Ordinance No. 2022-023CITY OF CLERMONT
.mod.. ORDINANCE NO.2022-023
1 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF
2 CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 54,
3 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, SECTION 54-
4 102, "PERMIT REQUIRED; EXEMPTIONS"; SECTION 54-103,
5 "APPLICATION OF PERMIT DEFINITIONS"; REPEALING ALL
6 ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
7 SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION
8 OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE.
9 WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes,
10 conferred upon local governments the authority to adopt regulations designed to promote the
11 public health, safety and general welfare of its citizens; and
12 WHEREAS, the City Council determined that it is in the public interest to amend Chapter
13 54, Streets, Sidewalks and other Places to update the section on Special Events.
14 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
15 OF CLERMONT, FLORIDA, as follows:
16 SECTION 1:
17 Chapter 54, "Streets, Sidewalks and Other Public Places" is hereby amended to read as follows;
18 (note strikethrough indicates removed words and underlined indicates added):
19 Section 54-102. Permit required; exemptions
20 (a) All special events held on regulated property within the City of Clermont require a special
21 events permit in accordance with the provisions of this section, unless expressly exempted.
22 No event organizer required by this section to obtain a special events permit shall advertise,
23 engage in, participate in, aid, form, or start any special event prior to obtaining a special events
24 permit from the City of Clermont.
25 (1) Special events requiring a permit shall be any event or activity; other than the normal
26 day to day or seasonal operations of concerns licensed or established within the City of
27 Clermont., whieh .s designed, .,,7yeFtise ,or- .,*o.,aoa +,. ,,.., aet the ..,,.ftieipatie
28 Of Mery than aAgnp'Anh.
29 u��.er*sn nrrs:re�e�errr!r��■_
. -We
1 day to day
neEmal or seaseaeA
operations of eeneems
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33 (3) gJAny organized activity, including but not limited to any ceremony, exhibition, show,
34 concert, wedding, large gathering, pageant, rally, private entertainment events, seasonal
35 holiday sales, professional performances, concerts, parades, street dances, sporting
36 events, festivals, competitions, art shows, bonfires, runs/races/walks or assembly, and
37 any event where fireworks shall be used, exploded or displayed that is held on city or
38 np gate property shall be required to obtain a special events permit.
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ORDINANCE NO.2022-023
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(b)
The city, including any and all departments within, is exempt from the special permitting
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process.
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(c)
Amy evea4 held en the water w-hieh expeets a daily afteadanee of 250 persons ef gr-eeAer-, e
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sanitafien and ether- sa et l faissues .., eve -As p --
rhealth,
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Any event held on the water that utilizes City access such as public boat ramps. upland
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property, launches or facilities may be re uired to obtain a s ecial events 2ermit.
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(d)
Any existing business or establishment within the city that holds, sponsors, supports, or
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otherwise provides for an event at that establishment which is outside of or beyond the normal
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and customary use approved for the business or establishment
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business or is not a use 12ermitted at the location under the ci code, requires a special events
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permit if the nature attendance or activities occurring as part of the event creates traffic
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control. crowd control ublic safety, or sanitation and other public health. safety and welfare
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issues as determined by Ci staff. V
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(1) The daily aRead e_. f the event . . ter- than250 pe se -,
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(2) Aleohel isserved M the event;
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of sanitation and other- Y- bli t, ft f C t a welfare issues.
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(e)
The issue of a special events permit by the city shall not relieve any person from the duty to
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secure other permits or approvals as may be required by the City Code to include, but not be
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limited to, zoning and use approvals, a Business Tax Receipt, street closure authorization, or
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other permits/authorizations.
61 (f) Applicant shall not advertise or promote any event prior to receiving an approved special
62 events permit.
63 Section 54-103. Application of permit definitions
64 Any person or entity seeking the issuance of a special events permit shall file an application
65 with the fire department fire prevention division as set forth herein if occurring on private property
66 and with the City Parks and Recreation Department if occurring on City property.
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(1) Filing period. All special events applications shall be for a single event, or reoccurrin
events.and shall not be valid f e eetH:F. fi t evei4s. A special event application
may be submitted for a maximum of 12 reoccurring special events in a calendar year if
the event utilizes the same event space, event times specific locations and logistical
details. A complete application with all required documents for a special events permit
shall be filed with the fire prevention division of the fire department for events held on
private property or the parks and recreation department if held on city propert not more
than 4$8 365 days before, and not less than 60 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
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b.
The mailing address, email address, and telephone number of the event organizer,
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sponsor or responsible person or entity.
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c.
If the event is to be conducted for, on behalf of, or by an organization; the name,
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address, and telephone number of the headquarters of the organization and of the
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authorized and responsible heads of such organization.
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d.
The specific location of the proposed special event.
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e.
The date of the special event and the hours of operation.
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f.
The approximate number of spectators and/or participants present or participating in
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the event.
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g.
A designation of any public facilities or equipment proposed to be utilized.
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h.
State permit if state roadway is to be used.
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i.
A notification letter to be delivered by the gpplicant to residents and business owners
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impacted by road closures disclosing s ecific times and street closures. Notification
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must be sent prior to City Council reviewing the closures.
