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HomeMy WebLinkAbout5F Ordinance Changes Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 14, 2016 AGENDA #: 5F PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY AGENDA ITEM: CONSIDER APPROVAL OF ORDINANCES REVISING THE FOLLOWING SECTIONS OF THE CITY CODE:  SECTION 307 RELATED TO PUBLIC AND PRIVATE GATHERINGS, AND A RESOLUTION APPROVING A SUMMARY OF THE ORDINANCE AND AUTHORIZING ITS PUBLICATION  SECTION 316 RELATED TO COMMUNITY EVENTS  SECTION 605 RELATED TO NUISANCE NOISE DISCUSSION: Introduction The purpose of this agenda item is to adopt ordinance revisions which will bring consistency in noise standards to various portions of the city code and improve the clarity of the ordinance. History Since the adoption of a new Community Events ordinance several inconsistencies and a lack of clarity has been noted in the City’s Outdoor Events ordinance. The council has directed the staff to resolve these inconsistencies and bring clarity to the sections. Staff including the Police Chief, Assistant City Manager, City Attorney, and administrative staff met to discuss the appropriate regulations and how to provide for ease of administration, and consistency with other regulations. Current Circumstances Staff discussions resulted in three ordinance revisions: 1. The new Section 307 gathering ordinance revises the definitions and other provisions for clarity of application, updates the regulations, and provides for consistency with the new Community Events ordinance. The new ordinance will apply to any events where the application is filed on or after January 1, 2017. 2. The revisions to Section 316 revise the Community Events ordinance for consistency with the new Public and Private Gathering ordinance. 3. The revisions to Section 605 update the nuisance noise regulations for consistency with the Community Event and Public and Private Gathering ordinances. 2 Staff has also noted that these revisions will require technical updates to the Charlie’s on Prior ordinance for consistency with the new provisions. Staff plans to make these technical updates the next time the Charlie’s ordinance is amended. ISSUES: The attached ordinances clarify the applicability of and regulations relating to the City Code noise and gathering provisions and revise related ordinances for consistency. FINANCIAL IMPACT: The ordinances provide clearer regulation for existing City Code provisions. There may be revisions to the 2017 fee schedule to address these new provisions. ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt the ordinances and resolution as proposed. 2. Remove this item from the consent agenda for discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. ____________ AN ORDINANCE AMENDING CITY CODE PART 3 BY REPLACING SECTION 307 RELATING TO OUTDOOR EVENTS WITH A NEW SECTION RELATING TO PUBLIC AND PRIVATE GATHERINGS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Part 3 is amended by deleting Section 307 in its entirety and replacing it with the following: 307.100 Definitions: For purposes of this Section, the following terms shall have the following meanings: Gathering is a planned occasion or activity where 2 or more individuals are assembled for a common purpose. Person is defined as a natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation or any other entity. Premises is defined as the property and/or facilities used for the gathering. Private Property includes all property and facilities that are not public property. Public Property includes all property and facilities owned, leased, or controlled by the City. Sound Amplification is increasing the amplitude of the signal of a sound by electronic means, amplification includes the use of microphones and/or speakers. Sponsor is the person who finances and is responsible for a gathering. 307.200 Permits required: 307.201 Gathering Permit. No gathering on public or private property where at least 25 individuals are gathered and sound amplification is used may be held within the City without a gathering permit under this Section, except as follows: a) A gathering permit is not required if the gathering is a Community Event as defined by City Code Section 316. b) A gathering permit is not required for funerals and funeral processions. c) A gathering permit is not required for the use of announcing equipment for a sporting event unless the sporting event will exceed four hours in length. d) A gathering permit is not required for a restaurant located in a town center, commercial or industrial zoning district to play outdoor amplified dinner music, live or otherwise (“Dinner Music”), if played in compliance with the following conditions: 2  Dinner Music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday;  Dinner Music may only be played twenty (20) days per year;  Dinner Music shall not exceed a decibel level of sixty-five (65) decibels as measured at any lot line of the property on which the gathering is held (as “lot line” and “property” are defined in City Code Section 1101.400); and  Dinner Music is subject to City Code Section 605 relating to Public Nuisances. All gathering permits shall be subject to City Code Subsections 307.300 through 307.1000 below. 307.202 Rental Permit. No gathering may be held on public property within the City without a rental permit under this Section, except as follows: No rental permit shall be required if the gathering is a Community Event as defined by City Code Section 316 or if the gathering is subject to a gathering permit under this City Code Section 307. All rental permits shall be subject to City Code Subsection 307.1100 below. 307.300 Gathering Permit Fees and Costs: The sponsor shall be responsible for all fees and costs related to the gathering. 307.301 Application Fee: An application fee shall be submitted to the City along with the completed application. The application fee shall be in the amount set forth in the City Fee Schedule for the year in which the application is submitted. 