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HomeMy WebLinkAboutNo 886 Article VII. Large Assemblies ORDINANCE 886 ARTICLE VII. LARGE ASSEMBLIES Sec. 14-381. Purpose. This article is established in order to regulate the assembly of large numbers of persons whose presence in the city can reasonably be anticipated to exceed the capability of the health, sanitary, fire, police, transportation and utility services provided by the city and in order to establish regulations which protect the health, safety and welfare of all persons within the city. (Code 1982, § 20-91) Sec. 14-382. 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: Large assembly means a gathering numbering more than 500 persons; or actions by one or more persons, the intention of which is to attract and assemble a gathering of persons in excess of 500 at a single time and place for any purpose. (Code 1982, § 20- 92) Sec. 14-383. License required. No person shall permit, maintain, promote, conduct, advertise, manage, sell, barter or give tickets to an actual or reasonably anticipated assembly of 500 or more people, whether on public or private property, unless a license to hold the assembly has been first issued by the city as provided in this article. In addition to the license required in this section, the applicant must possess and submit to the city any other necessary state licenses and/or permits necessary to carry on the assembly. In the event the city denies the license, the applicant can appeal the decision to the city council. (Code 1982, § 20-93) Sec. 14-384. License exemptions; applicability. (a) Large assemblies sponsored by the city do not require a license. (b) This article shall not apply to any regularly established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum or other similar permanently established place of assembly that does not exceed 150 percent of the maximum occupancy of such building or facility. (Code 1982, § 20-94) Sec. 14-385. Prohibited in certain areas. Large assemblies may be prohibited and a license denied upon a finding by the city that the proposed assembly is incompatible with existing residential land uses. Factors considered in determining incompatibility include without limitation noise, lighting, traffic, sanitation, congestion of persons, communications, water supply, waste disposal, enforcement of laws against contraband of all types, physical damage to adjoining properties, parking areas, fire hazard, containment on the site, obedience to other sections of this Code or other city ordinances and state and federal statutes, and other factors affecting the public health, safety and welfare of the public. (Code 1982, § 20- 95) Sec. 14-386. Application for license. The application for a large assembly license shall be made in writing and filed with the city clerk no less than 45 days in advance of the proposed date for the large assembly, upon forms supplied by the city clerk. The application shall contain without limitation the following information: (1) The contact informationof the applicant, if an individual; all partners if a partnership; and all officers of the corporation if the applicant is a corporation. (2) The address and legal description of all property which will be in any way used or occupied by the large assembly. (3) The names and addresses of all persons holding an equitable or legal interest in land, except mortgagees, where the proposed large assembly is to be conducted, together with a written statement of their approval of such use. (4) The names and addresses of all persons with a legal or equitable interest in the land which abuts the subject property. (5) A full description of the nature, purpose and extent of the proposed large assembly. (6) 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. (7) The full description and information on security plans to be utilized at the proposed large assembly by the applicant. (8) A full description of plans for sound amplification and sound control to be utilized by the applicant. (9) Plans for any food or other concession which will be provided, together with the name, address and licensing information of all concessionaires. (10) All other information which would be required by section 14-388. (11) Any other information required or requested by the city clerk,environmental health officer or public safety representatives. (12) All site clean up from the event shall be complete within 36 hours from the termination of the large assembly event. (13) The nonrefundable investigation fee as provided in section 14-387. (Code 1982, § 20-96) Sec. 14-387. Administrative fees. 