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Park Use Permit - Michael Hazellief Kick-OffCITY OF OKEECHOBEE 55 SE THIRD A VENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 ext. 217 Fax: 863-763-1686 e -mail: idunham(a�cityofokeechobee.com Park Use Permit Permit Number: 013 Date(s) of Event: April 28, 2016 4:30PM- 8:OOPM Permit Expiration: April 28, 2016 11:59 A.M. Purpose of Request: Michael Hazellief Campaign Kick -Off Property Owner: City of Okeechobee Address: 55 SE Third Avenue City: Okeechobee State: Florida Zip Code: 34974 Applicant: Michael Hazellief Phone Number: 863 - 634 -5225 Current Zoning: P Subdivision: City of Okeechobee Applicant's Address: P 0 Box 391, Okeechobee Address of Project: Park 4 FLU Designation: Public Restrictions /Remarks: All debris must be removed within 24 hours of expiration date. *Memo attached regarding political rallies and similar events held in City Parks _Ta c k i,e' General Services Assistant April 19, 2016 Date March 10, 2016 MEMO Re: use of city parks The question has been posed, may a candidate for public office request the use of a portion of the city park to hold a rally, at which time political speeches would occur, in conjunction with preparation and serving of food, such as a bbq. The city parks are open for free public use, pursuant to the original 1914 plat and park dedication, which use has not been contested by the previous owners, Hamrick Trust. It has always been the position of the city that the public may request use of park areas for any legitimate purpose, although permitting commercial use has been a contested issue from time to time. In relation to public participation in government, FS 768.295 states in part: "The intent of the legislature is to protect the right in Florida to exercise the rights of free speech in connection with public issues and the right to peaceably assemble ". It is my opinion then, that a political candidate may reserve a portion of the park for holding a political rally, as an absolute right to assemble and exercise free speech as guaranteed by Amendment 1 of the US Constitution. In accordance with previous restrictions however, we should prohibit charging fees, or fund raising in the park or solicitation of campaign funds in this specific instance. Jcook City Attorney Page 1 of 3 CITY OF OKEECHOBEE ��,- of•oic 55 SE THIRD AVENUE ° ; OKEECHOBEE, FL 34974 o r 14 Tele: 863- 763 -3372 ext. 218 Fax: 863- 763 -1686 =�' r a��,� PARK USE AND /OR TEMPORARY STREET/ ''- .40, �0'' SIDEWALK CLOSING PERMIT APPLICATION Date Received: t -�':.? t- Date Issued: Date(s) of Event: 't -6 i tt 4- 11S--1(i • -•-,c 1-'4, s4(4.-- t!41 Application No c r _ r- I _',a Information:d;s� O1-gsrniation v Ae` !r- �� t'',`,,� Tax Exempt No /Cl { )4Vlailing Address: P/' 6 of �a ' eitii.c2A-,) 1^. c ,_ 'SL' ? ; t'f'. f'A hi. 1 14 41%, , xf V 9141-\-1\ 7_,E.C.LT r c- C7■ t-1,!,,.. Co t."1/4- ,Contact Person: -Mail Address: Telephone: Work: Home: Cell: , •) CI '-' c Z)- S Summary of activities: CAN/04 4,4 Mttk- t C7 eel . Sgrd,,., ret- oloiNMers l c,SQR.5C StI11-s, (de 444.4 lj(ucL eu iK �V X S k� , dl lLs } G ;rs Sea ,,.�, — Soot- c,� 1drtAls q&'ivi —,.LJ. —(Act 0-i ghes r es11UorS , .- L4.11(1 j:e_ Al." c01 r1, al .4tr;aIS Proceeds usage: Please check requested Parks: Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park ❑ #2 ❑ #3 #4 ❑ #5 ❑ #6 OR Address of event: ki IA Parcel ID: ,(ite Page 2 of 3 TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (If not using Park(s), provide event address) 14 11 Street Address City State Zip Code Street(s) to be closed: Date(s) to be closed: Time(s) to be closed: Purpose of Closing: Attachments Required: Charitable Function Temporary Street and Sidewalk Closing > Original signatures of all residents, property owners and business owners affected by the closing. Plan -::.... > Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as additional insured. > Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as additional insured. *Proof of non - profit status *Letter of Authorization from Property Owner > If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be attached for each business. TUP can be obtained from the General Services Department. > State Food Service License, if applicable. > State Food Service License, if applicable. > State Alcoholic Beverage property. No alcoholic r' Note: > Clean -up is required within License, if applicable. (Alcoholic beverage can be served only on private beverages are allowed on City property, this included streets and sidewalks.) 