6.1. SR 03-02-2009.^~/
City of
Elk -,-~
River
REQUEST FOR ACTION
To Item Number
Ci Council 6.1.
Agenda Section Meeting Date Prepared by
Administration March 2, 2009 Tina Allard, Ci Clerk
Item Description Reviewed by
Review Special Events Ordinance Lori ohnson, Ci Administrator
A. Consider Adopting Ordinance Reviewed by
B. Consider Resolution for Summary Publication All Department Heads and
Peter Beck, Ci Attorne
Action Requested
Two Council Motions
1. Motion to adopt the attached Special Events ordinance
2. Motion to adopt resolution for summary publication of the ordinance
Background/Discussion
Direction is needed fox staff and residents regarding the processing of special events held in the city.
Some examples of events include: ArtSoup, parades, downtown business requests for street closures, and
block parties.
Staff would like to consider an ordinance for some of the following reasons:
1. Clear direction on who the applicant should contact within the city and the type of information
that should be provided to understand the needs of their event.
2. Direction on which staff should be involved with making recommendations on applications.
3. Understanding of the fees to charge in order to cover expenses incurred by the city.
4. Notification to property owners for events that need street closures so there is awareness of
access issues.
5. When and what type of liability coverage is needed.
6. Improve communication to Council regarding details of an event.
7. Address public safety concerns.
Financial Impact
Staff would like to add a tiered application fee to the fee schedule ordinance if the special event ordinance
is approved. This would come back to Council as a public hearing item at a future meeting. Suggested
fees are:
S:\Administration\Council RCA\Licensing\Special Event\Ordinance Adoption.doc
$25 application fee for events not requiring any additional city services
$50 application fee for events requiring additional city services along with a deposit to cover those
additional services.
The application fees would be related to processing the application by administrative staff with making
sure the application is complete, insurance requirements are met, coordination of staff approvals, and
preparation for Council review. The deposit would cover expenses related to police, fire, waste, and traffic
management services.
There hasn't been a consistent mechanism in place to address whether city costs are being covered.
Section 38-518 (page 5) specifies that the Finance Department provides the needed support in this area.
Attachments
^ Special Event Ordinance
^ Resolution for summary publication of the special event ordinance.
Action Motion by Second by Vote
Follow Up
S:\Administration\Council RCA\Licensing\Speaal Event\Ordinance Adoption.doc
ORDINANCE 09- _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
ARTICLE XI, OF THE ELK RIVER CITY CODE OF ORDINANCES TO
ADD NEW SECTION 38 DEFINING AND REGULATING
SPECIAL EVENTS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Article XI of the Ciry of Elk River Code of Ordinances is hereby amended to add
new Section 38 thereto, to read as follows:
38-510 Purpose and Findings
The purpose of this chapter is to protect the health, safety and welfare of the citizens of this city by
regulating the time, place and manner of Special Events as defined herein, and by establishing permit
requirements and other regulations fox conducting special events. The Ciry Council finds that special
events often exceed the city's capacity to provide usual city services. These city services include, but are
not limited to, sanitary facilities, fire, police and utility services. The City Council also finds this ordinance
necessary to ensure that such events are conducted with sufficient consideration given to public safety
issues including, among other things, the impact of these events on parking and traffic management within
the city.
38-511 Definitions
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
Person: A natural person, association, organization, club or group formed for a common purpose, a
partnership of any kind, limited liability company, corporation or any other legal entity.
Special Event An outdoor gathering, whether on public or private property, open to the public where at
least 50 individuals are expected to, or do, assemble with a common purpose for a period of one hour or
longer. Special Events include, but are not limited to, concerts, fairs, carnivals, circuses, parades, flea
markets, marathons, wa]kathons, festivals, races, bicycle events, celebrations, or any other gathering or
events of similar nature. Special Events do not include private, noncommercial events such as graduation
parties or social parties.
38-512 Permit Required
No person shall hold, conduct, or participate in a Special Event within the city unless a permit has been
issued for such Special Event upon timely application as required by this ordinance.
38-513 Application
Application must be made at least 60 days in advance of the proposed date of the Special Event. This
application period shall not begin to run until a complete application has been filed with the city. The
application for the required permit shall be made to the city clerk by filing the permit fee, any deposit
required to cover estimated costs to be incurred by the City for the Special Event, and by completing an
application form provided by the city clerk. In addition to such additional information as the city clerk may
require, the application shall include:
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a) Type and description of the Special Event and a list of all activities to take place at the
Special Event.
b) Name of the sponsoring entity, contact person, address, and phone number.
