SUNRISE, FLORIDA ORDINANCE NO.

Transcription

1 SUNRISE, FLORIDA ORDINANCE NO. AN ORDINANCE OF THE CITY OF SUNRISE, FLORIDA PERTAINING TO SPECIAL EVENTS PERMITS AND TEMPORARY OUTDOOR SALES; BY AMENDING CHAPTER 7 LOCAL BUSINESS TAX; LOCAL BUSINESS TAX RECEIPTS, AND BUSINESS REGULATIONS; ARTICLE III AMUSEMENTS; DIVISION 3 CIRCUSES, CARNIVALS AND OUTDOOR SHOWS; SECTION REQUIREMENTS AND RESTRICTIONS; REGARDING SPECIAL EVENT APPROVAL; AND SECTION MARKHAM PARK; REGARDING SPECIAL EVENT APPROVAL; BY AMENDING SECTION TEMPORARY OUTDOOR SALES; BY AMENDING CHAPTER 9 NUISANCES; ARTICLE II NOISE REGULATIONS; SECTION 9-19 EXEMPTIONS; BY AMENDING CHAPTER 16 LAND DEVELOPMENT CODE; BY AMENDING ARTICLE V DISTRICT REGULATIONS; SECTION BUSINESS DISTRICTS; AND SECTION MASTER BUSINESS LIST; BY AMENDING ARTICLE VI SUPPLEMENTAL REGULATIONS; AMENDING SECTION OPEN STORAGE, GARBAGE AND REFUSE; SECTION OPEN STORAGE, GARBAGE AND REFUSE; FOR SPECIAL EVENTS; AND SECTION TEMPORARY BUILDINGS; TO ADD TEMPORARY STRUCTURES; BY AMENDING ARTICLE XIV SIGNS; SECTION PURPOSE, DEFINITIONS, SUBSTITUTION, AND SEVERABILITY; SECTION TEMPORARY AND RELIEF SIGNS; TO ADDRESS LOCATION FOR SPECIAL EVENT BY PERMIT; AND SECTION APPROVAL PROCESS; TO EXEMPT SIGNS UNDER SECTION ; BY AMENDING ARTICLE XVII DEFINITIONS; SECTION TERMS DEFINED; TO ADD DEFINITION FOR CARNIVAL, FOOD TRUCK AND SPECIAL EVENT; CREATING NEW ARTICLE XVIII SPECIAL EVENT PERMITS AND TEMPORARY OUTDOOR SALES; COMPRISED OF SECTIONS TO ; AND RENUMBERING ARTICLE XVIII REPEALER AND SEVERABILITY; TO ARTICLE XIX REPEALER AND SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. KAKRG C13211

2 WHEREAS, the City Commission desires to regulate special events, and issue special event permits, in order to protect and promote the health, safety and general welfare; and WHEREAS, the City Commission desires to regulate special events within the City s Land Development Code (Chapter 16); and WHEREAS, the City Commission finds that special events such as festivals, fairs, parades, sporting events, concerts and others often attract a large number of people which affect the usual flow of pedestrian and vehicular traffic and the established use of sidewalks, streets, buildings, parks and public space; and WHEREAS, it is necessary to establish certain guidelines and minimum requirements for special event permitting in order to plan for and address public health, safety and welfare issues and to ensure adequate security, police and fire rescue services, traffic control, sanitation and garbage disposal; and WHEREAS, special events require coordination and support services from multiple City departments in order to protect the public from adverse public health and safety conditions created by large crowds of people; and WHEREAS, the City has a substantial and significant interest in ensuring various City departments receive adequate advance notice of a special event whenever possible in order to prepare and provide necessary services; and KAKRG C13211

3 WHEREAS, it is the intent of the City Commission to protect the rights of its citizens to engage in protected free speech and peaceable assembly with minimal and reasonable time, place and manner restrictions; and WHEREAS, uniform policies regulating special events promote public health, safety and welfare and are in the best interests of all Sunrise citizens and visitors because the policies allow event organizers to plan and carry out events with the support, services and personnel necessary to protect participants as well as City residents and property; and WHEREAS, the City s Local Planning Agency has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission held a public hearing at which all citizens so desiring had an opportunity to be heard; and WHEREAS, the City Commission finds that this Ordinance is consistent with the City s adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City s residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNRISE, FLORIDA: Section 1. The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. KAKRG C13211

