ADMINISTRATION - Catherine Sorensen, City Clerk
Title
SECOND READING
ORDINANCE AMENDING CHAPTER 70 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE II. - SPECIAL EVENTS OF THE MUNICIPAL CODE OF THE CITY OF BLAINE
Background
Based on increased interest in special events staff is bringing forward proposed amendments to better define special events and include some additional requirements, such as liability insurance and traffic management. A summary of the amendments include:
• Definitions of locations, types of events, and number of people
• Better defined application process that identifies an event contact person, dates/location/times, number of participants, traffic management plan and fees if required
• Liability insurance requirements, administrative review/approval process including notice to surrounding property owners, trash/recycling requirements, and exemptions
At the April 14 workshop, Council requested that events held on areas zoned Regional Recreational still be brought forward for Council approval that change has been made. Staff is recommending first reading of the proposed ordinance.
First reading was held on May 5 with no recommended changes. Staff is also bringing forward corresponding fee resolution as well as a summary resolution for publication later in the agenda.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Chapter 70 - SPECIAL EVENTS, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE II. - SPECIAL EVENTS ON PUBLIC LANDS OR PRIVATE PROPERTY WITH COMMERCIAL, REGIONAL RECREATIONAL OR INDUSTRIAL ZONING OR LAND USES
Sec. 70-41. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Special event means an activity[, except an activity sponsored by a school district,] planned and constructed by a person, corporation, or organization [created for civic purposes, social purposes, business purposes, for intellectual improvement, or for the promotion of sports, or a charitable, religious or nonprofit organization] on public, commercial, regional recreational or industrial zoning or land uses property. For purposes of this article, the term "special events" includes but is not limited to:
(1) Snowmobile races;
(2) Athletic tournaments or events where it is estimated that 1,000 or more people will be in attendance;
(3) Parades/races;
(4) Picnics, weddings, gatherings, or civic celebrations where it is estimated that 100 or more people will be in attendance;
(5) Carnivals;
(6) Musical festivals;
(7) Outdoor concerts.
(8) Convoys or processions, excluding funeral processions, of more than 200 vehicles, 25 commercial vehicles, or 100 people.
(9) Gathering in a City park of more than 150 people.
(10) Events outside the customary use of the property.
(Code 1963, § 69.01; Code 1980, § 4-20; Ord. No. 435, 4-3-1975; Ord. No. 13-2264, 6-6-2013)
Cross reference- Definitions generally, § 1-2.
Sec. 70-42. - License.
(a) Required; application; health regulation compliance.
(1) No person shall conduct a special event as defined in this article without first obtaining a license therefor from the city.
(2) Application for a special event license shall be submitted to the city clerk for approval by the city manager or designee [ten] 45 days in advance on forms prescribed by the city clerk. Application for a special event license shall set forth the following information:
(i) If the special event is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization.
(ii) The name, address and telephone numbers, daytime and nighttime, of the person who will be the special event coordinator and who will be responsible for its conduct.
(iii) The date when the special event is to be conducted.
(iv) The approximate number of persons, animals and vehicles which will constitute such special event; the type of animals, and description of the vehicles.
(v) The hours when such desired special event will assemble, start and terminate.
(vi) A statement as to whether the special event would occupy all or only a portion of the width of the streets proposed to be traversed.
(vii) The desired location by streets of any assembly areas for such special event.
(viii) The time at which units of the special event will begin to assemble at any such assembly area or areas.
(ix) The maximum interval of space to be maintained between units if a parade/race.
(x) If the special event is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such license shall file with the city clerk written communication from the person proposing to hold the special event, authorizing the applicant to apply for the license on behalf of the person proposing to hold the special event.
(xi) Whether any intoxicating liquor or 3.2 percent malt liquor will be consumed in conjunction with the special event at the staging area prior to the special event or at the terminus of the special event; and if any intoxicating liquor or 3.2 percent malt liquor will be served, that all necessary licenses have been obtained from the appropriate authorities.
(xii) The estimated number of participants.
(xiii) Notice of who will provide traffic control, security and police supervision.
(xiv) Disclosure of previous denials and/or violations of special event permits/licenses within the City or another jurisdiction.
(xiv) Such other information as the city clerk shall find necessary to the enforcement of this chapter.
