(a)

Definitions. As used in this article, the terms, phrases, words and their derivatives shall have the meanings given herein, unless the context otherwise requires:

Special event means temporary use of public property by ten (10) or more persons or three (3) or more vehicles for the purposes of conducting certain outdoor, short-term events such as a festival, parade, rodeo, fund raising, walkathon, bikeathon, jogging activity, or any other similar organized activity whether for profit or not for profit wherein public streets, parks or other public areas are to be utilized.

(b)

Permit required. No special event shall take place without a permit obtained pursuant to this article.

(c)

Permit applications.

(1)

A person desiring a special event permit shall file an application with the city manager or designee on forms provided by such officer. Such application shall be filed not less than seven (7) days nor more than ninety (90) days before the date on which it is proposed to conduct the event.

(2)

The application for a special event permit shall set forth the following information:

a.

The name, address and telephone number of the person requesting the permit;

b.

The name and address of the organization or group he or she is representing;

c.

The name, address and telephone number of the person or persons who will act as chairman of the special event and be responsible for the conduct thereof;

d.

The number of monitors to be provided and the identifying marks, badges or symbols to be worn or used by the monitors;

e.

The purpose of the event, the estimated number of persons to participate and otherwise attend, and the number and types of vehicles (if any) to participate;

f.

The method of notifying participants of the terms and conditions of the special event;

g.

The date the event is to be conducted and the hours it will commence and terminate;

h.

The specific assembly and dispersal locations, the specific route and the plans, if any, for disassembly and dispersal;

i.

Whether any music will be provided, either live or recorded;

j.

The number, types and locations of all loudspeakers and amplifying devices to be used;

k.

Assurance that the applicant will make provision for adequate police presence, if any, and that the applicant will conform to necessary fire prevention rules, regulations and guidelines;

l.

Assurance that the applicant will make provision for garbage and litter cleanup associated with the special event during and after the special event in the specified area, to include a signed statement by public waste department that satisfactory arrangements have been made. For events ending by 6:00 p.m., all cleaning activities shall be completed within six (6) hours after the end of the event; and for events ending after 6:00 p.m., all cleanup activities shall be completed by 8:00 a.m. the following morning.

m.

Assurance that the applicant will cause all booths, stands, signs and any other movable fixtures pertaining to the event to be removed immediately after the special event;

n.

Such other information as the city manager may reasonably deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.

(3)

The city manager or designee, where good cause is shown therefor, shall have the authority to consider any application hereunder which is filed less than seven (7) days before the date a special event is proposed to be conducted.

(d)

Standards for permit issuance. The city manager or designee shall issue a special event permit when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that:

(1)

The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.

(2)

The conduct of the special event will not unreasonably interfere with the provision of adequate police protection to this city.

(3)

The conduct of such special event will not prevent normal ambulance service to portions of this city other than that to be occupied by the proposed line of march and areas contiguous thereto.

(4)

The concentration of persons, animals and vehicles at assembly points of the special event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.

(5)

The conduct of the special event will not unreasonably interfere or obstruct the movement of firefighting equipment.

(6)

The conduct of participants in the special event is not reasonably likely to cause injury to persons or property.

(7)

The special event, if a parade, is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

(e)

Notice of permit denial. If the city manager or designee denies the application for a special event permit, he shall mail to the applicant within three (3) days after the date upon which the application was filed, a notice of his action. This denial can be appealed to the city council pursuant to the provisions of subsection 18-71(i).

(f)

Alternative permit. The city manager or designee, in denying an application for a special event permit, shall be empowered to authorize the conduct of the special event on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five (5) days after notice of the action, file a written notice of acceptance with the city manager. An alternate special event permit shall conform to the requirements of, and shall have the effect of a special events permit under this article.

(g)

Contents of permit. If the special event is a parade, the permit shall state the following information:

(1)

Starting time;

(2)

Minimum speed;

(3)

Maximum speed;

(4)

Maximum interval of space to be maintained between units, if the special event is a parade;

(5)

The portions of the streets to be traversed that may be occupied by the special event;

(6)

The maximum length of the special event in miles or fractions thereof.

(h)

Revocation of permit. The city council or designee shall have the authority, after a hearing affording due process, to revoke a special event permit issued hereunder upon application of the standards for issuance as set forth in this article.

(i)

Appeals. Any person aggrieved by a decision of the city manager or designee made pursuant to the provisions of this article shall have the right to appeal his decision to the city council. To appeal, the applicant can file a request for a hearing before the council with the city clerk within twenty-four (24) hours after notice of the decision. Upon receipt of such a request by the city clerk, the city council shall meet prior to the date on which the special event is requested to take place. At the city council meeting, the appellant shall be afforded due process. At the close of the hearing, the council shall affirm, reverse or modify the city manager's decision. The decision of the council shall be final. A final decision by the city council regarding a special event permit may be promptly appealed to any court of competent jurisdiction.

