HomeMy WebLinkAbout116-03 Community Events Ordinance
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 116-03
AN ORDINANCE AMENDING CITY CODE PART 3 BY INSERTING A NEW 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 Part 3 is amended by inserting a new Section 316 to read as follows:
316.100: FINDINGS: The City of Prior Lake recognizes the value of community events in building a vibrant
and healthy community. The City promotes regular and active use of public property and
encourages a wide variety of community events.
The purpose of this Section is to provide guidance to event organizers, to ensure a safe and
successful event, and to ensure that:
a) Approval or denial of community event permits are considered using an open, inclusive, and
transparent method based on uniform criteria.
b) Appropriate insurances and licenses are obtained, and the City's risk exposure is properly
evaluated.
c) Adequate protection of public health, safety and welfare of citizens is provided for.
d) Adequate staffing levels are in place.
Community events can often exceed the City's capacity to provide usual City services.
Regulations are necessary to ensure that such events are conducted with sufficient consideration
given to public safety issues, including, among other considerations, the impact of such events on
parking and vehicular traffic within the City, and expenditure of City funds. All events are subject
to all applicable federal, state and local rules and regulations.
316.200 Definitions: For purposes of this Section, the following terms shall have the
following meanings:
Community Event or Event is defined as a gathering of at least 25 individuals on City property or
in a City facility, assembled with a common purpose. Community events include, but are not
limited to: concerts, fairs, carnivals, circuses, parades, athletic tournaments, flea markets,
marathons, walkathons, festivals, races, bicycle events, celebrations or any other gathering or
events of similar nature. Community events also include the use of any City property or facility for
a commercial venture regardless of the number of individuals involved in the project.
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 a ny other entity.
Premises is defined as the City property and/or facilities used for the event.
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Sponsor is defined as the person who finances and is responsible for an event.
Vendor is defined as someone who offers or sells goods or services.
316.300 Classifications. The City shall assign each event a group number pursuant to the following
classifications. If an event qualifies for more than one group, it shall be assigned to the lowest
group number for which it qualifies. The classifications are established for purposes of evaluation
and issuance of the event permit and for fee and cost applicability.
Group I - Prior Lake City Government: Any event co-sponsored by the City of Prior Lake
including, but not limited to, City co-sponsored or hosted programs, events and public
meetings. City co-sponsorship or hosting of an event must be approved in advance by the
City Council.
Group II – Prior Lake Civic/Non-Profit Agencies: Any event sponsored by a civic or non-
profit agency which is based in or serves the community of Prior Lake. A civic or non -profit
group is considered to be based in or serving the community of Prior Lake if it’s mailing
address is in the City or in the Prior Lake-Savage school district boundaries. Group II includes
but is not limited to, Prior Lake-Savage School District, Prior Lake Rotary, Prior Lake Youth
Athletic Associations, Prior Lake Chamber of Commerce and Prio r Lake-based religious
organizations.
Group III – Prior Lake Residents and Businesses: Any event sponsored by a resident,
commercial organization or business located or residing in the City of Prior Lake.
Group IV –Other: Any event sponsored by any other person, including but not limited to,
League of Women Voters, political meetings, rallies or conventions, etc.
316.400 Fees and Costs: The sponsor shall be responsible for all fees and costs related to the event.
316.401 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.
316.402 Facility Usage Fee: A facility usage fee shall be submitted to the City after the event permit has
been approved but prior to its issuance. 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.
316.403 City Costs. The sponsor shall be responsible for all costs incurred by the City in relation to the
event including any damage that may occur as a result of the event. The costs include, but are
not be limited to the following:
a) Electricity
b) Water
c) Use of City equipment
d) Staff time for: street closures, posting of no parking signs, assistance with crowd control,
delivery, set up and tear down of equipment, etc.
e) Repair and restoration for any damage to public or private property
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f) Additional police and/or fire protection or other City services
316.404 Deposit. After the event permit has been approved but prior to its issuance, the sponsor shall
deposit with the City a cash escrow for the costs incurred by the City in conjunction with the event
(“costs”). 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 event. The amount of the escrow shall set by the City based upon an estimate of th e 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 event is complete, the City shall invoice the sponsor for the difference. The invoice shall
be paid within 30 days of receipt.
316.405 Waiver: The application fee shall be waived for Group I and Group II events. In addition, any
sponsor may request waiver of any costs or fees imposed by this subsection. Waivers may only
be approved by the City Council and shall meet the public purpose expenditure guidelines as
follows:
a) promotes the health, safety, and welfare of the city, and
b) does not have as its primary objective the benefit of a private interest.
