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City Council - Video and Audio through Item 2.a

Wednesday, March 11, 2026 · Government meeting record

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The Dunnellon City Council will meet on March 11, 2026, to discuss legal action against railroad companies, new special event regulations, and an alcohol waiver for the upcoming Boomtown Days event. The meeting also includes updates on boat launch rules and local restoration projects.

Why it matters

The council is considering a joint lawsuit with Marion County to address a nuisance issue involving railroad properties, which could impact local land use and safety regulations.

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The scheduled meeting date has passed. Minutes or an action agenda are not published in the records we hold.

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Agenda City of Dunnellon 20750 River Drive, Dunnellon, FL 34431 City Council Meeting March 11, 2026, 5:00 PM Dunnellon City Council meeting will be held on March 11, 2026, 5:00 pm. Public Comment: Anyone who wishes to provide public comment will be able to do so by participating in the City Council meeting in person. Supporting Documentation for Agenda items may not be ADA compliant for website posting. To obtain supporting documentation not published to the website, please contact the City Clerk's office. Public input on non-agenda items will be heard at the beginning of the meeting. A three (3) minute time limit will be strictly administered. Call to Order Pledge of Allegiance Opening Prayer/Moment of Silence (suggested time limit: 1 minute Mayor to request if any invitee is present to open with prayer; if no invitee is present, Mayor will ask if a Dunnellon citizen will volunteer. If no volunteers, a moment of silence will be offered. If a citizen outside of Dunnellon requests to open with prayer, (s)he may do so if no invitees/citizens volunteer.) Roll Call Proof of Publication - The agenda was published on the City's Website and City Hall bulletin board on Wednesday, March 4, 2026. The agenda was amended on Monday, March 9th to add item #5d and on Wednesday, March 11th to change the order of the agenda. Council's Comments Regarding Agenda Public Comment on non-agenda items - 3 minute time limit Consent Agenda Accept public comment on consent agenda items prior to making a motion. (Note: Motion to approve items on the consent agenda is a motion to approve the recommended actions.) Approval of Minutes (backup to be provided) Regular Agenda 1

1. Presentations 1.a America 250 Celebration - Bobbi Perez and Roger Waddell 2. Discussion 2.a Joint Petition with Marion County Requesting Nuisance Abatement Injunction 3. Public Hearing 3.a Public Hearing Ordinance #ORD2026-01, Special Events (published on the City's Website 2/23/2026 and in the Riverland News 2/27/2026) 3.b Final Reading Ordinance #ORD2026-01, Special Events Accept Public Comment Documents: REVISED Draft Petition for Injunction with Dunnellon FINAL.pdf Public Hearing Statement All persons wishing to address the City council will be asked to limit their comments to the specific subject being addressed. Public opinions and input are valued by the Council. However, it is requested that comments are directed at specific issues rather than personal comments directed toward the council members or staff in order to foster mutual respect between council members and the public. Members of the public in attendance at public forums should listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. Members of the public addressing City council and boards/commissions on a specific project or proposal are requested to disclose any personal interest or relationship; and any business, professional, or financial interests with any individual, group, project or proposal regarding the subject matter under review. Members of the public should always err on the side of more public disclosure, not less, in order to provide integrity to the public process. Documents: Agenda Summary for Ordinance ORD2026-01 Special Events.pdf Proposed Motion: I move Ordinance #ORD2026-01 be read by title only. Proposed Motion: I move Ordinance #ORD2026-01 be approved. Documents: Ordinance ORD2026-01 Special Events_FINAL with exhibit.pdf Ordinance ORD2026-01 Business Impact Statement.pdf 2

4. Ordinances 4.a First Reading Ordinance #ORD2026-03, Boat Launch Regulations (backup to be provided) Accept Public Comment 5. Regular Agenda Items 5.a Boomtown Request for Alcohol Waiver Accept Public Comment 5.b Discussion - MCSO River Patrol 5.c Discussion - Rainbow River Restoration Project 6. Department Reports/MCSO Report 7. Council Liaison Reports and Comments 8. City Attorney Report Proposed Motion: I move Ordinance #ORD2026-03 be read by title only. Proposed Motion: I move Ordinance #ORD2026-03 be approved. Proposed Motion: Waive Sec. 6-4 of the City Code, Possession or Consumption on Public Property or on Private Property without permission, during the hours of 9:00 a.m. to 5:00 p.m. on April 11, 2026 for the 2026 Boomtown Days event, restricted to the areas shown on the map submitted with special event permit application #20260042. Documents: Agenda Summary Form Alcohol Waiver for 2026 Boomtown Days.pdf Adjourn Proposed Motion: I move the City Council meeting be adjourned. ANY PERSON REQUIRING A SPECIAL ACCOMMODATION AT THIS HEARING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE CITY CLERK AT (352) 465-8500 AT LEAST 48 HOURS PRIOR TO THE PROCEEDING. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, HE OR SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY IS NOT 3

RESPONSIBLE FOR ANY MECHANICAL FAILURE OF RECORDING EQUIPMENT. 4

Page 1 of 16 IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA MARION COUNTY, a political CASE NO: subdivision of the State of Florida, and THE CITY OF DUNNELLON, a political subdivision of the State of Florida, Plaintiff, vs. TRACK LINE RAIL, LLC, a registered Foreign Limited Liability Company, d/b/a TRACK LINE, LLC, FLORIDA NORTHERN RAILROAD COMPANY, LLC, a Florida Limited Liability Company, and CSX TRANSPORTATION, INC., a registered Foreign Corporation, Defendant. __________________________________________/ COMPLAINT Plaintiffs, MARION COUNTY, a political subdivision of the State of Florida, and THE CITY OF DUNNELLON, a municipal corporation of the State of Florida hereby sue Defendants, TRACK LINE RAIL, LLC, a registered Foreign Limited Liability Company, d/b/a “TRACK LINE, LLC”, FLORIDA NORTHERN RAILROAD COMPANY, LLC, a Florida Limited Liability Company and CSX TRANSPORTATION, INC., a registered Foreign Corporation, and allege as follows: PARTIES, JURISDICTION AND VENUE 1. This matter invokes the Circuit Court’s jurisdiction pursuant to section 26.012, Florida Statutes (2025), as this instant action involves preliminary and permanent injunctive relief pursuant to Chapter 60, Florida Statutes, and other applicable laws. 5

