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HomeMy WebLinkAboutOrdinance 808ORDINANCE SUMMARY ORDINANCE NO. 808 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 OF THE MOUNDS VIEW CITY CODE BY ADDING A NEW CHAPTER 611 RELATING TO OUTDOOR SPECIAL EVENTS On September 22, 2008, the Mounds View City Council adopted an ordinance which created a new Chapter 611 of the Municipal Code which established the procedures and conditions associated with a Special Event permit for outdoor events. The definition of a Special Event is as follows: SPECIAL EVENT: Any concert, fair, show, festival, carnival, rally, party, tournament, street dance or other attended outdoor entertainment or celebration that is to be held on public or private property. An Outdoor Special Event permit would not be required for weddings, wedding receptions and graduation parties. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City's website, located at www.ci.mounds-view.mn.us. J ~, Ems, James Ericson, Interim Clerk-Administrator .-, ORDINANCE NO. 808 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 OF THE MOUNDS VIEW CITY CODE BY ADDING A NEW CHAPTER 611 RELATING TO OUTDOOR SPECIAL EVENTS SECTION 1. The City Council of the City of Mounds View hereby amends Title 600, with a new Chapter 611 to the Mounds View Municipal Code by adding the underlined material as follows: CHAPTER 611 OUTDOOR SPECIAL EVENTS SECTION: 611.01: 611.02: • 611.03: 611.04: 611.05: 611.06: 611.07: 611.0$: 611.09: 611.10: 611.11: 611.12: Findinas of Fact: Purpose Definitions Permit Reauired Permit Not Reauired Permit Application Permit Review Permit Issuance Indemnification Aareement Insurance Requirements Cleanup Deposit Revocation of Permit Violations 611.01: FINDINGS OF FACT: PURPOSE: This Chapter aoverns the time. place and manner of holdina certain special events on public and private property when an event's impact upon the health. fire. law enforcement. transportation or other services --- exceeds those regularly provided to that property. This Chapter is enacted in order to promote the health. safety and welfare of all residents and visitors of the Citv by ensuring that special events do not create disturbances, become nuisances, menace or threaten life, health and property. disrupt traffic or threaten or damage private or public property. It is not the intent of the City Council by enacting this Chapter to regulate in any manner the content of speech or infringe upon the right to assemble. except for regulating the time, place and manner of speech and assembly and this Chapter should not be interpreted or construed otherwis 611.02: DEFINITIONS: As used in this Chapter. the_ followina words and terms shall have the meanings ascribed to them in this Section: i Subd. 1. PRIVATE EVENT. Anv event in which the general public is not invited or admitted. Subd 2 SPECIAL EVENT Anv concert fair show festival carnival, rally. party, tournament street dance or other attended outdoor entertainment or celebration that is to be held on public or private property. 611.03: PERMIT REQUIRED: Anv person or oraanization desirina to conduct or sponsor a Special Event in the Citv shall first obtain a Special Event permit from the City. 611.04: OUTDOOR SPECIAL EVENT PERMIT NOT REQUIRED• Subd. 1. A Special Event permit is not required for the followina types of events: a. Private Events; b. The Mounds View Festival in the Park event• and c. The use of traditional public__ forums as alternative channels of • communication by the public provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public. 611.05: OUTDOOR SPECIAL EVENT PERMIT APPLICATION• Subd. 1. Anv person or oraanization desirina to sponsor a Special Event that is not exempted by this Chapter must apply to the Citv for a Special Event permit. The Special Event permit application must be filed not less than 30 days in advance of the date in which the event is to occur. Subd. 2. Application Information: Special Event permit applications must include -- the followina information: a. Type and description of the Special Event and a list of all activities to - - -- - _ take place at the event; b. Name of the sponsoring entity the .names of at least two contact persons and their addresses and phone numbers. along with phone numbers where they can be reached on the date(s) of the event c. Proposed date(s) of the Special Event. together with the beginning and ending times for each date: d. Proposed location of the Special Event. including a diagram of the proposed area to be used showing the location of any barricades perimeter/security fencing entertainment stages. portable toilets. • parking areas. trash containers and any other items related to the event: e. Estimated numbers of Special Event staff participants and spectators f. Anv public health plans. including suaalvina water to the site. solid waste collection and the number of toilet facilities that will be available ~ Anv clans for first aid facilities and the name of the aerson or entity providing these services: h. Anv fire prevention and emergency medical service clans: i. Security plans: Parking clans: k. Cleanup plans: I_ The admission fee, donation or other consideration to be charged or reauested for admission to the Special Event. if apalicable: • m. Whether any sound amplification or public address system will be used or if there will be any alavina of any music or musical instruments n. Coav of a letter to be sent by the applicant to residents within 500 feet of the Special Event informing them of the event o. Signature of the applicant: and ~ Anv other information reauested by the Citv. that it deems reasonably necessary in order to determine the nature of the Special Event. Subd. 3 Permit Fee: An applicant for a Saecial Event aermit must pay a nonrefundable aermit fee in the amount established from time to time by the City's fee schedule. 