AGENDA MEMORANDUM

 

 

Meeting Date:           January 21, 2008

 

From:                          Edward F. Smyth, Jr., Deputy City Manager

 

Subject:                      Ordinance Amending  the Code of Ordinance  to Add a Special Events Chapter

 

 

Staff Recommendation:

Staff recommends adopting the ordinance to repeal the section 25-123 – Special events permits of the Land Development Code (Code of Ordinance - Chapter 25 Zoning) and create a comprehensive Special Events Chapter to the City of Leesburg Code of Ordinance.

Staff further recommends that the requirement for Special Event applications to be submitted 180 days in advance of the event be waived for the first 180 day after the effective date of this ordinance.

Analysis:

Ordinance 96-18 adopted May 1996 originally evolved as a result of a variety of individuals setting up “on the fly” fruit stands in vacant lots and parking lots and along the road sides.  The intent was to control who was doing business within the City and to place the roadside vendors on a relatively equal footing with local businesses.  The ordinance has been amended several times since it was originally created, specifically to address different types of events as they were conceived.  The most recent changes (Amending §25.80 adopted September 2003) were to address the activities of private not for profit organizations that were holding festivals and events primarily in the downtown business district. 

In the current environment, the festivals and events in the downtown are the primary focus of this ordinance, with the “tent sales” now only occurring occasionally, and covered elsewhere in the Land Development Regulations (LDRs).  As a result of the recent changes, added burdens have been placed on small private non profits, churches and community groups that do not require City services, nor impact any of the public rights-of-way, or require assistance from either the Police or Fire departments.

The new ordinance specifically addresses the events that require City services or impact the public rights-of-way, and place specific requirements on the promoters and organizers related to each type of event.  In addition, there are provisions related to payment for City staff and equipment by the organizer and the option for the City Commission to waive this requirement by resolution. 

Options:

1.  Adopt the Ordinance as presented; or

2.  Such alternative action as the Commission may deem appropriate

Fiscal Impact

There is no negative fiscal impact associated with this ordinance.  The requirement to waive fees by resolution of the City Commission will provide detailed information to the City Commission about each event and enable the affected departments to accurately and effectively develop their annual budgetary requirements based upon financial data from past events.

Submission Date and Time:    2/7/2008 2:27 PM____

 

Department: Administration

Prepared by:  EF Smyth, DCM                     

Attachments:         Yes X    No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes X   No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

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, CREATING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG; PERTAINING TO SPECIAL EVENTS; PROVIDING LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR FEES; PROVIDING FOR TIME REQUIREMENTS FOR APPLICATION; PROVIDING FOR CONDITIONS TO ISSUANCE OF SPECIAL EVENT PERMIT; PROVIDING FOR DENIAL OF SPECIAL EVENT PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR INSURANCE REQUIREMENTS; PROVIDING FOR ENFORCEMENT AUTHORITY AND PENALTIES; REPEALING SECTION 25-123 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG; RENUMBERING SECTIONS FOLLOWING SECTION 25-123 TO ACCOUNT FOR THE REPEAL OF SAID SECTION; PROVIDING FOR CONFLICT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, the City Commission wishes to establish a 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 hereby enacted to read as follows: 

 

(a)        Definitions. As used in this Chapter:

(1)   “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.

(2)    “Conditional Approval” means the Special Event application has been reviewed by all City departments and that each department 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).

(3)   “Commercial Special Event” means any Special Event organized and conducted by any person that does not qualify as a Tax–exempt Non–profit Organization.

(4)   “Controlled Zone” means a zone within the Festival Area 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.

(5)   “Demonstration” means any formation, procession or assembly of seventy–five (75) or more persons which, for the purpose of Expressive Activity, is:

a.       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

b.      To gather at a public park or other public area.

(6)   “Event” includes a Special Event or a Demonstration.

(7)   “Event Organizer” means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a Commercial or Non–commercial Special Event.

(8)   “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.

(9)   “Festival Area” means the area specifically designated and defined as the location of festival events and activities.