4 Section 2. That section of the Code of the City of Sunrise is amended to read as follows: Sec Requirements and restrictions. Special events shall require approval pursuant to Chapter 16 Article XVIII. (a) No circus, carnival or outdoor show (referred to below as event or events) is permitted within the city except as provided in subsections (b) and (c). (b) Churches or other charitable or nonprofit organizations (referred to below as the applicant) may sponsor professionally operated events on property owned by the applicant in the city providing the applicant complies with the following: (1) The applicant will not receive less than twenty-five (25) percent of the gross proceeds from the operation or presentation of an event. (2) A refundable clean-up bond of two hundred fifty dollars ($250.00) must be filed with the code enforcement division and will be refunded upon satisfactory inspection of the property by the code enforcement division after the carnival closes. The property shall be cleaned within forty-eight (48) hours of the close of the event and returned to substantially the same condition that existed just prior to the start of the event, or better. (3) All applicable building, fire and electrical codes. (4) Adjacent property owned by other than the applicant may be used for parking provided a notarized letter of permission from the property owner is provided along with a release and indemnity agreement in a form accepted by the city attorney or his designee. (5) The event must close on or before 11:00 p.m. (6) Only one (1) event per location shall be allowed to operate for five (5) calendar days during any calendar year. (7) Approval must be obtained by resolution of the city commission. (8) The applicant must comply with any rules or regulations recommended by the chief of police which are consistent with this section and are approved by the city commission. (9) No less than two (2) off-duty police officers shall be hired for the duration of any event to include one (1) hour before opening and one (1) hour after closing. The exact number of officers required shall be determined by the KAKRG C13211

5 (c) police chief based on the size and nature of the event and past experience with similar events. The cost for the offduty detail shall be set using the present rate charged by the police department. All organizations must comply with any rules or regulations recommended by the chief of police which are consistent with this section and are approved by the city commission. (10) No less than two (2) off-duty fire-rescue personnel, one of whom is a paramedic, shall be hired for the duration of any event to include one (1) hour before opening and one (1) hour after closing pursuant to the South Florida Fire Code. The cost for the off-duty detail shall be set using the present rate charged by the fire-rescue department. All organizations must comply with any rules or regulations recommended by the fire marshal which are consistent with this section and are approved by the city commission. (11) No open flame or other device emitting flames or fire shall be used in any tent or air supported structure while open to the public, pursuant to the South Florida Fire Code. (12) Proof that carnival equipment has been inspected by State of Florida inspectors shall be submitted prior to opening. (13) All equipment (including but not limited to, tents, stages, utility areas, egress locations, and cooking areas) shall be inspected by city fire inspectors prior to operation pursuant to the South Florida Fire Code. Requests for carnival, circuses or outdoor shows. All requests for events must be submitted in writing to the code enforcement division no less than sixty (60) days prior to the opening of the event, and must include the following: (1) A letter of request outlining the dates, times and specific details of the event. (2) A non-refundable application and processing fees of one hundred dollars ($100.00). (3) A site plan of the event and surrounding property with the layout of any equipment, egress/ingress locations and parking. (4) Insurance requirements: a. Certificates of insurance for all properties used for the event must be submitted to the city for approval by the risk manager. b. Documents shall be submitted to the city for approval by the risk manager no less than twenty-one (21) days prior to the opening of the event. c. Applicants and vendors shall have commercial/general liability insurance, including coverage for independent contractors, premise and operations, KAKRG C13211

6 (d) contractual liability, products and completed operations, personal injury and property damage. Insurance coverage shall be no less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage and no less than one million dollars ($1,000,000.00) for liquor liability, if applicable. d. Vendors shall also have motor vehicle liability insurance for any motor vehicle of no less than one million dollars ($1,000,000.00) and workers' compensation coverage. e. The City of Sunrise shall be named as additional insured. Certificates of insurance shall show the City of Sunrise as the certificate holder. All requirements of this section are subject to modification and/or waiver by the city commission based on the size and nature of the event, and the city's involvement. Section 3. That section of the Code of the City of Sunrise is amended to read as follows: Sec Markham Park. Special events shall require approval pursuant to Chapter 16 Article XVIII. (a) (b) (c) Maximum capacity for special events. Notwithstanding any other provision of this chapter, the following requirements and procedures are applicable to special events at Markham Park. Because of its size and limited accessibility, the maximum daily attendance permitted for an all-day special event shall be fifteen thousand (15,000) persons. Special event permit. The person seeking permission to hold a special event at Markham Park shall obtain the applicable permit from the Broward County Parks and Recreation Division. The permit holder shall comply with all requirements of the county permit as well as all requirements of this section. The city may prohibit the on-site sale of tickets to regulate event crowds. Insurance: The permit applicant shall obtain general liability insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence for events expected to draw less than five thousand (5,000) persons; minimum limits of two million dollars ($2,000,000.00) per occurrence for events expected to draw more than five thousand (5,000) but less than ten thousand (10,000); and minimum limits of five million KAKRG C13211