611.06: PERMIT REVIEW: Subd. 1. The Citv Council shall review the Saecial Event permit application and make a determination on whether to issue the permit or deny it. Subd. 2. Inspection: Prior to Citv Council review the site of the Special Event • shall be inspected by the City Fire Marshal. Subd. 3. Permit Denial: The Citv Council may deny an application for a Special Event permit if it determines from a consideration of the application or other pertinent information, that: a. The information contained in the application or supplemental information requested from the_ applicant is false or nonexistent in any material detail, b. The applicant fails to supplement the application after having been notified by the City of additional information or documents needed: c. The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event germit• d. The time, route, hours, location or size of the Special Event will unnecessariiv disrupt the movement of other traffic within the area of the Special Event' e. The Special Event is of the size _or nature that reauires the diversion of too manv law enforcement officers to properly police the event, site and contiguous areas that allowing the Special Event would unreasonably denv law enforcement protection to the remainder of the Citv and its residents; f. Another Special Event permit application has already been approved to hold another Special Event at the same time and place reauested by the applicant or so close in time and place as to cause undue traffic congestion, or the Citv is unable to meet the needs to provide for law enforcement and other City services for both Special Events; ~ The location of the Special Event would cause undue hardship for adjacent businesses or residents; h. The location of the Special Event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way: i. The Special Event would endanger public safety or health: The Special Event would seriously inconvenience the general public's use of public property. services or facilities: k. The applicant fails to comply with the liability insurance reauirements or the applicant's insurance lapses or is canceled: The Special Event would create or constitute a public nuisance: • m. The Special Event would be likely to cause significant damage to public property or facilities: or n. The Special Event would enaaae in or encourage participants to enaaae in illegal acts. Subd. 4. Permit Conditions: The Citv Council may condition the issuance of a Special Event permit by imposina reasonable conditions concernina the time. place and manner of the Special Event. and such conditions are necessary to protect the safety of persons and property. and the control of traffic: provided that such conditions shall not unreasonably restrict the riaht of free speech. Such conditions may include, but are not limited to: a. Alteration of the date(s). time(s). route or location of the Special Event proposed; b. Elimination of an activity at the Special Event which cannot be mitiaated to a point as to ensure public safety and welfare. or which _-- causes undue liability to the Citv: c. Reauirements concernina the accommodation of pedestrian or vehicular traffic: d. Reauirements for the use of traffic canes or barricades• e. Reauirements for the use of Citv personnel and equipment: f. Reauirements for the provision of first aid or sanitary facilities• ~ Reauirements for the use of event monitors and the providina notice of the Special Event aermit conditions to the events' participants: h. Reauirements on the number and type of vehicles. animals or structures to be allowed at the Special Event and the inspection and approval of structures by the Citv for safety purposes Compliance with animal protection ordinances and laws Reauirements for the use of aarbaae containers and the cleanup and restoration of the property: k. Restrictions on the use of amplified sound and compliance with noise ordinances, reaulations and laws; and Restrictions on the sale or consumption of food and alcohol. • 611.07: PERMIT ISSUANCE: The Citv Clerk-Administrator shall issue the Special Event permit once the application has been approved by the City Council and the applicant has agreed to comply with the terms and conditions of the permit as well as the reauirements of this Chapter. 611.08: INDEMNIFICATION AGREEMENT: If the Special Event. or anv portion of the event is to be held on Citv property or right-of-wav. prior to the issuance of a Special Event permit. the permit applicant and authorizing officer of the sponsoring organization if anv. must sign an agreement to indemnify. defend and hold the Citv its officials employees and agents harmless from anv claim that arises in whole or in part out of the Special Event. except anv claims arising solely out of the negligent acts or omissions of the Citv. its officials, employees and agents. 611.09: INSURANCE REQUIREMENTS: Subd. 1. Liability Insurance Reauired: The applicant or sponsor of a Special Event must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily iniurv or property damage arising from the Special Event A certificate of insurance must be filed with the Citv prior to issuance of the Special Event permit. The certificate of insurance must name the Citv. its officials. employees and agents as additional insureds. Insurance coverage must be maintained for the duration of the Special Event. Subd. 2. Minimum Limits: Insurance coverage must be a commercial general liability policy. The minimum limits must be at least $1.000.000. The policy must also include an endorsement for liauor liability. The Citv Council may reauire additional endorsements depending upon the type of Special Event and proposed activities. Subd. 3. Waiver or Reduction of Reauired Limits: The City may waive or reduce the insurance reauirements of this Chapter under the following circumstances: a. The applicant or officer _ of the s onsorin or anization si ns a verified statement that it believes that the Special Event's purpose -- -- is First Amendment expression and that the cost of obtaining the insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression: b. The applicant or an officer of the sponsoring organization signs a verified statement that the insurance coverage reauired by this -_ Chapter is imaossible to obtain: c. The Citv Council determines that the insurance reauirements are in excess of the reasonable risk presented by the proposed Special Event. 