AN ORDINANCE TO ENACT ARTICLE VI, OF CHAPTER 19, SECTIONS 19-125 THROUGH 19-191, DIVISIONS 1, 2, 3 & 4 AS THE SPECIAL EVENTS, PARADE, FACILITIES USE & PUBLIC PERFORMANCE ORDINANCE.

DIVIS1ON 1

SPECIAL EVENTS

Sec. 19-125. Purpose; scope and intent.

(a) Recognizing that special events such festivals, parades and facility use permits enhance the quality of life for residents and visitors alike, it is the purpose of the city council to establish a structured process for permitting the use of public facilities and the staging of outdoor special events conducted by the private sector to use city streets, facilities or services, or to conduct events that occupy, impact or consume public resources as a result of the congregation of people. This article is intended to insure that the city and its residents and visitors will have adequate advance notice of a proposed festival and the cooperation of the organizers in order properly to plan the city services, such as security, sanitation and traffic control that are required for such an event. It is the intent of the city to promote and encourage events for the greater good and cultural diversity of the city, recognizing that tax-exempt non-profit organizations benefit the community, and are central to the quality of life.

(b) Given the close proximity of residential and commercial areas, the city council must balance the quiet enjoyment of one's residence in relationship to the commercial purposes that sustain and promote our tourist economy. By regulating the special events' frequency, duration, intensity, time, place and manner, the city intends to supplement its land use regulations pertaining to same, and provide a predictable and coordinated process for applicants seeking the exercise of legislative discretion in regards to the grant or denial of a special event permit, and to protect the rights and interests of the holder of the permit and the residents of the city, and abate the cost of thereof, where the abatement shall be provided regardless of content, message or sponsor in accordance with the terms of this article. The costs to be recouped include, but are not limited to: personnel, equipment and supplies, sanitation (litter, debris and human wastes), wastewater, utilities, park maintenance and restoration - including long-term degradation - and park monitoring.

(c) It is the intent of the council to protect the rights of its citizens to engage in protected free speech expressive activities and yet allow for the least restrictive and reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating commercial special events that have an impact upon public facilities and services. Nothing in this article shall be construed to prevent members of the public from assembling in the parks or streets for the purpose of making any speech or conveying any message to the public or to the government without holding a special event permit or facility use permit pursuant to this article. Should any such persons wish to assemble for such purpose and should they not be holding a permit under this article, they shall not be prevented from doing so, provided that they have complied with any other ordinance or law, if there be any, regulating such other event or gathering, and provided they are peaceable and not in violation of any laws concerning the public order. Persons not holding such a permit under this article, however, will not be entitled to the benefits provided by this article, including but not limited to, the right to erect stages, barricades, utility poles, booths, tents, or other temporary structures, or the use of amplified devices, parked vehicles or of permanent structures, or to the assistance of city personnel in carrying out their event, or their exclusive or reserved use of the facility unless otherwise authorized by some other ordinance or law.

Sec. 19-126. Definitions.

As used in this article:

"Building" means any temporary or permanent structure as defined by the Zoning Code or any structure, including tables, built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind. It includes pushcarts or sidewalk cafes for which the sale of goods, food or beverages has been authorized.

"Commercial special event" means any special event organized and conducted by any person or organization holding a business license and that does not qualify as a tax-exempt non-profit organization.

"Demonstration" means any formation, procession or assembly of persons which, for the purpose of expressive activity, is:

(1) To assemble or travel in unison on any street in a manner that does not comply with normal or usual traffic regulations or controls; or

(2) To gather at a public park or other public area

"Event organizer" means any event promoter, person who conducts, manages, promotes or organizes a commercial or non-commercial special event.

�Event promoter� means any person who: (1) is directly or indirectly responsible for the organization of an amusement or event, as evidenced by activities such as contracting with the principals, selecting entertainment, sponsoring, advertising or otherwise holding out an amusement or event to members of the general public, inviting participants to an amusement or event, or renting or controlling the site of an amusement or event; and (2) directly or indirectly receives or shares in any of the following: (a) admission or entrance fees paid by participants or spectators at the amusement or event; or (b) compensation, consideration or other revenue from sponsors of or private donors to the amusement or event; (c) revenues from concessions or other sales at the amusement or event or (d) revenues from the control or vending or concession sites or permits, including nonresident event promoters who do business within the City of Myrtle Beach. The following persons are not event promoters within the meaning of this chapter, or other referencing chapters as applicable:

(1) any business license holder placing an ad, or any print or broadcast media who are paid for page space or broadcast time to advertise an amusement or event, but exercise no other coordinating financial or operational responsibility in connection with the promotion; and

(2) any business license holder providing a product or service or off-premises ticket seller who sells admission tickets to an amusement or event in advance of such amusement or event but exercises no other coordinating financial or operational responsibility in connection therewith; and

(3) any performer who is paid for his performance at an amusement or event but exercises no other financial or non-performance-related operational responsibility in connection therewith; and

(4) any agent of an athlete or performer who is compensated for negotiating his client's contract to perform at an amusement or event but exercises no other financial or operational responsibility in connection therewith; and

(5) any city business licensee to the extent that the licensee personally plans, prepares or executes an amusement or event in the course of such licensed business, in conformance with extant regulation and law; and

(6) any full-time employee of a business licensee, to the extent that the employee plans, prepares or executes an amusement or event in the course of such employment; and

(7) the City of Myrtle Beach; and

(8) any employee of the City, to the extent that the employee plans, prepares or executes an amusement or event in the course of such employment; and

(9) any person who exclusively promotes amusements or events at establishments or venues meeting all of the following requirements: (1) the owner or operator of the establishment or venue at which the promoted amusement or event is presented holds a valid public place of amusement license or valid performing arts venue license issued under Chapter 11 of the City code, and (2) the establishment or venue at which the promoted event is presented: (i) has fixed seating only and all patrons attending any promoted amusement or event at such establishment or venue are seated in such fixed seats; or (ii) has a fixed seating capacity of 500 or more persons; and or

(10) for a specific amusement or event, any person who is hired or otherwise retained by an event promoter licensed under this chapter, as evidenced by a contract, to provide services to the licensed event promoter related to such amusement or event, including, but not limited to, advertising services.

"Expressive activity" includes conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature, and picketing.

"Facility use permit" means a permit issued under the authority of the manager for temporary or slight reserved use or occupation of a public facility or an area of public land, for a defined period of time and said use does not impact city resources, due to the anticipated congregation of people in such numbers or in such location as identified.

