03-12-2002 - Workshop
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Mayor Donald A. Schmidt
District 1 Councilman James P. Brown
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attomey Scott A. Cookson
City Clerk Susan J. Wadsworth
Legal Assistant Robin L. Matusick
Ass!. to City Mgr. Elizabeth J. McBride
March 7, 2002
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::':;.PUBLIC 'NOTICE~
The City Council. of Edge water wili hold a workshop'session at 6:30'p.m.,
Tuesday, March 12,2002, in the Community Center. The purpose of the meeting is
to discuss Draft #3 of the Noise and SpeCial Activity Ordinances.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to
any matter considered at a meeting or hearing, that individual will need a record of the proceedings
and will need to insure that a verbatim record of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate
in any of these proceedings should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the
meeting.
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CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(386)424-2404 FAX-(386)424-2421
CALLS FOR BIKE WEEK 3/2 - 3/10
NO NAME SALOON CALLS NOTED:
3-7-02 THURSDAY CALLS
· S-22 verbal 8pm gone on arrival
· S-22 assault 10pm arrest made referral by no name staff
3-8-02 FRIDAY CALLS
· Illegal parking call 3:08pm 1905 S riverside drive, vehjcle removed
· Medical call 3: 14 pm man fell out of tree
· S-22 verbal 3:20pm Mr. Anderson / owner no name, officer resolved
· Illegal parking call 7:09pm vehicles removed
· S-88 loud music call 11: 13pm music turned down
RICH'S PLACE
3-7 -02 (Thursday)
· S-88 loud music call 7:00pm, music turned down
3-8-02 (Friday)
· S-88 10: 11 pm loud music, turned down
NOTE - A total of four vehicle accidents were investigated during this time
period.
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Date: March 11, 2002
To: Chief Tracey Barlow, Fire Chief
From: Captain Jill Danigel, Community Services Division
Re: Bike Week - Results of noise level readings
Department of Fire and Rescue Services
PO Box 100
!:l Edgewater, FI 32132-0100
~C~ Phone 386.424.2445
Jt4!11 ~I/J:/) Fax 386.424.2450
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From March 3rd through March 9th noise level readings were taken at least twice each day (afternoon and
evening) at both No Name Saloon and Rich's Place. In order to maintain consistency, readings were always
taken from the same locations. The following are the locations where the readings were taken, daily afternoon
and evening decibel levels as well as the daily average reading and the daily high reading for each business.
No Name Saloon
Readings taken from 1904-B South Riverside Drive, South Riverside and Boston, US 1 and Boston
Wednesday, March 6th
Afternoon average reading
Evening average reading
Overall daily average
Daily high reading
Thursday, March 7th
Afternoon average reading
Evening average reading
Overall daily average
Daily high reading
Friday, March 8th
Afternoon average reading
Evening average reading
Later evening average
Overall daily average
Daily high reading
Saturday, March 9th
Afternoon average reading
Evening average reading
Overall daily average
Daily high reading
62 decibels
62 decibels
62 decibels
66 decibels (US 1 and Boston - 1 :55 PM)
59 decibels
62 decibels
61 decibels
67 decibels (US 1 and Boston - 6:40 PM)
56 decibels
59 decibels
61 decibels (additional readings taken from 7P-I0P)
61 decibels
66 decibels (US 1 and Boston -8:30 PM, 9:33 PM)
56 decibels
56 decibels
56 decibels
66 decibels (US I and Boston - 7:30 PM)
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Rich's Place
Readings taken at Arthur and US I, Joseph and US 1
Wednesday, March 6th
Afternoon average reading
Evening average reading
Overall daily average
Daily high reading
Thursday, March 7th
Afternoon average reading
Evening average reading
Overall daily average
Daily high reading
Friday, March 8th
Afternoon average reading
Evening average reading
Later evening average
Overall daily average
Daily high reading
th
Saturday, March 9
Afternoon average reading
Evening average reading
Overall daily average
Daily high reading
N/A (no outside music)
58 decibels
58 decibels
59 decibels (Joseph and US 1 -7:15 PM)
N/ A (no outside music)
58 decibels
58 decibels
58 decibels (Joseph and USl - 6:30 PM)
N/A (no outside music)
66 decibels
59 decibels (additional readings taken from 7P-lOP)
63 decibels
66 decibels (Arthur/Joseph and US 1 - 7:35 PM)
N/A (no outside music)
59 decibels
59 decibels
59 decibels (Arthur/Joseph and US 1 - 7:20 PM)
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SATURDAY, MARCH 9/ 2002
,4A THE OBSERVER
The ObselVer
Serving Southeast Yo/usia since 1913
Jim Clark James Kerby
Editor Publisher
LETTERS TO"THE EDITOR
Too much noise
Editor:
I have held back expressing my
complaint on the noise from bikers
and my displea~ure with the City
Council and Edgewater city manag-
er.
