3697 'ORDINANCE NO. 3697
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING THE CODE OF THE CITY OF SANFORD,
RELATING TO SPECIAL EVENTS AND PEDDLERS AND
PROVIDING FOR THE DEFINITION OF "SPECIAL EVENTS";
PROVIDING FOR LEGISLATNE FINDINGS; PROVIDING
FOR SPECIAL EVENT PERMITS; PROVIDING FOR
PERMITTING CRITERIA; PROVIDING FOR APPLICATIONS
AND PROCEDURES; PROVIDING FOR ON PREMISE AND
OFF PREMISE PERMITS; PROVIDING FOR SEPARATION
REQUIREMENTS; PROVIDING FOR VIOLATIONS AND
PENALTIES; PROVIDING FOR LIMITATIONS; PROVIDING
FOR AN EXEMPTION; PROVIDING FOR PROHIBITIONS
RELATING TO PEDDLERS; PROVIDING FOR
PROHIBITIONS RELATING TO PRODUCE PEDDLERS;
AMENDING SECTIONS 18-38, 18-71 AND 1822, C/TYCODE
OF THE CITY OF SANFORD; PROVIDING FOR
CODIFICATION, SEVENABILITY, CONFLICTS, AND AN
EFFECTNE DATE.
WHEREAS, the City Commission has concluded that consumers, the traveling
public, pedestrians, and the best interests of the public are sewed when commercial and
other activities occurring at special events am regulated in a manner which protects the
public health, safety and welfare in a reasonable manner pertaining to the time, place and
manner of such events; and
WHEREAS, the City Commission desires to protect the citizens of the City from the
adverse effects of transitory business and other enterprises and activities which are prone
to be unavailable to address consumer complaints and adverse impacts to the public
subsequent to departing the City; and
WHEREAS, the City Cornmission finds that special events occur in a manner that
advance and protect the public interest when local resident businesses and entities, both
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profit and non-profit, are permitted by the City,
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA:
.SECTION 1. LEGISLATNE FINDINGS. The recitals of this Ordinance are hereby
adopted as legislative findings.
SECTION 2. Section 18-38, City Code of the City of Sanford, Florida, is hereby
amended to read as follows:
Sec. 18..38. Special Events.
(a) "Spedal events shall mean any meeting, activity, parade or gathering
of a group of persons, animals or vehicles or combination thereof, having a
common purpose on any public or pdvate street, sidewalk, alley, park, lake
or other public or pdvate place or building, which special event substantially
inhibits the usual flow of pedestrian or vehicular travel or which occupies any
public or private place or building so as to preempt normal use of space by
the general public or which deviates from the establishad use of a space or
building. Special events are activities that are of a temporary, non-
permanent or seasonal nature. Any activity that is not so determined, shall
cornply with all applicable City requirements including, but not limited to, the
City's !and development regulations. All off~~ temporary and seasonal
sales shall be deemed special events.
(b) All special events shall require a special event permit from the City.
(c) The issuance of special event permits shall be limited as follows:
(1) Persons or entities actively engaged in a licensed business and
maintaining a physical business location within the City may be issued
permits for special events located on the premises of the business or entity
or off-premises. Evidence of a permanent physical business location must
be provided to the City at the time of application. Notwithstanding the
foregoing, businesses which have a bona fide post office address for a City
of Sanford assigned zip code may be granted special event permits if the
event requiring such permit relates to an area at which the special event
will occur located at a regional shopping mall that has been approved as a
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development of regional impact.
(2) Bona r-K~e charitable, fraternal, educational, governmental, civic,
cultural and religious organizations with offices or houses of worship located
within the City may be issued permits for special events located on the
premises of the organization or off-premises. Evidence of a permanent
physical office or location must be provided to the City at the time of
application.
(3) No special events permit will be issued for the temporary sale,
promotion, display or show of any merchandise, including, but not limited to
automobiles, beats, recreational vehicles, furniture or flowers or seasonal
sales to a business or person with a permanent business address which is
not located within the City. The provisions of this Section shall not be
cormtreed to deter or interfere with any business or entity from engaging in
commerce within the City or from obtaining special event permits once so
located.
(4) In order for a business or organization to be granted a spedal events
permit at an off premises location, it must prove to the City with an
appropriate binding document executed by the owner of the off premise real
property that the permit applicant has authority to use the subject real
property for the entire duration of the special event permit.
(d) Applicants for a special event permit shall file a written application for
a permit with the director of parks and recreation for rev'~,w no less than
thirty (30) days in advance of the planned event on application forms
provided by the City. Applicants must submit a list of all subcontractors,
vendors, food and beverage dispenser that will be associated with the event
to the City of Sanford licensing official. Insurance is required for all special
events and rentals of City facilities in accordance with the requirements of
the City's risk management officer.
(e) City Cornrnission approval shall be required for all special events
permits involving the outdoor consumption of alcoholic beverages, street
dostares, carnivals and circuses, parades, pyrotechnic displays, benfires or
cersrgmial type rims and any request to waivespedal events policies and/or
fees. Requests for waivers shall be subrrdtted with a justification, based
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upon a public benefit, of the waiver request. The City Manager or his
desigr-;-G shall approve or deny all other special events applications which
decisions shall be subject to appeal to the City Commission which appeal
must be filed with the City Clerk within five (5) days of the decision.
