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Ordinance 10-1928 ORDINANCE 10 -1928 AN ORDINANCE OF THE CITY OF LONGWOOD,. FLORIDA, � LVAMENDING CHAPTER 58 IN THE CITY CODE ll' I O ". 1LdIl�IACES; Pl''OVIDI G FIR A ES1DEN 9 S C IRIMINATOR; AMENDING THE DUTIES OF THE • SPECIAL EVENTS C•OR.IMNATOR; PROVIDING FOR ADDITIONAL RESIDENTIAL NEIGHBORHOOD PR I TIECTII(IN; PROVIDING FO i•' CONFLIICTS AND SEVER ABILITY; AND ESTABLISHING AN EFFECTIVE • DATE, WHEREAS, the City Commission of the City of Longwood desires to amend its City Code to provide further protection to residents affected by special events within the City; NOW THEREFORE, BE IT ENACTED by the City Commission of the City of Longwood, Florida as follows: SECTION 1. City Code Chapter 58 is hereby amended as follows: Sec. 58 -62 IT efinitionne The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Special events coordinator means a City staff person appointed by the city administrator to coordinate management of special events in relation to permit applications, approvals, and the impact of the event on city services, and upon the residents who live within and a li cernt to the Jpecial event. The special events coordinator shall serve as the liaison between the applicant, and the special events committee; and between the applicant and the hnn,,'acted residents. Sec, 58 -81. Application for Special events; time for submission; contents. (a) Anyperson or entity desiring to hold a "special event" within the city shall submit an application to the special events coordinator. No application will be considered for approval unless it is filed in a timely fashion. An application is not filed in a timely fashion unless for Class A special events it is submitted at least 90 days but no more than 365 days prior to the event; for Class B special events it is submitted at least 30 days but no more than 365 days prior to the event; and for Class C special events it is submitted at least seven days but no more than 180 days prior to the event. The application shall be upon a form approved by the city and available at city hall. (b) In order to be considered for approval, an application submitted to the special events coordinator must contain the following information: (1) Name, address and telephone number of applicant. (2) Type of proposed event and description of planned activities. (3) Date and times of major event activities, including daily beginning and ending times. (4) Estimated number of people expected to attend the event each day. (5) Location of event, including detailed site plan specifying location of major event attractions and activities. (6) Whether "stages" are to be utilized, and if so, how many. • (7) Whether amplified sound is to be utilized and, if so, from how many sources. (8) Whether tents and canopies are to be utilized and, if so, how many. (9) Whether food and beverages will be sold by event vendors. (10) Whether merchandise other than food or beverages will be sold by event vendors. (11) Whether there wffl be an irn;ract on an; residential neighborhood as a result of the event. (c) Upon receipt of a completed application, the special events coordinator shall review same and determine if the proposed event should be classified as a Class A event, a Class B event, or a Class C event, as these categories are defined in section 58 -62. (1) If the proposed event is determined by the special events coordinator to be a Class C event, then the special events coordinator shall decide whether to issue a permit authorizing the event. hn deciding whether to issue a permit authorizing the event, the special events coordinator shall be guided by the criteria set forth in subsection (e) of this section and may request the applicant to provide additional information necessary to the decision- making process. The special event coordinator could schedule a planning meeting with the applicant and special event committee if deemed appropriate. • (2) If the proposed event is determined by the special events coordinator to be a Class B event, the city administrator shall decide whether to issue a permit authorizing the event. In deciding whether to issue a permit authorizing the event, the city administrator shall be guided by the criteria set forth in subsection (e) of this section and may request additional information necessary to the decision- making process. The special event coordinator could schedule a planning meeting with the applicant and special event committee if deemed appropriate. (3) If the proposed event is determined by the special events coordinator to be a Class A event, then the special events coordinator shall schedule a "planning meeting," to be attended by the special events committee, the applicant's authorized representatives (including the applicant's designated event planner and designated safety officer, if any) and the special events coordinator. At the planning meeting, all aspects of the proposed event ancl. its impact upon the city and the • surroundiiw residential neighborhoods shall be €hseass -ed considered. As a result of the planning meeting, the special events committee shall, within seven days of the