HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-012Temp. Ord. No.2512
May 10, 2023
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. O - 2023 - OI D-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA TO PROVIDE FOR EASIER ENFORCEMENT
OF, AND ENHANCED PENALTIES FOR VIOLATIONS OF THE
CITY'S REGULATIONS OF ACTIVITIES DEFINED AS "SPECIAL
EVENTS" BY AMENDING CHAPTER 10, THE LAND
DEVELOPMENT CODE OF THE CITY OF TAMARAC, FLORIDA BY
AMENDING ARTICLE 3, "USE REGULATIONS" BY SPECIFICALLY
AMENDING SECTION 10-3.5 "TEMPORARY USES AND
STRUCTURES"; BY AMENDING SECTION 10-6.2 "USE
CATEGORIES AND USE TYPES DEFINED", PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, the City Commission of the City of Tamarac has previously
determined that regulating temporary uses, including special events, is necessary to
ensure that such uses or structure do not negatively affect adjacent land, are discontinued
upon the expiration of a set time, and do not involve the construction or alteration of any
permanent building or structure; and
WHEREAS, the effective control of temporary uses, including special events, is
essential to the health and welfare of the City's business owners, residents, and visitors,
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Words in underscnre tvne arp additions
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May 10, 2023
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and to the conduct of day-to-day activities, including resting, sleeping, recreation, work,
and communication; and
WHEREAS, the City Commission finds that amending the Code to provide for
enhanced regulation and enforcement of the City's special event regulations is in the best
interests of the business owners, residents, and visitors of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing recitals are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof; all exhibits attached hereto are incorporated herein and made a specific
part thereof.
SECTION 2: That Chapter 10, Article 3, Section 10-3.5, entitled
"Temporary Uses and Structures", of the Land Development Code of the City of Tamarac,
Florida, is hereby amended as follows:
Sec. 10-3.5 - Temporary Uses and Structures
(A) Purpose. The purpose of this section is to authorize the
establishment of certain uses (including special events) and
structures of a limited duration. This section also sets out general
standards applicable to all temporary uses and structures, and
special standards applicable to particular temporary uses and
structures. This section is intended to ensure that such uses or
structure do not negatively affect adjacent land, are discontinued
upon the expiration of a set time peried, and do not involve the
construction or alteration of any permanent building or structure.
(B) Temporary Uses and Structures Allowed. Table 10-3.1:
Allowed Uses, lists allowed temporary uses and structures
alphabetically. Temporary uses and structures not listed in the table
require approval under the procedure in §10-3.2(E), Classification of
New and Unlisted Uses.
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May 10, 2023
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(C) Approval Process; Temporary Use/Structure Permits.
Prior to establishing any temporary use or structure, an applicant
shall file an application for a temporary use permit with the Director
unless otherwise exempted in this code. A Temporary Use/Structure
Permit, if required, is required before the establishment,
construction, or installation of any temporary use or structure
designated in Table 10-3.1: Allowed Uses.
(D) General Standards for All Temporary Uses.
(1) All accessory uses are subject to the dimensional
standards for the applicable zoning district set forth in
Article 2, Zoning Districts, as well as the general
development and design standards in Article 4,
Development and Design Standards. In the case of any
conflict, the more restrictive standards, as determined
by the Director, shall apply.
(2) Unless otherwise specified in this Code, any temporary
use shall:
(a) Obtain any other applicable city, county, state,
or federal permits, including building permits
and health department permits;
(b) Not involve the retail sales or display of goods,
products, or services within a public right-of-
way, except as part of an authorized not -for -
profit, special, or city -recognized or authorized
event;
(c) Not be detrimental to property or improvements
in the surrounding area or to the public health,
safety, or general welfare;
(d) Comply with any applicable conditions of
approval that apply to a principal use on the site;
(e) Not have substantial adverse effects or noise
impacts on any adjoining permanent uses or
nearby residential neighborhoods;
(f) Not include permanent alterations to the site;
(g) Comply with temporary signage standards in
§10-4.10(H), TemporarySigns.
