Loading...
ORD 17-23Ordinance 17 - 9, Striked�eugks to be removed Underlines to be added 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 g 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 eity- eetine approval by the office of the c47 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. rorerE' rr �IATIJRE Stiketkteugbs to be removed Underlines to be added (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. SECTION 2. That § 38-518, Process 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 eotrxeil, 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. SECTION 3. That § 38-521, Insurance 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 eanrieil-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 ►OttRII Ir IF�iATURE Strikedxexghs to be removed Underlines to be added 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 eity-eaurxil-Office of the CLty_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. ,��ALV J& J. Dtetz, 1\ or ATTEST: Tina Allard, City Clerk IOWEAFI BI NATURE AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: - . "'... 1.1 (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 11/11/2017 and the last insertion being on 11/11/2017. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the- publication- of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: t(J����-Ql -A--r1 Designated Agent Subscribed and sworn to or affirmed before me on 11/11/2017 by Darl ne MacPherson. I � Not ry ublic JWARY ELIZABETH KNAPP Notary Public -Minnesota cammlason Expires Jen 31,2018 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 753891 CITY OF ELK RIVER ORDINANCE 17 - 23 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, Is- suance of pemtit; conditions of the City of Elk River Code of Ordinanc- es rdinanoes shall be amended to read as follows: Except as provided in section 38-516, special event permits will be issued upon 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 pub- lic welfare, Provided that such con- ditions shall not restrict the right of free speech. Such conditions may include, but are not limited to: (1) Alteration of the Cartels), time(s), mute, 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 clean- up and restoration of any public Property. (4) Requirements for appropriate sanitation facilities and the avail- ability of potable water. (5) Requirements for apprepriate traffic control measures including barricades, fencing, traffic cones, etc. (6) Requirements for appropriate security and crowd management. (/) Requirements concerning the accommodation of pedestrian or vehicular traffic, including restrict- ing the event to only a Portion of a street or right-of-way. (8) Provision of adequate emer- gency and medical services. (9) Compliance with all require - mems of me most currently ad- opted state fire code, including an onsite fire inspection if required by the state fire code. (10) Anyone operating amuse- ment rides must comply with the requirements of MN Statute 16413 regarding carnivals. (11) Carnivals are allowed seven days to store and set up equipment prior to their special event and sev- en 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 :he area of assembly and disband - ng of a parade or other events oc- -timing along a mute. (14) Removal of advertising/pro- notional materials. (15) Requirements for appropri- de lighting. (16) Requirements for the use of :ity personnel and equipment. (17) Compliance with animal aotection ordinances and laws. (18) Restrictions on the use of lmplified sound and compliance vith noise ordinances, regulations Lod laws. (19) Requirements to provide iotice of the special event to sur- rounding property owners. (20) Restrictions on the sale or consumption of alcohol and com- pliance with all applicable liquor license laws. (21) Applicant must secure all necessary permits from outside agencies such as Mn/DOT or Sher- burne County for road closures. SECTION 2. That § 38-518, Process for denial or revocation of the City of Elk River Code of Ordi- nances 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, the city must notify the applicant with the mason(s). The applicant shalf be al- lowed an opportunity for a hearing before the city council pursuant to chapter 38, article II of this code. Any permit issued may be sum- marily revoked by the city's chief law enforcement officer or fire chief at any time when, by reason of di- saster, public calamity, dot or other emergency, the law enforcement officer or fire chief determines that the safety of the public or property requires such revocation. SECTION 3. That § 38-521, In- surance requirements of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Liabilityinsurance required. The applicant or sponsor of a spe- cial event must possess or obtain liability insurance to protect against loss from liability for damages on account of bodily injury or proper- ty Carnage arising from the special event. A certificate of insurance must be filed with the city prior to issuance of any special event per- mit. The ceri'rficate of insurance must name the city, its officials, employees and agents, as addi- tional insureds. Insurance coverage must be maintained for the duration of the special event. (b) Minimum limits. Insurance coverage must be a commer- cial general liability policy. The minimum limits must be at least $1,000,000.00. If alcoholic bever- ages 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 may require addi- tional endorsements depending upon the type of special event and proposed activities. (c) Waiver or reduction of re- quired 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 of obtaining the insur- ance is so financially burdensome that it would constitute an unrea- sonable burden on the right of First Amendment expression; (2) The applicant or an officer of the sponsoring organization signs a verified statement that the in- surance coverage required by this section is impossible to obtain; or (3) The Office of the City Clerk determines that the insurance re- quirements 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. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News November 11, 2017 753891