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HomeMy WebLinkAbout02-13 Outdoor Events CITY OF PRIOR LAKE ORDINANCE NO. 02.13 AN ORDINANCE AMENDING SECTION 307 OF THE PRIOR LAKE CITY CODE REGARDING OUTDOOR EVENTS The City Council of the City Council Prior Lake does hereby ordain that: 1. Section 307 of the Prior Lake City Code is hereby amended in its entirety as set forth below: 307.100: (1) (2) 307.200: 307.201 DEFINITIONS: "Outdoor Event" means any gathering of fifty (50) people or more in one outdoor location where sound amplification is used to listen to a concert or some type of entertainment. "Person" means an individual, partnership, association, corporation or other organizational entity. LICENSING: No person, unless otherwise exempted herein, shall conduct an outdoor event without first obtaining a license from the City f','I;mager. A person seeking a license shall make application on a form supplied by the City Manager. The license application shall be submitted 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 organizing or sponsoring the event whether on behalf of themselves or a group or entity sponsoring the event. (2) The full name, date of birth, address, work and home phone numbers of he person(s) performing at the event. (3) (4) (5) The number of persons who will perform at the event. The date and time of the event. The steps taken to minimize noise and nuisances, including parking plans to accommodate the number of individuals expected to attend the event. (6) 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 event is to be electronically amplified. Exception: Outdoor sporting events do not require an outdoor event license. 16200 Eagle Creek Ave. S.E.. Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 307.300: 307.301 307.400: 307.401 307.402 307.403 307.404 307.405 307.500: 307.600: LIMITATION ON LICENSES: Except as provided herein, (1) no person may receive a license for more than two outdoor events within any calendar year; and (2) no location within the City may be used four times within any calendar year as a venue for an outdoor event. Exceptions: The limitation to two events in one calendar year shall not apply to (a) lakefront Park, Memorial Park, and Sand Pointe Park; or (b) Prior Lake School District property. ADDITIONAL REQUIREMENTS: 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 outdoor event. No license shall be granted without such consent being filed. All outdoor event activities must be contained on the approved event site. Except as provided for in Section 307.301, nor outdoor event shall be allowed on City-owned property or public streets. All speakers used to amplify any activity at the event are to be set up at ground level. Any deviations from ground level amplification must have prior approval by the City Manager as part of the application process. 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 event. All license applications shall be accompanied by a written agreement by the person or organization seeking the license that the person or organization will defend, hold harmless and indemnify the City, its employees, 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 event, which agreement shall also provide for the repair of or payment for damages to public property. All license applications submitted to the City for approval shall be accompanied by payment of such license fees as determined 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 Manager to cover cleanup costs and direct police costs incurred by the City in connection with the event. Any balance remaining after payment of cleanup costs and direct police costs incurred by the City shall be refunded to the license applicant. ApPEALS: In the event the City Manager denies a license to an applicant, the applicant may appeal the denial of the license to the City Council. The City Council may, in its discretion, grant or refuse to grant the issuance of the 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. DECIBEL LEVEL: Outdoor events shall not exceed a decibel level of sixty five (65) decibels at a distance of one hundred feet (100') from the event site. The Prior lake Police Department may 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 event. 307.700: 307.701 307.800: HOURS: No outdoor event shall commence before eight o'clock (8:00) a.m. nor continue after ten o'clock (10:00) p.m., Sunday through Friday. The outdoor event application should clearly identify the hours requested for the event. Exception: Events held on a Friday or Saturday may, at the discretion of the City Manager, be extended until 12:00 am. In determining whether to extend the event held on a Friday or Saturday until 12:00 am, the City Manager may consider circumstances including, but not limited to, the location of the property relative to residential property, type of amplification equipment used, noise mitigation efforts to be undertaken, presence of on-site police personnel, previous experience with applicant, and the extent to which the event is designed to appeal to all or a large percentage of City residents. CLEANUP: All applicants must cleanup the outdoor event area and the immediate surrounding area as soon as possible after the outdoor event has concluded. (Cleanup includes picking up and disposal of all plastic cups, glasses, plates, napkins, garbage and other incidentals.) The City official inspecting the outdoor event site shall check the outdoor event area and immediate surrounding area to determine compliance with the cleanup requirement. The City official inspecting 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 event shall be deducted from applicant's deposit. 