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O-2015-74CITY OF CLERMONT ORDINANCE No. 2015-74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CITY CODE CHAPTER 54 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", CREATING ARTICLE IV "SPECIAL EVENTS", PROVIDING FOR PURPOSE AND INTENT; DEFINITIONS; PERMIT REQUIRED/EXEMPTION; APPLICATION FOR PERMITS; POLICE PROTECTION; FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES; LIMITATIONS; CONFLICT; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, The City Council recognizes the impact that Special Events have on the availability of City services and also on the health, safety and welfare of the citizens of the City of Clermont, Florida; and WHEREAS, the permitting, planning and implementation of events on public streets, sidewalks, property and places and certain non-public real property within the City, requires various City staff departments; including the Police, Fire, Public Works, Development Services, and Parks and Recreation Departments, to collaborate in an effective process to review and approve Special Events in the best interests of the citizens of Clermont. NOW THEREFORE, BE IT RESOLVED AND ENACTED by the City Council of the City of Clermont, Lake County, Florida that: SECTION 1 Chapter 54, "Street, Sidewalks and Other Public Places, Article IV "Special Events", Section 54- 100 — 54-110 of the Code of the City of Clermont, Florida, is hereby created to read as follows: Article IV. Special Events Section 54-100 Purpose and intent The purpose and intent of this Article is to establish a permitting process for Special Events held on "regulated property" within the City limits that, among other things, because of their nature, create traffic control, crowd control, public safety, sanitation and/or other public health, safety and welfare issues of a nature sufficient to require review by the Police Department, the Fire Department, the Development Services Department, the Parks and Recreation Department, Public Works, and other City staff as deemed necessary. The City Manager is authorized and shall adopt a Special Events Policy to ensure compliance and efficient implementation of the terms of this Article. CITY OF CLERMONT ORDINANCE No. 2015-74 Section 54-101 Definitions The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly requires otherwise: "Advertise" is the act of publicly announcing or calling public attention to a person, thing, place, or event and shall include, but not be limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by radio, television, or newspaper. Distribution also includes the use of electronic media to include email, internet, social media sites, and other electronic means. 2. "Event Organizer" means a business, Corporation, Limited Liability Company, individual, or any other legal entity which organizes, sponsors, or operates a Special Event. 3. "Regulated Property" means all real property located within the municipal boundaries of the City of Clermont, to include the waterways, access points and lakes or other bodies of water under the control of the State of Florida or Lake County Board of County Commissioners whose use may require action by City resources such as, but not limited to, the Police, Fire or Public Works Departments. Any property within the City of Clermont owned by the Lake County School Board is exempt from this definition and the applicable requirements of this Ordinance. 4. "Parade" is any procession, march or assembly wherein the participants travel by foot, vehicle or otherwise in or upon any street, sidewalk, public right-of-way, bicycle path, public property, or public parking facility within the City; provided, however, that "parade" shall not include a peaceful procession or peaceful picketing that is conducted off the street or roadway in conformance with all traffic laws, City ordinances and State Statutes and not in a manner as to obstruct vehicular or pedestrian traffic. "Public Use" is any lawful utilization of City owned parks, grounds, or other facilities which is not prohibited by any applicable regulation, ordinance, or law and which does not in fact interfere with, or tend to interfere with or obstruct the use of the park grounds or facilities by the general public or by any other person or person previously authorized to utilize the same. 6. "Special Event" means a temporary assembly held on regulated property within the City of Clermont, not regularly used by the event organizer to conduct its business or affairs. Special Events may be "for profit" or "not -for -profit". A Special Event shall include, but not be limited to, any ceremony, exhibition, show, concert, pageant, rally, private entertainment events, seasonal holiday sales, professional performances, concerts, parades, street dances, sporting events, festivals, competitions, art shows, runs/ races/ walks or assembly which is intended and/or designed or advertised with the goal of attracting participation of more than two hundred fifty (250) people and any event where fireworks shall be used, exploded or displayed. 