HomeMy Public PortalAbout448CITY OF MEDINA
ORDINANCE NO.448
AN ORDINANCE REGULATING SPECIAL EVENTS
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS
AS FOLLOWS:
Section I. The Medina code of ordinances is amended to add new section 230 et seq.
as follows:
SPECIAL EVENTS
230.01. Purpose. It is the purpose of the city council to regulate the time, place and
manner of special events when the event's impact upon the health, sanitary, fire, police,
transportation and utility services exceeds those regularly provided to that property. This
section is enacted in order to promote the health, safety and welfare of all residents and
visitors of the city by ensuring that special events do not create disturbances, become
nuisances, menace or threaten life, health or property, disrupt traffic or threaten or
damage private or public property. It is not the intent of the city council by enacting this
section to regulate in any manner the content of speech or infringe upon the right to
assemble, except for regulating the time, place and manner of speech and assembly and
this section should not be interpreted or construed otherwise.
230.03. Definitions. For the purposes of this ordinance, the following terms shall have
the meanings given to them unless the context clearly indicates another meaning:
Subdivision 1. "Special Event" means any concert, parade, fair, show, festival, carnival,
rally, party, filming of a movie, video or television show, motorcade, run, street dance,
bike-a-thon, race, walk or athletic event or other attended entertainment or celebration
that is to be held in whole or in part upon publicly owned property or public right-of-way,
or, if held wholly upon private property, will require the use of Special Services; and
Subd. 2. "Special Services" means the exclusive allocation of city resources, including,
but not limited to, city personnel, equipment, rights -of -way, property or facilities for use
in conjunction with a specific event or activity, as requested by the host or sponsor of the
event, or as requested by or on behalf of any person attending the event, or deemed
necessary by city staff in order to maintain public safety. Special Services shall include,
but not be limited to, any of the following: street closures; requiring police officers to
stop or reroute traffic; special police protection; stationing emergency vehicles at or in
the immediate vicinity of the event; exclusive use of city streets as a staging area or for
event parking; additional street cleaning and garbage removal services; special signage,
such as temporary no parking signs; the use of any city building, equipment or other
property for any purpose other than the normal daily operations of the city; or the city
otherwise providing exclusive services.
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July 15, 2008
230.05. Permit Required; Exceptions.
Subd. 1. Any person or organization desiring to hold a Special Event in the city must first
obtain a Special Event permit from the city in addition to any other permits required for
the event by state law or city ordinance.
Subd. 2. The following are exempt from the permit requirements:
a) Wedding ceremonies and receptions, funeral ceremonies and funeral
processions;
b) Any event attended by fewer than 200 persons at one time which does not
require any Special Services and does not involve the sale of alcohol;
c) Any event that is otherwise regulated by the city through the use of
another regulatory manner, such as an interim use permit or conditional
use permit; and
d) The use of traditional public forums as alternative channels of
communication by the public, provided that such use is for the free
exercise of constitutionally protected activities and does not disrupt or
interfere with traffic on public streets or the use of public places by other
members of the public.
230.07. Permit application.
Subd. 1. Form. Application for a permit to hold a Special Event must be made in writing
and must contain a statement made upon oath or affirmation that the statements contained
therein are true and correct to the best knowledge of the applicant and must be signed and
sworn to or affirmed by the individual making application in the case of a corporation, by
all partners in the case of a partnership, or by all officers of an unincorporated
association, society or group, or, if there are no officers, by all members of such
association, society, or group. The application must contain and disclose the following:
a) Applicant name, address, phone number;
b) Date of proposed Special Event;
c) Address of proposed Special Event;
d) Name of property owner, if different from applicant;
e) Type and description of the Special Event and a list of all activities to take
place at the Special Event;
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July 15, 2008
f) Estimated number of persons to attend;
g) Duration of the Special Event, including beginning and ending times;
h) Any public health plans, including supplying water to the site, solid waste
collection and provision of toilet facilities, if applicable;
i) Any fire prevention and emergency medical services plans, if applicable;
i)
Any security plans, if applicable;
k) The admission fee, donation or other consideration to be charged or
requested for admission, if applicable;
1) Whether food or alcohol will be served or sold at the event;
m) A detailed description of all public rights -of -way and private streets for
which the applicant requests the city to restrict or alter normal parking,
vehicular traffic or pedestrian traffic patterns, the nature of such
restrictions or alterations, and the basis;
n) A description of any services, city personnel, city equipment and city
property which the applicant requests the city to provide, including the
applicant's estimate of the number and type needed, and the basis on
which the estimate is made;
o) Whether any sound amplification or public address system will be used or
if there will be any playing of any music or musical instruments;
p)
q)
A statement signed by the applicant either agreeing to pay all fees and
meet all other requirements of this section, or representing to the city that
the applicant is duly authorized to make such agreement on behalf of the
person or organization holding or sponsoring the Special Event;
Applicant signature and property owner's signature, if different from
applicant; and
r) Any other information requested by the city, acting through its city
administrator or chief of police deemed reasonably necessary in order to
determine the nature of the Special Event and the extent of any Special
Services required.