Page 2 of 16 2. The events giving rise to this action and the real property at issue in this action occurred and exist in the City of Dunnellon and Marion County, Florida. As such, venue is appropriate in Marion County, Florida. 3. Plaintiff, MARION COUNTY (hereinafter, “County”), is a political subdivision of the State of Florida, with its administrative offices located at 601 SE 25th Avenue, Ocala, Florida 34471. 4. Plaintiff, THE CITY OF DUNNELLON (hereinafter, “City”), is a political subdivision of the State of Florida, with its administrative offices located at 20750 River Drive, Dunnellon, Florida 34431. 5. Defendant, TRACK LINE RAIL, LLC, a registered Foreign Limited Liability Company, d/b/a “TRACK LINE, LLC”, (hereinafter, “Track Line”), is a Texas limited liability company registered and engaging in business in the State of Florida at property owned by CSX TRANSPORTATION, INC. located at 20361 and 20365 E. McKinney Avenue, Dunnellon, Florida.1 Track Line’s Registered Agent is identified as Registered Agent Solutions, Inc., 1200 South Pine Island Road, Plantation, FL 33324. 6. Defendant, FLORIDA NORTHERN RAILROAD COMPANY, LLC, (hereinafter, “Florida Northern”), a Florida Limited Liability Company, leases and/or maintains operations at property owned by CSX TRANSPORTATION, INC. located at 20361 E. McKinney Avenue, Dunnellon, Florida. Florida Northern’s 1 Track Line, LLC was filed in Arizona on January 24, 2020, and later converted to a Texas entity that was renamed to Track Line Rail, LLC on May 23, 2024, pursuant to the Texas Secretary of State Certificate of Conversion executed by “David Malay” on May 21, 2024. Track Line Rail, LLC through its member, “Dave Malay”, registered in Florida on February 14, 2025, as a foreign (Texas) limited liability company. 6

Page 3 of 16 Registered Agent is identified as CT Corporation System, 1200 South Pine Island Road, Plantation, FL 33324. 7. Defendant, CSX TRANSPORTATION, INC., (hereinafter, “CSX”), a registered Foreign Corporation, is engaging in business in the State of Florida and owns that certain property addressed 20361 and 20365 E. McKinney Avenue, Dunnellon, Florida. CSX’s Registered Agent is identified as CT Corporation System, 1200 South Pine Island Road, Plantation, FL 33324. FACTUAL BACKGROUND 8. The real property at issue in this action is located at and adjacent to real property located at 20361 and 20365 E. McKinney Avenue, Dunnellon, Marion County, Florida, owned by Defendant CSX (the “Property”). The Property consists of three adjacent parcels, one that is located entirely within the City2, one that is located entirely within the County3, and one that is split between both the City and the County,4 and more particularly described in the attached Exhibit “A.” 9. The portions of the Property lying within the County are within a Spring Protection Overlay Zone (SPOZ) and zoned as Agriculture (A-1). See Marion County Land Development Code, Article 5, Division 4, Sec. 5.4.1 – 5.4.4 and Article 4, Division 2, Sec. 4.2.3. 10. The portions of the Property lying within the City are within the flood plains area and zoned residential medium density (R-1B) and residential multiple 2 Parcel ID 33638-000-00 (approximately 11.45 acres) depicted in the attached Exhibit “B.” 3 Parcel ID 33638-000-03 (approximately 55.38 acres) depicted in the attached Exhibit “C.” 4 Parcel ID 33638-000-02 (approximately 15.14 acres) depicted in the attached Exhibit “D.” 7

Page 4 of 16 dwelling (R-3). See City of Dunnellon Code of Ordinances, Appendix A, Article VIII, Sec. 7.1. 11. By information and belief, Defendant Florida Northern is operating on a portion of the Property with express consent of Defendant CSX. 12. By information and belief, Defendant Track Line, with the express consent of either Defendant Florida Northern or Defendant CSX, was obtaining, receiving, staging, storing, and stockpiling an inordinate amount of used creosote-treated wooden railroad ties on the Property for Defendant Track Line’s stated purpose of establishing a facility that will process, grind, and shred the railroad ties out in the open and thereafter ship the (potentially hazardous) processed materials to cement kilns for burning. See attached Exhibit “E.” 13. Defendant Track Line’s proposed facility was previously operational in the City of Newberry, Alachua County, Florida but was shut down by the Alachua County Environmental Protection Department on May 6, 2025, for reasons inclusive of allowing discharge of hazardous material into soils, air, groundwater, or surfaces waters. See attached Exhibit “F.” 14. Defendant Track Line also failed to obtain any permitting from the City of Newberry for its operations and at the May 13, 2025 City Council Meeting concerning the unpermitted operations, the neighbors near the site complained of health-related issues, pollution concerns, and excessive noise and dust, all attendant to the massive stockpiling, shredding, and grinding of creosote-treated railroad ties by Defendant Track Line.5 5 https://www.newberryfl.gov/citycouncil/page/special-commission-meeting-17 8

Page 5 of 16 15. Following Defendant Track Line’s cessation of its operations as required by the City of Newberry and Alachua County, Defendant Track Line, without any notice to the City or County, relocated the creosote-treated railroad ties from Alachua County to the Property. Meanwhile, Alachua County in conjunction with the Florida Department of Environmental Protection - Northeast District, was left with the cleanup of the hazardous materials and debris Defendant Track Line left in Newberry, which required Alachua County, at its own cost, to remediate the site by scraping, removing and transporting approximately 6 inches of soil on portions of a 17.5-acre site in order to safely dispose of it. 16. Only a couple months later, and despite Defendant Track Line’s knowledge that its operations were offensive to its neighbors, that a local government requires permitting and controls specifically zoned activities and land uses, Defendant Track Line, without so much as a call to the County or the City, unloaded several hundreds of tons of the creosote-treated railroad ties between two residential communities (Chatmire and Blue Cove), less than a mile from natural springs and the Rainbow River, and onto the Property. 9