May wife and I own and operate
a small business on U.S. Highway
1. We can hardly talk to customers
due to the loud noise from the clear-
ly illegal exhaust systems pn the
bikes; that is when they do visit our
sore. Often we are told, "We don't
want to drive around in that mess.';
I spoke to two police officers and,
my councilman only to be told to
"get lip a petition," or there is no
response at all. It is Philistine of
them to favor beer-drinking estab-
lishments that benefit a few and to
ignore the residents of this city.
I drink beer and used to be a
biker (with a legal exhaust) and I am
not a Goody Two Shoes, yet I long
for a more peaceful city in which to
live.
Those who defend the welcome
mat laid out by the city, lump Bike
Week into that catch-all phrase,
"Special Events Weeks." We have
yet to hear one complaint locally
about "Race Week," "College
Reunion" or "Spring Break." "Bike
Week" receives all of the com-
plaints.
It appears that the city politicians
are more concerned about the quali-
ty of their environment than they are
the quality of our lives.
Eugene R. Collard
Edgewater
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Street vendors, ,
events drain
on business
Daytona Beach is black,
and blue.
Thousands of bikers
visited the city the past week.
most of them buttoned up
against the cool temperatures
in blue jeans and black leath,
er the uniform of the open
ro~d. But contrary to popular
wisdom that special events
'like Bike Week keep local mer- I
chants in the black, the much-
ballyhooed influx ofbike~s ac-
tually bruises many busmess'
owners,
"My business has gone
down." said David LaMotte.
manager of the Salty Dog surf'
and gift shop on Atlantic A ve-
nue, "Bike Week has never'
been a big deal for me. I would
much rather have families."
Not many familie~ could be.
seen walking the mIdways of
Main and Beach streets' tent
cities last week. a combinat~on
fairgrounds and shoppmg
mall for the visiting ~asses.
Few moms and dads WIth tots,
or teen-agers braved the crush
of party-hearty bikers boogie-
ing down Daytona's streets.
While men covered up. save
the occasional beer-belly pok-
ing over the belt, the odd back-
'side cleavage
breaking out.,
women re-
fused to let
leather get in
the way of a
, good peek.
One woman
wore a fox-fur
bikini top,
giving the ap- ,
pearance of
two red-
Pamela
Hasterok
SUNDAY
MARCH 10, 2002
THE NEWS-JOURNAL.
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haired rodents nestling on her
chest. Another dressed ~n
head-to-toe black leather still
managed to expose a' well'
buffed bosom and bottoII),. clad
in the tmiesfof oiange'tl1ongs,
Everyone had a beer in hand. '
While some folks bluster
that all events are ,good forall
,businesses. and thatthe loCal
econoiny wowd wither and die
witbl>1Xf1:h'em. ..:s~rtie'mfer-
charitS say'otlierwise:" '~. ,
"(Most) of my business is lo-
Cal people aild a.nd~l1ex ~~'t
get here or'don't watiHb). saId
Laurie Schammel. owner of
the upscale gift shop Adorn-
ments on Seabreeze Boule-
vard, ','so Bike Week basically
shuts me down." .
A gathering chorus of bUSI- .
ness owners points to the ever
growing number of traveling
salesmen who 'set up shop duro'
ing special event~ as th~ basis.
of the problem;,Itm~rant mer-
chants pack up when th.~,event
is over ta}ting. their. business
- and th~ir;prQf.i~,with;!\hem.
Year-round busmesses lose
their regular customers dur-
ing,the week and are left. with
residents to bear the cost. .
Many ~harge that ~e City.
Commission's anythmg-goes
policy for ven~ors - whi~h
mirrors its polIcy for SpeCIal
events overall -caus.es the
community long-ferm.harm.
As long as it.s more profitable
for landowners to rent their
storefronts ahd empty lots to
mobile malls:tha~ to .l:lUild a
year-round' btisi?ess.: Main
Street will remam blIghted.
