(a)

Purpose and intent. The purpose of this article is to regulate special events and temporary outdoor sales to ensure public health, safety and welfare. However, nothing in this article shall be construed to prevent members of the public from assembling in the parks and other public forums for the purpose of making any speech or conveying any message to the public without obtaining a special event permit.

(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 activity 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.

A special event shall include but not be limited to a festival, carnival, concert, parade, walk, race, fund raising sale and similar gatherings, grand opening promotions and other similar events not specifically permitted by the land development code.

The following shall not be considered special events and shall not require a special events permit:

(1)

Usage of the city park pavilions or other city facilities through an executed agreement with the city;

(2)

Activities located on public schools which are contained within the school site and will not require assistance from the City of Sunrise;

(3)

Events conducted within a banquet hall, as defined in section 16-277;

(4)

Events at Markham Park, which shall be regulated in accordance with section 16-287 of City Code.

(5)

Events that are confined to an area within the footprint of a building, including roof overhang, provided all sales occur inside the building.

(6)

Events on residential property.

(7)

City events.

(8)

Spontaneous assemblies.

(9)

Temporary outdoor sales (which are subject to the requirement of section 16-288).

(c)

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, or corporation 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. Spontaneous public assembling in the parks and other public forums for the purpose of making any speech or conveying any message do not require special event permits.

(d)

Permit filing 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 community development department, on forms provided by the city, on or before the following deadlines prior to the event to allow sufficient time for the review process:

(e)

Permit review process. All special event permits are subject to development review committee review.

(f)

Filing fee. All special event permits are subject to a filing fee in accordance with the adopted community development department fee schedule, which may be amended from time to time. Such fees are in addition to fees required by fire life safety inspections as authorized in the fire rescue department fee schedule.

(g)

A decision to approve or deny an application shall be made within ten (10) calendar days from receipt of a complete application for events with an expected attendance of less than, or equal to one thousand (1,000) persons and twenty-five (25) calendar days from receipt of a complete application for events with an expected attendance of more than one thousand (1,000) persons.

(Ord. No. 402-13-G, § 14, 11-12-13)

The applicant shall provide all information solicited on the special event permit application form, unless waived by the director of community development, upon finding that such information is not applicable.

(a)

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

(b)

Sketch site plan. A detailed 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 sponsor(s), vendors(s), band(s) 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. The number, size and placement of signs shall comply with subsection 16-253(a). Any 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.

(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. A fire watch may be required.

(f)

Food trucks. All food trucks, as defined in section 16-277, that operate in the city shall provide a copy of the current license issued by the Florida Department of Business and Professional Regulation (DBPR) and identify the associated food commissary for any food truck that is not self-sufficient.

(1)

All events at which food trucks are present shall require special event approval, except as listed in subsection (3) below.

(2)

There shall be a maximum of three (3) food trucks at any special event. Carnivals, Markham Park, and places of public assembly with fixed seating of at least ten thousand (10,000) seats are exempt from this subsection.

(3)

Food trucks at city events shall comply with (f) and are exempt from (f)(1) and (f)(2).

(g)

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

(h)

Insurance. The permit applicant shall agree to maintain and submit with their special permit application a certificate of insurance evidencing the following commercial general liability insurance, or insurance as required in section 16-289.

(i)

Bond. A refundable security bond, or similar financial pledge acceptable to the city, in the amount of two hundred fifty dollars ($250.00), will be required, at the discretion of the director of community development, 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 five (5) calendar days of the event.

(j)

Indemnification. The applicant shall submit an indemnification agreement, as approved by the city attorney, including any and all such 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 any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorneys' fees, expenses and liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof.

(k)

Other materials. Other materials and documentation as may be required by the director of community development.

(Ord. No. 402-13-G, § 14, 11-12-13)

The standards and guidelines to be applied by the development review committee or director of community development in considering the special events permit are as follows:

(a)

Location. All special events on nonresidential properties must obtain a special events permit.

(b)

Duration. A special event shall not exceed one (1) day except for carnivals which shall not exceed five (5) consecutive days unless approved by the city commission. Special events shall close at 11:00 p.m., unless at Markham Park or approved by resolution of the city commission. New Year's Eve events shall close at 1:00 a.m. on New Year's Day.