24 hours. permitted on City property, streets or sidewalks. if any type of alcoholic beverages are served on private you possess a State Alcoholic Beverage License. Please note there are inside consumption licenses. You must have the appropriate license(s). Works will be responsible for delivering the appropriate barricades. are required when closing a street for more than three (3) hours. No alcoholic beverages No donations can be requested property /business unless consumption and outside > The Department of Public Dutnpsters and port -o -lets Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refunded to the applicant. Page 3 of 3 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04 -03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTL I TE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AS ADDITIONAL tc 'I/ 4 Yi4 q-1--ff, IN U D App cant Signature Date 'OFFICE USE ONLY "" Staff Review Fire Department: r Date: Building Official: Public Works: / f 44 .- -- Date: tS'(ca, Date: '--, ,?) j �. Police Department: i,/ Date: V:../:::;-,/.7: BTR Department: h (, alt Date: Date: Zi I5 J /(o `1 /6 City Administrator: City Clerk:.` tJ,liuA: I.u' Date: i` t Ii() NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Date cC c_p N Alp- 4/18/2016 Flame Certificate 110520130g Certificate of Flame Resistance Registered Fabric or Concern Number F-12123 Issued By: Trivantage, LLC 1831 North Park Ave Glen Raven. NC 2 217 Date treated or manufactured. 09/16/2013 Tr:vantage. LLC — 1831 North Park Ave Glen Raven \H NC 27217 ,Check , ,..dr1,c-A.,s ulles,.:Ibed at the bottom of th.s cerhficate nave been treated with a flame :'hemmr-a apr:ovea ano registered by the State ire Marsha: and the appitcalion of ea:1 nerrica, Ct the State ;..:10alifo'n!a and the Rules and Peg;JlatIons of th,-- Siate Ma? sea tame oi chemo!cal used 0ftemica. F-::e1,,t.rat:c..". 4 Memicra of anniination artic:es descr!bed al he bottom of lh,:s (..;:ertlf:eate are made from a flatr:e4,-:,::sl.am red stered arld approved by the Stale r-,raiSha; TO". SjCJ1 LiSe fIame-'es'st8nt RENTERS C - , HOICE 16 OZ Reg,sYat•,J, a F-12123 The Flame-Retardant Process Used WH Not Be Removed By Washing ALBERT E JOHNSON Name of ,n:.C3' i. or Production Supermtendent VICE PRESIDENT, BUS. DEVELOPME RCN # 100 968340 16 103 968340 16 79 CUSTOMER ORDER NO, FRED / ROAD SAL CUSTOMER INVOICE NO, 266852 YARDS OR QUANTITY 1000 00 DESCRIPTION Renter's Choice Blackout 61" 16-oz White ;Standard Pack 100 Yards) ITEM NUMBER 968340 herepy cer,My the aceve to accurately reflect the informatIon :coritanea „,,Ithr, a -cppTIF lc:ATE oF • am.age from the 1-egistrant set .forth above A copy of the onginal Certificate, 01 Flame Resistance s aval•ate upon antage. L.L.0 and the registration nformation set torth above :s an record vpth the (S:.ahforma STate Mm-snal MAILING ADDRESS A 1 TENTS AND STRUCTURES 234 WEST 24TH ST FAF-i Fl Vi(-)10 https://mail.google.com/mail/u/0/?tab=wmtlinbox/1542a133049845bf?projector=1 1/1 RESOLUTION NO. 04 -03 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA SUPPLEIVIEN'CINCG RESOLUTION NO 03 -08; GUIDELINES h'OR USE OF PUBLIC PARKS OR OTTER LANDS OWNED BY 'THE CI'T'Y OF O:KF ECtIOB +', FOR CERTAIN CHARITABLE OR BENEVOLENT ORGANIZATIONS; PROVIDING FOR AU'LIIORITY'.TO lUi V11W SUCH APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW; PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO FOLLOW; PROVIDING FOR AN EFFECTIVE DATE. WIEEREAS, there are located within the City of Okeechobee certain public parks and other areas owned by the City of Okeechobee that are intended for, and open for use by, the general public, with certain restrictions; and WHEREAS, these uses change from time to time, and problems arise by certain uses that are not anticipated, but should be the subject of regulation and control by the City of Okeechobee for the safety and welfare of its citizens, and which requires supplementing existing rules as necessary; NOW THEREFORE, it is resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief presiding Officer for the City: 1. 41EAT permission for charitable or benevolent organizations, or non profit groups, to engage in certain activities in City parks or on City lands, is governed by Article IV, Sections 14 -141 to 14 -149 of the City Code of Ordinances, which regulations and restrictions shall be considered by General Services whenever an application or request for use of public areas is made, and followed accordingly. 2. TI [AT for any authorized use of the public parks or rights -of -way within the City, the following regulations shall be followed, as applicable: a. The organization or permit holder, or their designee, shall be responsible to completely clean up the public area used by the permit, within two days of completion of the event, unless otherwise designated in the permit. b. No trailers unattached to a motor vehicle shall be parked along any street or avenue or public right -of -way, or in a marked parking spot, unless the right -of -way is closed for the event, not otherwise blocked off by the City. No other motor vehicles or trailers will be allowed to park or remain on the Park grounds unless prior written approval is obtained from the City Public Works Director or their designee, or such vehicle or trailer is participating in an event