Planning commission approves moving special‑events rules into Parks & Recreation and adds tiered fines

The Cape Coral Planning & Zoning Commission on March 4 recommended approval of Ordinance 8‑26, which moves the city’s special‑events regulations out of the Land Development Code and into a new Special Events article under Parks & Recreation.

Deputy Director Mike Mazola told commissioners the change is intended as a housekeeping measure that will let Parks & Recreation manage special‑event permits and make it easier to update rules without repeatedly amending the land‑use code. He said application deadlines would move from 60 to 90 days before an event, new definitions would clarify on‑ and off‑site events, and department directors could impose user rental fees based on space and impact.

The ordinance adds safety‑plan requirements for events that close streets or rights‑of‑way, and makes the Police Department or Code Compliance Division responsible for enforcing civil fines. Under the proposal, the city would replace a single $500 maximum fine with a tiered sequence: $500 for a first offense, $1,000 for a second offense within 12 months, and $2,000 for a third offense within 12 months.

Commissioners questioned how violations are identified and enforced. Nick Claudio of the City Attorney’s Office told the commission that violations could arise from events held without a permit or from applicants failing to follow permit rules. Staff said they have not encountered many enforcement actions in recent years but added that code compliance and off‑duty police or fire personnel could be used to enforce repeat offenders.

The commission opened the public hearing; no members of the public spoke. After discussion, a motion to approve Ordinance 8‑26 was adopted; the planning commission recorded the vote and the motion carried as reported in the record.

The ordinance now moves forward in the city’s adoption process for final review by City Council.