6679-01
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ORDINANCE NO. 6679-01
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SPECIAL EVENTS; AMENDING SECTION 22.72
TO ADD DEFINITIONS; AMENDING SECTION 22.82, SPECIAL
EVENT APPLICATIONS, AND AUTHORIZING THE CITY
MANAGER TO SET APPLICATION FEES; AMENDING SECTION
22.83, CONDITIONS; AMENDING SECTION 22.84 TO PROVIDE
THAT THE CHIEF OF FIRE SHALL RECEIVE A COPY OF
APPLICATIONS; AMENDING SECTION 22.85, GROUNDS FOR
DENIAL; AMENDING SECTION 22.86, APPEAL OF DENIAL;
AMENDING SECTION 22.87, REVOCATION; AMENDING
SECTION 22.89 REGARDING ALCOHOLIC BEVERAGE
SPECIAL EVENT PERMITS; AMENDING SECTION 22.90 TO
DELETE THE CONDITION THAT ALCOHOLIC BEVERAGE
SPECIAL EVENT PERMITS MUST BE ISSUED IN
ASSOCIATION WITH A PUBLIC EVENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater Special Events Committee has studied the
implementation of the Special Events Ordinance and has recommended amendments to
said Ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 22.72 of the Code of Ordinances is hereby amended to read
as follows:
See. 22.72. Definitions.
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Special event means any meeting; activity; parade; gathering; group of persons,
animals, or vehicles; or a combination thereof, having a common purpose, design or
goal, upon any public street, sidewalk, alley, park, beach or other public place or
building, which special event substantially inhibits the usual flow of pedestrian or
vehicular travel or which occupies any public area or building which results in
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preemptive use by the general public or which deviates from the established use. The
term "special event" shall not be construed to include a block party or a Park Usaoe
event.
Special Uses as defined in NFPA 1. Fire Prevention Code. as adapted bv Code of
Ordinances Sections 17.32 and 17.33. Special uses shall include. but not be limited
to. events or occurrences where threatenino life safety situations or fire hazards exist or
are likelv to exist as determined bv the authority havino iurisdiction
City Co-sponsorship means a specificallv identified level of support authorized bv the
City Commission intended to assist the primary event promoter with the production of
an event. This support may ranoe from the use of the City of Clearwater name and
logo to cash contributions and/or in-kind City support services. The specific level of co-
sponsorship shall be clearlv specified in the approval letter. This co-sponsorship
authorization is valid for one year at a time.
Section 2. Section 22.82 of the Code of Ordinances is hereby amended to read
as follows:
See. 22.82. Application.
(1) Special Event Application
. a) A person seeking issuance of a special event permit shall file an application
with the city manager on forms provided by the city.
.Ill An application for a special event permit shall be filed with the city manager
not less than 30 calendar 49 days and not more than 12 months before the
proposed special event date. In extenuating circumstances. the city manaaer
may waive this 30-dav rule.
(2) City Co-sponsorship Application
a) A person seeking anv level of City co-sponsorship of a special event shall file
an application with the city manager on forms provided by the city and
containino information re.,garding the time. date. location. number of
participants. utilities needed. security. cleanup arranoements. amplification.
and other information relevant to the event.
b An a Iication for an level of Ci co-s onsorshi of a s ecial event shall be
lied with the Cltv manager etween anuary st an ovem er st or events
occurrina during the followina fiscal year beainnino October 1 st. In
extenuafino circumstances. tne city manaoer may waive this rule.
(a) Tho al3l3lioation for a sl3esial e'/ont l3ermit shall inol~ete tho following information:
(::1) Tho name, etate of birth, address and tolephono n~mber of tho pOFson
sooking to oond~ot SblSt=J s~ooial o'/ent;
(b) Tho purpose ef the GJ:}ooial event;
(0) If tAe sl3eaial event is J:}rofJeseEt to ~e seAduotod for, on l3ehalf of, or by an
. organizatieA, tAe Aamos, adeh=esses and telefJAono numbors of the Aoadquartofs
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of tho Ofganizatisn aRd of tt:1e autt:1orizeej anej r{)sl=lsnsiBle hl3aejs of sl:loh
organization;
(d) The ultimato I:ISO sf not proool3ejs frsm tho spooial l3vent;
(0) TAo namo, aejdress anej tolel=lt:1ono numbor of tho pClFSon who '.viII bo
rosl=lonsiBlo fer oonejuotiRg thCl spooial evont;
(f) The ejatos WhClR the sl=looial oveRt is to 130 eondl:lotod, the hours of suoh
ovont anej tt:1o 10Gation;
(g) Tho ostimatod RI:uflger of partioil=lants or those othorv:iso at:tondin~, and
tho l3stimated Rumbl3r of vohiolos partioipating or parkin~ noar the evont. If the
o'.'ont is a parado, tho ostimatod numBer of units in l3Boh oatogory, suoh as band,
marohiRg units, floats, oars, oto.;
(h) ThCl Rumbor, typClS, 10Gation aRd I=lFO'Jision fer toill3t faoilitios durin~ thCl
o':ont;
(i) ^ statomont desoribin~ wAat pertion of "my stroot '....iII 130 oooupiod BY tho
ovent;
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U) \l\J.hether aRY ml:lsiG will Be pro\'idoej, tho heurs of duration ana leoation of
