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HomeMy WebLinkAbout6.n. Amendments to Ordinance Regulating Large Gatherings of Public Park Land��C—)SEMOUl r 1 EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: April 16, 2013 AGENDA ITEM: Amendments to Ordinance Regulating AGENDA SECTION: Large Gatherings on Public Park Land Consent PREPARED BY: Dan Schultz, Director of Parks and AGENDA NO. Recreation ATTACHMENTS: Draft Ordinance (with edits) for a Large APPROVED BY: Gathering On Public Park Land RECOMMENDED ACTION: Motion to waive the first reading and 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, sections 4 -5 -1 through 4 -5 -7. ISSUE In 2012, the City Council approved amending the City's existing Large Gathering on Public Park Land Ordinance. The main change to the ordinance was the number of anticipated event participants needed to trigger getting a Large Gathering on Public Parkland permit. The trigger number went from 1,200 people to 500 people. The other change to the ordinance was that staff are allowed to permit sporting events and sports tournaments that expect to draw 500 to 1,200 people. After the changes were sent the codifier, there were some minor clerical adjustments that were recommended by the codifier. The changes that have been requested do not impact the amendments that were approved by the City Council in 2012, but are more housekeeping items on how the amendments were written. The City Attorney has work with the codifier to clean up the language in the ordinance so that everything is in order. SUMMARY Staff is recommending that the City Council waive the first reading and 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 -1 through 4 -5 -7. CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2013 - 01 ORDINANCE RELATING TO LARGE ASSEMBLIES; AMENDING ROSEMOUNT CITY CODE, SECTIONS 4 -5 -1 THROUGH 4 -5 -7 THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS as follows: Section 1. Rosemount City Code, Sections 4 -5 -1 through 4 -5 -7 are amended as follows: 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 whiGh promote the health, safety and welfare of large public gatherings organized on city park land. 4 -5 -2: DEFINITIONS: "Large assembly" means a gathering numbering more than orae thousand five hundred (4 2.90500) 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 ive hundred (4-, 00 persons at a single time on city park land. 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 five hundred (500) or more people on city park land unless a license to hold the assembly has been first issued 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 hundred fifty (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. In addition to the 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. 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. 408221v1 CLL RS215 -7 B. A full description of the nature, purpose and extent of the proposed large assembly. C. The maximum number of persons w#imG that 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 w#iGhthat will be provided. F. A detailed plan to ensure waste disposal, sanitary facilities, inspections of vehicle or equipment, postevent 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. 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 the licensee to m keestabloshiR a cash essrewdegosit We -him with the city clerk. The cash essrewdepOSit 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 wthat are directly attributable to the large assembly. 4 -5 -6: CONDITIONS OF APPROVAL: The city GOURGOl 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. 4 -5 -7: ADDITIONAL REGULATIONS: The following regulations must be complied with: A. No person granted a peFFRitlicense pursuant to this chapter shall gain a vested right to obtain such slicenses 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 permitlicense and all applicable laws are being complied with. 408221v1 CLL RS215 -7 2 C. A surety bond or other financial guarantee approved as to form by the city clerk in an amount deemed sufficient by the city seuneil -to guarantee performance by the applicant of the conditions may be imposed by the city seunsil 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 agenGies de not apply to this This condition does not apply to government agencies. 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. Section 2. This Ordinance shall be in effective 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. 408221v1 CLL RS215 -7 3