4.4. SR 11-06-2017
Request for Action
To Item Number
Mayor and City Council 4.4
Agenda Section Meeting Date Prepared by
ConsentNovember 6, 2017Jessica Miller, Executive Secretary/Deputy City
Clerk
Item Description Reviewed by
Ordinance Amendment Allowing Staff Approval of Tina Allard, City Clerk
Special Event Permits
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, an ordinance amending Chapter 38, Article XI in order to allow staff approval of
Special Event Permits.
Background/Discussion
Council previously authorized certain ordinance amendments in order to allow certain license approvals
by staff.
This amendment allows for in-house approval of Special Event Permits by staff. If staff denies a license,
an applicant would have an opportunity for a hearing before Council.
Financial Impact
N/A
Attachments
Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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Ordinance 17 -
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An Ordinance Amending Chapter 38, Article XI, Special Events of the City of Elk
River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 38-515, Issuance of permit; conditions of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Except as provided in section 38-516, special event permits will be issued upon city council
approval by the office of the city clerk. Reasonable conditions may be attached to the permit as are
deemed necessary to protect the health, safety and public welfare, provided that such conditions
shall not restrict the right of free speech. Such conditions may include, but are not limited to:
(1) Alteration of the date(s), time(s), route, or location of the proposed special event.
(2) Elimination of an activity at the special event which threatens the public safety and welfare,
or which causes undue liability to the city.
(3) Requirements for the use of garbage containers and the cleanup and restoration of any
public property.
(4) Requirements for appropriate sanitation facilities and the availability of potable water.
(5) Requirements for appropriate traffic control measures including barricades, fencing, traffic
cones, etc.
(6) Requirements for appropriate security and crowd management.
(7) Requirements concerning the accommodation of pedestrian or vehicular traffic, including
restricting the event to only a portion of a street or right-of-way.
(8) Provision of adequate emergency and medical services.
(9) Compliance with all requirements of the most currently adopted state fire code, including
an onsite fire inspection if required by the state fire code.
(10) Anyone operating amusement rides must comply with the requirements of MN Statute
184B regarding carnivals.
(11) Carnivals are allowed seven days to store and set up equipment prior to their special event
and seven days to clean up the site after the conclusion of the special event.
(12) Candy may be handed out at parades but is not allowed to be thrown from moving objects.
(13) Requirements concerning the area of assembly and disbanding of a parade or other events
occurring along a route.
(14) Removal of advertising/promotional materials.
(15) Requirements for appropriate lighting.
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(16) Requirements for the use of city personnel and equipment.
(17) Compliance with animal protection ordinances and laws.
(18) Restrictions on the use of amplified sound and compliance with noise ordinances,
regulations and laws.
(19) Requirements to provide notice of the special event to surrounding property owners.
(20) Restrictions on the sale or consumption of alcohol and compliance with all applicable
liquor license laws.
(21) Applicant must secure all necessary permits from outside agencies such as Mn/DOT or
Sherburne County for road closures.
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SECTION 2.That 38-518Process for denial or revocation of the City of Elk River Code of
Ordinances shall be amended to read as follows:
Failure of any person to comply with any of the ordinances of the city or the laws of the state
shall be grounds for denying or revoking a permit granted under this article. If a permit is denied or
revoked by the Office of the City Clerk council, the city must notify the applicant with the reason(s).
The applicant shall be allowed an opportunity for a hearing before the city council pursuant to
chapter 38, article II of this code.
Any permit issued may be summarily revoked by the city's chief law enforcement officer or fire
chief at any time when, by reason of disaster, public calamity, riot or other emergency, the law
enforcement officer or fire chief determines that the safety of the public or property requires such
revocation.
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SECTION 3.That 38-521Insurance requirements of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) Liability insurance required. The applicant or sponsor of a special event must possess or obtain
liability insurance to protect against loss from liability for damages on account of bodily injury
or property damage arising from the special event. A certificate of insurance must be filed with
the city prior to issuance of any special event permit. The certificate of insurance must name the
city, its officials, employees and agents, as additional insureds. Insurance coverage must be
maintained for the duration of the special event.
(b) Minimum limits. Insurance coverage must be a commercial general liability policy. The minimum
limits must be at least $1,000,000.00. If alcoholic beverages are to be sold or distributed at the
special event, the policy must also include an endorsement for liquor liability per chapter 6 of
this Code. The city council may require additional endorsements depending upon the type of
special event and proposed activities.
(c) Waiver or reduction of required limits. The city may waive or reduce the insurance requirements of
this section under the following circumstances:
(1) The applicant or officer of the sponsoring organization signs a verified statement that it
believes that the special event's purpose is First Amendment expression and that the cost
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of obtaining the insurance is so financially burdensome that it would constitute an
unreasonable burden on the right of First Amendment expression;
(2) The applicant or an officer of the sponsoring organization signs a verified statement that
the insurance coverage required by this section is impossible to obtain; or
(3) The city council Office of the City Clerk determines that the insurance requirements are in
excess of the reasonable risk presented by the proposed special event.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 6th day of November, 2017.
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John J. Dietz, Mayor
ATTEST:
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Tina Allard, City Clerk