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Parkland City Zoning Code

ARTICLE 65

- SPECIAL EVENTS PERMIT PROCEDURE7


Footnotes:
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Editor's note— Ord. No. 2018-015, adopted Aug. 16, 2018, repealed and replaced art. 65 to read as herein set out. Former art. 65 pertained to the same subject matter, consisted of §§ 65-10—65-110, and derived from Ord. No. 2015-09, adopted Sept. 21, 2015.


Sec. 65-10.- General.

A.

Permit required. No person, firm, group, corporation or institution shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce participation in a special event, unless a special event permit with associated filing fee has first been obtained from the city as provided herein. No person, firm, group, corporation or institution shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event.

B.

Special events definition. Special events shall mean any meeting, activity, parade or gathering of a group of persons, animals or vehicles or combination thereof, having a common purpose on any publicly or privately owned property, sidewalk, alley, park, lake or publicly or privately owned place or building, which special event substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public place or building so as to preempt normal public or private use of space or which deviates from the established, legally permitted use of a space or building. Special events are activities that are of a temporary or seasonal nature. Usage of the city park pavilions through an executed rental agreement and activities located on private or public schools which are contained within the school site and will not require the assistance from the City of Parkland shall not require a special events permit. Any activity that is not so determined, shall comply with all applicable city requirements including, but not limited to, the city's land development regulations. All temporary and seasonal sales on publicly or privately owned property or parks shall be considered special events.

C.

Permit application deadline. Any person, firm, group, corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the parks and recreation department on forms provided by the city. The city manager or his/her designee shall prepare and provide a special event permit application and the application shall contain applicable guidelines consistent with this article.

D.

Permit review. All special event permits are subject to review and approval by the parks and recreation director or his/her designee and other city departments including public safety.

E.

Application fee. All special event permits are subject to an application fee in accordance with the adopted fee schedule, which may be amended from time to time. However, city events, city sponsored events, areas on private property which are specifically designed for public gatherings or events conducted by a 501(c) nonprofit organization are not required to pay the application fee. Proof of nonprofit status must be provided. The application shall contain applicable guidelines.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-20. - Permit requirements.

The applicant shall provide all information solicited on the application form, unless waived by the parks and recreation director or designee, upon finding that such information is not necessary.

A.

Authority. Notarized evidence that the property owner/managing agent authorizes the use of the site for the special event reflected on the special event permit application.

B.

Site plan. A detailed site plan for the event, including, but not limited to, property boundaries; road access; location of trash receptacles, sanitary facilities, tents or other structures; location of rides if applicable; location of parking; location of temporary dwellings, offices, and equipment; and proposed setbacks of activities, fences, tents, booths, etc., from adjacent properties.

C.

Statement of use. A detailed statement of use, including, but not limited to, sponsors, vendors, bands and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on site, security, utilities, and use of generators.

D.

Signage. Only the following on-site signs relating to a special event are permitted:

1.

Only one (1) professional on-site sign per special event is permitted unless waived by the city for good cause and the public interest of the city.

2.

Any professional on-site sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to, the proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for the event.

3.

Professional banner signs and flags proposed within the signage plan may be approved by the parks and recreation director or designee banner signs are subject to the standards and restrictions of section 22-466 [100-1540]. No signs shall be permitted in the safe sight visibility triangle or if prohibited by the City Code.

E.

Food service. If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Broward County mobile business tax receipt permit if applicable, Florida State health certificates, and a list of the type of food service proposed. All food service vendors shall provide the city a valid certificate of insurance naming the city as additional insured no later than one (1) week prior to the scheduled event. A fire watch may be required.

F.

Alcohol. Applicants may, as permitted by the city, provide alcoholic beverages given that a copy of the permit issued from the Florida Department of Alcoholic Beverages and Tobacco is attached to the special event permit application.

G.

Insurance. The operator of an event shall provide evidence of liability insurance acceptable to the city and shall provide the city with a certificate of insurance showing the city as additional insured. The insurance may be general liability, worker's compensation and employer's liability and liquor liability as appropriate to the event. The amount of insurance required shall be determined by the parks and recreation director or designee based upon the nature and scope of the special event, the location of the event, and other relevant factors.

H.

Security deposit. A refundable security deposit or similar financial pledge acceptable to the city, will be required, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners within two (2) calendar days of the event.

I.

Indemnification. The applicant shall submit an indemnification agreement, as approved by the city attorney, holding the city harmless from any and all claims, suits, actions, damages or causes of action arising as a result of the special; event or of the condition of the premises on which the special event is held, including those arising during the event itself, and those arising during its preparation and removal before and after the event, for any personal injury or loss of life, or damage to or loss of property, and from and against any orders, judgements, or decrees which may be entered thereon, and from and against any costs and attorneys' fees incurred in and about the defense of any such claims, and the investigation thereof.

J.

Other materials. Other materials and documentation as may be required by the parks and recreation director or designee.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-30. - Standards, guidelines and review criteria.

The standards and guidelines for evaluating special event permits are as follows:

A.