meeting's conclusion, prepare a written report which: a. Specifies any concerns held by the committee regarding the potential. impact of the event upon any city department or city service. b. Specifies any concerns held by the committee regarding the ability of any city department to furnish the level of services required to satisfy any need • which the event will likely create. c. Makes specific recommendations or findings regarding the number of city employees and "employee hours" in excess of "nonnal" staffing requirements, which each city department will likely be required to devote to servicing the event, and the expected cost to each department of the additional staffing requirements. d. Details any offers made by the applicant at the planning meeting to modify the application to address concerns raised during the planning meeting. e. Makes specific recommendations regarding any terms or limitations which should be required as a condition of event permit approval and which are necessary for the protection of the public and its health and safety. The report of the special events committee shall be forwarded to the city commission. f . Deter nmhies ti �peciafl n needs of residents impacted by the S ! ccia1 Event, and assigns a Citv sta r soar to a.t as the Residennt's Coordinator. (d) All applications for Class A. event permits shall be considered by the city commission, at the first available city commission meeting held after the planning meeting, provided the written report of the special events committee has been prepared and furnished to the city commission and the agenda and public notice requirements of the commission have been satisfied. Otherwise; the event application shall be considered at the first regularly scheduled city commission meeting held after the commissions' receipt of the written report and for which the commission's .agenda and public notice requirements can be satisfied. • (e) Before granting an application for a special event. permit, the city commission must find that: (1) The proposed event will not unduly adversely impact neighboring businesses or residents. • (2) The proposed event will contain provisions for adequate and convenient parking. for residents if the streets are to be closed. (3) The proposed event will not obstruct the front facade of a retail business. (4) The proposed event will not present an unacceptable risk to the safety of the public. (5) The proposed event will not generate unacceptable levels of noise, taking into account the location at which the noise is to be generated, the time when the noise is to be generated, and the impact upon those who may be affected. (6) The proposed event will. not exceed the city's ability to provide necessary services, including but not limited to police, fire, medical, and sanitation services. (7) • The proposed event will not unduly adversely impact city owned or publicly - owned property. (8) The proposed event will not disrupt vehicular traffic flow and /or pedestrian traffic flow to the extent that the safety or convenience of the public is unreasonably impacted. (9)• Conditions, terms, or limitations can be fashioned which, if implemented, will satisfy the city's obligation to safeguard the public's health, safety, and welfare; and, the applicant is willing to accept and comply with said conditions, terns, or .limitations. (f) Upon a finding by the city commission that the criteria set forth in subsection (e) of this section have been satisfied, the city coimmission shall approve issuance of a special event permit, subject to those conditions, terms or limitations which the commission finds necessary for the protection of the public's health, safety, and welfare, which may include but not be limited to the applicant's payment of fees and /or costs provided for herein. In the event the commission deterinines that one or more of the criteria set forth in subsection (e) of this section has not been satisfied, the commission shall deny the permit but shall specify the issuance criteria which the commission has determined the applicant failed to satisfy. (g)' All special event applications shall be considered for approval in the order in which the completed applications are submitted. However, if applications for Class A, Class B, and Class C special events are simultaneously pending, and the approval of one of the applications will adversely impact one or more of the others, preference shall be given first to the application for the Class A event, next to the application for the Class B event, and finally to the application for the Class C. event. (Code 1982, § 14- 11(b)(1)) See. 58403. Assessment Of fees. If a special event permit is approved,. the applicant may be assessed fees which shall include, but not be limited to, the following: • (1) Daily fee for each day of the event. For purposes of this article, "day of the event" •shall include any portion ofa day. (2) Police fees. (3) Fire/EMS. (4) Public works fees. (5) Vehicle fees. (6) Any other fee which the city commission finds reasonable and necessary to provide for the public health, safety, and welfare. (Code 1982, § 14- 11(b)(2)b) See. 58431. Performance