And as long as mobs of travel-
ing merchants can pay a cou-
ple of hun~re~l.dol}a~s Jor a
permit a couple of thousand
for rent and leave with a boat-
load of cash. many local busi-
nesses will lose out.
Even merchants \\Iho did
well last week 'resent the easy
ride .the city. gives movable
stores.
"Merchants woUld make a
lot more 'money if not for the
outside vendors.... said Stan
Keneipp.'who oWns Caribbean
Trading :on Main Street.
which earned almost a fourth
ofa year's revenue last wee~.
Commissioners should. re-
instate the rule that onli;
standing businesses may sell
their wares on the sidewalk. a.
simple measure that would
help home-based companies.
But that doesn't change the
basic factS: Bike Week and oth-
er special events are aboon for
a few and a bust for many oth-
ers. to say nothing of their im-
pact on residents, who live
through two months of terri-
ble traffic. late-night noise and
nonstop bedlam. ..
Until the City Commission
getg, a grip on special events.
Daytona Beach - its econ-
omy. its neighborhoods and its
reputation - will be black and
blue long after the bikers
leave.
Pamela Hasterok is a News-
Journal columnist. Reach
her at pamela.hasterok
@news-jrnl.com .
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NOISE ORDINANCE - 3RD DRAFT
February 8, 2002
Definitions
Ambient noise - all encompassing noise associated with a given environment, usually being a
composite of sounds from many sources.
Cultural event - any event drawing a large attendance for enlightenment or recreation purposes
which in the sole determination of the City Council, has or is likely to become a community event
integrated into accepted social practices or traditions. (Does not include recurring events such as
Bike Week and Biketoberfest.)
Decibel - a unit in which the levels of various acoustical quantities (sound) are expressed.
Emergency - any occurrence or set of circumstances involving actual or immanent physical trauma
or property damage which demands immediate action.
Emergency work - any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
Noise - any excessive sound which annoys or disturbs humans or causes or tends to cause an
adverse psychological or physiological effect on humans. The term is synonymous with sound.
Noise nuisance - continuous or repeated sound that interferes with the rights of others by causing
damage, annoyance or inconvenience with noise that exceeds the limits set forth in Table I.
Noise sensitive zone - An area which contains a hospital, nursing home, school, court or other
designated facility. Noise sensitive zones are those zones created by resolution of the City Council
upon a finding that the subject area contains a land use which is sensitive to or subject to adverse
reactions from noise.
Person - any individual, associatIOn, partnership or corporation, and includes any officer,
employee, department, agency or instrumentality of the United States, State of Florida or any
political subdivision thereof.
Plainly audible - any sound that can be clearly heard by unimpaired auditory senses based on a
direct line of sight of 50 feet or more, however words or phrases need not be discernable and said
sound shall include bass reverberation.
Real property line - the property boundary that corresponds with the lot line and runs along the
ground surface, and its vertical plane extension, which separates the real property owned, rented or
leased by one person from that owned, rented or leased by another person, excluding intrabuilding
real property divisions.
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Sound - an oscillation in pressure, stress, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces. The description of sound may include any
characteristic of such sound, including duration, intensity and frequency that is considered to be
continuous, repeated noise and exceeds one (1) hour in duration. This term is synonymous with
nOise.
Sound level - the weighted sound pressure level obtained by the use of a metering characteristic
and weighting scale as specified by ANSI standards, if the weighting employed is not indicated, the
A-weighting shall apply.
Sound level meter - an instrument used to measure sound pressure levels when properly calibrated
and is of Type 2 or better as specified by ANSI standards.
Section One - Policy
It shall be unlawful, except as expressly permitted herein, to cause a noise nuisance or to make,
cause or allow the making of any noise or sound which exceeds the sound level limits (dBA) set
forth in this Article. Noise emanating from the subject property after the owner has or should have
knowledge of the noise nuisance condition shall be deemed to continue with the permission of the
property owner.
Section Two - General restrictions
1. No person shall operate or cause to be operated any source of sound from any subject
parcel in such a manner as to create a noise nuisance or sound level which exceeds the
limits set forth for the use occupancy in Table I, when measured at the property boundary
of the subject property from which the sound emanates.
2. Sound or noise emanating from one use occupancy category into another use occupancy
category with a different noise level limit shall not exceed the limits of the use occupancy
category into which the noise is projected.