316.500 Permit required: An event permit is required to hold a community event within the City.
316.501 Exceptions: An event permit is not required for the following:
a) Community events sponsored by the City of Prior Lake.
b) Funerals and funeral processions.
c) Non-commercial, private events held in City parks, such as weddings, graduation parties or
reunions.(Note: private events requesting public services will be billed for those services.)
316.600 Application: A complete application shall be submitted to the City at least 45 days b ut no more
than 270 days in advance of the event, except that certain large scale annual events approved in
advance by the City Council (Lakefront Days co-sponsored by the Chamber of Commerce and
Music Fest sponsored by Rotary) may apply up to 360 days in advance of the event. Application
forms are available at the City. The application shall indicate the proposed priority classification,
identify the premises to be used, provide projected revenues and expenses as well as prior year
revenues and expenses if applicable, include all other information requested by the City and shall
be accompanied by an application fee.
316.601 Issuance: The City Manager or his/her designee may approve or deny the event permit or the
event permit may be referred to the City Council for approval or denial.
316.602 Evaluation Criteria: The criteria listed below will be used in evaluating each event permit in relation
to costs, waivers, street closures and other conditions and/or regulations. Please note that not all
criteria apply to every event.
a) Event classification as set forth in subsection 316.300.
b) Event has wider community benefit beyond supporting organization.
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c) Event is marketed beyond Prior Lake with the potential to attract visitors from a broader region
that will contribute to the local economy.
d) Event is presented by proven organization and supported with sufficient volunteers.
e) Prior year and projected revenues and expenses.
f) Event will build/enhance community.
g) Event meets public purpose expenditure guidelines:
i) promotes the health, safety, and welfare of the city, and
ii) does not have as its primary objective the benefit of a private interest.
h) Events that have previously received approval will be required to provide a recap of the
previous event to include estimated attendance, marketing and economic benefit.
i) Number and type of comments or complaints relating to the event and whether such
comments and complaints have been substantiated.
j) Extensiveness of street closures for event.
316.603 Scheduling: Upon receipt of a complete application the City will tentatively place the event on the
calendar if the requested date(s) are available. Once placed on the calendar, the event will only
be removed if the application is withdrawn or denied. There is no assurance the City will be able
to accommodate future recurring events on the same or similar dates.
316.604 Grounds for Denial: An event 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 event is not permitted by zoning or other law, statute, rule or regulation.
b) The location of the community event would cause undue hardship for adjacent businesses or
residents.
c) Another community event 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 community events.
d) The community 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 community event would unreasonably deny law enforcement protection to the remainder of
the City and its residents.
e) The time, route, hours, location or size of the community event could cause a threat to public
safety, interference with normal traffic flow, congestion, or inconvenience to the public.
f) The location of the community event 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 comply with liability insurance requirements or the sponsor's insurance
lapses or is canceled.
i) The sponsor fails to agree to abide or comply with all of the conditions and terms of t he
community event permit and this Section.
j) The community event would seriously inconvenience the general public's use of public
property, services, or facilities.
k) The community event would create or constitute a public nuisance.
l) The community event could cause significant damage to public property or facilities.
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m) The event is contrary to the promotion of health, safety, and welfare of the City.
n) The community event would engage in or encourage participants to engage in illegal acts.
o) The sponsor is a minor at the time of the event.
p) The sponsor hosted a previous event that violated this Section.
q) The sponsor has delinquent fees, charges or other outstanding financial claims with the City.
316.605 Appeal of Denial: Any sponsor aggrieved by a decision of the City Manager or his/her designee in
relation to issuance of an event permit may appeal the decision to the City Council. Such appeal
shall be taken by filing with the City Manager within ten (10) days after date of the decision, a
written statement requesting a hearing before the City Council and setting forth fully 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 hearing.
316.700 Permit Conditions: The City may attach such reasonable conditions to the event 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 event may be held.
b) Sanitation/availability of potable water.
c) Security/crowd management.
d) Parking and traffic issues.
e) Emergency event 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 event
related restrictions.
n) Any other conditions which the City deems necessary.
316.800 ADDITIONAL REQUIREMENTS:
316.801 Rules and Regulations: All events are subject to all applicable federal, state and local laws, rules
and regulations.