611.10: CLEANUP DEPOSIT: The applicant or sponsor of the Special Event • involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals or another activity likely to create a substantial need for cleanup may be reauired by the City to provide a cleanup deposit prior to issuance of the Special Event permit. The cleanup deposit shall be in an amount set by the Citv Council. The cleanup deposit will be returned to the- applicant/sponsor if the area used for the Special Event has been cleaned and restored to the same condition as it existed rior to the event. If the ro ert used for the event has not been ro erl cleaned or restored within 24 hours of the event completion, the applicant/sponsor will __ be billed for the actual cost by the City for the cleanup and restoration. The cleanup_ deposit will be applied toward payment of the bill. 611.11: ERMIT REVOCATION: Anv Special Event permit issued pursuant to this Chapter may be summarily revoked by a City law enforcement officer at any time __ when v reason of disaster public calamity riot or other emergency. the law enforcement officer determines that the safety of the public or property reauires such revocation. The Citv Clerk-Administrator may also summarily revoke any Special Event permit issued pursuant to this Chapter if he or she finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee b personal service or certified mail at the address specified by the permittee in its application. 611.12: VIOLATIONS: Subd 1 Unlawful to Sponsor a Special Event without a Permit: It is unlawful for any person to sponsor or conduct a Special Event reauirina a permit pursuant to this Chapter unless a valid Special Event permit has been issued for the event. Subd. 2. Unlawful to Exceed the Scope of the Permit: The Special Event permit authorizes the Special Event permittee or sponsor to conduct only such a Special Event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee or sponsor to willfully violate the terms and conditions of the permit. Subd. 3. Misdemeanor. Anv person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute Each day in which a violation continues to occur shall constitute a separate offense. Violation of any provision of this section shall also be grounds for revocation of the Special Event permit. • SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on June 9, 2008. Second Reading and Adoption by the Mounds View City Council on September 22, 2008. Publication Date: October 1, 2008 Attest: Rob Marty, Mayor Jim Ericson City Clerk-Administrator (seal) • • • State of 1Vlannesota SS County of Rannsey ANNE THILLEN ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as_ NF,W RRTC'THTnN RT JT,T,F,TTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 808 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY ,the lsT day of OCTOBER 20 08 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGH IJ KLMN OPORSTUV WXYZ *ABCDEFGHIJKLMNOPORSTUVWXYZ *abcdefghijklm nopgrstuvwxyz Subscribed and sworn to before me on sT this 1 day of OCTOBER 20 08 ~ - ---J Notary Public *Alphabet should be in the same size and kind of type as the notice. TONYA R. WHITEHEAD Notary Public-Minnesota RATE INFORMATION ~ Commission Fires Jan 31,2010 (1) Lowest classified rate paid by commercial users for comparable space ...................................... (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter TITLE LEGAL COORDINATOR 1 /08 $24.00 per col. inch $23.25 per col. inch ... $ per col. inch • oRaiiNnrvc~ sue~aRv ORDINANCE N0.80k CITY OF MOUIdbB VIEW . , CAUWTY tom? R4Y S'T'ATE QF; MINNLS'~M`i AN ORDINANCU AAAEfVDINO ~ 'Olt d~ THE M~OUf+IbS 1AEYV t~'TY C1DDE Ulf ADDS A NEW.GHAPTER 611, REIATIf!1~ TO OUigOOR SI+EgAL~.EYEN1'S On September 22,'21108, qte RAtwrxls Vrew City Council adopted an ordinince which created a Harp Chapter 811 of the Munidpal Code which established the proceduros and condittone aseocl8ted with a Spedat Event pettnN for outdoor. events, The defiMtion of a 8Peclsl Event ie as'follows: SPECIAL EVENT; My cotloert, fair, show, festival, oarhivai, relty, party, toumefient, street. dance or other attended outdoor entertainment or celebration that ~s to be geld on publk: or private Property.. An Outdcor Special Event Ifermit wou~ not be required for weddings, wadding: receptions and graduation parties. The ordinance is on file ae#"availabfe for public viewing at tfr1P'ofAce of the Clerk Admlrretrator. Thp ordinance is posted in its entirety on the City'a website, located. of Jamss Erloson; Clerlt,Adtnfnlstrator (Bulletin: Oct. 1.,:2008) ORDINANGE SUMMARY ORDINANCE NO. 808 CITY OF MOUNbS VIEW COUNTY'OF RAMSEY STATE OF MINNES07A AN ORDINANCE AMENDING TITLE 600 OF THE MOUNDS VIEW CITY CODE BY ADDING A NEW CHAPTER 611 RELATING TO OUTDOOR SPECIAL EVENTS On September 22, 2008, the Mounds View City Council adopted an ordinance which created a new Chapter 611 of the Municipal Code which established the procedures and conditions associated with a Speciai Event permk for outdoor.. events. The definition of a Special Event is as follows: SPECIAL EVENT: Any concert, fair, show, festival, carnival, rally, party, tournament, street dance or other attended outdoor entertainment or celebration that is to be held on public or private property. An Outdoor Special Event permit would not be required for weddings, wedding receptions and graduation parties. The ordinance is on file and available for public viewing at the office of the Clark Administrator The ordinance is posted in its entirety on the Crty's website, located at www.ci.mounds- view.mn us. James Ericson, Clerk-Administrator • (Bulletin: Oct. 1, 2008) •