15-015 1
2 ORDINANCE NO. 15 -015
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4 j AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 : AMENDING PART II, CODE OF ORDINANCES, CHAPTER 13,
6 SECTION 13 -4 CLASSIFICATION AND FEE SCHEDULE; CHAPTER
7 13, SECTION 13 -20 SPECIAL EVENTS; PART III LAND
8 DEVELOPMENT REGULATIONS, CHAPTER 1 GENERAL
9 ADMINISTRATION, ARTICLE II DEFINITIONS; CHAPTER 4 SITE
10 DEVELOPMENT STANDARDS ARTICLE IV SIGN STANDARDS;
11 PART II, CODE OF ORDINANCES, CHAPTER 3 ALCOHOLIC
12 BEVERAGES; PROVIDING FOR CONFLICTS, SEVERABILITY,
13 CODIFICATION AND AN EFFECTIVE DATE.
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15 WHEREAS, City staff has been reviewing existing code language to assure that the
16 ; Special Event process is clear and consistent through the Code of Ordinances; and
17 WHEREAS, the resulting clean up effort will facilitate greater consistency and
18 application of the Special Event process; and
19 WHEREAS, in order to expedite the review, consideration and approval process the
20 City Commission deems it to be in the best interest of the citizens and residents of the City to
21 amend the City's Code of Ordinances and Land Development Regulations as hereinafter
22 referenced.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 i THE CITY OF BOYNTON BEACH, THAT:
25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
26 herein by this reference.
27 ': Section 2. Chapter 13. Licenses. Section 13 -4 Special Events, subsection (a) is
28 i hereby amended by adding the words and figures in underlined type and by deleting the
29 words and figures in struck - through type, as follows:
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31 Ch 13 Licenses, Sec 13 -4 Classification and Fee Schedule
32 7995 Special Events (Ref. 7996) 154.35
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39 Section 3. Chapter 13. Licenses. Section 13 -20, Special Events, is hereby
40 amended by adding the words and figures in underlined type and by deleting the words and
41 figures in struck - through type, as follows:
42 Ch 13 Licenses, Sec 13 - 20 Special Events
43 Sec. 13 -20. Special Eevents -.
44 (a) Permits for Special Eevents.
45 It shall be unlawful to organize, conduct or participate in any Sspecial Eevent on the
46 streets of the Ceity or at -any - - ' . • • • - public or private
47 property unless a permit for such Sspecial Eevent has been issued by the City Manager or
48 his/her designee.
49 (b) Definition.
50 Special Event. Any meeting, activity, gathering, or group of persons, animals, or
51 vehicles, or a combination thereof, having a common purpose, design or goal upon any
52 public or private facility, street, sidewalk, alley, park or other place or building where the
53 Sspecial Eevent substantially inhibits the usual flow of pedestrian or vehicular traffic or
54 which occupies any public area or building and preempts use by the general public. A
55 Special Event shall include but not be limited to city co- sponsored events, festivals,
56 carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block
57 parties, grand opening promotions, and other similar events not specifically permitted by
58 Ceity Oerdinance. Merchandise sales under a tent on private property which have no other
59 related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event
60 permit; however, applicant must still obtain the proper Special Sales Event Approval (ref Part
61 III LDR Ch 2.V.4) and Building Permit, if applicable. City . E : . : - . • ' - - . .. :
62 Parks Depatmentevents, and events produced in partnership with the City, may receive a
63 permit waiver by the City Manager or designee. - - - - - - - - - .
64 ; Special Event Handbook. A publication issued by the City of Boynton Beach
65 ' _entitled "Special Event Handbook" which sets forth procedures for
66 the application process and Ceity requirements for Sspecial Eevents ac tivities , an d w hi c is
67 i attached hcrcto as Exhibit "A" and madc a part hereof. This booklet may be amended from
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68 time to time by the City Manager or his or her designee; however Special Event Permit Fees
69 shall be established and amended by resolution of the City Commission.
70 (c) Application for a special event permit.
71 (1) Any person, business, or organization seeking to conduct a Sspecial event in the
72 Ceity shall file an application with appropriate fee, for a special event permit with—the
73 on forms provided by the city_, . . - - - . .. - -
74 prior to the event: A fee will be charged for events which are canceled.
75
Expected Attendance (persons) Deadlines e )
Lcss than 500 One -month
501 to 5,000 Three months
5,001 to 50,000 Six months
lie - months
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78 (2) All information solicited on the Sspecial Eevent permit application form must be
79 provided by the applicant. Incomplete information may result in denial of the permit
80 application.