.1. No person shall operate or cause to be operated any source of sound from any subiect
parcel in such a manner as to create a noise nuisance or plainly audible sound when
detected while standing within the boundary limits of a complainant's property.
TABLEIA
Model Ordinance Provided by OSHA
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 7:00 AM - 10:00 PM 65
10:00 PM- 7:00 AM 50
CommerciallNon-Residential 24 hours 65
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TABLEIB
V olusia County Noise Ordinance
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 7:00 AM - 10:00 PM 60
10:00 PM - 7:00 AM 55
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Agricultural All times 75
TABLEIC
City Council (Work Sessions)
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 8:00 AM - 10:00 PM 60
10:00 PM - 8:00 AM 50
Commercial 8:00 AM - 10:00 PM 65
10:00 PM - 8:00 AM 55
Manufacturing All times 70
Noise Sensitive Zone All times 40
TABLEID
Port Orange Adopted Noise Ordinance
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 7:00 AM - 10:00 PM 60
10:00 PM - 7:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 55
Manufacturing All times 75
Noise Sensitive Zone All times 55
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TABLE IE
Suggested Noise Restrictions
Use Occupancy Category Time Sound Level Limit (dBA)
Residential 8:00 AM - 10:00 PM 60
q .....Hr.OO PM - 8:00 AM 55 SO
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 55
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Section Three - Specific noises prohibited
In addition to the maximum permissible sound level limits set out in Table 1, and unless otherwise
exempted by this article or by act of the City, the following specific acts, or the causing or
permitting thereof, are hereby declared to be in violation of this article:
1. Horns, signaling devices, and other similar devices - the sounding of any horn or signaling
device on any automobile or other vehicle, except as a danger warning; the sounding of any
signaling device for any unnecessary or unreasonable period of time as determined by a law
enforcement or code compliance officer; and the unreasonable use of any signaling device.
Noises of safety signals, warning devices, emergency pressure relief valves and bells and
chimes of churches are exempt as are train horns, in approach of a crossing or as
notification of an emergency situation as well as noises resulting from any authorized
emergency vehicle when responding to an emergency call or acting in time of emergency.
2. Loudspeakers, public address systems - Use or operation of any loudspeaker, public
address system or similar device such that the sound there creates a noise disturbance
within a noise sensitive zone or any other use occupancy in accordance with Table 1.
3. The intentional or repeated creation of a noise disturbance through the acceleration, turning
or stopping of any motor vehicle.
4. Animals - Owning, possessing or harboring any animal which, frequently or for continued
duration, howls, barks, meows, squawks or makes other sounds which create excessive and
unnecessary noise across a residential or commercial real property line or within a noise
sensitive zone. For the purposes of this ordinance, "barking dog" is defined as a dog that
barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a
period of ten (10) minutes or barks intermittently for one half hour or more to the
disturbance of any person at any time of day or night. Provided, however, that a dog shall
not be deemed a "barking dog" for the purposes of this Article if, at any time the dog is
barking or making other noise, while a person is trespassing or threatening to trespass upon
private property in or upon which the dog is situated or any other legitimate causes for
which the dog is provoked.
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5. Loading and unloading - Loading and unloading, opening, closing or other handling of
boxes, crates, containers, equipment, building materials, garbage cans, dumpsters or similar
objects between the hours of 7:00 PM and 7:00 AM on weekdays and 7:00 PM and 8:00
AM on weekends or holidays within 150 feet of a residential property line or noise
sensitive zone.
6. Construction or demolition - Operating or causing the operation of any tools used in
construction, drilling, repair, alteration, or demolition work between the hours of 7:00 PM
and 7:00 AM on weekdays, or between 6:00 PM and 10:00 AM on weekends or holidays
within 150 feet of any residential or noise sensitive zone, except for emergency work by
public service utilities or by special permit approved by the City. This section shall not
apply to the use of domestic power tools.
7. Domestic power tools - Operating or permitting the operation of any mechanically powered
saw, drill, grinder, lawn or garden tools or similar tool between 10:00 PM and 7:00 AM on
weekdays, or 10:00 PM and 8:00 AM on weekends and holidays, unless said equipment is
operated inside a building or other structure so that the sound therefrom does not travel
across any residential real property line or noise sensitive zone. All such equipment shall
be properly muffled and maintained in working order so as not to create excessive or
unnecessary nOIse.
