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4.6. SR 10-26-1998'ity of River ITEM 4.6. MEMORANDUM TO: FROM: DATE: Mayor and City Council Sandra Peine, City Clerk October 26, 1998 SUBJECT: Amendment to the City Code of Ordinances Pertaining to Block Parties Attached is an ordinance establishing Section 1208 of the City Code of Ordinances pertaining to block parties. The ordinance requires any person desiring hold a block party to make application to the City Clerk for a permit to do so. A block party is defined as a neighborhood social gathering of persons residing in one city block, or two adjacent city blocks, where the street sought to be closed and used for the gathering is completely residential in nature and where the area to be used for the gathering does not cover an area greater than one city block in length. This ordinance was drafted by Attorney Keith Carpenter and reviewed by the Chief of Police. The Police Chief will be present to answer any questions of the Council. ACTION REQUESTED: Council motion to adopt the attached ordinance amendment. \\elkriver\sys\shrdoc\councilXblocpty.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 ORDINANCE 98- AN ORDINANCE OF THE CITY OF ELK RIVER ESTABLISHING SECTION 1208 OF THE CITY CODE OF ORDINANCES The City Council and the City of Elk River does hereby ordain as follows: Section 1. That Section 1208 of the City of E1 River Code of Ordinances shall be established in accordance with the following: SECTION 1208 - BLOCK PARTIES 1208.00 - DEFINITIONS BLOCK PARTY: a neighborhood social gathering of persons residing in one (1) city block or two (2) adjacent city blocks where the street sought to be closed and used for the gathering is completely residential in nature and where the area to be used for the gathering does not cover an area greater than one (1) city block in length. BUS ROUTE: any street used by the metropolitan transit commission buses on a regular and scheduled basis. CITY: the City of Elk River. COUNTY HIGHWAY: any highway under the jurisdiction of the commissioner of transportation of the State of Minnesota and, in addition, shall include any public street within the City of Elk River which is designated as a state aid street. HOLIDAY: the meaning given in Minnesota Statutes, Section 645.44, Subdivision 5. PERSON: any individual, firm, partnership, association, corporation, company, or organization of any kind. 1208.02 - PERMIT REQUIRED No person shall engage in, participate, aid, form, or hold any block party, unless a permit therefor shall have been obtained from the City as herein provided. A block party permit is valid only for the date specified, except that a block party may, because of weather, be postponed to the next day upon the written approval of the Chief of Police or his or her designee. 1208.04 - APPLICATION PROCESS A person seeking issuance of a block party permit shall file an application with the City Clerk on forms provided by such officer. The application shall be submitted at least thirty (30) calendar days prior to the event; 'provided, however, that the time limit may be waived by the Chief of Police in his or her discretion upon a determination of hardship to the applicant and no adverse effect on public health, safety, or welfare. The application shall be referred to the Chief of Police who shall examine the application and shall approve the same unless he finds that the application fails to meet the applicable requirements contained in section 1208.06 or 1208.10 or is there is a basis for denying the application under section 1208.08. If the Chief of Police approves the application, the City Clerk shall issue the permit. Upon issuance of the block party permit, the City Clerk shall immediately so advise the Chief of Police and the Chief of the Fire Department. 1208.06 - CONDITIONS OF APPLICATION An application for a block party shall be executed by the applicant, or applicants, who shall each therein certify: t. The applicant's residence abuts the portion of the street wherein the party is to be held. 2. That a good-faith attempt has been made to deliver to each residence or building management or tenants association abutting such portion of the street a notice containing the following information: Ao Do A description of the party; The date and hours of the party; The name, address, and phone number of the sponsor; and, That anyone objecting to the block party may petition the City Council for a hearing to protest the issuance of a permit for such party. 3. The application must be accompanied by a petition containing signatures representing sixty (60) percent of the households on the block abutting the street approving the party. 4. The applicant agrees to defend and hold the City harmless from all claims, demands, actions, or causes of actions, of whatsoever nature or character, arising out of or by reason of conduct of the block party authorized by such permit, including attorney fees and all expenses. 5. The applicant will indemnify the City for all damages that may result to city property, including any portion of such street as a result of the block party. 