(10)  “Goods” means goods, wares, personal property, merchandise or any other similar item, which is generally sold.

(11)  “Non–Commercial Special Event” means any Special Event organized and conducted by a person that qualifies as a Tax-exempt Non-profit Organization.

(12)  “Public Property” means property that is owned, leased, operated, maintained or controlled by the state, city, any independent agency or authority of the Consolidated Government, or other governmental entity within Lake County.

(13)  “Sidewalk” means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

(14)  “Sign” means any sign, pennant, flag, banner, inflatable display, or other attention–seeking device.

(15)  “Special Event” means:

a.       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.

b.      b. 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,

c.       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

d.      Any other organized activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an 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.

(16)  “Special Event Permit” means a permit issued under this Chapter.

(17)  “Special Event Venue” means that area for which a Special Event Permit has been issued.

(18)  “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.

(19)  “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.

(20)  “Vendor” means any person who sells or offers to sell, any Goods, food, or beverages 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 their sales during the Special Event to the interior of their store, or obtains an extension of premises permit.

(b)        Special Event Permit Required.

(1)   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.

(2)   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.

(c)    Exceptions to Special Event Permit Requirement.   The following activities are exempt from the Special Event Permit requirement:

(1)   Funeral processions 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 the Motion Picture and Television organization of the State of Florida, Lake County, the City of Leesburg, or other governmental agency, or successor agency, 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 if 500 or more people participating in the event will occupy adjacent public streets or public property during the event.

(7)   Although not required to get a Special Event Permit, an Event Organizer of an activity exempted is required to comply with general regulations governing public safety or health.

(d)        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.

(e)        Issuance of a Special Event Permit Does Not Obligate City Services.

(1)   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.

(2)   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.

(3)   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 of the following factors are met:

a.    The Event is organized and conducted by a Tax– exempt Non– profit Organization which operates from or provides services within the City of Leesburg; and,

b.   The Event includes participation by the general public (notwithstanding an admission or participation fee); and,

c.    Provision of City services will result in improved crowd or Event control and general public safety; and,

d.   The Event Organizer agrees to reimburse the City for the cost of City Services exceeding five thousand dollars.

(f)        Priority of Special Event Permit Issuance.

(1)   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 of Leesburg.  The City Manager or designee may establish a policy that gives priority to recurring special events sponsored by local organizations.

(2)   Annual recurring events with a multi-year history of active participation shall be given first priority over newer events should a scheduling conflict arise.

(g)        Use of City Seal or Name.

(1)   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.

(2)   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. Any such authorization by the City Manager or designee shall not be construed or implied by any person as being sanctioned or sponsored by the City unless the City Commission has authorized the sanctioning or sponsorship of the Special Event.

(h)        Time for Filing Application for Special Event Permit.

(1)   Except for Special Events at Venetian Gardens or other City owned or operated parks, an application for a Special Event Permit shall be filed with the City Manager or designee not less than one hundred-eighty (180) calendar days, nor more than two (2) years, before the time when it is proposed to conduct the Special Event.

(2)   Applications for Special Events at City public parks shall be submitted in accordance with the time limits and procedures established by the Parks & Recreation Department for such facilities.

(i)         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.

(j)         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.

(k)        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; and,

(2)   A certification that the applicant will be financially responsible for any City fees or costs that may be imposed for the Event; and,

(3)   The name, address and telephone number 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; and,

(6)   A statement of the purpose of the Special Event; and,

(7)   A statement of fees to be charged for the Special Event; and,

(8)   The proposed location for the Special Event; and,

(9)   The date and times when the Special Event is to be conducted; and,

(10)  The approximate times when assembly for, and disbanding of, the Special Event is to take place; and,

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

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

(13)           The proposed site of any reviewing stands; and,

(14)  The proposed site for any disbanding area; and,

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

(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; and,

(18)  The kinds of animals anticipated to be part of the Special Event; and,

(19)  A description of the types of vehicles to be used in the Special Event; and,

(20)  The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise; and,

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

(22)  Other equipment or services necessary to conduct the Event with due regard for participant and public health and safety; and,

(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; and,

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

(25)  Insurance and surety bond information; and,

(26)  Any special or unusual requirements that may be imposed or created by virtue of the proposed Event activity; and,

(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.