(h) Shall remove temporary signs associated with
the temporary use or structure after the activity
ends;
(1) Not interfere with the normal operations of any
permanent use located on the property; and
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WnrdS in underscore tvne are additinns
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May 10, 2023
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(j) Be located on a site containing sufficient land
area to allow the temporary use, structure, or
special event to occur and accommodate
associated pedestrian, parking, traffic
movement without disturbing environmentally
sensitive lands.
(3) Duration. A temporary use may be approved for a
period of 30 days, renewable upon specific application
for additional six-month periods.
(E) Additional Standards for Specific Temporary Uses.
(1) General. In addition to the standards in §10-3.5(D),
General Standards for All Temporary Uses, standards
for some specific temporary uses shall apply
regardless of the zoning district or the review
procedure by which it is approved. This section sets
forth and consolidates the standards for all temporary
uses for which a reference to this section is provided in
the "Use -Specific Standards" column of Table 10-3.1:
Allowed Uses, and in the same order as they are listed
in the table. These standards may be modified by other
applicable standards or requirements in this Code.
(2) Garage or Yard Sale.
(a) A garage or yard sale shall not require a
temporary use permit but shall require an
Administrative No -Cost Permit.
(b) No garage or yard sale shall occur more than
three times per year on the same lot.
(c) Garage or yard sales in the R-3 District may only
be allowed for the association or management
company, not for individual dwellers.
(3) Outdoor Sales, Seasonal. It shall be unlawful in the
city for any person, firm, corporation, business, or
enterprise to sell, dispense, offer for sale, or distribute
any item or items from other than within an enclosed
building except as permitted in mixed -use and
nonresidential zoning districts and as follows:
(a) A l+seRse permit for the sale of retail
merchandise out-of-doors will be issued only for
items sold in connection with the following:
(i) Valentine's Day (February 14);
(ii) Easter (date varies);
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(iii) Mother's Day (date varies);
(iv) Memorial Day (date varies);
(v) Father's Day (date varies);
(vi) Independence Day (July 4);
(vii) Halloween (October 31);
(viii) Thanksgiving (date varies); and
(ix) Christmas (December 25).
(b) Any ';,GeRSe permit issued for sales permitted
under this section shall be valid only for a
temporary period of time, after having obtained
a permit from the city and paying a permit fee of
$250.00 and complying with the following
minimum requirements:
(i) A maximum of seven days preceding
Valentine's Day, Easter, Mother's Day,
Memorial Day, Father's Day, the Fourth
of July, and Thanksgiving;
(ii) A maximum of 30 days preceding
Halloween;
(iii) From Thanksgiving Day through
December 26th.
(c) Prior to receipt of a permit 4Gen-se, an applicant
shall comply with all) the following-
(1) The applicant for a 4Gef�se ep rmit
allowing temporary holiday sales shall
provide the city with an indemnification
agreement holding the city harmless for
all activities of the applicant and shall
submit proof of public liability insurance
in a coverage amount of no less than
$500,000.00, at each sales location,
which names the city as a named insured
and is issued by an insurance company
authorized by the state department of
insurance to do business in the state.
The policy must be approved by the city,
risk management division; and
(ii) A written, sworn application, signed by
the applicant, shall be filed with the
business
tax receipt division at least 30 days prior
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May 10, 2023
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to the commencement of the appropriate
holiday period, as provided in subsection
(b) above showing:
A. The name or names of the person
or persons responsible for the
management or supervision of the
applicant's business during the
time that the activities will be
conducted in the city; the local
address of such person or
persons while engaged in such
business; the permanent address
or addresses of such person or
persons; the capacity in which
such person or persons will act
(that is, whether as proprietor,
agent or otherwise); the name and
address of the person, firm or
corporation for whose account the
business will be carried on, if any;
and if a corporation, under the
laws of what state the same is
incorporated and the name and
address of its registered agent in
the State of Florida; and
B. The proposed place or places in
the city where applicant's
business will be conducted and
length of time the business will be
conducted; and
C. A statement of the nature,
character, and quality of the goods
to be sold or offered for sale by the
applicant in the city; and
D. Proof of a State of Florida sales
tax number; and
E. For vendors of sparklers who are
required to register with the
division of the state fire marshal of
the department of insurance
under chapter 791, Florida
Statutes, proof of a completed
registration form. Proof of actual
registration shall be submitted
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May 10, 2023
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prior to issuance of the license;
and
F. A written notarized statement from
the owner of the property, or an
authorized agent of the owner,
authorizing the location of the
temporary holiday sales vendor
on the property; and
G. A sketch showing the exact
location of the vendor.
