AGENDA MEMORANDUM

                                                             

 

MEETING DATE:   February 22, 2010

 

FROM:                       Bill Wiley, AICP, Community Development Director

 

SUBJECT:                  Proposed amendments to Chapter 26 – Special Events of the Leesburg Code of Ordinances

 

 

Staff Recommendation: 

Staff requests the City Commission review and approve the proposed revisions for Chapter 26 – Special Events of the Leesburg Code of Ordinances.

 

Analysis:

Since the enactment and implementation of Chapter 26 – Special Events of the City of Leesburg Code of Ordinances in November 2008, staff has had the opportunity to implement the requirements of the special events ordinance for numerous special events.  Based on this experience, the following amendments are recommended to further enhance the intent of the special events ordinance. These amendments will more clearly define the requirements of the ordinance for city staff, event organizers and event participants along with improving the ability of the City of Leesburg to provide needed services. The following is a summary of the proposed changes:

                          

Proposed amendments to Section 26-1. Definitions: 

 

Proposed amendment to Section 26.2. Special Event Permit Required.

 

Proposed amendment to Section 26-4. Permit fee; payment required.

 

Proposed amendment to Section 26-8. Time for filing application for special event permit.

 

Proposed amendment to Section 26-23. Cost Recovery for special events

 

Proposed amendment to Section 26-32. Unlawful to sell goods in special event venue area without authorization.

 

Options         

1.         Approve the requested amendments to Chapter 26 – Special Events.

2.         Other such action as the Commission may deem appropriate

 

 

Fiscal Impact:

There is no anticipated fiscal impact for the City of Leesburg at this time.

 

Submission Date and Time:    2/19/10 10:07 AM____

 

Department: Community  Development

Prepared by:  Mike Miller, Planner                   

Attachments:         Yes__X_   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes_X_  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head __BW_____

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. _________

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG; PERTAINING TO SPECIAL EVENTS; PROVIDING LEGISLATIVE FINDINGS; AMENDING SECTIONS 26-1 DEFINITIONS, SECTION 26-4. PERMIT FEE, PAYMENT REQUIRED; SECTION 26-8 TIME FOR FILING APPLICATION FOR SPECIAL EVENT PERMIT, SECTION 26-23. COST RECOVERY FOR SPECIAL EVENTS, AND SECTION 26-32 UNLAWFUL TO SELL GOODS IN SPECIAL EVENT VENUE AREA WITHOUT AUTHORIZATION.PROVIDING; PROVIDING FOR CONFLICT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, the City Commission wishes to revise the process for permitting special events conducted by the private sector so that those with permits may use city streets, facilities or services; and

 

            WHEREAS, it is recognized that these special events enhance the lifestyle within the City of Leesburg and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services; and

 

            WHEREAS, it is recognized that tax exempt non-profit organizations that benefit the community are essential to the quality of life in the City of Leesburg and that they often develop, through their special events, the resources to provide essential services to the citizens of the City of Leesburg; and

 

            WHEREAS, by recognizing special event venues, it is further intended by the City Commission to supplement land use regulations, to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events, to insure the heath and safety of patrons of special events, to prohibit illegal activity from occurring within special event venues, and to protect the rights and interests granted a special event permit holder; and

 

            WHEREAS, it is further intended by the City Commission to create a mechanism for costs recovery for special events without having an adverse affect on those events that contribute to the citizens of the City of Leesburg and the community; and

 

            WHEREAS, it is also the intent of the City Commission to protect the rights of its citizens to engage in protected free speech and expressive activities and yet allow for the least restrictive and responsible, time, place and manner regulations of those activities within the overall context of rationally regulating special events that have an impact upon public facilities and services.

 

            NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION 1.

 

Chapter 26 of the Code of Ordinances of the City of Leesburg, Florida, is amended to read as follows: 

 

 

Sec. 26-1.  Definitions.

As used in this chapter:

Building means any fully enclosed permanent structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. It includes push carts or sidewalk cafes, as defined in Chapter 25 of this Code, for which the sale of goods, food or beverages has been authorized. 

Business tax receipt shall have the meaning assigned to that term in F.S. § 205.022(2) or any successor or amended version thereof. 

Conditional approval means the special event application has been reviewed by all city departments and that each department has recommended approval and has provided an estimate of the costs of labor, equipment and consumables necessary to support the event as described. Comments, cost estimates and a recommendation for approval by the departments shall be presented to the applicant during a regularly scheduled meeting of the development review committee (DRC). 

Commercial special event means any special event organized and conducted by any person that does not qualify as a tax-exempt non-profit organization. 

Controlled zone means a zone within the special event venue in which special regulations may apply as recommended in each case by the city manager or designee including but not limited to controlled access by fencing and gating, wristband identification of persons admitted to a controlled zone, wristband identification of persons authorized to purchase and hold in possession alcoholic beverages, loudspeaker limits and controls, enhanced security measures, and entertainment controls. 

Demonstration means any formation, procession or assembly of seventy-five (75) or more persons which, for the purpose of expressive activity, is: 

(1)      To assemble or travel in unison on any street in a manner that does not comply with normal

or usual traffic regulations or controls; or

(2)   To gather at a public park or other public area.

Event includes a special event or a demonstration. 

Event organizer means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a demonstration, commercial special event or non-commercial special event. 

Expressive activity  includes conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature. 

Excusable Neglect  means an act of neglect that occurs not as a result of a party’s fault but due to circumstances beyond his or her control.  The failure of a party to follow a required procedure in a timely fashion that results from a circumstance (as an accident) which is considered by the city to be sufficient reason to excuse that party.  Excusable neglect allows a party to seek relief from an application deadline in order to file late or to be granted a deadline extension.      Extension of Premises means those local businesses who possess a City of Leesburg Business Tax Registration and possess a permanent alcoholic beverage license issued by the State of Florida (Florida Department of Business and Professional Regulations) who sell alcoholic beverages regularly in the ordinary course of business throughout the year or a local bona fide State of Florida 501c3 who also possess a City of Leesburg Business Tax Registration who qualify for and are granted a temporary three (3) day alcohol license from the State of Florida and who request and are granted permission by both the State of Florida and the City of Leesburg in writing to sell alcohol outside their normal place of business on a temporary basis on their own private property or public property during an approved special event.  For those applicants requesting an extension of premises on public property during an approved special event (including but not limited to the Leesburg Bikefest and Leesburg Mardi Gras), it must be in cooperation with and approved by the event organizer through a contract/agreement in writing and the city in writing and subject to such conditions as the city may impose upon the use of public property for such purposes.                                      

Goods  means goods, wares, personal property, merchandise or any other similar item, which is sold or offered for sale at an event.                                                                 

Intermediate event  means a special event of one (1) day or more in duration, with an estimated cost of between one thousand dollars ($1,000.00) and five thousand dollars ($5,000.00) in city services, staff overtime and equipment usage, which does not include the sale or distribution of alcohol. 

Major event  means a special event of one (1) day or more in duration, with an estimated cost of over five thousand dollars ($5,000.00) in city services, staff overtime and equipment usage, which may include the sale and/or distribution of alcohol. A special event which would constitute a minor event or an intermediate event but for the sale or distribution of alcohol shall be considered a major event. 

Minor event  means a special event of one (1) day or less in duration, with an estimated cost of under one thousand dollars ($1,000.00) in city services, staff overtime and equipment usage, which does not include the sale or distribution of alcohol. 