(c)

Number per year.

(1)

No more than six (6) special events every calendar year shall be held at any one (1) location, unless otherwise approved by resolution of the city commission for good cause and for the public interest of the city. Commercial/office plazas shall be considered one (1) location.

(2)

No events shall occur consecutively, except for those with city commission approval, and if approved shall require a separate permit and fee for each event.

(d)

Access. All efforts shall be made to provide vehicular access from a collector or arterial roadway and a maintenance of traffic (MOT) permit may be required.

(e)

Parking. Adjacent property, owned by other than the applicant, may be used for parking provided a notarized letter of permission from the property owner is provided.

(f)

Building permits. Building permits shall be required for temporary structures, tents, electrical wiring, and other items pursuant to the Florida Building Code. Notwithstanding section 16-278, fees for building permit review and inspection shall not be waived for special events.

(g)

Business tax receipt. All tenants and owners must have a current business tax receipt on file with the city.

(h)

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

(i)

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

(Ord. No. 402-13-G, § 14, 11-12-13)

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 respects. The director of community development may allow for any additional materials to be submitted within seven (7) days of notification;

(b)

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

(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;

(d)

The permit fee has not been paid;

(e)

If a violation has occurred at an event permitted by the city, the director of community development may deny permits to the operator for future temporary events for a period of no more than eighteen (18) months, or may impose additional conditions upon the operator to ensure compliance with this article; or

(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 director of community development.

(Ord. No. 402-13-G, § 14, 11-12-13)

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

(a)

The public areas utilized shall be cleaned within twenty-four (24) 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 the permit issued by the city for the public interest of the city.

(c)

A special event permit and any required Maintenance of Traffic (MOT) permit shall be issued prior to issuance of any building permits.

(d)

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

(e)

The special event permit may be revoked by the city if permit applicant receives a non-renewal or cancellation notice from an insurance company affording coverage.

(Ord. No. 402-13-G, § 14, 11-12-13)

A maintenance of traffic (MOT) permit may be required for closure, temporary blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a special event.

(Ord. No. 402-13-G, § 14, 11-12-13)

The city may require, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the permit holder. By such contract, 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. 402-13-G, § 14, 11-12-13)

(a)

Police services. The police 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 his/her designee is the final authority on the need for police service, including the number of officers and other employees required and the hours assigned.

(b)

Fire rescue services/emergency medical services. The 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 his/her designee is the final authority on the need for fire rescue and/or emergency medical services.

(Ord. No. 402-13-G, § 14, 11-12-13)

The applicant may appeal, by written request, the denial or revocation of a special event permit to the city manager within five (5) calendar days of the director of community development's decision. The written request shall specifically state what portion of the denial is being appealed. The city manager shall have two (2) business days to make a decision and to notify the applicant. The city shall reserve the right to charge a nonrefundable filing fee to offset all, or a portion of, the costs involved in handling the appeal. The city manager's decision shall be the final decision of the city.

(Ord. No. 402-13-G, § 14, 11-12-13)

Notwithstanding any other provision of this article, the following requirements and procedures are applicable to special events at Markham Park:

(a)

Maximum capacity for special events. Because of its size and limited accessibility, the maximum daily attendance permitted for an all-day special event shall be fifteen thousand (15,000) persons.

(b)

Special event permit. The person seeking permission to hold a special event at Markham Park shall obtain the applicable permit from the Broward County Parks and Recreation Division. The permit holder shall comply with all requirements of the county permit as well as all requirements of this section. The city may prohibit the on-site sale of tickets to regulate event crowds.

(c)

Insurance. The permit applicant shall agree to maintain and submit with their special permit application a certificate of insurance evidencing the following commercial general liability insurance, or insurance as required in section 16-289.

(d)

Traffic management; security; safety. The permit applicant shall submit a traffic management plan to the city for its review and approval.