Section Four - Classification of use occupancy
For purposes of defining the Use Occupancy Category the City's Land Development Code shall
describe residential, multi-family, industrial an~ commercial designations. All property containing
permanent sleeping quarters, other than sleeping quarters in public lodging establishments, shall be
considered residential use. All public-lodging facilities, as defined by Florida Statute 509.013 (4)
shall be considered commercial use. All premises containing businesses where sales, professional
or other commercial activities are conducted shall be considered commercial use. All premises
where manufacturing is legally permitted shall be considered manufacturing use. In case of
multiple uses, the more restrictive use category shall prevail. Hospitals, nursing homes, schools,
libraries and churches shall be considered uses within a noise sensitive zone.
Section Five - Measurement standards
The following standards shall be used in the measurement of sound level limits of noise:
1. The measurement of sound or noise shall be made with a decibel or sound level meter
operating on the A-weighting scale of any standard design and quality meeting the
standards prescribed by the American National Standards Institute for a sound level meter.
The instrument shall be maintained in good working order and calibrated prior to each use.
Measurements recorded shall be taken so as to provide a proper representation of the noise
source. The microphone used during measurement shall be positioned so as not to create
any unnatural enhancement or diminution of the measured noise. A windscreen for the
microphone shall be used when required.
2. The slow meter response of the sound level meter shall be used in order to best determine
that the average sound has not exceeded the standards set forth in Table I.
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3. The measurement shall be made at the property line on which such noise is generated, or
perceived, as appropriate, five feet above the ground.
4. In the case of an elevated or directional sound or noise source, compliance with the noise
limits is to be maintained at any elevation at the boundar~.
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Section Six - Waivers for cultural events
The sponsors of a cultural event, which will occur infrequen y and which reasonably may not meet
the noise standards and regulations provided above, ma~ submit a request for waiver to the City
Council, along with proposed precautions and conditions The sponsors shall also provide 15 days
written notice to affected property owners within 30 feet of the proposed event, including a
description of the event and proposed conditions, the name and telephone number of a contact for
more information, and the date and time when the matter will be considered by the City Council.
City staff shall review the proposal and comment on the reasonable expectations of compliance or
non-compliance with the provisions of this Article and the likely impacts to the surrounding
community. The proposal, along with staff's comments, shall be reviewed by the City Council at
an advertised public hearing. Any waiver granted will specify which provisions of this Article are
waived, the times they are waived, and any additional conditions which apply.
Section Seven - Enforcement
The Police Department shall have primary enforcement responsibility for this article.
Section Eight - Penalties
I. Criminal - Any person, organization or corporation violating the provisions of this article
shall, upon conviction, be subject to the penalties provided in Section 1-8 of the Code of
Ordinances of the City of Edgewater. Violation of this Article is a second degree
misdemeanor. Violators may be given a "notice to appear" or in the appropriate
circumstances a physical arrest may be made.
2. Cease and desist order - Upon determination by the Police Department that a source of
noise is being conducted in violation with this article, the police department shall issue an
order directing the operator thereof to cease and desist such operations until the violation is
corrected. If an owner fails to comply with a valid, duly served cease and desist order, he
shall be guilty of a misdemeanor and punished as heretofore provided.
3. Civil proceedings - Upon determination by the city manager or his designee that a source
of noise is being conducted in violation of this article or a cease and desist order issued by
the police department, in addition to other remedies provided by this article and in the laws
of the State of Florida, the city manager or his designee may, upon authorization by the city
council, institute any appropriate action or proceedings to restrain, correct or abate such
violations or otherwise prevent the unlawful use of such noise operation or the unlawful
operation of such facility by any person. Upon conviction of three (3) violations of this
Article within a 12-month period, the noise creating equipment may be confiscated by the
Court until the offender can satisfy the Court that he is prepared to and in fact will operate
said equipment with limits of this Article. Further violation shall result in the permanent
confiscation by the Court upon correction.
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SPECIAL ACTIVITY - 3RD DRAFT
February 8, 2002
Definitions
City sponsored activity - sponsored or co-sponsored by the City Councilor any City Department for
the benefit of the residents of the community.
Civic group/non-profit organization - any group that meets for the improvement of the community
and whose main function is to make the community a better place to live either by deed, donation
of time or finances. A tax-exempt certificate is not necessary if the group meets the above stated
criteria.
