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2022-13 Code Amendment - Meetings and Gatherings at Parks, Playgrounds and RecreationORDINANCE NO. 2022-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 2, "PERMIT," OF ARTICLE II, "MEETINGS AND GATHERINGS," OF CHAPTER 20, "PARKS, PLAYGROUNDS AND RECREATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 20-31, "PERMIT REQUIRED," TO INCREASE THE PERMIT REQUIREMENT THRESHOLD TO TWENTY-FIVE PERSONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 20-31 of the Village Code of Ordinances currently requires that any gathering of over ten persons within a Village park or recreation area that is not part of a scheduled program or activity requires the organizer to obtain a permit; and WHEREAS, the Village Council wishes to increase the permit threshold to gatherings of over twenty- five persons and determines that the adoption of this Ordinance is in the best interest of the residents of the Village of North Palm Beach. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article II, "Meetings and Gatherings," of Chapter 20, "Parks, Playgrounds and Recreation," of the Village Code of Ordinances by amending Division 2, "Permit," to read as follows (additional language is underlined and deleted language is stricken d,,.,,,,g : DIVISION 2. PERMIT Sec. 20-31. Required. If a meeting, gathering or other assemblage for a common purpose, cause, activity or reason, in any park or recreation area, will involve an attendance of over twenty-five (25) persons and is not a part of a scheduled program or activity either sponsored or officially recognized by the village, or participation or attendance in a sports event at an appropriately designated park area, the person responsible for or in charge of such meeting or gathering shall obtain a permit from the recreation director before participating or engaging in such activity in a park area. Sec. 20-32. Form. The permit required by section 20-31 shall be in such form as may be established by the recreation director. Page 1 of 3 Sec. 20-33. Application. c An application for a permit required by section 20-31 shall contain the following items: (1) The name and address of the applicant. (2) The name and address of the person, corporation or association sponsoring the activity, if any. (3) The day and hours for which the permit is desired. (4) The park or portion thereof for which such permit is desired. (5) An estimate of the anticipated attendance. (6) Any other information which the recreation director shall find reasonably necessary to a fair determination as to whether a permit should be issued. Sec. 20-34. Standards for issuance. The recreation director or the village manager shall issue a permit under this division when he finds: (1) That the proposed activity or use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park. (2) That the proposed activity or use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation. (3) That the proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct. (4) That the proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the village. (5) That the facilities desired have not been reserved for other use at the day and hour required in the application. Sec. 20-35. Appeal from refusal to issue. (a) Within five (5) days after receipt of an application, the recreation director or village manager shall apprise an applicant, in writing, of his reasons for refusing a permit required by this division. (b) Any aggrieved person shall have the right to appeal, in writing, within five (5) days to the village council, which shall consider the application under the standards Page 2 of 3 set forth in section 20-34 and sustain or overrule the recreation director's or village manager's decision within seven (7) days. (c) The decision of the village council shall be final. Sec. 20-36. Revocation. The recreation director may revoke a permit required by this division upon a finding of a violation of any rule, ordinances or provision of this Code, or upon good cause shown. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 30TH DAY OF JUNE, 2022. PLACED ON SECOND, FINAL READING AND PASSED THIS 8TH DAY OF SEPTEMBER, 2022. 1b RT mak. •,l Vi �• SERIDA :� •kAV6k ATTEST: VILLA CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _ . c - VILLAGE ATTORNEY Page 3 of 3