Subd. 2. Time for filing. A Special Event permit application must be filed with the city
at least 30 days in advance of the date in which the Special Event is to occur.
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July 15, 2008
Subd. 3. Permit fee. An applicant for a Special Event permit must pay a nonrefundable
permit fee in the amount established from time to time by the city's fee ordinance.
230.09. Permit Review.
Subd. 1. Upon receipt of a Special Event permit application, the city administrator shall
be responsible for promptly processing the application, including conferring with
department heads and the applicant as necessary to implement the provisions of this
section, and, when required by this section, forwarding the processed application to the
city council with a recommendation to approve, approve with conditions or
modifications, or deny the special event permit application.
Subd. 2. Special Services. The city administrator shall promptly distribute copies of the
application for review by the head of each department in cases where Special Services are
requested or will be necessary. Each such department head shall review the application
and evaluate the Special Services and shall report to the city administrator, with a
recommendation that application and the requested Special Services be approved,
approved with conditions or modifications, or denied. Each department head shall also
provide the city administrator with a cost estimate for the Special Services associated
with his or her department.
Subd. 3. Review. When a Special Event will not require any Special Services or does
not require a significant amount of Special Services, the city administrator may review
the permit application administratively. In cases where a Special Event requires a
significant amount of Special Services, the application will be presented to the city
council for review. The city council may hold a public hearing on the permit application.
It may also refer the permit application to the planning commission for its review and
recommendation.
Subd. 4. Permit Denial. The city may deny an application for a Special Event permit if it
determines from a consideration of the application or other pertinent information, that:
a) The information contained in the application or supplemental information
requested from the applicant is false or nonexistent in any material detail;
b) The applicant fails to supplement the application after having been
notified by the city of additional information or documents needed;
c) The applicant fails to agree to abide or comply with all of the conditions
and terms of the Special Event permit, including payment of all costs and
expenses;
d) The Special Event would substantially or unnecessarily interfere with
traffic in the city, would interfere with access to the fire station or fire
hydrants, or would interfere with access to businesses or residences in the
immediate vicinity of the event and there are not sufficient city resources
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July 15, 2008
available at the time of the event to mitigate the disruption;
e) The Special Event is of the size or nature that requires the diversion of so
many law enforcement officers to properly police the event, site and
contiguous areas that allowing the Special Event would unreasonably deny
law enforcement protection to the remainder of the city and its residents;
fj The proposed date and time of the Special Event conflicts with a
previously scheduled event and there are not available at the time of the
proposed Special Event sufficient city resources to provide services for
both events without substantially or unnecessarily interfering with police,
fire, water, public works or other services to the city as a whole;
g)
The location of the Special Event will substantially interfere with any
construction or maintenance work scheduled to take place upon or along
public property or right-of-way;
h) The Special Event would likely endanger the public safety or health;
i) The Special Event would substantially or unnecessarily interfere with
police, fire, water, public works or other services to the city as a whole
and there are not available at the time of the proposed event sufficient city
resources to mitigate the disruption;
J)
The applicant fails to comply with the liability insurance requirements or
the applicant's insurance lapses or is canceled;
k) The Special Event would likely create or constitute a public nuisance;
1) The Special Event would be likely to cause significant damage to public
property or facilities;
m) The Special Event would engage in or encourage participants to engage in
illegal acts; or
n) The applicant, responsible party or the person on whose behalf the
application is submitted has on prior occasions made material
misrepresentations regarding the nature and extent of Special Services
required for a Special Event in the city, or has violated the terms of a prior
Special Event permit.