H. The Iieense ep rmit issued under
this article shall be posted
conspicuously in the place of
business named therein. Ifl the
event that If such person or
persons applying for such fiseflse
permit shall desire to do business
in more than one location within
the city, separate liseeses permits
shall be issued for each location of
business, and shall be posted
conspicuously in each place of
business.
(d) No IiGe ee _applicant shall be issued more than
10 I+seflses permits. For the purpose of this
subsection, Ii^�s applicants shall be
deemed the same if any one principal in the
legal entity underwhich the I+seflsee applicant is
operating is identical, regardless of the structure
of the legal entity.
(e) No I+seRGe ep rmit shall be transferred without
written consent from the director of community
development of the city, as evidenced by an
endorsement on the face of the I+seRse ep rmit
by the director of community development
showing to whom the I+seRSe permit is
transferred and the date of transfer. The
transferee of a I+seRSe permit shall meet and be
subject to all requirements set forth herein for
the original I+seesee permit holder.
(f) No IiceRse permit for the sale of sparklers may
be issued unless such items may be lawfully
sold under Chapter 791, Florida Statutes.
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Wnrds in underscnre tvne are additinns
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May 10, 2023
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(g) Locations for sales of merchandise Ii„GeRseQ
permitted under this section are subject to the
following restrictions:
(i) Sparklers may only be sold at locations
within a commercial zoning district. Such
sales shall not be permitted to be made
from areas located within 50 feet from:
A. Any fuel storage facility of any
kind; and
B. Any area required to provide
parking in connection with a
restaurant or lounge.
(ii) Christmas trees and sparklers may be
sold only if each sales location has been
approved by the city fire department.
(iii) Halloween and Christmas items may only
be sold at locations within any
commercial zoning district or from areas
immediately adjacent and utilized in
conjunction with the commercially zoned
property, as well as from any property
owned by a nonprofit organization or
institution.
(iv) A maximum of one four -foot -by -eight -foot
sign for each location may be displayed
in connection with such sales.
(v) There shall be a minimum 1,500 feet
between any two locations liGensed
permitted under this section; however,
retail stores with over 20,000 square feet
of floor area are exempt from this
requirement; nor shall a temporary
holiday sales vendor be required to
locate at least 1,500 feet from such an
establishment. For purposes of
determining which I+eeflse application of
two or more appliGatiens, proposing sites
within 1,500 feet of one another shall be
approved, the date and time that each
completed application is received by the
city shall determine the priority, with the
earliest completed application receiving
the highest priority. For the purposes of
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May 10, 2023
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this section, a site duly 'rtieRsed
permitted for the previous year and which
complied with all applicable regulations
shall be considered to be the earliest
completed application.
(vi) At any given location "GenseQ permitted
under this section, there shall be a
maximum of one temporary holiday sales
vendor.
(h) The sale of any merchandise by any holiday
sales vendor as specified in this section without
a permit IiGense as provided in Chapter 12 of the
Code ef the Gity of Tamara is unlawful.
(i) Violation of this section shall be punishable as
provided in §10-5.5, Enforcement, or by any
other means authorized by law.
(4) Special Event
(a) The Director shall forward the application for temporary use
permit for a special event to the city commission for review
and decision only if a waiver of fees is requested or for
proposed outside alcohol consumption.
(b) No Special Event shall last for more than four consecutive
days, or occur more than four times a calendar year.