307.302 Facility Usage Fee: If a gathering occurs on public property a facility usage fee shall be submitted to the City with the completed application. The facility usage fee shall be in the amount set forth in the City Fee Schedule for the year in which the permit is issued. 307.303 City Costs. The sponsor shall be responsible for all costs incurred by the City in relation to the gathering including any damage that may occur as a result of the gathering. The costs may include, but are not be limited to the following: use of City equipment, repair and restoration for any damage to public or private property, and additional police and/or fire protection or other City services. 307.304 Deposit. The City may require the payment of a deposit for a gathering. If such a deposit is required, the sponsor shall deposit with the City a cash escrow for the costs incurred by the City in conjunction with the gathering (“costs”). The cash escrow shall be deposited with the City after the gathering permit has been approved but prior to its issuance, The City shall deduct from the escrow all costs actually incurred. Any portion of the escrow not retained by the City shall be returned to the sponsor within 60 days of the completion of the gathering. The amount of the escrow shall be set by the City based upon an estimate of the costs to be incurred by the City and the damage that may occur. The estimate is only an estimate and does not limit the responsibility of the sponsor to pay all costs incurred by the City. If the costs exceed the escrow the City may, at any time, require that additional funds be paid into the escrow. Regardless of whether additional funds are paid into the escrow, if the costs exceed the escrow after the gathering is complete, the City shall invoice the sponsor for the difference. The invoice shall be paid within 30 days of receipt. 3 307.400 Gathering Permit Application: A complete application shall be submitted to the City on a form supplied by the City at least 30 days prior to the gathering. The application shall identify the property where the gathering is to occur, include consent by the owner for use of private property or a request to use public property, include all other information requested by the City and shall be accompanied by an application fee and a facility usage fee if applicable. 307.401 Issuance: The City Manager’s designee may approve or deny the gathering permit. 307.402 Grounds for Denial: A gathering permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare including, but not limited to, the following: a) The type of gathering is not permitted by zoning or other law, statute, rule or regulation. b) The location of the gathering would cause undue hardship for adjacent businesses or residents. c) Another gathering has already been approved at the same time requested by the sponsor or so close in time as to cause 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 gatherings. d) The gathering is of a size or nature that requires the diversion of too many public safety officers to properly serve the gathering site and contiguous areas, and/or that allowing the gathering would unreasonably deny public safety protection to the remainder of the City and its residents. e) The time, route, hours, location or size of the gathering could cause a threat to public safety, interference with normal traffic flow, congestion, or inconvenience to the public. f) The location of the gathering will interfere with previously scheduled construction or maintenance work. g) Failure to provide a completed application and fees, or providing false or misleading information. h) The sponsor fails to agree to abide by or comply with all of the conditions and terms of the gathering permit and this Section. i) The gathering would seriously inconvenience the general public's use of public property, services, or facilities. j) The gathering would create or constitute a public nuisance. k) The gathering could cause significant damage to public property or facilities. l) The gathering is contrary to the promotion of health, safety, and welfare of the City. m) The gathering would engage in or encourage participants to engage in illegal acts. n) The sponsor is a minor at the time of the gathering. o) The sponsor hosted a previous gathering that violated this Section. p) The sponsor has delinquent fees, charges or other outstanding f inancial claims with the City. 307.403 Appeal of Denial: Any sponsor aggrieved by a decision of the City Manager’s designee in relation to issuance of a gathering permit may appeal the decision to the City Manager. Such appeal shall be taken by filing with the City Manager within ten (10) days after the date of the decision, a written statement requesting a hearing before the City Manager and fully setting forth the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five (5) days prior to the date set for the hearing. 4 307.500 Gathering Permit Conditions: The City may attach such reasonable conditions to the gathering permit as are deemed necessary to protect the public health, safety and welfare, including , but not limited to the following: a) Location and hours during which the gathering may be held. b) Sanitation/availability of potable water. c) Security/crowd management. d) Parking and traffic issues. e) Emergency gathering notification and evacuation plan. f) Clean-up of premises and surrounding area/trash disposal. g) Lighting. h) Fire service/safety. i) Temporary construction, barricades/fencing. j) Removal of advertising/promotional materials. k) Noise levels. l) Alcohol consumption. m) Notification of surrounding businesses/property owners regarding street closures and gathering related restrictions. n) Any other conditions which the City deems necessary. 307.600 Gathering Permit Additional Requirements: 307.601 Rules and Regulations: All gatherings are subject to all applicable federal, state and local laws, rules and regulations. 307.602 Permits/Licenses/Approvals: The sponsor shall obtain all permits, licenses and/or approvals required by all applicable federal, state and local laws, rules and regulations for the gathering including but not limited to liquor licenses and electrical permits. 