(j)

Compliance with laws and regulations. A person or organization holding a special event permit shall comply with all permit directions and conditions and with all applicable laws and ordinances.

(Ord. No. 881, § 18.71, 6-26-2017)

(a)

Exemption. The provisions of this article shall not apply to or affect the following:

(1)

Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

(2)

Persons acting in accordance with their powers and duties as public officials.

(3)

Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted under the land use plan of the city or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer, or vendor, which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.

(4)

Any bona fide charitable, educational, cultural, or governmental institution or organization, when the proceeds from the sale are used directly for the charitable purposes of the institution or organization, and the goods or articles are not sold on a consignment basis.

(b)

Permit required. No garage sale shall be conducted unless and until the individuals designated to conduct such sale shall obtain a permit therefor from the planning director or designee. Members of more than one (1) residence may join in obtaining a permit for a garage sale to be conducted at the residence of one (1) of them.

(c)

Written statement of applicant. Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the planning director or designee, at least three (3) days in advance of the proposed sale, setting forth the following information:

(1)

Full name and address of applicant.

(2)

The location at which the proposed garage sale is to be held.

(3)

The date, or dates, upon which the sale shall be held.

(4)

The date, or dates, of any other garage sale held within the current calendar year.

(5)

An affirmative statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired or consigned for the purposes of resale.

(d)

Investigation of applicant. Before issuing a permit, the planning director or designee may conduct an investigation as may reasonably be necessary to determine if there is compliance with this article.

(e)

Permit fee. There shall be no fees for the issuance of the first permit to any individual, firm or corporation. There shall be an administrative processing fee of three dollars ($3.00) for the issuance of any additional permit to the same person, firm or corporation.

(f)

Conditions and restrictions. The permit shall set forth and restrict the time and location of such garage sale. No more than two (2) such permits may be issued to one (1) resident and/or family household during any calendar year. If members of more than one (1) residence join in requesting a permit, then such permit shall be considered as having been issued for each and all such residences.

(g)

Exceptions to permit conditions and restrictions.

(1)

Inclement weather. If a garage sale is not held on the date, or dates, for which the permit is issued, or is terminated during the first day of sale because of inclement weather conditions, and an affidavit by the permit holder is submitted to this effect, the planning department may issue another permit to the applicant for a garage sale to be conducted at the same location within thirty (30) days from the date when the first sale was to be held. No additional permit fee shall be required.

(2)

Change of property ownership. A third garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change of ownership of the real property is first presented to the planning director.

(h)

Display of permit. Any permit in the possession of the holder of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public.

(i)

Property to be sold. It shall be unlawful for any individual to sell or offer for sale, under authority granted by this article, property other than personal property.

(j)

Hours of operation. Such garage sales shall be limited in time to no more than the daylight hours of two (2) consecutive days.

(k)

Display of sale property. Personal property offered for sale shall not be displayed on any public right-of-way.

(l)

Parking. All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the police department may enforce such temporary controls (as required) to alleviate any special hazards and/or congestion created by any garage sale.

(m)

Responsibility for conduct of persons on the premises. The individual to whom such permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises.

(n)

Signs.

(1)

Number, size of signs permitted. Only the following specified signs may be displayed in relation to a pending garage sale: One (1) sign of not more than four (4) square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.

(2)

Time limitation on exhibition of signs. No sign as provided above shall be exhibited except during the hours of operation.

(3)

Removal of signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs.

(o)

Revocation and refusal of permit.

(1)

For giving false information. Any permit issued under this article may be revoked or any application for issuance of a permit may be refused by the planning director or designee of the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.

(2)

For conviction of violation. If any individual is convicted of an offense under this article, the planning department is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for a period of two (2) years from the date of the conviction.

(p)

Inspection; arrest authority of police. A police officer shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises of such a sale or arrest any individual who violates the provisions of this article.

(q)

Violation; penalty. Any person, firm or corporation found guilty of violating this article shall not be entitled to the issuance of a permit for a period of twelve (12) months from the date of the violation cited. A second violation of this article shall be considered a misdemeanor of the second degree and punished and fined in accordance with the laws of the State of Florida.

(Ord. No. 881, § 18.72, 6-26-2017)

(a)

Description and purpose. Temporary use permits are administrative regulations intended to provide orderly and effective management of temporary land uses not provided for in the district where the proposed use is located. Such uses are often found to be necessary and desirable for limited periods of time while they might not be keeping with the intent and purpose of the land uses established in Chapter 18 of this Code, if allowed on a long term basis. Such uses shall not exceed two (2) calendar weeks in length, unless otherwise approved by the DeFuniak Springs city council. Applicant may apply for up to four (4) separate two (2) week periods in one (1) calendar year. The two (2) week periods must be separated by at least one (1) calendar month.

