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ORD 09-01ORDINANCE - 01 CITY OF ELK RIVER AN ORDINANCE of THE CITY OF ELK RIVER AMENDING ARTICLE X1, OF THE ELK RIVER CITY CODE OF ORDINANCES TO ADD NEW SECTION 38-5 10 to 38-522 DEFINING AND REGULATING SPECIAL EVENTS The City Council o e City of 1 River does hereby ordain as follows: Section 1. That Article XI of the Cite of Elk River Code of Ordinances is hereby amended to add new Section t ereto, to read as follows: 38-510 d Findings The purpose of tl s chapter is to protect the health, safety* and Orel ` re of the citizens of d. s clay by regulating the tme, place and manner of Special Events as defined herein, and by establi l ng perrnit requirements and other regulations for conducting special events. The Clt�r Council ids that • special l events often exceed the city 's capacity to Provide usual city senr ce . These city services include, but a-re not limited to, san.taq fiacffides, fire, police and uth f setiri es. The 1)r Council also fmds this ordinance necessary to ensure fhat such events are c nd cted Wid-i sufficient consideration given to public safety issues mcluding, among other digs, the impact of these events on parkm*g and traffic management within the city. 38 -511 Definitions For the purpose of this chapter, the foliowing definitions shall apply unless the context clearly indicates or requires a dif'f'erent meaning. Person: A natural person, association, orgarlization, club or group formed for a cornmon purpose, a partnership of any bind, I�Tdted Lability company, corporation or any other legal entity. ,Special Eivn : An outdoor atlaerm , whether on public or .riN� to property, open to the public where at least 50 Mdi vidua.l are e - peeted to, or do, assemble with a coi =on purpose for a period of one lour or longer. S l Events include, but are not binited to, concerts, fiiirs,, carmkrals, circuses, parades, flea markets,, mar tlions, wal adions, festivals, races, bicycle events, celebrations, or any other gathering or events of sfinilar at -Lire. ,Spec- ialEre is do not Mncl ode private, no commercial events such as graduation parties or social parties. 38 -512 Permit Required No person shaH bold, conduct, or participate M a Special ve t k ltl n the city unless a permit has been issued for such Special -vent upon timely application a required by tl s ordinance. 38 -513 Application. Application must be jade at least 60 days M advance of the proposed d tc of the Special Event. This application period shall not bed to run until a complete application has been fled with the city. The application for the required pert .it shall be made to the city clerk by Egg the permit fee, any deposit required to cover e t ated costs to be incurred by the Cit r for the Special Event,and by completing an application form provided by tl -le city clerk. In addition to such additional information as the ci r clerk may rec utre, the application shall include: 'age I SAOrdinancc-A20 9 \09 -01 Special Event ,I)OC a ) Type and description of the Special Event and a list of alb activities to take place at the Special Event. b Name of the o ofin entity, contact p �- r , address, and h number. c Proposed elates of the Special Event, together wid-i die be&riing and ending ti es for each date. d proposed location of the Special Event 3r mcluding a map of the proposed area to be used wl,dch shows s a y barricades, sheet route plans or perimeter /security fencing. C) Estimated number of Special Event staff, participants., and spectators. f Any public heald -i plans, M' cludi supplying pater to the site, solid paste collection and provision of toilet facilities. g) Any fire prevention and emer enc -v medical et.-��ice plans. 1-1 Any securit y plans. i ) The admission fee, donation or other consideration to be charged ed or requested for adnussion to the Special Event, if any. j) hedier food or alcohol is to be served or sold at the Special Event. 10 S* ignature of the applicant. 1 If d -le Special Event will e in a residential area and one or more streets are proposed to be closed, die applicant must collect and submit id-i the app cation signatures of or on behalf of the owners or occupants of 0 properties whose vehicular access to their properties wiu be blocked, conscnti g to the street closure. 38-514 Issuance of Permit, , Conditions Except as pro Tided i Section 3 B-51 5, Special Event err t will be issued upon Cite Council approval. Reasonable conditions may e attached to the peri it as are deemed necessary to protect the health, , safet y and public Welfare, pro V, ide that such conditions shall not restrict the fight t of free speech. Such conditions may include, but are not meted to; (a) of the date(s), time(s), route, or location of the proposed Special Event. (b) Ebrriin tion of an actiirit r at the Special Event which threatens the public safety and welfare, or which causes undue liabiht r to the City. (c) Requirements for the use of garbage containers and the cleanup and restoration of any pudic property €. (d) Requirements for appropriate sanitation facilides and the ava a il.t y of potable eater. (e) Requirements for appropriate traffic control n-icasures including barricades, fencing, traffic cones, etc. Page 2 AOrdin:inccN\ ()09 \()9 -()1 Spvnal vc nts.D0C Requirements ent for appropriate security and crowd xna agement. Requirements cocr= tie acco�odatlo o pedes� or traffic, including restricdag the event to only a portion of a street or tight-of-way. (h) Provision of adequate emergency