"Festival" means a thematic, organized, site-specific celebration, performance, exhibition or competition occurring upon public or private property, or a combination of private and public property, as a result of a private nongovernmental event organizer, during which commerce may occur, for a defined period of time, advertised and promoted outside the city, that will, in the determination of the city, have an impact on city resources, due to the anticipated congregation of people in such numbers or in such location as identified by the sponsor or promoter as the venue. See also "Legislative festival".

"Goods" means wares, personal property, merchandise or any other similar item or object than is generally sold.

"Gross revenues" means the sum of all revenues received by an event organizer for a special event, including, but not limited to, cash receipts, licensing, sponsorship, television, advertising and similar revenues, and concessions.

"Internal security" means the deployment of privately contracted qualified human resources in sufficient number, as determined by the police department, to ensure the comfort and safety of movement of participants in a special event.

"Legislative festival" means any official proclamation, resolution or declaration of city council, in legislative discretion, of a citywide thematic celebration, recognition, event or time under such permitting conditions, terms and duration as deemed to be in the best interest of the public.

"Noise variance" means a grant from city council to a petitioner to exceed the legal noise limit, pursuant to section 14-62(h)(11) or as recodified, within a zoning classification for a specific period of time at a specific location, usually associated with an outdoor performance, not rising to the level of a special event as defined herein, in that no variance from the normal application of zoning laws is requested.

"Non-commercial special event" means any special event organized and conducted by a person or entity that qualifies as a tax-exempt non-profit organization.

"Parade" means any march, race, presentation, ceremony, pageant or procession of any persons and conveyances of any sort moving upon any public street or sidewalk of the city, which does not comply with normal traffic regulations.

�Rallies, automobile or motorcycle� means an outdoor gathering of riders, drivers and enthusiasts scheduled and sponsored by specific clubs, associations, event planners and/or organizers, event promoters, vendors, dealers or vendor permit sellers for the purpose of retail sales to attendees, who expect and are provided a variety of vending opportunities and entertainment events by those who profit from the gathering. The term special event is not used to denote the perceived quality of the event, or to imply that one entity is necessarily in charge of organizing or managing the event but is used to describe these types of activities because of their known shared characteristics of widespread promotion by event promoters seeking profit, with a location identified as the place of gathering or rally, with a published or publicly known time of occurrence, either sporadic, cyclical or scheduled. The resulting traffic congestion and noise can be attributed to event promotion or staging, or lack of planning or control by event promoters or organizers. Planned or unplanned special events can dramatically impact overall travel safety, vehicular and pedestrian mobility, and travel time reliability for visitors and residents alike.

"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

"Signage" means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

"Special event" means an outside or outdoor event, and may be advertised and promoted inside or outside the city and can include:

(1) Any organized formation, parade, procession or assembly consisting of persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or,

(2) Any organized assemblage, not meeting the criteria for a facilities use permit, of persons at any public beach or public park which is to gather for a common purpose under the direction and control of a person; or,

(3) Any other organized activity conducted by a person or group for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto.

(4) Examples of special events include filming, concerts, parades, circuses, fairs, festivals, block parties, automobile or motorcycle rallies, community events, mass participation, sporting competition such as, marathons and running events, bicycle races or tours, or spectator sports such as, football, basketball and baseball games, golf tournaments or hydroplane or boat races.

"Special event permit" means a permit issued under this division.

"Special event venue" means that defined area identified on a submitted site plan approved by city council for which a special event permit has been issued.

"Street" means a public right-of-way, or way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular or pedestrian travel. Street includes highways, alleyways, sidewalks and any other public area that accommodates vehicular or pedestrian traffic.

"Tax-exempt non-profit organization" means an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six months preceding the date of application for a special event permit or other permit. This shall include charities, 501(c)(3)s, civic groups, fraternal organizations, and mutual benevolent aid societies. Appropriate official documentary proof may be required.

"Vendor" means any person who sells or offers to sell, any goods, food, or beverages within a special event venue, including the event organizer or any person who contracts with the event organizer for space within the special event venue in order to vend goods.

Sec. 19-127. Special event permit required; facility use permits; parade permits; noise variance required.

(a) Whether the event or rally is inside the City limits or adjacent to the City limits, no person or legal entity shall promote, stage, conduct, organize or sponsor a special event or rally that is reasonably foreseeable to affect the City residents� health, safety, or welfare and require excessive public safety cost, unless an application for a special permit has been obtained, based on a complete management plan that protects public safety, health and welfare, and addresses cost recovery for public expenditures arising from the implementation of the plan. A person or legal entity that, without an approved plan and permit, promotes, stages, conducts, organizes or sponsors a special event or rally that results in an excessive public safety cost is guilty of a misdemeanor.

(b) The city manager, or his designee is authorized to grant facility use permits and parade permits, and to determine when a proposed facility use rises to the level of a special event permit, based upon an evaluation of public impact or consumption of public resources, location, anticipated attendance, and purpose. Insurance may be required for a facility use permit or parade permit, based upon the risk manager's assessment of potential liability for the city.

(c) The city council shall consider all special event permits for events occurring within the city limits of the city pursuant to the procedures established in this division. The council shall determine the special event venue, set reasonable boundaries, balancing the special event requirements and public health, safety, and welfare.

(1) No special event permit may be granted for land that is inadequate in any respect for the event(s) or activities as shown by the application, under the totality of the facts and circumstances. Persons may enter into agreements to assemble the required acreage. The record owner of the property, as well as lessees or tenants must agree in writing to inclusion in the assemblage. Public right-of-way may not be included in the required private property acreage.

(2) No private property may host, in whole or in part, more than two special events in a calendar year.

(3) No special event, except for legislative festivals and city sponsored events, can exceed more than five days, provided however that when the city council proclaims or declares by resolution a legislative festival or sponsored event, a business license owner may participate in the Festival under the terms and conditions set forth in the resolution for the length of time so identified without such voluntary participation being counted as using the cumulative possible ten days available for a special event on their property. In consideration of public safety, sanitation, transportation, and parking, participants in the legislative festival shall submit a site plan for approval pursuant to [section] 19-135.

(4) A business license holder sponsoring an event for charitable purposes is limited to two days.

(5) City council reserves the right to limit the proximity or number of concurrent or overlapping special events when the legislative determination is made that city resources are inadequate to meet the demands of the multiple special events, or that the events will result in a concentration of people, vehicles or activity inimical to the public health, safety and welfare.

(6) In consideration of current demands on public resources made during the month of May, no special event permit, noise variance, or facility use permit with outdoor vending or food or beverage sales, as otherwise permitted by law, may be issued from May 1 through midnight of May 31 of every year.