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 event security by all present at the outdoor event. The number of security personnel shall be determined by the City Manager or his/her assigned representative. 307.1000: NOTIFICATION To NEIGHBORS: At least two (2) weeks prior to the scheduled outdoor event, the applicant shall notify, in writing, all residents within five hundred feet (500') of the event location. The notification shall include the name of the sponsoring organization. or person, the date, time and hours of the event and the name of a contact person, including address and phone numbers, for the neighbors to contact if there are any questions. The applicant shall provide the City Manager with proof that said notification has been made. Failure to notify all residents within five hundred feet (500') may be cause for revocation of the license prior to the event 307.1100: FUTURE EVENTS: Any person who has previously been licensed pursuant to the provisions of this Section may be denied a license for a subsequent outdoor event if violations of the provisions of this Section occurred at previous outdoor events sponsored or held by the same person(s). The City Manager may approve the license with modifications and conditions as he deems appropriate to protect the health, safety or welfare of the public. Any person who had been denied a license by the City Manager based upon prior violations of this Section at a previously licensed outdoor event, may appeal the City Manager's decision to the City Council. 307.1200: PENALTY: 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 event and the license shall be revoked. Any person who violates the provisions of this Section shall be guilty of a misdemeanor. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake on July 15, 2002. Published in the Prior Lake American on ,).dy 2f) 200l .. CITY OF PRIOR LAKE ORDINANCE NO. 02-13 AN ORDINANCE AMENDING SECTION 307 OF THE PRIOR LAKE CITY CODE RE- GARDING OUTDOOR EVENTS The City COuncil of the City Conncil Prior Lab doe. hereby ordairi that: l. SecliaIl 307 of the Pri<>r Lake , ,". .. '" -~-{')"~llI;e1lI~'~""Y iladIerlIli ~f[fti ~ 16 lit ml>Ie'in one outdoor location w ere lOand ampli- fication is nsed to listen to a concert or some type of entertailiment. (2) "Person" means an iridividna1, partnership, association, corporation or other organizational entity. 307.200: LICENSINO: No per- son, unless otherwise exempted herein, sha11 conduct an outdoor event without first obtaining a license from the City Manager. ApersonseekingaJi~sha11 make application on a form snpphed by theCity ~r. the IicenseappJication sha11 be .ubmitted to the City thirty .~~J daysprk>rtothedateofthe~ and iriclnde: (I) the lull name, date of birth, IIlIdreu workandhomephonenumbersof the pe~ reaponsible for organizing or sponsoring the event whether on behalfof themselvesor.grouporenlity~g the event. (2) The full name, date of birth, address, workandhornephonenumbers of the person(s) perfomring at the event. (3) The number of persons who will perform at the event. (4) Thedateandtimeofth~~~t. (5) The steps taken to mmmnze noiseandml~incJudina;~plans loacrl"""'<ldatethenumber<>findivi,duaIs I~"'I"'(>W) I maybe cause lbrrevocationof the license , prior to the ~t i 307.1100: ' F\JTURE,EVBNTS: Any person. u.previoualy been liC0D8ed purauant to the JIIOVisiona of this Section , may be deaied alioense for a subsequent outdoor event if violations of the provi- sions nfthis ~on occurred at previous outdoor events sponaored or held by the same persoo(s). The City Manager may approve the license with modifications I and conditions .. he deems appropriate to prolectthehea1lh., safety orwelfllreofthe pnhlic. Any ~~~ denied a :-~~~W~~~.= I ~Ii ~.!:;~ ......~ I ~~t . 's decision In 1tIe City , 307.1200: i'ENALTY: Any per_ son who vio~ any provision <>f this Section or who violates" any condition or requirement ofalioense issued pnrsuantln this Section sha11 be iDfutmecI that they must ;mmM;.~ly disoontinue the event and the lioeose sha11 be revoked. Any person who violates" the provisiona of this Section sha11 be guilty ofa m;,n""leallOl". ThisordinariCe s&anbocomeefl'ective npon its passage and pnblication. Passed by the City Conncil of the City of Prior Lake onJu!y IS, 2002. (Pnblished in the,Prior Lake American on Saturday, July 20, 2002; No. 7871) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33IA.02, 33IA.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 7f! /} I was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the ns of the newspaper specified. Printed below is a copy of the 10 case alphabet fro :A to Z, oth inclusive, and is hereby acknowledged as being the kind an siz of type used i e compost 'on and publication of the Notice: By: abcdefghijklmnopqrstuv Subscribed and sworn before me on this olo1ayof ,2002 GWEN M. RADUENZ NOTARY PUBLIC MINNESOTA My Commission ~ires Jan. 31. 2005 Notary Pnblic RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $20.00 per column inch Maximum rate allowed by law for the above matter................................. $20.00 per column inch Rate actually charged for the above matter............................................... $10.23 per column inch