Ord 28-16ORDINANCE NO. 28-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA;
AMENDING CHAPTER 101, "PARKS, BEACHES AND
RECREATION," SECTION 101.32, "ASSEMBLIES" TO INCLUDE
SPECIAL EVENTS, PROVIDING A DEFINITION, AND PROVIDING
FOR THE CITY MANAGER TO PROMULGATE POLICIES, RULES
AND REGULATIONS FOR SPECIAL EVENTS; AMENDING
CHAPTER 99, "NOISE CONTROL," SECTION 99.05, "TEMPORARY
PERMITS"; AUTHORIZING THE CITY TO ISSUE A TEMPORARY
PERMIT TO ALLOW NOISE WHEN IT ISSUES A SPECIAL EVENT
PERMIT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission held a Goal Setting Workshop Meeting on February 10,
2015 where the impact of special events on the City of Delray Beach was discussed; and
WHEREAS, on June 9, 2015, the City Commission directed City staff to review the events
policy and to draft new policy and uniform guidelines for special events in order to help City staff
administer the production of special events.
WHEREAS, acknowledging these needs, the Special Events Task Force was commissioned
to make recommendations to facilitate Commission direction; and
WHEREAS, at the Match 8, 2016 City Workshop meeting, the Special Events Task Force
proposed a Special Events Policy and.Special Events Guidebook that contained recommendations
of the Task Force that were based on City Commission direction and the results of several meetings
with community residents, businesses, stakeholders, and veteran City staff involved in the
production and support of these special events.
WHEREAS, the City Commission appreciates that special events provide opportunities to
the City that build a sense of community, draw visitors and contribute to the economy; and
WHEREAS, the City Commission aspires to maintain an environment for its citizens,
businesses and visitors that does not jeopardize their health, safety and welfare of negatively impact
their quality of life; and
WHEREAS, the City Commission desires to ensure that Special Events held within the City
do not pose a serious hazard to the City's buildings, structures, parks and roads in order to preserve
the City's character and aesthetics; and
WHEREAS, the City Commission understands the importance of balancing the needs of the
City and its residents with the overall impact of special events; and
WHEREAS, based on the recommendations of the Special Events Task Force, the City
Commission desires to amend its Code of Ordinances in order to provide clarity to the definition of
special events, allow the City Manager to promulgate policies regarding special events and authorize
the use of temporary permits during special events to allow noise;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true
and correct factual findings and are made a specific part of this Ordinance.
Section 2. Chapter 101, "Parks, Beaches and Recreation," Section 101.32,
"Assemblies," of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Sec. 101.32.- ASSEMBLIES AND SPECIAL EVENTS.
6 "Special Event" shall mean an organized or planned gathering of persons having a
common purpose design or goal that is to occur on City -owned City -controlled, or private
property that has an overt impact on the services that are regularly provided by the City, such as
health, fire and police Special Events shall include but are not limited to festivals, fundraisers,
exhibitions, musical performances, races, parades, and athletic events that:
(1) Require street closings or detours such that the usual flow of pedestrians or
vehicular traffic is inhibited; or
f6 Utilize Cit property above normal usage; or
(3) Are intended to or likely to attract substantial crowds; or
(4) Are unlike the customary or usual activities generally associated with the
property; 0r
(5) Require the use of City resources financial or otherwise in excess of the
City's normal day to day operations; or
(6) Any additional criteria as deemed by the City Manager.
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Ord No. 28-16
unless a Special Event permit has been obtained in accordance with the City's adopted
Special Event Policy, which may be amended from time to time.
The City Manager is authorized to promulgate additional policies, rules and
regulations that are consistent with and that further the provisions set forth within this Section in
accordance with Florida Statutes Special Act or Resolution of the City Commission that pertain to
the conduct and operation of a special event.
Section 3. Chapter 99, "Noise Control," Section 99.05, "Temporary Permits,"
Subsection 99.05(A)(1), "Special events," of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(1) Special events. When an applicant is applying for a Special Use permit or a Special
Event permit, a temporary permit to allow noise may be granted at the same time. A special eveflIJ
> ,
Section 4. Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. All ordinances or parts of ordinances in conflict herewith be, and the same
are, hereby repealed.
Section 6. This ordinance shall become effective upon its adoption on second and final
reading.
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Ord No. 28-16
day of September, 2016.
ATTEST:
City Clerk
First Reading: September 8, 2016
Second Reading: September 20, 2016
Ord No. 28-16
SUNSENTINELCO - SOUTH FLORDA SUNSENTNEL .