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HomeMy WebLinkAboutOrdinance - 20-2008 - Amending City Code Chapter 6, Public Assemblies - 08/29/2008 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 6 BY REPLACING SECTION 6.20 IN ITS ENTIRETY WITH REGULATIONS RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1.City Code Section 6.20 is replaced in its entirety as follows: SECTION 6.20 PARADES,RACES AND PUBLIC ASSEMBLIES. Subd. 1. Purpose and Findings. The Council finds that persons and groups have a right to organize and participate in peaceful assemblies on the streets, sidewalks, walkways and parks in the City and to engage in assembly near the object of their protest so that they may be seen and heard, subject to reasonable restrictions designed to protect public safety, persons and property, and to accommodate the interests of persons not participating in the assembly to use the street, sidewalk or walkway to travel to their intended destinations and to use the parks for recreational purposes. Races, parades and public assemblies on public grounds, including but not limited to outdoor concerts,rallies, festivals,demonstrations,and ceremonies can potentially result in: A. A danger to the safety and welfare of persons using public rights-of-way, including, but not limited to pedestrians, motorists,persons entering and leaving motor vehicles and buildings, and persons performing essential traffic control and emergency services; B. Excessive noise likely to distract motorists and disturb the public peace; C. A danger to the safety of the participants,as well as other persons in their vicinity; D. Territorial disputes between competing users of public property;and E. Damage to public parks,public grounds,streets,walkways,property and facilities. It is the purpose of this ordinance to: 1. Protect the safe movement of pedestrian and vehicular traffic contiguous to the site of the expressive activity by advance planning and appropriate staffing; 2. Protect the rights of persons engaging in expressive activities in public areas to be free from danger, interruption, or disruption; 3. Protect the general public by adequate staffing of necessary police, fire and rescue resources so that the diversion of resources to a public assembly does not impair the ability of emergency responders to provide adequate services throughout the City; 4. Protect the quiet enjoyment of private property and the dedicated use of public property; 5. Coordinate multiple,competing uses of limited public space; 6. Prevent use of public property,public grounds or facilities in a manner that is potentially dangerous, unlawful or impermissible under City,County, State or Federal laws,rules or regulations; 7. Provide a mechanism by which there is financial accountability for private use of public property,public grounds or facilities so as to preserve that property for the benefit of the public;and 8. Recover the costs to the City attributable to private use of public property. Subd. 2. Definitions. The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: A. Event or Planned Event—a parade,race or public assembly as hereinafter defined. B. Parade—any procession of pedestrians,vehicles or animals or any combination thereof traveling in unison along or upon a street, road or highway within the City which is organized and conducted for the purposes of attracting the attention of the general public or expressing or celebrating views or ideas by use of verbal, visual, literary or auditory means of communication. A `parade' shall not mean a procession of vehicles operated in compliance with ordinary traffic laws or a procession of pedestrians along or upon a public sidewalk or private property,or alongside a public street,road or highway in compliance with ordinary traffic laws. C. Person - one (1) or more natural persons; a partnership, including a limited partnership; a corporation; a trust; any other business organization;or association of any of the above. D. Public Assembly—any ceremony, show, pageant, fair, exhibit, promotion, block party, demonstration, picket line, rally or other gathering on public grounds in a place open to the general public where the person or group conducting or organizing the event reasonably anticipates that fifty (50) or more persons will participate in the assembly. A public assembly does not include any immediate and spontaneous expression of views in response to a public event occurring within the preceding five(5)days. E. Race— any scheduled public event or gathering of persons for a planned athletic event that moves upon a public street, sidewalk or other public grounds from one location to another such as bicycle or running races, which may potentially interfere with the normal flow or regulation of vehicular or pedestrian traffic. F. School (K-12) — establishments primarily engaged in providing instructional services to elementary or secondary students with a curriculum that complies with state regulations, including public schools governed by an elected school board, private schools and charter schools. Subd. 3. Permit Required and Voluntary Registration. A permit shall be required before any race, parade or public assembly may be conducted on public property within the City. No person shall conduct or engage in any parade, race or public assembly without a permit issued by the Chief of Police. Any person or group organizing or conducting a public assembly for which a permit is not required by this Section may voluntarily register that event with the Chief of Police at no charge. Subd.4. Permit