HomeMy Public PortalAboutOrdinance 414 Amending the Fraser Municipal Code by Adopting Permit Procedures & Operational Requirements for Special Events Within The Town of Fraser TOWN OF FRASER
ORDINANCE NO. 414
Series 2013
AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING
PERMIT PROCEDURES AND OPERATIONAL REQUIREMENTS FOR SPECIAL
EVENTS WITHIN THE TOWN OF FRASER.
WHEREAS, the Board of Trustees finds and determines that the provisions of
this Ordinance and the regulations herein adopted for the permit procedures and
operational requirements for special events are reasonable and necessary to protect
and preserve the health, safety and welfare of the citizens of the Town of Fraser,
Colorado.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF MUNICIPAL CODE.
1.11 The Code of the Town of Fraser, Colorado (herein sometimes referred to as
the "Municipal Code"), is hereby amended by adding a new Article to Chapter 6 of said
Code, to be numbered "Article 6 — Special Event Permit Procedures", which shall read
as set forth in Exhibit "A" attached hereto and incorporated herein by this reference.
1_2 The Fee Schedule set forth in Appendix A of the Municipal Code is hereby
amended by adding the following fee under Chapter 6 of said Appendix A:
Municipal Code-Based Fees,Costs and Deposits
Code
Section eelCharge Amount
Chapter 6' .
6-6-30 Application fee for Special Events $150.00 plus reimbursement of any
Town Board Review additional fees or expenses incurred by
the Town and/or reimbursement of any
Town expenses incurred in excess of this
amount.
6-6-30 Application fee for Special Events— N/A
Administrative Review
6-6-30 Special Event Liquor License fee $100.00
6-5-30 Special Event Business License $20.00
6-6-50 Special Event Security Deposit $TBD;Based on size and scale of the
event. (Applicable only if event is held on
Town property)
PART 2: PENALTY CLAUSES. The following section of the Code of the Town of
Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance,
and such section is herewith set forth in full and hereby enacted:
Sec. 1-4-10. General penalty for violation.
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse
or fail to comply with or resist the enforcement of any provision of this Code; and
where no specific penalty is provided therefor, the violation of any provision of
this Code shall be punished by a fine not exceeding two thousand six hundred
fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year,
or by both such fine and imprisonment. Each day such violation continues shall
be considered a separate offense
PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town
of Fraser covering the same matters as embraced in this Ordinance are hereby
repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this ordinance are hereby repealed; provided, however, that such repeal shall not affect
or prevent the prosecution or punishment of any person for any act done or committed
in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or constitutionality of the
remaining portions of this Ordinance or said Codes. The Town of Fraser hereby
declares that it would have adopted this Ordinance and said Codes, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases thereof be declared invalid or
unconstitutional.
PART 6: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 18th DAY of SEPTEMBER, 2013.
Votes in favor: -7 BOAR'F TR TEES OF THE
:
Votes opposed - TOWN F S OLORADO
Votes abstained:
BY:
Peg ' , Mayor
( SEAL )
r P ATT
Lu Berger, Town Clbrk
Published in the Middle Park Times on September 26, 2013.
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ARTICLE 6
Special Event Permit Procedures
Sec. 6-6-10. Definition.
(a) As used in this Article, the following word shall have the following meaning
unless the context clearly requires otherwise:
Special event means any organized activity or assemblage consisting of, or
reasonably expected to consist of, one hundred (100) or more persons involving
the use of, or having an impact on, public facilities, parks, sidewalks, street areas
or the temporary use of public or private property. Special event does not mean
an organized activity that is a normal and customary course of business for a
facility or home (i.e game night at a restaurant and/or bar; birthday and/or
graduation parties; family reunions).
Sec. 6-6-20. Permit required.
(a) A special event permit application shall be prepared on a form provided by
the Town of Fraser. The Town Clerk shall endorse the date of its receipt on
the application and shall schedule a public hearing. Any special event held at
the Fraser Historic Church/Community Center is exempt from the regulations
herein described in this Article 6. If alcohol will be served at the event, the
applicant must comply with all applicable Town and State regulations.