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 legal, engineering, planning, sanitation, health, traffic control, and other law enforcement services which are directly attributable to the large assembly. (Code 1982, § 20-97) Sec. 14-388. Conditions of approval. Under this article the city may impose any condition reasonably required to protect the health, safety and welfare of the general public and the persons assembled, including without limitation the following elements: (1) A fence, barrier or other enclosure which controls and regulates ingress and egress to and from the assembly with reasonable safety and speed. (2) A potable water supply, meeting all local, state and federal standards for sanitation, quality and quantity at the rate of one gallon per person per day. (3) Separate enclosed toilets for males and females which meet state specifications, conveniently located throughout the grounds, in sufficient numbers to meet the state board of health regulations and standards. (4) An efficient and sanitary method of disposing of solid waste at the rate of at least 2.5 pounds per person per day, together with provisions for restoration of the site to its original condition. (5) A lighting plan for safe illumination during the hours of darkness. (6) Security officers, private, off-duty or on-duty state law enforcement peace officers in sufficient numbers to provide for adequate safety and security of the proposed assembly. Security and traffic control must meet the requirements of all state authorities and approval of the chief of police. (7) An administrative communications control center for communication with the city officials either by messenger or telephone while the large assembly is being operated. (8) Sufficient physicians, nurses, or other medical personnel licensed to practice in the state and sufficient to provide emergency medical care, together with at least two emergency ambulances with attendants for each 2,500 people anticipated in the proposed assembly. (9) A parking area off the public right-of-way and inside the proposed large assembly area sufficient to provide parking space for one vehicle per each four persons anticipated unless participants are bused in from another location. Permission for parking from all affected property owners must be obtained. (10) A fire protection plan to be provided by the applicant, including without limitation an alarm system, fire extinguishing devices, fire lanes, together with sufficient personnel supplied by the applicant to efficiently operate the required equipment. (11) Copies of descriptions of all proposed advertising to ensure that the proposed advertising conforms with the plans as presented to the city. (12) Any restrictions on sound and sound reproduction and amplification as are necessary to contain unreasonable noise within the enclosed boundaries of the location of the large assembly. (13) A surety bond or other financial guarantee approved as to form by the city and established by the city council in an amount of not less than $5,000.00 to guarantee performance by the applicant of the conditions imposed by the city in granting the large assembly license. (14) A comprehensive general liability insurance policy 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. (Code 1982, § 20-98) Sec. 14-389. Maximum size and time. The city may limit the size and time of the large assembly after considering without limitation those matters set forth in section 14-385. (Code 1982, § 20-99) Sec. 14-390. Overnight camping. 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 unless permitted by the city as part of the application process. (Code 1982, § 20-100) Sec. 14-391. Issuance of license; enforcement. (a) The large assembly license shall be issued by the city clerk after review by the appropriate city departments, such as, but not limited to, environmental health and public safety including the Fire Marshall. The license shall contain a statement of all conditions as required in Sec. 14-388 of this article. (b) Enforcement of this article and of any large assembly license may take any of the following forms within the discretion of the city: (1) Enforcement by declaring such large assembly to be a public nuisance followed by abatement procedures provided by statute or ordinance. (2) Enforcement by injunction, declaratory judgment, or any other civil remedy by any court of competent jurisdiction. (3) Enforcement by issuing a citation or criminal complaint against persons parking automobiles in violation of this article or any condition of the large assembly license and the towing of such automobiles at the expense of such persons. (4) Enforcement by disbursing all persons gathered at such large assembly. (5) Enforcement by revoking the large assembly license, ordering removal of all large assembly paraphernalia and the disbursing of persons gathered at the large assembly. (Code 1982, § 20-101) Sec. 14-392. Penalties for violations. (a) Any person who obtains a large assembly license and any employee or agent thereof who violates this article or any condition of any large assembly license issued, upon conviction thereof by lawful authority, shall be punished in accordance with section 1-15. (b) The applicant shall be required to post copies of the large assembly license at several locations in and about the premises, including the automobile parking area. Any participant in the large assembly, other than the applicant and his employees, who violates any provision of such posted conditions which is specifically applicable to participants, upon conviction thereof by lawful authority, shall be punished in accordance with section 1-15. (Code 1982, § 20-102) Secs. 14-393 - 14-420. Reserved. The Maplewood City Council approved this ordinance on May 5, 2008.