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HomeMy WebLinkAboutCC 12-07-2010l Special Event Permit ORDOrdinance 08-034 City Council Draft; 12/7/10 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-034 AN ORDINANCE ADDING TO THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING TO CHAPTER 110 OF THE BUSINESS REGULATIONS: BUSINESS REGULATIONS TO PROMOTE THE ORDERLY, COMPATIBLE AND SAFE USE OF PROPERTY FOR TEMPORARY SPECIAL EVENTS AND TO ASSURE ADEQUATE PROVISION OF PARKING, TRAFFIC, SANITARY FACILITIES, UTILITIES, PEACE AND TRANQUILITY OF RESIDENTIAL NEIGHBORHOODS AND SAFETY SERVICES SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 110 – General Licensing Provisions, by adding the following language: § 110.070 SPECIAL EVENT PERMITS. (A) Purpose and intent. The purpose of this Chapter is to promote the orderly, compatible and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, peace and tranquility of residential neighborhoods and safety services. (B) A Special Event shall include the following: (1) Any temporary, privately-sponsored event, typically conducted outdoors, open to the general public and held on public or privately owned property, where such event would not otherwise be permitted under the City’s zoning regulations. (2) An Agricultural Sales Business as defined in Section 11.01 that is conducted for less than three (3) months in any calendar year. A Special Event Permit for an Agricultural Sales Business may be issued once per year and for no more than two consecutive years. (C) Exceptions: “Special Event” shall not apply to the following: (1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to Minn. Stats. Chapter 38. (2) Special events or activities permitted or permitted by other State laws or regulations of the City of Lake Elmo, including publicly-sponsored activities in the local park system and any other lawfully established event for which the City Council has expressly Ordinance 08-034 City Council Draft; 12/7/10 2 granted approval prior to adoption of this ordinance, unless said event is expanded or enlarged, in which case a Special Event Permit will be required. (3) Family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings, etc. (4) Garage sales (5) National Night-Out or Night-to-Unite established through the City of Lake Elmo. (D) Permit Required (1) No person on or after the effective date of this Chapter shall conduct or allow to be conducted any special event as defined in this ordinance without first obtaining a Special Event Permit. (E) Requirements for Issuance of a Permit (1) The following standards shall apply to all special events: (a) Maximum Number of People. The permitee shall not sell tickets to nor permit attendance at the permit location of more than the maximum number of people stated in the special event permit. (b) Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, amplifiers, musical instruments and other recording and playback devices, shall not be operated on the premises of the special event so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of the citizens of Lake Elmo. (c) Sanitary Facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of persons expected to attend the event. (d) Security. The permitee shall employ at his/her own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless Washington County Sheriff’s Department is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event. (e) Food Service. The operator of the special event shall be responsible for securing any permits, if necessary, from the Washington County Health Department for any food services that are made available on the premises. Ordinance 08-034 City Council Draft; 12/7/10 3 (f) Fire Protection. The permitee shall, at his/her own expense, take adequate steps to insure fire protection as determined by the City of Lake Elmo Fire Chief. (g) Duration of Special Event. The permitee shall operate the special event only on those days and during the hours specified on the permit. (h) Cleanup Plan. The special event applicant is responsible for clean up of the site upon completion of the special event, and shall specify the amount of time anticipated to restore the site to its pre-event condition as part of an application. Any clean up or restoration work required by the City may be charged to the applicant. Any City service that requires overtime will be at the expense of the applicant. (i) Waiver. The City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may grant a waiver from the requirements of this Chapter in any particular case where the applicant can show that strict compliance with this Chapter would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the requirement of this Chapter unnecessary. Such waiver must be granted without detriment to the public health, safety or welfare and without impairing the intent and purpose of these regulations. (j) Insurance. Before the issuance of a permit, the permitee shall obtain public liability insurance and property damage insurance with limits determined by the City Administrator if reasonably determined necessary. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorsement to the effect that the insurance company will notify the City Clerk in writing at least ten (10) days before the expiration or cancellation of said insurance. (k) Miscellaneous. Prior to the issuance of a permit, the City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendant or of the citizens of the City of Lake Elmo including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise. (2) In addition to the requirements listed above, the following shall also apply to a Special Event Permit for an Agricultural Sales Business: (a) All performance standards as specified in Section 154.110 for Agricultural Sales Businesses. The City Council, or City Administrator for those permits that are subject to an administrative review and approval process, may exempt the applicant from any of these standards that are deemed unnecessary given the nature or duration of the event. (F) Application Procedures. (1) A written application for a Special Event Permit shall be filed on forms provided by the City with the City Administrator not less than thirty (30) days before the date proposed for holding the special event. The written application shall be signed by the person, persons, or Ordinance 08-034 City Council Draft; 12/7/10 4 parties conducting the event and the property owner, if different, and shall be accompanied by the fee payable hereunder. Upon submission of an application for a Special Event Permit, City staff will review the request and advise the applicant of the need for additional information, if any. (G) Fees (1) The fee for a Special Event Permit shall be as established by the City Council. (H) Granting a Permit (1) Administrative Review and Approval. The City Administrator, or his/her designee, shall review and determine whether or not a request for a special event and/or street closing is acceptable. The City Administrator shall have the authority to issue Special Event Permits for those events that meet the criteria of this Ordinance. In the event the City Administrator determines the activity does not meet these criteria, such applications shall be referred to the City Council for consideration. (2) City Council Review and Approval. The City Administrator shall refer any application for a Special Event Permit that may adversely affect the safety, health and welfare of the citizens of Lake Elmo due to the size, location, or potential impacts of the event to the City Council for final action. (J) Denial of Permit (1) The City Council shall have the right to deny the permit if, in the judgment of the City Council, the granting of a permit would adversely affect the safety, health and welfare of the citizens of Lake Elmo or if other criteria herein are not met. The applicant shall be notified of such denial and may appear before the City Council to appeal such denial. (K) Transferability (1) No permit granted under this Chapter shall be transferred to any other person or place without consent of the City Council, upon written application made therefore. (L) Enforcement and Penalties (1) The City Administrator and other such officers, employees, or agents as the City Council or City Administrator may designate, shall enforce the provisions of this Chapter in accordance with Section 10.99 of the City Code. (2) The holding of a special event in violation of any provision of this Chapter shall be deemed a public nuisance and may be abated as such. (3) Any person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. Ordinance 08-034 City Council Draft; 12/7/10 5 (M) Revocation of Permit (1) The permit for a special event may be revoked by the City Council at any time if any of the conditions necessary for the issuing of or contained in the permit are not complied with or if any of the provisions of this Chapter are violated. SECTION 2. Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date This Ordinance No. 08-034 was adopted on this 7th day of December 2010, by a vote of ___ Ayes and ___ Nays. ________________________________________________ Mayor Dean A. Johnston ATTEST: _________________________________ Bruce Messelt City Administrator This Ordinance No 08-034 was published on the ____ day of _____________________, 2010.