Subd. 5. Appeal. If the city administrator denies an application for a Special Event
permit, the applicant may appeal the city administrator's decision to the city council. An
appeal must be filed with the city administrator in writing no later than 10 days from the
date of the city administrator's decision.
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July 15, 2008
230.11. Permit Issuance.
Subd. 1. Permitted areas. Because of the predominantly residential character of the city
and the relatively small size of the commercially zoned areas resulting in the potential for
conflicting uses, Special Events will be permitted within the city only after a finding by
the city that the character of the proposed Special Event is compatible with the character
of the surrounding neighborhood considering the possible creation of problems including
noise, lighting, traffic, sanitation, congestion and other factors affecting the public health,
safety and welfare of such areas in addition to compliance with all ordinances of this city
and applicable statutes and regulations.
Subd. 2. Permit Conditions. The city may condition the issuance of a Special Event
permit by imposing reasonable conditions concerning the time, place and manner of the
Special Event, and such conditions as are necessary to protect the safety of persons and
property, and the control of traffic; provided that such conditions shall not unreasonably
restrict the right of free speech. The city may inspect the property upon which the
Special Event is to be held prior to the event in order to make certain there is compliance
with all permit conditions. Such conditions may include, but are not limited to:
a) Alteration of the date(s), time(s), route(s) or location of the Special Event
proposed;
b) Elimination of an activity at the Special Event which cannot be mitigated
to a point as to ensure public safety and welfare, or which causes liability
to the city;
Requirements concerning the area of assembly and disbanding of a parade
or other events occurring along a route;
Requirements concerning the accommodation of pedestrian or vehicular
traffic, including restricting the event to only a portion of the street or
right-of-way;
e) Requirements for the use of Special Services;
f) Requirements for the use of traffic cones or barricades;
g) Requirements for the provision of first aid or sanitary facilities;
h) Requirements for the use of Special Event monitors and the providing
notice of the Special Event's permit's conditions to the event's
participants;
i) Requirements on the number and type of vehicles, animals or structures to
be allowed at the Special Event and the inspection and approval of floats,
structures and decorated vehicles by the city for safety purposes;
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July 15, 2008
j) Compliance with animal protection ordinances and laws;
k) Requirements for the use of garbage containers and the cleanup and
restoration of any public property;
1) Restrictions on the use of amplified sound, public address systems and the
playing of music and musical instruments and compliance with noise
ordinances, regulations and laws;
m) Limitations on the maximum attendance;
n) Requiring notice of the Special Event to be provided to surrounding
property owners; and
o) Restrictions on the sale or consumption of food or alcohol.
Subd. 3. Permit Issuance. When a Special Event will not require any Special Services or
does not require a significant amount of Special Services, the city administrator may
issue the Special Event permit administratively. In cases where a Special Event requires
a significant amount of Special Services, the application will be presented to the city
council for approval.
230.13. Special Services Fees.
Subd. 1. Special Services Fee Deposit. If any Special Services are to be used during the
Special Event, the applicant may be required to pay a Special Services fee deposit at least
five days before the Special Event. The Special Services fee deposit amount shall be
determined by the city administrator. It shall be based upon an estimate of Special
Services that are necessary as determined by the city's department heads.
Subd. 2. User Fee. Upon completion of the Special Event, the city may prepare a
detailed account of all Special Services provided for the Special Event and in such cases,
will set the final user fee using the rates, fees and charges established as provided in this
section. The city will then provide the authorized and responsible person identified in the
Special Event permit application with a copy of the detailed account of the Special
Services and an invoice for the user fee, less the fee deposit. The balance of the user fee
will then become due and payable immediately upon its receipt. The city may certify to
the county any unpaid user fees relating to the property upon which the Special Event
was held or, if the Special Event was held on public property, the applicant's property,
which shall then be collected together with the property taxes levied against the property.
Subd. 3. Special Services Rates. The rates charged for the use of city personnel,
equipment, facilities and rights -of -way shall be set by the city's fee ordinance.