81 (3) For events with an expected attendance of 50,000 persons or greater, a letter of
82 intent shall be filed at least one year prior to the event with the City Manager dcscribing
83 . . - , •- - - . •. . . - .
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85 (43) • - ... _ - - _ _ . . .. -, Tthe City Commission— Manager or
86 designee reserves the right to waive application filing deadlines on a case by case basis.
87 (d) Standards for issuance of permit. A Sspecial Eevent permit shall be issued by
88 - - ' .- . - unless:
89 I (1) The application is not complete in all material respects and all information
90 contained therein accurate within the knowledge of the Special Events
91 GeerdinatefApplicant;
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92 (2) All of the conditions set forth herein, and all contractual requirements
93 imposed by the Ceity, if any, have not been or will not be met;
94 (3) The Sspecial Eevent will interfere with or unduly burden the Ceity's
95 provision of municipal services to the community including, but not
96 limited to police, fire and emergency medical protection, water and
97 sanitary sewer service, risk, and solid waste removal;
98 - - . .. • • . • - - • - • . - .
99 (4 5) The appropriate fees - .. • - .. - - • -
100 hashave not been paid.
101 (e) Conditions for permit. All Sspecial Eevent permit applications approved
102 pursuant to this article shall be subject to the following conditions:
103 - - ... • .. • • . .. .. Sspecial Eevent
104 and in all respects restored to its former condition. A refundable security
105 bond, or similar financial pledge, may be required in amount to be
106 determined by the ity Manager or designee, to
107 ensure that any damage is repaired and the premises returned to its
108 previous condition.
109 (2) The use or construction of platforms, chairs or other equipment may be
110 prohibited or restricted by the Recreation Department and /or the City
111 Manager or designee, if such would result in permanent damage to Ceity
112 property or constitute a hazard to public safety.
113 (3) A detailed site plan shall be submitted showing the locations of any tents,
114 port-o -lets, parking lots, stages, booths, and the like, and the time periods
115 for set up and break down of the event. This plan shall be subject to
116 review and approval by city and-staff.
117 (4) All city ordinances, rules or regulations applicable to thc use of thc city
118 property on which the special event will occur shall be obeyed, unless
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120 (54) Indemnification and insurance, listing the City as an additional insured,
121 to protcct the city shall be provided as required by the City's Risk
122 .
123 (65) Unless extended by the ' - • . ! - .. -- - - - - ity Manager
124 or designee, all permits necessary to conduct the Sspecial Eevent shall be
125 obtained and copies thereof provided to the Ceity not less than 4-4-5
126 business days prior to the first day of the event.
127 (76) When a city employee is required at a special event, he /she shall
128 -
• .• -,. -.
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130 holder for the special event will be provided with a copy of said
131 evaluation, The need for a Ceity employee at the Sspecial Eevent will be
132 determined by the City Manager or his/her designee.
133 (efl Enforcement /penalty. It shall be unlawful to operate or hold any Sspecial
134 Eevent in the Ceity without compliance with this section. Failure to comply with this
135 section shall be deemed a violation of the city code punishable by up to a $500 fine
136 and/or 60 days in the county jail.
137 ; (g) Right to deny issuance, revocation; right of appeal. The City may refuse to issue.,
138 reissue or revoke any Special Event permit which violates any portion Section 13 -20.
139 An applicant whose Special Event permit has been denied or revoked may, within ten
140 (10) calendar days of the denial or revocation, file a written appeal of the denial or
141 revocation to the City Manager for review.
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143 Section 4. Part III, Land Development Regulations, Chapter 1. General
144 Administration Article II, Definitions, is hereby amended by adding the words and figures in
145 underlined type and by deleting the words and figures in struck - through type, as follows:
146 Part III LDR Chl General Administration Art II Definitions:
147 RECREATION AND PARKS DEPARTMENT SPECIAL EVENT - Any meeting,
148 activity, gathering, or group of persons, animals, or vehicles, or a combination thereof,
149 having a common purpose, design or goal upon any public or private facility, street,
150 i sidewalk, alley, park or other place or building where the Sspecial Eevent substantially
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151 inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or
152 building and preempts use by the general public. A special event shall include, but not be
153 limited to Ccity co sponsored events, festivals, carnivals, concerts, parades, walks, races,
154 fund raising sales and similar gatherings, block parties, grand openings, promotions, and
155 other similar events not specifically permitted by Ceity °ordinance. Merchandise sales
156 under a tent on private property which have no other related activity, i.e. food sales or
157 entertainment, are exempt from obtaining a Sspecial Eevent permit; however, applicant must
158 still obtain the proper Special Sales Event Approval (ref. Part III, Ch 2.V.4) and applicable
159 building permit.
