12½-10 — Special events

§ 12½-10. - Special events.

A. Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY-OWNED PROPERTY. All property controlled by the City, when owned in fee simple, leased or rented. This does not include property in which the City's only interest is an easement. DEMONSTRATION. Any lawful assembly, picket, picket line, picketing, pamphleteering or other event organized or held for political, religious or other First Amendment related purposes in which the speech involved goes to the heart of the democratic process. A demonstration shall include such marches or processions that may occur on a public street, alley, or sidewalk where the participants will be following the normal and usual traffic regulations or controls and shall not be blocking the ingress or egress to surrounding properties. An unlawful demonstration is not included in the definition herein (See Adderley v. Florida, 385 U.S. 39, 87 S. Ct. 242 (1966)). PARADE. Any march, procession, race, or other similar activity consisting of persons, animals, vehicles or things, or combination thereof, upon any public street, sidewalk, alley, or other public place, which requires a street closing or otherwise requires the stopping or rerouting of vehicular traffic because the participants will not utilize normal and usual traffic regulations or controls. Funeral processions are not included in the definition of a parade. PERMIT HOLDER. The person, organization, or entity that has been approved by the City for a Specific Event permit. SOUND AMPLIFICATION. The act of increasing the volume of sound by using radios, stereos, CD players, DVD players, microphones, drums, turn tables, audio or visual equipment, electronic devices, musical instrument, sound equipment, television sets, interior or exterior speakers, loudspeakers, bullhorn, or any other similar device. SPECIAL EVENT. Any sale, grand opening, photo shoot, party, holiday celebration, bazaar, concert or other performance, fair, carnival, tent revival, fundraising event, art festival, race, tour, rally, Parade, bicycle run, Demonstration, contest, exhibition, block party, outdoor display or similar event or occurrence, including the use of tents, or other devices or structures to conduct, advertise or promote any such event occurring on City or non-City-owned property or in a public right-of-way such as a public or non-public street, shared-use path, or other public place or building, parking lot, vacant lot, where the event would substantially inhibit the usual flow of pedestrian or vehicular travel or which occupies any public area or building so as to preempt use of said area by the general public for its intended use or which deviates from the established use of said area or building, but such term does not include the following: (1) An event or function held within or on the grounds of a private residence or on the common areas of a multifamily residential development, and which event or function is of private and nonprofit nature; or (2) Any use or activity specifically approved by a development permit issued by the City or specifically permitted by the Land Development Code. SPECIAL EVENT ON CITY-OWNED PROPERTY. A Special Event which is to be held on City-owned property. SPECIAL EVENT ON NON- CITY-OWNED PROPERTY. A Special Event held on property not owned by the City in a non-residential area, where the event substantially inhibits the usual flow of pedestrian or vehicular traffic on the surrounding property or the event is expected to attract 500 or more persons. B. Special Events in the City are administered and permitted by the Parks and Recreation Department ("Department"). C. Application and general requirements. Special Event permits may be issued by the Department provided the following requirements are met: 1. An application shall be submitted to the Department no less than 90 days before the Special Event's opening. The application shall include the name and address of each applicant sponsoring the Special Event, the dates, times, and specific details of the event. The Department Director may approve exceptions to the 90-day requirement based on the size, duration, or nature of the event. The City reserves the right to verify the applicant's previous history of sponsoring Special Events with other jurisdictions. 2. The Department Director may impose fees as they determine appropriate considering the impact of the Special Event on City facilities and services, including without limitation, application fees, user fees for particular City properties, square footage rates for exclusive use of public property, use of City equipment, and refundable clean-up deposits. The Department Director may, in their discretion, reduce or waive fees for events by non-profit organizations for a particular event when such waiver is found to be in the best interest of the City. 3. The property where a Special Event is held shall be cleaned within 48 hours of the close of the event and returned to substantially the same condition that existed just prior to the start of the event or better. If the property is not returned to substantially the same condition that existed just prior to the start of the event, or better, the City, in its sole discretion, may charge the applicant or permit holder for the cost of cleanup, including labor and materials. 4. A site plan of the event venue and surrounding property shall be submitted. The site plan shall show the layout of all activities, such as stages, equipment, including location(s) where sound amplification equipment, if any, will be allowed, amusement rides, animal displays, etc., and all support facilities including egress and ingress locations, parking, refuse collection, sanitation, and lighting. The site plan shall also identify the presence of any environmentally sensitive issues including eagles, burrowing owls, tortoises, osprey, etc. 5. If the Special Event requires the closing of any streets or rights-of-way, a safety plan of the event venue and surrounding property shall be submitted. The safety plan shall include, but not be limited to a maintenance of traffic ("M.O.T.") plan, emergency access, electrical setups protected, crowd flows, and ensuring structures and crowd areas are hardened and safe. Any and all security requirements will be determined by the Cape Coral Police Department and the Director to maintain order and protect the safety and security of persons and property. 