Community activity - activities which take place on City owned or controlled property in which the
general public is invited to participate.
Live entertainment - entertainment in the form of music, singing, speaking or similar activities that
are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and
disk jockey functions.
Outdoor entertainment - entertainment in the form of music, singing, speaking and similar acti vities,
amplified or non-amplified that is located outside of or partially outside of the area of the sponsoring
property permitted for normal retail sales or services.
Private business - any business enterprise operating for the purpose of creating a profit.
Special activity - any public or private activity held within the City of Edgewater in which it can be
reasonably anticipated that the number of persons attending the activity will exceed the on-site
parking, seating or sanitary facilities available at the premises upon which the acti vity will take place
and that services will be required beyond that which are regularly provided by the City such as
additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or
other municipal services.
I Special activity permit - a permit issued by the City Council to authorize a special activity.
Sponsor/promoter - any person, group or entity ultimately responsible in full or part for producing,
operating, sponsoring or maintaining a special activity.
Section One - Scope
To establish policies and procedures pertaining to special activities, including but not limited to
outdoor entertainment, to ensure compliance with all applicable City, County and State requirements.
A special activity permit will be required for ALL special activities held within the City limits of
Edgewater.
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Section Two - Special Activity Permit Requirements
1. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five (5) days ofthe completion ofthe special activity.
2. The number of special activities shall not exceed: .
~ 10-day period of~€~P--!"" ~
Ql lO-day period ~ike:.tobcrfesd0 1J.-
fl 2 one-day events during a six-month period
3. Outdoor entertainment/amplified sound in coni unction with a special activity shall be
permitted at the following times and days:
~ Weekdays (Monday thru.Frigay)""jt,v;) 1 :00 PM to sunset
Ql Weekends (Friday and Saturday) 1:00 PM to~ PM r.'()d
fl Sunday 1 :00 PM to sunset
Section Three - Special Activity Permit Application Process
1. A special activity permit will be required for each special activity held within the City of
Edgewater.
3.
A special activity permit application must be completed and submitted to the Planning
Department for review by City staff at least 60 days in advance of the activity. The
application must include specific dates and times of the planned activity (including set up
and demobilization), number and types of vendors, types and hours of entertainment, specific
parking layouts, quantity and number of sanitary facilities. Hours for outdoor
entertainment/amplified sound are described in Section 2 of this Article.
SOli
The completed special activity permit application and staff comments will be provided to the
City Council for review and consideration at the next regularly scheduled meeting. City staff
will notify affected property owners within ~ feet of the site requesting the special activity
master plan of the date and time of the City Council meeting in which the application will
be reviewed. Applicant shall provide names and addresses of affected property owners.
2.
Section Four - Special Activities Permit Criteria
1. The proposed activity will not result in unsafe ingress/egress for either pedestrians or
vehicles.
2. The proposed activity shall comply with the appropriate Life Safety Code conditions.
3. The proposed activity shall comply with the City's Land Development Code and noise
ordinance conditions.
4. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
5. The proposed activity shall have adequate sanitary facilities.
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6. The applicant shall post a bond or provide insurance in the amount of $200,000.00 to hold
the City harmless of any and all liabilities.
7. The City Council may add other conditions to protect the health, safety and welfare of the
residents.
Section Five - Temporary Structures
It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion of the special activity. The Building
Official and Fire Marshal shall verify such compliance is obtained.
Section Six - Inspections to Ensure Compliance
The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on site
during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter.
_Appropriate State agencies are responsible for the inspection of amusement rides and public food
preparation facilities. ~
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Section Seven - Penalties rIf ~ ~ ~ .c-I ~ d..----
Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a
special activity permit shall be punished by a fine of three times the cost of the application fee as
well as all associated City fees. No further special activities shall be authorized until all penalties
are current. A repeat offender shall not be eligible for a special activity permit for a one-year period.
A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special
activity permit more than one time in a six-month period.
Section Ten - Exceptions
Any special activity sponsored/promoted by a civic group or non-profit organization or co-sponsored
by the City of Edgewater may be exempt from any and all fee requirements. This decision shall be
rendered by the City Council and any waiver granted regarding these requirements is only binding
and applicable upon that one acti vity or portion thereof and shall not mean that the sponsor/promoter
has any rights to future waivers.
F:\ordinances\special activity - February 8. 2002 draft
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