HomeMy WebLinkAboutOrdinance No. O22-06ORDINANCE NO. 022-06
AN ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE
LAUREL MUNICIPAL CODE RELATING TO SPECIAL EVENT 1
THE CITY OF LAUREL
OF THE
ITS FOR
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situation and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, City Staff prepared, reviewed, and approved the following
the existing Title 12.18 (Special Event Permits) as noted herein and hereby n
same to the City Council for their full approval.
Chapter 12.18 SPECIAL EVENT PERMITS
12.18.005 Purpose and Definitions.
unduly impact the viabilitv of events.
B. Definitions. The following definitions apply to this Chapter:
1 Under this ehapter"Eevent" means and includes, bu is not
limited to: parade, gathering, row test. walk, run, demonstration, athletic
event, speech, exhibition or motorcade. This'definition also s e ificall
relations or controls. This definition is not all-inclusive. and t e term
"event" may be what a "reasonable person" under the circustances
would believe it means.
(Ord. 07-03 (part), 2007)
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
S to
the
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Ordinan
12.18.010 Requirement to Oebtain Sspecial Eevent 1!permit.
A. It is unlawful for any person to conduct any event in or upon any
public
street, highway. sidewalk_-efalley, or other public way owned, controlled,
or
in
maintained by or within the 444,-Ceity of Laurel, or knowingly participate
any such event, unless and until a special event permit to conduct such
event
has been obtained from the Ceity of Laurel.
B. It is unlawful for any person to conduct any event in or. u onDl-0VertY
owned controlled or maintained by the City of Laurel, or knowingly
ici ate
in any such event, unless and until a special event ermit to conduct such
event
has been obtained from the City of Laurel if -
f:1.
1 .The event involves more than twenty-five (25) people:
2. The event involves the consum tion of alcoholic bevera
s:
3. The event involves the physical alteration to City propert
4. The event involves vendine/solicitation, or
5. If fees are to be collected by the permittee for the event.
C. The following activities are exem t from the s ecial event
Deimit
requirement: funeral vrocessions. lawful picketing on sidewalks when
the
number of participants does not substantially impede, obstruct, im
air or
interfere with the free use of the sidewalk or the conduct of business,
and
activities conducted by a governmental agency acting within its sc
a of
authority.
(Ord. 07-03 (part), 2007)
12.18.020 Permit Ffees.
Special event permit applicants shall pay a fee upon submittal of the appl
cation
for the permit. The fee amount shall be determined by Rfesolution passed
by the
Ceity of Laurel Ceity Ceouncil. The fee is due upon application for the
permit,
and no permit shall issue without the fee being paid prior to issuance except
by
express waiver determined by the e eAMayor. The 645, 60tiflei
Mayor
shall have the authority to waive the permit fee.
The Mayor, with the consultation of City Staff, may also set addition
il fees
related to s ecific events, based upon the demands and costs to the
QjLh
:e No. 022-06 Title 12, Special Event Permit Code Amendments
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or numbering
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event and the invoice is due and payable within ten 10 business cays of
invoicing by the City. An applicant can reguest an estimate of the additional
fees prior to issuance of the permit.
(Ord. 07-03 (part), 2007)
12.18.030 Application and Aapproval P-process.
A. The application for such permit shall be made in writing on an approved
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form available at the Csity Cslerk-T4reasurer's office. Any person who ants to
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.conduct a special event on a Csity of Laurel street or sidewalk shall applyto the
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Csity for a special event permit at least thirty 30 ten .•.^business days in
advance of the date of the event.
B. The Mmayor may, in his or her discretion, consider any application
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-for
a permit to conduct an event that is filed less than thi 30 Wn business
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days prior to the date such event is to be conducted. b
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C. After review of the application and approval by the Coity public
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Wiorks Director, Cehief of Ppolice, Hire Cehief_-an4-Aambulance D� rector,
o", Numbered + Level: 1 + Numbering Style: A, a, c, ... +
and City Attorney, and payment of the permit fee by the special event permit
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applicant, the Mmayor shall issue the special event permit, if he/she determines
such issuance is in the best interests of the Csity of Laurel.