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 map of the proposed area to be used
which shows any barricades, street route plans or perimeter/security fencing.
e) Estimated number of Special Event staff, participants, and spectators.
fl Any public health plans, including supplying water to the site, solid waste collection and
provision of toilet facilities.
g) Any fire prevention and emergency medical service plans.
h) Any security plans.
i) The admission fee, donation or other consideration to be charged or requested for
admission to the Special Event, if any.
j) Whether food or alcohol is to be served or sold at the Special Event.
k) Signature of the applicant.
1) If the Special Event will be in a residential area and one or more streets are proposed to be
closed, the applicant must collect and submit with the application signatures of or on
behalf of the owners or occupants of all properties whose vehicular access to their
properties will be blocked, consenting to the street closure.
38-514 Issuance of Permit, Conditions
Except as provided in Section 38-515, Special Event permits will be issued upon City Council approval.
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:
(a) Alteration of the date(s), time(s), route, or location of the proposed Special Event.
(b) Elimination of an activity at the Special Event which threatens the public safety and
welfare, or which causes undue liability to the City.
(c) Requirements for the use of garbage containers and the cleanup and restoration of any
public property.
(d) Requirements for appropriate sanitation facilities and the availability of potable water.
(e) Requirements for appropriate traffic control measures including barricades, fencing, traffic
cones, etc.
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(~ Requirements for appropriate security and crowd management.
(g) Requirements concerning the accommodation of pedestrian or vehicular traffic, including
restricting the event to only a portion of a street or right-of--way.
(h) Provision of adequate emergency and medical services.
(i) Compliance with all requirements of the most currently adopted State Fire Code, including
an onsite fire inspection if required by the State Fire Code.
(j) Anyone operating amusement rides must comply with the requirements of MN Statute
184B regarding carnivals.
(k) Carnivals are allowed 7 days to store and set up equipment prior to their Special Event and
7 days to clean up the site after the conclusion of the special Event.
(1) Candy may be handed out at parades but is not allowed to be thrown from moving objects.
(m) Requirements concerning the area of assembly and disbanding of a parade or other events
occurring along a route.
(n) Removal of advertising/promotional materials.
(o) Requirements for appropriate lighting.
(p) Requirements for the use of City personnel and equipment.
(q) Compliance with animal protection ordinances and laws.
(r) Restrictions on the use of amplified sound and compliance with noise ordinances,
regulations and laws.
(s) Requirements to provide notice of the Special Event to surrounding property owners.
(t) Restrictions on the sale or consumption of alcohol and compliance with all applicable
liquor license laws.
(u) Applicant must secure all necessary permits from outside agencies such as Mn/DOT or
Sherburne County for road closures.
38-515 Exceptions
(a) The requirement for a Special Event Permit does not apply to the following:
1. Special events sponsored and managed by the city.
2. Special Events held on School District property.
3. Neighborhood block parties held in connection with National Night Out.
4. Neighborhood block parties where no streets are proposed to be closed.
5. Funerals and funeral processions.
6. Regularly established assembly events on the grounds of any school, playground, city or
county park, place of worship, hotel conference center, stadium, athletic field,
arena, auditorium or similar place of assembly.
Page 3 S:\Administration\Licenses\Special Events\Final Draft Ordinance.DOC
(b) Neighborhood block parties which are not excepted by (a) above shall require the issurance
of a Special Event Permit, subject to the following:
1. Permits for block parties where only one block is proposed to be closed may be issued
by City staff unless staff refers the application to the City Council.
2. No indemnification or insurance shall be required for neighborhood block parties,
unless staff or City Council determines that unique circumstances require that
indemnification or insurance should be required.
38-516 Grounds for Denial or Revocation
All permit applications under this division shall be made to the city clerk and referred to the chief of police
and such other municipal departments or offices as the city clerk deems necessary for verification and
investigation of the facts set forth in the application. The chief of police and other department heads or
officers consulted shall submit their reports and recommendations to the city clerk.
The staff and/or council shall have the discretion to consider, in granting, denying or revoking a permit,
any reasonable facts or circumstances relating to public health, safety and welfare including, but not limited
to, the following:
(a) The location of the Special Event would cause undue hardship fox adjacent businesses or
residents.
(b) Special Event permit application has already been approved to hold another Special Event
at the same time requested by the applicant or so close in time as to cause undue traffic
congestion, or to create a situation where the City is unable to meet the needs to provide
for law enforcement and other City services for both Special Events.
(c) The Special Event is of a size or nature that requires the diversion of too many law
enforcement officers to properly police the event site and contiguous areas, and/or that
allowing the Special Event would unreasonably deny law enforcement protection to the
remainder of the City and its residents.
(d) The time, route, hours, location or size of the Special Event could cause a threat to public
safety, interference with normal traffic flow, congestion, or inconvenience to the public.
