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HomeMy WebLinkAbout2009.12.09 ORD 2009-437ORDINANCE 2009-437 AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.2 SPECIAL EVENT PERMITS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90, Article II, to add section 90-37.2 SPECIAL EVENT PERMITS state the following: 90-37.2 Special Event Permits Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures, offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. (a) Purpose and Intent. Provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Protect nearby property owners, residents, and businesses from special events that may be disruptive, obnoxious, unsafe or inappropriate given the site conditions, traffic patterns, land use characteristics and the nature of the proposed event. Preserve the public health, safety, and welfare of the community. (b) Special Event Application Process: All permits shall be applied for at least 30 days prior to the event. (1) Applicant name, address, phone number; (2) Date of proposed Special Event; (3) Address of proposed Special Event; (4) Name of property owner, if different from applicant; (5) The fees established by the adopted fee schedule. (6) Type and description of the Special Event and a list of all activities to take place at the Special Event; (7) Estimated number of persons to attend; (8) Duration of the Special Event, including beginning and ending times; (9) Any public health plans, including supplying water to the site, solid waste collection and provision of toilet facilities, if applicable; Ordinance 2009437 Event Permits Page 2 of 5 (10) Any fire prevention and emergency medical services plans, if applicable; (11) Any security plans, if applicable; (12) The admission fee, donation or other consideration to be charged or requested for admission, if applicable; (13) Whether food or alcohol will be served or sold at the event; (14) A detailed description of all public rights-of-way and private streets for which the applicant requests the city to restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns, the nature of such restrictions or alterations, and the basis; (15) A description of any services, city personnel, city equipment and city property which the applicant requests the city to provide, including the applicant's estimate of the number and type needed, and the basis on which the estimate is made; (16) Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments; (17) A statement signed by the applicant either agreeing to pay all fees and meet all other requirements of this section, or representing to the city that the applicant is duly authorized to make such agreement on behalf of the person or organization holding or sponsoring the Special Event; (18) Applicant signature and property owner's signature, if different from applicant; and (19) Any other information requested by the City deemed reasonably necessary in order to determine the nature of the Special Event and the extent of any Special Services required. (20) The applicant shall sign a hold harmless agreement for the City for any accidents or damages caused by the event. (c) Special Events not requiring Special Event Permits (1) Sales, promotional activities or fund-raising events that take place entirely within a building that is properly zoned for the use do not require a special event permit. (2) Wedding ceremonies and receptions, funeral ceremonies and funeral processions or other similar events. Ordinance 2009-437 Event Permits Page 3 of 5 (3) Any event that is otherwise regulated by the city through the use of another regulatory manner, such as an interim use permit or conditional use permit. (4) 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. (5) Approved activities on a City Park. (d) Special Events Subject to Administrative Approval (1) Upon receipt of an application the Community Development Director or designee shall review the application. If it is deemed that the event is minor in nature and does not fall under any of the items under (e) in this section the application can be administratively approved. The Community Development Director has the right to forward any special event permit application to the City Council. No more than two special events on a property per calendar year shall be administratively approved. (e) Special Events Subject to City Council Approval (1) Any event that serves alcohol. (2) Any event that expects over 200 people in attendance. (3) Any event that will include live or amplified music or sound (4) Any event that will extend after dusk. (5) Any event proposed in the same calendar year as two preceding events on the same property. (f) Conditions imposed. The City may place restrictions, conditions and requirements on a special event permit to protect the health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. (g) Basis for denial. In order to recommend denial of a special event permit, the City must find that the proposed use will meet one or more of the conditions found below: (1) The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail (2) The applicant fails to supplement