D. The Mayor may lace reasonable conditions on any special event permit
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concernin the time lace or manner of holdingthe event as is neces to
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Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at:
limited to:
Formatte�Indent
�Lftr,
�Aften
4pt�,
1. Establishment of an assemblyor disbandingarea fora a ade or Formatte
like event:
transportation plan:
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
Ordinanc
3. Conditions designed to avoid or lessen interference with
public
safety functions and/or emergency service access;
4. Number and type of vehicles animals or structures
to be
displayed or used in the event and their locations;
5. Provision and use of traffic cones or barricades;
dica
6. Provision oro eration of sanitary facilities, includine h
accessible sanitary facilities;
7. Provision of a waste management plan. and the cleanup
and
restoration of the site of the event;
8. Use of sound am lification equipment, and restrictions
on the
amount of noise ' enerated by motors and other equipment use
in the
course of the event;
9. Manner of providing notice of oermit conditions to
ermit
artici ants and those businesses or residents who may be
irectl
affected by the conduct of the event;
10. Reasonable designation of alternate sites, times, dates or
modes
for exercising expressive activity;
11. Obtaining of any and all business licenses or other necessary
permits required by this Code for the sale of food, beverage or
other
goods or services at the event;
12. Manner by which alcohol sales and service, if any. s
iall be
conducted at the event
13. Limitations on the use of spray aint or chalk mint as dire
tional
cues for participants; and
14. Provisions for public safety and the preservation of
oublic
property such as traffic/pedestrian control, fire safety. the clo
ure of
streets or intersections, the diverting of traffic, etc.
licant
E. Approval for the Permit must be obtained prior to thea
beginning any advertising for the event.
(Ord. 07-03 (part), 2007)
12.18.040 Permit Application Ceontents.
;e No. 022-06 Title 12, Special Event Permit Code Amendments
Ordinan
In order that adequate arrangements may be made for the proper policing
of the
event, the application shall contain; at a minimum, the following inform
tion:
A. The name of the applicant, the sponsoring organization, and th
event
chairperson, and the addresses-atd-telephone numbers, and email addresses
of
each;
B. The purpose of the event, the dates and times when it is proposed
to be
conducted, and the route or specific area requested for use or any proposed
alternate event route or deviation from the established route, to include:
1. The location of the assembly area, the location of the dist
anding
area, route to be traveled, and
2. The approximate time when the event will gather, fro
start
toand finish.;
C. E—A Dian depicting the placement of temporM structures or facil
ties on
public vrovertv or public rights-of-way and, if the event is a march,
parade
or process, a man of the Proposed route.
D. A description of the individual vehicles, groups, or bands, incli
iding a
description of any music or sound amplification equipment to be used,
if
applicable;
E.P. A statement regarding whether or not alcohol will be available or
served
and a copy of anXapplicable alcohol license or catering license;
F. A statement of anv fees to be charged to varticivants or sDectators
in
connection with the special event:
G. The approximate times when assembly for, and disbanding
of the
special event is to take place:
H. Whether the Dermittee is requested any special signage to be DI
-ovided
by the permittee):
I. Insurance information:
J. Whether the permittee will provide any portable toilets:
K. Provisions for trash removal and clean-up. if necessary:
.e No. 022-06 Title 12, Special Event Permit Code Amendments
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Ordinan
L. The anticipated attendance at the event:
M. Whether provisions will need to be made for Dublic safetv
arid the
reservation of vublic moverty. such as traffic/pedestrian control, fire
safetv.
emergency response services, the closure of streets or intersections,
the
diverting of traffic, and the like:
N. Any other information reasonably required by the Mao.
(Ord. 07-03 (part), 2007)
12.18.050 Permit R-Fequirements and Ceonditions.
A. For all special event permits, the Mmayor may specify an
other
additional requirements,
ehie fe ambulanee direeter or public d-: rtAr reasonably necess
for the
protection of persons or property.