Non-commercial special event means any special event organized and conducted by a person that qualifies as a tax-exempt non-profit organization. 

Public property means property that is owned, leased, operated, maintained or controlled by the state, city, any independent agency or authority of those bodies, or any other governmental entity. 

Sidewalk means that portion of the right of way of a street, other than the actual roadbed, set apart by curbs, barriers, markings or other delineation and intended primarily for pedestrian travel. 

Sign means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device. 

Special event means: 

(1)      A preplanned single gathering, event or series of related consecutive daily gatherings or

       events of an entertainment, cultural, recreational, educational, political, religious or sporting  

       nature, or of any other nature, expected to draw five hundred (500) or more persons at any

       session as participants or spectators, and sponsored by an individual or entity, which is

       proposed to be held on public property. A special event does not include any activities on

       private property, except as specifically provided in this chapter. Examples of this type event

       shall include but not be limited to: Bikefest, Mardi Gras, Fine Arts Festival, and other

       similar events;

(2)      Any organized formation, parade, procession or assembly consisting of seventy-five (75) or

more persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or

(3)      Any organized assemblage of seventy-five (75) or more persons at any public beach or

public park, which impact city streets, sidewalks or other public thoroughfares, which is to gather for a common purpose under the direction and control of a person. Examples of this type event shall include but not be limited to: Saturday Morning Market, festival, bicycle or running events; or

(4)      Any other organized activity conducted by a person for a common or collective use, purpose

or benefit which involves the substantial use of, or has a material impact on, other public property or facilities and the provision of city public safety services in response thereto. Examples of this type event shall include but not be limited to: concerts, fairs, or other mass participation events.

(5)      The term "special event" as used in this chapter shall not include the following: (i) religious

services held within a permanent structure constituting a properly permitted and zoned house of worship meeting all requirements of the City Code pertaining to such use; (ii) concerts, meetings, conferences, dinners and other events sponsored by a church, synagogue or other organized religious group and held within a permanent structure constituting a properly permitted and zoned house of worship meeting all requirements of the City Code pertaining to such use, or wholly within an adjunct structure on the site where the house of worship is located, such as a chapel, social hall or gymnasium; (iii) activities of a commercial business holding a current and valid business tax receipt, to the extent such activities are of the type authorized by the business tax receipt or by any planned unit development, conditional use permit or other land use approval issued by the city for the purpose of allowing the conduct of such commercial business, provided that such activities are carried on at the place where the business is licensed to operate and customarily operates, and provided further that the activities are conducted within the premises where the business customarily is conducted, without expansion into areas ordinarily reserved for parking, open space or other portions of the curtilage of the business premises within which the business does not usually conduct its commercial ventures unless otherwise approved through a temporary outdoor sales permit,  an approved extension of premises or there is an agreed upon contract/agreement with the event organizer. 

Special event permit means a permit issued under this chapter. 

Special event venue means that area for which a special event permit has been issued.  Street means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highway. 

Supporting events  means events or activities ancillary to and in support of a special event, providing service such as parking, transportation to or from the special event, or similar   activities not being provided by the event organizer, and supplied by local businesses, community groups or private individuals within and outside of the permitted special event venue. Supporting events shall pay fees, as specified for minor events under this chapter, however a permit for a supporting event may be issued at any time upon written application, including during the special event. Parking on private property does not require a special event permit.  Any person or organization providing parking on private property during a special event assumes any and all liability associated with such activity.  The City reserves the right to prohibit special event parking on sites deemed to be a public safety hazard or being incompatible with adjacent and surrounding land uses.  

Supplemental events  means events which coincide with a permitted special event, outside of the permitted special event venue, not sponsored by the event organizer, and instead held or sponsored by local businesses, community groups or private individuals or property owners, that are in addition to the permitted special event. Supplemental events shall be permitted and regulated, and shall pay fees, as if they were independent special events not associated with the primary special event. 

Tax-exempt non-profit organization  means an organization that is exempted from payment of income taxes by federal law, has not for profit status under Florida law, and which has been in existence for a minimum of six (6) months preceding the date of application for a special event permit.

Temporary Outdoor Sales means those local businesses who possess a City of Leesburg Business Tax Registration who request to sell goods or services on their own private property or public property outside of their normal place of business on a temporary basis only as defined per Section 25-290 Temporary Uses of the City of Leesburg Code of Ordinances during an approved special event.  The goods and services sold must be items that the applicant is authorized to sell per their business tax registration issued by the City of Leesburg and the goods and services being sold are items ordinarily offered by the business outside the period of the special event unless otherwise approved by the event organizer in writing, the city in writing or there is an agreed upon contract/agreement with the event organizerFor those applicants requesting a temporary outdoor sales permit on public property during an approved special event (including but not limited to the Leesburg Bikefest and Leesburg Mardi Gras), it must be in cooperation with and approved by the event organizer through a contract/agreement in writing and the city in writing and be subject to such conditions as the city may impose on the use of public property for such purposes.  This section does not include the extension of premises (alcohol) provision. 

Vendor  means any person who sells or offers to sell, any goods, food, or beverages, or any other items or services, within a special event venue, but shall exclude businesses holding a current business tax receipt to operate a permanent business within the venue, as long as the business restricts its activities during the special event to the interior of the regularly operated store, obtains a temporary outdoor sales permit or obtains an extension of premises permit (only for those businesses who possess a valid alcohol license issued by the State of Florida), and conducts only the type of business authorized by the business tax receipt issued to it and carried on throughout the rest of the year outside the period of the special event unless otherwise approved by the event organizer in writing, the city in writing or there is an agreed upon contract/agreement with the event organizer.

(Ord. No. 08-100, § 1(a), 11-10-08)

 

Sec. 26-2.  Special event permit required.

(a)      Except as provided in this chapter, for any person to conduct, promote, manage, aid, or

       solicit attendance at a special event, the person shall obtain a special event permit from the  

       city manager or designee.

(b)      The city manager or designee is authorized to issue permits for special events occurring

within the city limits of the city pursuant to the procedures established in this chapter. The city manager or designee is authorized to determine the special event venue. The city manager or designee shall set reasonable boundaries for the special event venue, balancing the special event requirements and public health, safety, and welfare. The city manager or designee is authorized to coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs and to issue a special event permit contingent upon the concurrence of other public agencies involved. The special event venue for all major special events with an expected attendance level of 30,000 participants or more shall be established or amended by resolution by the city commission. No more than one (1) special event permit shall be issued for the same special event venue on the same date(s), provided however that this prohibition against multiple special event permits shall not apply to any church, synagogue or other house of worship duly operating as such in compliance with the city land development regulations, conducting a second special event on the same date, on the property where it is authorized to operate as a church, synagogue or other house of worship by the land development regulations, so long as the second special event does not involve the sale or distribution of alcoholic beverages or non-religious merchandise.

(c)      Notwithstanding the prohibition against multiple special event permits in subsection (b) of

this section, a special event permit may be requested for multiple applicants within a single special event venue on the same date(s), if the event organizer for the primary special event presents to the city a comprehensive plan on behalf of the secondary special event(s) which addresses among other things the following with respect to the combined impacts of all the concurrent special events: (i) police and fire protection, emergency services, garbage and trash collection and disposal, sanitation and rest room facilities, and the manner in which the primary and secondary special events will share or allocate the costs for these and other services required to conduct the special events simultaneously.