Location. Special events within nonresidential zoning districts may occur only on properties possessing the following zoning district designations: B-1, B-2, B-3, PCD, OP, OS, CR, and CF. In residential portions of PUDs, PCDs, or PRDs, a special events permit must be obtained for special events occurring on public or private schools, places of worship, and public parks. For private property in residential zoning districts, a special events permit is not required as long as the property owner can provide documentation that the event will not interfere with the public's safety and welfare which includes, at a minimum, evidence that parking will be provided on site and not spill to adjacent properties and that traffic or noise created by the event will not unduly burden a neighboring resident's quiet enjoyment of their property.

B.

Duration. A special event on non-residential property shall not exceed seven (7) consecutive days. The city may authorize one (1) administrative time extension of up to seven (7) days for good cause and for the public interest of the city. Pumpkin sales and Christmas tree sales shall not exceed thirty (30) days. Special events on residential property shall be limited to two (2) days.

C.

Number per year.

1.

No more than two (2) special events at any given time may occur simultaneously at any commercial/office plaza. Special event applications will be reviewed and approved by the city on a first-come, first-serve basis. When competing applications for the same day, time, and location, priority will be given to pre-established annual events that are in good standing.

2.

City-sponsored and city co-sponsored events are hereby exempt from the limitation on the number of events per year.

D.

Access. With the exception of block parties, all efforts shall be made to provide vehicular access from a collector or arterial roadway.

E.

Traffic control. Use of police officers or acceptable alternative to direct and control traffic may be required.

F.

Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the city.

G.

Compliance. If a violation occurs at an event permitted by the city, the city manager may deny permits to the operator for future temporary events for a period of no more than eighteen (18) months.

H.

Public safety. The applicant shall secure the necessary police and fire protection at its sole cost and expense, and the event shall not overburden police and fire.

I.

Noise ordinance. The city prohibits unreasonable and disruptive noise that is clearly incompatible with the normal activities of certain locations at certain times. The city's noise ordinance, article IV, is applicable and enforceable to both public and private property within the city.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-40. - Denial of special event permit.

A special event permit is a special privilege granted by the city and may be denied for reasons such as, but not limited to, the following:

A.

The application is not complete in all material. The city manager may allow for any additional materials to be submitted within seven (7) days of notification; or

B.

All of the conditions set forth in this article and all contractual requirements imposed by the city, if any, have not been met; or

C.

The special event will interfere with or unduly burden municipal services including, but not limited to, police, fire, and emergency medical protection, water and sanitary sewer service and solid waste removal; or

D.

The special event will pose a threat to the health, safety or welfare of residents of the city or unduly burden the resources of the city; or

E.

The application fee has not been paid; and

F.

Any other valid reason including, but not limited to, noise, traffic, harm to the health, safety or public welfare, as so determined by the city manager.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-50. - Conditions for granting a special event permit.

All special event permit applications approved pursuant to this division shall be subject to the following conditions:

A.

The public areas utilized shall be cleaned within twelve (12) hours following any special event, and in all respects restored to its former condition unless otherwise specified.

B.

All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in such section or waived by the city manager for good cause and the public interest of the city.

C.

The special event permit may be revoked by the city if any conditions listed in the permit arise any time after the issuance of the permit and prior to or during the special event.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-60. - Exemption of public right-of-way closures.

Any block party that is temporarily blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a block party is hereby exempt from an application fee. The permit application shall be subject to review by the city manager. Closure of any public right-of-way not within the city's jurisdiction shall require approval from the appropriate authority. A "block party" requires approval from the board of directors of a property owners association, if one exists, or a majority of residents living on the block to be closed to consent to closure, and the event must be sponsored solely by such residents and not be for any commercial or for-profit purpose.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-70. - Special event contract and city service fees.

The city may require, as a condition of a special event permit, that the applicant enter into a legally enforceable agreement with the city relative to the duties and responsibilities of the permit holder as a condition of the special event. By such agreement, the city shall require that the applicant pay to the city the municipal costs in providing services in support of the special event. The city may require that the applicant pay to the city a user fee for the use of public property.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-80. - Police services.

The city's law enforcement department shall review the permit application and assess the need for police services. If police services are required, the applicant will be informed of such and will take the responsibility for contacting the police department directly. The applicant is responsible for the cost of these services. The police chief or designee is the final authority on the need for police service, including the number of officers required and the hours assigned. Payment for police services, based on an estimate is required to be paid in full fourteen (14) days prior to the event. Payment adjustments, based on final invoice, is required to be paid in full fourteen (14) days after the event.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-90. - Fire rescue services/emergency medical services.

The city's fire rescue department shall review the permit application and assess the need for fire rescue services, fire watch and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibility for contacting the fire rescue department directly. The applicant is responsible for the cost of such services. The fire chief or designee is the final authority on the need for fire rescue and/or emergency medical services. Payment for fire services, based on an estimate is required to be paid in full fourteen (14) days prior to the event. Payment adjustments, based on final invoice, is required to be paid in full fourteen (14) days after the event.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-100. - Appeal of permit application.

An appeal of the city manager's decision may be made pursuant to section 55-1510, administrative appeals.

(Ord. No. 2018-015, § 2, 8-16-2018)

Sec. 65-110. - Code enforcement jurisdiction.

The special magistrate shall have concurrent jurisdiction over violations of this division, but may only assess fines for noncompliance with the requirements of this division; in the alternative, the city may issue notices to appear in county court and prosecute violation in county court.

(Ord. No. 2018-015, § 2, 8-16-2018)