the application after having been notified by the city of additional information or documents needed Ordinance 2009-437 Event Permits Page 4 of 5 (3) The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event permit, including payment of all costs and expenses (4) The Special Event would substantially or unnecessarily interfere with the normal daily operations of the City, cause traffic congestion, or would interfere with access to businesses or residences in the immediate vicinity of the event and there are not sufficient city resources available at the time of the event to mitigate the disruption (5) 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 (6) The Special Event would likely endanger the public safety or health, create or constitute a public nuisance, cause significant damage to public property or facilities, or would engage in or encourage participants to engage in illegal acts (7) The applicant, responsible party or the person on whose behalf the application is submitted has on prior occasions made material misrepresentations regarding the nature and extent of Special Services required for a Special Event in the city, or has violated the terms of a prior Special Event permit. (h) Expiration. A special event permit shall expire at the expiration date established by the City Council or City staff at the time of approval. (i) Suspension and Revocation. (1) At any time the City may suspend or revoke the special event permit upon failure of the permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety, or welfare. 0) Issuance of permit. The Community Development Director or designee shall, within ten days of City Council approval of any special event permit, provide one copy of the completed permit to the applicant and the City Clerk. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. 4 Ordinance 2009-437 Event Permits Page 5 of 5 Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON DECEMBER 7, 2008 /a�x Fg&Kh6n, Mayor ATTEST: V _ Mic ele Lindau, City Clerk 5 SUMMARY ORDINANCE 2009-435,436 & 437 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.1 INTERIM USE PERMITS AND AMENDING CHAPTER 58 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, ARTICLES I AND II, TO AMEND SECTIONS 58-1 to 58-6 and 58-31 to 58-41 AND AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.2 SPECIAL EVENT PERMITS to add the following: SUMMARY OF ORDINANCES: CHAPTER 90 Sec. 90-37.1 Interim use permits. (a) Allows uses under certain conditions that would otherwise not be allowed under the zoning regulations, but because of its temporary nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses. (b) States that the City Council may authorize interim uses of property by issuance of Interim Use Permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be authorized. (c) Outlines standards for an interim use permit since it is temporary in nature. (d) Outlines standards for the application process, which are the same requirements as applying for a conditional use permit. (e) Outlines the procedures for the public hearing process to be forwarded to the Planning Commission. (f) Provides findings in order to recommend approval of an Interim Use Permit; the commission must find that all of the criteria are met. These items include but are not limited to, the use will not delay the permanent development of the site or prevent the orderly development of surrounding sites and the use will not adversely impact implementation of the Comprehensive Plan. (g) Provides provisions that the City Council can impose conditions to the Interim Use Permit. (h) Provides provisions for the basis of denial of the interim use permit if all the criteria under section (f) are not met. Summary Ordinance 2009-435, 436 & 437 Page 2 of 4 (i) Provides provisions for suspension and revocation of an interim use permit. These items included but are not limited to failure of the interim use, or the Interim Use Permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions 0) Provides provisions for the issuance of the interim use permit. CHAPTER 58 ARTICLE I. IN GENERAL Section 58-1. Provides definitions for canvassers, peddlers, solicitors, and transient merchants were created. Sec. 58-2. States that any person or organization that violates any provision of this chapter is guilty of a petty misdemeanor. Sec. 58-3. Provides provisions that certain activities that are exempt from this chapter. The exemptions include but are not limited to, sales of goods, merchandise or services to businesses, commercial, or industrial users at their usual place of business, sidewalk sales related to the adjoining business, and sale of admissions by local school students to a school function or by local bona fide civic or nonprofit organizations for entertainment functions sponsored by such organizations. Sec. 58-4. Outlines prohibited practices for peddlers, solicitors, and transient merchants I one of the items are done is a violation of this chapter. Sec. 58-5. Provides provisions for the use of streets. Sec. 58-6. Provides a provision that permission from a property owner is required. ARTICLE II. PERMIT Sec. 58-31. States that any activities as described in section 58-1 within the city shall have a permit if required by state statute. Sec. 58-32. Provides provisions under this sections that need to be submitted in order for an application to be considered complete. These items include but are not limited to name, address, and copy of license or identification. Sec. 58-33. Provides provisions of issuance of a permit. Sec. 58-34. Outlines grounds for denying a peddler, solicitor or transient merchant license: Sec. 58-35. States that the fees established by the fee schedule should be paid with the application. 