(Ord. No. 08-100, § 1(b), 11-10-08)

 

Sec. 26-3.  Exceptions to special event permit requirement.

The following activities are exempt from the special event permit requirement:

(1)   Funerals and funeral processions conducted by a licensed mortuary.

(2)   Activities conducted by governmental agency acting within the scope of its authority.

(3)   Lawful picketing on sidewalks.

(4)   Demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics or

       equipment (other than sound equipment), provided that:

a.       No fee or donation is charged or required as a condition of participation in or attendance at such demonstration; and

b.      The chief of police is notified at least thirty-six (36) hours in advance of the commencement of the demonstration.

(5)    Film-making activities conducted under the aegis of any organization or agency of the State

of Florida, Lake County, the City of Leesburg, or other governmental agency, or successor agency, having responsibility for the promotion of or coordination of motion picture or television activities, when provisions for cost recovery for city support services have been made.

(6)   Events on private property which meet the definitions of "special event" shall be considered

to be special events only if five hundred (500) or more people participating in the event will occupy adjacent streets or public property during the event. As used herein the term "occupy adjacent streets" shall not include the normal passage by vehicle or pedestrian for the sole purpose of traveling to and from the special event, nor the parking of vehicles in lawfully designated spaces along any street.

(7)   Although not required to get a special event permit, an event organizer of an activity

exempted by this subsection is required to comply with general regulations governing public safety or health.

(Ord. No. 08-100, § 1(c), 11-10-08)


Sec. 26-4.  Permit fee; payment required.

The applicant for any special event shall, at the time of making application, pay to the city a permit fee for each type or class of permit application. The permit fee shall be used to defray the costs related to the issuance of such permit and shall be in addition to such further and additional special event fees as may be imposed pursuant to this chapter. Permit fees shall be established and amended by resolution of the city commission.

 

Sec. 26-4.1. Public Notice

Public notice of each application seeking a permit for a major event shall be given by publication of a legal notice once a week for two (2) consecutive weeks, in a newspaper of general circulation within the city, setting forth the name of the event organizer, a brief description of the major event, and the name, mailing address and telephone number of a person designated by the city manager to whom public comments on the permit may be directed, along with a deadline for submitting such comments which shall be no more than ninety (90) thirty 30 days and no less than forty-five (45)  five (5) days prior to the scheduled date of the major event.  The publication of the legal notice must be no more than forty five (45) days and no less than seven (7) days prior to the scheduled date of the major event.  In addition to any other fees and expenses paid by the event organizer under this chapter, the event organizer shall also pay the actual costs incurred by the city in the publication of this notice.

(Ord. No. 08-100, § 1(d), 11-10-08)

 

Sec. 26-5.  Issuance of a special event permit does not obligate city services.

(a)      Issuance of a special event permit does not obligate or require the city manager to provide city services, equipment or personnel in support of an event.

(b)      Subject to approval of the city commission, the city manager or designee may provide city

services, equipment, or personnel for commercial special events. Approval of the city commission is not required for the city manager to provide city services, equipment, or personnel for a commercial special event, if the city manager or designee makes provisions with the event organizer for cost recovery from the event.

(c)      Without city commission authorization, the city manager or designee may provide city

services, equipment or personnel in direct support of a non-commercial special event, if the cost to the city does not exceed five thousand dollars ($5,000.00) for the entire event, if the cost is within budget limitations, and if the city manager or designee finds that a public purpose will be served. The city manager or designee may find that a public purpose is served if all four (4) of the following factors are met:

(1)      The event is organized and conducted by a tax-exempt non-profit organization which

        operates from or provides services within the city;

(2)      The event includes participation by the general public (notwithstanding an admission or

participation fee);

(3)      Provision of city services will result in improved crowd or event control and general public

safety; and

(4)      The event organizer agrees to reimburse the city for the cost of city services exceeding five

thousand dollars ($5,000.00).

(Ord. No. 08-100, § 1(e), 11-10-08)


Sec. 26-6.  Priority of special event permit issuance.

(a)      Except for events sponsored by the city, and wherever possible, priority shall be given for

       the issuance of a special event permit to local tax-exempt non-profit organizations operating

      in and providing services to the citizens of the city. The city manager or designee may

       establish a policy that gives priority to regularly recurring special events sponsored by local 

      organizations.

(b)      Annual recurring events with a multi-year history of active participation shall be given first

priority over newer events should a scheduling conflict arise.

(Ord. No. 08-100, § 1(f), 11-10-08)


Sec. 26-7.  Use of city seal or name.

(a)      The city manager or designee is authorized to issue a special event permit for any event

       whose title or theme will use the city seal or the words "The City of Leesburg," "City of

        Leesburg," or any similar combination or facsimile that would reasonably imply an official 

       endorsement of the event by the city.

(b)      Prior authorization from the city manager or designee is required for an event organizer to

use the words "The City of Leesburg" or "City of Leesburg," or a facsimile of the seal of the City of Leesburg, in the title of a special event. Notwithstanding any implication of official city sponsorship, endorsement or participation arising from use of the city's name or seal, no such authorization by the city manager or designee shall be construed or implied by any person as an indication that the event is in any way sanctioned or sponsored by the city unless the city commission has authorized the sanctioning or sponsorship of the special event.

(Ord. No. 08-100, § 1(g), 11-10-08)


Sec. 26-8.  Time for filing application for special event permit.

(a)      Except for special events at venetian gardens or other city owned or operated parks, an

       application for a special event permit for a major event shall be filed with the city manager

       or designee not less than one hundred twenty (120) calendar days, nor more than two (2)

       years, before the time when it is proposed to conduct the special event, with all backup

       material submitted no later than ninety (90) days prior to the special event.

(b)      Except for special events at Venetian Gardens or other city owned or operated parks, an

application for a special event permit for an intermediate event shall be filed with the city manager or designee not less than ninety (90) calendar days before the time when it is proposed to conduct the special event, with all backup material submitted no later than forty five (45) days prior to the special event.

(c)      Except for special events at Venetian Gardens or other city owned or operated parks, an .

application for a special event permit for a minor event shall be filed with the city manager or designee not less than forty five (45) calendar days before the time when it is proposed to conduct the special event, with all backup material submitted no later than thirty (30) days prior to the special event.

(d)      Applications for special events at city public parks shall be submitted in accordance with the

time limits and procedures established by the parks and recreation department for such facilities.

(Ord. No. 08-100, § 1(h), 11-10-08)

 

(e)     An applicant may request a waiver of the special event application deadline in writing. The city manager or designee will determine each request on a case by case basis.  The city manager or designee may waive a special event application deadline based on one or more of the following criteria:

1.      The applicant missed the application deadline through excusable neglect.

2.      The special event is in response to a natural or man made disaster.

3.      The special event will have a tangible beneficial economic impact on local businesses (other than the event organizer) and delay of the event would not be in the best interest of the City of Leesburg.

 

Sec. 26-9.  When application for special event permit is deemed complete.

An application for a special event permit is deemed completed when the applicant has provided all of the information required by this chapter, including any additional information required by the city manager or designee, the application fees have been paid in full, and the application has been approved by any city department designated by the city manager or designee.