(1)

NW Eighth Street. The city will determine, in its sole and exclusive discretion, on a case-by-case basis, whether to allow special event traffic to exit the park on NW Eighth Street. If permission is granted by the city, event traffic exiting the park on NW Eighth Street shall not be allowed direct access to NW Eighth Street east of NW 136th Avenue.

(2)

Permits. At least ten (10) days prior to the event, the permit applicant shall obtain the necessary permit(s) from the Florida Department of Transportation to use the Sawgrass Expressway right-of-way to access Markham Park from Eighth Street or State Road 84.

(3)

Police services. The police 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 his/her designee is the final authority on the need for police service, including the number of officers and other employees required and the hours assigned.

(4)

Fire rescue services/emergency medical services. The 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 his/her designee is the final authority on the need for fire rescue and/or emergency medical services.

(5)

First aid station. The permit applicant shall separately staff a first-aid station(s) with qualified non-city medical personnel in the event city fire-rescue personnel are not required to be present.

(6)

Other requirements. Notwithstanding the foregoing, permit applicant must also comply with the requirements established under the special event permit for police, fire and other related personnel and the city's off-duty personnel ordinance.

(e)

All permits. The permit applicant shall obtain and demonstrate possession of all necessary permits including any city resolution for all special event activities a minimum of forty-five (45) days prior to the date of the special event.

(f)

Use restrictions:

(1)

No more than one (1) carnival may be held per calendar year.

(2)

Concerts may be held only if they are ancillary to an all-day special event, as determined by the city, except that concert-only events may be held if they are not expected to draw more than seven thousand five hundred (7,500) persons.

(3)

No more than two (2) concert-only special events may be held per calendar year.

(4)

No more than six (6) all-day special events may be held per calendar year. Each all-day event may span more than one (1) day.

(5)

Notwithstanding subsection 16-287(a) the city commission may annually, by resolution, establish a maximum daily attendance that exceeds fifteen thousand (15,000) persons for one (1) or more special events provided the police chief, fire chief, and director of community development determine that the permit applicant has demonstrated sufficient traffic management, fire safety, and public security measures, and the city manager recommends the special event to the city commission. Any resolution shall ensure that the police and fire departments can take all necessary action to protect safety and security notwithstanding the maximum daily attendance capacity.

(g)

Application. The community development department may establish application procedures for the approval of Markham Park events. The director of community development will approve the special event if all applicable requirements of this section have been met.

(h)

County promoted events. Special events promoted and operated solely by the Broward County Parks and Recreation Division are exempt from the requirements of this section, however, the division shall advise the city of any county-promoted and operated special events expected to draw more than seven thousand five hundred (7,500) persons daily and shall coordinate any traffic and security issues with the city.

(Ord. No. 402-13-G, § 14, 11-12-13)

All temporary and seasonal sales on publicly or privately owned property or parks shall be regulated by this section as temporary outdoor sales. Temporary outdoors sales do not include sales that are confined to an area within the footprint of a building, including roof overhang, provided all sales occur inside the building. The use of food trucks are prohibited as part of temporary outdoor sales.

(a)

Purpose. The purpose of this section is to provide a limited exception to the city's general prohibition against conducting outdoor sales and related activities such as the display and/or storage of sale items by allowing temporary outdoor sales and related activities subject to certain conditions and restrictions. This section shall not apply to sales conducted as part of a special event regulated by section 16-278 of the City Code.

(b)

Sales on vacant property.

(1)

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 temporary outdoor sales on vacant property, unless a temporary outdoor sale permit with associated filing fee has first been obtained from the city as provided herein. No person, firm, group, or corporation shall violate any term of a temporary outdoor sales permit issued under this article.

(2)

Permit filing deadline. Any person, firm, group, corporation or institution seeking to conduct a temporary outdoor sale on vacant property in the city shall file a complete application for a temporary outdoor sale permit with the community development department, on forms provided by the city, at least fifteen (15) days prior to the event to allow sufficient time for the review process.

(3)

Permit review process. All temporary outdoor sale permits are subject to development review committee review.

(4)

Filing fee. All temporary outdoor sale permits are subject to a filing fee in accordance with the adopted community development department fee schedule, which may be amended from time to time. Such fees are in addition to fees required by fire life safety inspections as authorized in the fire rescue department fee schedule.