(3) If food is to be prepared, sold, or dispensed at the special event, the applicant shall provide proof of compliance with the regulations of the county health department.
(4) If State or County roadways are to be utilized as part of the proposed route the applicant shall provide proof of State or County-issued permits, if required.
(b) Fee. For each special event license, a fee shall be established by action of the council. License fees shall be submitted with the application. No event can be held without full payment of license fee or any associated fees. If the application for a special event license is denied, the license fee shall be returned to the applicant. In addition to the application fee for processing the license, applicants for a license hereunder shall be required to submit, before the license is issued, a traffic-control and security plan and fee in an amount established by the chief of police or his or her designee. The traffic-control and security plan fee shall cover the cost to the city of providing sufficient officers to regulate traffic and maintain public order. The fee for reimbursable police services are established annually by the city council. The number of sufficient officers under any special event license shall be determined by the police chief or his or her designees, based on consideration of the following information, which the applicant is required to submit, and which shall serve as standards to guide his or her discretion:
(1) The proposed location for the special event;
(2) Details of proposed route if parade/race/convoy/procession requested, the starting point and the termination point.
(3) The time of day that the event is to take place;
(4) The date and day of the week proposed;
(5) The general traffic conditions in the area requested, both vehicular and pedestrian, with special attention being given to the rerouting of vehicles or pedestrians normally using the requested area;
(6) The number of marked and unmarked intersections along the route requested, together with the traffic-control devices present;
(7) If traffic must be completely rerouted from the area, then the number of marked and unmarked intersections and the traffic-control devices are taken into consideration;
(8) The estimated number of participants and vehicles;
(9) The estimated number of viewers;
(10) The nature, composition, format and configuration of the special event;
(11) The estimated time or duration of the special event;
(12) The plan of the applicant for emergency medical services for participants in the special event; and
(13) Provisions arranged for and made by the applicant for handicapped parking.
(Code 1963, §§ 69.02, 69.03; Code 1980, §§ 4-21, 4-22; Ord. No. 435, 4-3-1975; Ord. No. 84-854, 12-6-1984; Ord. No. 98-1695, § 2, 2-5-1998; Ord. No. 13-2264, 6-6-2013)
Sec. 70-43. - Fees for usage and maintenance of public property.
If the applicant uses city facilities or equipment in connection with a licensed special event as defined in this article on public property, the following usage and maintenance fees shall be paid to the city:
(1) Deposit fee. An amount established by council resolution per special event to be deposited with the city to cover any justifiable expenses incurred in excess of the fees prescribed by this section.
(2) Maintenance responsibilities. Maintenance of fields and grounds shall be the responsibility of the applicant as set forth in the maintenance compliance agreement with the city. If the applicant chooses to have the city perform the maintenance of fields and grounds, the applicant will be charged for the actual costs incurred by the city including labor, materials and supplies.
(3) Park lighting fee. A per hour minimum charge established by council action per field for the use of outdoor lighting equipment on ball fields and a per hour minimum lighting charge established by council action for the use of hockey rinks and skating rinks. The total charge for such lighting may be deducted from any deposit refund due to the applicant.
(4) Park usage fee. An amount established by council action per day for the private or exclusive use of public parks or certain portions thereof, including ball fields, hockey rinks, and skating rinks, excepting that civic nonprofit organizations shall be charged an amount established by council action per day. The city manager may waive the park usage fee for civic nonprofit organizations upon receipt of a written request for such waiver.
(5) Building usage fee. An amount established by council action per day for the use of a city building or concession stand when used in conjunction with a licensed special event.
(6) Picnic shelter usage fee. An amount established by council action per day for the exclusive use of a city picnic shelter.
(7) Equipment usage fee. Fees for rental use of city equipment shall be established by council action. The equipment usage fee shall be collected pursuant to administrative procedure. Applicants shall be advised in writing of their responsibility to repair or replace lost or damaged equipment.
(8) Temporary intersection lighting. If determined by the police chief or designee, rental of temporary intersection lighting may be required and paid for by applicant.
(9) Any fees for additional portable restrooms, garbage and recycling receptacles to be arranged and paid for by applicant.
(Code 1963, § 69.04; Code 1980, § 4-23; Ord. No. 435, 4-3-1975; Ord. No. 684, 3-6-1980; Ord. No. 84-854, 12-6-1984; Ord. No. 98-1695, § 2, 2-5-1998; Ord. No. 13-2264, 6-6-2013)
Sec. 70-44 -Exceptions.