(Ord. No. 08-100, § 1(i), 11-10-08)


Sec. 26-10.  Date of special event not confirmed until permit issued.

Notwithstanding the city manager or designee's acceptance of a completed application, no date shall be considered confirmed until a special event permit is issued.

(Ord. No. 08-100, § 1(j), 11-10-08)


Sec. 26-11.  Content of special event permit application.

The application for a special event permit must include the following:

(1)   The name, address and telephone number of the applicant;

(2)   A certification that the applicant will be financially responsible for any city fees or costs that

        may be imposed for the event;

(3)    The name, address, and telephone number, and e-mail address of the event organizer, if any,

and the chief officer of the event organizer, if any; and

(4)    If the special event is designed to be held by, on behalf of, or for any organization other than

the applicant, the applicant for the special event permit shall file a written communication from such organization:

a.   Authorizing the applicant to apply for the special event permit on its behalf; and

b.   Certifying that the applicant will be financially responsible for any costs or fees that may

      be imposed for the event;

(5)    A copy of the approval documents for non-profit status and the tax exemption letter issued

 for any applicant claiming to be a tax-exempt non-profit organization;

(6)   A statement of the purpose of the special event;

(7)   A statement of fees to be charged for the special event;

(8)   The proposed location for the special event;

(9)   The date and times when the special event is to be conducted;

(10)  The approximate times when assembly for, and disbanding of, the special event is to take

         place;

(11)   The proposed locations of the assembly or production area;

(12)   The specific proposed site or route, including a map and written narrative of the route;

(13)   The proposed site of any reviewing stands;

(14)   The proposed site for any disbanding area;

(15)   Proposed alternate routes, sites or times, where applicable;

(16)   Proposed emergency access routes within the proposed event area;

(17)   The approximate number of persons, animals or vehicles that will constitute the special

          event;

(18)   The kinds of animals anticipated to be part of the special event;

(19)   A description of the types of vehicles to be used in the special event;

(20)   The number of bands or other musical units and the nature of any equipment to be used to

          produce sounds or noise;

(21)   The number and location of portable sanitation facilities;

(22)   Other equipment or services necessary to conduct the event with due regard for participant

         and public health and safety;

(23)   The number of persons proposed or required to monitor or facilitate the special event and

          provide spectator or participant control and direction for events using city streets,

          sidewalks, or facilities;

(24)   Provisions for first aid or emergency medical services, or both, based on event risk factors;

(25)   Insurance and surety bond information;

(26)   Any special or unusual requirements that may be imposed or created by virtue of the

          proposed event activity;

(27)   A plan for the sale and consumption of alcoholic beverages in accordance with the

          requirements of Chapter 5 of this Code; and

(28)   Any other information required by the city manager or designee.

(Ord. No. 08-100, § 1(k), 11-10-08)


Sec. 26-12.  Issuance of a special event permit--Conditions.

The city manager or designee may issue a special event permit, when all of the applicable conditions listed in this chapter are met.

(1)      The event will not substantially interrupt the safe and orderly movement of aerial or marine

        navigation.

(2)      The event will not substantially interrupt public transportation or other vehicular and

pedestrian traffic excepting only the closure of streets as approved by the city manager or designee during the permitting process for the special event.

(3)      The event will not cause an irresolvable conflict with construction or development in the

public right-of-way or at a public facility.

(4)      The event will not require the diversion of an unreasonable number of police employees

from their normal duties, thereby preventing reasonable police protection to the remainder of the city.

(5)      The concentration of persons, animals or vehicles will not unduly interfere with the

movement of police, fire, ambulance, and other emergency vehicles on the streets.

(6)      The event will move from its assembly location to its disbanding location expeditiously and

without stopping enroute.

(7)      For parades or moving demonstrations, the event will not substantially interfere with any

other special event or demonstration for which a permit has already been granted or with the provision of city services in support of other scheduled events or unscheduled governmental functions such as visits of chiefs of state.

(8)      If the event is a marathon, it will not occur within thirty (30) business days of another

marathon.

(Ord. No. 08-100, § 1(l), 11-10-08)


Sec. 26-13.  Reasons for denial of a special event permit.

The city manager or designee may deny a special event permit to an applicant who has not:

(1)   Provided sufficient monitors for crowd control and safety;

(2)   Provided sufficient safety, health or sanitation equipment, services or facilities that are

        reasonably necessary to ensure that the event will be conducted with due regard for safety;

(3)     Provided sufficient off-site parking or shuttle service, or both, when required to minimize

any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event; or

(4)   Met all of the requirements for submitting an application for a special event permit.

(5)   The city manager or designee may deny a special event permit if in the city manager or

       designee's opinion:

a.       The event will create the imminent possibility of violent disorderly conduct likely to

      endanger public safety or to result in significant property damage;

b.   The event will violate public health or safety laws;

c.   The event fails to conform to the requirements of law or duly established city

      commission policy;

d.      The applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this chapter;

e.       The applicant has failed to conduct a previously authorized or exempted special event in accordance with law or the terms of a permit, or both;

f.        The event will require the exclusive use of beach or park areas during any period from Memorial Day through Labor Day in a manner which will adversely impact upon the reasonable use or access to those areas by the general public;

g.       The applicant has not obtained the approval of any other public agency within whose

jurisdiction the special event or portion thereof will occur; or

h.      The applicant has failed to provide an adequate first aid or emergency medical services plan

based on event risk factors.

(6)   The city manager or designee may deny a special event permit to an applicant who has

failed to comply with any term of this chapter, or with any condition of a special event permit previously issued to the applicant.

(Ord. No. 08-100, § 1(m), 11-10-08)

 

 

 

Sec. 26-14.  Denial of a special event permit application; appeals from denial.

(a)   If the city manager or designee denies the application for the special event permit pursuant to this chapter, he or she shall notify the applicant in writing within fifteen (15) business days of the decision.

(b)   The denial of a special event permit may be appealed to the city commission.

(c)   An appeal shall be made in writing within ten (10) business days of the date of the written denial. An appeal is made by filing a written petition with the city clerk setting forth the grounds for appeal, and/or citing the section of the ordinance, or the provision of statutory law, or the principle of case law, the appellant feels was violated in the denial of, or conditions imposed on, the application. The city commission shall hear the appeal at its next regularly scheduled meeting following the submission.

(d)   The decision of the city commission to grant or deny that appeal shall constitute the exhaustion of the applicant's administrative remedy.

(Ord. No. 08-100, § 1(n), 11-10-08)


Sec. 26-15.  Display of special event permit required.

A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the city manager or designee applicable to the particular event and shall be exhibited upon demand of any city official.

(Ord. No. 08-100, § 1(o), 11-10-08)


Sec. 26-16.  Contents of special event permit.