The provisions of this section allow thorough administrative review of these special types of land uses and offer a method of limiting them to their individual specifications. These provisions are designed to allow certain reasonable temporary uses while minimizing adverse impact upon the public's health, safety, and welfare.

(b)

Permits. Application for a temporary use permit shall be made to the planning department. A temporary use permit may be made for uses as described herein, and shall comply with all items required under subsection (c) criteria and requirements for temporary use.

(c)

Criteria and requirements for temporary use. A temporary use permit shall be issued upon such conditions as the planning department may reasonably require to assure compliance with all information and assurances submitted with the application and shall, in addition, be expressly conditioned upon the following:

(1)

Site plan: An aerial plot (scale of 1 inch = 20 feet) of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately portray the property and to identify the area to be utilized for the event. A description of the proposed use, a drawing identifying details of the temporary use facilities and the means of ingress and egress.

(2)

Parking: Adequate parking, consistent with current zoning requirements for similar uses shall be maintained during such temporary use. Parking shall only be allowed on designated parking areas as per survey and drawing identifying parking area. No parking will be allowed on any vegetation or public right-of-ways, only on paved areas. If deemed necessary, a financial guarantee, in an amount determined by the city's finance director and in a form approved by the city attorney and city council guaranteeing the repair of public right-of-way of any damage resulting to the right-of-way as a result of the temporary use. If off-site parking is to be utilized, permission must be in writing from the owner of said property.

(3)

Authorization: A notarized statement from the property owner(s) and lease (if applicable) that the temporary use is permitted on the property. The statement must include the temporary use dates (including setup and take-down), location, description type and the name of the company and representative designated by the property owner.

(4)

Traffic control and pedestrian safety: Arrangements in the vicinity of the temporary use are to be arranged by the operators of the temporary use with the City of DeFuniak Springs Police Department. Traffic generation will not exceed that of similar uses in the Land Development Code or adversely impact flow of traffic and traffic volumes on adjacent roadways. Use of existing access drives is required unless otherwise approved.

(5)

Sanitary facilities: Documentation regarding arrangements for temporary sanitation, health and safety facilities or equipment facilities and such assurances as the city may require concerning compliance. A minimum of two (2) port-a-potty's with at least one (1) handicap accessible is required.

(6)

Hours: No sales shall be made between the hours of 9:00 p.m. to 9:00 a.m.

(7)

No alcoholic beverages are allowed in conjunction with any temporary use.

(8)

All applicable permits must be obtained prior to the installation of any temporary structures, lighting, signage, etc.

(9)

A Life Safety inspection must be made by the city prior to any sales being made. No electrical cords are to be permitted across any vehicular/pedestrian use area.

(10)

Debris removal: Site is to be kept cleared of all debris before, during and after the event. Waste receptacles are to be provided at the location during the temporary use. The applicant and property owner are responsible for removal of all debris from property. If deemed necessary, a financial guarantee, in an amount determined by the finance director and in a form approved by the city attorney guaranteeing that the premises will be cleared of all debris during and after the event and that any damage to public property will be repaired at the cost of the property owner or applicant(s).

(11)

A temporary use is allowed for up to two (2) weeks four (4) times per calendar year unless otherwise approved by the DeFuniak Springs city council. Each two (2) week period shall be separated by at least one (1) month within the same calendar year.

(12)

Levels of noise volume shall not adversely affect adjacent commercial or residential areas.

(13)

Uses shall be substantially compatible with adjacent uses dependent upon dates and hours of operation and the other requirements set forth herein. Additionally, uses shall be substantially compatible with the goals, objectives and policies of the comprehensive plan.

(14)

Dates of operation will include dates to assemble and dismantle equipment and/or structures.

(15)

Only one (1) temporary structure is allowed per temporary use. Temporary structures do not include motor homes, trailers, or other vehicles with axles. If a tent is used as a temporary structure a flame retardant certificate is required and a building permit must be obtained and inspected by the building and fire departments prior to operation. Please note: Lighting inside a tent requires an electrical permit obtained by a licensed electrical contractor.

(16)

Insurance coverage naming the City of DeFuniak Springs, and property owner(s) as additional insured. The mailing address for the city is 71 US Hwy 90 W; DeFuniak Springs FL 32433. Insurance certificate shall state the business name, temporary use type, operation date(s), and location.

(17)

The temporary use location area shall be the same at the end of the temporary use as it was at the being of the event. If erosion has occurred or vegetation is disturbed during such temporary use event, then the applicant shall repair the temporary use location site to the same or better condition as before the temporary use event occurred.

(18)

No temporary use permit shall be approved when a local merchant exists, who deals in goods offered by the temporary use, whose principal business is located within the same center or within three hundred (300) feet of the proposed location of the temporary use.