6. The applicant will, without expense to the City, immediately clean up, remove and dispose of all litter or material of any kind associated with the party which is placed or left on the street or sidewalk of the block on which the party is held; and also on any of the immediately adjacent blocks. If the applicant neglects or fails to clean up within the three hour period immediately following the end of the block party, or if the clean up is done in an inadequate manner, the City is authorized to do the clean up and the applicant shall be charged for said cost. 7. The applicant will maintain adult supervision of such block party at all times. 8. The applicant shall be responsible for the placement, maintenance, and removal of barricades, which shall be provided free of charge by the City at the Police Department. The barricades must be returned to the Police Department the next business day following the date of the block party. 9. The applicant agrees not to use loud speaker systems which are audible beyond the block designated for the party. 1208.08 - BASIS FOR DENIAL An application for a block party permit may be denied only if: 1. The application does not comply with the application requirements of this chapter; 2. The place where the block party is to be held if considered a major thoroughfare generally including snow emergency routes, arterial streets, state and county highways, bus routes, and streets controlled by semaphores unless traffic flow can be reasonably accommodated on adjacent streets; 3. The place where the block party is to be held is under construction or is scheduled to be under construction on the date the block party is to be held; 4. The place where the block party is to be held is partially barricaded because of construction on the abutting property and the construction interferes with normal traffic flow or is a safety hazard or if the location is on a detour route for either a construction project or other scheduled event such as a race, parade, etc.; 5. The place where the block party is to be held is in such close proximity to a hospital or fire station as to unduly interfere with the quietude of patients, or the movement of ambulances or fire-fighting equipment; 6. The applicant has within the previous eighteen (18) months violated the provisions of this chapter; 7. The block party would conflict with a prior scheduled event within four (4) blocks so as to substantially interrupt the safe and orderly movement of traffic; 8. The block party would interfere with emergency activities or maintenance operations such as snow removal or street sweeping; 9. There is a clear and convincing showing by an abutting business that such block party would create an undue financial hardship upon it; 10. There have been three (3) or more prior block parties on such block within the calendar year; 1t. The block party is scheduled to take place within one block of a polling place during the hours of voting; 12. The block party would constitute ~ commercial promotion or activity; 13. There has been a total of at least three (3) incidents, in two (2) prior consecutive block parties, as shown by the preponderance of the evidence, held within five (5) years prior to the date of the proposed block party by the applicant, involving any of the following, as defined by state law and/or city ordinance: Zo Assault of indecent or disorderly conduct; The illegal sale or distribution of alcoholic beverages; The illegal sale or distribution of food; A violation pertaining to noise, including the failure to obtain a permit for the use of sound amplifying equipment; or, A violation of any provision of this chapter. 1208.10 - TIME AND PLACE Subject to the provisions of section 1208.06 and 1208.08, a block party may be permitted, provided: 1. That the block party, including set up time, is held only between the hours of 10:00 a.m. and one-half hour before sunset; 2. That the block party is contained on one or more contiguous blocks on the same street. Closure of multiple contiguous blocks will only be granted when the Chief of Police determines that the closure will have no adverse effects on the safe function of the roadway; 3. That the block party is not held on any street designated as a bus route, snow emergency route, arterial street, or as a state or county highway unless traffic flow can be reasonably accommodated on adjacent streets; 4. That at least a ten foot aisle is kept unobstructed at all times to permit vehicles to enter or exit. 1208.12 - REVOCATION OF PERMIT A block party permit may be revoked for any violation of this chapter or in the event of an emergency constituting an imminent threat to life or property. Whenever any block party shall be of a nature or conducted in a manner substantially different from that indicated n the application therefor, such block party shall be in violation of this chapter and any permit pursuant to which it is purportedly conducted shall be deemed to be automatically revoked. 