and the Standard Fire Prevention Code.

Circus activities shall provide Circus Fire Protection precautions and equipment adhering to the guidelines approved under NFPA 102, including specifications as necessary for Fire Safety Equipment and Operational Procedures.

(4)

No tent, or other temporary structure, shall be situated in such a manner that it could create a traffic hazard. All tents and other temporary structures shall comply with the setback and buffer requirements of the Land Development Code (LDC).

(5)

All mechanical equipment associated with amusement rides shall conform to the requirements of the Southern Building Code Congress International Standard Amusement Device Code, 1985 edition.

(6)

It shall be the responsibility of the applicant to provide for the collection of solid waste and litter. All solid waste, litter and recyclable materials shall be removed from the site following the event. For multiple day events, the grounds shall be maintained during each day of the event with no on-site accumulations which would cause a nuisance or pose a health hazard. All solid waste must be deposited at the appropriate county landfill by a county approved garbage operator.

(7)

Proof of license to sell or exhibit wildlife (FGFWFC).

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

Development services shall issue the special events permit once the application has been approved, and the applicant has agreed in writing to comply with the terms and conditions of the permit as well as the sections of this chapter dealing with indemnification, insurance, fees for city services and cleanup charges, when applicable.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

Prior to the issuance of a special event permit, the permit applicant and authorized officer of the sponsoring organization, if any, must sign an agreement to defend the city against, and indemnify and hold harmless the city, its officers, employees and agents, where such claim arises in whole or in part out of the activities for which such permit is issued; except any claims arising solely out of the negligent acts or omissions of the city, its officers, employees and agents.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

(a)

Liability coverage required. The applicant/sponsor of an event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. A certificate of insurance shall be filed forty-five (45) days prior to the event with development services, and shall name the city, its officials, employees and agents, as additional named insured. A specimen copy of the policy shall be filed ten (10) days prior to the event. Insurance coverage must be maintained for the duration of the event.

(b)

Minimum limits defined. Coverage shall be a comprehensive general liability insurance policy. Minimum limit required is one million dollars ($1,000,000.00) each occurrence combined single limit bodily injury and property damage.

If food or nonalcoholic beverages are sold or served at the event, the policy must also include an endorsement for product liability. If alcoholic beverages are sold or served at the event the policy must also include an endorsement of host liquor liability. Development services may require additional endorsements depending upon the proposed activity.

If alcoholic beverages are sold or served at the event, an alcohol open container waiver is required by the city council.

(c)

Waiver or reduction of required limits. Development services may waive or reduce the insurance requirements of this article under the following conditions:

(1)

The applicant or an officer of the sponsoring organization signs a verified statement that he/she believes the event's purpose is First Amendment expression, and that the cost of obtaining insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression. The statement shall include the name and address of two (2) insurance agents or other source of insurance coverage contacted to determine insurance premium rates for insurance coverage.

(2)

The applicant or an officer of the sponsoring organization signs a verified statement that insurance coverage in the limits required is impossible to obtain. The statement shall include the name and address of two (2) insurance agents or other source of insurance coverage contacted.

(3)

Development services determines that the insurance limits are in excess of the reasonable risk presented by the proposed special event.

(4)

In the event of subsections (2) or (3) above occurring, the city may require lower, reissued insurance coverage.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

(a)

Prepayment of fees. Upon approval of an application for a special event permit, development services shall provide the applicant with a statement of the estimated cost of providing city personnel and equipment. The applicant/sponsor of the event shall be required to prepay these estimated costs for city services and equipment ten (10) days prior to the special event. City services and equipment may include the use of police officers and public works employees for traffic and crowd control, pick up and delivery of traffic control devices, picnic tables, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating city equipment to provide such services.

(b)

Refunds or overruns. If the actual cost for city services and equipment on the date(s) of the event is less than the estimated cost, the applicant/sponsor will be refunded the difference by the city in a timely manner. If the actual cost for city services and equipment on the date(s) of the event is greater than the estimated cost, the applicant/sponsor will be billed for the difference.

(c)

Waiver of fees. The fees for the use of city services and equipment may be waived in part or in full by the city manager, or his/her designee, if in review of the application he/she finds that the event is of sufficient community benefit to warrant the expenditure of city funds without reimbursement by the applicant/sponsor.

The fees for city services and equipment may also be waived in part or in full only by city manager, or his/her designee, if the applicant/sponsor signs a verified statement that the event's purpose is First Amendment expression, and that the cost of city services and equipment is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

If the property used for the event has not been properly cleaned or restored, the applicant/sponsor shall be billed for the actual cost by the city for cleanup and restoration.

(1)

Required for certain special events. The applicant/sponsor of an event involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals, water aid stations or any other event likely to create a substantial need for cleanup, shall be required to provide a cleanup deposit prior to the issuance of a special event permit.

(2)

Refunds and overruns. The cleanup deposit shall be returned after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

Any permit issued pursuant to this chapter may be summarily revoked by development services at any time when, by reason of disaster, public calamity, riot or other emergency development services determines that the safety of the public or property requires such revocation. Development services may also summarily revoke any permit issued pursuant to this article if he/she finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in his/her application.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

Prior to the opening of the event, the applicant shall call for an inspection to assure compliance with all permitting conditions. If the building official or fire marshal shall, upon inspection, find that all permitting conditions have not been met, he/she shall notify the applicant indicating the corrections to be made and then he/she shall again inspect the work or apparatus.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)

(a)

Unlawful to sponsor or participate in an event without a permit. It is unlawful for any person to sponsor or conduct a special event requiring a special event permit pursuant to this chapter unless a valid permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a required, valid permit.

(b)

Unlawful to exceed scope of permit. The special event permit authorizes the permittee/sponsor to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee/sponsor to willfully violate the terms and condition of the permit, or for any event participant with knowledge thereof to willfully violate the terms and conditions of the permit.

(c)

Violation is a misdemeanor. Any person or organization violating the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, is subject to a penalty of a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment. Additionally, the city may impose civil penalties as defined by the City Code.

(Ord. No. 01-0-17, § 1, 9-10-2001; Ord. No. 05-0-08, §§ 1, 2, 5-17-2005)