Page 6 of 16 17. It was only after receiving the Public Notice in mid-October (a condition of the Florida Department of Environmental Protection (FDEP) Air Pollution Construction Permit Application), that many in the City and County became aware that a non-railroad organization, Defendant Track Line, was planning on creating a similar shredding and grinding facility, that just a few months prior was shut down in the City of Newberry. 18. Due to the foregoing, both the County and City received several complaints from their citizens, and both the County and City inspected their respective portions of the Property and immediately sent notices to Defendant CSX and Defendant Track Line. 19. The County sent its notice of violation on October 24, 2025, requiring that no grinding or shredding of the railroad ties occur, that no additional railroad ties be brought onto the property, and that the stockpile of railroad ties existing be immediately removed. See attached Exhibit “G.” 20. Thereafter, residents of the Chatmire and Blue Cove communities, as well as many others, explained at the Dunnellon Special City Council meeting on October 27, 2025, that they were immediately aware of the extraordinary influx of large quantities of creosote-treated railroad ties appearing on Defendant CSX parcels as the towering piles were visible from their homes, the prolific smell was obvious when they went outdoors and the deleterious health effects from the amassed piles became instantly unbearable. The residents and citizens further 10

Page 7 of 16 described their many concerns for the springs, the Rainbow River, the air quality and ground water negatively impacted by Defendant Track Line’s actions.6 21. The next day, the City sent its notice of violation to Defendant CSX requiring removal of “all railroad ties from the Dunnellon city limits.” See attached Exhibit “H.” 22. On October 29, 2025, the City sent its comments in opposition to the Permit Application to the FDEP, attached hereto as Exhibit “I.” 23. On October 30, 2025, the County sent its comments in opposition to the Permit Application to the FDEP, attached hereto as Exhibit “J.” 24. Neither Defendant CSX nor Defendant Track Line responded to either the County’s or City’s notices nor did either of them respond to the comments in opposition to Defendant Track Line’s Permit Application. Instead, additional railroad ties were brought onto the Property and none of the existing railroad ties were removed from the Property. 25. On November 6, 2025, the County sent another Notice of Continuing Violation, Notice of Additional Violation, Cease and Desist and Stop Work Order, and a first Notice Demanding Abatement of Nuisance to Defendant CSX, Defendant Florida Northern and Defendant Track Line, requiring again that no grinding or shredding of the railroad ties occur, that no additional railroad ties be brought onto the Property, and that the stockpiles of railroad ties existing on the parcels be immediately removed. This notice further advised that an injunction might be sought by the County should the junk, debris and hazardous 6 https://dunnellon.granicus.com/ViewPublisher.php?view_id=1 (October 27, 2025 - Special City Council Meeting) 11

Page 8 of 16 materials not be abated on or before November 17, 2025. See attached Exhibit “K.” 26. On November 17, 2025, the Property was again inspected and while it did not appear that any additional railroad ties had been brought onto the Property, nor was any shredding or grinding activity occurring, the many hundreds of creosote-treated railroad ties remained on the Property, completely open, obvious, exposed and susceptible to heat, wind, and rain. 27. On November 18, 2025, the County sent yet another Notice of Continuing Violation, Cease and Desist and Stop Work Order, and a Second Notice Demanding Abatement of Nuisance to Defendant CSX, Defendant Florida Northern and Defendant Track Line, requiring again that no grinding or shredding of the railroad ties occur, that no additional railroad ties be brought onto the Property, and that the stockpiles of railroad ties existing on the Property be immediately removed. This notice advised that an injunction would be sought by the County should the junk, debris and hazardous materials not be removed on or before December 3, 2025. See attached Exhibit “L.” 28. On November 19, 2025, the City, having determined that the violations still existed on the Property, sent a notice of hearing to Defendant CSX that was scheduled to occur on January 13, 2026, at 9:30 AM before a Special Magistrate. See attached Exhibit “M.” 29. While Defendant Track Line persisted in failing to communicate or respond to the County, representatives for both Defendant CSX and Defendant Florida Northern assured the County that no additional railroad ties would be 12

Page 9 of 16 brought onto the Property and no grinding or shredding of the railroad ties would occur. However, the excessive stockpiles of thousands of tons of creosote-treated railroad ties brought to the Property remained on the Property beyond both the City’s and the County’s compliance dates. 30. On January 13, 2026, the City went forward with its Code Enforcement hearing. Defendant CSX did not appear for the hearing, but the City’s Code Enforcement Officer testified that while “some rail ties were recently removed, piles of rail ties remain at the Property.” Defendant CSX was given an additional 30 days to come into compliance before the City imposed fines. See attached Exhibit “N.” 31. A month prior to the City’s code enforcement hearing, and in an effort to immediately alleviate the continuing violations of both the City’s and the County’s Codes, the County engaged in extensive negotiations with a representative from Defendant CSX concerning removal of the thousands of tons of creosote-treated railroad ties by first providing Defendant CSX the communications from Marion County’s Fire Chief concerning the very dangerous hazard of the stockpiles of creosote-treated railroad ties on December 4, 2025. See attached Exhibit “O.” 32. Thereafter, Defendant CSX assured the County that it would assist Defendant Track Line by providing railway cars to Defendant Track Line specifically for the immediate removal of the railroad ties out of Dunnellon and Marion County. See attached Exhibit “P.” 13

Page 10 of 16 33. Unfortunately, however, because of either delay brought about by Defendant CSX, Defendant Florida Northern, or Defendant Track Line, many of the stockpiles of creosote-treated railroad ties were not timely removed from Property. 34. In the early morning hours on Sunday, February 1, 2026, several stockpiles of creosote-treated railroad ties caught fire endangering nearby residences7 and businesses8 and causing noxious black smoke and ash to be released into the air for miles. 35. The County’s fire rescue, sheriff’s office and emergency management were immediately deployed as well as various and multiple agencies who later arrived on scene, inclusive of the Florida Forest Service, the Florida Department of Environmental Protection, the Florida Department of Emergency Management, the Florida Department of Health, and the Florida Department of Agriculture and Consumer Services. All agencies worked for many hours to 7 Blue Cove residents reported the fire of the railroad ties was approximately 30 feet from their homes. 8 The Comfort Suites located at 20052 Brooks Street, Dunnellon, Florida was evacuated due to the proximity of the fire. 14