(1) Activity sponsored by a school district;
(2) Blaine Festival;
(3) 3M Championship;
(4) Any other city-sponsored special event or other event at city manager discretion or their designee.
Sec. 70-45. - Requirements for a special event license.
(a) Application; time limit. Application for a special event license shall be submitted to the city clerk at least 45 calendar days prior to the event. The time limit may be waived by the police chief or designee upon submission of proof of extreme hardship on the part of the applicant.
(b) Consent. All applications shall be accompanied by the written consent of sixty (60) percent of property owners or tenants (if the property is not owner-occupied) of property adjacent to the portion of the public street, sidewalk, alley, or property sought to be used for the special event. If it is not practicable to obtain the written consent of sixty (60) percent of property owners or tenants for special events larger than three (3) city blocks in length, the city council may waive the consent requirement upon a written petition submitted to the police chief, which petition sets forth why the written consent of sixty (60) percent of property owners or tenants is not practicable. The police chief shall then forward the petition to the city council for its consideration. No license shall be granted without such consent being filed with the police department unless waived by the city council as provided above.
(c) Insurance. All applications shall be accompanied by evidence in the form of a properly executed certificate of insurance that the city is protected as an additional insured under a comprehensive public liability insurance policy against all liability or claims which might arise out of the holding the special event, the insurance coverage to be in the amounts not less than $100,000.00 for bodily injury for each person and $300,000 for each occurrence, $50,000 with respect to property damage. Said licensee shall obtain and keep in full force and effect proper insurance coverage against any liability for injury sustained by any persons operating said licensed activities, as required under the provisions of the Workers’ Compensation Act of the State of Minnesota.
(d) Indemnity agreement. Applications shall be accompanied by either:
(1) 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 action of whatsoever nature or character arising out of or by the special event, which by agreement shall also provide for the repair of or payment for damages to public property; or
(2) Evidence in the form of a properly executed certificate of casualty and property damage insurance which will insure all public or city property within the area of the special event loss. This certificate shall be accompanied by a written agreement that the person(s) will indemnify the city up to the amount of any deductible applicable to such casualty and property damage insurance; or
(e) Review and recommendation. Each application for a license shall be routed to or referred to a committee consisting of representatives from the departments of fire, police, community standards, parks and recreation, planning and public works for its review and recommendation as to whether the requested use will unnecessarily interfere with public travel on the street or alley proposed to be used and if there are other health and safety issues which need to be addressed. Such committee may also recommend terms and conditions necessary in its judgment to protect the public peace, health and safety, including limiting the portion of the street or alley that may be used for the event, the hours thereof, and the type and number of blockades or warning devices that are to be provided for the safety of motorists and the protection of those persons participating in the special event.
(f) Every application shall include the recommendation of the police chief or designee. The police chief or designee shall promptly report the recommendation to the city clerk and any grounds for denial or revocation shall be in writing. Notice shall be sent by the city clerk by regular mail to the applicant upon a denial informing the applicant of the right to appeal to the city council within 20 days. If an appeal to the city council is timely received by the city clerk, the hearing before a hearing officer shall take place within a reasonable period of receipt of the appeal by the city clerk.
(g) Notification. The committee shall have discretion to require the applicant to give notice to any property owner or organization which may be affected by such special event and/or to any neighborhood or community-based organization through or in whose organizational area the special event may take place.
(h) Nothing shall prohibit the requirement of the conditional use permit process should the scope of the special event go beyond the customary use of the property as determined by the committee.
(i) The city clerk shall be so informed once the committee review is complete and if the recommendation is satisfactory and all conditions are met the city manager or designee shall issue the license. If the special event is to be located in a regional recreational zoned district the license request shall be forwarded to the city council for approval.
Sec. 70-46. - Issuance of license; conditions.
(1) The committee shall have the power to recommend and the council, upon notice and hearing, shall have the power to impose reasonable conditions upon any license issued under this chapter in response to multiple resident complaints about the orderliness, safe operation and impact on the surrounding neighborhood of any special event. Such conditions may include, but are not limited to, time, manner and place restrictions on the sale of alcoholic beverages, the furnishing by the applicant(s) of security services for the event and restrictions on the location and use of loudspeakers. In deciding whether or not to impose conditions, the council may consider the hardship to the special event organizers in meeting the conditions before the event. Nothing herein shall be construed to allow noncompliance with Sec. 50-203. - Prohibited noises and acts.