6. If the applicant does not own the property for the special event or associated parking, a signed letter of permission from the property owner is required. The applicant shall sign a release and indemnification agreement in favor of the City in a form accepted by the City Attorney. If the applicant intends to transport patrons to the Special Event from a specified parking area, complete details including all traffic routes to be utilized shall be submitted to the City for approval. 7. Insurance requirements. a. Certificates of insurance for all properties used for the Special Event must be submitted to the Department for approval by the City Risk Manager no less than 21 days before the event. b. Applicants and vendors shall have commercial and general liability insurance, including coverage for independent contractors, premises and operations, contractual liability, products and completed operations, personal injury, and property damage. Insurance coverage shall be no less than $1,000,000 combined single limit for bodily injury and property damage and no less than $1,000,000 for liquor liability, if applicable. c. Vendors shall also have motor vehicle liability insurance of no less than $1,000,000 per vehicle and worker's compensation coverage as required by statute. d. The City of Cape Coral shall be named as additional insured. Certificates of insurance shall show the City of Cape Coral as the certificate holder. 8. All applicable City ordinances and building, fire, and electrical codes shall be met. 9. Most events shall require off-duty City of Cape Coral police officers to be hired for the duration of any Special Event to include one hour before opening and one hour after closing. The Police Chief shall determine the exact number of officers required, if any, based upon the size and nature of the event and past experience with similar events. The cost for the off-duty detail shall be set using the present rate charged by the Police Department which shall be paid by the applicant prior to the issuance of the permit. All applicants must comply with any rules or regulations imposed by the Police Chief that are consistent with this section. 10. Most events shall require off-duty City of Cape Coral firefighters or paramedics, to be hired for the duration of any Special Event to include one hour before opening and one hour after closing. The Fire Chief shall determine the exact number of firefighters or paramedics required, if any, based upon the size and nature of the event and experience with similar events. The cost for the off-duty detail shall be set using the present rate charged by the Fire Department which shall be paid by the applicant prior to the issuance of the permit. All applicants must comply with any rules or regulations imposed by the Fire Chief that are consistent with this section. In the event the Fire Chief determines that special equipment, such as all-terrain vehicles, trailers, fireboats, fire and rescue assets, and appropriate personnel for the special equipment is necessary, the City reserves the right to require reimbursement for all or part of the discretionary cost from the applicant. 11. No open flame or other device emitting flames or fire shall be used in any tent or air-supported structure while open to the public and attendees of the event. 12. All equipment including tents, stages, amusement rides, utility areas, ingress and egress points, and cooking areas shall be inspected and approved by city fire inspectors or state officials, if applicable, prior to the opening of the event. If applicable, inspection certificates and annual permits as required by the State of Florida, shall be submitted to the City prior to the opening of the event. All equipment or amusement rides, other than those which are patron-operated or controlled, shall only be operated by persons over 18 years of age who are employed by the applicant and who are thoroughly familiar with the operation of said equipment or amusement rides. The operator of such equipment or amusement rides shall be in the immediate vicinity of the operating controls at all times during the operation of the equipment or amusement rides and no unauthorized person shall be permitted to handle the controls during operation. 13. Any person, entity, group, or organization engaging in speech, expression, or assembly, which is protected by the First Amendment of the United States Constitution or by Article I, Section 4 of the State of Florida Constitution, may do so during a Special Event, subject to the following reasonable time, place, and manner regulations. 14. If sound amplifying equipment is present on public or private property at the Special Event, the Department Director shall establish one or more designated areas where such amplified sound may occur. If amplified sound is not permitted for the special event, all amplified sound shall be prohibited; however, nothing in this regulation shall serve to prohibit protected speech, expression, or assembly utilizing non-amplified, reasonable sound. For purposes of this paragraph, amplified sound caused by the police or fire departments of the City in the performance of their official duties, and public background sound, shall not be considered amplified sound so as to allow others to use sound amplifying equipment. 15. Conflict with noise provisions. The Department Director may issue a Special Event permit that authorizes a Special Event in conflict with Section 12-22, of the City's Code of Ordinances, only where the applicant has met all of the City's requirements for obtaining a permit as prescribed in this section, and the Special Event cannot be performed in compliance with the noise control ordinance. Such a permit must specify the precise manner by which the noise control ordinance may be exceeded, by what duration, and at what locations. Such permit authorization may be modified or revoked, if in the discretion of the Department Director, the authorization negatively impacts the surrounding neighborhood. Having a permit shall not relieve the permit holder from compliance with all other applicable local, state, or federal laws. 16. The Department Director shall be responsible for the provisions of this section, department rules and regulations, and City ordinances. No action shall be taken to enforce this section until a warning to cease such a violation has been issued by a person authorized to enforce this section and the violator continues such violation. 17. No person shall be permitted into, or remain on, private property covered by any Special Event permit for an event open to the public without the consent of the permittee. 18. If a Special Event is open to the public only upon a payment of an entry fee or charge, no person shall be permitted into the event without first paying the entry fee or charge. 