7 (d) dollars ($5,000,000.00) per occurrence for events expected to draw more than ten thousand (10,000) persons. Notwithstanding the limits set forth above, the city shall be named as an additional insured on all insurance policies obtained by the permit applicant at the limits of the permit applicant's insurance or the limits set forth above, whichever is greater. Traffic management; security; safety. The permit applicant shall submit a traffic management plan to the city for its review and approval. (1) Eighth Street. The city will determine, in its sole and exclusive discretion, on a case-by-case basis, whether to allow special event traffic to exit the park on Northwest Eighth Street. If permission is granted by the city, event traffic exiting the park on Eighth Street shall not be allowed direct access to Eighth Street east of Northwest 136th Avenue. (2) Permits. At least ten (10) days prior to the event, the permit applicant shall obtain the necessary permit(s) from the Florida Department of Transportation to use the Sawgrass Expressway right-of-way to access Markham Park from Eighth Street or State Road 84. (3) Off-duty details. The permit applicant shall contract for off-duty police services for Sunrise Police Officers for traffic control and security, and with Sunrise paramedics for emergency medical aid, as determined by the police and fire-rescue departments. If an adequate number of Sunrise Police Officers do not volunteer to provide off-duty services, then permit applicant may either contract for off-duty services from Broward Sheriff's Office deputies or Florida Highway Patrol Troopers. If an adequate number of Sunrise Fire-Rescue do not volunteer to provide off-duty services, then permit applicant may either contract for off-duty services from Broward Sheriff's Office fire-rescue or with properly licensed emergency medical services provider authorized to work in Broward County. To the extent permit applicant elects to provide or is required to provide additional police services or fire emergency services above and beyond the city's requirement, permit applicant, shall contract for such services from off-duty Sunrise Police Officers, subject to the same contingency for unavailability as provided for above for police officers and fire emergency services. (4) First aid station. The permit applicant shall separately staff a first-aid station(s) with qualified non-city medical personnel. KAKRG C13211

8 (e) (f) (g) (h) (5) Other requirements. Notwithstanding the foregoing, permit applicant must also comply with the requirements established under the special event permit for police, fire and other related personnel and the city's off-duty personnel ordinance. All permits: The permit applicant shall obtain and demonstrate possession of all necessary permits including any city resolution for all special event activities a minimum of forty-five (45) days prior to the date of the special event. Use restrictions: No more than one (1) carnival may be held per calendar year. Concerts may be held only if they are ancillary to an all-day special event, as determined by the city, except that concert-only events may be held if they are not expected to draw more than seven thousand five hundred (7,500) persons. No more than three (3) all-day special events may be held per calendar year. Notwithstanding section 7-107(a), the city commission may annually, by resolution, establish a maximum daily attendance that exceeds fifteen thousand (15,000) persons for one or more special events provided the police chief, fire chief, and chief building official determine that the permit applicant has demonstrated sufficient traffic management, fire safety, and public security measures, and the city manager recommends the special event to the city commission. Any resolution shall ensure that the police and fire departments can take all necessary action to protect safety and security notwithstanding the maximum daily attendance capacity. No more than two (2) concert-only special events may be held per calendar year. Application: The building department may establish application procedures for the approval of Markham Park events. The chief building official will approve the special event if all applicable requirements of this section have been met. County promoted events: Special events promoted and operated solely by the Broward County Parks and Recreation Division are exempt from the requirements of this section, however, the division shall advise the city of any county-promoted and operated special events expected to draw more than seven thousand five hundred (7,500) persons daily and shall coordinate any traffic and security issues with the city. Section 4. That section of the Code of the City of Sunrise is amended to read as follows: Sec Temporary outdoor sales. KAKRG C13211

9 Temporary outdoor sales shall require approval pursuant to Chapter 16 Article XVIII. (a) (b) Purpose. The purpose of this section is to provide a limited exception to the city's general prohibition against conducting outdoor sales and related activities such as the display and/or storage of sale items (See section 16-37(c)(i) of the City Code) by allowing temporary outdoor sales and related activities subject to certain conditions and restrictions. This section shall not apply to sales conducted as part of a special event regulated by section of the City Code. Permits required. Unless otherwise authorized by the City Code, no person may conduct sales in the city unless he or she first obtains a permit and pays a permit review fee. The fee for sales on vacant property shall be one hundred dollars ($100.00). The fee for sales on developed business property shall be fifty dollars ($50.00). Persons who wish to conduct temporary outdoor sales must complete an application and submit it at least thirty (30) days in advance of the proposed sale to the code enforcement division for processing. Applications shall contain the name of the person or business wishing to conduct the outdoor sale, the proposed location of the sale, the dates of the sale and the merchandise to be offered for sale. Applications must include proof of liability insurance continuing at a minimum the limits set forth in section 7-33 of the City Code. The code enforcement division shall issue permits provided the following conditions are complied with: (1) Sales on vacant property. a. Applicants shall have a notarized letter of permission from the property owner or property manager to use the property for a temporary sale. b. The vacant property shall have the appropriate business zoning classification for the type of sale activity. c. The vacant property shall have convenient access from a paved dedicated roadway such that motorists entering and leaving the vacant property will not create a traffic hazard or damage public property. d. The property must be of sufficient size to accommodate the sales and related activities and to provide adequate on-site parking. The parking lot of an adjacent commercial center may be substituted for onsite parking if the applicant provides a notarized letter of permission from the property owner or manager and available parking exists at the center as determined by the planning and engineering department KAKRG C13211