1208.14 - VIOLATION; PENALTY Any person who violates any provision of this chapter or who violates any condition or requirement of a permit issued pursuant to this chapter shall be guilty of a misdemeanor. Section 2. That this ordinance is effective upon approval by the City Council and pubhcation as required by law. ATTEST: Henry A. Duitsman, Mayor Sandra A. Peine, City Clerk \\elkriver \sys\shr doc\document\or dinanc\blockpty.doc APPLICATION FOR BLOCK PARTY CITY OF ELK RIVER Date: The following applications is herewith submitted to the City o£ Elk River as a request to hold a block party on a public right-of-way. Name of Applicant: ( please print) Applicant's Address: Phone: Specific Location of Block Party (clearly identify what portion of the street is to be barricaded): (street) Date of Activity: NOTE: between and (cross street) (cross street) Time: From to NO PERMITS WILL BE ISSUED FOR BLOCK PARTIES LASTING AFTER ONE- HALF HOUR BEFORE SUNSET o o PROVISIONS Applications shall be submitted to the City Clerk on forms provided and shall contain the name and other pertinent information of the adult person(s) responsible for the party, together with signatures of at least sixty (60) percent of the adult residents of the affected block. No permit shall be issued which does not contain the above required number of signatures. Block parties shall be restricted to residents of the affected block and their invited guests. The applicant must make a good-faith attempt to deliver to each residence or building management or tenants association abutting such portion of the street a notice containing the following information: (a) (b) (c) (d) A description of the party; The date and hours of the party; The name, address and phone number of the sponsor; and That anyone objecting to the block party may petition the City Council for a hearing to protest the issuance of a permit for such party. The Police Chief shall provide barricades at the Police Department to be placed at the block ends designated, which shall be removed from the street not later than o o 10. 11. 12. 13. 14. one-half hour before sunset. The applicant shall be responsible for the placement, maintenance and removal of such barricades. Barricades shall be placed in such a manner that emergency vehicles may drive around them. In any event a lane of at least 10' width shall be free of structures or equipment and shall run in a straight line through the barricaded area. The applicant shall be responsible for returning the barricades to the Police Department during the next business day following the block party. The applicant will maintain adult supervision of the block party at all times. The applicant shall be responsible for cleaning up the street right-of-way after the party and such clean up shall be completed prior to noon of the day after the above activity date. The applicant shall be responsible for any damages to the street and/or the right-of-way. No loud speaker systems shall be used which are audible beyond the block designated for the party. Residents and guests shall be compliant with public peace statutes and ordinances. All activities of the block party will be conducted on low volume residential streets, dead-end streets or cul-de-sacs, and no thoroughfare or collector streets will be utilized for such activities. No block parties are to be held on any street designated as a bus route, snow emergency route, arterial street, or as a state or county highway unless traffic flow can be reasonably accommodated on adjacent streets. The applicant(s) agree(s) to indemnify and hold harmless the City of Elk River, its agents and employees from any and all claims, demands, actions or cause of action of whatsoever nature of character arising out of or by reason of, the conduct of the block party in any respect, including, but not limited to, costs, attorney's fees, expenses, etc., incurred in connection with the defense or settlement of any claims for injuries or damage resulting from or connected with the block party. No fee shall be charged for said permit. The Police Department is hereby authorized and directed to terminate any block party which does not comply with the above regulations, or which may become a public nuisance or unlawful assembly. No permits shall be issued to any applicant or in any block which has previously had a party terminated by police action within the previous eighteen (18) months. If alcoholic beverages are dispensed, sponsors may be subject to Dram Shop Liability as well as criminal penalties if under-aged persons are consuming or possessing such beverages. I hereby state that I will agree to abide by the provisions contained in this application: Signed: Printed Name: RESIDENTS APPLYING OR CONSENTING TO APPLICATION (60% of the adult residents of the affected block) Attach extra sheets as needed Name Address OFFICE USE ONLY Checked by Police Dept. Reviewed by Fire Dept. c/c to City Administrator (officer) (officer) (check) APPROVED BY POLICE CHIEF Date: \\elkriver\sys\shrdoc\forms\blockapl.doc