2 CITY OF CLERMONT ORDINANCE No. 2015-74 7. "Firework" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire beneath to propel the same, firecrackers, torpedoes, skyrockets, Roman Candles, Daygo Bombs, and any fireworks containing any explosive or flammable compound or any tables or other device containing any explosive substance. Section 54-102 Permit Required/ Exemptions 1. All Special Events held on regulated property within the City of Clermont require a Special Events Permit in accordance with the provisions of this Ordinance, unless expressly exempted. No event organizer required by this Ordinance to obtain a Special Events Permit shall advertise, engage in, participate in, aid, form, or start any Special Event prior to obtaining a Special Events Permit from the City of Clermont. a. Special Events requiring a permit shall be any event or activity; other than the normal day to day or seasonal operations of concerns licensed or established within the City of Clermont, which is designed, advertised, or intended to attract the participation or attendance of more than two hundred fifty (250) people. b. Special Events requiring notification only shall be any events or activities, other than the normal day-to-day or seasonal operations of concerns licensed or established within the City of Clermont which is designed or intended to attract the participation of more than one hundred (100) but less than two hundred fifty (250) people. 2. The City of Clermont, including any and all departments within, is exempt from the special permitting process. Any event held on the water which expects a daily attendance of 250 persons or greater, or serves alcohol, or by nature of the event creates traffic control, crowd control, public safety, sanitation and other public health, safety and welfare issues requires a Special Events Permit. 4. Any existing business or establishment within the City of Clermont that holds, sponsors, supports, or otherwise provides for an event at that establishment which is outside of the normal scope of the intended business practices requires a Special Events Permit if: a. The daily attendance of the event is greater than 250 persons, or b. Alcohol is served at the event, or 3 CITY OF CLERMONT ORDINANCE No. 2015-74 C. Because of the nature of the event creates traffic control, crowd control, public safety, or sanitation and other public health, safety and welfare issues 5. The issue of a Special Events Permit by the City of Clermont shall not relieve any person from the duty to secure other permits or approvals as may be required by the City Code to include, but not be limited to, a Business Tax Receipt, street closure authorization, or other permits/authorizations. 6. Applicant shall not advertise or promote any event prior to receiving an approved Special Events Permit. Section 54-103 Application for Permit Any person or entity seeking the issuance of a Special Events Permit shall file an application with the Parks and Recreation Department for all events occurring on City owned property and with the Fire Department Fire Prevention Division for all events occurring on privately owned property as set forth herein. 1. Filing Period. All Special Events applications shall be for a single event, and shall not be valid for reoccurring future events. A complete application with all required documents for a Special Events Permit shall be filed with the Parks and Recreation Department or Fire Prevention Division of the Fire Department not more than three hundred sixty five (365) days before, and not less than thirty (30) calendar days before the date and time at which it is proposed to commence the event. 2. Contents. The application shall; at a minimum, state the following: a. The name of the event organizer, sponsor or responsible person or entity. b. The mailing address, email address, and telephone number of the event organizer, sponsor or responsible person or entity. C. If the event is 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. d. The specific location of the proposed special event. e. The date of the special event and the hours of operation. f. The approximate number of spectators and/or participants present or participating in the event. 4 CITY OF CLERMONT ORDINANCE No. 2015-74 g. A designation of any public facilities or equipment proposed to be utilized. h. State permit if state roadway is to be used. i. If the event is a parade, the following additional information shall be required: 1. The exact location or any marshalling or staging areas for the parade; 2. The time at which units of the parade will begin to arrive at the staging areas and the times at which all such units will be disbursed from; 3. The exact route to be traveled, including the starting point and termination point; 4. The approximate number of persons who, and animals and vehicles which, will constitute the parade; the types of animals and description of the vehicles; 5. A statement as to whether the parade will occupy all or only a portion of the width of the street, roadway, or sidewalks to be used; 6. A general description of the activities to be conducted at the special event together with attendance estimates. j. Proof of general liability insurance with the City of Clermont named as an additional insured, if the event is held on public or City owned property. k. A security plan with the name of the company providing staffing; including certified crowd managers if applicable, for the special event. A predetermined manpower allocation table shall be used as a guideline in order to determine how many officers with arrest powers will be assigned to the special event; if any. The Chief of Police or designee may adjust the requirement of officers with arrest powers as he or she determines necessary. A site plan, which shall show at a minimum the following: 1. The dimensions and locations of all permanent and proposed temporary structures to be located on the property. Should any temporary structures be required for the event, the applicants will be responsible for obtaining all necessary Building Permits and meeting all requirements of applicable Building and Fire Codes; 2. Ingress and egress locations. Access to the site must not impede normal traffic flow on adjacent roadways; 5 CITY OF CLERMONT ORDINANCE No. 2015-74 3. The capacity and location of restroom facilities; either permanent or temporary, sufficient to meet the anticipated demand at the event; 4. Adequate provision for solid waste collection