307.603 Maintenance of property: The sponsor shall keep the premises in a sanitary condition; remove all trash during and after the gathering; and provide adequate portable toilets if needed. Sponsor shall instruct all vendors about recycling requirements and shall provide receptacles for collection of recyclables. Sponsor shall be responsible for repair of any damages to any private or public property resulting from the gathering. 307.604 Street Closures: Street closures must be approved by the City Manager or his/her designee in advance. Considerations in determining whether to approve a street closure shall include but not be limited to: effects on public safety, effects on traffic, duration and frequency of closures, other gatherings already permitted, and effect on City services or work. 307.605 Noise: In no circumstances shall the gathering exceed a noise level of 65 decibels as measured at any lot line of the property on which the gathering is held (as “lot line” and “property” are defined in City Code Section 1101.400). 307.606 Notice: The City may require written notification of neighboring property owners or tenants. If such notice is required it shall be provided to all properties within 500 feet of each lot line of the property on which the gathering is held (as “lot line” and “property” are defined in City Code Section 5 1101.400) and shall include the name of the gathering, the name of the sponsor, the date, time and hours of the gathering, and the name and phone number for a contact person(s) who will be available at the time of the gathering. 307.700 Gathering Permit Responsibility of Sponsor: The sponsor shall be responsible to ensure that the gathering activities and participants shall not violate the terms of the gathering permit or any federal, state or local law, rule or regulation. 307.800 Gathering Permit Violations or Complaints: Permit violations, nuisance complaints, code enforcement issues, or violations of any law, rule or regulation attributed to a gathering may be grounds for denial of future gathering permits. 307.900 Gathering Permit Enforcement: Any violation of this Section or of a gathering permit issued pursuant to this Section is subject to enforcement by any or all of the following: a) If it is a violation that affects the public health, safety and welfare, it is hereby declared a public nuisance, and is subject to all of the enforcement provisions of Section 605 of the City Code. b) Any violation is grounds for revoking the gathering permit or denying future applications for a gathering permit. c) Any violation shall constitute a misdemeanor and may be prosecuted as such. d) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. 307.1000 Gathering Permit Revocation: a) The Chief of Police may revoke a permit by written notice to the sponsor or a representative of the sponsor. The revocation shall be effective immediately upon receipt of notice and if the gathering has not completed it shall immediately cease operations. The notice shall inform the sponsor of the right to appeal the decision to the City Manager. b) Any sponsor aggrieved by the revocation may appeal to the City Manager. Such appeal shall be taken by filing with the City Manager within ten (10) days after the date of issuance of the written revocation notice, a written statement requesting a hearing before the City Manager and fully setting forth the grounds for the appeal. The City Manager may, in his or her sole discretion, stay the revocation of the gathering permit pending the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five (5) days prior to the date set for the hearing. 307.1100 Rental Permits: 307.1101 Application and Issuance: A complete application shall be submitted to the City on a form supplied by the City. The City Manager’s designee may approve or deny the rental permit. A rental permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare including, but not limited to, the facts and circumstances identified for the denial of a gathering permit as set forth in City Code Subsection 307.402. 6 307.1102 Fees and Costs: a) The permit holder shall be responsible for payment of all fees imposed in relation to the use of the public property and the rental permit. The fees shall be set forth in the City fee schedule and may include, but are not limited to, an application fee and a facility usage fee. b) The permit holder shall be responsible for payment of all costs incurred by the City in relation to the gathering including any damage that may occur as a result of the gathering. The costs may include, but are not limited to the following: use of City equipment, repair and res toration for any damage to public or private property, and additional police and/or fire protection or other City services. The City may require a deposit for costs incurred by the City. If a deposit is required it shall be administered in the same manner as a deposit for a gathering permit as set forth in City Code Subsection 307.304. 307.1103 Denial or Revocation: A rental permit may be denied or revoked in the same manner as a gathering permit as set forth in City Code Subsections 307.402 and 307.1000. A denial or revocation may be appealed in the same manner as a gathering permit as set forth in City Code Subsections 307.403 and 307.1000. 307.1104 Conditions: A rental permit may be conditioned in the same manner as a gathering permit as set forth in City Code Subsection 307.500. 307.1105 Additional Requirements: A rental permit is subject to all additional requirements that a gathering permit is subject to as set forth in City Code Subsection 307.600. 307.1106 Rules and Regulations: All gatherings are subject to all applicable federal, state and local laws, rules and regulations. The permit holder shall obtain all permits, licenses and/or approvals required by all applicable federal, state and local laws, rules and regulations for the gathering including but not limited to liquor licenses and electrical permits. 