(5)

Signage. The number, size and placement of signs shall comply with subsection 16-253(a). Any sign related to temporary outdoor sales permits 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 with the event.

(6)

Insurance. The permit applicant shall agree to maintain and submit with their temporary outdoor sales permit application a certificate of insurance in accordance with section 16-289.

(7)

Permit requirements. Applications shall contain the name of the person or business wishing to conduct the outdoor sale, the proposed location of the sale, the dates of the sale and the merchandise to be offered for sale. Applications must include proof of insurance. The community development department shall issue permits provided the following conditions are complied with:

a.

Applicants shall have a notarized letter of permission from the property owner or legal representative to use the property for a temporary sale.

b.

The vacant property shall have the appropriate business zoning classification for the type of sale activity.

c.

The vacant property shall have convenient access from a paved dedicated roadway such that motorists entering and leaving the vacant property will not create a traffic hazard or damage public property.

d.

The property must be of sufficient size to accommodate the sales and related activities and to provide adequate on-site parking. The parking lot of an adjacent commercial center may be substituted for on-site parking if the applicant provides a notarized letter of permission from the property owner or legal representative of the adjacent property and available parking exists at the center as determined by the community development department using the parking standards contained in section 16-144 of the City Code. Temporary signage may be required to inform motorists of the location of available parking. The community development department may determine sufficient parking is available based on the shared parking without using the formal procedures set forth in section 16-145 of the City Code.

e.

If lighting, tents or other structures are to be placed on the property in connection with the sale, the applicant shall obtain all other necessary inspections and permits and pay all required fees before sales are conducted.

f.

A refundable security bond, or similar financial pledge acceptable to the city, in the amount of two hundred fifty dollars ($250.00), will be required, at the discretion of the director of community development, to ensure that any damage is repaired and the premises returned to its previous condition prior to the sale, including the removal of any signs or banners within five (5) calendar days of the sale.

g.

No sales activity shall be conducted within fifteen (15) feet of a dedicated road right-of-way.

h.

A temporary outdoor sales permit shall entitle the permit holder to conduct sales for three (3) consecutive days in the vacant private property specified in the permit except that a permit for a temporary outdoor holiday sale for pumpkin sales and Christmas Tree sales shall not exceed thirty-five (35) days. Firework sales shall not exceed thirty (30) consecutive days immediately preceding a holiday.

i.

No vacant parcel of land may be used as a temporary sales site more than three (3) times in any calendar year.

(c)

Sales on developed business property.

(1)

Any business located on property zoned for business and having a valid local business tax receipt may conduct temporary outdoor sales in connection with their business for which a local business tax receipt has been obtained provided all other provisions of this sub section are satisfied.

(2)

Property owners or authorized agents shall register annually with the community development department. Individual tenants within commercial/office plazas are not eligible for registration.

(3)

Registration shall include the property owner to maintain and submit a certificate of insurance evidencing commercial general liability insurance or insurance as required under section 16-289.

(4)

Approved registration shall entitle the property owner to no more than three (3) temporary outdoor sales per calendar year. The property owner is entitled to assign any of the three (3) temporary outdoor sales to any tenant within the plaza. Assignment of temporary outdoor sales by a property owner to a nonprofit organization shall not count towards the three (3) temporary outdoor sales per calendar year unless the nonprofit organization is the tenant or property owner.

(5)

The property owner shall notify the city in writing a minimum of seven (7) calendar days prior to the temporary outdoor sales. The notification shall include any assignment of any temporary outdoor sales to a tenant or to a nonprofit organization.

(6)

Sales activities conducted on a sidewalk in front of a business shall not extend beyond the business storefront. Merchandise shall be displayed in such a way that pedestrian and wheelchair access to sidewalks is not obstructed. Ingress and egress to the business shall not be blocked. All applicable fire and building codes shall be complied with.

(7)

Temporary outdoor sales shall not exceed three (3) consecutive days except for a temporary outdoor holiday sale for pumpkin sales and Christmas Tree sales shall not exceed thirty-five (35) days. Firework sales shall not exceed thirty (30) consecutive days immediately preceding a holiday.