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If the event is a parade, the following additional information shall be required:
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1.
The exact location or any marshalling or staging areas for the parade;
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2.
The time at which units of the parade will begin to arrive at the staging areas and
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the times at which all such units will be disbursed from;
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3.
The exact route to be traveled, including the starting point and termination point;
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4.
The approximate number of persons who, and animals and vehicles which, will
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constitute the parade; the types of animals and description of the vehicles;
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5.
A statement as to whether the parade will occupy all or only a portion of the width
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of the street, roadway, or sidewalks to be used;
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6.
A gener-al s eta cific description of the activities to be conducted at the special event
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together with attendance estimates.
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7.
A imblic notification letter by the a licant to be delivered to residents and business
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owners impacted by road closures disclosing specific times and street closures.
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Notification must be sent prior to City Council reviewing the closures.
106 k. Proof of general liability insurance with the City of Clermont named as an additional
107 insured, if the event is held on public or city owned property.
108 k.l A security plan with the name of the company providing staffing; including certified
109 crowd managers if applicable, for the special event. A predetermined manpower
110 allocation table shall be used as a guideline in order to determine how many officers
ill with arrest powers will be assigned to the special event; if any. The chief of police or
112 designee may adjust the requirement of officers with arrest powers as he or she
113 determines necessary.
114 l:m A site plan, which shall show at a minimum the following:
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1.
The dimensions and locations of all permanent and proposed temporary structures
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to be located on the property. Should any temporary structures be required for the
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event, the applicants will be responsible for obtaining all necessary building permits
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and meeting all requirements of applicable building and fire codes;
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2.
Ingress and egress locations. Access to the site must not impede normal traffic flow
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on adjacent roadways;
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3.
The capacity and location of restroom facilities; either permanent or temporary,
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sufficient to meet the anticipated demand at the event;
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4.
Adequate provision for solid waste collection and disposal;
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5.
A parking plan with all on -site and overflow parking, if necessary, and proposed
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traffic flow; in addition to any necessary traffic control devices at the special event
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location.
127 M n.. A list of all concessionaires and vendors in addition to the event organizer, if any.
128 N-. o. A certificate of good Standing certifying that the event organizer is authorized to
129 do business in Florida, if the event organizer is a Corporation or Limited Liability
130 Company or some other business entity required to be registered with the Department
131 of State.
132 9p:. Copies of all fliers, handbills, newspaper advertisements and other advertising that
133 the event organizer anticipates using to promote or advertise the special event.
134 Pg.. Written proof of permission from the owner of the regulated property for the use of
135 said property by the event organizer for the special event. The owner shall be required
136 to sign the application and agree to any conditions placed on the special event by the
137 city. If the owner of the property is the city or the property is public property, this term
138 shall not be required.
139 q.r. Copies of all required federal, state and local business or regulatory licenses required
140 to be held by the event organizer.
141 r-.s. Any other documentation or information that City staff or the City Council; upon
142 appeal, determines to be reasonably necessary to properly evaluate the application.
143 (3) Fees. A non-refundable application fee as approved by Resolution of the city council
144 shall be paid to the City of Clermont at the time the application is filed.
145 (4) Decision and appeal. The city manager or his designee shall review the completed
146 application. If the application for a permit is denied, the applicant may appeal the denial
147 to the city council by submitting a written request for appeal to the city manager within
148 30 days of the date of denial. The city council shall review the matter at its next available
149 regular meeting and shall review the application together with all supporting
150 documentation and city departmental comments considered by the city manager or his
151 designee in making his decision. The city council may uphold, overturn or revise the
152 decision of the city manager or his designee and the city council's decision shall be final.
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CITY OF CLERMONT
ORDINANCE NO.2022-023
SECTION 2: CONFLICT
Any portion of the Code of Ordinances, City of Clermont, Florida or any ordinance or part thereof in
conflict with this ordinance is hereby repealed to the extent of such conflict.
SECTION 3: SEVERABILITY
157 It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
158 phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of
159 competent jurisdiction, such portion shall be deemed a separate, distinct and independent
160 provision, and such holding shall not affect the validity of the remaining portions hereof.
161 SECTION 4: CODIFICATION
162 The text of Section 1 of this Ordinance shall be codified as a part of the Clermont City Code The
163 codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
164 the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
165 editorial license.
166 SECTION 5: ADMINISTRATIVE CORRECTION
167 Regardless of whether such inclusion in the Code as described in Section 6 is accomplished,
168 sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
169 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
170 designee, without need of public hearing, by filing a corrected or re -codified copy of same with
171 the City Clerk.
172 SECTION 6: PUBLICATION & EFFECTIVE DATE
173 This ordinance shall be published as provided by law and shall take effect immediately upon its
174 Second Reading and Final Passage.
CITY OF CLERMONT
��� ORDINANCE NO.2022-023
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Florida on this 24th day of May, 2022.
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Tracy Ackroyd Howe, MMC
City Clerk
APPR D A TO FORM AND LEGALITY:
Daniel F. Mantzaris, City Attorney
CITY OF CLERMONT
Tim Murry, Mayor