HomeMy WebLinkAbout9E - Outdoor Events
CITY COUNCIL AGENDA REPORT
July 15, 2002 /\ 1\
~~ank Boyles, City Manager~
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDMENT RELATING TO
OUTDOOR EVENTS.
DISCUSSION: History: Traditionally, individuals, civic organizations, restaurants and
government agencies have conducted outdoor events with sound amplification
equipment. Some years ago, the City adopted an outdoor concert ordinance to
regulate the issuance of permits for such events. The purpose of the ordinance
was to allow such events to take place while protecting adjacent property owners.
Earlier this year, staff requested a clarification to the ordinance addressing the
number of events that any person or location could conduct. At that time, the City
Council directed the staff to review the ordinance as it relates to City sponsored
concerts and events conducted by restaurants on the lake.
Current Circumstances: City Attorney Pace and Police Chief O'Rourke have
prepared the attached ordinance modifications. The approach has been broader
than the Council's original direction in an effort to address a variety of issues we
have identified in the administration of this ordinance.
Conclusion: The City Council should review the proposed revisions and provide
the staff with additional direction for further refinement of the ordinance, or adopt
the ordinance as proposed.
ISSUES:
The revised ordinance contained a number of provisions the Council should be
aware of:
(1) Outdoor concerts have been redefined to outdoor events to address the
many kinds of activities which require a permit. An outdoor event is one at
which 50 or more people gather at one outdoor location where sound
amplification is used. This definition does not include sporting events at
which an announcer with sound amplification equipment addresses the
audience.
(2) The entities and locations which are exempted from the limit of four
annual events has been broadened. There is no limit to the number of
events which could be annually licensed at Lakefront Park, Memorial
Park, and Sand Point Park. There is no limit on the number of events on
School District property. For all other locations there is an annual limit of
four events - two more than were allowed previously. A person, as
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
1:\COUNCIL\AGNRPTS\2002\OUTDOOR EV~l~ce.PPORTUNITY EMPLOYER
defined in the ordinance, may only sponsor two events annually which is
the same as the present ordinance.
(3) Normally, concerts may be approved seven days per week between Barn
and 10pm. On Friday and Saturday night, the event may be extended to
midnight, subject to various criteria designed to consider adjacent
property owners. The previous ordinance allowed events up to 12:30am
on Saturday nights and 11 :30pm on all other nights.
(4) Security persons must be hired by the applicant and the number of
personnel is established by the City staff. This provision is identical to our
current ordinance, but does not require the presence of a police officer.
There are a number of issues the Council may wish to discuss. 'Residents in the
area of Captain Jack's will undoubtedly be concerned that this facility may have
two more outdoor events than the existing ordinance allows and those events
may take place until midnight on Friday and Saturday nights.
Residents adjacent to Lakefront Park have already expressed a concern about
outdoor events after 11 pm regardless of the night of the week.
The Council may wish to require that police officers be used as security
personnel. This would undoubtedly concern persons who host such events out of
their own home who would have to pay $50-$60 per hour for police presence.
The ordinance provides the staff with discretion in administering the ordinance.
The staff could, for example, limit the times of Friday and Saturday night events
based upon the criteria set forth in the ordinance.
The Council should discuss these issues and any other they believe to be
appropriate. The options are to refer the ordinance back to the staff with
direction, adopt the ordinance as proposed or with amendments.
ALTERNATIVES: (1)
(2)
(3)
Adopt the ordinance as recommended or with amendments.
Direct the staff to modify the draft ordinance.
Take no action.
RECOMMENDED
MOTION: As the Council deems appropriate.
I :\COU NCI L \AGNRPTS\2002\OUTDOOR EVENTS.DOC
SUBSECTIONS:
307.100:
307.200:
307.300:
307.400:
307.500:
307.600:
307.700:
307.800:
307.900:
307.1000:
307.1100:
307.1200:
307.100:
(1)
307.200:
Business Regulations
SECTION 307
OUTDOOR CONCERT EVENT ORDINANCE
DEFINITIONS
LICENSING
EXEMPTIONS TO LICENSING LIMITATION ON LICENSES
ADDITIONAL REQUIREMENTS
HEARING
DECIBEL LEVEL
HOURS
CLEANUP
SECURITY
NOTIFICATION TO NEIGHBORS
FUTURE CONCERTS
PENALTY
(2)
DEFINITIONS:
"Outdoor Event" means An outdoor concert is any gathering of fifty (50) people or
more in one outdoor location where sound amolification is used to listen to a
concert ef..QLsome type of music::lI entertainment.