10 using the parking standards contained in section of the City Code. Temporary signage may be required to inform motorists of the location of available parking. The planning and engineering department may determine sufficient parking is available based on the shared parking without using the formal procedures set forth in section of the City Code. e. If lighting, tents or other structures are to be placed on the property in connection with the sale, the applicant shall obtain all other necessary inspections and permits and pay all required fees before sales are conducted. Applicants shall post a two hundred fifty dollar ($250.00) refundable clean-up bond. f. No sales activity shall be conducted within twenty (20) feet of a dedicated road right-of-way. g. A temporary outdoor sales permit shall entitle the permit holder to conduct sales for three (3) consecutive days in the vacant private property specified in the permit except that a permit for a temporary outdoor holiday sale (Christmas trees, pumpkins, flowers, fireworks and similar traditional items) shall entitle the permit holder to conduct sales for up to thirty (30) consecutive days immediately preceding the holiday. h. No vacant parcel of land may be used as a temporary sales site more than twice in any calendar year. (2) Sales on developed business property. a. Any business located on property zoned for business and having a valid city local business tax receipt may conduct temporary outdoor sales in connection with their business for which a local business tax receipt has been obtained. b. Sales activities conducted on a sidewalk in front of a business shall not extend beyond the business storefront. Merchandise shall be displayed in such a way that pedestrians and wheelchair access to sidewalks is not obstructed. Ingress and egress to the business shall not be blocked. All applicable fire and building codes shall be complied with. c. A temporary outdoor sales permit will entitle the permit holder to conduct sales for three (3) consecutive days except that a permit for a temporary outdoor holiday sale shall entitle the permit holder to conduct sales of holiday items (Christmas trees, KAKRG C13211

11 pumpkins, flowers, fireworks, and similar traditional items) for up to thirty (30) consecutive days immediately preceding a holiday. d. Parking lot sales may be held provided major parking aisles are not blocked and emergency vehicle access shall not be hindered and providing parking is available as determined by the planning and engineering department using the parking standards contained in section of the City Code. The planning and engineering department may determine sufficient parking is available based on shared parking without using the formal procedures set forth in section of the City Code. e. No business may conduct more than three (3) temporary outdoor sales in any calendar year. (c) [Sales on city-owned property.] Sales to be conducted on city-owned property shall require City Commission approval. Applicants may be subject to additional requirements, including, but not limited to, greater liability insurance limits, for the use of city property as may be determined by the City Commission. (d) [Sales without a permit unlawful.] It is unlawful for any person or business to conduct an outdoor sale without a permit, or for any person who has been issued a permit, to violate any of the conditions set forth in subsection (b) above. (e) [Sales prohibited.] The temporary outdoor sale of motor vehicles is not permitted by this section. Section 5. That section 9-19 of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Exemptions. The following uses and activities shall be exempt from the provisions of this article. (10) Any sound emanating from any circus, carnival or outdoor show permitted pursuant to the provisions of section of the City Code. KAKRG C13211

12 Section 6. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Business districts. (c) Limitations on uses. (1) Except for outdoor restaurant seating areas, automobile parking lots, drive-in banks and filling stations, all activities of permitted uses including sale, display, preparation and storage, shall be conducted entirely within a completely enclosed building, provided that drive-in type retail stores may conduct sales through open doors or windows. Drive-in businesses must be conducted so that no interference of established pedestrian or vehicular traffic flow will result. Permits for temporary outdoor sales may be provided for by separate ordinances issued in compliance with Article XVIII. (2) No secondhand or used merchandise shall be offered for sale, displayed or stored except in an antique or secondhand store, or as incidental to the sale of new merchandise. (3) All products produced incidental to a permitted use shall be sold at retail on the premises. (4) The prohibition against outdoor sales and other activities contained in subsection (1) above shall not apply to a drink dispensing (vending) machine located within an offstreet loading area also designated and used on a regular and frequent basis for customer pickup provided the following conditions are met: (i) the loading area had two (2) or more loading spaces; (ii) no more than one (1) drink dispensing machine is located within the offstreet loading area; (iii) the drink dispensing machine is not located within an off-street loading space and does not otherwise interfere with loading area operations; and (iv) there is no adjacent indoor space where a drink dispensing machine is or could he be located. Section 7. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: KAKRG C13211