307.1107 Responsibility of Permit Holder: The permit holder shall be responsible to ensure that the gathering activities and participants shall not violate the terms of the rental permit or any federal, state or local law, rule or regulation. 307.1108 Enforcement: Any violation of this Subsection 307.1100 or of a rental permit issued pursuant to this Subsection is subject to enforcement by any or all of the following: a) If it is a violation that affects the public health, safety and welfare, it is hereby declared a public nuisance, and is subject to all of the enforcement provisions of Section 605 of the City Code. b) Any violation is grounds for revoking the rental permit or denying future applications for a rental permit. c) Any violation shall constitute a misdemeanor and may be prosecuted as such. d) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 3. This Ordinance shall become effective from and after its passage and publication and shall apply to all gatherings where the application is filed on or after January 1, 2017. 7 Passed by the City Council of the City of Prior Lake this 14th day of November 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 19th day of November, 2016. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On _______________ the City Council adopted Ordinance No. ____ amending Part 3 of the Prior Lake City Code by inserting a new Section 307 relating to Public and Private Gatherings; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Part 3 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. _____________ is lengthy. 3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for in spection at City Hall or in the Document Center on the City of Prior Lake Website after November 19, 2016. PASSED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2016 VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. __________ CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING CITY CODE PART 3 BY REPLACING SECTION 307 RELATING TO OUTDOOR EVENTS WITH A NEW SECTION RELATING TO PUBLIC AND PRIVATE GATHERINGS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The following is only a summary of Ordinance No. ____________. The full text will be available for public inspection after November 19th by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Part 3 of the City Code by inserti ng a new Section 307 related to public and private gatherings, including permit requirements, permit processing, scheduling and regulation of events. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 14th day of November 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Summary published in the Prior Lake American on the 19th day of November 2016. 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. ______________ AN ORDINANCE AMENDING CITY CODE PART 3, SECTION 316 RELATING TO COMMUNITY EVENTS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Section 316.200, the definition for “Community Event or Event” is amended by inserting the phrase “open to the public,” after the phrase “on City property or in a City facility”. 2. City Code Subsection 316.501 is amended by deleting the two uses of the phrase “law enforcement” and replacing them with the phrase “public safety”. 3. City Code Subsection 316.604 (d) is amended by deleting the phrase “City parks” and replacing it with the phrase “City facilities or on City property”. 4. City Code Subsection 316.802 is amended by deleting the phrase “, outdoor event permits, and amplified sound permits” and inserting the word “and” in front of the words “electrical permits”. 5. City Code Section 316.800 is amended by inserting new subsections 316.808 and 316.809 to read as follows: 316.808 Noise: In no circumstances shall the event exceed a noise level of 65 decibels as measured at any lot line of the property on which the event is held (as “lot line” and “property” are defined in City Code Section 1101.400). 316.809 Notice: The City may require written notification of neighboring property owners or tenants. If such notice is required it shall be provided to all properties within 500 feet of each lot line of the property on which the event is held (as “lot line” and “property” are defined in City Code Section 1101.400) and shall include the name of the event, the name of the sponsor, the date, time and hours of the event, and the name and phone number for a contact person. 6. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 7. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 14th day of November 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 19th day of November 2016. 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-XX AN ORDINANCE AMENDING CITY CODE PART 6, SECTION 605 RELATING TO PUBLIC NUISANCES AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Subsection 605.1006 (1) (a) is amended by inserting the phrase “including but not limited to a noise which exceeds 65 decibels as measured at any lot line of the property on which the noise originates (as “lot line” and “property” are defined in City Code Section 1101.400),” after the phrase “raucous noise disturbing to others,”. 2. City Code Subsection 605.1006 (1) (b) is amended by inserting the phrase “, including but not limited to a noise which exceeds 65 decibels as measured at any lot line of the property on which the noise originates (as “lot line” and “property” are defined in City Code Section 1101.400)” at the end of the sentence. 3. City Code Subsection 605.1006 (2) (a) is amended by inserting the sentence “An assembly at which noise exceeds 65 decibels as measured at any lot line of the property on which the noise originate s (as “lot line” and “property” are defined in City Code Section 1101.400) shall be deemed a noisy assembly.” at the end of the paragraph. 4. City Code Subsection 605.1006 (2) is amended by deleting (c) in its entirety. 5. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 6. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 14th day of November 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 19th day of November 2016.