Loading...
HomeMy WebLinkAbout2007-003 Council OrdinancesJ Reading: 4/9/2007 Published: /i z_001 2" Reading: 4/23/2007 Effective: l To County Recorder Council Member Carlson moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 03-07 AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 615 RELATED TO SPECIAL EVENTS The City Council of The City of Lino Lakes do ordain as follows: Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 615 to read as follows: CHAPTER 615. SPECIAL EVENTS 615.01 Purpose and Findings. The purpose of this chapter is to protect the health, safety and welfare of the citizens of this city by regulating the time, place and manner of conduct of special events and by establishing permit requirements for conducting special events such as are herein defined. The City Council finds that special events often exceed the city's capacity to provide usual city services. These city services include, but are not limited to sanitary, fire, police and utility services. The City Council also finds these regulations necessary to ensure that such events are conducted with sufficient consideration given to public safety issues, including, among other things, the impact of these events on parking and vehicular traffic within the city. 615.02 Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Person: A natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation or any other legal entity. Special Event: An outdoor gathering of at least 50 individuals whether on public or private property, assembled with a common purpose for a period of one hour or longer. Special Events include, but are not limited to concerts, fairs, carnivals, circuses, parades, flea markets, marathons, walkathons, festivals, races, bicycle events, celebrations, or any other gathering or events of similar nature. Special Events do not include noncommercial events held on private property such as graduation parties or social parties. 615.03 Permit Required. No person shall hold, conduct or participate in a special event within the city unless a permit has been issued for such event upon timely written application made to the city. 615.04 Application for Permit. In addition to the general licensing application requirements included in Section 601.02, each written application for a special event permit must be made at least 45 days in advance of the event's proposed date in a form prescribed by the City Council. This application period shall not begin to run until a complete application has been filed with the city. Application forms shall be made available in the office of the city clerk. A fee, in the amount specified in the Ordinance Establishing Fees and Charges, shall be paid to the city along with the completed application form. In addition to the fee, the applicant shall pay all additional costs incurred by the city as a direct result of the special event. Nonprofit entities, as defined as 501(c) or (d) by the Internal Revenue Code of 1986 as amended, shall be exempt from payment of the permit application fee but not from city incurred costs. Failure to provide a complete application or to pay the fee, as herein required, is sufficient reason to deny the special event permit. 615.05 Issuance of Permit, Conditions and Posting. (A) Special event permits will be issued upon City Council approval. The Council may attach reasonable conditions to the permit as are deemed necessary to protect the health, safety and welfare. Such conditions may pertain to any of the following: (1) Location and hours during which the event may be held; (2) Sanitation/availability of potable water; (3) Security/crowd management; (4) Parking and traffic issues; (5) Emergency and medical services; (6) Clean-up of premises and surrounding area/trash disposal; (7) Insurance; (8) Lighting; (9) Fire service/safety, including meeting all requirements of the State Fire Code, as it may be amended from time to time (10) Temporary construction, barricades/fencing; (11) Removal of advertising/promotional materials; (12) Noise levels; (13) Alcohol consumption; (14) Notification of residents or businesses; (15 ) Any other conditions which the Council deems necessary. 615.06 Exceptions to the Permit. The permit requirement contained in this chapter does not apply to the following: (A) Special events sponsored and managed by the city; (B) Funerals and funeral processions; (C) The grounds of any school, playground, city or county park, place of worship, hotel conference center, stadium, athletic field, arena, auditorium or similar place of assembly when used for regularly established assembly purposes. 615.07 Denial of Application A permit may be denied based upon a determination that: (A) The event would seriously endanger public safety; (B) The event would unreasonably inconvenience the general public; (C) The event would unreasonably infringe upon the rights of abutting properties; (D) The event would conflict with another proximate event or interfere with construction or maintenance work; (E) There are not sufficient safety personnel or other necessary staff to accommodate the event; (F) Other issues in the public interest were identified by the city council. 615.08 Penalty (A) Any person who violates any condition of a special event permit or any provision of this chapter shall be guilty of a misdemeanor punishable as prescribed by Minnesota State Law. (B) Enforcement of this division may, at the Council's discretion, take any of the following forms: (1) Citation/criminal prosecution; (2) Injunctions, declaratory judgments or other civil remedies; (3) Permit revocation; (4) Disbursement of persons gathered. 