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HomeMy WebLinkAbout8.a. Large Gathering on Public Park Land Ordinance – Second Reading �O c /� T T �TT J r 1 EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: April 3, 2012 AGENDA ITEM: Large Gathering on Public Park Land AGENDA SECTION: Ordinance — Second Reading Old Business PREPARED BY: Dan Schultz, Director of Parks and AGENDA NO. g Recreation ATTACHMENTS: Draft Ordinance, Current Ordinance for a Large Gathering On Public Park Land APPROVED BY: . and Portable Sanitation Information Chart o y RECOMMENDED ACTION: Motion to hold the second reading of the ordinance relating to Large Gatherings on Public Park Land and'to adopt an ordinance relating to large assemblies; amending Rosemount city code; section 4 -5 -3. ISSUE This is the second reading of the proposed changes being recommended by staff regarding the existing Large Gathering on Public Park Land Ordinance. At the first reading there were a few questions that staff, would like to address. The questions and responses from staff are listed below: Question #1 - What is the standard for the number of portable toilets required? Staff checked with the Dakota County Department of Public Health and the State of Minnesota Department of Public Health to see if either organization had any requirements or standards for the use of portable toilets at public or private special events. Neither organization has any requirements or standards for this. Staff from Dakota County stated that they use standards set by the trade sectors such as the Portable Sanitation Association. Staff has attached a chart that was produced by the Portable Sanitation Association to show their standards for portable toilets at special events. Question #2 - Is a $150 fee required for each instance of a repeating event, such as a church using an outdoor park each Sunday for a summer? The ordinance does not identify if one or more events could be approved under one application. The ordinance does indicate that events could take place on more than a single date. If a user group wanted to have the same event on'multiple dates, staff intends to require them to apply one time per year for the license and pay one license fee per year for a recurring event. Question #3 - It appears that each sports tournament, even if it doesn't go to council, needs a $150 license fee. Is that what we intend to say? No. Staff is proposing that the City's Fees and Fee Policy be amended so that the sports tournaments that receive a large gathering license from Parks and Recreation Department staff would not have to pay a license application fee. Should this amendment be approved, staff would bring a resolution amending the fee schedule to a future meeting. Pp � g g . g 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 A assemble a gathering of persons in excess of one thousand two hundred (1,200) persons at a single time on city park land. The current 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. 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. SUMMARY Staff is recommending the City Council hold the second reading of the ordinance relating to Large Gatherings on Public Park Land and to adopt an ordinance relating to large assemblies; amending Rosemount city code, section 4 -5 -3. 2 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA 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 le city council as provided herein. Th - -n - • - ' _ - • • , - - . r of P . rk .n• R - - or the Director's designee for assemblies of between five hundred (500,1 and one thousand two h ndre. fife 1 211 'f - _ _ - I :.: -.. .0 1,111" . - r . _ :m - n .f .. tournament, lacrosse tournament or football tournament. The license may be issued only by the city council in all other cases or if the Direct declines to issue a license for the assembly In addition to the per-license 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 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. 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) 0 ,,AT,oy PORTABLE SANITATION ASSOCIATION INTERNATIONAL v �„. 4s Y c , 7800 Metro Parkway - Suite 104 • Bloomington, Minnesota 55425 U.S.A. _ 1- 800 - 822 -3020 • (952) 854 -8300 • Fax: (952) 854 -7560 • E -mail: info @psai.org SPECIAL EVENT E,N 1 E, E,N . E D CHART 1` E,AK WAN ��4 -„ A (No fixed facilities) Number of Units required when no pumping service is provided 50/50 Mix of Men & Women One unit provides approximately 200 uses with 4 hours between use Average AVERAGE HOURS AT E EVENT Crord� ., ._.. .._.._ _ ... .. i Size ♦♦ 1 2 3 4 5 6 7 8 9 10 ' 500 2 4 4 5 6 7 9 9 10 12 1,000 4 6 8 8 9 9 11 12 13 13 2,000 L 5 9 12 14 16 18 20 23 25 3,000 h 6 9 12 16 20. 24 26 30 34 38 d 4,000 8 13 16 22 25 30 35` 40 45 50 1 5,000 . 12 15 20 25 31 38 44 50 56 63 10,000 15 25 38 50 63 75 88 100 113 125 I 15 20 38 56 75 94 113 131 150 169 188 i 20,000 25 50 75 100 125 150 175 200 225 250 I 25,000 38 69 „ 99 130 160 191 221 252 282 313 30,000 46 82 119 156 192 229 266 302 339 376 35,000 53 96 139 181 224 267 310 352 395 438 ;40,000 61 109 158 207 256 305 354 403 452 501 ;45,000 68 123 178 233 .288 343 398 453 508 563 50,000 76 137 198 259 320 381 442 503 564 626 55,000 83 150 217 285 352 419 486 554 621 688 60,000 91 164 237 311 384 457 531 604 677 ' 751 65,000 98 177 257 336 416 495 575 654 734 813 - '. s 70,000 106 191 277 362 448 533 619 704 790 876 li 75,000 1 113 205 296 388 480 571 663 755 846 938 ;80,000 121 218 316 414 512 609 707 805 903 1001 85,000 1 128 232 336 440 544 647 751 855 959 1063 90,000 136 246 356 466 576 686 796 906 1016 1126 1 1 95,000 1 143 259 375 491 607 724 840 956 1072 1188 1 100,000 151 273 395 517 639 762 884. 1006 1128 1251 - 11 - i .