13 Sec Master Business List. (d) Supplemental regulations to Master Business List. The numbers below correspond to the numbers of the Master Business List: (13) Motorcycle shop. Special Exception uses apply to Article III. (h) No more than four (4) rallies or events shall be organized or held on premises each calendar year. Such events or rallies may only be scheduled on weekend days (Saturday or Sunday) or legal holidays. For each event or rally in accordance with Chapter 7 Local Business Tax; Local Business Tax Receipts, and Business Regulations. Section 8. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Open storage, garbage and refuse. (a) The storage of all equipment, materials and supplies shall be entirely within an enclosed building unless explicitly authorized to the contrary by this Code. This requirement shall not apply to special event permits and temporary outdoor sales permits. Section 9. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Temporary Buildings. (b) Before approving a permit for such a construction trailer, or temporary building, or temporary structure, the department shall KAKRG C13211

14 approve a sketch plan showing the location on the construction site. The applicable setbacks of the district or a minimum of fifteen (15) feet, whichever is less, shall be met. Section 10. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Purpose, definitions, substitution, and severability. (b) Definitions (see also Article XVII). Special event sign: Any sign that promotes a special event which is permitted pursuant to section of the Code. Section 11. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Temporary and relief signs. (a) Only the following temporary signs shall be permitted: TABLE 3 Residential District Non-Residential District Special event signs: KAKRG C13211 Number maximum Not permitted 1 temporary banner, and 1 cold air balloon, signs on-site; 10 temporary signs off-site Area maximum Not applicable 6 sq. ft. except that the on-site sign and banner may be 32 sq. ft. Length of display Not applicable 14 days prior to event;

15 Height maximum above grade Not applicable all signs to be removed within five (5) days after the event 6 ft. except cold air balloons not exceeding 15 feet in height may be affixed to the rooftop of a structure where the special event is to take place Setback minimum Not applicable 10 ft. from right-of-way Locations To be identified in special event permit application Section 12. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Approval process. (c) Exemptions. A separate sign permit shall not be required for: (5) Political signs, special event signs (excluding searchlights) issued in accordance with section , and garage sale signs. Section 13. That section of the Code of the City of Sunrise, Florida, is hereby amended to read as follows: Sec Terms Defined Major Tenant: A retail business containing a minimum floor area of 10,000 square feet and comprises a minimum of thirty percent (30%) of KAKRG C13211

16 the floor area within the shopping center. A shopping center may have more than one major tenant provided that each is at least 10,000 square feet and the combined floor area comprises a minimum of thirty five percent (35%) of the floor area within the shopping center. Carnival: A temporary use of land, buildings, or structures for the purposes of providing or locating facilities for commercial entertainment and participatory amusement activities that are open to the public, including multiple games and rides, and includes, without the generality of the foregoing, an itinerant circus or midway, but does not include an amusement park or other use where such facilities are located or made available for such a use by the general public for more than 14 days per year. Food truck: A mobile food dispensing vehicle, vehicle-mounted public food service establishment, self-propelled or otherwise moveable from place to place, including hot dog carts. Special event: As defined in section Section 14. That a new Article XVIII is created in Chapter 16 of the Code of the City of Sunrise to read as follows: Article XVIII SPECIAL EVENT PERMITS AND TEMPORARY OUTDOOR SALES Sec General. (a) Purpose and intent. The purpose of this article is to regulate special events and temporary outdoor sales to ensure public health, safety and welfare. However, nothing in this article shall be construed to prevent members of the public from assembling in the parks and other public forums for the purpose of making any speech or conveying any message to the public without obtaining a special event permit. KAKRG C13211

17 (b) Special events definition. Special events shall mean any meeting, activity, parade or gathering of a group of persons, animals or vehicles or combination thereof, having a common purpose on any publicly or privately owned property, sidewalk, alley, park, lake or publicly or privately owned place or building, which activity substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public place or building so as to preempt normal public or private use of space or which deviates from the established, legally permitted use of a space or building. A special event shall include but not be limited to a festival, carnival, concert, parade, walk, race, fund raising sale and similar gatherings, grand opening promotions and other similar events not specifically permitted by the land development code. The following shall not be considered special events and shall not require a special events permit: (1) Usage of the city park pavilions or other city facilities through an executed agreement with the City; (2) Activities located on public schools which are contained within the school site and will not require assistance from the City of Sunrise; (3) Events conducted within a banquet hall, as defined in section ; (4) Events at Markham Park, which shall be regulated in accordance with section of City Code. (5) Events that are confined to an area within the footprint of a building, including roof overhang, provided all sales occur inside the building. (6) Events on residential property. (7) City events. (8) Spontaneous assemblies. (9) Temporary outdoor sales (which are subject to the requirement of section ) KAKRG C13211