"Person" means ^ person is an individual, partnership, association, corporation or
other organizational entity. (Ord. 88 3, 6 20 88)
LICENSING: No person. unless otherwise exemoted herein. shall conduct an
outdoor concert or music event without first obtaining a license from the City
Manager. A oerson seekina a license The 3pplic:::mt shall make application on a
form supplied by the City Manager. The license aoolication shall be submitted -aA€I
furnish the following inform3tion to the City thirty (30) days prior to the date of the
event, and shall include:
(1 )
The full name, date of birth, address, work and home phone numbers of the person
responsible for oraanizina or tAe-sponsorJogship of the event whether on behalf of
themselves or a , if 3n indi'lidu3l, or of the person \...ho represents 3ny group or
entity responsible for the sponsoriru;bship of the event.
(2)
The full name, date of birth, address, work and home phone numbers of the
personOO who represents the music31 group involvedoerformina at the event.
(3)
The number of oersons who will oerform at the event.
(~) The date~ and time~ of the event.
(1) The number of musicians '....ho will perform 3t the event.
City of Prior Lake
307/p1
Business Regulations
(5) All spe3kers used to 3mplify the music supplied 3re to be set up 3t ground level.
I\ny devbtions from ground level 3mplific3tion must h3ve prior 3pprov31 by the City
Manager 3S p3rt of the 3pplic3tion process.
(a~) The steps taken to minimize noise and nuisances. includina carkina clans to
accommodate the number of individuals excected to attend the event.
(+2) The full name, date of birth, address, work and home phone numbers of the sound
technician who will operate the sound panel controlling the loudness if the mtISfG
event is to be electric311y electronicallv amplified. (Ord. 92 08, 9 8 88)
307.201 ExceDtion: Outdoor scortina events do not reauire an outdoor event license.
307.300: EXEMPTIONS To LICENSING LIMITATION ON LICENSES: The licensing
requirements of this Section sh311 not 3pply to 3ny outdoor religious ceremony or
any outdoor concert or music event sponsored by the City or the Prior L3ke School
District. (Ord. 88 3, 6 20 88)Excect as crovided herein. (1) no cerson mav receive a
license for more than two outdoor events within anv calendar vear' and (2) no
location within the Citv mav be used four times within anv calendar vear as a venue
for an outdoor event.
307.301 ExceDtions: The limitation to two events in one calendar vear shall not acclv to (a)
Lakefront Park. Memorial Park. and Sand Pointe Park: or (b) Prior Lake School
District crocertv.
307.400: ADDITIONAL REQUIREMENTS:
307.401 All license applications for an outdoor event license shall be accompanied by the
written consent of the property owner and tenant of property sought to be used for
the concertoutdoor event. No license shall be granted without such consent being
filed. All concert outdoor event activities must be contained on the approved
concert event site. Excect as crovided for in Section 307.301 nor outdoor event Ne
concerts or concert 3ctivities shall be allowed on City-owned property or public
streets. (Ord. 95 10, 8 7 95)
307.402 All sceakers used to amclifv anv activitv at the event are to be set uc at around
level. Anv deviations from around level amclification must have crior accroval bv
the Citv Manaaer as cart of the acclication crocess.
307.~03 All license applications shall be accompanied by evidence satisfactory to the
City that the City is protected under an insurance policy against all liability or claims
which might arise out of the holding of the concertevent.
307.4GM04 All license applications shall be accompanied by a written agreement by the
person or persons oraanization seeking the license that he, she or they the Derson
or oraanization will defend, hold harmless and indemnify the City, its employees,
City of Prior Lake
307/p2
Business Regulations
agents and officers against all claims, demands, actions or causes of actions of
whatsoever nature or character arising out of or by reason of the conduct of the
outdoor concertevent, which agreement shall also provide for the repair of or
payment for damages to public property. (Ord. 88 3, 6 20 88)
307.4G4405 All license applications submitted to the City for approval shall be
accompanied by payment of such license fees as determined by the City Council.
Outdoor concerts org:mized by nonprofit organiz::ltions, such as religious
org::lniz::ltions or community ::lssoci3tions, m::lY h::lve the license fee w::li'led if
permission is gr::lnted by the City Council. All license applications submitted to the
City for approval shall also be accompanied by such deposits as determined by the
City Council Manaaer to cover cleanup costs and direct police costs incurred by the
City in connection with the concertevent. Any balance remaining after payment of
cleanup costs and direct police costs incurred by the City shall be refunded to the
license aoolicant. (Ord. 95 10,8795)
307.500: HEARINGApPEALS: In the event the City Manager denies a license to an
applicant, the applicant may request ::l hearing on the ::lpplication bef.ore aooeal the
denial of the license to the City Council. Upon hearing, the The City Council may, in
its discretion, grant or refuse to grant the issuance of the.a license subject to such
conditions as it may deem necessary and expedient for the protection of the health,
safety and general welfare of the City. (Ord. 88 3, 6 20 88)
307.600: DECIBEL LEVEL: Outdoor concerts events shall not exceed a decibel level of
_ sixty five (65) decibels at a distance of one hundred feet (100') from the concert
"i~la( .f tl.. J~~site. The Prior Lake Police Department sRa>>-~monitor the decibel level.