Application. A. Filing. A person seeking issuance of a permit required by this Section must file a signed and completed application with the Chief of Police on the forms provided by the Police Department. In order to allow sufficient time for an appeal from a permit denial, it is suggested that applications be filed at least sixty (60) days prior to the event. Nevertheless, any fully completed, signed application filed within the minimum filing periods set forth below will be accepted during business hours as follows: 1. For events involving two hundred(200)or more persons or thirty(30)or more animals,not less than seven(7) business days prior to the planned event; 2. For any event that will make use of any portion of a public roadway, street or highway, not less than seven(7) business days prior to the planned event;and 3. For all other public assemblies,not less than four(4)business days prior to the planned event. The Chief of Police may waive the minimum filing period for good cause shown if, after due consideration of the date, time, place and nature of the event the anticipated number of participants, and the City services required in connection with the event, it is determined that the waiver will not adversely impact the public health, safety or welfare. B. Contents. The application for a permit under this Section shall request the following information: 1. The name, address, e-mail address, facsimile and telephone number of the person, group or entity responsible for the sponsorship of the event. 2. The names, addresses, e-mail addresses, facsimile and telephone numbers of the headquarters of the organization for which the event is to be conducted, if any, and the name(s) of the person(s) within that organization responsible for the event. 3. A letter of authorization from the person organizing the event,or on whose behalf the event is being organized, if different from the Applicant. 4. The names, addresses, e-mail addresses, facsimile and telephone numbers of the persons who will act as the coordinators responsible for the event. 5. The names,addresses,and telephone numbers of any sound technicians for the event. 6. The date and hours when the event will start and terminate,including set-up and teardown times. 7. A description of the planned activities, including the approximate number of participants, the type and number of any animals or vehicles involved and the approximate number of spectators and guests reasonably anticipated. 8. Where the Chief of Police determines based upon an assessment of the location, date, time of day, concentration of persons, vehicles, animals or equipment, use of sound amplification equipment or other equipment generating noise, vibration, dust or smoke, that the event appears likely to interfere with the safe and orderly movement of pedestrian or vehicular traffic contiguous to its route or location, interfere with the movement of firefighting equipment or ambulance service, lack adequate essential facilities for the health and safety of participants, or unreasonably interfere with the quiet enjoyment of neighboring properties or the dedicated use of the public property on which the planned event is to be situated, the Chief of Police may require, without reference to or consideration of the content of the expressive activity, views expressed or anticipated to be expressed or the response it may provoke,one or more of the following: (a) A site plan for the location of the event,the route to be traveled, if any, including the starting point and the termination point, and the maximum and minimum speeds of any travel. A required site plan shall also describe the amount of the public right of way, sidewalk, walkway, park or other public ground that will be occupied by the participants, guests and onlookers of the event, including any loading or unloading areas. (b) A parking,pedestrian circulation and traffic directional plan. (c) A neighborhood notification plan for any properties within five-hundred(500) feet of the property lines of the site of an event to be held at a single location covering two square blocks or less, or along the route of any race, march or parade, along with a signed statement by the Applicant attesting that the Applicant will send by regular mail or hand-delivery notice of the date, time, location and size of the event to the owners or occupants of those properties at least forty-eight (48) hours prior to the commencement of the event. 9. A description of any tents, stages, platforms, temporary structures, devices, tables, booths, first-aid or relief stations, dumpsters, fencing, portable toilets, signs, or banners to be used in conjunction with the event and their proposed location. 10. A description of any sound amplification equipment and its positioning and other mechanical or electronic equipment to be used in connection with the event. 11. A description of any public facilities or equipment to be utilized. 12. A description of the Applicant's plan to clean up and restore the site. 13. A description of any food or beverage service provided to the public or event participants. 14. A description of any merchandise sales or fundraising. 15. Name of the last city or town in which any parade, race, outdoor concert, or public assembly was conducted by the Applicant or the person on whose behalf the event is to be conducted and whether or not the Applicant has had a parade,race, outdoor concert or public assembly permit or license revoked within the preceding five (5)years. 