(e) The location of the Special Event will interfere with a construction or maintenance work
scheduled to take place upon or along public property or right-of--way.
(f) Failure to provide a completed application, any fees, or providing false or misleading
information.
(g) The applicant fails to comply with the liability insurance requirements or the applicant's
insurance lapses or is canceled.
(h) The applicant fails to agree to abide or comply with all of the conditions and terms of the
Special Event permit.
(i) The Special Event would seriously inconvenience the general public's use of public
property, services, or facilities.
(j) The Special Event would create or constitute a public nuisance.
Page 4 S:\Administration\Licenses\Special Events\Final Draft Ordinance.DOC
(k) The Special Event could cause significant damage to public property or facilities.
(1) The Special Event would engage in or encourage participants to engage in illegal acts.
(m) The applicant is a minor at the time of the event.
38-517 Process for Denial or Revocation
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 division. If a permit is denied or revoked by
the City Council, the city must notify the applicant with the reason(s). The applicant shall be allowed an
opportunity for a hearing 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.
38-518 Fees and Expenses
The application fee for a Special Event permit shall be established by ordinance by the city council and the
current application fee shall be paid at the time of application for a permit. In addition, the applicant fox a
Special Event permit must pay all expenses incurred by the City with respect to the Special Event including,
without limitation, all expenses related to the provision of police, fire or traffic management services
required for the event and the enforcement of the permit, including any permit conditions. The City may, as
a condition of permit approval, require the applicant to deposit with the City an amount up to 115% of the
estimated City expenses as determined by the Finance Department provided, however, the applicant's
obligation to pay all expenses as provided in this section is not limited to the amount of the deposit. In the
event that the actual expenses of the City related to the event are less than the amount of the deposit, the
City will refund the excess funds to the applicant.
38-519 Indemnification
All Special Event permits shall include a provision by which the permit holder agrees to defend, indemnify
and hold the City, its officers and employees, harmless from any liability, claim, damages, costs, judgments or
expenses, including attorney's fees, resulting directly or indirectly from an act or omission including, without
limitation, professional errors and omissions of event promoter, its agents or employees, arising out of the
conduct of the activity authorized by such permit and against all loss caused in any way by reason of the
failure of the event promoter to fully perform all obligations under this section.
38-520 Insurance Requirements
Subdivision 1. 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.
Subd. 2. Minimum Limits. Insurance coverage must be a commercial general liability policy. The minimum
limits must be at least $1,000,000. 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 the City Code. The City Council
may require additional endorsements depending upon the type of special event and proposed activities.
Subd. 3. Waiver or Reduction of Required Limits. The City may waive or reduce the insurance
requirements of this Section under the following circumstances:
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a) 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 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 required by this Section is impossible to obtain; or
c) The City Council determines that the insurance requirements are in excess of the reasonable
risk presented by the proposed special event.
38-521 Applicability
The provisions of this chapter and of all regulations made thereunder and all permits issued thereunder
shall be subject to all applicable and controlling provisions of federal, state and city laws, and of all
regulations and orders issued thereunder.
38-522 Penalty
Violation of any provision of this chapter shall be a misdemeanor and subject to all penalties provided for
under state law.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 2"d day of
March, 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
Page 6 S:\Administration\Licenses\Speaal Events\Final Draft Ordinance.DOC
RESOLUTION 09-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF
SUMMARY PUBLICATION OF ORDINANCE SECTION 38-510 to 38-522
AN ORDINANCE DEFINING AND REGULATING SPECIAL EVENTS
WHEREAS, on March 2, 2009 the Elk River City Council adopted Ordinance 09-_
adding Section #38-310 to #38-522, which defines and regulates special
events, to the City of Elk River Code of ordinances; and
WHEREAS, the purpose of the ordinance is to protect the health, safety, and welfare of
citizens by regulating the time, place, and manner of Special Events as
defined in the ordinance; and
WHEREAS, the ordinance describes the application requirements for a Special Event,
events that are exempt from a Special Event Permit, conditions/restrictions
that Council or staff may require of a Special Event Permit, grounds for
denying/revoking a Special Event Permit along with due process hearing
rights, fees and expenses for covering the city's cost associated with a Special
Event Permit, and insurance and indemnification requirements; and
WHEREAS, a copy of the full text of this ordinance is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway,
during regular business hours - 8:00 a.m. to 4:30 p.m.,_Monday through
Friday; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council, by at least four-fifths
vote, authorizes the publication of the title and summary of Ordinance 09-_
and that Ordinance 09-T shall become effective upon publication of this
resolution.
Passed and adopted this 2°d day of March 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
S:\Administration\Licenses\Special Events\Resolution for Sum Pub.doc