(f) Policies and procedures regarding special events permits shall be
filed in the office of Parks and Recreation,
(g) The applicant for a special event permit for off-premises sales,
including all seasonal sales (such as Christmas tree sales, firework sales,
pumpkin sales, etc.) shall be either a charitable, fraternal, educational,
governmental, cultural, civic or religious organization with its physical
location within the City or shall be for the promotion and sale of merchandise
offered by licensed business that operates and maintains a physical
business location within the City.
(h) The applicant for a special event permit for an off-premises carnival,
fair, circus, parade and similar types of tampomry recreational shows or
amusements shall be a bona fide charitable, fraternal, educational,
governmental, cultural, civic or religious organization that operates and
maintains a permanent location for its activities within the City.
(i) No camival or drcus may operate within three hundred ~,t (300') of
a residential zoning district or an existing residence.
(j) All off-prm locations am subject to approval by the City with due
consideration being given to the compatibility of the activity or event, the
intensity of the event and other matters consistent with sound and germrally
accepted land use practices and principles,
(k) Violations of, or failure to, comply with the requirements of this
Section shall be punishable as provided in Section 1-8 of the Code.
(!) On-premises outdoor sidewalk sales and sales of a similar nature do
not require a special event permit if only goods that are usually sold within
a store or structure located on the p~ are sold outside and the outdoor
sales occur no more that four (4) times per year for not more than three
consecn/dve (3) days per sale. All other permits, including, but not limited to,
tents permits and tenq:Kn'ary electrical permits, my be required by the
building department. A special events permit is required for such outdoor
sales in excess of the four (4) pe~ on-premises sidewalk sales per
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year.
(m) The requirements of this Section shall not apply to motion
photography production endeavors if a permit has been issued pursuant to
Chapter 16 1/4 of the C/b/Code of the C/ty of Sanford.
SECTION 3. GENERAl I~-n~LER REGULATION. Section 18-71, C/ty Code of
the City of Sanford, Florida, is hereby amended to read as follows:
Sec. t 8-71. Peddling and ribplay of atedab.
(a) It is unlawful for any person to peddle or display their materials,
except upon their licensed vehicles at locations that do not crate traffic
hazards or at pG~itlsd special events. it is unlawful for a peddler to spread
materials upon the ground, platforms, tables, or other sffijcturea. All peddlers
must move to a new location at least on thousand (1,000) feet away every
two (2) hours and no location is to be used more than once in a twenty4our-
hour pedod,
(b) Any peddler peddling materials at a permittc-d special event must
have approval of the perrrfdee, comply with all permit conditions, and comply
with any requirements of the permittee.
,}ECTION 4, PRODUCE PEDDLFR REGUI ATION. Section 18-22, City Code of
the City of Sanford, Florida, is amended to read as follows:
....~.,__ !.~.22,_ .PI'4~_.~_~I Pedd..Iprs Prohibited: ExceotiolL),
(a) For the purposes of this section, the term "produce peddler' shall
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mean any person selling or offedng for sale perishable agricultural
commodities from any wagon, truck, pushcart, motor vehicle or portable
conveyance or structure or by any means other than from an established
building or structure containing sanitary facilities as required in Chapter 19
and meeting the requirements of Chapter 13.
(b) It shall be unlawful for any produce peddler within the corporate limits
of the City to sell or offer for sale any perishable agricultural cornmodities;
provided, however, this Section shall not apply to bona fide farmers
marketing perishable agricultural commodities grown upon a farm owned or
controlled by such farmers so long as the sales am conducted from a vehicle
which remains stationary for periods of not more than two (2) hours at any
given location at locations that do not create traffic hazards or at permitted
special events.
(c) Any produce peddler peddling produce at a permitted special event
must have approval of the permittee, comply with all permit conditions, and
comply with any requirements of the permittee.
SECTION 5: CODIFICATION, it is the intention of the City Commission of the
City of Sanford, Florida (City Code of the City of Sanford, Florida or Sanford City Code),
and it is hereby ordained that the provisions of this Ordinance shall become and be made
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a pad of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention; that the word,
"Ordinance," may be changed to "Section,' "Article,' or other appropriate word; provided,
however, that Sections 5, 6, 7 and 8 shall not be codified.
SECTION 6: SiRABILITY if any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair
the validity, force or effect of any other action or part of this Ordinance.
SECTION 7:. CONFLICTS All Ordinances or parts of Ordinances in conflict
herewith be and the sam are hereby revoked.
SECTION 8: EFFFCTNE DATE That this Ordinance shall becorre effective
imrnediately upon passage and adoption.
B Y L~~~~/M~YOR
ATTEST:
As the City Commission of the
City of Sanford, Florida
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CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3697, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Fiodda, on the <~'-~ day of
_ ~'~ ,2002, was posted at the front door of the City Hal! in the City of
Sanford, Flodda, on the day of ,2002.
of the Ci~ ~
of Sanford, Florida
C:~WINDOWS~~-A~I.WPD
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