(l)         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 in the area.

(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 a 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.

(m)       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; or,

(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; or,

(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; or,

b.      The Event will violate public health or safety laws; or,

c.       The Event fails to conform to the requirements of law or duly established City Commission  Policy; or,

d.      The applicant demonstrates an inability or unwillingness to conduct an Event pursuant to the terms and conditions of this Chapter; or,

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; or,

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; or,

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.

(n)        Denial of a Special Event Permit Application; Appeals from Denial.

(1)   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 15 business days of the decision.

(2)   The denial of a Special Event Permit may be appealed to the City Commission.

(3)   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.

(4)   The decision of the City Commission to grant or deny that appeal shall constitute the exhaustion of the applicant’s administrative remedy.

(o)        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.

(p)        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.

(q)        City Manager’s Action on Special Event Permit Application.

(1)   Except as provided in this Chapter the City Manager or designee shall take final action upon a completed application for a Special Event Permit within 15 business days from receiving a completed application, unless this period conflicts with restrictions contained in this Section.

(2)   The City Manager or designee is not required to take final action on an incomplete or untimely Special Event Permit application.

(3)   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.

(4)   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.

(5)   Final action on a completed Special Event Permit application shall consist of one (1) of the following:

a.       Issuance of a Special Event Permit in accordance with the terms of the application; or,

b.      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,

c.       Denial of the Special Event Permit application by the City Manager or designee.

(r)        Insurance Required to Conduct Special Event.

(1)   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.

(2)   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).

(3)   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.

(4)   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.

(5)   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.

(s)        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;

(3)            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,

(6)            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.

(t)        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 of Leesburg 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.

(u)        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 percent (50%) 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 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.

(v)        Revocation of Special Even Permit.

(1)               Any Special Event Permit issued pursuant to this chapter is subject to revocation.

(2)               A Special Event Permit may be revoked if the City Manager or designee determines:

a.       That the Event cannot be conducted without violating the standards or conditions for Special Event Permit issuance; or,

b.      The Event is being conducted in violation of any condition of the Special Event Permit; or

c.       The Event poses a threat to health or safety; or

d.      The Event Organizer or any person associated with the Event has failed to obtain any other permit required pursuant to this Code; or

e.       The Special Event Permit was issued in error or contrary to law.

(3)               Except as provided in this chapter, notices of revocation shall be in writing and specifically set forth the reasons for the revocation.

(4)               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.

(5)               [EFS1] An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of Special Event Permits.

a.          [EFS2] 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. 

(w)       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.

(x)        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.

(y)                Audits and Accounting Procedure.

(1)         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.

(2)         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.

(3)         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 of Leesburg. 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.

(z)      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.

(aa)     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.

(bb)      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.

(cc)            Authorized Special Event Vendors.

(1)   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.

(2)   Vendors authorized to sell Goods, food, or beverages in the Special Event Venue shall display their authorization 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.

(dd)           Unlawful to Conduct or Promote Attendance at Special Event without Permit.

(1)               It is unlawful to conduct a Special Event without a Special Event Permit as required pursuant to this Chapter.

(2)               It is unlawful for any person to conduct or manage any Special Event for which a Special Event Permit has not been issued.

(ee)      Other Permits and Licenses.

(1)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.

(2)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.

(ff)       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; or,

(2)               From any tent, booth or temporary structure expressly authorized pursuant to a Special Event Permit; or,

(3)               As authorized pursuant to a conditional use permit pursuant to the City of Leesburg Land Development Code; or,

(4)               Businesses holding a current business tax receipt to operate a permanent business within the venue, as long as the business restricts their sales during the Special Event to the interior of their store, or obtains an extension of premises permit.

(gg)      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.

(hh)      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.

(ii)        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.

