Fort Walton Beach Council agenda — 03-09-2010 Regular — reading text

property, or on any part thereof, of the city, except as 446 authorized by the city council or permitted pursuant to the procedure set forth in 447 section 8. 3 of the code, as amended 448 449 450 451 9.06.02 Prohibited Noises Defined: The following acts and omissions are 452 hereby prohibited: 453 ( 1) Horns and other signaling devices. The sounding of any horn or other 454 signaling device on any motor vehicle on any street or public place of the city, 455 except as specifically permitted or required by law, or as a danger warning, and 456 the sounding of any such device for any unnecessary period of time. 457 458 ( 2) Exhausts. The discharge into the open air of the exhaust of any steam 459 engine, stationary or portable internal combustion engine, or motor vehicle, 460 except through a muffler in good repair or other device that effectively prevents 461 loud or disturbing noises, provided that where such steam engine, stationary or 462 portable internal combustion engine or motor vehicle is enclosed within a building 463 used for industrial or commercial purposes, a reasonable level of such noise will 464 be permitted. This subsection shall not apply to aircraft or to supporting ground 465 equipment for aircraft. 466 467 ( 3) Loudspeakers, amplifiers or noise devices for advertising. The use of any 468 radio or television set, musical, instrument, phonograph, loudspeaker, sound 469 amplifier, bell, drum, horn or other machine or device for the production or 470 reproduction of sound directed upon public streets for the purpose of commercial 471 advertising or attracting the attention of the public to any building, structure or 472 tent. Temporary exceptions for civic events, for civic or religious organizations or 473 for the playing of music during the Christmas season only may be authorized by 474 the city manager for such periods of time and under such conditions as may be 475 consistent with the public interest. 476 62- 477 ( 4) Radios, television sets, phonographs, etc. The playing of any radio or 478 television receiving set, musical instrument, phonograph or other machine or 479 device for producing or reproducing sound in such a manner as to disturb the 480 peace, quiet and comfort of the neighboring inhabitants. 481 482 ( 5) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the 483 public streets, or at any other place, so as to annoy or disturb the quiet, comfort 484 or repose of persons in any office, or in any dwelling, hotel or other type of 485 residence, or of any person in the vicinity. 486 487 ( 6) Domestic pets. The keeping of any domestic bird or animal which emits 488 frequent or long continued noise so as to disturb the peace, quiet and comfort of 489 the neighboring inhabitants. 490 491 ( 7) Tools. The use in a residential zone or in the vicinity of a hotel or motel of 492 hand or power tools or machinery, resulting in loud and disturbing . noises, 493 between the hours of 10:00 p. m. and 7 :00 a. m. 494 495 ( 8) Hawkers, peddlers and vendors.The shouting and crying of peddlers, 496 hawkers or vendors on any public street or place or on private property so 497 closely adjacent thereto that crowds may be collected and traffic obstructed 498 thereon, exceot as permitted pursuant to the procedure set forth in section 8. 3 of 499 the code, as amended. 500 501 ( 9) Sirens. The sounding of sirens on escort services, except where specifically. 502 required or permitted by law and not for the purpose. of calling attention to a 503 vehicle or caravan, and the sounding of a siren on an ambulance, except when 504 operated in response to an emergency call and when reasonably necessary to 505 warn pedestrians and other drivers of the approach thereof. 506 507 9.06.03 Exceptions to Prohibited Noises: None of the preceding provisions 508 shall apply to emergency situations where life, health or property is at stake or to 509 intermittent situations arising out of industrial research and development work 510 carried on in areas zoned for industrial purposes, nor to those normal situations 511 of community life where noise is inherent and has long been accepted by the 512 community, such as activities during school recess and at public parks and 513 athletic contests, and otherwise as permitted pursuant to the procedure set forth 514 in section 8.3 of the code, as amended. 515 516 517 518 519 Section 5. Severability 520 Should any provision or portion of any provision in this ordinance be 521 declared by a court of competent jurisdiction to be invalid, such decision shall not 522 affect the remainder of the provisions herein. 