16. Such other information as the Chief of Police requires in order to make a fair determination as to whether or not a permit should issue. C. Indemnification. The permit application for all events shall provide and require an indemnification agreement signed by the Applicant which shall read as follows: "In consideration for the use of public grounds and the grant of a permit for the purposes set forth in this Application, the Applicant agrees to defend, indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, suits, actions, debts, losses, damages, costs, charges, and personal injury, including death, resulting directly or indirectly from any act of negligence, either active or passive,on the part of the Applicant in the Applicant's use of public property specified in the Application." Subd.5. Fees. A. Permit Fees. Permit fees for events shall be $15.00 per day, and the permit fee shall be submitted with the application. Additional permits and fees may be required if the event includes public facility rental, tents or other attributes subject to separate regulation. B. Contractual Police Overtime Deposit. A fee for contractual police overtime must be paid prior to issuance of the permit if the Chief of Police determines, based upon the event's size, date, time of day, location, concentration of persons, vehicles,animals or equipment, that additional police services,over and above that which can be provided by regularly scheduled on-duty police personnel, is necessary to protect the public health, safety and welfare. In making this determination, the Chief of Police may not reference or consider the content of the expressive activity or views expressed or anticipated to be expressed or the response it may provoke. The fee for contractual police overtime shall be based upon the established contractual overtime rates for the patrol and supervisory officers available, which include regular salary,plus regular fringe benefits. Contractual police overtime rates shall be those established by the City's annual fee resolution. C. Other City Staff Overtime Deposit. A fee for estimated City staff overtime must be paid prior to issuance of the permit if the Chief of Police determines, based upon the event's size, date, time of day, location, concentration of persons, vehicles, animals or equipment, that additional City staffing is necessary to protect the public health, safety and welfare. In making this determination, the Chief of Police may not reference or consider the content of the expressive activity or views expressed or anticipated to be expressed or the response it may provoke. The fee for City staff overtime shall be based upon the actual overtime rates for the City staff available to serve the event, which shall include regular salary, plus regular fringe benefits. City staff overtime rates shall be those established by the City's annual fee resolution. Subd.6. Exemptions from Permit Fee and Application. A. Council Findings on Exemptions. The Council makes the following findings regarding the need to exempt certain persons from paying a permit fee and submitting a permit application for public assemblies: 1. Schools conduct and sponsor several public assemblies, such as outdoor concerts, athletic competition, field trips and music events on a regular basis, including marching band events, sporting events with musical components, art festivals, and student fund-raisers on property owned or leased by the school or used pursuant to a written agreement with the City. A permit application and fee for each such event would adversely impact the events, which benefit the community as a whole, and, in most cases, would represent a transfer of public monies between governmental units without any corresponding benefit to the community. 2. The City and other governmental agencies acting within the scope of their functions, sponsor many public assemblies. Payment of permit fees for each such City or other governmental agency sponsored event would adversely impact the events and would represent an internal transfer of public monies for no justifiable reason. B. Exemptions from Permit Fees for Public Assemblies. In light of the Council findings, the following persons are exempt from the fee for a permit under this Section for public assemblies,not including races or parades: 1. Schools conducting public assemblies on property described in Subdivision 6 (A) (1) under the immediate direction and supervision of proper school authorities; 2. Holders of a City Large Group Use permit, interim use permit or a written use agreement with the City for a planned event where the activities are limited to the authorized use set forth in the permit or agreement; 3. Persons who have entered into a rental or use agreement with the City for use of City parks or facilities or persons who have entered into a rental or use agreement with another governmental agency or who have been issued a permit from another governmental agency for use of parks or facilities located within the City which are owned or operated by said governmental agency;and 4. The City for City sponsored events or other governmental agencies for events sponsored by such agency acting within the scope of its functions; C. Exemptions from Permit Application for Public Assemblies; Registration. Those persons exempt from a permit fee in subpart (B) of this Subdivision, shall not be required to complete a permit application. However, whenever amplified sound is a component of the event or the event may potentially interfere with the normal flow of traffic, the exempt person must register with the City providing notice of the planned