HomeMy WebLinkAbout9.b. Large Gathering on Public Park land Ordinance – First Reading � y
ROSEIvIG
EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: March 20, 2012
AGENDA ITEM: Large Gathering on Public Park Land AGENDA SECTION:
Ordinance — First Reading New Business
PREPARED BY: Dan Schultz, Director of Parks and AGENDA NO. 4. b ,
9 Recreation
ATTACHMENTS: Draft Ordinance and Current Ordinance
for a Large Gathering On Public Park APPROVED BY:
Land u4)
RECOMMENDED ACTION: Motion to approve the first reading and set the second
reading for Tuesday, April 3, 2012.
ISSUE
This ordinance was discussed at a recent City Council workshop. Staff shared with the Council a concern
regarding the attendance number that triggers the Large Gathering on Public Park Land Ordinance. Some
large events that have taken place at Central Park in the past have had issues with trash, restrooms,
parking, not calling in utility locates and bringing equipment into the park that might impact future users.
Typically, the park locations that could accommodate large user groups would include Erickson Park,
Central Park, Shannon Park and the DCTC Soccer Complex. In most cases, large events that take place at
an athletic complex do not pose as many issues because the user groups are rotating use of the space or
the site has been designed to accommodate large events.
After discussing with the City Attorney the possibility of exempting athletic tournaments from the
ordinance, the City Attorney felt that staff could be given the authority to exempt events from applying for
the Large Gathering Permit should they feel the proposed event does not raise concerns.
BACKGROUND`
The purpose of the Large Gathering on Public Park Land Ordinance is to regulate and control the
assembly of large numbers of persons on city park land and to establish regulations which promote the
health, safety and welfare of large public gatherings organized on city park land. (Ord. XVI.49, 7 -16- 2002).
The current ordinance defines "large gathering" as a gathering numbering more than one thousand two
hundred (1,200) persons; or actions by one or more persons the intention of which is to attract and
assemble a gathering of persons in excess of one thousand two hundred (1,200) persons at a single time on
city park land. The¤t ordinance requires an application for a large assembly license (application fee of
$150) shall be made in writing and filed with the City Clerk no less than sixty (60) days in advance of the
proposed date for the large assembly, upon forms provided by the City Clerk.
SUMMARY
Staff is recommending that the Large Gathering on Public Park Land Ordinance should be amended. Staff
suggests the trigger" number should be decreased from 1,200 people to 500 people. Also, staff would be
given the authorityto issue a license for assemblies of between five hundred 500
In t3' ( ) and one thousand two
hundred (1,200) if the assembly is a baseball tournament, soccer tournament, softball tournament, lacrosse
tournament or football tournament. The license may be issued only by the City Council in all other cases
or if the Director declines to issue a license for the assembly.
F
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CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
t i ORDINANCE NO.
ORDINANCE RELATING TO LARGE ASSEMBLIES; -
AMENDING ROSEMOUNT CITY CODE, SECTION 4 -5 -3
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA
ORDAINS as follows:
Section 1. Rosemount City Code, Section 4 -5 -3 is amended as follows:
4 -5 -3: LICENSE REQUIREMENTS
No person shall permit, maintain, promote, conduct, advertise, manage, sell, barter or give tickets to
an actual or reasonably anticipated assembly of one thousand two hundred (1,200)five hundred (500)
or more people on city park land unless a license to hold the assembly has been first issued by-the
city council as provided herein. The license may be issued by the Director of Parks and Recreation
or the Director's designee for assemblies of between five hundred (500) and one thousand two
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council in all other cases or if the Director declines to issue a license for the assembly. In addition
to the p� =tnithicenst required herein, the applicant must possess and submit to the city any other
necessary state, county or city licenses and /or permits necessary to carry on the assembly. (Ord.
XVI.19, 7 16 2002)
Section 2. This 'Ordinance shall be in effect following its passage and publication.
Adopted this day of , 2012, by the City Council of the City of Rosemount,
Minnesota.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
Published in the Rosemount Town Pages the day of , 2012.