(19)

The temporary use must be compatible with the surrounding land uses; however, no temporary use permits shall be issued for events in residential zoned areas.

(20)

Temporary use signage may not be installed on state or city right-of-way and shall be compatible with its surroundings. All signage must be removed from the site on or before the last day of the event.

(21)

It shall be unlawful for any person or persons to shout, blow a horn, ring a bell, or use any sound device, including any loudspeaking radio or sound amplifying system upon any of the streets, alleys, parks or other public place of the city, or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

(d)

Administration. Upon approval of the application by the city council and the application sufficiently complies with the DeFuniak Springs Land Development Code, the planning department may issue a temporary use permit setting forth the duration of the permit and specifying such conditions as to hours, location, parking, traffic, access and any other conditions of the activity.

(e)

Application time. The application for a temporary use permit for all uses shall be filed at least thirty (30) days prior to the date on which the permit is to take effect. The application forms shall provide such information as the planning department shall find to be reasonably necessary for fair administration and provided to the city council at a regular scheduled meeting.

(f)

City council authority. Upon filing of application, the city council shall have the authority to approve, conditionally approve, or deny the permit application.

(g)

Revocation of permit without stay. Upon finding imminent and hazardous threats to public health and safety caused by any use, the planning department may take reasonable steps to prevent public access thereto and to eliminate such hazard and may revoke or suspend a permit. An appeal of such action may be taken as provided elsewhere within the land development code, but without a stay of the revocation or suspension. A permit may be reinstated provided that the applicant has met all conditions required by the city council.

(h)

Exemption clause. Exemption from this section may be given to charitable, nonprofit organizations, events/activities associated or sponsored by governmental entities and/or local merchants within the city limits. If an organization is exempt from a temporary use permit than a special event permit must be obtained and approved by the planning department and city manager.

(i)

Uses. The following temporary uses are subject to, but not limited to, the regulations contained in this article.

(1)

Seasonal sales ex: christmas tree and pumpkin patch sales.

(2)

Tangible dealer products (clothing, shoes, street artists/craftsmen, tool, etc.) - if in a specified location for more than a twenty-four (24) hour period.

(3)

Low speed vehicle rentals for special events.

(4)

Fund-raising car washes not held for civic and government organizations.

(5)

New and used car sales are prohibited.

The following events shall not be considered as a temporary use event but special event use event as defined in chapter 22 streets, sidewalks, and public places; article III. Special event permits are to be approved by the planning department and city manager prior to commencement of any activity. If a public street, alleyway, or right-of-way is to be closed at any given time, permission from the city council must be obtained prior to the approval of the planning department and city manager.

(1)

Circuses, carnivals, fairs, concerts, festivals;

(2)

Rodeo/roping events;

(3)

Fund raising events;

(4)

Parade, walk-a-thon, bike-a-thon, jogging activity;

(5)

Any activity to be conducted on in a public property whether for profit or non-profit wherein public streets, parks, or other public areas are to be utilized.

The following events shall not be considered as a temporary use event but as a peddler, solicitor, or canvasser event as defined in chapter 17 peddlers, solicitors, canvassers, etc. A peddler, solicitor, or canvasser must obtain approval from the DeFuniak Springs planning and police departments prior to commencement of any activity.

(1)

Local produce stands.

(2)

Ice cream vendors.

(3)

Itinerant (Mobile) Merchants and/or Vendors (including seafood vendors) - who reside in one (1) location for less than a 24-hour period.

(j)

Prohibited uses.

Fireworks stands: A temporary use permit shall be permitted for the sales of fireworks in any agricultural, commercial or industrial zoning district. Such permits may include temporary stands, tents, display tables and similar facilities provided any such facility complies with the approval of the city council. The permit shall not exceed a period fourteen (14) days.

(k)

Penalty for failure to comply. Any person, organization, society, association or corporation, or any agent or representative thereof, who shall violate the provisions of this article, shall be subject, upon conviction in court, to a fine not exceeding the sum of five hundred dollars ($500.00).

(l)

Fees. Fees for temporary use permits, by use and class of use, shall be established from time to time by resolution of the city council. The city manager, at his discretion, may waive the established fee for temporary uses that are government entity sponsored or sponsored by civic or nonprofit organizations. The city manager may, in determination for a fee waiver request, require documentation establishing an organization's civic and/or nonprofit status. Application fees are as follows:

Assembling and dismantling days will constitute as a per day charge.

(Ord. No. 830, § 2, 3-11-2013; Ord. No. 947, § 3(Exh. A), 1-23-2023)

Editor's note— Ord. No. 830, § 2, adopted March 11, 2013, set out provisions as section 17-5(a), in order to keep the Code consistent with other temporary uses within the Land Development Code, these provisions have been included as section 18-72.1, at the discretion of the editor.