and disposal; 5. A parking plan with all on -site and overflow parking, if necessary, and proposed traffic flow; in addition to any necessary traffic control devices at the special event location. M. A list of all concessionaires and vendors in addition to the event organizer, if any. n. A Certificate of Good Standing certifying that the event organizer is authorized to do business in Florida, if the event organizer is a Corporation or Limited Liability Company or some other business entity required to be registered with the Department of State. o. Copies of all fliers, handbills, newspaper advertisements and other advertising that the event organizer anticipates using to promote or advertise the special event. P. Written proof of permission from the owner of the regulated property for the use of said property by the event organizer for the special event. The owner shall be required to sign the application and agree to any conditions placed on the special event by the City. If the owner of the property is the City or the property is public property, this term shall not be required. q. Copies of all required federal, state and local business or regulatory licenses required to be held by the event organizer. r. Any other documentation or information that City staff or the City Council; upon appeal, determines to be reasonably necessary to properly evaluate the application. 3. Fees. A non-refundable application fee as approved by Resolution of the City Council shall be paid to the City of Clermont at the time the application is filed. CITY OF CLERMONT ORDINANCE No. 2015-74 4. Decision and Appeal. The City Manager or his designee shall review the completed application. If the application for a permit is denied, the applicant may appeal the denial to the City Council by submitting a written request for appeal to the City Manager within thirty (30) days of the date of denial. The City Council shall review the matter at its next available regular meeting and shall review the application together with all supporting documentation and city departmental comments considered by the City Manager or his designee in making his decision. The City Council may uphold, overturn or revise the decision of the City Manager or his designee and the City Council's decision shall be final. Section 54-104 Police Protection After obtaining as much information as the Chief of Police or his or her designee reasonably deems necessary regarding a Permit application, it shall be determined whether and to what extent additional police protection reasonably will be required for the event for purposes of traffic, crowd control, and security. If additional police protection for the event is deemed necessary by the Chief of Police or his or her designee, he or she shall so inform the applicant forthe Permit. The applicant then shall have the duty to secure police protection acceptable to the Chief of Police or his or her designee at the sole expense of the applicant, and shall prepay the expenses of such protection as required. The Chief of Police or his or her designee shall consider what additional manpower, equipment and supplies are needed, as well as any other items or expenses which will be necessary. Section 54-105 Fire Protection and Emergency Medical Services After obtaining as much information as the Fire Chief and Fire Marshal or their designee reasonably deems necessary regarding a Permit application, it shall be determined as to the need for on -site fire watch, crowd managers, or emergency medical personnel. The Fire Marshal or his or her designee shall consider such factors as the location, number of anticipated participants and spectators, and type of event; including the application of appropriate Codes and Ordinances. if fire watch, crowd managers and/or emergency medical personnel for the event are deemed necessary by the Fire Chief or Fire Marshal, he or she shall so inform the applicant who shall have the responsibility to secure fire watch, emergency medical personnel, and/or crowd managers reasonably acceptable to the Fire Chief and/or Fire Marshal or their designee at the sole expense of the applicant and shall prepay the expenses of such protection. Only state certified licensed professional fire/emergency medical personnel shall be used for this purpose; preferably City of Clermont Fire Department employees and equipment. The conduct of the event shall not introduce extraordinary hazards to fire protection and/or life safety in the immediate or adjacent areas. 7 CITY OF CLERMONT ORDINANCE No. 2015-74 Section 54-106 Limitations No Permit issued under this section shall extend for a period of more than three consecutive days. Any break in the event shall require the issuance of a separate Special Events Permit. Seasonal holiday sales may extend beyond 3 days, but shall not extend beyond 30 days prior to the applicable holiday. Section 54-107 - 110 Reserved SECTION 2 Conflict. All Ordinances or parts of Ordinances, all City Code Sections or parts of City Code Sections, and all Resolutions or parts of Resolutions in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 3 Severability. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part declared to be invalid. SECTION 4 Codification. The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of "Article" for "Ordinance", "Section" for 'Paragraph", or otherwise to take such editorial license. SECTION 5 Effective Date. This Ordinance shall be effective immediately upon its adoption as provided by law. CITY OF CLERMONT ORDINANCE No. 2015-74 PASSED AND ADOPTED by the City Council of the City of Clermont, this 8�' day of March, 2016. CITY OF CLERMONT m 0V0 I Gail L. Ash, Mayor ATTE Tracy Ackroyd Howe, City Clerk roved as to fornj and legality: Daniel F. Mantzaris, City Attorney