19. No person shall unreasonably hamper, obstruct, impede, or interfere with any person, entity, group, or organization hosting a permitted Special Event. 20. All requirements of this section are subject to modification or waiver by the Mayor and City Council based upon the size, duration, nature of the event, and the City's involvement. D. Review Criteria. In determining whether a permit shall be issued, the Department Director shall consider certain criteria including: 1. The size, duration, and nature of the event; 2. Previous history of organizing one or more events within the City and whether any events created hazards or safety situations; 3. Other events previously scheduled during the same time period within the city; and 4. If the applicant has been previously found in violation of any provision of this section. Any prior violations of this section may constitute grounds for the denial of Special Event permits by the city. E. Permit Decision. 1. The Department Director may, in their sole discretion, deny the applicant a permit for the Special Event within the City based on the requirements and criteria provided in this section. 2. The Department Director shall have the authority to designate one or more areas during any Special Event for specific activities and to prohibit other activities within designated areas. Designated areas shall be posted when such posting is appropriate. 3. Order to cease operation. If the Department Director determines that proper provisions have not been made for the protection of the public health, safety, or welfare he or she may issue an order to cease operating said special event until such time as satisfactory corrective action has been taken. F. Violations and Penalties. 1. It shall be unlawful and a violation of this section for any person to hold, allow, or conduct a Special Event in the City without first obtaining a permit from the City in accordance with the provisions of this section. 2. Intentional underestimation of the expected number of persons attending a Special Event or failure to comply with any provision of this section, shall constitute a violation of this section. 3. Civil fine for violations. The following civil fines must be imposed for a violation of this section: a. If the violation is a first offense, the violator shall receive a fine of $500; b. If the violation is the second offense within the preceding 12 months, the violator shall receive a fine of $1,000; and c. If the violation is the third or subsequent offense within the preceding 12 months, the violator shall receive a fine of $2,000. G. Enforcement. 1. The Cape Coral Police Department or the Code Compliance Division shall enforce the provisions of this section. This shall not preclude other law enforcement or regulatory bodies from any action to assure compliance with this section, and all applicable laws. If a violation of this section is observed, the enforcement officer will be authorized to issue a notice of violation. The notice of violation shall inform the violator of the nature of the violation, amount of civil fine for which the violator is liable, instructions and due date for paying the civil fine, that the violation may be appealed by requesting an administrative hearing before the special magistrate within ten days after service of the notice of violation, and that the failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing. All notices required by this section shall be provided to the violator in accordance with Section 2-85(c) through (g) of the City Code of Ordinances. 2. In the event the violator does not request an administrative hearing before the special magistrate within such ten-day period, the City may take any and all necessary actions to remediate the violation and bring the property into compliance and charge the violator with the reasonable cost of the repairs or the reasonable cost for removing or correcting the violation, along with the civil fine imposed pursuant to this section. The City correcting, remediating, or repairing the violation does not constitute a continuing obligation on the part of the City to make future repairs or to maintain the property and does not create any liability against the City for any damages to the property if the repairs were completed in good faith. H. Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate. 1. A violator who has been served with a notice of violation must elect to either: a. Pay the civil fine in the manner indicated on the notice of violation; or b. Request an administrative hearing before the special magistrate to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation. 2. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in Sections 2-86 and 2-87 of the City's Code of Ordinances, except as specifically provided in this section. Appeals for an administrative hearing of the notice of violation must be accompanied by a fee as approved by a resolution of the Mayor and City Council, which fee shall be refunded if the named violator prevails in the appeal. 3. If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special magistrate, the special magistrate may be informed of such failure by report from the enforcement officer. The failure of the named violator to appeal the decision of the enforcement officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. 4. A certified copy of an order imposing a civil fine, or a civil fine plus remediation costs, shall be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61st day following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien. 5. Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction. 6. The special magistrate shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the notice of violation. 7. The special magistrate shall not have discretion to alter the penalties prescribed in Subsection F. 8. Nothing in this section shall be construed to prohibit the City from enforcing these provisions by any other supplemental means as may be allowed by law. I. Cost Recovery for Unlawful Special Event. Whenever a Special Event is conducted without a Special Event Permit when one is required, or a Special Event is conducted in violation of the terms of an issued Special Event Permit, the event organizer or permit holder shall be responsible for, and the Department Director shall charge the event organizer or permit holder for all City costs incurred for personnel and equipment for a public safety response caused or necessitated by the adverse impacts of the Event, or the violation of the Special Event Permit upon the safety of the public.

(Ord. 8-26, § 1, 5-20-2026)