B. The Mayor may refer the avolication to such Citv devartments
or
personnel as he or she deems necessary for review, evaluation investi2al
ion and
recommendations regarding approval or disapproval of the application.
CR. Each permittee shall comply with all conditions stated in the
special
event permit. Failure by the permittee to comply with all special eveni
permit
conditions may result in revocation of the special event permit. In a
idition,
failure to comply with the conditions may result in denial of future speci
it event
permits to the permittee that failed to comply.
(Ord. 07-03 (part), 2007)
12.18.060 Insurance and Indemnitv.
Sponsoring persons, organizations, companies, corporations or other
entities
applying for a special event permit shall hold the Ceity harmless and in
emnifv
special
from any and all claims, damages, loses and expenses arising from the
event. Applicants for a special event permit shall agree in writing
o hold
harmless and indemnify the Ceity for any and all claims, lawsuits or 1
ability,
including attorney's fees and costs allegedly arising out of the loss, d
age or
injury to persons or personal or public property occurring during the c
urse of
or pertaining to the special event caused by the events sponsoring organizations,
companies, corporations, or other entities, their officers, employees, or
agents.
The sponsoring organization shall carry appropriate insurance as reeammmided
by sta€frequired by the City, including comprehensive general liability,
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automobile liability and/or designated premises liability in the minimumainount
of two ane million dollars per occurrence and four tA�e-million dollars aggregate
per event or location_ ^ Tthe Csity of Laurel must be named as an
additional named insured.
The Mmayor has the authority to waive their -requirements contained in this
Section. Additionally, the Minayor may require insurance coverage in E higher
or lower amount based upon the type of special event, the number of ersons
anticipated to attend the special event, or the anticipated number of ersons
participating in the special event.
application for a special event permit.
(Ord. 07-03 (part), 2007)
(Ord. No. 014-02, 7-15-2014)
12.18.070 Alcohol.
No sales or soliciting are allowed unless proper licensing is prepared in
of the special event.
The applicant must demonstrate that all state and local liquor control reg lations
pertaining to the sale and consumption of alcohol have been compliedith and
must provide copies of all applicable state and local liquor permits ith the
special event application.
Any person, company, corporation, association or other entity condi. cting a
special event, within Ceity jurisdiction, shall, at the discretion of the mayor,
be entitled to a special permit to sell beer and/or alcohol to the patron of the
special event to be consumed within an enclosure wherein the event is held. The
applicant must specify, in their request for the special event alcohol per nit, the
location and size of the area wherein they propose to sell the alcoh 1. The
Mmayor, at his or, her discretion, may specify the location and size of he area
at the special event where the alcohol may be consumed.
The fee for special event alcohol permit shall be set by City
Rfesolution. This fee shall be paid upon presentation of the spec
application along with the special event alcohol permit application to
Celerk-Ttreasurer. If the special event alcohol permit is denied,
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
event
Csity
Csity
Celerk-Ttreasurer shall refund the special event alcohol permit fee
applicant.
If the Csity has revoked a special event permit of the special event
permit applicant for any reason within the last five years, the specie
alcohol permit may be denied.
The City Ppolice Ddepartment may revoke the special event alcohol F
those in attendance become unruly, if property is damaged, or for other
that adversely affect the public health, safety and welfare of the citi
Laurel or those people attending or participating in the special event.
(Ord. 07-03 (part), 2007)
12.18.080 Permit Dduration.
The event permit shall issue with specific delineation of the event le
proposed time requirements estimated for the event. Only. under
conditions or situations shall the event run longer than the proposed
time specified in the special event permit, and then only with specific
granted by the Mmayor. If the Mrnayor permits an extension for time t
provision, the Csity Cslerk-Ttreasurer must provide notice to the Csity
Cshief of !!police, Hire Cshief, Ambulance Director, and the Ppublic
Ddirector.