In the event the maximum decibel level is exceeded, the Prior Lake Police
Department shall revoke the license, and the person shall immediately discontinue
the concort or music event. (Ord. 88 3, 6 20 88)
307.700:
HOURS: No outdoor concert event shall commence before eight o'clock (8:00)
a.m. nor continue after ten eleven thirty o'clock (1~0:00) p.m.~ Sunday through
Friday. The eleven thirty o'clock p.m. deadline for Saturd::lY evening outdoor
concerts is extended to twelve thirty o'clock (12:30) ::l.m. on Sund::lY mornings. The
outdoor concert event application should clearly identify the hours requested for the
event. (Ord. 92 08, 9 8 92)
307.701
Exceotion: Events held on a Fridav or Saturdav mav. at the discretion of the Citv
Manaaer. be extended until 12:00 am In determinina whether to extend the event
held on a Fridav or Saturdav until 12:00 am. the Citv Manaaer mav consider
circumstances includina. but not limited to. the location of the orooertv relative to
residential orooertv tvoe of amolification eauioment used. noise mitiaation efforts to
be undertaken. oresence of on-site oolice oersonnel. orevious exoerience with
aoolicant. and the extent to which the event is desianed to aooeal to all or a larae
oercentaae of Citv residents.
City of Prior Lake
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Business Regulations
307.800:
CLEANUP: All applicants must cleanup the outdoor concert event area and the
immediate surrounding area as soon as possible after the outdoor concert event
has concluded. (Cleanup includes picking up and disoosal of all plastic cups,
glasses, plates, napkins, garbage and other incidentals.) (Ord. 92 08, 9 g 92)
The City's ::1ssigned inspector official insoectina the outdoor event site shall check
the outdoor concert event area and immediate surrounding area to determine
compliance with the cleanup requirement. The inspector Citv official insoectina the
outdoor event site will advise the City Manager that the cleanup requirement has
been met or assign a cleanup crew. If a cleanup crew is assigned, the cleanup
costs incurred by the City in connection with the concert. event shall be deducted
from applicant's deposit. (Ord. 95 10, g 7 95)
307.900: SECURITY: The applicant shall hire security personnel and shall provide such hired
security personnel with proper attire so as to be immediately identified as concert
event security by all present at the outdoor concert~. The number of security
personnel shall be determined by the City Manager or his/her assigned
representative. (Ord. 92 08, 9 8 92)
307.1 000: NOTIFICATION To NEIGHBORS: At least two (2) weeks prior to the scheduled
outdoor concert event, the applicant shall notify, in writing, all residents within five
hundred feet (500') of the concert event location. Ithe notification shall include the
name of the sponsoring organization, or person, the date, time and hours of the
concert event and the name of a contact person, including address and phone
numbers, for the neighbors to contact if there are any questions. The a~~licant shall
orovide the Citv Manaaer with oroof that said notification has been ma__. Failure to
notify all residents within five hundred feet (500') may be cause for revocation of the
license prior to the event. Proof of notific::1tion sh::11l be provided to the City upon
completion. (Ord. 92 08, 9 8 92)
307.1100: FUTURE CONCERTSEvENTS: Any person who RaG-~previously been licensed
pursuant to the provisions of this Section may be denied a license for a subsequent
outdoor concert event ifin the. event of violations of the provisions of this Section
occurred at orevious outdoor events soonsored or held bv the same oerson(s) at
prior concerts. The m::1ximum number of licenses to be issued to ::1ny person will be
f-or two (2) one d::1Y concerts 'A'ithin ::1 twelve (12) month time period. The Citv
Manaaer mav aoorove the license with modifications and conditions as he deems
aoorooriate to orotect the health. safetv or welfare of the oublic.
Any person who had been denied a license by the City Manager based upon prior
violations of th~e Section at a previously licensed outdoor concertevent, may
appeal the City Manager's decision to the City Council. In ::lddition, ::lddition::ll
requests by the S3me person for the issu3nce of licences f-or ::1ddition::11 outdoor
City of Prior Lake
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Business Regulations
concerts exceeding the m3ximum permitted by the Section m3Y be m3de to the City
Council. (Ord. 88 3, 6 20 88)
307.1200: PENAL TV: Any person who violates any provision of this Section or who violates
any condition or requirement of a license issued pursuant to this Section shall be
informed that they must immediately discontinue the concert event and the license
shall be revoked. Any person who violates the provisions of this Section shall be
guilty of a misdemeanor", and upon conviction thereof shall be punished by ::I fine of
not more th::ln seven hundred doll3rs ($700.00) and/or imprisonment in the County
j3i1 for not more th3n ninety (90) d3Ys, plus the costs of prosecution in either C3se.
(Ord. 88 3, 6 20 88)
City of Prior Lake
307 IpS
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