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P.H. 2022-24: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS,” OF THE POMPANO BEACH CODE OF ORDINANCES BY CREATING SECTION 32.90, “ESTABLISHMENT,” SECTION 32.91, “FUNCTIONS; RESPONSIBILITIES,” AND SECTION 32.92, “CULTURAL AFFAIRS COMMITTEE,” TO ESTABLISH THE CULTURAL AFFAIRS DEPARTMENT, ASSIGN FUNCTIONS AND RESPONSIBILITIES AND CREATE A CULTURAL AFFAIRS COMMITTEE; REPEALING RESOLUTIONS 98-141, 2001-155, 2004-303, 2005-116 AND 2011-221, WHICH CREATED AND AMENDED RESPECTIVELY THE CULTURAL ARTS COMMITTEE; AMENDING CHAPTER 98, “PARKS AND PLAYGROUNDS,” BY AMENDING SECTION 98.01, “DEFINITIONS,” SECTION 98.02, “PROHIBITED ACTS,” SECTION 98.03, “DAMAGE TO CITY PROPERTY,” SECTION 98.04, “INTOXICATED PERSONS; NUDITY,” SECTION 98.05, “TRESPASS,” SECTION 98.06, “UNATTENDED CHILDREN,” SECTION 98.07, “PUBLIC EVENT,” SECTION 98.071, “PARK RECREATIONAL FACILITY RENTAL”; PERMIT APPROVAL; RIGHT OF APPEAL,” SECTION 98.10, “FEES,” SECTION 98.45, “FUNCTION AND PURPOSE,” SECTION 98.46, “HOURS AND DAYS OF OPERATION,” SECTION 98.47, “FEES,” SECTION 98.48, “LIABILITY FOR DAMAGES,” SECTION 98.50, “RECREATION CENTER STAFF,” SECTION 98.53, “TERMINATION OF PRIVILEGES,” SECTION 98.80, “CITY-OWNED SHOWMOBILE,” SECTION 98.81, “CITY-OWNED PORTABLE STAGE,” TO DISTINGUISH THE ROLES OF PARKS AND RECREATION AND CULTURAL AFFAIRS DEPARTMENTS AND THEIR RESPECTIVE FACILITIES AND THEIR OPERATION; AMENDING SECTION 98.51, “PERMITS,” TO ALLOW THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT RECREATION CENTERS FOR APPROVED FACILITY RENTAL APPLICATIONS MEETING ADDITIONAL PERMIT REQUIREMENTS; CREATING SECTION 98.90, “FACILITY USE,” SECTION 98.91, “APPLICATION; PERMIT,” SECTION 98.92, “CULTURAL FACILITY FEES,” SECTION 98.93, “ENFORCEMENT,” AND SECTION 98.94, “TERMINATION OF CULTURAL FACILITY PRIVILEGES; EVICTION,” TO PROVIDE FOR THE OPERATION, MAINTENANCE AND REGULATION OF CULTURAL FACILITIES; AMENDING CHAPTER 160, “PUBLIC ART,” BY AMENDING SECTION 160.02, “DEFINITIONS,” SECTION 160.05, “PUBLIC ART FUND ESTABLISHED,” AND SECTION 160.06, “PUBLIC ART FUND PURPOSE,” TO CLARIFY APPROPRIATIONS TO PUBLIC ART FUND AND RECOGNIZE THE CULTURAL AFFAIRS DEPARTMENT’S ROLE IN PUBLIC ART; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: JANUARY 25, 2022
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(Staff Contact: Mark A. Beaudreau/Phyllis A. Korab)
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Summary Explanation/Background:
The Ordinance was prepared to distinguish the roles of Parks and Recreation and Cultural Affairs Departments and their respective facilities and their operations and clarify language in certain existing Sections of each Chapter.
Chapter 32, "Departments,” of the Pompano Beach Code of Ordinances creates new Sections 32.90, “Establishment,” and 32.91, “Functions; Responsibilities,” and revises Section 32.92, “Cultural Affairs Committee,” to establish the Cultural Affairs Department and assign functions and responsibilities for the Department and the Cultural Affairs Committee. It also repeals Resolutions 98-141, 2001-155, 2004-303, 2005-116 and 2011-221, which created and amended respectively the Cultural Arts Committee.
This Ordinance also revises Chapter 98, “Parks and Playgrounds,” by amending the following Sections:
• 98.01, “Definitions,”
• 98.02, “Prohibited Acts,”
• 98.03, “Damage to City Property,”
• 98.04, “Intoxicated Persons; Nudity,”
• 98.05, “Trespass,”
• 98.06, “Unattended Children,”
• 98.07, “Public Event,”
• 98.071, “Park Recreational Facility Rental”; permit approval; right of appeal,”
• 98.10, “Fees,”
• 98.45, “Function and Purpose,”
• 98.46, “Hours and Days of Operation,”
• 98.47, “Fees,”
• 98.48, “Liability for Damages,”
• 98.50, “Recreation Center Staff,”
• 98.53, “Termination of Privileges,”
• 98.80, “City-owned Showmobile,”
• 98.81, “City-owned Portable Stage,” and
• 98.51, “Permits,” to allow the possession and consumption of alcoholic beverages at
recreation centers for approved facility rental applications meeting additional permit
requirements
This Ordinance also creates the following Sections:
• 98.90, “Facility Use,”
• 98.91, “Application; Permit,”
• 98.92, “Cultural Facility Fees,”
• 98.93, “Enforcement,” and
• 98.94, “Termination of Cultural Facility Privileges; Eviction,” to provide for the operation,
maintenance and regulation of cultural facilities.
With respect to Chapter 160, “Public Art,” this Ordinance amends Section 160.02, Definitions,” Section 160.05, “Public Art Fund Established,” and Section 160.06, “Public Art Fund Purpose,” to clarify appropriations to public art fund and recognize the Cultural Affairs Department’s role in public art.
Origin of request for this action: Parks and Recreation Department & Cultural Affairs Department Staff
Fiscal impact and source of funding: N/A
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