(8)

Parking lot sales or the blocking of parking spaces are prohibited under this subsection. Any property owner that wishes to conduct sales within the parking lot or block parking aisles or parking spaces shall be required to obtain permits in accordance with section 16-288(b).

(9)

The property owner shall be required to obtain permits for placement of any temporary signage associated with the temporary outdoor sales.

(d)

Sales on city property. Sales to be conducted on city-owned property shall require city commission approval. Applicants may be subject to additional requirements, including, but not limited to, greater liability insurance limits, for the use of city property as may be determined by the city commission.

(e)

Sales prohibited. The temporary outdoor sale of motor vehicles is not permitted by this section.

(Ord. No. 402-13-G, § 14, 11-12-13)

The property owner or associated permit applicant shall agree to maintain and submit with special events, Markham Park special events, and temporary outdoor sales a certificate of insurance evidencing the following commercial general liability insurance, or insurance as required herein, under this section.

(a)

Special event permits.

(1)

Minimum limits of liability not less than one million dollars ($1,000,000.00) per occurrence for events expected to draw less than ten thousand (10,000) persons; or minimum limits of liability not less than two million dollars ($2,000,000.00) per occurrence for events expected to draw ten thousand (10,000) persons or more.

(2)

The permit applicant's commercial general liability shall endorse the City of Sunrise as an additional insured under either the CG 2012 0798 additional insured - state or political subdivisions - permits endorsement or the GC 20 26 07 04 additional insured - designated person or organization endorsement, or equivalent endorsements.

(3)

The permit applicant may satisfy the minimum limits of liability required in this section with umbrella and/or excess liability insurance provided the umbrella and/or excess liability insurance is written on a "follow form" basis, or when required, specifically endorses the City of Sunrise as an additional insured, and evidences the same by a certificate of insurance.

(4)

In the event the permit applicant serves alcohol at the special event, the permit applicant agrees to maintain liquor legal liability insurance at minimum limits of liability not less than one million dollars ($1,000,000.00) per occurrence for events expected to draw less than ten thousand (10,000) persons; or minimum limits of liability not less than two million dollars ($2,000,000.00) per occurrence for events expected to draw more than ten thousand (10,000) persons. This coverage requirement may be satisfied by way of endorsement to the permit applicant's commercial general liability insurance; however, host liquor liability coverage shall not satisfy this requirement. The permit applicant's liquor legal liability insurance shall endorse the City of Sunrise as an additional insured, whether written on as a separate policy or as an endorsement to permit applicant's commercial general liability insurance.

(5)

Any coverage insurance required in this section may be written on a designated location, date or special event only basis.

(6)

If the permit applicant receives a non-renewal, cancellation notice, or change in coverage from an insurance company affording coverage required herein this section, permit applicant shall notify the city in writing to community development - planning division prior to the special event with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance.

(7)

City's risk manager reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverage and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, city's risk manager reserves the right, but not the obligation, to review and reject any insurer providing coverage due of its poor financial condition or failure to operate legally.

(b)

Markham Park.

(1)

Insurance shall be required as set forth in section 16-289(a).

(c)

Temporary outdoor sales.

(1)

Minimum limits of liability not less than three hundred thousand dollars ($300,000.00) per occurrence and six hundred thousand dollars ($600,000.00) general aggregate.

(2)

Insurance shall be required as set forth in section 16-289(a)(2), (5), (6), and (7).

The city's risk manager may amend insurance requirements for applicants whose events have been previously well managed and successfully operated or for similar events that have been successfully operated.

(Ord. No. 402-13-G, § 14, 11-12-13)

A violation of any provision of this article is unlawful. Any person who violates any provision of this article shall, upon conviction, be punished as provided in section 1-15 of this Code. The code enforcement division shall have concurrent jurisdiction over violations of this article, including imposition of fines pursuant to section 2-124 of this Code for noncompliance with the requirements of this article and conditions of a special event permit.

(Ord. No. 402-13-G, § 14, 11-12-13)