2 Summary Ordinance 2009435, 436 & 437 Page 3 of 4 Sec. 58-36. Provides fee exemptions for bona fide charitable, religious, civic, educational, or political organization provided the proceeds of any sale or solicitation are being used for the legitimate purpose of such organization. Sec. 58-37. Provides the provisions that permits are not transferable or refundable. Sec. 58-38. Provides the provision that a permit shall be carried at all times. Sec. 58-39. States that all permits issued under the provisions of this article shall expire at midnight on the date specified on the permit. All permits are issued for a maximum of 30 days/ Sec. 58-40. Permits used under the provisions of this chapter may be revoked by the council of the city after notice and hearing for any of criteria outlined in this section. Sec. 58-41. Provides provisions for the reapplication process. CHAPTER 90 90-37.2 Special Event Permits. (a) Provides the purpose and intent of the ordinance. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. (b) Outlines the items that shall be submitted in order for an application to be considered complete. (c) Outlines special events that do not require a special event permit. These items include but are not limited to Sales, promotional activities or fund-raising events that take place entirely within a building that is properly zoned for the use do not require a special event permit or any event that is otherwise regulated by the city through the use of another regulatory manner, such as an interim use permit or conditional use permit. (d) Provides provisions for events that are subject to administrative approval. If it is deemed that the event is minor in nature and does not fall under any of the items under (e) in this section the application can be administratively approved. (e) Outlines items that would prompt the staff to forward the application to the City Council for approval. These items include but are not limited to, any event that serves alcohol, events that expect over 200 people in attendance and events that will include live or amplified music or sound. (f) Provides provisions that the City Council can impose conditions on the permit. (g) Provides provisions for the basis of denial of a permit. (h) Provides provisions for expiration of a permit. 3 Summary Ordinance 2009-435, 436 & 437 Page 4 of 4 (i) Provides provisions suspension and revocation of a permit 0) Provides provisions issuance of permit.. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 21 st day of December, 2009. Attest: Michele Lindau, City Clerk 4 AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 a 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO: WASHINGTONCOUNTY SUMMARYORDINANCE 2009-435, 436 AND 437 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 6th day of January 2010; 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: abcdefghijklmnopgrstuvwxyz X Z D SIGNAT Title Publisher O"ATIEL NEUMAN-LINDSTROM Notary Public -Minnesota y Comm. Expires Jan. 31, 2013 SUBSCRIBED AND SWORN TO BEFORE ME ON THE 20DAY OF _April_, 2010_ NOTARY SIGNATURE: RATE INFORMATION: $9.30/INCH CITY OF HUGO WASHINGTON COUNTY SUMMARY ORDINANCE 2009-435, 436 & 437 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: AN ORDINANCE AMENDING CHAPTER 90, ARTICLE II, TO ADD SEC- TION 90-37.1 INTERIM USE PERMITS AND AMENDING CHAPTER 58 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, ARTICLES I AND II, TO AMEND SECTIONS 58-1 to 58-6 and 58-31 to 58-41 AND AMENDING CHAPTER 90, ARTICLE II, TO ADD SECTION 90-37.2 SPE- CIAL EVENT PERMITS to add the following: SUMMARY OF ORDINANCES: CHAPTER 90 Sec. 90-37.1 Interim use permits. (a) Allows uses under certain conditions that would otherwise not be al- lowed under the zoning regulations, but because of its temporary, nature may be acceptable. Interim use permits establish a framework for the regulation of temporary land uses. (b) States that the City Council may authorize interim uses of property by issuance of Interim Use Permits. Interim uses that are not consistent with the land use designated on the adopted land use plan may be au- thorized. (c) Outlines standards for an interim use permit since it is temporary in nature. (d) Outlines standards for the application process, which are the same requirements as applying for a conditional use permit. (e) Outlines the procedures for the public hearing process to be for- warded to the Planning Commission. (f) Provides findings in order to recommend approval of an