(7) No special event shall displace parking to neighboring businesses or residential areas.

(8) No special event or permitted event may include a dynodrag or similar machine or burnout pit.

(9) Without a shuttle or other visitor transportation system shown in a parking plan, no more than 25 percent of any required parking area may be affected by the placement of buildings during a special event, unless the required parking is provided off site within 300 feet of the boundaries of the venue.

(10) No special event or other permitted event may operate between the hours of 11:00 p.m. and 7:00 a.m.

(d) The city shall coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs and to issue a special event permit upon the concurrence of other public agencies involved. The city manager is authorized to establish administrative and operational policies to issue both the special event permit and the facility use permit. On an annual basis, or as requested, the manager shall report a listing of facility use permits, parade permits and special event permits to council. All permits involving the occupation of a public street, except for temporary use of a parade or facility use permit, shall be reviewed by council.

(e) For events not rising to the level of a special event and not requiring a temporary variance from the application of zoning laws, city council may grant a variance from application of the laws regarding noise for an event upon proper petition, specifying the time, place and manner of the variance sought, in accordance with chapter 14, section 14-62(h)(11).

Sec. 19-128. Exceptions to special event permit requirement.

(a) A special event permit is not required for any activity listed in section 19-128.

(b) Although not required to get a special event permit, an event organizer of an activity exempted pursuant to section 19-128(c) is required to comply with general regulations governing public safety or health.

(1) Funeral services and processions;

(2) Activities solely conducted or co-sponsored by the City of Myrtle Beach in promotion of tourism or acting to advance the welfare of its citizens;

(3) Lawful picketing on sidewalks;

(4) Demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that:

a. No fee or donation is charged or required as a condition of participation in or attendance at such demonstration; and,

b. The manager is notified at least 48 hours in advance of the commencement of the demonstration; and,

(5) Facilities use permit; and

(6) Parade only permits; and

(7) Noise variances; and

(8) Events sponsored by a tax exempt non-profit organization, when the following conditions are met:

a. A no-cost application is submitted to the department of construction services and is approved not less than 48 hours before the event;

b. The event will not require the deployment of public resources due to purpose;

c. The event will not take place over 48 hours, including set up and take down;

d. The event is conducted on the property of the organization or upon the property of a cooperating like tax-exempt non-profit organization;

e. The event will not displace more than 25 percent of the parking area;

f. Event signage or banners of not more than 32 square feet not displayed more than seven days prior to the event, and taken down with 24 hours after the conclusion of the event; and

g. No special events permits issued for May 1 through midnight of May 31 of every year.

Sec. 19-129. Issuance of a special event permit does not obligate city services.

(a) Issuance of a special event permit does not obligate or require the manager to provide city services, equipment or personnel in support of an event, unless directed by council.

(b) Subject to approval of the manager, city services, equipment, or personnel for commercial special events may be provided, based upon consideration of either cost recovery.

(c) Cost recovery for non-commercial events may be waived only if the council finds that a public purpose will be served. A public purpose is served if all four of the factors provided in section 19-129(c)(1)--(4) are met:

(1) The event is organized and conducted by a tax-exempt non-profit organization which operates from or provides services within the city or County of Horry; and,

(2) The event provides an identified benefit to the general public; and,

(3) The event includes participation by the general public (notwithstanding an admission or participation fee); and,

(4) Provision of city services will result in improved crowd or event control and general public safety, and does not diminish or detract from the normal level of service for its citizens, based upon the evaluation and advice of the manager.

Sec. 19-130. Priority of special event permit issuance.

Except for events sponsored by the city, and wherever possible, priority shall be given for the issuance of a special event permit to local tax-exempt non-profit organizations operating in and providing services to the citizens of the city or the County of Horry. Except for events sponsored by the city, and whenever possible, priority shall be given for the issuance of a special event permit to larger acreage events over smaller acreage events. Priority shall be given for the issuance of special events that do not abut a residential area.

Sec. 19-131. Use of city seal or name; city sponsorship.

Only city council may authorize the issuance of a special event permit for any event whose title or theme will use the city seal or the words "The City of Myrtle Beach," "City of Myrtle Beach" or any similar combination or facsimile that would reasonably imply an official endorsement of the event by the city, provided that revenue sharing by the event organizer is required as a condition of such approval. Without specific legislative action authorizing endorsement, the issuance of a permit shall not be considered an endorsement by the city. It shall be unlawful to for any person to represent, hold out, promote or publish to another that the city name or city seal is an endorsement of the event without specific legislative action authorizing such use. City sponsorship of event means that the city joins with the organizer as a cooperative partner in staging the event, after determining that the event is of city-wide importance and that the event will further the public purposes of the city. In their application, event organizers may petition the city council for city sponsorship of the event. Should council elect to sponsor an event, the application fee will be refunded. City council will determine the manner and degree of sponsorship.

Sec. 19-132. Time for filing application for special event permit or facility use permit; time limit for notifying city manager of demonstration.

(a) Except for special events at the Myrtle Beach Convention Center, legislative events or city sponsored events, an application for a special event permit, with the application fee of $250.00 shall be filed with the city manager not less than 30 calendar days, nor more than two years, before the time when it is proposed to conduct the special event. The application shall be reviewed by such city departments as designated by the manager. The Manager�s comments and the Departmental comments shall be provided to city council, and the completed application shall be placed on the Council�s agenda for consideration within thirty (30) days of receipt of a completed application. The applicant and the Manager may extend the time for departmental analysis by mutual consent.

(b) Applications for facility use permits at city public facilities shall be submitted in accordance with the time limits and procedures established by the city manager for such facilities.

(c) Any person organizing a demonstration shall notify the manager not less than 48 hours before the time when it is proposed to conduct the demonstration.

Sec. 19-133. When application for special event permit is deemed complete.

An application for a special event permit is deemed completed when the applicant has provided all of the information required in section 19-135 including a site plan and any additional information required by the city manager, and the application has been approved by any city departments designated by the city manager. Only completed applications may be placed upon council's agenda for the body's consideration. The manager shall return any incomplete application to the applicant, and council hereby declares an incomplete application as being incapable of being placed upon an agenda for consideration.

Sec. 19-134. Date of special event not confirmed until permit issued.

Notwithstanding the city manager's acceptance of a completed application, no date shall be considered confirmed until a special event permit is issued at the direction of city council by way of resolution with the attached application, and any other document deemed necessary.

Sec. 19-135. Content of special event permit application.