(jj)        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.

(kk)       Penalties.

(1)               It is unlawful to:

a.                   Conduct, stage, or promote a Special Event without a permit;

b.                  Knowingly make a false estimate pursuant to this Chapter.

c.                   Violate any provision of this Chapter.

Violations of this Ordinance or the Permit may be prosecuted as a municipal code violation before the Special Magistrate, or at the City’s option may be prosecuted under §1 – 14 of the Leesburg Code of Ordinances. [§1 – 14 provides for a $500 fine, 60 days in jail or both.]

(ll)        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.

(mm)     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 persons, and

(2)         The Chief of Police concurs in the estimate in writing and issues to the promoter an exemption letter.

a.          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 percent (10%).

(nn)      Public Safety at special events. The following requirements for public safety will be observed at all special events:

(1)                  The Leesburg 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 Leesburg Fire Department.  Emergency medical services, including transportation, for City sponsored or co-sponsored special events shall be coordinated by the Leesburg 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 Leesburg 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 Chapter 401, Florida Statutes, and any medical services must be furnished under supervision of a medical director, pursuant to §401, Florida Statutes. 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 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.

(oo)      Attendance and participant standards for public safety emergency medical personnel.

(1)                  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 Leesburg Fire Department to arrange for emergency medical services, including transportation, based upon projected attendees and participants.

(2)                  [EFS3] 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 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.

(pp)      Attendance and participant standards for public safety, personal security and property safety personnel.

(1)                  Applicants, promoters or sponsors at special events or other events required to have Personal Safety and Property Security under this chapter, shall arrange for Leesburg Police personnel or their designees.

(2)                  [EFS4] 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 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.

(qq)      Costs for public safety personnel at special events. The costs for provision of City of Leesburg 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 City of Leesburg Police and Fire Departments, shall be the responsibility of the applicants, promoters and sponsors.

(rr)              Standards for sanitary facilities, events set up, maintenance and clean up costs. 

(1)                  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 of Leesburg 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 portable restroom for each 250 persons expected to be in attendance. (Reference §64E-6.0101 FAC as it may be changed, modified or amended.)

(2)       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.

(ss)               Limited exceptions to attendance standards.

(1)                  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 Leesburg 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 50% of the required personnel for each attendance category.

(2)                  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 of Leesburg 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 50% of the required personnel for each attendance category.

(3)                  An applicant, sponsor or promoter of a special event may be authorized or required to provide up to 50% 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.

(tt)       Cost waivers authorized to avoid unreasonable burdens upon protected First Amendment expression; alternative venues for events.

(1)               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.

(2)               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. 

(3)               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.

(4)               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:

a.                Inaccurate or incomplete information was provided;

b.               There is no undue burden on First Amendment rights; or

c.                There is no demonstrated insolvency or indigence. 

(5)            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 Neighborhood Coordinator, 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. 

(6)               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. 

(7)             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.

(8)             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.

(9)               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.

 

SECTION 2.

 

Section 25-123 of the Code of Ordinances of the City of Leesburg, Florida, pertaining to Special events permits, is hereby repealed in its entirety. Sections of the ordinance following this repealed section shall be renumbered accordingly.

 

SECTION 3.

 

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.

 

SECTION 4.

 

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 5.

 

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 ______________, 2008. 

 

 

THE CITY OF LEESBURG

 

 

 By: __________________________

            Mayor

ATTEST:

 

_______________________________

City Clerk

 


 [EFS1]Does this provide adequate due process for the sponsor?

 [EFS2]Is this a legal and appropriate action under the current laws?

 [EFS3]Rather than including charts/tables that specified a certain number of personnel based on some static attendance numbers, we wanted the department to have the ability to properly plan for the event and still provide an acceptable level of fire/medical protection for citizens outside of the event area.

 [EFS4]Rather than including charts/tables that specified a certain number of personnel based on some static attendance numbers, we wanted the department to have the ability to properly plan for the event and still provide an acceptable level of fire/medical protection for citizens outside of the event area.