18 (c) Permit required. No person, firm, group, corporation or institution shall participate in, advertise for or in any way promote, organize, control, manage, solicit, or induce participation in a special event, unless a special event permit with associated filing fee has first been obtained from the city as provided herein. No person, firm, group, or corporation shall violate any terms of a special event permit issued under this article, nor in any manner interfere with the progress or orderly conduct of a special event. Spontaneous public assembling in the parks and other public forums for the purpose of making any speech or conveying any message do not require special event permits. (d) Permit filing deadline. Any person, firm, group, corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the community development department, on forms provided by the city, on or before the following deadlines prior to the event to allow sufficient time for the review process: Expected attendance: Less than, or equal to, one thousand (1,000) persons More than one thousand (1,000) persons Minimum advance time required to file: Fifteen (15)calendar days Thirty (30) calendar days (e) Permit review process. All special event permits are subject to development review committee review. (f) Filing fee. All special event permits are subject to a filing fee in accordance with the adopted community development department fee schedule, which may be amended from time to time. Such fees are in addition to fees required by fire life safety inspections as authorized in the _Fire Rescue Department fee schedule. (g) A decision to approve or deny an application shall be made within ten (10) calendar days from receipt of a complete application for events with an expected attendance of less than, or equal to one thousand (1,000) persons and twenty-five (25) calendar days from receipt of a complete application for events with an expected attendance with more than one thousand (1,000) persons days calendar days of the application. KAKRG C13211

19 Sec Permit requirements. The applicant shall provide all information solicited on the special event permit application form, unless waived by the director of community development, upon finding that such information is not applicable. (a) Authority. Notarized evidence that the property owner/legal representative authorizes the use of the site for the special event reflected on the special event permit application. (b) Sketch site plan. A detailed plan for the event, including but not limited to, property boundaries; road access; location of trash receptacles, sanitary facilities, tents or other structures; location of rides if applicable; location of parking; location of temporary dwellings, offices, and equipment; and proposed setbacks of activities, fences, tents, booths, etc. from adjacent properties. (c) Statement of use. A detailed statement of use, including but not limited to sponsor(s), vendors(s), band(s) and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on-site, security, utilities, and use of generators. (d) Signage: The number, size and placement of signs shall comply with subsection (a). Any sign related to a special event shall be illustrated in a detailed on-site sign plan, including, but not limited to the proposed location, size, type, copy area, graphics, and color, including the dates of installation and removal of the sign for the event. (e) Food service: If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Broward County mobile business tax receipt permit if applicable, Florida State health certificates, and a list of the type of food service proposed. A fire watch may be required. (f) Food Trucks: All food trucks, as defined in section , that operate in the City shall have a current license issued by the Florida Department of Business and Professional Regulation (DBPR). (1) All events at which food trucks are present shall require special event approval, except as listed in subsection (2) below. KAKRG C13211

20 (2) Food trucks at City Events are exempt from this subsection. (3) There shall be a maximum of three (3) Food Trucks at any Special Event. Carnivals, Markham Park, and Places of Public Assembly with fixed seating of at least 10,000 seats are exempt from this sub-section. (g) Alcohol. Applicants may, as permitted by the city, provide alcoholic beverages provided that a copy of the permit issued from the Florida Department of Alcoholic Beverages and Tobacco is attached to the special event permit application. (h) Insurance. The permit applicant shall agree to maintain and submit with their special permit application a Certificate of Insurance evidencing the following Commercial General Liability insurance, or insurance as required herein, under this subsection. (1) Minimum limits of liability not less than one million dollars ($1,000,000.00) per occurrence for events expected to draw less than ten thousand (10,000) persons; or minimum limits of liability not less than two million dollars ($2,000,000.00) per occurrence for events expected to draw ten thousand (10,000) persons or more. (2) The permit applicant s Commercial General liability shall endorse the City of Sunrise as an Additional Insured under either the CG Additional Insured State or Political Subdivisions Permits endorsement or the GC Additional Insured Designated Person or Organization endorsement, or equivalent endorsements. (3) The permit applicant may satisfy the minimum limits of liability required in this Section with Umbrella and/or Excess Liability insurance provided the Umbrella and/or Excess Liability insurance is written on a follow form basis, or when required, specifically endorses the City of Sunrise as an Additional Insured, and evidences the same by a Certificate of Insurance. (4) In the event the permit applicant serves alcohol at the special event, the permit applicant agrees to maintain Liquor Legal Liability insurance at minimum limits of liability not less than one million dollars ($1,000,000.00) per occurrence for events expected to draw less than ten thousand (10,000) persons; or minimum limits of liability KAKRG C13211