(b) If a special event will have minimal impact to the community, as
determined by the Town Manger, the special event permit application may be
reviewed for approval by Town staff at an administrative level (i.e. community
block party, memorial service). The application form and additional
information detailed in Sec. 6-6-30 are still required; however Sections 6-6-40
and 6-6-50 do not apply.
Sec. 6-6-30. Application for a special event permit and application fee.
A special event permit application shall be prepared on a form provided by the
Town Clerk's office. An application fee shall be paid at the time of filing the
special event permit application. The amount of the application fee shall be in
accordance with the current fee schedule in effect when the application is filed,
as established by the Board of Trustees. A special event liquor license fee and
special event business license fee may also be required. The application must
be submitted fourteen (14) days prior to Fraser Town Board meeting at which it
will be heard.
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In addition to the application, the following information is required:
(a) Copies of a site map showing proposed development of the site, building
locations, parking, traffic circulation, location of toilets, tents, trash, security,
staging, emergency routes, water and medical stations, if applicable. The
site plan shall be in a format and quantity as specified by Town staff.
(b) A description of the nature of the proposed special event and its operating
characteristics and measures proposed to mitigate impacts with other
properties in the vicinity and the general public.
(c) If the property is owned by other property owners than the applicant, a
letter of permission to use the property for the proposed use must be
included.
(d) Any other information that may be required in order for the Fraser Town
Board to make an informed decision, as determined by the Town.
Sec. 6-6-40. Procedures.
(a) Upon receipt of an application for a special event, the Town Clerk shall
promptly schedule a public hearing upon the application. The Town Clerk
shall post and publish public notice thereof not less than ten (10) days prior to
the hearing. The Town Clerk shall give public notice by the posting of a sign
in a conspicuous location at the site of the proposed event and by publication
of the notice in the official newspaper of general circulation of the Town.
(b) The notice of the hearing, which is posted and published, should at a
minimum, contain the following: The time and place of hearing; the name
and address of the applicant; a brief description of the land and/or event
which is the subject of the matter to be heard; and the purpose of the hearing
and the special event requested.
(c) The Town Board shall conduct a public hearing on the matter. The
applicant has the burden of presenting all necessary and relevant information
and evidence in support of the application to enable the Board to consider the
matter and to make findings on the subject.
(d) The Town Board shall consider the following criteria:
• The health, safety and welfare of the residents of the Town;
• The effect on the surrounding neighborhood;
• The likelihood of a nuisance being created;
• Whether the event does not substantially or inalterably change the
character of the neighborhood and the Town of Fraser.
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Sec. 6-6-50. Issuance or denial of special event permit.
After hearing the evidence and considering the application, the Town Board shall
make its findings via resolution. If the Town Board grants a special event permit, it may
impose any conditions which it considers necessary. If the special event is proposed to
be held on Town property, the Applicant shall provide the Town with a current certificate
of liability insurance and endorsement naming the Town as an additional insured. Such
insurance shall be provided in an amount and form approved by the Town. In addition,
if the special event is proposed to be held on Town property, a security deposit may be
charged depending on the size and scale of the event.
(a) In its findings, the Board shall report the facts found and its conclusion
whether a permit or application is granted, granted with conditions or denied.
Sec. 6-6-60. Duration of permits.
(a) A special event permit which is not used within the time frame specified in
the permit application is void. A special event permit is void upon
completion of the event as specified within the permit application.
(b) Should the event be a more permanent and repetitive nature (i.e.,
repeating over numerous weekends, months, or years), the Town Board
shall have the discretion to issue a permit to accommodate multiple
events or a designated event for multiple months or years.
Sec. 6-6-70. Revocation of permits.
(a) The Town may revoke a special event permit for any of the following
grounds:
• Violation of this Article;
• Violation of any permit conditions;
• Causing or allowing a nuisance in connection with the premises;
Sec. 6-6-80. Penalty.
Failure to comply with the provisions of this Article shall constitute a violation of
this Code and, in addition to being grounds for denial or revocation of a special
event permit, such violation may be punished as provided in Section 1-4-10 of
this Code.
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