160 '.- ! • • • ! ' • ' _ ! . ' • ' `' .. • SPECIAL EVENT HANDBOOK - A
161 publication issued by the City of Boynton Beach entitled "Special Event Handbook" which
162 sets forth procedures for the application process and Ceity requirements for Sspecial Eevent
163 activities.
164 SPECIAL EVENT Sec "Recreation and Parks Department Special Event."
165 - ' _ • - - • - . . ! e _ - -- . . . . e .. - - -- _. -. -. -
166 HafklIsfeol0
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169 Section 5. Part III, Land Development Regulations, Chapter 4, Site Development
170 Standards, Article IV, Sign Standards, is hereby amended by adding the words and figures in
171 underlined type and by deleting the words and figures in struck - through type, as follows:
172 Part III LDR Ch4 Site Development Standards Art IV Sign Standards
173 B — Temporary Signs
174 4. Banners.
175 d. Miscellaneous. All banners, regardless of location, shall be removed within twelve
176 (12) hours upon the posting of a tropical storm or hurricane watch. Banners may be used in
177 the following types of temporary signage: 1) project development signs; 2) construction
178 sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) recreation and
179 pas— Sspecial Eevent sign. The provisions of this subsection do not apply to the
180 aforementioned type of temporary signs. See the appropriate subsections of Code and their
181 respective regulations for each type of aforementioned sign.
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182 ! 9. ' - - - : • : - :.- : ' : ! - :: - - - Special Event Sign. Any sign or banner proposed in
183 conjunction with a • - : • : : .: . .. - - - Sspecial Eevent is regulated separately
184 and shall comply with City Code of Ordinances Part II, Chapter 13, Article I, Section 13 -20.
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186
187 Section 6. Part II, Code of Ordinances, Chapter 3, Alcoholic Beverages, is hereby
188 , amended by adding the words and figures in underlined type and by deleting the words and
189 figures in struck - through type, as follows:
190 Part II Ch3 Alcoholic Beverages
191 Sec. 3 -5. Possession or consumption prohibited.
192 (a) The following unlawful acts are prohibited:
193 (4) It shall be unlawful for any person to consume or possess any alcoholic beverage
194 upon the public streets or alleys of the Ceity, or outside of any building in a nonresidential
195 zone of the Ceity, unless there are seating arrangements for patrons at permanent tables
196 ; provided by an establishment licensed to sell alcoholic beverages. Prod however
197 Tthe Ceity Mmanager may grant a permit for a Sspecial Eevent (such as a building
198 dedication, nonprofit activity, or the like) in a defined location for a period not to exceed
199 twelve (12) hours per day, permitting allowing the serving and consumption of alcoholic
200 i beverages on public or • , - . ' - . - • . - , : private, non -
201 residentially zoned property. To receive such a permit, an applicant must mal
202 lcast seven (7) days prior to the cvcntsubmit the request at the time of Special Event
203 application. Any permit granted hereunder may be conditioned upon the applicant complying
204 with such terms and requirements as are necessary to protect the public health, safety and
205 welfare.
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207 Section 7. Each and every other provision of the Code of Ordinances and Land
208 Development Regulations of the City of Boynton Beach not herein specifically amended
209 shall remain in full force and effect as previously enacted.
210 i Section 8. All ordinances or parts of ordinances in conflict herewith be and the
211 same are hereby repealed.
212 Section 9. Should any section or provision of this ordinance or portion hereof,
213 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
214 invalid, such decision shall not affect the remainder of this ordinance.
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215 Section 10. Authority is hereby granted to codify said ordinance.
216 Section 11. This ordinance shall become effective immediately upon passage.
217 FIRST READING this 2 day of June, 2015.
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219 SECOND, FINAL READING AND PASSAGE this 4 t' day of
220 2015.
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222 CITY OF BOYNTON BEACH, FLORIDA
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224 YES NO
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226 Mayor — Jerry Taylor
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228 Vice Mayor — Joe Casello
229 /
230 Commissioner — David T. Merker
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232 Commissioner — Mack McCray
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234 Commissioner — Michael M. Fitzpatrick
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237 VOTE
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239 ATTEST:
240
241
242 r4 e c r (we.
24 3. , cy et M. Prainit MC
244 ' City Clerk
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246
G �- Y °
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248 (Corporate Seal)
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