Page 11 of 16 coordinate and contain the fire on the Property of the stockpiles of creosote- treated railroad ties. 36. While it is known that many of the creosote-treated railroad ties have burned, there still remains many additional stockpiles of creosote-treated railroad ties on the Property (believed to be in excess of 40,000 railroad ties remaining), as well as potential pollutants and hazardous materials resultant of the fire and its extinguishment. ENFORCEMENT OF COUNTY AND CITY ORDINANCES BY TEMPORARY AND PERMANENT INJUNCTION 37. County and City reallege and incorporate the allegations of paragraphs 1 through 36, above. 38. This is an action to enforce Marion County Code of Ordinances and City of Dunnellon’s Code of Ordinances pursuant to section 162.30, Florida Statutes (2025) allowing for a preliminary and permanent injunction to abate the nuisance, clear hazardous materials and remove junk and debris as provided in the City of Dunnellon Code of Ordinances, Subpart B, Chapter 99, Sec. 99-5 and the Marion County Code of Ordinances, Chapter 9, Article III, Hazardous Materials, Section 9-53, as well as Chapter 60, Florida Statutes. 39. The City of Dunnellon Code of Ordinances, Subpart B, Chapter 99, Sec. 99-5 provides as follows: - Public nuisances. (a) No person owning, leasing, operating, or having control of any premises located within the city shall maintain, keep, or permit any nuisance as described in this section. Tenants in possession of property, landlords, property owners, and property management or real estate companies 15

Page 12 of 16 responsible for property maintenance shall be jointly and severally responsible for complying with this section. (b) The existence of any of the following conditions or conduct is hereby declared to constitute a public nuisance: (1) A condition or use that causes a substantial diminution of value of property in the vicinity of the condition or use. ****** (6) Any attractive nuisance dangerous to children such as excavations, untended or unfenced swimming pools, or abandoned or broken equipment or machinery. (7) Overt blocking of drainage swales, pipes, or driveways, so as to cause flooding or adversely affect surrounding property. ****** (11) Any other condition or use that constitutes a nuisance to the public which is continually or repeatedly maintained, the abatement of which would be in the best interest of the health, safety, and welfare of residents of the city. 40. Marion County Code of Ordinances, Chapter 16, Article III, Section 16-92, prohibits the accumulation of junk except for junk stored in enclosed litter receptacles or collection containers, or completely enclosed buildings. As defined in Section 16-1, "junk" includes any litter, debris, waste materials of any kind, dead or decaying vegetation or vegetative refuse, dead animals, used or unserviceable automobile and machinery parts, used and nonfunctional furniture and appliances, and used and nonfunctional tools, equipment, and implements. 41. Marion County Code of Ordinances, Chapter 9, Article III, Hazardous Materials, Section 9-47, also provides that “[n]o person or entity shall discharge or cause or permit the discharge of hazardous materials into the soil, 16

Page 13 of 16 air, ground water or surface water in Marion County unless the discharge is in compliance with federal, state or local law.” As defined in Section 9-46, "hazardous materials" means and includes the “elements or compounds which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants defined by the United States Congress, or the EPA or defined by any other federal, state or local statutes, law, ordinance, code, rule, regulation, decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant.” 42. The conditions currently existing on the Property are in violation of Marion County Code of Ordinances which prohibit the accumulation of junk and debris and the discharge of hazardous materials into the soil, air, ground water, or surface waters. The County “is authorized to cleanup or abate the effects of any hazardous material unlawfully released, discharged or deposited within the county,” pursuant to Marion County Code of Ordinances, Chapter 9, Article III, Hazardous Materials, Section 9-48. 43. The conditions currently existing on the Property are also in violation of the City of Dunnellon Code of Ordinances which prohibits the existence of a public nuisance pursuant to City of Dunnellon Code of Ordinances, Subpart B, Chapter 99, Sec. 99-5 and section 823.01, Florida Statutes, as Defendants’ continued unauthorized use of the Property in the foregoing manner constitutes a danger to health and safety of the surrounding 17

Page 14 of 16 residential communities, annoys, disturbs, and injures the surrounding residential communities and the environment, and is thereby creating a nuisance as defined therein. 44. The Defendants were previously provided, by regular and electronic delivery, with the City’s and County’s written notices of the violations occurring; however, the hazardous, noxious and legally prohibited conditions remain on the Property.9 45. The County and City therefore seek judicial authority to require Defendants to immediately abate the nuisance, clear and remediate the Property of all debris and hazardous materials, i.e., the stockpiles of intact railroad ties and any hazardous conditions remaining on the Property resultant of the railroad ties fire or the prolonged storage; or alternatively, authorize the County and City to abate the nuisance, clear and remediate the Property, and thereafter tax the incurred fees and costs of such abatement and remediation to Defendants, jointly and severally. 46. Unless the Defendants are immediately enjoined and restrained by Court Order from continued violation of the Marion County and City of Dunnellon Codes of Ordinances, the surrounding residential and business communities and environment will continue to suffer imminent, immediate, and irreparable injury. 9 Pursuant to section 60.05 (3), Florida Statutes, and prior to the County seeking judicial relief, Defendants were provided with written notice to remove and clear the Property on October 24, 2025 (Exhibit “G”), November 6, 2025 (Exhibit “K”), and November 18, 2025 (Exhibit “L”), without any timely response from Defendants nor timely corrective action of clearing the railroad ties from the Property. 18

Page 15 of 16 47. Neither County nor City have an adequate remedy at law for the injuries it and its citizens have suffered and will continue to suffer if the hazardous nuisance is not immediately abated, remediated and the Defendants are not enjoined from violating the County’s and City’s Code of Ordinances, which were adopted so that the County and City could protect the health, safety, and welfare of its citizens including the property owners surrounding the Property. 48. The County and City have a clear legal right to the relief requested and are likely to succeed on the merits of this cause of action. 49. The granting of a preliminary and permanent injunction against Defendants does not outweigh the harm to the City and County and will not be a disservice to the public interest. WHEREFORE, Plaintiffs, MARION COUNTY, FLORIDA, and THE CITY OF DUNNELLON, respectfully request this Honorable Court to award the following relief: A. Declare Defendants’ current use of the Property violative of the Marion County Code of Ordinances and the City of Dunnellon Code of Ordinances and enter an order requiring Defendants to immediately clear the violations, inclusive of any and all environmental remediation; B. Issue a preliminary injunction against Defendants requiring them to remove, clear and abate the junk, debris, hazardous materials, i.e., the stockpiles of intact railroad ties and any remnants of the burned railroad ties, 19

