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Ordinance 12-2018 Special Events ORDINANCE NO.12-2018 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 106, STREETS,SIDEWALKS AND OTHER PUBLIC PLACES,ARTICLE VII, SPECIAL EVENTS ON PUBLIC PROPERTY, DIVISION 1, GENERALLY, BY AMENDING SECTIONS 106-257(1)AND 106- 257(2) RELATING TO REGULATIONS RELATING TO SPECIAL EVENT; AMENDWG SECTION 106-281 RELATING TO REQUIRED;AMENDING SECTIONS 106-282(B), 106-282(C)(10), AND 106-282(C)(14) RELATING TO APPLICATION;AMENDING SECTIONS 106-283(6) AND 106-283(10) RELATING TO STANDARDS FOR ISSUANCE; AMENDING SECTION 106-284 RELATING TO NOTICE OF APPROVAL OR DENIAL;AMENDING SECTION 106-285 RELATING TO APPEAL PROCEDURE; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY,FLORIDA,AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106,Streets,Sidewalks and Other Public Places;Article VII,Special Events on Public Property,Division 1,Generally,by amending Section 106-257(1)and Section 106-257(2)to read as follows: "Sec.106-257.-Regulations relating to special event. The following regulations shall apply to all special events held within the town: (1) There shall be held at the location requested no more than one special event on any given day,without priority for any particular date,to be granted to the first person to submit a completed application designating that day.The Town reserves the riqht to limit use of public spaces at anv time to prevent overuse and/or adverse impacts to adiacent neiqhborhoods. (2) The maximum total duration of each special event and the assembly thereof Ishall be ihre�five 5 hours. Page 1 of 7 Ordinance No.12-2018 (3) Any signs,props or displays used in conjunction with the special event must be removed immediately after the time permitted for the special event has expired. (4) The use of banners,flags(other than flags of official govemmental bodies), streamers,balloons or any similar devices,in connection with the event,shall be prohibited. (5) The use of decorated vehicles and trailers in connection with the event is prohibited. (6) The granting of a special event permit under this article shall not require the complete blockading of streets or intersections to vehicular traffic,and the town shall be empowered to apportion such streets and intersections for simultaneous use by special event participants and vehicular and pedestrian traffic. (7) The concentration of persons and/or vehicles at the special event will not interfere unduly with proper fre and police protection of,or ambulance service to, areas contiguous to the assembly area or other areas of the town. (8) There are sufficient parking places near to the site of the special event to accommodate the approximate number of automobiles reasonably expected to be driven to the special event. (9) The event is not otherwise in violation of ordinances or regulations of the town or the state or of federal law." Section 2.The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106,Streets,Sidewalks and Other Public Places;Article VII,Special Events on Public Property, Division 1, Generally, by amending Section 106-281 to read as follows: "Sec.106-281.-Required. No person shall engage in,participate in,aid,form or start any special event unless � a special event permit shall have first been obtained from the town manager or his/her designee.No permit shall be required for special events officially sponsored by the town government and approved by the town council,nor shall the regulations set forth in this division 2 apply to such special events. Section 3.The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106,Streets,Sidewalks and Other Public Places;Article VII,Special Events Page 2 of 7 Ordinance No.12-2018 on Public Property, Division 1, Generally, by amending Sections 106-282(B), 106- 282(C)(10),and 106-282(C)(14)to read as follows: "Sec. 106-282.-Application. (a) Required.A person seeking issuance of a special event permit shall file an application with the town clerk's office on forms provided by the town. (b) Filing. A completed application for a special event permit, providing all information required herein,shall be filed with the town clerk's office not less than�9-45 days(or a shorter period of time as deemed appropriate at the discretion of the Town Manaqer)aeFand not more than 98-days9 months for residents and 7 months for non-residents before the date on which it is proposed to conduct the special event. (c) Contents. The application for a special event permit shall set forth the following information: (1) The name, address and telephone number of the person seeking to conduct such a special event. (2) The purpose of the special event. (3) If the special event is proposed to be conducted for, on behalf of, or by an organization,the name,address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization. (4) The date on which the special event is to be conducted. (5) The exact hours the special event is to be conducted. (6) The name or type of event. (7) The exact location of the event. (8) The approximate number of participants and spectators. (9) A detailed description of the activity or activities, including whether or not the event requires support facilities such as traffic control, parking volume,crowd control. (10) The name of the applicanYs insurance company for the event and proof of insurance.The town shall be named as a+�additional insured on a policy of liability insurance in an amount not less than $1,000,000.00.The Town of Palm Beach reserves the riqht to require additional coveraqes and limits based uqon the particular special eyent proposed bv the applicant. If the sqecial event applicant maintains higher limits than the minimums shown below. the Town requires and shall be entitled to coveraqe for the hiqher limits maintained bv the applicant. Page 3 of 7 Ordinance No. 12-2018 (11)The signature of the applicant. (12) The name,address and telephone number of the person who will be responsible for the conduct of the special event(i.e., special event chair). (13) Provisions for cleanup after conclusion of the special event. The applicant shall be responsible for costs of complete and immediate cleanup. (d) Fees.