public assembly at least five (5) business days prior to the proposed event. The registration notice shall include the name and phone number of the person sponsoring or conducting the event;the date and time of the event;the location of the event;a description of any sound amplification equipment, or other mechanical or electronic equipment to be used in connection with the event; and such other information as the Chief of Police requires in the interest of the public health, safety and welfare. D. Responsibilities of Exempt Event Sponsors. Those persons exempt from a permit fee and application in subpart(B) of this Subdivision are nonetheless subject to all applicable state laws and City Code provisions, including without limitation City Code: Section 9.04(rules and regulations governing public parks);Section 9.34(obstructions on public property); Section 9.30 (disorderly conduct generally); Section 9.31 (disorderly conduct on school grounds and in school buildings); Section 9.41(noise); Section 9.35 (curfew); Section 5.37 (peddlers); Section 6.06 (obstruction in streets)and may be required to pay the cost of any law enforcement services over and above the level of City services available with regular on-duty staffing that are directly attributable to their event. The City's cost of repair, clean-up, or replacement of City property, public grounds or facilities damaged as a direct result of the event shall also be recoverable from the exempt event sponsor, as well as any City liability to third parties resulting from the exempt person's event. Subd.7. Permit Application Verification and Consideration A. Application Consideration. An application for a permit pursuant to this Section shall be submitted to the Chief of Police.The Chief of Police is empowered to conduct and shall conduct investigations to verify the information on the application. The Chief of Police shall then route the application to the Director of Community Development, Fire Chief, Director of Parks and Recreation and City Traffic Engineer for review and consideration based upon the applicable laws or regulations relating to the proposed public event and an assessment of the event's likely impact on the public health, safety and welfare. The Chief of Police may place conditions on a permit as may be necessary to ensure adequate parking and traffic circulation, to minimize impacts on adjacent property, to ensure compliance with all applicable laws and to otherwise protect the health, safety and welfare of the community. A permit shall be issued when it is found by the Chief of Police that: 1. The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; 2. The conduct of the event will not interfere with the movement of fire fighting equipment; 3. The conduct of the event will not require the diversion of so great a number of City police resources as to pose an adverse impact on the health,welfare and safety of the public; 4. The concentration of vehicles, persons and animals at public assembly points of an event will not unduly interfere with proper fire and police protection of,or ambulance service to,areas contiguous to such event; 5. The conduct of the event is not reasonably likely to cause injury to persons or property; 6. Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas of the event; 7. There are sufficient parking places near the beginning and end sites of the public assembly areas of the event; 8. The Applicant has paid all fees required under this Section; 9. The event is not being held for the primary purpose of advertising or selling any product or service and is not designed to be held purely for commercial purposes; 10. No event permit application for the same time and location is already granted,or has been received and will be granted, and no event listed in Subdivision 6 (B) is already scheduled for the same time and location. In the case of competing applications simultaneously under consideration for the same time and location,the Chief of Police will use an impartial,blind lottery to determine which Applicant is entitled to the permit. B. Approval or Denial. The Chief of Police shall act promptly upon a completed permit application but in no event shall fail to grant or deny a permit more than twenty(20)days after his receipt or less than forty-eight(48)hours prior to the event without the written consent of the Applicant. If the application is denied, in whole or in part,the Chief of Police shall notify the Applicant of the his determination in writing, setting out the specific reason therefore. The notice shall be mailed,e-mailed,or sent by facsimile to the Applicant at the street address,e-mail address,or facsimile number provided in the application and it shall inform the Applicant of the Applicant's right, within twenty(20) days after the date the notice was mailed to request an administrative review by the City Manager or the City Manager's designated representative of the Chief of Police's determination. The Chief of Police in denying an application for a permit may authorize an alternative permit for the parade, race, or public assembly at a date, time, location, route or under conditions different from that named by the Applicant. An Applicant desiring to accept an alternative permit shall,within five(5)days after notice of the denial, file a written notice of acceptance with the Chief of Police. C. Administrative Review. An Applicant has a right to request an administrative review by the City Manager or the City Manager's designated representative of the Chief of Police's determination to deny a permit within