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HomeMy WebLinkAboutOrdinance 2004-209 ORDINANCE NO. 2004-.2.0.<:) AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2004- 203 ESTABLISHING GUIDELINES FOR THE ISSUANCE OF SPECIAL EVENTS PERMITS; PROVIDING FOR THE CITY MANAGER OR DESIGNEE WITH THE AUTHORITY TO ISSUE, MODIFY, OR REVOKE PERMITS FOR SPECIAL EVENTS; PROVIDING FOR ENFORCEMENT; REQUIRING APPLICATIONS FOR OUTDOOR EVENTS THAT ARE NOT "SPECIAL EVENTS" AS DEFINED HEREUNDER; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach has become a destination city for many tourists and business; and WHEREAS, special events are held on a regular basis in the City; and WHEREAS, the City wishes to protect the health and welfare of its residents by establishing criteria for hosting of special events in the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Permit Required. It shall be unlawful to engage in special events, defined as any organized event that takes place on public property, or private property, where such eyent would not normally be allowed based on zoning, certificate of use or business license, without a special events permit. Section 2. Special Event Application. Applicants wishing to hold a special event must submit a completed special event application, including but not limited to an application, site plan, fees, deposits, insurance and indemnification, as required by the special events requirements and guidelines, no less than 60 days in advance of the events, unless the City Manager or designee waives the 60 days notice requirement upon a showing of good cause by the applicant for failing to meet notice requirement. The City Manager or designee has the absolute right to deny applications that are not submitted less than 60 days in advance of the events. Special events applications are subject to review by the City Manager or designee, and applicants are required to present their plans to the City Manager or designee, corresponding to the geographic area where the event is proposed. In the case of events that expect 750 or more Special Events Permits Legislation/Ordinances HO/jb 1 attendees and where there is no legally constituted/recognized association. the matter will be referred for review and recommendation to the City Commission. Section 3. Fees. The City Manager or designee may impose such fees as they determine appropriate considering the impact of the special event on the City facilities and services, including without limitation, user fees for particular City properties, rates for exclusive use of public property, and concession agreements for paid admissions, and sale of food, beverage and merchandise on public property. The City Manager may, in his discretion, reduce or waive the submission periods, or fees for events by not-for-profit corporations, for a particular event when such waiver is found to be in the best interest of the City. An application fee of forty ($40.00) dollars shall be submitted with a special event permit application. Section 4. Authority of the City Manager The City Manager or designee will make final determination on an application or a permit within seven days after all special events requirements applicable to an event have been fulfilled, with appropriate extensions of such deadline to allow for coordination between City departments. All requirements must be fully completed no later than two weeks prior to the event, including payment for city services. No refunds will be made after a permit is issued; however, payment does not constitute permission to hold the event. Conflict with noise provisions. The City Manager or designee may issue a permit that authorizes a special event in conflict with noise o~'dinance of the City, only where the applicant has met all of the City's requirements and guidelines, and the special event cannot be performed in compliance with the applicable noise ordinance. Such a permit must specify the precise manner by which the noise ordinance may be exceeded, by what duration, and at what locations. Such permit authorization excessively negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all other applicable local, State or Federal laws. Section 5. Outdoor Special Events. A permit is required for any outdoor event that is not defined as a special event in Section 1 herein above. No application fee shall be required for permits issued under this Section. Section 6. Enforcement. a. Permits shall be maintained at the site on which the special event occurs. Upon the request of any police officer or code compliance officer of the City, the owner, lessee of the property or other representative of the special event, shall produce such permit for inspection. Special Events Permits Legislation/Ordinances HO/jb 2 b. Persons engaged in a special event without a permit, or otherwise in violation of a permit, this section or the special events requirements and guidelines provided for herein, shall be subject to enforcement by City police or code enforcement officers, through the issuance of immediate cease and desist orders, the violation of which may subject the offender to arrest, and/or enforcement as provided under the City Code, and/or notices of violation referred to special masters, who have authority to issue fines or enforce compliance, as provided for in chapter 30 of this code. Police or code enforcement officers will coordinate enforcement with the office of arts, culture and entertainment. As an alternate and supplemental remedy, the City may enforce this section by injunctive relief in any court of competent jurisdiction, and in such circumstance the City shall be entitled to recover its reasonable attorneys' fees and costs. For repeat offenders, the City Manager or designee may decline to issue permits to such person or entity for one year, or such other period as the City Manager deems appropriate. Section 7. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed Section 8. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 9. Inclusion In The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 10. Effective Date. This Ordinance shall take effect ten (10) days after adoption at second reading. PASSED and ADOPTED on First Reading the ~day of ~ UIY\..L. ,2004. PASSED and ADOPTED on Second Reading this ~ day of ~ ' 2004. ..p" '-\. ATTEST: ,.' ". \" L.. r ) A, ", ,," ..J ~ .t~J./[J1 ,', .(~. ~ 1.1 .. ",.., /l;!a' . ...... ~ ~'. Jane A. tlJ'ines; City Clerk ' . \"! '- . . ',1 .......'. . . " . '. ',"" Special Events Permits t Legislation/Ordinances HO/jb ,CO".,,, '" ,~ 3 Moved by: Ct>~ IGL <c..~/ ~~ Second by: 0..c~ ~~E..21 W VOTE AS FOLLOWS: $-0 L0 yes L0yes ~yes ~~: Mayor Edelcup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler L)no L)no L)no L)no L)no Special Events Permits Legislation/Ordinances HO/jb 4