The manager shall issue application for special events upon request. The application for a special event permit may include, but is not limited to, the following, when applicable to the nature of the event:

(1) The name, address and telephone number of the applicant; and,

(2) A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the event; and,

(3) The name, address and telephone number of the event organizer, if any, and the chief officer of the event organizer, if any; and,

(4) If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a written communication from such organization:

a. Authorizing the applicant to apply for the special event permit on its behalf; and,

b. Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the event; and,

(5) A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt non-profit organization; and,

(6) A statement of the purpose of the special event; and,

(7) A statement of fees to be charged for the special event; and,

(8) The proposed signage, boundaries, location, map, dates, times, routes, alternative routes, staging areas, reviewing, parking, or disbanding stands or areas and,

(9) The approximate number of persons and kinds and number of animals, structures or vehicles that will constitute the special event, and the parking plan for the vehicle,

(10) Plan for trash removal

(11) The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise; and,

(12) The number and location of portable sanitation facilities; and,

(13) Other equipment or services necessary to conduct the event with due regard for participant and public health and safety; and,

(14) The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for events using city streets, sidewalks, or facilities; and,

(15) Provisions for first aid or emergency medical services, or both, based on event risk factors; and,

(16) Insurance and surety bond information; and,

(17) Any special or unusual requirements that may be imposed or created by virtue of the proposed event activity; and,

(18) Full information on the location, number and names of vendors, and the types of goods or services being intended to be marketed within the boundaries of the special event;

(19) Any other information required by the city manager.

Sec. 19-136. Conditions affecting the issuance of a special event permit.

(a) The city council may consider the issuance of special event permit, including but not limited to the conditions enumerated herein, when applicable to the nature of the event.

(1) The event will not substantially interrupt the safe and orderly movement of aerial or marine navigation.

(2) The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route, including specifically the displacement of vehicular parking into adjacent or neighboring commercial areas not part of the venue, or into adjacent or neighboring residential areas.

(3) The event will not cause a conflict with construction or development in the public right-of-way or at a public facility.

(4) The event will not block traffic lanes or close streets during peak commuter hours on weekdays or weekends, as determined by the manager.

(5) The event will not require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the city.

(6) The concentration of persons, animals or vehicles will not unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets.

(7) The event will move from its assembly location to its disbanding location expeditiously and without stopping enroute.

(8) The event will not substantially interfere with any other special event or demonstration for which a permit has already been granted or with the provision of city services in support of other scheduled events or unscheduled governmental functions such as visits of chiefs of state.

(9) The event will not have unmitigatable adverse impact upon residential or business access and traffic circulation in the same general venue.

(10) If the event is a marathon, it will not occur within 30 calendar days of another marathon.

(11) To make the determination under this section, the city council shall consider pedestrian and traffic circulation and parking, traffic volume and population density, time of year, and neighboring or adjacent zoning uses.

Sec. 19-137. Consideration of approval and reasons for denial of a special event permit.

(a) No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any message or viewpoint that may be conveyed at a festival, or on account of the identity or associational relationships of the applicant.

(b) No applicant for, or recipient of, an special event permit shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of a festival and its attendees from hostile members of the public or counter-demonstrators, or for general law enforcement in the vicinity of the festival because of hostility or counter demonstrators. Notwithstanding the preceding, the holder of a permit shall be required to provide a plan for internal security, as that term is defined in this article, for the festival assembly area, and shall be required to provide and pay for off duty police officers and private security guards for such internal security purposes.

(1) Provided a sufficient traffic plan or for sufficient traffic controls by persons appropriately trained, certified or appointed pursuant to state law which enables the control of traffic; or,

(2) Provided for an adequate parking plan that does not displace vehicle into neighboring or adjacent non-participating commercial or residential areas; or

(3) Provided sufficient monitors and a security plan for crowd control and safety; or,

(4) Provided sufficient safety, health or sanitation equipment, services or facilities that are reasonably necessary to ensure that the event will be conducted with due regard for public safety and sanitation; or,

(5) Provided sufficient off-site parking or shuttle service, or both, when required to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event; or,

(6) Provided sufficient signage information upon which approval can be granted; or

(7) Met all of the requirements for submitting an application for a special event permit.

(d) The city council may also deny a special event permit when

(1) Due to the inadequate internal security or deficient security plan of the event organizer given the projected attendance, or the time, place or manner of conducting the event, the event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage; or,

(2) The event, as proposed, will violate public health or safety laws; or,

(3) The event fails to conform to the requirements of law or,

(4) The applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this division; or,

(5) The applicant has failed to conduct a previously authorized or exempted special event in any jurisdiction in accordance with law or the terms of a permit, or both; or,

(6) The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur; or,

(7) The applicant has failed to provide an adequate internal security, first aid or emergency medical services plant based on event risk factors;

(8) The applicant has failed to comply with any term of this division, or with any condition of a special event permit previously issued to the applicant.

Sec. 19-138. Denial of a special event permit and appeal to a court of competent jurisdiction.

To the extent council's exercise of discretion is capable of appeal, any appeal or writ of certiorari permitted by law must be made to court of competent jurisdiction, within 30 days of the council's decision, whether rendered and received orally or in writing.

Sec. 19-139. Display of special event permit or facility use permit is required.

A copy of the special event permit or facility use permit shall be displayed on location or in the special event venue in the method prescribed by the city council or the city manager applicable to the particular event and shall be exhibited upon demand of any city official.

Sec. 19-140. Contents of special event permit.

Based upon council approval, a permit shall be issued by the manager. A special event permit shall always be accompanied by the site plan approved by council and may contain the following information or conditions:

(1) The location of the special event venue, which may be identified by a map attached to the special event permit;

(2) The date, assembly area, time for assembly and starting time of the special event;

(3) The specific route plan to the special event;

(4) The minimum and maximum speeds of the special event;

(5) The number and types of persons, animals and vehicles, the number of bands, other musical units and equipment capable of producing sound, if any, and limitations thereon pertaining to noise abatement;

(6) The portion of the street and sidewalk that is to be occupied by the event and the location of reviewing or audience stands, if any;

(7) The number and location of traffic controllers, monitors, other support personnel and equipment and barricades to be furnished by the special event organizer,

(8) The area and time for disbanding;

(9) Conditions or restrictions on the use, sale or free distribution of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event,

(10) Provisions for any required emergency medical services; and,

(11) Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this division, including the requirement for the on-site presence of the event organizer or its designated representative for all event coordination and management purposes.

(12) As a condition of the issuance of a special event permit, the applicant shall be required to make adequate provisions for cleaning-up the area or route of the event both during and upon completion of the event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the event.

Sec. 19-141. City Council's action on special event permit application.