230.15. Indemnification Agreement. If the Special Event requires Special Services,
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July 15, 2008
prior to the issuance of a Special Event permit, the permit applicant and authorizing
officer of the sponsoring organization, if any, must sign an agreement to indemnify,
defend and hold the city, its officials, employees, and agents harmless from any claim
that arises in whole or in part out of the Special Event, except any claims arising solely
out of the negligent acts or omissions of the city, its officials, employees and agents.
230.17. Insurance Requirements.
Subd. 1. Liability Insurance Required. The applicant or sponsor of a Special Event must
possess or obtain liability insurance to protect against loss from liability imposed by law
for damages on account of bodily injury or property damage arising from the Special
Event. A certificate of insurance must be filed with the city prior to issuance of the
Special Event permit. The certificate of insurance must name the city, its officials,
employees and agents as additional insureds. Insurance coverage must be maintained for
the duration of the Special Event.
Subd. 2. Minimum Limits. Insurance coverage must be a commercial general liability
policy. The minimum limits must be at least $1,000,000. If alcoholic beverages are to be
sold or distributed at the Special Event, the policy must also include an endorsement for
liquor liability. The city may require additional endorsements depending upon the type
of Special Event and the proposed activities.
Subd. 3. Waiver or Reduction of Required Limits. The city may waive or reduce
insurance requirements of this section under the following circumstances:
a) The applicant or officer of the sponsoring organization signs a verified
statement that it believes that the Special Event's purpose is First
Amendment expression and that the cost of obtaining the insurance is so
financially burdensome that it would constitute an unreasonable burden on
the right of First Amendment expression;
b) The applicant or officer of the sponsoring organization signs a verified
statement that the insurance coverage required by this section is
impossible to obtain; or
c) The city determines that the insurance requirements are in excess of the
reasonable risk presented by the proposed Special Event.
230.19. Compliance with permit.
Subd. 1. Unlawful to Sponsor a Special Event without a Permit. It is unlawful for any
person to sponsor or conduct a Special Event requiring a permit pursuant to this section
unless a valid Special Event permit has been issued for the event.
Subd. 2. Unlawful to exceed the Scope of the Permit. The Special Event permit
authorizes the Special Event permittee or sponsor to conduct only such a Special Event as
Ordinance No. 448 8
July 15, 2008
is described in the permit, and in accordance with the terms and conditions of the permit.
It is unlawful for the permittee or sponsor to willfully violate the terms and conditions of
the permit.
230.21. Revocation. A Special Event permit may be revoked by the city at any time for
failure to comply with the provisions of this section and conditions of the permit.
230.23. Enforcement.
Subd. 1. Injunction. The provisions of this section may be enforced by injunction in any
court of competent jurisdiction.
Subd. 2. Public nuisance. The holding of a Special Event in violation of any provision or
condition contained in this section will be deemed a public nuisance and may be abated
as such. Issuance of a Special Event permit by the city does not preclude the right of an
individual to pursue a private nuisance action against the applicant.
Subd. 3. Towing authorized. If a Special Event is held on private property and members
of a Special Event have parked automobiles in violation of any provision or condition
contained in this section, violators' automobiles may be tagged and towed at violators'
expense.
Subd. 4. Noise. The Special Event must be in compliance with the city's noise
ordinance at all times.
Subd. 5. Misdemeanor. Violation of any provision of this section is a misdemeanor.
Violators shall be subject to a fine or imprisonment as specified by state statute. Each
day in which a violation continues to occur shall constitute a separate offense. Violation
of any provision of this section shall also be grounds for revocation of the Special Event
Permit.
230.25. Modifications. The city may modify or waive any of the requirements of this
section after a finding that the waiver or modification of the requirements, including, but
not limited to the required fee and deadline for application filing, will not endanger the
public health, safety and welfare of the community and that enforcement of the
requirements would impose a unique hardship upon the applicant.
Section II. This ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 15th day of July, 2008.
T.M. Crosby, Jr., May r
Ordinance No. 448 9
July 15, 2008
Attest:
G4 cq4 4-44,14,x/
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River this 18`h day of July, 2008.
Ordinance No. 448 10
July 15, 2008