(c) There shall be adequate off-street parking and accessibility.
(d) The Fire Department and Police Department shall have
determined that the site is accessible for public safety vehicles
and equipment.
(e) The ' iGen inn Department Business Tax Receipt Division
shall have determined that any existing or proposed
permanent or temporary structures comply with applicable
regulation of the Building Code. Temporary structures
associated with the event require appropriate building permits
and shall meet required setbacks.
(f) Adequate restroom facilities shall be provided per Florida
Building Code as amended from time to time.
(g) No premise shall be the site of a special event exceeding a
collective total of 20 days or four times within any calendar
year, except where the site is publicly owned property and
used for events sponsored by the city for the enjoyment or
enrichment of its citizens.
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Wnrds in underscnre tvne are additinns
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(h) Any applicant applying for a local business I+seRse tax receipt
and permit for a Special Event , at the time of
securing such Ifsense tax receipt and permit, be required to
file with the Business Tax Receipt Division the following-
(i) An affidavit that permission has been secured from the
owner of the land upon which the Special Event is
intended to be held;
(ii) A bond, collateral agreement, or other security
conditioned to clean the premise within 24 hours of all
rubbish, debris, portable restroom facilities, and all
equipment after use by the applicant:
(iii) A written statement from the building department of the
city that the site upon which the Special Event is
intended to be held is not within any prohibited area;
(iv) A written statement of the fire department serving the
city that the tents or temporary buildings or structures
under which the operations are to be held are fireproof
material and will not constitute a fire hazard.
Any person found violating these Special Event regulations
shall be subject to a fine of up to two hundred fifty dollars
($250.00) per day for the first occurrence, and five hundred
dollars ($500.00) per day for each additional occurrence, in
accordance with article III, section 2 (section 9-871 or the
penalties in section 1-13 of the City Code of Ordinances.
Q Alternatively, the code enforcement board or special
magistrate are authorized to impose a fine not to exceed
one thousand dollars ($1,000.00) per day for a first
violation not to exceed five thousand dollars ($5,000.00)
per day for a repeat violation, and up to fifteen thousand
dollars ($15 000.00) per violation if the violation is found
to be irreparable or irreversible in nature.
LL As provided for in Chapter 633, Fla. Stat., and the
National Fire Protection Association Fire Code, as
adopted by the State of Florida, where Special Event
conditions exist that are deemed hazardous to life or
property by the City Fire Chief, or designee, the City Fire
Chief, or designee shall have the authority to summarily
abate such hazardous conditions that are in violation of
this Article or the National Fire Protection Association
Fire Code. Including ordering the Special Event
attendees to vacate, or temporarily close for use or
occupancy, a building the right-of-way, sidewalks,
streets or adjacent buildings or nearby areas.
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Wnrds in underscore tvne are additinns
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May 10, 2023
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tiiq Each occurrence shall constitute a separate violation
and shall be adjudicated before the code enforcement
board or special magistrate.
iv Any violation of these Special Event regulations shall
constitute a nuisance; and the city may take all
reasonable action to abate the nuisance and may
assess a lien against the real and personal property of
the violator for the reasonable cost incurred by the city_
in abating the nuisance. The office of the city attorney
may bring suit on behalf of the city, or any affected
citizen may bring suit in his/her name against the person
or persons causing or maintaining the nuisance or
against the owner/agent of the building or property on
which the nuisance exists. Relief may be granted
according to the terms and conditions of Chapter 60
Florida Statutes, as amended from time to time.
(F) General Standards for All Temporary Structures.
(1) All temporary structures are subject to the dimensional
standards for the applicable zoning district set forth in Article
2: Zoning Districts, as well as the general development and
design standards in Article 4: Development and Design
Standards.