suoh baRds er loudspeakem, aloR~ witt:1 tho numBeFS and typos ef suoh
amplifioFS er otRClr Sl:lGt:1 eje\'iGes;
(k) LOGatioR ef assemBly aRd disBBnejment aroas fer tho ovant anej propesod
timo of assombly aRej distaandmeRt;
(1) Previsiens for Gloanul=l after tRe OORGIl:JsioA of tRe spoGial oVClAt;
(m) PFOvisioAs, if any, fer soourity, tranio oontrol anej orowej Gontrol;
en) Intont to havo food and drinks and 'JJhother or not suoh feod or ejrinks 'Jlill
~g~I~~:~:1~f~~g:=I~~f;-:~ ~os~~~r~~~o~:~ ~~!g~~; and
(0) Pre\'isioRs fer aRY noeded oleGtrio pOl/tor;
(p) 'JVI:lothl3r asmissien fees '/IiII tae ohaF€lod or I=lrizes gi\'on aAd the sellar
ameunts in'.'ol'Jeej;
(q)
ill Provision of a policy of liability insurance shall be reauired where the special event
involves more than 50 persons or vehicles, naming the city as an insured in the
amount of $500,000.00. In the case of parades, the insurance will cover the
assembly area in addition to the parade route. If vehicles are to be used in a
parade, proof of vehicle liability insurance must be provided by the owners of such
vehicles.
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(4) The applicant shall agree to a full and accurate post event report and submit the
post event pro\'ieje report within 30 days four \a:ooks subsequent to the event.. Failure
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to complv with this reauirement may ieopardize approval of future special event
applications from this applicant. oontaiAing mGoipts, eisbursomonts, numbor of
partioipants, and ethor eata inolbleod on the apfllioation.
(5) The city manager shall waive the requirements of insurance contained in
subsection (3)(q) of this section where the applicant presents evidence of
financial disability or inability to obtain an insurance company that will provide the
insurance. Financial disability shall mean lack of present funds with which to pay
the premium associated with the policy of insurance described in this section.
(6) The city manaaer shall have the authority to charae a reasonable special
event/cosponsorship application fee to cover administrative costs of processina.
Section 3. Section 22.83 of the Code of Ordinances is hereby amended to read as
follows:
See. 22.83. Conditions.
Permits issued pursuant to this division shall be subject to the following conditions:
(1) A permit may be revoked upon discovery by the city manager that any of the
conditions set forth in section 22.85 exist.
(2) Special e.vents may ~mly be. ap'prqved for daylight hours except in areas
possessing appropnate artificial light.
.@l The chief of police or the fire chief may stop a special event if the continuance of
the event end.anaers life or properi'L whem a broaoh of tho 130000 ic oGourring
or an activity In tho natblre ef a fi~-eGE*:lFFee
(4) The public forum area is to be left clean and undamaged following any special
event.
(5) The city manager shall have the authority to restrict, limit or prohibit the use or
construction 01 platforms, chairs, or other equipment if he finds that their use
would result in damage to city property or constitute a hazard to safety or would
block or infringe upon some other lawful use of the public property.
(6) The grant of the permit shall not entitle the applicant to violate any other general
park rules or regulations, or regulations applicable to the use of public property
adopted by ordinance.
The ci mana er shall have the authori to a rove the level of fees or A
eposlt~ require were a request IS ma e to use city services, 9f
equipment, or property for a special event.
(8) The conduct of the event will not substantially interrupt the safe and orderly
movement of other traffic contiguous to its route.
(9) The conduct of the event will not require the diversion of so great a number of
police officers of the city to properly police the line of movement and the areas
contiguous thereto as to prevent normal police protection to the city.
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(10)The conduct of the event will not require the diversion of so great a number of
ambulances and fire rescue units as to prevent normal ambulance and rescue
service to portions of the city other than that to be occupied by the proposed line
of march and areas contiguous thereto.
(11 )The concentration of persons, animals and vehicles at assembly points of the
event will not unduly Interfere with proper fire and police protection of or
ambulance service to areas contiguous to the assembly areas.
(12)The conduct of the event will not interfere with the movement of fire fighting
equipment en route to a fire.
(13)The conduct of the event is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct or create a disturbance.
(14)The event is scheduled to move from its point of origin to the point of termination
expeditiously and without unreasonable delays en route.
(15)Reimbursement to the city for expenses and fees charged for a prior such event
or parade.
(Code 1980. & 116.36: Ord. No. 6061-96. & 1.7-18-96: Ord. No. 6211-97. & 1. 11-20-
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Section 4. Section 22.84 of the Code of Ordinances is hereby amended to read
as follows:
Sec. 22.84. Certain officials to receive copy.