398305v1 CLL RS215 -20 1
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Chapter 5
LARGE PUBLIC GATHERINGS ON CITY PARK LAND
4 -5 -1: PURPOSE:
4 -5 -2: DEFINITIONS:
4 -5 -3: LICENSE REQUIREMENTS:
4 -5-4: APPLICATION FOR LICENSE:
4 -5 -5: LICENSE FEES:
4 -5 -6: CONDITIONS OF APPROVAL:
4 -5 -7: ADDITIONAL REGULATIONS:
4 -5 -8: PENALTY:
•
4 -5 -1: PURPOSE:
The purpose of this chapter is to regulate and control the assembly of large numbers of persons on city park
land and to establish regulations which promote the health, safety and welfare of large public gatherings
organized on city park land. (Ord. XVI.49, 7 -16 -2002)
4 -5 -2: DEFINITIONS:
"Large assembly" means a gathering numbering more than one thousand two hundred (1,200) persons; or
actions by one or'more persons the intention of which is to attract and assemble a gathering of persons in
excess of one thousand two hundred (1,200) persons at a single time on city park land. (Ord. XVI.49, 7 -16-
2002)
4 -5 -3: LICENSE REQUIREMENTS:
No person shall permit, maintain, promote, conduct," °advertise, manage, sell, barter or give tickets to an actual
or reasonably anticipated assembly of one thousand two hundred (1,200) or more people on city park land
unless a license to hold the assembly has been first issued by the city council as provided herein. In addition to
the permit required herein, the applicant must possess and submit to the city any other necessary state, county
or city licenses and /or permits necessary to carry on the assembly. (Ord. XVI.49, 7 -16 -2002)
4 - 5 - 4: APPLICATION FOR LICENSE:
The application for a large assembly license shall be made in writing and filed with the city clerk no less than
sixty (60) days in advance of the proposed date for the large assembly, upon forms provided by the city clerk.
The application shall contain, without limitation, the following information:
A. The name, age, residence, social security number and mailing address of the applicant, if an individual, all
partners if a partnership and all officers of the corporation if the applicant is a corporation.
B. A full description of the nature, purpose and extent of the proposed large assembly.
C. The maximum number of persons which the proposed large assembly will attract at any given time, together
with the dates and hours during which the proposed large assembly will be conducted.
D. A full description of plans for sound amplification and sound control to be utilized by the applicant.
E. Plans for food or other concessions which will be provided.
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F. A detailed plan to ensure waste disposal, sanitary facilities, inspections of vehicle or equipment, post event
cleanup and `other necessary precautions to prevent pollution to land or ponds.
G. All other information required or requested by the city council or the parks and recreation department. (Ord.
XVI.37, 4 -15 -1997)
4 -5 -5: LICENSE FEES:
The'license fee shall be set from time to time by city council resolution.
A. The license fee shall be nonrefundable.
B. As a condition ;'of granting a license the city may require establishing of a cash escrow to be deposited with
the city clerk. The cash escrow shall be used to guarantee payment by the applicant of the city's costs for
planning; sanitation, health, traffic control, law enforcement services and other city costs which are directly
attributable to the large assembly. (Ord. XVI.37, 4 -15 -1997)
4 -5 -6: CONDITIONS OF APPROVAL:
The city council may impose any condition reasonably required to protect the health, safety and welfare of the
general public and the persons assembled. A violation of any of the conditions shall be a violation of this
chapter. (Ord. XVI.37, 4 -15 -1997)
4 -5 -7: ADDITIONAL REGULATIONS:
The following regulations must be complied with:
A. No person granted a permit pursuant to this chapter shall gain a vested right to obtain such permits in the
future.
B. By making application, the applicant consents to permitting`officers and agents of the city to enter the event
area at all times to investigate the activities and to determine whether the conditions of the permit and all
applicable laws are being complied with.
C. A surety bond or other financial guarantee approved as to form by the city clerk in an amount deemed
sufficient by the city council to guarantee performance by the applicant of the conditions may be imposed
by the city council in granting the large assembly license.
D. A comprehensive general liability insurance policy, naming the city as an additional insured, covering any
and all damages, claims or other liabilities arising out of the operation of the large assembly whether
incurred by the city or by any other association or person. Government agencies do not apply to this
condition.
E. No person holding a large assembly license shall permit and no participant in a large assembly shall remain
overnight at the location of a large assembly, except for a reasonable number of persons required for
security purposes. (Ord. XVI.37, 4 -15 -1997)
4 -5 -8: PENALTY:
Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall
be punished as described in title 1, chapter 4 of this code. (Ord. XII.21, 6 -15 -2004)