316.802 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 event
including but not limited to liquor licenses, electrical permits, outdoor event permits, and amplified
sound permits.
316.803 Maintenance of public property: The sponsor shall keep the premises in a sanitary condition;
remove all trash during and after the event; and provide adequate portable toilets if needed.
Sponsor shall instruct all vendors about recycling requirements and shall provide receptacles for
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collection of recyclables. Sponsor shall be responsible for repair of any damages to any private or
public property resulting from the event.
316.804 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
events already permitted, and effect on City services or work.
316.805 Insurance: Sponsor and vendors shall maintain the insurance required by the City for the event
and shall provide proof of such insurance to the City.
316.806 Maintenance of Animals: Sponsor may be permitted to allow cattle, horses, and other approved
animals on the premises if approved with the event permit. The permit may allow animals on the
premises for a reasonable period before and after the particular show or event. The animals shall
be maintained in a humane and orderly fashion so as to not cause a disturbance to the public.
Sponsor shall clean up the premises of any animal waste or feed immediately after the conclusion
of the event.
316.807 Waivers: The City may require waivers from participants in any community event. If such waivers
are required the sponsor shall provide them to the City prior to participation. No person shall be
permitted to participate in the event without providing a signed waiver.
316.900 Responsibility of Sponsor: The sponsor shall be responsible to ensure that the event activities
and participants shall not violate the terms of the event permit or any federal, state or local law, rule
or regulation.
316.1000 Violations or Complaints: Permit violations, nuisance complaints, code enforcement issues, or
violations of any law, rule or regulation attributed to an event may be grounds for denial of future
event permits for the sponsor.
316.1100 Enforcement: Any violation of this Section or of an event 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 event permit or denying future applications for an event
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.
316.1200 Revocation:
a) The City staff may recommend revocation of an event permit to the City Manager. The City
Manager shall review the recommendation and the reasons supporting the recommendation
and may revoke the event permit. The City Manager shall provide written notice of the
revocation in person or by mail to the sponsor or a representative of the sponsor. The
revocation shall be effective immediately upon receipt of notice and if the event has not
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completed it shall immediately cease operations. The notice shall info rm the sponsor of the
right to appeal the decision of the City Manager to the City Council.
b) Any sponsor aggrieved by the revocation may appeal to the City Council. Such appeal shall
be taken by filing with the City Manager within ten (10) days after date of issuance of the
written revocation notice, a written statement requesting a hearing before the City Council and
setting forth fully the grounds for the appeal. The City Manager may, in his or her sole
discretion, stay the revocation of the event 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 hearing.
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.
Passed by the City Council of the City of Prior Lake this 14th day of March 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 19th day of March 2016.
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
ORDINANCE NO 116-03
AN ORDINANCE AMENDING'
CITY CODE PART 3 BY Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
INSERTING A NEW agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
SECTION 316 RELATING TO.'; dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
COMMUNITY EVENTS AND ' follows:
ADOPTING BY REFERENCE
CITY CODE SECTION 104, (A)These newspapers have complied with the requirements constituting qualification as a legal
WHICH AMONG OTHER newspaper,as provided by Minnesota Statute 331A.02 331A.07 and other applicable laws asTHINGS CONTAINS
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PENALTY PROVISIONS. amended.
The 'following is only a' k
summary of Ordinance No.116 (B)The printed public notice that is attached to this Affidavit and identified as No. v t
03. The full text will be available' was published on the date or dates and in the newspaper stated in the attached Notice and said
for public inspection after Marchi Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
19, 2016 by any person during the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
regular office hours at City Hall inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
or in the Document Center on the', and publication of the Notice:
City of Prior Lake Website.
SUMMARY:The Ordinance, abcdefghijklmnopgrstuvwyz
amends Part 3 of the City Code
by inserting a new Section 316 c
related to Community Events, /
including permit requirements, ° ` ` � -
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permit processing, scheduling By' '
and regulation of events. Laurie A.Hartmann
This ordinance shall become'
effective from and after its
passage and publication. Subscribed and sworn before me on
Passed by the City Council of
the City of Prior Lake this:14th',
day of March 2016.
ATTEST; -f.
Frank Boyles,City Manager this day of� / �` _ '2016
Kenneth L.Hedberg,Mayor �,-
(Published in the Prior., Lake;
American on Saturday,March 19, JYMMEJEkINE17EK ,
2016;No.7651) ° NOTARY ISI BUC•POiNESOTA
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch
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