Page 16 of 16 that Defendants brought or caused to be brought onto the Property within fifteen (15) calendar days or some other reasonable time set by this Court; C. Enter a permanent injunction against Defendants prohibiting any further violation of the Marion County Code of Ordinances or City of Dunnellon Code of Ordinances; D. Issue a Final Judgment against Defendants, jointly and severally, for any fees and costs incurred by the County or City resulting from the County clearing, abating, or remediating environmental hazards existing on the Property brought about by Defendants’ violations, as well as those fees and costs incurred in this instant action; and E. Grant such other relief as this Court deems just and proper. RESPECTFULLY SUBMITTED this ____ day of February, 2026. MATTHEW MINTER COUNTY ATTORNEY Florida Bar # 298719 /s/ Attorney for Marion County 601 SE 25th Avenue Ocala, Florida 34471 Telephone: (352) 438-2330 Fax: (352) 438-2331 linda.blackburn@marionfl.org caopleadings@marionfl.org ANDREW HAND CITY ATTORNEY Florida Bar # 35859 /s/ Attorney for City of Dunnellon Ryan Knight Florida Bar # 91503 Assistant Attorney for City of Dunnellon 2300 Maitland Center Pkwy, #100 Maitland, FL 32751-7410 Telephone: (407) 622-1772 Fax: (407) 326-3349 ahand@shepardfirm.com rknight@shepardfirm.com ktoolan@shepardfirm.com 20

City of Dunnellon Agenda Summary Form Meeting Date: February 2, 2026 1. Responsible Department: City Clerk 2. Presenter: Mandy Odom, City Clerk 3. Recommended Action: Consider adopting Ordinance #ORD2026-01, Special Events Subject: Ordinance #ORD2026-01, Special Events Request for Approval Summary Explanation & Background: Following the assumption of law enforcement services by the Marion County Sheriff’s office, staff identified areas of the Code regarding special events that require revision to clarify the role of MCSO as it pertains to special event permit review. The staff worked closely with MCSO Lt. Moore on the ordinance revisions to ensure compatibility with their established processes and protocols. Lt. Moore suggested we review the City of Ocala’s policies and procedures regarding special events which well aligns with the Sheriff’s office involvement in special event activities. We found this to be very useful in drafting revisions to this section of the Code that are consistent with our neighboring city. Other areas of concern were also addressed in the amendment to minimize the city’s liability and financial exposure, ensuring that all costs and potential liability associated with special events are borne by the applicant. The draft ordinance is under review by Attorney Hand and will be published as soon as possible. Procurement Method: N/A Fiscal Information: The proposed ordinance reduces fiscal costs and liability. Attorney Review: Yes 21

First Draft 02/02/2026 City Council Workshop ORDINANCE NO. ORD2026-011 AN ORDINANCE OF THE CITY OF DUNNELLON,2 FLORIDA, VACATING AND DELETING THE CONTENTS3 OF CHAPTER 11, "SPECIAL EVENTS," ARTICLE I, "IN4 GENERAL," ITS ENTIRETY; READOPTING CHAPTER 11,5 "SPECIAL EVENTS," ARTICLE I, "IN GENERAL," AS6 MODIFIED AND SET FORTH HEREIN TO REVISE7 REGULATIONS GOVERNING SPECIAL EVENTS;8 PROVIDING FOR SEVERABILITY; PROVIDING FOR9 CONFLICTS; PROVIDING FOR CODIFICATION; AND10 PROVIDING FOR AN EFFECTIVE DATE.11 WHEREAS, this Ordinance is adopted pursuant to the authority granted in the City's12 Charter, Chapters 166, Florida Statutes, and other applicable law.13 WHEREAS, the City of Dunnellon adopted Ordinance No. 2024-03 on March 4, 2024,14 establishing Chapter 11, "Special Events," to regulate special events held within the City; and15 WHEREAS, the City has gained experience in administering special events and has16 identified areas requiring clarification and enhancement to better protect public health, safety, and17 welfare; and18 WHEREAS, the City seeks to minimize municipal liability and financial exposure by19 ensuring that special event applicants bear full responsibility for event costs and impacts; and20 WHEREAS, the City contracts with the Marion County Sheriff's Office for law21 enforcement services and desires to clarify the role of the Marion County Sheriff's Office in special22 event permit review and administration; and23 WHEREAS, these amendments establish comprehensive requirements for parking plans,24 traffic control, facility use, utilities, and public safety services to ensure successful special events25 that protect city resources; and26 WHEREAS, the City Council finds that these amendments are in the best interest of the27 citizens of Dunnellon and will promote the public health, safety, and general welfare.28 LESIGLATIVE UNDERSCORING: Underlined words constitute additions to the City of29 Dunnellon City Code and Zoning Code, strikethrough constitutes deletions from the original, and30 asterisks (***) indicate an omission from the existing text which is intended to remain31 unchanged.32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE34 CITY OF DUNNELLON, FLORIDA:35 22

Ordinance #ORD2026-01 Special Events Page 2 of 15 First Draft 02/02/2026 City Council Workshop 36 SECTION 1. FINDINGS. The recitals set forth above are true and correct and are incorporated37 herein by this reference.38 SECTION 2. VACATION AND DELETION. Chapter 11, "Special Events," Article I, "In39 General," of the Code of Ordinances of the City of Dunnellon, Florida, is hereby vacated and40 deleted in its entirety. A copy of the deleted provisions is attached hereto as Exhibit “A,” shown41 in strikethrough.42 SECTION 3. READOPTION OF CHAPTER 11, SPECIAL EVENTS. Chapter 11, "Special43 Events," Article I, "In General," of the Code of Ordinances of the City of Dunnellon, Florida, is44 readopted as revised and set forth herein.45 Section 11-1. Purpose.46 It is the purpose of these regulations to establish standards for special events that protect public47 health, safety, and welfare, minimize city liability and financial exposure, ensure applicants bear48 full responsibility for event costs and impacts, and protect city property and resources.49 Sec. 11-2. Exemptions.50 The provisions of this chapter shall not apply to the following:51 (1) City events;52 (2) Funeral processions and services;53 (3) Events conducted entirely on private property that do not meet the definition of "special54 event";55 (4) Sports activities occurring at sports facilities located on city property.56 Nothing in this chapter shall limit the city's ability to enter into any agreement on such terms and57 conditions as the city determines to be favorable for the use of city property.58 Section 11-3. Definitions.59 The following words, terms, and phrases, when used in this chapter, shall have the stated meanings,60 except where the context clearly indicates a different meaning:61 Applicant means any person or organization that seeks a permit from the city to conduct a62 special event governed by this chapter.63 Community Development Manager means the city's community development manager or64 their designee responsible for coordinating the special event permit review process.65 23