(a) Except as provided in section 19-141(b), the city council shall take final action upon a completed application for a special event permit as soon as practicable, but no later than 60 days from the item being placed upon the agenda, provided however mutual consent may serve as a ground for continuance.

(b) The city council is not required to take final action upon any special event permit application prior to 180 calendar days before the event.

(d) The city council is not required to process more than one application for a special event permit per applicant during any two-week period.

(e) The city council is not required to take final action upon two or more special event permit applications submitted by the same applicant unless two or more weeks shall have elapsed between the respective dates of submission of each.

(f) Final action on a completed special event permit application shall consist of one of the following:

(1) Issuance of a special event permit in accordance with the terms of application after public hearing and by way of resolution.

(2) Issuance of a special event permit in accordance with the terms of the application, as modified by mutual agreement between the city council and the applicant, after public hearing and by way of resolution; or,

(3) Denial of the special event permit applications by the city council, with the reason(s) for denial stated in the motion.

Sec. 19-142. Insurance required to conduct special event; hold harmless.

(a) The event organizer of a special event must possess or obtain comprehensive general liability insurance from no less than a A-Rated company to protect the city against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name the city, its officer, employees, and agents and, as required, any other public entity involved in the event, as additional insured. Insurance coverage must be maintained for the duration of the event. Notice of cancellation shall be provided immediately to the city. When applicable, the city may require proof of workers compensation and auto liability insurance.

(b) Except as provided in section 19-142(c), comprehensive general liability insurance coverage required by section 19-142(a) shall be in a combined single limit of at least $1,000,000.00.

(c) If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards as determined by the manager, the manager may authorize a greater or lesser amount of coverage than required by sections 19-142(a) and (b), or may require a particular type of insurance coverage different from that specified in sections 19-142(a) and (b).

(d) The insurance required by section 19-142(a) shall encompass all liability insurance requirements imposed for other permits required under other sections of this Code and is to be provided for the benefit of the city and not as a duty, express or implied, to provide insurance protection for spectators or participants. The event organizer's current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the manager at least 60 calendar days before the event, unless the manager for good cause modifies the filing requirements.

(e) No permit is valid until the applicant shall accept the classification and conditions imposed in accordance with the resolution of council, as well as the applicant's agreement to hold harmless the city and its officers and employees from any damages to persons or property on claims that arise from the permitted event and by paying the applicable fees and providing adequate insurance.

Sec. 19-143. Waiver of insurance requirements.

(a) Except for special events where the sale of alcoholic beverages is authorized or for traffic control issues, the insurance requirements of section 19-142 may be waived by the council. In making the determination of whether to waive insurance, the city council shall consider the factors provided in section 19-143(a)(1)-(6).

(1) Whether the special event is expressive activity protected by the First Amendment,

(2) Whether the applicant or an officer of the sponsoring organization of a non-athletic event has filed a verified statement that he or she believes the event's purpose is First Amendment expression;

(3) Whether the applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression;

(4) Whether the event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks or pyrotechnics; or,

(5) Whether a fee or donation is charged or required as a condition of admission or participation in the event.

(b) The statement required by section 19-143(a)(3) shall include the name and address of one insurance broker or other source for insurance coverage contacted to determine premium rates for coverage.

(c) To claim that it is objectively impossible to obtain insurance coverage pursuant to section 19-143(a)(4), the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the market place.

(d) Even though insurance is waived, no permit may be issued without the organizer of a special event agreeing to defend, indemnify and hold harmless the city from any claim or liability arising from the event.

Sec. 19-144. Revocation of special event permit.

(a) Any special event permit issued pursuant to this division is subject to revocation pursuant to this section.

(b) A special event permit may be revoked if the city manager determines:

(1) That the event cannot be conducted without violating the standards or conditions for special event permit issuance; or,

(2) The event is being conducted in violation of any condition of the special event permit; or

(3) The event poses a threat to health or safety; or

(4) The event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this Code; or

(5) The special event permit was issued in error or contrary to law; or

(6) The facts or assertions in the application have been falsified or misrepresented.

(c) Except as provided in section 19-144(d), notices of revocation shall be in writing and specifically set forth the reasons for the revocation.

(d) If there is an emergency requiring immediate revocation of a special event permit, the city manager may notify the permit holder verbally of the revocation.

(e) An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of facility use permit pursuant to section 19-138.

Sec. 19-145. Cost recovery for commercial special events.

(a) For any commercial special event requiring expenditure of public resources, the manager shall charge for the actual cost of:

(1) The salaries of city personnel involved in permit processing, event traffic control, fire safety or other facility or event support; and

(2) The use of city equipment and other non-personnel expense.

(b) The city shall require the payment of fees required pursuant to section 19-145(a), or a reasonable estimate thereof, at the time the completed application is approved, unless the city manager, with the concurrence of council, for good cause extends time for payment.

(c) If the event organizer fails to comply with section 19-140(12), the event organizer will be billed for actual city costs for clean up and repair of the area or route occasioned by the event. If the event organizer failed to comply with section 19-140(12) under a previously issued special event permit, the event organizer shall deposit adequate surety in the form of cash or bond.

Sec. 19-146. Vendor or organizer at commercial special events pays a flat fee.

In addition to cost recovery to be determined by the manager in section 19-129(b), and in addition to any required business license, an event organizer, or the individual vendor of any special event must pay the city a flat fee for vending/display buildings or structure as follows:

(1) For any building erected a fee of $1.00 per footprint square foot

(2) For any trailer or mobile structure towed or driven on the site, a fee of $3.00 per footprint square foot.

An event organizer, or individual vendor of any special event shall make payment for the flat fee prior to set-up.

Sec. 19-147. Reserved.

Sec. 19-148. Reserved.

Sec. 19-149. Enforcement authority; penalties.

The city manager is authorized to administer and enforce the provisions of this division. The city manager and his or her designated enforcement officials may exercise any enforcement powers as set forth in law. Violations of any section of the Code may result in the imposition of penalties upon conviction pursuant to section 1-9.

Sec. 19-150. Authorized special event vendors.

(a) Subject to the requirements of applicable federal, state, county or city laws or regulations, the issuance of a special event permit confers upon the permit holder or event organizer the right to control and regulate the sale of goods, food and beverages within the special event venue in accordance with the terms and conditions of the special event permit, if permitted by council.

(b) Vendors authorized to sell goods, food, or beverages in the special event venue shall display their authorization in the manner required by applicable law. Only vendors displaying the required authorization shall be allowed to sell goods, food, or beverages in the special event venue.

(c) The issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this Code, or other laws.