615.08 Indemnification Permit holder agrees to defend, indemnify and hold the City, its officers and employees harmless from any liability, claim, damages, costs, judgments, or expenses, including attorney's fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors and omissions of event promoter, its agents, employees, arising out of or by any reason of the conduct of the activity authorized by such permit and against all loss caused in any way be reason of the failure of the event promoter to fully perform all obligations under this section. 615.09 Applicability The provisions of this chapter and of all regulations made thereunder and all permits issued thereunder shall be subject to all applicable and controlling provisions of federal, state and city laws and of regulations and orders issued thereunder. t: Julianne Ba ell`, -City Clerk o - n Berg: on, Mayor Adopted by the Lino Lakes City Council this23rdday ofAPri1 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member O' Donnel]and upon a vote being taken thereon, the following voted in favor thereof: Carlson, O'Donnell, Stoltz, Reinert, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. ATTACHMENT A, RESOLUTION 07-54 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 03-07 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 03-07 AN ORDINANCE AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 615 RELATED TO SPECIAL EVENTS The City of Lino Lakes does ordain the following: Chapter 615 — Special Events 615.02 Definitions — includes definition of special event and persons requesting a permit; 615.03 Permit Required 615.04 Application for Permit — Includes time and fee requirement for submitting an application; 615.05 Issuance of Permit, Conditions and Posting — authorizes permit issuance by the city council and allows for the attachment of conditions to permits; 615.06 Exceptions to the Permit — designates events and/or areas where permits are not required; 615.07 Denial of Application — sets forth the criteria under which a permit request can be denied; 615.08 Penalty — Sets forth the penalty for violating special event chapter or permit regulations; 615.09 Indemnification — holds the city harmless for liabilities resulting from special event; 615.10 Applicability — clarifies that the events must follow all other applicable local, state or federal regulations or laws. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall. Adopted by the Lino Lakes City Council this 23rd day of April, 2007. John Bergeson, Mayor Attest: Julianne Bartell, City Clerk Published in the Quad Community Press May 1, 2007 AGENDA ITEM 3A STAFF ORIGINATOR: Julie Bartell, City Clerk DATE: April 23, 2007 TOPIC: Approve Second Reading and Passage of Ordinance No. 03-07, Adding a new Chapter 615 to the Lino Lakes Code of Ordinances relating to Special Event Permits VOTES REQUIRED: 3/5 BACKGROUND: The City receives requests from individuals and organizations to conduct outdoor special events within the city. An example of a special event would be a parade, carnival, fair or outdoor concert. These events often require city assistance or review in order to ensure that public safety standards are met and city liability is addressed. The City has been issuing special event permits, using an application that allows staff to gather the necessary information to preview the events and place conditions on issuance of a permit. However, there hasn't been any language in the City Code specific to special events. Having an ordinance regulating special events in the code would make city regulations more clear and the permit process and the inclusion of conditions with permits more justifiable. Using model language prepared by the League of Minnesota Cities and surveying special event language used by other cities, staff has drafted a special events ordinance. The police, fire and public service departments and the city attorney have reviewed and provided input for the proposed ordinance. The ordinance predominantly puts into the code the special event process the city has been using but also includes the following: - defines the size of a special event (50 or more persons); - establishes an application period (45 days prior to event); - exempts non -profits from paying the application fee ($50) but not from paying city incurred costs; - reference to the state fire code in its current or future form; - language that will allow notification of residents/businesses as a condition, if warranted; - excepts city and county parks; - adds language allowing for permit denial; - adds indemnification language; - acknowledgement that permitted events are subject to all other applicable federal, state and local laws. The Council will continue to receive special event requests and maintains the authority to grant permits. The first reading of the special event ordinance was approved by the Council on April 9, 2007. Following second reading and approval, the ordinance would be published and would take effect 30 days from the date of publication. OPTIONS 1. Approve second reading and passage of Ordinance 03-07 2. Return to staff for further consideration. RECOMMENDATION Staff recommends approval of Option 1.