A special event permit may contain the following information or conditions:

(1)       The location of the special event venue, which shall be identified by a map attached to the

        special event permit;

(2)   The date, assembly area, time for assembly and starting time of the special event;

(3)   The specific route plan to the special event;

(4)   The minimum and maximum speeds of the special event;

(5)   The number and types of persons, animals and vehicles, the number of bands, other musical

        units and equipment capable of producing sound, if any, and limitations thereon pertaining

        to noise abatement;

(6)   The maximum interval of space to be maintained between booths or other structures to be

        used for the special event;

(7)    The portion of the street and sidewalk that is to be occupied by the event and the location of

        reviewing or audience stands, if any;

(8)    The number and location of traffic controllers, monitors, other support personnel and

 equipment and barricades to be furnished by the special event organizer;

(9)   The area and time for disbanding;

(10)   Conditions or restrictions on the use of alcoholic beverages and authorization for and

        conditions of the exclusive control or regulation of vendors and related sales activity by the

        event organizer during the special event;

(11)   Provisions for any required emergency medical services; and

(12)   Such other information and conditions as are reasonably necessary for the conduct of the

         special event and the enforcement of this chapter, including the requirement for the on-site

         presence of the event organizer or its designated representative for all event coordination

         and management purposes.

(13)   As a condition of the issuance of a special event permit, the applicant shall be required to

         make adequate provisions for cleaning-up the area or route of the event both during and

         upon completion of the event and to return the area or route to the same condition of

         material preservation and cleanliness as existed prior to the event.

(Ord. No. 08-100, § 1(p), 11-10-08)


Sec. 26-17.  City manager's action on special event permit application.

(a)       Except as provided in this chapter the city manager or designee shall take final action upon

        completed application for a special event permit within fifteen (15) business days from

        receiving a completed application, unless this period conflicts with restrictions contained in

        this section.

(b)      The city manager or designee is not required to take final action on an incomplete or

untimely special event permit application.

(c)      The city manager or designee is not required to process more than one (1) application for a

special event permit per applicant during any two-week period.

(d)      the city manager or designee is not required to take final action upon two (2) or more special

event permit applications submitted by the same applicant unless two (2) or more weeks shall have elapsed between the respective dates of submission of each.

(e)      Final action on a completed special event permit application shall consist of one (1) of the

following:

(1)   Issuance of a special event permit in accordance with the terms of the application;

(2)   Issuance of a special event permit in accordance with the terms of the application, as

       modified by mutual agreement between the city manager or designee and the applicant; or

(3)   Denial of the special event permit application by the city manager or designee.

(Ord. No. 08-100, § 1(q), 11-10-08)


Sec. 26-18.  Insurance required to conduct special event.

(a)      The event organizer of a special event must possess or obtain comprehensive general

liability insurance to protect the city against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name the City of Leesburg, its officers, employees, and agents and, as required, any other public entity involved in the event, as additional insured. Insurance coverage must be maintained for the duration of the event. Notice of cancellation shall be provided immediately to the city.

(b)      Comprehensive general liability insurance coverage shall be required and shall be in a

combined single limit of at least one million dollars ($1,000,000.00).

(c)      If the special event is of a demonstrated high or low risk category, according to recognized

insurance and risk management standards, the city manager or designee may authorize a greater or lesser amount of coverage than required by this section or may require a particular type of insurance coverage different from that specified in this section.

(d)      The insurance required by this section shall encompass all liability insurance requirements

imposed for other permits required under other sections of this Code and is to be provided for the benefit of the city and not as a duty, express or implied, to provide insurance protection for spectators or participants.

(e)      Proof of the event organizer's required insurance(s) shall be provided in the form of a

certificate of insurance from an insurer licensed in Florida having a rating of A or better from A.M. Best., and shall be filed with the city manager or designee at least sixty (60) business days before the event, unless the city manager or designee for good cause modifies the filing requirements.

(Ord. No. 08-100, § 1(r), 11-10-08)



 

Sec. 26-19.  Waiver of insurance requirements.

Except for special events where the sale of alcoholic beverages is authorized or for traffic control permits issued in conjunction with a special event the insurance requirements of this section may be waived by the city manager. In making the determination of whether to waive insurance, the city manager or designee shall consider the following factors:

(1)   Whether the special event is expressive activity protected by the First Amendment;

(2)   Whether the applicant or an officer of the sponsoring organization of a non-athletic event

        has filed a verified statement that he or she believes the event's purpose is First Amendment

        expression;

(2)      Whether the applicant or officer of the sponsoring organization has determined that the cost

of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression;

(4)   Whether it is objectively impossible to obtain insurance coverage;

(5)   Whether the event will involve the use of equipment (other than sound equipment), vehicles,

        animals, fireworks or pyrotechnics; or

(5)      Whether a fee or donation is charged or required as a condition of admission or participation

in the event.

a.       The statement required by this section shall include the name and address of one (1)

 insurance broker or other source for insurance coverage contacted to determine premium     rates for coverage.

b.       To claim that it is objectively impossible to obtain insurance coverage pursuant to this

section, the applicant shall submit a statement from at least two (2) independent licensed insurance brokers demonstrating the insurance is unavailable in the market place.

c.        Even though insurance is waived, the city manager or designee may require the event

organizer of a special event to defend, indemnify and hold harmless the city from any claim or liability arising from the event.

(Ord. No. 08-100, § 1(s), 11-10-08)


Sec. 26-20.  Faithful payment and performance bonds.

The applicant shall deliver to the city manager or designee, within ten (10) business days after conditional approval of a special event application as provided in this chapter, a faithful payment and performance bond or irrevocable, direct pay, evergreen letter of credit (that may be drawn by facsimile presentation) in an amount equal to the remaining costs of providing city personnel as specified in this chapter, after the required payment has been made, which bond or irrevocable letter or credit shall be released if no claims are made against it no later than fifteen (15) business days from the last date of the special event. Such bond or irrevocable letter of credit shall be conditioned upon the applicant faithfully observing, fulfilling and performing all obligations under the application, contract and provisions of this chapter, and shall be in a form approved by the office of the city attorney and the risk manager according to the standards set forth in this section. The purpose of such bond or irrevocable letter of credit is to insulate the city from financial loss because the city allowed special events to occur.

(Ord. No. 08-100, § 1(t), 11-10-08)


Sec. 26-21.  Payment for city personnel, materials and services.

In addition to the requirements in the chapter, the applicant shall pay the city via immediately available funds by cashier's check, certified check, wire transfer or money order, within ten (10) business days after conditional approval, fifty (50) percent of the total costs for the city personnel, materials and services required by this chapter. The balance due shall be paid to the city in same manner, by no later than fifteen (15) business days following the conclusion of the special event. If the applicant is unable to obtain the bond or irrevocable letter of credit required by this chapter, then the applicant must pay in advance in immediately available funds by cashier's check, wire transfer, certified check or money order, within ten (10) business days after conditional approval, the total costs for city personnel, materials and services required by this chapter.

(Ord. No. 08-100, § 1(u), 11-10-08)


Sec. 26-22.  Revocation of special event permit.

(a)   Any special event permit issued pursuant to this chapter is subject to revocation.

(b)   A special event permit may be revoked if the city manager or designee determines that:

(1)   The event cannot be conducted without violating the standards or conditions for special

        event permit issuance;

(2)   The event is being conducted in violation of any condition of the special event permit;

(3)   The event poses a threat to health or safety;

(4)   The event organizer or any person associated with the event has failed to obtain any other

        permit required pursuant to this Code; or

(5)   The special event permit was issued in error or contrary to law.

(c)   Except as provided in this chapter, notices of revocation shall be in writing and specifically

       set forth the reasons for the revocation.

(d)   If there is an emergency requiring immediate revocation of a special event permit, the city

       manager or designee may notify the permit holder verbally of the revocation.

(e)   An appeal from a revocation shall be handled in the same manner and under the same time

       requirements as denials of special event permits.