(2) The City shall reserve the right to modify the conditions of the special event license as in response to complaints or as traffic, security, or other needs change.
Sec. 70-47. - Trash management/recycling required.
The purpose of this section is to ensure proper trash management and have recycling options that are proportional to trash collection services.
(1) Any person or organization holding a special event must provide and pay for the collection and proper disposal of recyclable material separate from non-recyclable materials through the City’s provider. Recyclable materials may include but are not limited to: metal, glass or plastic food and beverage containers, corrugated cardboard, boxboard, plastic film or other packaging, or miscellaneous paper.
(2) Arrangements must be made for the delivery of all recyclable material to a valid recyclable materials processing facility, transfer station or drop off center promptly after completion of the special event. Where applicable, arrangements must be made for the delivery of all organic materials to an appropriate organic materials processing facility or transfer station.
Sec. 70-48. - Violation; penalty.
(1) 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 guilty of a misdemeanor.
(2) Licenses issued under false pretenses shall be immediately revoked.
Sec. 70-49. - Duties of special event coordinator.
(a) The licensee hereunder shall comply with all license directions and conditions and with all applicable laws and ordinances and shall designate a special event coordinator for the event. The special event coordinator or any other person designated as heading or leading such activity shall carry the special event license upon his or her person during the entire special event.
(b) Within the two (2) hour period immediately following the end of the special event, the special event coordinator will ensure clean up, removal and disposal of all litter or material of any kind which is placed or left on public, commercial, regional recreational or industrial zoning or land uses property due to such special event. Should the special event coordinator fail to do so, the city will bill the special event coordinator for all costs related to the clean-up, removal and disposal of litter left on the public, commercial, regional recreational or industrial zoning or land uses property due to such special event. If the special event coordinator fails to satisfy this obligation within the time specified in the invoice, the city will commence all appropriate legal action to collect all debts owed the city. In addition, no future applications will be considered until all obligations are satisfied.
(c) No parking sign posting fee. If the posting of temporary "No Parking" signs along a parade or race route is required, applicants seeking a parade/race license for a parade or race must additionally pay fees that shall be set time to time by resolution of the city council.
(d) Required undertakings. In addition to information required the applicant will, without expense to the city, undertake the following:
(1) The applicant will provide either authorized civilian personnel, if applicable, or police personnel through the Blaine Police Department Reimbursable Police Services at all intersections requiring traffic-control personnel.
(2) The applicant will provide volunteers to monitor the barricades at all intersections not requiring traffic-control personnel, as determined by the department of public works and the police department.
(3) The applicant will provide, install and remove the barricades, signs and delineation equipment as directed by either the director of public works or the chief of police or their designees.
(4) The applicant will defend and hold the city harmless from all claims, demands, actions or causes of action, of whatsoever nature or character, arising out of or by reason of the conduct of the activity authorized by such license, including attorney fees and expenses.
Sec. 70-50. - Notice to abutting property owners.
(a) This section shall apply only to special events involving bicycle racing, foot racing, race walking, wheelchair racing, rollerblading, marathons and jogging events.
(b) Upon issuance of a special event license for an event described in Sec. 70-41 the special event coordinator shall notify all occupants and building managers of property abutting the parade/race route by leaflet at least forty-eight (48) hours, but not more than seven (7) days, before the parade/race.
(c) In the case of a residential building containing three (3) units or less, a leaflet shall be distributed to each unit. In the case of a residential building or facility containing more than three (3) units, a leaflet shall be prominently posted in the lobby or common entryway. Leaflets shall also be distributed to nonresidential abutting properties.
(d) The leaflet shall briefly describe the nature of the parade/race, shall identify the name and telephone number of the special event coordinator and the date and time of the parade/race, shall contain a map of the route, and shall describe all restrictions upon traffic and parking on or crossing the parade/race route.
(e) Prior to distribution of the leaflet, the applicant shall file a copy of the leaflet with the city clerk.
Secs. 70-[44]51-70-59. - Reserved.
INTRODUCED AND READ in full the 5th day of May, 2016.
PASSED by the City Council of the City of Blaine this 19th day of May, 2016.