(2) In the case of any conflict, the more restrictive standards, as
determined by the Director, shall apply.(3)Unless otherwise
specified in this Code, any temporary structure shall:
(a) Obtain any other applicable city, county, state, or
federal permits, including building permits and health
department permits;
(b) Not involve the retail sales or display of goods,
products, or services within a public right-of-way,
except as part of an authorized not -for -profit, special,
or city -recognized or authorized event;
(c) Not be detrimental to property or improvements in the
surrounding area or to the public health, safety, or
general welfare;
(d) Comply with any applicable conditions of approval that
apply to a principal use on the site;
(e) Not have substantial adverse effects or noise impacts
on any adjoining permanent uses or nearby residential
neighborhoods;
(f) Not include permanent alterations to the site;
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Words in underscnre tvne are additions
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May 10, 2023
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(g) Comply with temporary signage standards in §10-
4.10(H), Temporary Signs.
(h) Shall remove temporary signs associated with the
temporary use or structure after the activity ends;
(i) Not interfere with the normal operations of any
permanent use located on the property; and
(j) Be located on a site containing sufficient land area to
allow the temporary use, structure, or special event to
occur and accommodate associated pedestrian,
parking, traffic movement without disturbing
environmentally sensitive lands.
(3) Duration. A temporary structure may be approved for a period
of 30 days, renewable upon specific application for additional
six-month periods.
(G) Additional Standards for Specific Temporary Structures.
(1) General. In addition to the standards in §10-3.5(D), General
Standards for All Temporary Uses, standards for some
specific temporary structures shall apply regardless of the
zoning district or the review procedure by which it is approved.
This section sets forth and consolidates the standards for all
temporary structures for which a reference to this section is
provided in the "Use -Specific Standards" column of Table 10-
3.1: Allowed Uses, and in the same order as they are listed in
the table. These standards may be modified by other
applicable standards or requirements in this Code.
(2) Construction -Related Structure or Facility, Temporary.
(a) A construction -related structure or facility shall be used
only as office space for construction management and
security uses during authorized construction of
development; and shall not be used as a residence.
(b) A construction -related structure or facility shall be
assigned a street address before issuance of a
Building Permit for the development being constructed.
(c) All permits required by applicable building, electrical,
plumbing, and mechanical codes shall be obtained
before placement of temporary construction -related
structures and facilities on the site.
(d) No construction -related structure or facility shall be
placed within the right-of-way of a street.
(e) All temporary construction -related structures and
facilities shall be removed from the construction site
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May 10, 2023
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within 30 days after issuance of the final Certificate of
Compliance/Occupancy for the constructed
development.
(f) All temporary construction -related structures and
facilities shall meet the setback requirements of the
zoning district.
(g) A building permit for the principal structure must be
approved prior to the approval of a permit for temporary
construction -related structures and facilities.
(h) A temporary construction -related structure or facilities
may be placed on a property adjacent to the
construction site if site constraints make it infeasible to
locate the structures or facilities on the construction
site, provided the adjacent site is restored to its
previous condition within 60 days after issuance of the
final Certificate of Compliance/Occupancy for the
constructed development. Property owner approval is
required in writing.
SECTION 3: That Chapter 10, Article 6, Section 10-6.2 "Use
Categories and Use Types Defined", of the Land Development Code of the City of
Tamarac, Florida, is hereby amended as follows:
Sec. 10-6.2 — Use Categories and Use Types Defined
(F) Temporary Uses
(a) Construction -related Structure or Facility. A temporary
building or structure used for a project located on the same
site during its construction.
(b) Food Truck. Mobile food vendor housed within a self -driven
vehicle associated with a temporary event.
(c) Garage or Yard Sale. A sale of personal property including
used general household items to the general public on any
portion of a residential property, excluding properties in
nonresidential zoning districts that are used for residential
purposes. The temporary use shall not limit the sale of arts
and crafts, baked goods, or other food products.
(d) Mobile Classroom, Temporary. A manufactured structure
not permanently attached to the ground, used on a temporary
basis in conjunction with a permanent structure to provide
educational services.
(e) Model Home. A dwelling unit temporarily used for display
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May 10, 2023
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purposes as an example of a dwelling unit to be available for
sale or rental in a particular residential development and
located within that development.