(1)      In the event that a special event permit is denied or revoked and the event is scheduled to

       occur prior to the next regularly scheduled meeting of the city commission, the mayor shall  

       convene a special emergency meeting of the city commission to hear the appeal and render a

       decision on the matter.

(Ord. No. 08-100, § 1(v), 11-10-08)


Sec. 26-23.  Cost recovery for special events.

Except as otherwise provided in this chapter, or when funded or waived by city commission resolution, or within the city manager's authority in this chapter, for any special event the city manager or designee shall charge for the actual cost of:

(1)      The salaries of city personnel involved in permit processing, event traffic control, fire

       safety, event security, or other facility or event support; and

(2)  The use of city equipment and other non-personnel expense.

a.   The city manager or designee shall require payment of fees required pursuant to this chapter

      or a reasonable estimate thereof, at the time the completed application is approved.

b.      If the event organizer fails to comply with this chapter, the event organizer will be billed for

actual city costs for clean-up and repair of the area or route occasioned by the event. If the event organizer failed to comply with this chapter under a previously issued special event permit, the city manager or designee may require the event organizer to deposit adequate surety in the form of cash or bond.

(3)  Fees for city equipment, facilities and other charges, except for salaries of city personnel,

       shall be established or amended by resolution of the city commission.

 

Sec. 26-23.1  Cost recovery for the event organizer

(1)  Those local businesses who apply for and are granted an extension of premises by both the

       State of Florida and the City of Leesburg for an approved major special event (including but

not limited to Leesburg Bikefest and Leesburg Mardi Gras) shall pay a per square foot (tent/vendor area) cost recovery fee to the event organizer to contribute to the event organizer’s costs for the special event unless there is an otherwise agreed upon contract/agreement with the event organizer100 % of the cost recovery fee must be paid directly to the event organizer 48 hours prior to the start date of the special event.  In the instance, the cost recovery fee is not paid prior to the special event, the city’s approval of the extension of premises may be revoked.  The amount of the per square foot (tent/vendor area) fee will be determined by the city commission.

(2)  Those local businesses who apply for and are granted a temporary outdoor sales permit by

       the city for an approved major event (including but not limited to Leesburg Bikefest and

       Leesburg Mardi Gras) shall pay a per square foot (tent/vendor area) cost recovery fee to

the event organizer to contribute to the event organizer’s costs for the special event unless there is an otherwise agreed upon contract/agreement with the event organizer100 % of the cost recovery fee must be paid directly to the event organizer 48 hours prior to the start date of the special event.  In the instance, the cost recovery fee is not paid prior to the special event, the city’s approval of the temporary outdoor sales permit may be revoked.  The amount of the per square foot (tent/vendor area) fee will be determined by the City Commission.

 (Ord. No. 08-100, § 1(w), 11-10-08)

 

Sec. 26-24.  Effect of receipt of donations on status of tax-exempt non-profit.

A tax-exempt non-profit organization sponsoring an event may acknowledge the receipt of cash or in-kind services or goods, donations, prizes or other consideration from for-profit organizations without causing the event to be considered a commercial special event. Such acknowledgment may include use of the name, trademark, service mark or logo of such a for-profit organization in the name or title of the event or the prominent appearance of the same in advertising or on collateral material associated with the event.

(Ord. No. 08-100, § 1(x), 11-10-08)


Sec. 26-25.  Audits and accounting procedure.

(a)   Upon the request of the city manager, an event organizer of a non-commercial special event

       shall provide a final financial statement audited by a certified public accountant no later than   

       thirty (30) business days after the request.

(b)   The city manager or designee is authorized to make determinations as to the commercial

 

       status of an event and, with the advice and assistance of the finance director, or designee, to

       promulgate additional standards and procedures for cost accounting to implement this

       section.

(c)      At any time during normal business hours, and as often as the city manager or city auditor

and finance director deems necessary, all data and records pertaining to the event shall be made available to the city for examination at reasonable locations within the city. The city will be allowed to audit, examine, and make excerpts or transcripts from the records. The records shall be retained for a period of not less than three (3) years following the event unless the city agrees to an earlier disposition.

(Ord. No. 08-100, § 1(y), 11-10-08)


Sec. 26-26.  Delegation of city manager's authority.

The city manager may delegate any or all of the functions under this chapter to his or her deputies or subordinates.

(Ord. No. 08-100, § 1(z), 11-10-08)


Sec. 26-27.  City manager authorized to adopt rules and regulations.

The city manager or designee is authorized to promulgate additional rules and regulations that are consistent with and that further the terms and requirements set forth within this chapter and the provisions of law that pertain to the conduct and operation of a special event or demonstration. Such rules shall be promulgated in written form and available to the public as required under Florida law, and approved by resolution of the city commission.

(Ord. No. 08-100, § 1(aa), 11-10-08)


Sec. 26-28.  Enforcement authority.

The city manager or designee is authorized to administer and enforce the provisions of this chapter. The city manager or designee and the designated enforcement officials may exercise any enforcement powers as set forth in this chapter.

(Ord. No. 08-100, § 1(bb), 11-10-08)

 

Sec. 26-29.  Authorized special event vendors.

(a)      The issuance of a special event permit confers upon the permit holder or event organizer the right to control and regulate the sale of goods, food and beverages within the special event venue in accordance with the terms and conditions of the special event permit.

(b)      Vendors authorized to sell goods, food, or beverages in the special event venue shall display

(c)      their authorization prominently, so it is visible from the front of the vendor's tent, booth or other structure out of which the vendor operates, in the manner required by the city manager or designee. Only vendors displaying the required authorization shall be allowed to sell goods, food, or beverages in the special event venue.

(Ord. No. 08-100, § 1(cc), 11-10-08)


Sec. 26-30.  Unlawful to conduct or promote attendance at special event without permit.

(a)      It is unlawful to conduct a special event without a special event permit as required pursuant

to this chapter.

(b)      It is unlawful for any person to conduct or manage any special event for which a special

event permit has not been issued.

(Ord. No. 08-100, § 1(dd), 11-10-08)


Sec. 26-31.  Other permits and licenses.

(a)      The issuance of a special event permit does not relieve any person from the obligation to

obtain any other permit or license required pursuant to federal, state or local laws.

(b)      The issuance of any other permit or license issued pursuant to this Code does not relieve any

person from the obligation to obtain a special event permit pursuant to this chapter.

(Ord. No. 08-100, § 1(ee), 11-10-08)


Sec. 26-32.  Unlawful to sell goods in special event venue without authorization.

It is unlawful for any person to sell, resell, or offer to sell or resell, any goods, food or beverages in a special event venue, except:

(1)   From any building licensed for that purpose;

(2)   From any tent, booth or temporary structure expressly authorized pursuant to a special event

        permit;

(d)      As authorized pursuant to a conditional use permit pursuant to the city land development

code; or

(e)      Businesses holding a current business tax receipt to operate a permanent business within the

special event venue, as long as the business restricts their sales during the special event to the interior of their store, obtains a temporary outdoor sales permit or obtains an extension of premises permit (only for those businesses who possess a valid alcohol license issued by the State of Florida)  and offers only goods or services authorized by the their business tax receipt and ordinarily offered by the business outside the period of the special event unless otherwise approved by the event organizer in writing, the city in writing or there is an agreed upon contract/agreement with the event organizer.