twenty (20) days after the date the notice of denial was mailed by serving the City Manager with a written request for administrative review along with all documents and written arguments serving as a basis for the Applicant's position. If a request for administrative review is timely received by the City Manager,the City Manager or the City Manager's designee shall issue a written decision, setting forth the reasons therefore within a reasonable period, in no case later than twenty (20) days from the date of receipt of the request for administrative review by the City Manager or the City's Manager's designated representative. The decision of the City Manager shall be mailed to the Applicant at the address on the permit application. Exhaustion of administrative remedies is not a precondition to judicial review. Subd.8. Permit Restrictions and Permit Revocation. A. Limitations. The Applicant, along with any person acting under the Applicant's control or direction, must conduct and control the event so that it remains at all times in complete conformity with all conditions set forth in the approved permit application. B. Application of Other Laws. In addition to the provisions of this Section,parades, races and public assemblies shall be subject to all other applicable state laws and City Code provisions, including without limitation City Code: Section 9.04 (rules and regulations governing public parks); Section 9.34 (obstructions on public property); Section 9.30 (disorderly conduct generally); Section 9.31 (disorderly conduct on school grounds and in school buildings); Section 9.41(noise);Section 9.35 (curfew);Section 5.37(peddlers);and Section 6.06(obstruction in streets). C. The Chief of Police shall have the authority to revoke a permit issued hereunder instantly upon violation of the conditions or standards for issuance as set forth in this Section,violation by any participant of City Code or state law, or in case of a public emergency. Subd.9. Prohibitions. A. No person shall stage,present,conduct or start any event without first obtaining a permit as required by this Section. B. No person shall unreasonably hamper, obstruct, or impede or interfere with any permitted event or person, animal or vehicle participating therein.No driver of any vehicle shall drive between the vehicles,persons or animals comprising a parade or race when such parade or race is in motion. The Chief of Police shall have the authority,when reasonably necessary, to prohibit or restrict the parking of vehicles along the route of the race or parade in areas contiguous thereto and shall post signs to such effect and it shall be unlawful for any person to park or leave a vehicle unattended in violation thereof. C. No person shall participate in an event for which the person knows or reasonably should have known that a required permit has not issued. D. No person in charge of,or responsible for the conduct of, a permitted event shall intentionally violate any condition of the permit. E. No person shall intentionally engage in, participate in, aid or start any event that poses a substantial hazard to the public safety. F. No persons participating in an event shall utilize sound amplification equipment at decibel levels that exceed those limits imposed by Section 9.41 unless otherwise specifically authorized in the permit. G. No person participating in an event shall possess any length of lumber, wood or wood lath unless it is one-fourth(1/4) inch or less in thickness and two (2) inches or less in width, or if not rectangular, not more than three-quarters (3/4) inch in its thickest dimension. Section 2.City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Effective Date: This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of August, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 22th day of August, 2008. ATTEST: a Teen Porta, City Clerk Phil Youn , NVYor PUBLISHED in the Eden Prairie News on the day of , 2008. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 20-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 6 BY REPLACING SECTION 6.20 IN ITS ENTIRETY WITH REGULATIONS RELATING TO PARADES, RACES AND PUBLIC ASSEMBLIES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 20-2008. The full text is available for public inspection by any person during regular business hours at the office of the City Clerk: The ordinance amends Chapter 6 of the City Code by replacing Section 6.20 in its entirety with regulations relating to parades, races and public assemblies. The former ordinance regulates parades only. Along with parades and races, the new ordinance regulates public assemblies of 50 or more persons held on public property within the City. The ordinance requires organizations and/or individuals to submit a detailed application and permit fee before any race, parade or public assembly of 50 or more people may be held on public property within the City. The ordinance does not apply to events held on private property. In addition, schools, City and other governmental agency sponsored events, holders of large group use permits and interim use permits issued by the City and persons with rental or use agreements with the City are exempt from the application requirement and permit fee. The ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 6.99 which contain definitions and provisions relating to penalties. Effective Date: This ordinance shall become effective from and after its passage and publication. ATTEST: i at en Porta, City Clerk Ph' Young, Mayor PUBLISHED in the Eden Prairie Sun Current on the day of , 2008.