(Ord. 07-03 (part), 2007)
12.18.090 Issuance of j!permit
to the
alcohol
event
trait if
easons
ens of
th and
ctreme
gth of
thority
ler this
A. Issuing Permits. The Mfaayor shall issue a special event ermit,
however, the granting of the permit is contingent upon the applicant sig ing the
special event permit application. The special event permit must st to the
applicant's intent to adhere to the conditions stated in the special event permit
application.
B. Denial of Permit Application. The Mlnayor shall deny an al
a special event permit and shall notify the applicant of such denial
I. The Mfaayor or other reviewing authority for the Ceity
makes any finding contrary to the findings required to be ma,
issuance of a permit, or the himayor determines issuance is
best interest of the city; or
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
for
for the
in the
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2. The location, time, route, or magnitude of the event will Pisrupt
to an unreasonable extent the movement of traffic, either pedes rian or
motor vehicle; or
3. The event requires a significant quantity of law enforce ent to
properly control movement of participants and spectators in are Ets near
or on the event site in such quantity to disable reasonable law
enforcement protection for the spectators, participants and residents of
the Ceity of Laurel; or
4. The special event will disrupt or inhibit with other events
previously granted a special event permit occurring in the C ity of
Laurel on the same day and time; or
5. The permittee provided false or misleading informatio to the
special event permit application concerning any relevant data; o
6. The permittee fails to agree, abide by or comply with all
conditions of the special event permit.
7. Upon notice to the permittee of the denial of the special event
permit, the Mmayor must also provide notice of denial of the special
event permit to the Cehief of Ppolice, Hire Cehief, Aam ulance
124irector, and to the Ppublic Works Ddirector.
(Ord. 07-03 (part), 2007)
12.18.100 Revocation.
The Ceity may revoke any special event permit granted under the terms of this
chapter if it becomes known to the Ceity that the permittee is in any manner
failing to comply with the terms of this chapter. In the event of such revocation,
the person to whom such special event permit was granted shall thereafter be
operating without a special event permit and shall be subject to penalties as
provided in the Csity of Laurel Municipal Code. The special event permit
granted may be revoked in the manner provided for the revocation of licenses
and permits generally.
If the Mitayor determines that the safety of the public or property requires
revocation of the special event permit due to disaster, public calamity, riot or
other emergency, the special event permit may be summarily revoked by the
Mmayor. Notice of such action revoking a special event permits all be
delivered in writing to the permittee by personal service or by certified mail, and
notice shall also be provided to the Csity Celerk-Ttreasurer, the
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments
Cshief of Ppolice, the Hire Cshief, the Aambulance Ddirector, and thepublic
Wworks Ddirector.
(Ord. 07-03 (part), 2007)
12.18.110 Officials to be Nnotified of I!permit Iissuance.
Immediately upon the Mmayor's approval and issuance of the speci event
permit, the Csity Celerk-Ttreasurer shall deliver a copy of the permit to the
Cshief of Ppolice, the F€re Cehief, the Aambulance Ddirector, aPA-the Poublic
Wworks Ddirector, and the Citv Attomev.
(Ord. 07-03 (part), 2007)
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the Cityouncil on the
25" day of October 2022, upon Motion by Council Member Herr.
PASSED and ADOPTED by the Laurel City Council on second readin on the 8h day
of November 2022, upon Motion by Council Member Wheeler.
APPROVED BY THE MAYOR on the 8' day of November 2022.
LAUREL
Dave Waggoner, Mayor
ATTEST:
1 recker er -Treasurer
APPROVED AS TO FORM:
ichele L. Braukmann, Civil City Attorney
Ordinance No. 022-06 Title 12, Special Event Permit Code Amendments