(Ord. No. 08-100, § 1(ff), 11-10-08)


Sec. 26-33.  Unlawful selling of tickets to special event within special event venue.

It is unlawful for any person to sell for profit, or offer to sell for profit, any ticket of admission to a special event within a special event venue, except:

(1)      From any ticket office, booth, or other similar place established and maintained for the

purpose of selling tickets; and

(2)      With the express authorization of the city manager or designee pursuant to a special event

permit.

(Ord. No. 08-100, § 1(gg), 11-10-08)


Sec. 26-34.  Unlawful to display signs in special event venue.

It is unlawful for any person to place, post, paint, erect, display, secure, or maintains any sign or advertising within the special event venue in violation of those provisions of this Code, regulating signs and advertising displays, excluding signs for which permits have been duly issued under the city sign ordinance.

(Ord. No. 08-100, § 1(hh), 11-10-08)


Sec. 26-35.  Unlawful to use city name without authorization.

It is unlawful for any event organizer to use in the title of an event the words "The City of Leesburg" or "City of Leesburg," or a facsimile of the seal, symbol or logo of the City of Leesburg, without the city's authorization.

(Ord. No. 08-100, § 1(ii), 11-10-08)


Sec. 26-36.  Unlawful to interfere with special event or demonstration.

It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a demonstration or an event for which a special event permit has been issued.

(Ord. No. 08-100, § 1(jj), 11-10-08)

 

Sec. 26-37.  Penalties.

It is unlawful to do any of the following:

(1)   Conduct, stage, or promote a special event without a permit.

(2)   Knowingly make a false estimate pursuant to this chapter.

(3)   Violate any provision of this chapter.

Each violation of this chapter or the permit shall constitute a separate and independent offense and shall be punishable as such. All violations shall be prosecuted under section 1-14 of this Code of Ordinances, as it may hereafter be amended. In any proceeding to enforce this chapter, the city shall be entitled to recover an award of costs from the violator, if found guilty, equal to the investigative costs incurred by the city and the court costs and attorneys' fees incurred by the city in the course of the prosecution, and such award shall be in addition to any penal fines or other punishment levied. (Section 1-14 provides for a five hundred dollar ($500.00) fine, sixty (60) days in jail or both.)

(Ord. No. 08-100, § 1(kk), 11-10-08)


Sec. 26-38.  Cost recovery for unlawful special event.

Whenever a special event is conducted without a special event permit where one is required, or an event is conducted in violation of the terms of an issued special event permit, the event organizer shall be responsible for, and the city manager or designee shall charge the event organizer for, all city costs incurred for personnel and equipment, for a public safety response caused or necessitated by the adverse impacts of the event, and/or the violation of the special event permit, upon public safety.

(Ord. No. 08-100, § 1(ll), 11-10-08)

 

Sec. 26-39.  Exemption.

Sections related to attendance shall not apply to a special event if:

(1)      The promoter files an affidavit that his or her best estimate of probable attendance and

number of participants at the special event is less than five hundred (500) persons; and

(2)      The chief of police concurs in the estimate in writing and issues to the promoter an

        exemption letter.

Each attendance and participants estimate by the promoter and by the chief shall be accompanied by a written statement of the basis for the estimate. Each estimate shall be based upon all the relevant factors known at the time, including, without limitation, past attendance at similar functions having the same and similar performers, both in Leesburg and comparable communities, the price of admission and the extent of advertising and promotion contemplated. The chief shall accept the promoter's affidavit unless it clearly appears to the chief from the written statements that the estimate is understated by a factor of at least ten (10) percent.

(Ord. No. 08-100, § 1(mm), 11-10-08)


Sec. 26-40.  Public safety at special events.

The following requirements for public safety will be observed at all special events:

(1)      The city police department shall be the primary provider of personal safety and property

        security at special events in accordance with the attendance and participation standards in 

        this chapter. If the promoter of a special event wishes to use private sector entities for

        personal safety or property security, at special events, such entities will be supplemental or

        in addition to the services provided by the police department.

(2)      Fire protection services shall be provided by the city fire department. Emergency medical

services, including transportation, for city sponsored or co-sponsored special events shall be coordinated by the city fire department pursuant to the fire chief's determination under this chapter, and in accordance with the attendance and participation standards in this chapter. Emergency medical services for non-city sponsored special events shall be coordinated by the city fire department. All providers of emergency medical services at special events or other events required to have emergency medical services, pursuant to this chapter, must have a certificate issued under F.A.C. 64-E2, and must be licensed by the State of Florida under F.S. ch. 401, and any medical services must be furnished under supervision of a medical director, pursuant to F.S. ch. 401. In the event that the fire department determines that it is unable to provide any aspect of emergency medical services, including transportation, such services may be provided by properly licensed and certificated private sector entities.

(3)      For any special event at which attendance is expected to exceed fifty thousand (50,000),

separate and apart from the requirements contained in this chapter, or elsewhere, the city manager or designee shall develop a written, coordinated incident action plan in conjunction with the police chief, fire chief, the risk manager and the other department directors, or their designees as may be appropriate. The development of this plan shall not be the responsibility of the applicants, promoters or sponsors of the event, and may not be used as a basis or factor in the decision to grant or deny any permit for the event.

(Ord. No. 08-100, § 1(nn), 11-10-08)


Sec. 26-41.  Attendance and participant standards for public safety--Emergency medical personnel.

(a)      Applicants, promoters or sponsors of special events or other events required to have

emergency medical services, including transportation, as specified in this chapter, shall coordinate with the city fire department to arrange for emergency medical services, including transportation, based upon projected attendees and participants.

(b)   The fire chief or designee shall develop a written incident management plan for each event

        that sets out the requirements for providing emergency medical services, based on the 

        projected attendance estimates and the characteristics of the event. The plan shall use

        known statistical information of similar events, and apply the professional best practices to

        determine staffing requirements for the event. The plan shall be submitted to the city

        manager or designee forty-five (45) days in advance of the event and must be approved by

        the city manager or designee to be enforceable and chargeable to the promoters or sponsors

        of the event.

(Ord. No. 08-100, § 1(oo), 11-10-08)


Sec. 26-42.  Same--Personal security and property safety personnel.

(a)   Applicants, promoters or sponsors at special events or other events required to have personal safety and property security under this chapter, shall arrange for city police personnel or their designees.

(b)   The police chief or designee shall develop a written incident management plan for each event that sets out the requirements for providing public safety services, based on the projected attendance estimates and the characteristics of the event. The plan shall use known statistical information of similar events, and apply the professional best practices to determine staffing requirements for the event. The plan shall be submitted to the city manager or designee forty-five (45) days in advance of the event and must be approved by the city manager or designee to be enforceable and chargeable to the promoters or sponsors of the event.

(Ord. No. 08-100, § 1(pp), 11-10-08)

 

Sec. 26-43.  Costs for public safety personnel at special events.

The costs for provision of city police and fire department personnel at special events and at other events required to have such services under this chapter, shall be the current regular prevailing hourly rates pursuant to collective bargaining agreements, personnel rules and regulations and procedures, and other established city employee pay schedules. Costs for operating specialized equipment (i.e. golf carts, atv's, boats, etc.) required for the provision of public safety services for the special event, as determined by the city police and fire departments, shall be the responsibility of the applicants, promoters and sponsors.