Ordinance #ORD2026-01 Special Events Page 3 of 15 First Draft 02/02/2026 City Council Workshop Marion County Sheriff's Office (MCSO) means the law enforcement agency providing law66 enforcement services to the city pursuant to contract.67 Right-of-Way is land which by deed, conveyance, agreement, easement, dedication, usage,68 or process of law is reserved for or dedicated to the general public for traveling purposes,69 including all roads, streets, alleys, sidewalks, trails, paths, utilities, drainage ways,70 shoulders, and the publicly controlled land immediately abutting and appurtenant to the71 traveled and drainage ways.72 Special Event means an organized, temporary activity or series of temporary activities held73 outdoors on public property, and open to the public by advertisement or invitation, with or74 without charge. Any reference to "special event" in the Code other than in this chapter shall75 mean "special event" as defined herein.76 Special Events Team means representatives from the Marion County Sheriff's Office,77 public works, community development, and other relevant departments designated by the78 city clerk to administer the provisions of this chapter.79 Section 11-4. Special event criteria.80 (a) All special events must be planned and conducted in accordance with the following objectives:81 (1) The special event provides a unique and organized civic, cultural, educational,82 entertainment, or recreational activity or experience.83 (2) The size, attendance, and nature of the special event are suitable for the proposed84 location and duration.85 (3) Both vehicle and pedestrian traffic associated with the special event must be managed86 to accommodate expected attendance.87 (4) Parking plan and requirements.88 a. All special event applicants must submit a parking plan that adequately89 accommodates all special event staff, participants, and spectators. The parking plan90 must meet parking requirements according to this code and be approved prior to91 permit issuance.92 b. The parking plan must include:93 i. Total anticipated attendance;94 ii. Estimated vehicle count based on reasonable occupancy ratios;95 24

Ordinance #ORD2026-01 Special Events Page 4 of 15 First Draft 02/02/2026 City Council Workshop iii. Location and capacity of all designated parking areas, including on-96 street parking, public lots, and private property;97 iv. Site map showing parking areas, pedestrian routes, accessible parking98 spaces, emergency vehicle access, and traffic flow patterns;99 v. For any private property proposed for parking, written authorization from100 the property owner on a form provided by the city, including verification of101 adequate liability insurance covering the property owner;102 vi. Accessible parking spaces complying with the Americans with103 Disabilities Act (ADA) requirements;104 vii. Signage plan directing attendees to parking areas;105 viii. Alternative parking arrangements or overflow parking plan for events106 where attendance may exceed primary parking capacity.107 c. Minimum parking requirements:108 i. Small events (30 persons or fewer): Parking must be provided for all109 anticipated attendees at a ratio of one parking space per 2.5 persons, unless110 the applicant demonstrates that a significant portion of attendees will arrive111 by alternative means (walking, cycling, carpooling, shuttle service).112 ii. Large events (31 persons or more): Parking must be provided at a ratio113 of one parking space per 2.5 persons, with a minimum 20% overflow114 capacity.115 iii. Events with alcohol service: Parking must be provided at a ratio of one116 parking space per 2.0 persons due to higher vehicle occupancy rates for such117 events.118 iv. Multi-day events: Parking calculations based on peak anticipated daily119 attendance.120 d. Use of private property for parking:121 i. Private property may be used for event parking only with express written122 permission from the property owner;123 ii. The property owner authorization must be submitted on the city's Private124 Property Parking Authorization Form and must include the legal description125 or address of property; property owner's notarized signature; specific dates126 and hours parking is authorized; maximum number of vehicles authorized;127 25

Ordinance #ORD2026-01 Special Events Page 5 of 15 First Draft 02/02/2026 City Council Workshop acknowledgment that property owner has adequate liability insurance; and128 contact information for property owner;129 iii. The special event applicant must name the property owner as an130 additional insured on the event liability insurance policy or provide131 evidence that the property owner has been notified and has adequate132 insurance coverage;133 iv. The applicant is responsible for ensuring the private property is restored134 to its original condition, including repair of any damage caused by parking135 activities;136 v. Property owner authorization may be revoked at any time up to 48 hours137 before the event, in which case the applicant must immediately provide138 alternative parking arrangements satisfactory to the city or the permit may139 be revoked.140 e. On-street parking restrictions:141 i. The parking plan must identify any on-street parking areas to be utilized;142 ii. The applicant is responsible for all costs associated with temporary143 parking signage, barricades, or enforcement as required.144 f. Prohibited parking areas:145 i. Fire lanes, emergency access routes, and areas designated must remain146 clear at all times;147 ii. Parking shall not block sidewalks, pedestrian routes, or accessibility148 paths;149 iii. Parking shall not occur on private property without written authorization150 as specified in subsection (d);151 iv. Parking shall not impede access to residences or businesses.152 g. Parking enforcement:153 i. The applicant is responsible for managing parking and directing attendees154 to designated areas;155 ii. Vehicles parked in violation of posted restrictions or on unauthorized156 private property may be towed at owner's expense;157 26

Ordinance #ORD2026-01 Special Events Page 6 of 15 First Draft 02/02/2026 City Council Workshop iii. The applicant shall be liable for any damages, complaints, or158 enforcement actions resulting from inadequate parking management.159 (5) Adequate security, emergency medical services, and fire protection services, as160 determined by the Marion County Sheriff's Office and fire department, must be provided161 to protect the safety of special event staff, participants, spectators, and the public.162 (6) All temporary structures are safe as determined by the fire department.163 (7) Restroom facilities must be provided to accommodate expected special event164 attendance.165 (8) Trash must be managed and removed in a timely manner after the special event, and166 the site must be returned to the same or better condition than before the special event.167 Failure to properly clean the event site may result in cleanup fees and labor charges as168 determined by the city.169 (9) Noise must be managed to minimize the impact on neighboring residences and170 businesses.171 (10) Economic and other impacts to city residences and businesses must be adequately172 considered so that the net aggregate impact of the special event on the area is positive.173 (b) The applicant shall demonstrate the ability to successfully carry out the proposed special event,174 including, if applicable, a past record of successful special event performances.175 (c) The applicant shall ensure that the special event is conducted in compliance with all applicable176 laws, ordinances, and city policies, regulations, and procedures.177 (d) The applicant shall obtain any and all additional permits/approvals required to conduct the178 special event or related activities as deemed necessary by the city and/or as otherwise required by179 any entity with jurisdiction over the applicant's proposed activities or area where the special event180 is proposed to take place.181 Section 11-5. Facility use and utilities.182 (a) Event size classifications. For purposes of this chapter, special events shall be classified as183 follows:184 (1) Small events: Special events with an anticipated attendance of 30 persons or fewer at185 any given time.186 (2) Large events: Special events with an anticipated attendance exceeding 30 persons at187 any given time.188 27