21 not less than two million dollars ($2,000,000.00) per occurrence for events expected to draw more than ten thousand (10,000) persons. This coverage requirement may be satisfied by way of endorsement to the permit applicant s Commercial General Liability insurance; however, host Liquor Liability coverage shall not satisfy this requirement. The permit applicant s Liquor Legal Liability insurance shall endorse the City of Sunrise as an Additional Insured, whether written on as a separate policy or as an endorsement to permit applicant s Commercial General Liability insurance. (5) Any coverage insurance required in this section may be written on a designated location, date or special event only basis. (6) If the permit applicant receives a non-renewal, cancellation notice, or change in coverage from an insurance company affording coverage required herein this Section, permit applicant shall notify the city in writing to Community Development - Planning Division prior to the special event with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. (7) City s Risk Manager reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverage and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, City s Risk Manager reserves the right, but not the obligation, to review and reject any insurer providing coverage due of its poor financial condition or failure to operate legally. (i) Bond. A refundable security bond, or similar financial pledge acceptable to the city, in the amount of two hundred and fifty dollars ($250), will be required, at the discretion of the director of community development, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners within five (5) calendar days of the event. (j) Indemnification. The applicant shall submit an indemnification agreement, as approved by the city attorney, including any and all such claims, suits, actions, damages, or causes of action arising as a KAKRG C13211

22 result of the special event, or of the condition of the premises on which the special event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgments, or decrees which may be entered, and from and against any costs, attorneys' fees, expenses and liabilities incurred in and about the defense or settlement of any claims, and the investigation thereof. (k) Other materials. Other materials and documentation as may be required by the director of community development. Sec Standards, guidelines and review criteria. The standards and guidelines to be applied by the development review committee or director of community development in considering the special events permit are as follows: (a) Location. All special events on nonresidential properties must obtain a special events permit. (b) Duration. A special event shall not exceed five (5) consecutive days unless approved by the city commission. Special events shall close at 11 PM, unless at Markham Park or approved by resolution of the City Commission. New Year s Eve events shall close at 1 AM on New Year s Day. (c) Number per year. (1) No more than three (3) special events every calendar year shall be held by any applicant at one (1) location, unless otherwise approved by resolution of the city commission for good cause and for the public interest of the city. (2) No events shall occur consecutively, except for those with city commission approval, and if approved shall require a separate permit and fee for each event. (3) Tenants located in commercial/office plazas, are permitted three (3) special events per tenant each calendar year provided the total number of special events in a commercial/office plaza set forth in subsection four (4) is not exceeded. This number of permitted special events shall exclusively apply to each tenant, and cannot be transferred to another tenant or party. Sub-tenants within KAKRG C13211

23 commercial/office plazas are not permitted any special events. (4) Commercial/office plazas shall be limited to a maximum of ten (10) special events per calendar year. However, the city commission may, by resolution, authorize additional special events per year for good cause and for the public interest of the city. (5) Major tenants are each permitted three (3) events per calendar year exclusive of the limitation in subsection 4 above. (6) No more than two (2) special events at any given time may occur simultaneously at any commercial/office plaza. Special event applications will be reviewed and approved by the city on a submittal date. (7) Places of Public Assembly with fixed seating of a minimum of 10,000 seats are permitted ten (10) events per calendar year exclusive of the limitations above. However, the city commission may, by resolution, authorize additional special events per year for good cause and for the public interest of the city. (d) Access. All efforts shall be made to provide vehicular access from a collector or arterial roadway and a maintenance of traffic (MOT) permit may be required. (e) Parking. Adjacent property, owned by other than the applicant, may be used for parking provided a notarized letter of permission from the property owner is provided along with a release and indemnity agreement in a form accepted by the city attorney or his/her designee. (f) Building permits. Building permits shall be required for temporary structures, tents, electrical wiring, and other items pursuant to the Florida Building Code. Notwithstanding section , fees for building permit review and inspection shall not be waived for special events. (g) Business tax receipt. All tenants and owners must have a current business tax receipt on file with the City. (h) Traffic control. Use of police officers or acceptable alternative to direct and control traffic may be required. KAKRG C13211

24 (i) Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the director of community development. Sec Denial of special event permit. A special event permit is a special privilege granted by the city and may be denied for reasons such as, but not limited to the following: (a) (b) (c) (d) (e) (f) The application is not complete in all material respects. The director of community development may allow for any additional materials to be submitted within seven (7) days of notification; All of the conditions set forth in this article and all contractual requirements imposed by the city, if any, have not been met; The special event will interfere with or unduly burden municipal services including but not limited to police, fire, and emergency medical protection, water and sanitary sewer service and solid waste removal; The permit fee has not been paid; If a violation has occurred at an event permitted by the city, the director of community development may deny permits to the operator for future temporary events for a period of no more than eighteen (18) months, or may impose additional conditions upon the operator to ensure compliance with this article; or Any other valid reason including but not limited to noise, traffic, harm to the health, safety or public welfare, as so determined by the director of community development. Sec Conditions for granting a special event permit. All special event permit applications approved pursuant to this article shall be subject to the following conditions: (a) The public areas utilized shall be cleaned within twenty-four (24) hours following any special event, and in all respects restored to its former condition unless otherwise specified. KAKRG C13211