(�4�The followinq fees in accordance with the fee schedule adopted by the town council bv resolution as mav be amended from time to time: a.An administrative processing fee^^�', �^`����•�^«^F� I�Fe fili...,�I.,h.,f'I'...,fe.. .,.11.+....e...;4L,4L.e Fee he� e..'le.l fr.....4�...e�..ti...e� b.A refundable damaqe deposit,if aqplicable� c.A usaqe fee qrepaid for the hours reauested to hold the proposed special event, if applicable." Section 4. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106,Streets,Sidewalks and Other Public Places;Article VII,Special Events on Public Property, Division 1, Generally, by amending Sections 106-283, 106- 283(6)and 106-283(10)to read as follows: "Sec. 106-283.-Standards for issuance. � The town manager�sffice shall issue a special event permit� when from-a consideration of the application and from such other information as may otherwise be I obtained, he/she finds that: (1) No other applicant has obtained a permit for the date requested. (2) The special event applicant has agreed in writing to abide by all provisions set forth in this article. (3) All required information is set forth in the application and is in accordance with all provisions set forth in this article. (4) The concentration of persons and vehicles at assembly points of the special event will not interfere with the proper fire and police protection of or ambulance services to areas contiguous to such assembly areas. Page 4 of 7 Ordinance No. 12-2018 (5) The conduct of such special event will not interfere with the movement of police and fire rescue vehicles and equipment en route to a fire or the movement of emergency medical services equipment en route to an emergency. (6) The special event is not being held for the purpose of advertising any product, goods or event,and �^^'.s,.�:^,��shall not be held for private profit or fund raising unless the applicant is a 501 (c)3 non-proft in which a charitable solicitation oermit would also be reauired. (7) The conduct of the special event will not substantially interrupt the safe and orderly movement of pedestrian or vehicular traffic contiguous to the place of the special event. (8) The conduct of the special event will not result in damage to town-owned property or constitute a hazard to the safety of other persons within the immediate vicinity of the event. (9) Na event is scheduled elsewhere in the town where the town's resources required for that event are so great that the deployment of resources for the proposed assembly would have an immediate and adverse effect upon the welfare and safety of persons and property. (10) An original certificate of insurance rausG-Fiewas supplied to the town naming the town as avradditional insured on a policy of liability insurance in an amount not less than$1,000,000.00 or an amount hiqher based upon the particular special event proposed." Section 5. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106,Streets,Sidewalks and Other Public Places;Article VII,Special Events on Public Property,Division 1,Generally,by amending Section 106-284 to read as follows: "Sec.106-284.-Notice of approval or denial. I The town manager shall act upon an application for a special event permit within 35 20 days after the fling thereof and must notify the applicant of the approval or denial of the application within that same period. If the town manager denies an application,a written notice stating the reasons for denial shall be sent to the applicant by certified mail � and made available by the town for inspection within the 3520-day period specified above." Sec[ion 6. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 106,Streets,Sidewalks and Other Public Places;Article VII,Special Page 5 of 7 Ordinance No.12-2018 Events on Public Property, Division 1, Generally, by amending Section 106-285 to read as follows: "Sec. 106-285.-Appeal procedure. Any person aggrieved shall have the right to appeal the denial of a special event � permit to the town council.The appeal shall be submitted in writinq#ake+�within five days of notice of denial. If an appeal to the town council is made, the town council shall act upon such appeal at the next regular monthly meeting of the town council subsequent to the notice of appeal." Section 7. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications,and to this end the provisions of this Ordinance are hereby declared severable. Section 8. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 9. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 10. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Page 6 of 7 Ordinance No. 12-2018 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 12th day of June, 2018, and for second and final reading on this 10th day of July, 2018. � . � �.��.Q��- ��-l� i . Coni o, ayor Danielle H. Moore, Town Council President Margare . Zeid , Council President Pro Tem Jul e own C un il Member t ATTEST: Lewis S. W. Cr pton, Town Council Member . � l�_—� Kathleen Dominguez, Town k Bobbie Lindsay, Town ouncil M ber . "'- _��. _ . J'`. f J['. _ _ .. , . - yJ ,�1 ..i . .. ` .. ..... � . . �'�. . � �. �_ . . �(,/'�'(� ` . ',�i . / `(�;' ... .. Page 7 of 7 Ordinance No. 12-2018