Immediately upon the issuance of a special permit, the city manager, or designee, shall
send a copy thereof to the following:
(1) City attorney;
(2) Traffic engineer;
(3) Parks and recreation director;
(4) Chief of police;
(5) Harbormaster~~
(6) Chief of Fire.
Section 5. Section 22.85 of the Code of Ordinances is hereby amended to read
as follows:
Sec. 22.85. Grounds for denial.
(1) Within fifteen taR business days of the filing of the application for a special event
permit, the city manager shall send the applicant written notice by regular United States
mail of the acfion he f1as taken on the application and the specific reasons therefor. The
permit for the special event shall be granted unless one or more of the following
conditions is found to exist:
(a)
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The application is incomplete in a material respect.
The application has been fraudulently completed.
A prior permit has already been issued for the same area requested within
the same calendar month.
The application is not for an available public area.
(d)
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(e) An adjacent public area has already been scheduled for use at the same
time and simultaneous uses cannot be accommodated.
(f) The estimate of the anticipated attendance is in excess of the maximum
designated as allowable for the area.
(g) The chief of police has factual knowledge that the applicant or sponsoring
group specifically intends to cause or create imminent lawless actions in
connection with the special event. Anticipated violence on the part of
persons unassociated with the applicant or sponsoring group shall not be
considered.
(h) Chief of Fire has knowledge that a soecial event fails to comoly with
aoolicable fire and life safety laws and is considered a danaer to oublic
health. safety and welfare.
(2) Where denial occurs by reason of the conditions set forth in subsections (1)( c)
through (f) of this section, the city manager shall inform the applicant of the existence of
a reasonable equivalent site, if available and uncommitted, which shall be held for the
applicant for a period of five business days, pending reapplication by the applicant for
ttie alternate site.
(3) Nothing contained in this section shall permit the city manager, or designee, to
deny a permit based upon political or religious grounds or reasons.
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The orevious event aoolication was incomolete in a material resoect
causino undue hardshio uoon the resources of the City of Clearwater.
The aoolication had been fraudulently comoleted and misreoresented the
intent and conduct of the event.
The aoolicant failed to comolv with the conditions stipulated in the
aoorovalletter.
The venue is no longer available for an event of that classification..
The event is not comoatible with the adiacent oublic or private area.
The estimate of the anticioated attendance is in excess of the maximum
desionated as allowable for the area.
Section 6. Section 22.86 of the Code of Ordinances is hereby amended to read
as follows:
(a)
. (b)
(c)
(d)
(e)
(f)
Sec. 22.86. Appeal of denial.
(1) An applicant denied a soecial event permit required by this article may appeal
the decision of the city manager to the city commission by filing a written notice of
appeal with the office of the City manager within five business days of the mailing of the
decision of the city manager denying the permit.
(2) Such appeal shall be heard and decided by the ci~ commission within seven
days of the filing of the appeal. The applicant shall be notified 24 hours before the
hearing. Such applicant may appear at the hearing in person and be represented by
counsel. Evidence on the applicant's behalf may De presented at such hearing. The city
manager shall state his reasons for denying the permit and shall provide any other
evidence supporting such denial. The city commission shall have authority oy a vote of
a majority of its members to affirm, reverse or modify the decision of the city manager.
Such decision shall be in writing and contain the reasons therefor. The deCision in
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Section 8. Section 22.89 of the Code of Ordinances is hereby amended to read as
follows:
Sec. 22.89. Alcoholic beverage special event permit; city property or
sponsorship.
(1) Sale and/or consumption of alcoholic beverages at a special event located on
property owned by the city and 9f where the city is a sponsor or co-sponsor of the event
may be authorizea by issuance of an alcoholic beverage special event permit.
(2) A person seeking approval for such sale and/or consumption activity shall file a
separate application with the city manager, or designee, on forms provided by the city.
(3) The application shall be filed not less than 15 days prior to the proposed special
event.
(4) The application for an alcoholic beverage special event ~ermit shall include, in
addition to any information, which is required under section 22.82, the following
information:
(a) Diagram depicting areas within the event venue within which beverage
sales are to occur.
(b) Documentation of state alcoholic beverage licensing.
Section 10. Section 22.90 of the Code of Ordinances is hereby amended to read
as follows:
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. Sec. 22.90. Conditions; alcoholic beverage special event permit.
Permits issued pursuant to section 22.59 for sale and/or consumption of alcoholic
beverages at a special event shall be subject to the following conditions in addition to
those contained In section 22.83:
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(5) Tho propoGod Galas and/er seRsl:Imption aotil.'ity ml:lst bo assooiatod with a J:ll:lbljo
avant.
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Section 11. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
January 18, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 1, 2001
4- 4/fJ~
Brian' . Aun~ '
Mayor-Com Issioner
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Approved as to form:
Attest:
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'/;~~~~~0wL
.JrJ Cynt a . Goudea.tf- . f I
-0 City Clerk 0 ,
Leslie K. Dougall- es
Assistant City Attorney
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Ordinance No. 6679-01