(d) The issuance of any other permit or license issued pursuant to this Code does not relieve any person from the obligation to obtain a special event permit pursuant to this division.

(e) It is unlawful for any person to sell, resell, or offer to sell or resell, any goods, food or beverages within the special event venue, except in the manner as set forth in the application approved by council.

Sec. 19-151. Strict liability offenses.

Violations of this division shall be treated as strict liability offenses regardless of intent.

Sec. 19-152. Unlawful to conduct or promote attendance at special event without permit.

(a) It is unlawful to conduct a special event without a special event permit as required pursuant to this division.

(b) It is unlawful for any person to conduct, promote or manage any special event for which a special event permit has not been issued.

Sec. 19-153. Unlawful selling of tickets to special event within special event venue.

It is unlawful for any person to sell for profit, or offer to sell for profit, any ticket of admission to a special event within a special event venue, except:

(a) From any ticket office, booth, or other similar place established and maintained for the purpose of selling tickets; and,

(b) With the express authorization of the city manager pursuant to a special event permit.

Sec. 19-154. Unlawful to display signs in special event venue except as permitted.

It is unlawful for any person to place, post, paint, erect, display, secure, or maintain any sign or banner pertaining to the special event unless pre-approved by the council, based upon the application and permitting process. The number of signs, sign face size, height, location and duration of display shall be addressed in the application. No sign shall obstruct a sight triangle or be placed within ten feet of the boundary line of the property serving as the venue.

Sec. 19-155. Unlawful to interfere with a permitted facility use, special event or demonstration.

It shall be unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a demonstration or an event for which a special event permit has been issued.

Sec. 19-156. Excessive public safety cost; Responsible parties.

(a) Excessive Public Safety Response Costs.

In addition to all other civil and criminal remedies provided by law, the City shall be entitled to recover the cost of excessive public safety response associated with a special event, whether permitted or unpermitted, and occurring within or outside the city limits but directly impacts the city residents or city resources, from the responsible party. Excessive public safety response costs may be collected in any manner prescribed by law. Event promoters that promote, stage, conduct, organize or sponsor such permitted or unpermitted events either within or without the city limits shall be held accountable, and shall be responsible for the cost of the City�s additional expenditure of public resources made necessary by any excessive public safety response. For purposes of this section, �excessive public safety response� means the deployment or dispatch of five or more law enforcement officers to the scene at any one time, or the need for public safety personnel or emergency vehicles, or code enforcement or public works equipment or personnel due to an observation or report of public disturbances, or public health/safety or code violations at the location of the structure when compared to the frequency or intensity of law or regulation enforcement required at other similarly situated structures. Excessive public safety response costs also include the cost of any public safety response that is caused by the failure of the permitee to adequately plan for or abide by the granted permit conditions. Excessive public safety response costs do not include protection of the attendees of a free speech event from hostile members of the public or counter-demonstrations.

(b) Responsible parties.

Responsible parties shall include any event promoter that knows or should have known that their promoting, staging, conducting, organizing or sponsoring of a permitted or an unpermitted event or rally could result in public resource deployment for public safety, health or welfare. Responsible parties shall be jointly and severally liable for additional expenditure of public resources or excessive public safety response costs associated with a special event. Responsible parties shall include but not be limited to:

1) The holder of a special event permit issued pursuant to this division;

2) Any event promoter that staged, conducted, organized, promoted or sponsored the event;

3) The owner of the property where the event was held.

Secs. 19-157 through 19-159. Reserved.

DIVISION 2

PARADES

Sec. 19-160. Parade Permitting

a. Authority; enforcement; generally

1. The Manager or a designee is authorized to issue parade permits and to close streets for approved parades. A person seeking issuance of a parade permit shall file application with the police chief on forms provided by the department of police. An application for a parade permit shall be filed with the police chief or the chief's designee not less than 30 days or more than 180 calendar days before the date of the proposed parade. No fee shall be required for a parade permit application.

2. The Manager or designee, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the police chief, file a written notice of acceptance with the Manager or designee. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this article. The Manager or designee shall have the authority to revoke a parade permit issued under this division upon application of the standards of issuance as set forth in this division.

3. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when these vehicles or persons are in motion and are conspicuously designated as a parade, unless directed by a law enforcement officer. A permittee under this article shall comply with all permit directions and conditions and with all applicable laws and sections of this Code and other ordinances. The parade chair or other person heading or leading such activity shall carry the parade permit personally during the conduct of the parade. The applicant shall pay reasonable fees as are determined to be necessary to cover the cost of public services and equipment provided by the city for the event. The applicant or sponsor shall be responsible for cleanup after an event. A bond may be required. A parade permit is not sponsorship by the City.

b. Application

The application for a parade permit shall set forth the following information:

1. The name, address and telephone number of the person seeking to conduct the parade;

2. If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of this organization;

3. The name, address and telephone number of the person who will be the parade chair and who will be responsible for its conduct;

4. The date when the parade is to be conducted;

5. The route to be traveled, the starting point and the termination point;

6. The approximate number of persons who and animals and vehicles which will constitute the parade, and the type of animals and description of the vehicles;

7. The hours when the parade will start and terminate;

8. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;

9. The location by streets of any assembly areas for the parade;

10. The time at which units of the parade will begin to assemble at the assembly area;

11. The interval of space to be maintained between units of the parade;

12. If the parade is designed to be held by and on behalf of or for any person other than the applicant, a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on such person's behalf;

13. Any additional information that the Manager or designee shall find reasonably necessary to a fair determination as to whether a permit should issue.

c. Insurance; Issuance; Conduct; Costs

Insurance from no less than an A-Rated company naming the City as an additional insured may be required in the form acceptable to the Manager consisting of comprehensive general liability insurance coverage in a combined single limit of at least one million dollars ($1,000,000).

1. The Manager or designee shall issue a parade permit if no reason for denial exists, and after due consideration of the following factors in light of the application and from such other information as may otherwise be obtained.

a) The conduct of the parade should not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

b) The conduct of the parade should not require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;

c) The conduct of the parade should not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;

d) The concentration of persons, animals and vehicles at assembly points of the parade should not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to the assembly areas;

e) The conduct of the parade should not interfere with the movement of firefighting equipment en route to a fire;

f) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance;

g) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route within a period of four (4) hours; and

h) The applicant for a permit has not violated the terms of any previous parade permit granted to the applicant and has not caused undue traffic congestion and police problems under any previous parade permit.

d. Grounds of Denial; Notice of Denial; Appeal.