25 (b) (c) (d) (e) All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in the permit issued by the city for the public interest of the city. A special event permit and any required Maintenance of Traffic (MOT) permit shall be issued prior to issuance of any building permits. The special event permit may be revoked by the city if any conditions listed in the permit arise anytime after the issuance of the permit and prior to or during the special event. The special event permit may be revoked by the city if permit applicant receives a non-renewal or cancellation notice from an insurance company affording coverage. Sec Public right-of-way closures. A Maintenance of Traffic (MOT) permit may be required for closure, temporary blocking off, fencing, or in any way appropriating any publicly dedicated street, sidewalk, or alley within the city for a special event. Sec Special event contract and city service fees. The city may require, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the permit holder. By such contract, the city shall require that the applicant pay to the city the municipal costs in providing services in support of the special event. The city may require that the applicant pay to the city a user fee for the use of public property. Sec Police and Fire services. (a) Police services: The police department shall review the permit application and assess the need for police services. If police services are required, the applicant will be informed of such and will take the responsibility for contacting the police department directly. The applicant is responsible for the cost of these services. The police chief or his/her designee is the final authority on the need for police service, including the number of officers and other employees required and the hours assigned. (b) Fire rescue services/emergency medical services: The fire rescue department shall review the permit application and assess the KAKRG C13211

26 need for fire rescue services, fire watch and/or emergency medical services. If such services are required, the applicant will be informed of such and will take responsibility for contacting the fire rescue department directly. The applicant is responsible for the cost of such services. The fire chief or his/her designee is the final authority on the need for fire rescue and/or emergency medical services. Sec Appeal of permit application. The applicant may appeal, by written request, the denial or revocation of a special event permit to the city manager within five (5) calendar days of the director of community development's decision. The written request shall specifically state what portion of the denial is being appealed. The city manager shall have two (2) business days to make a decision and to notify the applicant. The city shall reserve the right to charge a nonrefundable filing fee to offset all, or a portion of, the costs involved in handling the appeal. The City Manager s decision shall be the final decision of the City. Sec Markham Park. Notwithstanding any other provision of this article, the following requirements and procedures are applicable to special events at Markham Park: (a) (b) (c) Maximum capacity for special events. Because of its size and limited accessibility, the maximum daily attendance permitted for an all-day special event shall be fifteen thousand (15,000) persons. Special event permit. The person seeking permission to hold a special event at Markham Park shall obtain the applicable permit from the Broward County Parks and Recreation Division. The permit holder shall comply with all requirements of the county permit as well as all requirements of this section. The city may prohibit the on-site sale of tickets to regulate event crowds. Insurance: The permit applicant shall agree to maintain and submit with their special permit application a Certificate of Insurance evidencing the following Commercial General Liability insurance, or insurance as required herein, under this section. (1) Minimum limits of liability not less than one million dollars ($1,000,000.00) per occurrence for events expected KAKRG C13211

27 to draw less than ten thousand (10,000) persons; or minimum limits of liability not less than two million dollars ($2,000,000.00) per occurrence for events expected to draw more than ten thousand (10,000) persons. (2) The permit applicant s Commercial General liability shall endorse the City of Sunrise under either the CG Additional Insured State or Political Subdivisions Permits endorsement or the GC Additional Insured Designated Person or Organization endorsement, or equivalent endorsements. (3) The permit applicant may satisfy the minimum limits of liability required herein this Section with Umbrella and/or Excess Liability insurance provided the Umbrella and/or Excess Liability insurance is written on a follow form basis, or when required, specifically endorses the City of Sunrise as an Additional Insured, and evidences the same by a Certificate of Insurance. (4) In the event the permit applicant serves alcohol at the special event, the permit applicant agrees to maintain Liquor Legal Liability insurance at minimum limits of liability not less than one million dollars ($1,000,000.00) per occurrence for events expected to draw less than ten thousand (10,000) persons; or minimum limits of liability not less than two million dollars ($2,000,000.00) per occurrence for events expected to draw more than ten thousand (10,000) persons. This coverage requirement may be satisfied by way of endorsement to the permit applicant s Commercial General Liability insurance; however, host Liquor Liability coverage shall not satisfy this requirement. The permit applicant s Liquor Legal Liability insurance shall endorse the City of Sunrise as an Additional Insured, whether written on as a separate policy or as an endorsement to permit applicant s Commercial General Liability insurance. (5) Any coverage insurance required herein this section may be written on a designated location, date or special event only basis. (6) If the permit applicant receives a non-renewal or cancellation notice from an insurance company affording coverage required herein this Section, permit applicant shall notify the city Community Development - Planning KAKRG C13211