bond; security for damage to public property. Security for damage to public property shall be provided by the "Class A" permit applicant in a cash bond in the amount as set out in appendix B to secure restoration of any public property damaged within 600 feet of all property line boundaries of the special event, and. within 24 hours of the conclusion of the event, to warrant that the same shall be free of trash, garbage, litter and any other debris and that the said. property shall be placed in the same conditional state existing prior to the special event. Tire aocgal IEveants Coondltinaton or his designee shall inspect the public property impacted by the special event on the days immediately prior to and following the conclusion of the event to confirm compliance.. The performance bond shall also be conditioned, to cover any nonpaid expenses incurred by the city for any additional services, any fee deficit the estimated fee and the actual fee, additional personnel costs due to schedule adjustments and any other impact to existing city services not approved prior to the special event. The applicant(s)' liability for damages to city property as described in. this section above is not limited to the amount as set out in appendix B. (Code 1982, § 14- 11(c)(1)) Sec. 58 -135 Public flaw enforcement. (a) Unless otherwise authorized by the city commission, the police department shall be the sole provider for public law enforcement services. The number of public law enforcement personnel required to service the special event shall be determined in the planning meeting with final approval by the city. (b) The Chief of Police or his designee shall determine the number of officers required for security at the planning meeting based on city requirements, applicant needs, traffic • control, parking and required protection of adjacent sites within 1,500 feet of the property on of which the special event is held. Additional officers may be authorized or required, depending upon the character and risk factor of the proposed special event. (c) The city, in consultation with the applicant, shall establish the appropriate time frames in which public law enforcement is needed for each aspect of the special event. The applicant will provide a tentative schedule of activities for each day of the event at the planning meeting. Because the final activities schedule may change, the Chief of Police shall have the authority to adjust the work schedule to cover any activities that may require additional or fewer public law enforcement services. Fees for police services may vary due to scheduling adjustments determined and approved on -site by the Chief of Police and the applicantL1 during the event. Any additional fees generated by scheduling adjustments shall be the responsibility of the applicant. (d) If the scope of the event exceeds the city police department's manpower capacity, the city administrator may contract with other law enforcement agencies to provide additional resources. All contractual law enforcement personnel will work under the supervision of the Chief of Police or his designee, and will be assigned accordingly. Sec. 58-142. Location of public parking; transportation services. If required, the applicant shall be responsible for submitting a plan that allows for adequate public parking and transportation services to the event site. Attention shall be given to traffic circulation and emergency access for police, fire, and medical personnel. Adequate and convenient parking shall be provided for residents located within the special events area. The Longwood staff person assii■ned as the I' esident Coordinator shall issue !*asses and distribute them to the residents no later than twenty -four (24) hours prior to the start of the event. The applicant may be required to post approved signage at all designated parking. • All. signs will be removed within 24 hours of the event closing. Written permission from property owners approving off -site parking shall be provided. The applicant shall designate handicapped-- accessible parking pursuant to state statute. The applicant shall designate and maintain adequate and easily accessible parking location for all police, fire protection and emergency medical service vehicles on site. Failure to provide for adequate parking and/or transportation services shall be grounds for event disapproval. (Code 1982, § 14- 11(0)(12)) SECTION 2: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance shall control to the extent of the conflict. SECTION 3: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto any person or circumstance is held invalid, that invalidity shall not effect other sections or words or applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by the severance of such preempted or superseded part. SECTION 4: This Ordinance shall take effect immediately upon its adoption. �; 4_ -� 2010 PASSED AND ADtO1 ADOPTED T 1�>tS�r� DAY OF ,a.- 11.fi %{� °� L. n � OT, MAYOR f, r AT t +T� e r j r ' { $ M. ly elf, BA, CITY CLERK � • of Approved as to form and legality for the use and reliance of the City or Longwood, Florida, only. • DAR—a, LANGLI - , r'1 z. T NE—Y—