(f) Office Space/Equipment Storage, Temporary. A space or
structure used as a temporary office or storage facility.
Outside storage and trailers are prohibited.
(g) Outdoor Sales, Seasonal. Temporary display and sales of
merchandise sold seasonally (i.e. fireworks, Christmas trees,
etc.).
(h) Portable Storage Unit, Temporary. A container designed
and rented or leased for the temporary storage of household
goods, and does not contain a foundation or wheels for
movement. This definition includes facilities such as
piggyback containers that can be transported by mounting on
a chassis, and "POD" type boxes that can be transported on
a flatbed or other truck; but do not include prefabricated sheds
that are not designed for transport after erection, or
commercial trailers used by construction or other uses in the
regular performance of their business.
(i) Real Estate Sales Office, Temporary. A temporary trailer or
similar temporary office space associated with real estate
sales.0)Special Event. A temporary commercial or festive
activity or promotion at a specific location, which does not
exceed four consecutive days and takes place no more than
four times per year including, but not limited to, carnivals,
circuses, and festivals. City Commission approval shall be
required for associated outside alcohol consumption.
(j) Special Event.
GGTseGUti'i'r've days and takes pIaGe nn more n fe ittimes
per year innluidin9 b it not limited to norniyalc nirnUces and
festivals. A temporary use held on private or public property,
including but not limited to, carnivals, celebrations,
community or cultural events, festivals, fairs musical or arts
events or an activity or event organized or promoted via a
social media platform, or where admission is charged, that
substantially increases or disrupts the normal flow of traffic on
a roadway street, or highway, or requires the city to allocate
its personnel law enforcement officers, equipment and/or
property at levels of service that exceed the ordinary
allocations of such resources for the benefit of the public. City
Commission approval shall be required for associated
outside alcohol consumption.
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Words in underscore tvne are additions
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May 10, 2023
Page 15 of 16
Temporary Use. An activity, event, sale or similar use which
is open to the public and normally conducted upon the exterior
portion of a parcel lot, or on city owned streets or rights -of -
way, parking lots or other open space reasonably be expected
to materially affect the ordinary use of public streets rights -of -
way, sidewalks or private or public property, or require the city
to allocate its personnel, law enforcement officers equipment
and/or property at levels of service that exceed the ordinary
allocations of such resources for the benefit of the public.
Furthermore the use is for a limited and defined time with the
intent to discontinue such activity upon the expiration of a
specific time.
SECTION 4: It is the intention of the City Commission of the City of Tamarac
that the provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be
renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article" or
such other word or phrase to accomplish such intention.
SECTION 5: That all Ordinances or parts of Ordinances, Resolutions, or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 6: Should any section, provision, paragraph, sentence, clause of
word of this Ordinance or portion hereof be held or declared by any court of competent
jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as
eliminated and shall not affect the validity of the remaining portions or applications of this
Ordinance.
SECTION 7: This Ordinance shall become effective upon adoption.
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Wnrds in underscnre tvne are additions
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May 10, 2023
Page 16 of 16
PASSED, FIRST READING thisXl�`day of Aeg-j L 2021
PASSED, SECOND READING this -loe'day of "�j 2023.
MIC14ELLE J. GOMEZ
MAYOR
ATTEST:
MBERLY DILLON, CMC
CITY CLERK
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR GOMEZ
`TF>_
DIST 1:
V/M BOLTON
_9
DIST 2:
COMM WRIGHT
1�
DIST 3:
COMM. VILLALOBOS
111e;5
DIST 4:
COMM. DANIEL
�j "
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR GOMEZ 116-5_
DIST 1:
V/M BOLTON_
DIST 2:
COMM WRIGHT
DIST 3:
COMM. VILLALOBOS 6-S
DIST 4:
COMM. DANIEL ye
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE 9_1� TV/eVY OF TAMARAC ONLY.
HAND 99TTINOT
CITY ATTORNEY
CODING: Words in stFike thFeug-h type are deletions from the existing law;
Words in unrierscnre tvne are ndditions