The Manager or designee shall deny the application for a parade permit

1. The person applying for the permit has failed to complete the application, or provide the required insurance protection;

2. The information contained in the application is found to be false in any material respect;

3. An application for another event to be held on the same date as that requested has been previously filed or approved, and the other event is so close in time and location to the event proposed as to cause undue traffic congestion or to place the City in a position of being unable to meet the needs for police, fire, ambulance and public work services for both events;

4. The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route of the event, or disrupt the use of a street at its peak traffic time, or impede operation of emergency vehicles;

5. The concentration of persons, animals or vehicles at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire or ambulance services reaching areas contiguous to the event;

6. The size of the event will require the diversion of so many City police officers that police protection to the rest of the City will be seriously jeopardized. However, the permit may not be denied because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed;

7. Given the size and nature of the event, the reasonably available number of City police officers and other personnel is not sufficient to ensure the safety of participants or the attending public;

8. The event consists of a parade that will not move from its point of origin to its point of termination in four (4) hours or less;

9. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the public right-of-way to be occupied by the event;

10. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of the school or class;

11. The application is not timely submitted and there is insufficient time to investigate and process the application.

12. The Manager or designee shall act upon the application for a parade permit within thirty (30) days after filing thereof. If the application is not approved, notice of denial shall be mailed to the applicant as soon as practicable, but no later than 40 days after the date upon which the application was filed. Such notice will state the reasons for denial of the permit. Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be filed no later than fifty (50) calendar days after the date the application was filed. The appeal shall be heard at the next regularly scheduled meeting of City council. The decision of the City Council to grant or deny that appeal shall constitute the exhaustion of the applicant's administrative remedy. To the extent that Council�s action is capable of appeal, any further appeal permitted by law shall be to a Court of competent jurisdiction within thirty (30) days of the Council�s decision, whether rendered and received orally or in writing.

DIVISION 3

FACILITY USE

Sec. 10-161. Facility Use Permits

a. Authority

A request for a reserved use of a public facility, or portion of a public facility for a group function not rising to the level of a special event shall be made to the Cultural and Leisure Department in charge of such facility and in the case of beach use to the Police Department on a form prescribed and in the manner prescribed by the Manager. The Fees for the use of facilities shall be established by City Council. The facility use permit accomplishes a reservation for a planned function. No person is required to make reservations for use, but no person can exercise event or territorial exclusion as to the general public without a facility use permit. Vendors are permitted. All uses are subject to applicable laws and administrative rules regarding park use. Not all facilities are subject to reservation, and all permits are at the discretion of the City in consideration of the impact on public property in terms of use frequency, intensity, duration, time and manner; and impact on the general public and neighboring properties on the issue of security, peace and quiet, vehicular movement and parking, and concentration of persons. Beachfront permits are of particular sensitivity.

b. Insurance; Waiver

A legal entity known as a sole proprietorship, any corporation form, limited liability Company, lawfully formed association, or partnership shall provide insurance for its reserved use of the facility. Insurance is required in a form acceptable to the Manger from no less than a A- Rated company naming the City as an additional insured under comprehensive general liability insurance coverage be in a combined single limit of at least one million dollars ($1,000,000). If the use may constitute a potentially hazardous activity or condition, or if uninsured structures are to be erected, or when some one other than the parent or guardian is providing oversight or supervision of minors, then insurance shall be required regardless of the requesting entity�s status. No permit may be issued without the organizer of a special event agreeing to defend, indemnify and hold harmless the City from any claim or liability arising from the event.

c. Application; Process

In order to allow equal access and appropriate departmental review, an application for a facility use permit shall be filed not less than fifteen (15) calendar days, nor more than one (1) year before the time when it is proposed to use the facility. Applications submitted outside these times shall not be considered.

d. Denial; Appeal

A Facility Use Permit may be denied upon any of the following grounds:

1. The person applying for the permit has failed to complete the application;

2. The information contained in the application is found to be false in any material respect;

3. An application for another Facility Use to be held on the same date as that requested has been previously filed or approved;

4. The proposed Facility Use will interfere with a programmed governmental use of the facility;

5. The location of the proposed use will substantially interfere with construction or maintenance work previously scheduled to take place on or along the public right-of-way adjacent to the facility.

6. The application is not timely submitted and there is insufficient time to investigate and process the application.

The Manager or designee shall act upon the application for a facility use permit within 30 days after filing thereof. If the application is not approved, notice of denial shall be mailed to the applicant as soon as practicable, but no later than 40 days after the date upon which the application was filed. Such notice will state the reasons for denial of the permit. Any person aggrieved shall have the right to appeal the denial of a facility use permit to the City Council. The appeal shall be filed no later than fifty (50) calendar days after the date upon which the application was filed. The appeal shall be heard at the next regularly scheduled meeting of City council. The decision of the City Council to grant or deny that appeal shall constitute the exhaustion of the applicant's administrative remedy. To the extent that Council�s action is capable of appeal, any further appeal permitted by law shall be to a court of competent jurisdiction within thirty (30) days of the Council�s decision, whether rendered and received orally or in writing.

Sec. 19-162 through 169 Reserved

DIVISION 4

PUBLIC PERFORMANCE

Sec. 19-170. Purposes

The City Council finds that the existence in the City of street or public performers provides a public amenity that enhances the character of the City and seeks to encourage such performances to the extent that they do not interfere with the reasonable expectations of residents to the enjoyment of peace and quiet in their homes, the safe and orderly movement of vehicular or pedestrian traffic, or to the ability of businesses to conduct their businesses without impediment or interruption. This section seeks to balance the interests of the performers with those of the residents and businesses of the City. A street or public performance occurring under this section is not the reserved use of a public facility requiring a Facility Use Permit, or the occurrence of a Special Event requiring a Special Event Permit, or the act of solicitation as defined in City Code. The City Council designates the City Manager or designee to be the agent of the City primarily charged with the responsibility of supervising the provisions of this section.

Sec. 19-171. Definitions specifically pertaining to this Division.

1. "Executive Order� means a written directive by the City Manager, or appropriate designee, that identifies with specificity an area to be excluded from performance, the exigent facts and circumstances relating to public health, safety, welfare or economy compelling exclusion, and the beginning and ending time of exclusion.

2. �Perform" includes, but is not limited to, the following activities suitable for listening, viewing or participation by an unaccompanied minor: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art (working with non-permanent, water-soluble media, i.e., chalk, pastels, or watercolors directly on the pavement), and reciting. Perform shall not include the manufacture, assemblage, production, display or offering of items for sale, or the solicitation for money in exchange for the performance. The performance is done for free with no expectation of donation.

3. "Performer" means a person who has obtained a permit pursuant to this section.