Interim Use Permit; the commission must find that all of the criteria are met. These items include but are not limited to, the use will not delay the permanent development of the site or prevent the orderly development of surround- ing sites and the use will not adversely impact implementation of the Comprehensive Plan. (g) Provides provisions that the City Council can impose conditions to the Interim Use Permit. (h) Provides provisions for the basis of denial of the interim use permit if all the criteria under section (f) are not met. (i) Provides provisions for suspension and revocation of an interim use permit. These items included but are not limited to failure of the interim use, or the Interim Use Permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions 6) Provides provisions for the issuance of the interim use permit CHAPTER 68 ARTICLE I. IN GENERAL Section 58-1. Provides definitions for canvassers, peddlers, solicitors, and transient merchants were created. Sec. 58-2. States that any person or organization that violates any provi- sion of this chapter is guilty of a petty misdemeanor. people in attendance and events that will include live or amplified music or sound. (f) Provides provisions that the City Council can impose conditions on the permit. (g) Provides provisions for the basis of denial of a permit. (h) Provides provisions for expiration of a permit. (i) Provides provisions suspension and revocation of a permit 0) Provides provisions issuance of permit.. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is pub- lished. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 21 st day of December, 2009. APPROVED: Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on January 6, 2010. Sec. 58-3. Provides provisions that certain activities that are exempt from this chapter. The exemptions include but are not limited to, sales of goods, merchandise or services to businesses, commercial, or indus- trial users at their usual place of business, sidewalk sales related to the adjoining business, and sale of admissions by local school students to a school function or by local bona fide civic or nonprofit organizations for entertainment functions sponsored by such organizations. Sec. 58-4. Outlines prohibited practices for peddlers, solicitors, and transient merchants I one of the items are done is a violation of this chap- ter. Sec. 58-5. Provides provisions for the use of streets. Sec. 58-6. Provides a provision that permission from a property owner is required. ARTICLE II. PERMIT Sec. 58-31. States that any activities as described in section 58-1 within the city shall have a permit if required by state statute. Sec. 5'P-32. Provides provisions under this sections that need to be submitted in order for an application to be considered complete. These items include but are not limited to name, address, and copy of license or identification. Sec. 513-33. Provides provisions of issuance of a permit. Sec. 58-34. Outlines grounds for denying a peddler, solicitor or transient merchant license: Sec. 58-35. States that the fees established by the fee schedule should be paid with the application. Sec. 58-36. Provides fee exemptions for bona fide charitable, religious, civic, educational, or political organization provided the proceeds of any sale or, solicitation are being used for the legitimate purpose of such or- ganization. Sec. -58-37. Provides the provisions that permits are not transferable or refundable. Sec. 58-38. Provides the provision that a permit shall be carried at all times. Sec. 58-39. States that all permits issued under the provisions of this article shall expire at midnight on the date specified on the permit. All permits are issued for a maximum of 30 days/ Sec. 58-40. Permits used under the provisions of this chapter may be revoked by the council of the city after notice and hearing for any of cri- teria outlined in this section. Sec. 58-41. Provides provisions for the reapplication process. CHAPTER 90 90-37 Special Event Permits. (a)rovides the purpose and intent of the ordinance. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. (b) Outlines the items that shall be submitted in order for an applica- tion to be considered complete. (c) Outlines special events that do not require a Special event permit. These items include but are not limited to Sales, promotional activities or fund-raising events that take place entirely within a building that is prop- erly zoned for the use do not require a special event permit or any event that is otherwise regulated by the city through the use of another regula- tory manner, such as an interim use permit or conditional use permit. (d) �rovides provisions for events that are subject to administrative approval. If it is deemed that the event is minor in nature and does not fall under any of the items under, (e) in this section the application can be administratively approved. (e) Outlines items that would prompt the staff to forward the applica- tion to the City Council for approval. These items include but are not limited to, any event that serves alcohol, events that expect over 200