and medical services. (i) Compliance with all requirements of the roost currently adopted State Fire Code, including an o site ire l spection if required by the Mate Fire Code. .yore operating am se e t rides must co ply with the requirements of MN Statute 184B regarding camivals. (k) Carm*vals are allowed 7 days to store and set up eqw*pinent pnor to their Special Event and days to clean up the site after the conclusion of the special Event. Candy may he 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 occumng along a roue. (n) Removal of adverbs g promodonal maters, (o) for appropriate ligh , (p) Requirements for the use of City personnel and equipment. (q) Compliance with gal protection ordinances and laws. (r) R on the use of amplified sound and compliance with noise ordinances, regulations and laws. (s) to provide nonce of the Special Event to surrounding property owners. (t) on the sale or consumption of a,lcoliol and cornpEance with all applicable liquor license laws. (u) Applicant must secure all necessary permits from outside agencies such as IVIn /DOT or Shexbume County for road closures. 8 -515 Exceptions (a) The req rement for a Speck Event pert sloes not apply to the following: 1, Special events sponsored and managed by the city. 2. Special Events held on School Distda property. 3. Neighborhood block parties held In connection with National Fight Dint. 4. Neighborhood block parties where no streets are proposed to be closed, 5. Funerals and feral processions. 6. Regularly established assembly events on the grounds of any school, p4ygrou d, city or county park, place of worship, hotel conference center, stadia, athletic field, arena, adltorlum or smear place of ase,ly. 'age 3 SAAdniiristra6on\Uc=cs\Specizd v W al Dmft ordina ceDOC (b) Neighborhood block pa.rdes which are not excepted by a above shall require the assurance of a Special. Event Pert, 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 Count, 2. No mndernm' cation or mnsurance shall be required for neighbor -hood block pardes, unless staff or City Council determines that unique circumstances require drat rode d cation or insurance should be required. 38-516 Grounds for Dewq'al or Revocation AU pent appl cado s under this division shall be made to the city clerk and referred to the chief of police and such other municipal departrnents or offices as the city clerk deers necessary for verificadon and mvestigation of the facts set forth in the application. The chief of police and other department heads or officers consulted s aU submit their reports and recom endations to the city clerk. The staff and/or council shall have the discretion to consider, m granting, denying or revoldng a pert, any reasonable facts or circumstances relating to public health, safety and welfare including, but not meted to, the follo r .g: (a) The location of the Speck Event would cause undue hardship for adjacent businesses or residents. (b) Sperm Event pest application has already been approved to bold another Special Event at the same time requested by the applicant or so close 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 Spec. 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 allovn'ng the Sped Event would unreasonably deny later` enforcement protection to the ruder of the City and its residents. (d) The time,, route, hours, location or size of the Specie Event could cause a heat to public safety, Mnterference with no traffic flow, congestion, or inconvenience to the public. (e) The location of the Sperm Event wiU interfere with a construction or rnamntenance work scheduled to take place upon or along public property or right -of -way. a cre to provide a completed apphcation, any Fees, or providing false or misleading infrmadn. (g) 'the applicant fps to comply with the liabi ty lnsu.rance requirements or the applicant's insurance lapses or is canceled. 'ne applicant fOs to agree to abide or comply with 0 of the conditions and terms of the Sp e cial Event p errt. The Speck Event would seric us .y i.ncon erience the general pub c's use of public property, services, or facilities. 0 The Sperm Event would create or coosdtute a public nuisance. 'age 4 S-. Adn*iistmtion\Licmses\SpedaI Events \Final Omit Ordir=mDOC nr The Special event could cause 191U damage to public property ct fa es. 0 The Special Event would engage in or encourage participants to engage n Megal acts. n. The applicant is a or 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 lags of the state shall be grounds for denying or revoking a pest granted under this division. If a per=t is denied or revoked by the City Counc, the city must not.fy the applicant with the reason(s). 'he applicant shy be allowed an i . opportunity for a hearing pursuant to Chapter 8, rdc e II of this Code. Any pe=ait issued may be scarily revoked by the City's chief law enforcement officer or Fire Chief at any t o when, by reason of disaster, public calamity, riot or other emergency, the law enforcement officer or Fire Chief deterrn es that the safety of the pubhc or property requires such revocation. 