Ordinance #ORD2026-01 Special Events Page 7 of 15 First Draft 02/02/2026 City Council Workshop (b) Electrical service requirements for large events.189 (1) All events shall provide their own electrical power generation through portable190 generators, inverters, or similar self-contained power systems adequate to meet all191 electrical needs of the event, including but not limited to sound systems, lighting, food192 vendors, and other electrical equipment.193 (2) Existing city electrical infrastructure at special event venues, including outlets at stages194 and facilities, shall not be available for use.195 (3) All electrical generation equipment must comply with applicable fire and safety codes196 and be subject to inspection and approval.197 (c) Restroom facilities for large events.198 (1) All events shall provide adequate portable restroom facilities to accommodate expected199 attendance.200 (2) Existing city restroom facilities shall not be available for use during large events.201 (3) The number and type of portable facilities shall be determined in accordance with202 Florida Department of Health Administrative Code Chapter 64E-6 and subject to approval203 by the community development manager based on anticipated attendance and event204 duration.205 (d) Concession stand facilities.206 (1) City-owned concession stands and associated facilities shall be closed and unavailable207 for use during all special events, regardless of size.208 (e) Facility condition and restoration. All applicants shall be responsible for the condition and209 restoration of city facilities and property as set forth in Section 11-4(a)(8). The city may assess210 cleanup fees and labor charges for any restoration work required after an event.211 Sec. 11-6. Special event permits.212 All special events held in the city will require a special event permit.213 Section 11-7. Application procedures and requirements.214 (a) An applicant shall complete a special event permit application in the form prescribed by the215 city.216 (b) If the special events team determines that an applicant otherwise meets the criteria for a special217 event permit, but additional information is needed, the applicant shall submit such additional218 information in the form requested by the city before a permit decision is made.219 28

Ordinance #ORD2026-01 Special Events Page 8 of 15 First Draft 02/02/2026 City Council Workshop (c) Each special event permit application shall be filed at least 120 days in advance of the event220 date in order to provide adequate notice for organizing city services. Applications that are not221 submitted in a timely manner may be denied unless the applicant demonstrates to the city clerk222 that compliance within the deadline was impractical or impossible, or the clerk determines that the223 delayed application will not impair the city's ability to accomplish the purposes of this chapter.224 (d) If a special event involves multiple governmental jurisdictions, the applicant is required to225 obtain all applicable written authorizations from other jurisdictions related to the special event.226 (e) Traffic control plans. If the special event requires any street closures, lane closures, parking227 restrictions, detours, or other traffic control measures:228 (1) The applicant shall retain a qualified private traffic control company to prepare a traffic229 control plan.230 (2) The traffic control plan must comply with the current Manual on Uniform Traffic231 Control Devices (MUTCD) and Florida Department of Transportation standards.232 (3) The applicant shall be responsible for all costs associated with the preparation,233 implementation, and removal of traffic control measures.234 (f) Documentation deadlines. The following documentation must be submitted to the community235 development manager by the dates specified:236 (1) Traffic control plan: At least 60 days prior to the event date.237 (2) Insurance certificates: At least 30 days prior to the event date.238 (3) Generator/electrical plan (for large events): At least 30 days prior to the event date for239 fire department approval.240 (4) Portable restroom plan (for large events): At least 30 days prior to the event date.241 (5) Final site plan and layout: At least 30 days prior to the event date.242 (6) City resource plan (barricades and equipment): At least 30 days prior to the event date.243 Failure to submit required documentation by the specified deadlines may result in permit denial or244 revocation.245 Section 11-8. Application processing.246 (a) Determinations. The special events team shall make decisions on complete applications only.247 All completed applications, including required approvals and supporting documentation, shall be248 forwarded to the community development manager for coordination and attachment to the permit.249 The special events team shall determine whether to impose permit conditions and whether the250 29

Ordinance #ORD2026-01 Special Events Page 9 of 15 First Draft 02/02/2026 City Council Workshop applicant has demonstrated that the applicable requirements are satisfied. Required approvals251 include, but are not limited to:252 (1) Marion County Sheriff's Office approval of life safety plans and crowd control plans;253 (2) Public works department approval of equipment needs, site preparation, and restoration254 requirements;255 (3) Fire department approval of temporary structures, electrical systems, and fire safety256 measures;257 (4) Community development department approval of land use, zoning compliance, and258 permit conditions.259 (b) Withdrawal. An applicant may withdraw the application prior to the issuance of an approval or260 denial. The city may consider an application withdrawn if the applicant fails to provide requested261 information or explanation of why the information cannot be provided within 15 calendar days of262 the request. The applicant shall pay to the city all actual costs incurred by the city as a result of the263 withdrawal.264 (c) Cancellation. An applicant shall notify the community development department immediately265 once the applicant knows that a permitted special event will not occur. The applicant shall pay to266 the city all actual costs incurred by the city as a result of the cancellation.267 (d) Misrepresentations. If the applicant makes an intentional misrepresentation on an application,268 such as a significant understatement of the anticipated number of participants, the applicant shall269 pay to the city all actual costs incurred by the city as a result of the misrepresentation. This270 provision does not apply to crowd size when adversely impacted by weather or disaster.271 Section 11-9. Fees, charges, and expenses.272 (a) Fees. A nonrefundable application fee set forth in the fee schedule, which is adopted by the273 city from time to time by resolution, shall accompany a permit application. Prior to issuance of the274 special event permit, the applicant shall pay all other applicable non-refundable fees as determined275 by the city, as set forth in the fee schedule, which is adopted by the city from time to time by276 resolution.277 (b) City support services. City support services shall be provided for special events as determined278 by the city to protect the health, safety, and welfare of the public. The costs of such services shall279 be set forth in the fee schedule adopted by resolution and paid to the city by the applicant no less280 than 30 days prior to the event.281 (c) Police, fire, emergency medical services, traffic and crowd control.282 30