523 524 Section 6. Conflicting Provisions 63- 525 In the any previously adopted ordinance, or part of those event 526 ordinances, is in conflict with the provisions of this ordinance, the provisions of 527 this ordinance shall prevail. 528 529 Section 7. Effective Date 530 This Ordinance shall take effect immediately upon approval by the City 531 Council and signature of the Mayor. 532 533 534 Adopted: 535 Mike Anderson, Mayor 536 537 538 Attest: Approved for form and legal sufficiency. 539 540 541 Helen Spencer, City Clerk Toni L. Craig, City Attorney 542 543 544 545 New language is underlined. 546 Deleted language is stFiGken. 547 Codification Instructions: Section 1, 5, 6, 7 are not codified. 548 Sections 2, 3, and 4 are codified and change the Code of Ordinances as stated. 64-  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Samantha D. Abell, Planning Manager Through: Michael D. Beedie, P. E., City Engineer Date: February 16, 2010 Subject: Ordinance No. 1823 — Amending the Code of Ordinances to allow Certain Temporary Business Endeavors and Events on Public and Private Property, City, County and State Rights of Way; and to Establish Procedures for Such Activities. 1. PURPOSE / INTENT: 1. 1. Ordinance 1823 fosters economic stimulus by encouraging entrepreneurship and the arts, building on the City' s tourism industry, and creating a more efficient permitting process. 1. 2 The City currently has an administrative process in the Code of Ordinances for permitting certain special events and another administrative process in the Land Development Code for temporary uses. Together the two processes permit various outdoor uses, events, and activities such as parades, special park events, sidewalk sales, exhibitions, displays, performances, fairs, carnivals, bazaars, contests, rodeos, grand opening events for new businesses, and seasonal holiday sales lots. Combining the two separate processes into one streamlined administrative procedure will ensure governmental and decrease the time for obtaining such a permit. The efficiency revisions include requests from merchants and property owners to encourage artists and live performances as a positive contribution to the arts and entertainment. A more efficient process will help to foster economic revitalization and business proprietorship in the City. 2. BACKGROUND: 2. 1 May 2009, the City Council launched efforts to implement strategies for economic stimulus by encouraging business proprietorship, expansion and retention. Such measures have included the following: 2. 1. 1 May 12, 2009, City Council adopted Ordinance 1785, extending until March 30, 2012, the validity of any development order, including site plan approvals, certificates of concurrency, conditional uses, planned unit development plans and preliminary and final development plats, that would otherwise expire during the calendar years of 2009 and 2010. 65-  2. 1. 2 June 23, City Council adopted Resolution 2009 -24 establishing the 2009, Business Retention Ad -Hoc Panel to identify obstacles and opportunities to improve and stabilize the local economy by business retention and expansion. 2. 1. 3 September 8, 2009, City Council adopted Ordinance 1791, the Comprehensive Plan' s Economic Development Element. The purpose of the Economic Development Element is to establish a course for strategic economic development. The Element provides the foundation for encouraging entrepreneurship and small business activities including those listed in Ordinance 1823 ( attached). 2. 1. 4 September 8, 2009, City Council directed Staff to formulate recommendations to improve the efficiency and effectiveness of existing advisory boards in consideration of the City' s 2009 strategies for economic stimulus. 2. 1. 5 November 10, 2009, City Council adopted Resolution 2009 -43 establishing an Economic Advisory Group to improve coordination between economic agencies, and implement the City' s economic development initiatives within the draft Economic Implementation Plan. 2. 1. 6 January 12, 2010, City Council approved on first reading an amendment package to the Comprehensive Plan which will establish economic planning strategies including Special Planning Areas. The purpose of the Special Planning Areas is to identify individual community and /or industry clusters and tailor objectives and incentives to each area. 2. 1. 6. 1 During public meetings on the Special Planning Areas, the Chamber of Commerce' s Downtown Merchants Committee requested changes to foster the arts and entertainment. The attached Ordinance 1823 addresses the majority of the merchant' s issues. 3. DISCUSSION: 3. 1 Fostering entrepreneurship and proprietorship re- establishes a sense of prosperity and is a key component of revitalization. Ordinance 1823 amends the Code of Ordinances in ways summarized below: 3. 1. 1 Chapter 8, Licenses and