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CITY OF PRIOR LAKE
ORDINANCE NO. 88-03
AN ORDINANCE ADOPTING PRIOR LAKE CITY CODE TITLE 3, CHAPTER 12.
The Council of the City of Prior Lake does hereby ordain:
Title 3, Chapter 12 of Prior Lake City Code is hereby adopted and
shall read as follows:
SECTION:
3-12-1:
3-12-2:
3-12-3:
3-12-4:
3-12-5:
3-12-6:
3-12-7:
3-12-8:
3-12-9:
CHAPTER 12
OUTDOOR CONCERT ORDINANCE
Definitions
Licensing
Exemptions to Licensing
Additional Requirements
Hearing
Decibel Level
Hours
Future Concerts
Penalty
3-12-1: DEFINITIONS: An outdoor concert is any gathering of
fifty (50) people or more in one outdoor location to
listen to a concert of some type of musical entertainment. A person
is an individual, partnership, association, corporation or other
organizational entity.
3-12-2: LICENSING:
(A) No person shall conduct an outdoor concert or music event
without first obtaining a license from the City Manager.
(B) The applicant shall make application on a form supplied by
the City Manager and furnish the following information to the
City thirty (30) days prior to the date of the event:
1. The name, address and phone number of the person, group
or entity responsible for the sponsorship of the event.
2. The name, address and phone number of the person who
represents the musical group involved.
3. The date(s) and time(s) of the event.
4. The number of musicians who will perform at the event.
5. The type of music and the method of amplification.
6. The steps taken to minimize noise and nuisances.
7. The name, address and phone number of the sound
technician who will operate the sound panel controlling the
loudness if the music is to be electrically amplified.
3-12-3: EXEMPTIONS TO LICENSING: The licensing requirements of
this ordinance shall not apply to any outdoor religious
ceremony or any outdoor concert or music event sponsored by the City
of Prior Lake or the Prior Lake School District.
3-12-4: ADDITIONAL REQUIREMENTS:
(A) All applications shall be accompanied by the written consent
of the property owner or tenant of property sought to be used
for the concert. No license shall be granted without such
consent being filed. All concert activities must be contained
on the approved concert site.
(B) All 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 concert.
(C) All applications shall be accompanied by a written agreement
by the person or persons seeking the license that he, she or
they 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 concert, which agreement shall also provide for the
repair of or payment for damages to public property.
(D) All applications submitted to the City for approval shall be
accompanied by payment of a license fee as determined by the
City Council. Concerts or musical events organized by
non-profit organizations such as religious organizations or
community associations may have the fee waived if permission
is granted by the City Council.
3-12-5: HEARING: In the event the City Manager denies a license
to an applicant, the applicant may request a hearing on
the application before the City Council. Upon hearing, the City
Council may in its discretion grant or refuse to grant the issuance
of 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.
3-12-6: DECIBEL LEVEL: outdoor concerts shall not exceed a
decibel level of 65 decibels at a distance of one hundred
feet (100') from the concert site. The Prior Lake Police Department
shall 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 concert or
music event.
3-12-7: HOURS: No outdoor concert shall commence before 8:00
o'clock A.M. nor continue after 11:00 o'clock P.M. Sunday
through Friday. The 11:00 o'clock P.M. curfew may be extended to
12:30 A.M. on Saturdays with the approval of the city.
3-12-8: FUTURE CONCERTS: Any person who had previously been
licensed pursuant to the provisions of this ordinance,
may be denied a license for a subsequent outdoor concert in the event
of violations of the provisions of this ordinance at prior concerts.
The maximum number of licenses to be issued to any person will be for
two one-day concerts within a twelve (12) month time period.
Any person who has been denied a license by the City Manager based
upon prior violations of the ordinance at a previously licensed
outdoor concert, may appeal the City Manager's decision to the City
Council. In addition, additional requests by the same person for the
issuance of licenses for additional outdoor concerts exceeding the
maximum permitted by this section may be made to the City Council.
3-12-9: PENALTY: Any person who violates any provision of this
Chapter or who violates any condition or requirement of a
license issued pursuant to this Chapter shall be informed that they
must immediately discontinue the concert and the license shall be
revoked. Any person who violates the provisions of this ordinance
shall be guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not more than seven hundred dollars ($700.00)
and/or imprisonment in the County jail for not more than ninety (90)
days, plus the costs of prosecution in either case.
This ordinance shall become effective from and after its passage and
publication.
the Council this 20th day of
June
, 1988.
~d,~ Cn/A,__
May
in the Prior Lake American on the 27 day of June
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1100 TCF Tower
Minneapolis, Minnesota 55402