such as a permitted activity or car show. Any motor vehicle or trailer parked in violation of this section may be towed by the City at the owner's expense, who shall be liable for all towing and storage fees. c. Golf carts, 4- wheelers or other vehicles not licensed for use on public rights -of -way, will not be permitted on the Park grounds without prior written approval of the City Public Works Director or their designee. d. Certain events, such as but not limited to parades, or those which draw a large number of people, require significant incurring of costs Page 1 of 2 d. Certain events, such as but not limited to parades, or those which draw a large number of people, require significant incurring of costs by the City, for traffic control, crowd control, fire safety, paramedic service, or general policing, which often requires adding personnel, and incurring overtime labor expense. For any such event, the City may require the organization or permit holder to be responsible for these additional costs, including property or personal injury damages that may occur during the event. There will be a mandatory inspection meeting between the Public Works Director or their designee and a representative from the permit holder prior to and after each event. Any additional expenses as stated above, will be billed to the organization or permit holder, who shall pay such sum to the City. e: For activities in Hagler Park; the use of generators for power is encouraged, as electric outlets are limited and - subject to the right of the City to deny their use. When generators or extension cords are used, the applicant shall cause a U.L. approved extension cord of proper gauge to be safely attached, and routed so as to not interfere with any pedestrian path, or in such area as may pose a risk of harm to the public or other participants. INTRODUCED AND ADOPTED this 16th day of March, 2004. ATTEST: Lane Gsuniotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James. F Kirk,Mayor RESOLUTION NO. 03 -8 A RESOLUTION O1'.['I[E CITY OF OKEECHOBEE, FLORIDA TO ESTABLISH GUIDELINES FOR USE OF PUBLIC PARKS OR 0[FIC,R LANDS OWNED BY THE CITY Oh' OKEECHOBEE FOR CERTAIN CHARITABLE OR BENEVOLENT ORGANIZATIONS; OR 1111' GENERAL PUBLIC; PROVIDING FOR AUTHORITY 'TO REVIEW SUC[I APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW; PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO FOLLOW; PROVIDING FOR INSURANCE REQUIRI;MENT;'PROVIDING FOR AN EFFECTIVE DATE. W[EEREAS, there are located within th.e City of Okeechobee certain public parks and other areas owned by the City of Okeechobee that are intended for, and open for use by, the general public, with certain restrictions; and WHEREAS, these functions range from large gatherings which attract many participants, to very small groups, which may or may not cause traffic control problems, and vary in intensity; and WHEREAS, current regulations require the same liability insurance coverage for any such group authorized to gather in the parks or on city lands, which creates a hardship on the smaller- gatherings; NOW, THEREFORE, be it resolved and adopted by the City Council for the City of Okeechobee, Horida the following resolution: 1. TEIAT permission for charitable or benevolent organizations, or non profit groups, to engage in certain activities in City parks or on City lands, is governed by Article IV, Sections 14 -141 to 14 -149 of the City Code of Ordinances, which regulations and restrictions shall be considered by General Services whenever an application or request for use of public areas is made, and followed accordingly. 2. TIEAT for any permit or permission granted by the Department of General Services for such activities on public lands, such permit shall be also executed by the City Administrator, prior to such event taking place. 3. THAT most applicants for use of parks and public lands are charitable or civic groups, who stage large events and attract many people. However, smaller groups for prayer meetings; weddings; boy and girl scouting; and similar type events are also authorized in parks and in public places, but are also subject to the requirements of Article IV of the City Code. 4. THAT current regulations require the applicant for an event to procure liability insurance in the sure of 1 million; the cost of which is or may be prohibitive for smaller and more informal groups. 5. TIIEREFORE, for any application wherein it appears to the Department of General Services that the participants thereof may be 100 or fewer persons, the liability insurance requirement shall be waived. The City reserves the right to require the participants to execute a hold harmless agreement, depending upon the nature and impact of the event. Page 1 of 2 INTRODUCED AND ADOPTED this 5 tit clay of August„ 2003. ATTEST: Lane Gatniotea, City Clerk REVIEWED FOR LEGAL, SUFFICIENCY: John Cook Cit%Attorney Page 2of2 James. E. Kirk,Mayor