4. "Public areas" means public sidewalks, parks, playgrounds and other pedestrian areas, as limited by Council Resolution.

Sec. 19-172. Permit Required.

1. No person may perform in a public area without a permit issued pursuant to this section. The Business License Inspector shall issue a permit to each applicant after the applicant has completed a business license application that has been accepted and a fee of fifty dollars.

2. A completed application for a permit, and the permit itself, shall contain the applicant's name, residence address and telephone number, and shall be signed by the applicant.

3. A permit shall be valid from the date on which it is issued through the end of that calendar year. All permits expire on December 31^st of each year.

4. A permit shall be nontransferable, and shall contain the permit number of the applicant and the year in which the permit is valid. Each member of a group of performers who play together shall be required to obtain an individual permit.

5. Upon issuing a permit, the Business License Inspector shall also give the performer a copy of this section.

6. If a performer loses his or her permit, one replacement permit per year may be obtained for a fee of fifteen dollars.

7. A performer shall clearly display his or her permit while performing, and shall allow inspection of the permit by any law enforcement or code enforcement officer on request.

Sec. 19-173. Time, Place and Manner Permitted Performances.

1. Performances may take place in public areas, except within one hundred feet of an elementary and/or secondary school, library, or church while in session, a hospital at any time, and except in public areas excluded by the City Council by Resolution and the Manager pursuant to Executive Order pursuant to this section; On private property, with the written permission of the owner or other person in control of such property.

2. Performances may take place at the following times: Monday through Thursday, between 10:00 a.m. and 12:00 p.m.; Friday and Saturday between 10:00 a.m. and 1:00 a.m.; and Sunday, between 12 noon and 11:00 p.m.

3. In the public ocean side park at the intersection of Mr. Joe White and Ocean Boulevard, performances may take place at the following times: Monday through Thursday, between 7:00 a.m. and 12:00 p.m. midnight; Friday, between 7:00 a.m. and 1:00 a.m.; Saturday, between 8:00 a.m. and 1:00 a.m. and Sunday, between 12:00 noon and 10:00 p.m.

4. No performer or group of performers may perform in such a manner as to generate noise exceeding a median sound level of eighty five decibels measured at a distance of twenty-five feet from the performer or group of performers. A performer or group of performers may use sound amplification as long as this sound level is not exceeded. Upon a complaint by a resident, a law enforcement or code enforcement officer shall, with the permission of the resident, measure the sound level inside the residential dwelling. If the sound level exceeds a median sound level of fifty decibels, and exceeds the background noise by at least ten DbA, the performer or group of performers causing the excessive sound level shall either turn down the music or move to a distance from the residence so as to reduce the sound level within these limitations. Background noise for this purpose shall mean L 90. Drums shall be inaudible at a distance of one hundred fifty feet.

5. Inasmuch as the performer has no expectation of exclusivity or reservation of public space, a performer may not perform in such a manner as to create an undue interference with the passage of the public through a public area. If a performer attracts a crowd sufficient to obstruct the public way, a police officer may disperse the portion of the crowd that is creating the obstruction. The police officer shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order.

6. No performer or group of performers may perform in any manner less than fifty feet from another performer or group of performers.

7. No performer may perform in any manner at any one location for more than two hours if another performer provides notice of intent to perform. No location may be monopolized to the exclusion of other permitted performers beyond the two-hour limit. No location may be reserved or considered as the performer�s space.

8. No performer may perform in any manner so as to interfere with the holder of a Parade Permit, Facility Use Permit or Special Event Permit. The performance permit is subordinate in all respects to rights of a holder of a business license, Parade, Facility Use or Special Event permit. If a performer interferes with a holder of a superior permit, a law or code enforcement officer may order the performer to cease and desist immediately.

9. In any manner of performance, a performer may not by word, conduct or signage solicit money before, during or after the performance as such a request would constitute an unlawful solicitation. Provided however, a performer may accept an unsolicited donation in a plain receptacle, such as an open musical instrument case, box or hat. The display of a receptacle shall not be considered solicitation. Performers may not offer for sale recordings of their own work, in the form of records, cassettes, videotapes or compact discs. On sidewalks, a performer may not position him or herself or any objects so as to obstruct handicap ramps, doorways, or windows (i.e., performers shall not tape or post signs or posters on windows or lean displays against windows so as to obstruct a clear view through the window), and the positioning of performer or objects of performance must not exceed more than 20% of the width of the sidewalk from the property line of the premises in front of which the display is installed. Notwithstanding the foregoing, a performer may set up a display on the public sidewalk in front of a doorway to a business if the business is not open, assuming said display meets all other requirements of this section. In public areas other than sidewalks, no such display shall exceed twenty-five square feet, and it shall be prohibited to place a carpet, rug, blanket, or other such covering over grass in a public place.

Sec. 19-174. Exclusion of Certain Public Areas; Restrictions of Time.

1. A specific public area may be excluded from performances in accordance with constitutional standards by decision of the City Council expressed in Resolution after a public hearing.

2. During permitted construction, the City Council authorized the City Manager to issue an Executive Order to temporarily exclude performances from said areas of reconstruction.

3. The City Council authorizes the City Manager to issue an Executive Order to temporarily exclude performances in the case of a public emergency, or when the public health, safety, welfare or economy require a temporary exclusion, under the exigent facts and circumstances.

Sec. 19-175. Penalties for violations; suspension and revocation.

1. Any person who violates the provisions and requirements of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined or imprisoned as provided for in section 1-9.

2. The Manager or designee may suspend a permit for no more than sixty days if a performer is found to have knowingly provided false information in the application; or a performer has been adjudicated guilty of two violations pertaining to this chapter within one calendar year.

3. The Manager or designee may revoke a permit for the remainder of the calendar year if a performer has received three adjudications of violations during that calendar year.

4. On the date of suspension or revocation, the Manager shall provide written notice Within five days of suspending or revoking a permit, the Manager must hold a public hearing, after ten days written notice to the performer setting forth the facts constituting the basis for the proposed suspension or revocation.

5. A performer may not receive a new permit unless all taxes, fees, fines or assessments due and owing to the City have been paid.

Sec. 19-176. Severability.

The provisions of this section are severable, and if a court of competent jurisdiction should hold any part of this section invalid, such invalidity shall not affect the remainder of the section and the remainder of the section shall stay in full force and effect

This ordinance shall take effect immediately upon adoption.

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P.O. Drawer 2468

Myrtle Beach, SC 29578

Phone: (843) 918-1000

Fax: (843) 918-1028

e-mail: info@cityofmyrtlebeach.com