(Ord. No. 08-100, § 1(qq), 11-10-08)


Sec. 26-44.  Standards for sanitary facilities, events set up, maintenance and clean up costs.

(a)   Sanitary facilities, in the form of portable toilets, shall be provided by applicants, promoters or sponsors of special events to supplement the available facilities at any given venue in light of the projected number of attendees and participants, based upon consultation with the city community development department as to the total number of facilities necessary to comply with the Lake County Health Department's portable restroom requirements for special events standards, and existing health laws and sanitation and plumbing codes and standards; provided that there shall be at least one (1) portable restroom for each two hundred fifty (250) persons expected to be in attendance. (Reference § 64E-6.0101 FAC as it may be changed, modified or amended.)

(b)   The applicant, promoter or sponsor shall be responsible for costs the city incurs for personnel necessary for set up for the event, maintenance during and clean up after the event in accordance with then prevailing regular rates established under the applicable collective bargaining agreements, personnel rules and regulations, and other established city employee pay schedules.

(Ord. No. 08-100, § 1(rr), 11-10-08)


Sec. 26-45.  Limited exceptions to attendance standards.

(a)   A special event may be required to have more public safety and emergency medical personnel in attendance if extraordinary risk factors including, but not limited to, pyrotechnics, automobile races, air shows, mosh pits or other activities perilous to public health and safety are present at special events according to recognized public safety standards of the city police and fire departments. In such a situation, the police chief and fire chief or their designees, based upon similar audience or attendee actual participation, availability of alcohol for consumption, and other knowledge of similar special events, may increase personnel by up to fifty (50) percent of the required personnel for each attendance category.

(b)   A special event may be allowed to have less public safety and emergency medical personnel in attendance if the special event is of a demonstrated low risk category based upon recognized public safety standards of the city police and fire departments. In such a situation, the police chief and fire chief or their designees, based upon such standards and other knowledge of similar special events, may decrease personnel by up to fifty (50) percent of the required personnel for each attendance category.

(c)   An applicant, sponsor or promoter of a special event may be authorized or required to provide up to fifty (50) percent greater amounts of insurance coverage under this chapter if the special event is of a demonstrated high risk category according to recognized insurance and risk management industry standards. Such reduction or increase shall be determined, and the reasons for any adjustment shall be stated in writing, by the risk manager using such recognized insurance and risk management standards.

(Ord. No. 08-100, § 1(ss), 11-10-08)


Sec. 26-46.  Cost waivers authorized to avoid unreasonable burdens upon protected First Amendment expression; alternative venues for events.

(a)   Except for special events where alcoholic beverages are provided or sold, the city manager or designee is authorized to reduce or waive the insurance and faithful performance bond requirements and the cost requirements for police and emergency medical personnel, and set up, maintenance and clean up of this chapter for a special event if the city manager, upon consultation with the city attorney and the risk manager or their designees, determines that the event is exclusively or primarily for speech or other expressive activity protected by the First Amendment to the United States Constitution, and that the foregoing requirements are unreasonably burdensome or cannot be met due to insolvency or indigence as set forth below.

(b)   The applicants, promoters or sponsors shall file an affidavit stating that it is made under oath and under penalty of perjury and that they believe the special event's purpose is exclusively or primarily for such First Amendment speech or expression purposes, and that they have determined that the cost of obtaining the required insurance and faithful performance bond, or the cost of the deposit or the bond for police, fire, emergency medical protection, and sanitary facilities, set up, maintenance and clean up costs, is so financially burdensome that it would constitute an unreasonable restriction on the right of First Amendment expression, or that it has been or would be impossible due to the insolvency or indigence of the applicants, promoters or sponsors to obtain the required coverage or guarantee or to stage the special event.

(c)   In the event of a claim of insolvency or indigence, the applicants, promoters or sponsors shall complete as part of the affidavit, a listing on a monthly basis of the information about their income, assets, expenses and liabilities contained in a form to be developed by the city manager or designee in consultation with the city attorney, and to be made available to the applicants, promoters or sponsors. Such affidavit shall also include the name and address of at least two (2) state of Florida licensed insurance agents or sureties, or other state's licensed sureties or sources of insurance contacted to determine premium rates for coverage or guarantee. Notwithstanding any waiver or reduction authorized by this section, the applicant, promoter or sponsor of the special event shall be required by contract to defend, indemnify and hold harmless the city from any claim or liability occasioned by the special event in accordance with this chapter. Upon receipt of the affidavit, the city manager or designee shall conduct an examination as expeditiously as possible, but in any event within thirty (30) days, as to the income, assets, expenses, and liabilities listed to the extent practicable from information available as part of the public record to determine if any discrepancies exist. If any discrepancies are found, the applicants, promoters or sponsors shall be so notified within ten (10) business days after the conclusion of the investigation and shall be given an additional ten (10) business days to explain or correct any incorrect information discovered. If the discrepancies are due to inaccurate or incomplete information provided to the city manager or designee in the affidavit, the request for a waiver of costs and bond requirements due to indigence or insolvency shall be denied, in which event all costs and bonds required by this chapter shall be paid and posted, or the event shall not be permitted to proceed.

(d)   Approvals of waivers shall be granted by the city manager or designee within five (5) business days after completion of the financial investigation, unless a discrepancy has been discovered. A waiver may be denied if the city manager or designee determines that:

(1)   Inaccurate or incomplete information was provided;

(2)   There is no undue burden on First Amendment rights; or

(3)   There is no demonstrated insolvency or indigence.

(e)   The city manager or designee shall provide the applicant with written reasons for any denial within five (5) business days after completion of the investigation. The denial may be appealed within five (5) business days after denial, to a committee composed of the finance director, the human resources director, and the city attorney, or their designees, for a final decision by majority vote based upon the documents and circumstances presented. The decision on the appeal shall be rendered within five (5) business days of receiving the appeal. If the city manager's decision is sustained, the denial shall stand. If the city manager's decision is overturned the waiver shall be deemed granted.

(f)   For purposes of this section, an applicant, promoter or sponsor shall be considered insolvent or indigent if the monthly expenses and liabilities disclosed by the affidavit exceed the monthly income and the equity available in any owned assets.

(g)   For purposes of this section, compliance with the costs and bonds requirements of this chapter shall be deemed unduly burdensome and unreasonably restrictive of First Amendment rights of expression if such compliance would impose a severe hardship financially which could foreseeable cause insolvency or indigence to occur within ninety (90) days after compliance.

(h)   In any case where an applicant, promoter, or sponsor cost or bond waiver is granted, the special event shall be allowed to proceed as requested if the other requirements of this chapter are timely met.

(i)   With respect to events that are exclusively or primarily for protected First Amendment expressive activity, a particular venue need not be made available if there are scheduling conflicts or if the city's un-reimbursed costs to make the venue requested available will exceed the budgeted funds available within the respective city department for the services to be required at the venue in light of the anticipated attendance. In such situation, the city will make available an alternate venue at which the expressive activity can be conducted.

(Ord. No. 08-100, § 1(tt), 11-10-08)

 

SECTION 2.

 

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION3.

 

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION 4.

 

This Ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2010. 

 

THE CITY OF LEESBURG

 

By: __________________________

            Mayor

ATTEST:

 

_______________________________

City Clerk

 

Additions– Highlighted and underlined

Deletions- Highlighted and strikethrough