8 -518 Fees and Expenses The application fee for a Special. Event per t shall be established by o ance by the city council and the current application fee shall be paid at the tme of application for a permit In addition, the applicant for a Special Event permit must pay 0 expenses inc=ed by the City with respect to the Special Event including, without ll nation, 0 expenses related to the provision of olice, Eire or traffic management services re u ed for the event and the enforcement of the permlt, including any permit conditions. The Ci ty may, , as a condidon of perx ,t approval, require the applicant to deposit with the City an mount up to % of the estimated City expenses as dete ed by tie Finance Department provided, however, the a cant' obhgatioa to pay a expenses a provided this section is not ted to the amount of the deposit. In the evert that the actual expenses of the City related to the event are less than the amount of the deposit, the City wiU refund the excess fands to the applicant. 8.519 Indemnification AR Sperm Event pe lts shag include a provision by which the Perrot holder agrees to defend, indemnify and hold the City its officers and employees, harmless from any lability, dam dal a es, casts, judgments r e eases includin " - g g attorneys fees, resulting directly r indirectly xom an act or ommssion Mncluding, without station, professional errors and omissions of event pro .oter, its agents r employees, adsin out of the g conduct of the activity authorized by such permit and against A loss caused m' any way reason of the y y fa. ure of the event promoter to fully perform all oblgations under this section, 8 -520 Insurance Requirements Subdivision 1. jbbih insurance Required. The applicant or sponsor of a Special Event must possess or obtain liability Mnsurance to protect against loss from liability for damages on account of body. y iujury or property damage arising from the special event. A cerd cate of insurance must be fed with the City nor to issuance of any Spec. Event pert. The certcate of insurance must name the City, its officials, employees and agents, as additional insureds. Insurance coverage must be maintained for the duradon of the Special Event. Subd. 2. ��um Limits. Insurance coverage must be a conunerdal genetal liability policy. The emu. its must be at least $1,000,00 0. If alcoholic beverages are to be sold or distributed at the special event the policy rust also include an endorsement for liquor liability per Chapter 6 of the City Code, The City Council may requite additional endorsements depending upon the type of speck event and proposed activities. Subd. 3. WaiveLorReducdon of Re =' ed Limits. The City may waive or reduce the insurance requirements of this Section under the foUo ng c' cumstances: Page 5 S; ini tion\ c ses\ p ci l ar ts\Final Draft Ordinance.DOC The applicant or officer of the sponsoring organization signs a verified statement that it believes that the sperm event's purpose is First Amendment expression and that the cost of obMm' g the insurance is so financiAy 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 verged statement that the insurance coverage required by this Section is impossible to obta ; or c The C' ity Council deters es that the insurance requirements a-re in excess of the reasonable ask presented by the proposed special. event. 38-521 Apphcability The provisions of this chapter and of aU regulations made thereunder and aU pen is issued thereunder shag be subject to ail. applicable and controlling provisions of Federal, state axed cit y laws, and of aI regulations and orders issued thereunder. 38-522 Penalty Violation of any provision of this chapter shall be a misdemeanor and subject to al. penalties provided for under state law. 5—ection 2. That this ordinance shad. tale effect upon pblcatlon as provided by .far. Passed and adopted by the City Count of the City of Elk River tlxis 2 d day of March, 2009. A tephA `e Klinmg, day o A���': Mina Allard, City Clerk Page 6 S: Adnini txadon Licroses pe vents kW Draft Ordir=ce.DOC RESOLUTION 09 -11 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION API RAVING NOTICE OF SiJbIIVIARt PUBLICATION OF ORDINANCE 09-01 ADDING 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 -01 add- ing Section #38 -510 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 ordi- nance; and WHEREAS, the ordinance describes the application requirements fora 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, fee's and expenses for covering the city's cost associ- ated with a Special Event Per- mit, and insurance and indem- nification requirements; and WHEREAS, a copy of the full text of this ordinance is avail - able for inspection by any per- son at the office of the Elk River City Clerk, 1 ,T065 Orono Parkway, during regular busi- ness 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 publica- tion of the title and summary of Ordinance 09 -01 and that Ordinance 09:01 shall become effective upon publication of this resolution. Passed and adopted this 2nd day of March 2009. Stephanie Klinzing, Mayor ATTEST: Tina Allard, ^ity Clerk (Mr7) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS COUNTY OF SHERBURNE ) Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all of the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as ammended. (B) The printed Legal Notice Ordinance 09 -01, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 7th day of March, 2009, and was therefore printed and published on every Saturday to and including Saturday, the 7th day of March, 2009, 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 Office Manager Subscribed and sworn to before me on this 7th day of March, 2009 u4 = ""<f•., CINDY M. SCHIMINSKI �x NOTARY ARY PUBLIC h�iltl�+i~SC1TA r; ", try Gn�Vmission `r.�ir�;s Jsn. 31, 2010 Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 20.00 (line, word or inch rate) $ 15.50 (line, word or inch rate) $ 15.00 (line, word or inch rate) 1,617,235