Ordinance #ORD2026-01 Special Events Page 10 of 15 First Draft 02/02/2026 City Council Workshop (1) The applicant shall provide, at applicant's expense, all law enforcement, fire protection,283 emergency medical services, traffic control, and crowd management services required by284 the Marion County Sheriff's Office, fire department, and other applicable agencies having285 jurisdiction.286 (2) The Marion County Sheriff's Office shall determine the level of law enforcement and287 crowd control services necessary based on the event size, nature, location, duration, and288 potential risks.289 (3) The fire department shall determine the level of fire protection and emergency medical290 services necessary based on applicable fire codes, event characteristics, and life safety291 considerations.292 (4) Traffic control requirements shall be in accordance with the Manual on Uniform Traffic293 Control Devices (MUTCD) and Florida Department of Transportation standards.294 (5) The applicant shall contract directly with and pay directly to the Marion County295 Sheriff's Office, fire department, or other service providers for all required services no less296 than 30 days prior to the event.297 (6) Failure to provide required safety services as determined by the respective agencies298 shall be grounds for permit denial or revocation.299 (7) The city makes no determination regarding the adequacy of safety services and assumes300 no liability for the sufficiency or insufficiency of safety staffing levels determined by other301 agencies.302 (d) Additional costs. In addition to the costs set forth in this section, the applicant shall pay to the303 city any additional actual costs incurred by the city, as supported by invoice, including but not304 limited to site cleanup and restoration costs.305 Sec. 11-10. Insurance.306 The applicant of a special event being conducted on city property must provide certificates of307 insurance naming the city as an additional insured for all insurance coverage required by the city308 at the sole discretion of the city. All such required insurance shall be issued by an insurance309 company authorized to do business in the state with a rating specified by the city.310 Sec. 11-11. Indemnification.311 The applicant of a special event being conducted on city property must agree to indemnify,312 defend and hold the city harmless from and against any and all claims, suits, causes of action,313 damages, losses and expenses incurred by the city, which are caused by the acts and/or omissions314 of the Applicant, or any of its employees, agents, subcontractors, representatives, volunteers,315 invitees, or the like. Said indemnification, defense, and hold harmless shall not be limited by any316 required insurance coverage amounts.317 31

First Draft 02/02/2026 City Council Workshop Sec. 11-12. Decision on special event application.318 (a) Special conditions. The city's special events team may approve an application subject to319 special permit conditions and may also determine the means necessary for complying with320 such conditions in order to ensure that the special event objectives set forth herein are met. If321 special conditions are imposed, the city shall notify the applicant in writing of the required322 conditions.323 (b) Denial. If a special event application is denied, the city shall notify the applicant in writing324 of the action, including:325 (1) The grounds for denial.326 (2) An explanation of the applicant's right to appeal the action.327 (3) An explanation of the right to resubmit the application, the total amount of fees to be328 assessed if the application is resubmitted and the calculation of such fees.329 Section 11-13. Permit revocation.330 (a) A permit may be revoked by the Marion County Sheriff's Office or their designee for any of331 the following reasons:332 (1) Failure to conduct the special event as presented on the application.333 (2) Failure to comply with terms and conditions of the permit.334 (3) Failure to adequately pay the billed fees by the city in a timely manner.335 (4) The special event poses a threat to public health, safety, or welfare.336 (5) State of emergency declared by the city or another governmental entity.337 (b) If a special event permit is revoked, the city shall notify the applicant in writing of the action,338 including:339 (1) Grounds for revocation.340 (2) Explanation of the right to appeal the permit revocation except in the event of a declared341 state of emergency.342 Sec. 11-14. Appeal of denial, special condition or revocation.343 (a) If a special event permit has been denied or revoked, or special conditions imposed, by the344 city, an applicant may appeal the denial, revocation or special conditions to city council as345 follows:346 (1) The appeal must be filed with the community development department within ten347 calendar days from the date of the initial decision.348 32

First Draft 02/02/2026 City Council Workshop (2) The appeal shall include the specific reasons for the appeal and any supporting349 documentation.350 (2) City council shall hear the appeal at the next regular city council meeting that is scheduled to351 be held on a date that falls at least ten days after the city's receipt of the appeal.352 (3) After considering the appeal, city council may uphold, reverse or modify a permitting-related353 decision. The decision of city council is final.354 Section 11-15. Termination of special event.355 The Marion County Sheriff's Office or designee may terminate a special event whether permitted356 or unpermitted and disperse participants and spectators as deemed necessary due to breach of peace357 or any violation of law, including, but not limited to violations of this chapter.358 Sec. 11-16. Unauthorized acts.359 It shall be a violation of this chapter for any person to:360 (1) Hold a special event that requires a permit under this chapter without obtaining the361 approved permit.362 (2) Fail to conduct the special event as presented on the application.363 (3) Hold a special event that violates the terms and conditions of the special event permit.364 (4) Hold a special event that violates the law, including, but not limited to, laws relating to365 traffic regulations, disturbing the peace, public nuisance, unlawful assembly, and/or366 trespass.367 Sec. 11-17. Administration and implementation.368 (a) The city clerk shall be responsible for administering and implementing this chapter and may369 designate city employees as deemed necessary in order to facilitate administration of this370 chapter.371 (b) The city council may develop reasonable policies to implement this chapter.372 Sec. 11-18. Animals at public events.373 Animals shall be permitted at public events, at the discretion of the applicant. Animals374 providing a service to a person with a disability as defined by the Americans with Disabilities Act375 and Florida law (service animals) may not be excluded from any public event. The following shall376 apply to all animals (including service animals) attending public events:377 (1) Animals must be leashed at all times, except for service animals if the disability of the378 owner/handler does not allow for the animal to provide effective assistance when379 leashed.380 (2) Animals must be trained so that, absent illness, the animal controls its waste elimination.381 (3) Animals must be maintained in compliance with the city's animal control and public382 health ordinances.383 33

Ordinance #ORD2026-01 Special Events Page 13 of 15 First Draft 02/02/2026 City Council Workshop (4) The owner/handler of an animal will be responsible for any injury, damage, or384 destruction caused by the animal.385 (5) An animal may be excluded from a public event if the animal's behavior poses a direct386 threat to the health, safety, or welfare of others.387 (6) Providing false information about or misrepresenting the status of a service animal is388 punishable as a second-degree misdemeanor under Florida law.389 390 SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion391 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent392 jurisdiction, such portion shall

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