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HomeMy WebLinkAboutOrdinance No. O07-03ORDINANCE NO. 00'/-03 ORDINANCE TO REGULATE STREET AND SIDEWALK USAGE AND PERMITTING IN THE CITY OF LAUREL WHEREAS, it is the intent of the City of Laurel to manage temporary usage of streets and sidewalks of the City of Laurel, Montana in an equitable, lawful and orderly manner; and WHEREAS, the City Council has determined it is in the best interest of the City to maintain orderly and constructive use of its streets and sidewalks for the health, safety and welfare of the citizens and guests in the City of Laurel. In order to create an orderly and fair process, the City Council, by adopting this Ordinance hereby delegates its authority to regnlute the use of streets, sidewalks and city fights-of-way to the Mayor as provided herein; IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the Laurel Municipal Code is hereby mended as set forth below. ' 12.18.0 DEFINITIONS Under this article, "event" includes but is not limited to: parade, gathering, watk, run, demonstration, athletic event, speech, exhibition or motorcade. This definition is not ail- inclusive and the term "event" may be what a "reasonable person" under the circumstances would believe it means. 12.18.1 REQUIREMENT TO OBTAIN SPECIAL EVENT PERMIT It is unlawful for any person to conduct any event in or upon any public street, sidewalk or alley in the City of Laurel, or knowingly participate in any such event unless and until a Special Event Permit to conduct such event has been obtained from the City of Laurel. 12.18.2 PERMIT FEES Special Event Permit applicants shall pay a fee upon submittal of the application for the permit. The fee amount shall be determined by resolution passed by the City of Laurel City Council. The fee is duc upon application ~or the p~rxtdt, and no p~nuit shall issue without the fee being paid prior to issuance except by express waiver determined by the City Council. The City Council shall have the authority to waive the permit fee. 12.18.3 APPLICATION & APPROVAL PROCESS The application for such pcandt shall be made in writing on an approved form available at the City Clerk's office. Any person who wants to conduct a Special Event on a City of Laurel street or sidewalk shall apply to the City for a Special Event Permit at least ten working (10) days in advance of the date of the event. The Mayor may, in his or her discretion, consider any application for a pemtit to conduct an event that is filed less than ten (10) working days prior to the date such event is to be cenductad. 00%03 Special Event P~rmitting 1 After review of the application and approval by the City Public Works Director, Chief of Pohea, Fire Chief and Ambulance Director, and payment of the pemdt foe by the Special Event Permit applicant, the Mayor shall issue the Special Event Permit, if he/she determines such issuance is in the best interest of the City of Laurel. 12.18.4 PERMIT CONTENTS In order that adequate arrangements may be made for the proper policing of the event, the application shall contain, at a minimum, the following information: lc The name of the applicant, the sponsoring organization, the event chairperson and the addresses and telephone numbers of each; b. The purpose of the event, the date when it is proposed to be conducted, and the route or specific area requested for use or any proposed alternate event route or deviation ti~m the established route, to include: The location of the assembly area, the location of the disbanding area, route to be traveled; and The approximate time when the event will gather, start and finish. c. A description of the individual vehicles, groups, or bands, including a description of any sound amplification equipment to be used if applicable. d. A statement regarding whether or not alcohol will be available or served. 12.18.5 PERMIT REQUIREMENTS & CONDITIONS a. For all Special Event Permits, the Mayor may specify any other additional requirements requested by the City Clerk, Police Chief; Fire Chief; Ambulance Director or Public Works Director reasonably necessary for the protection of persons or property. b. Each Permittee shall comply with all conditions stated in the Special Event Permit. Failure by the ?ramitee to comply with all Special Event Pea~t conditions may result in revocation of the Special Event P~mdt. In addition, failure to comply with the conditions may result in denial of future Special Event Permits to the P~mfitee that failed to coa~ly. 12.18.6 INSURANCE Sponsoring persons, organizations, companies, coq~orations or other entities applying for a Special Event P~mdt shall bold the City b. armless fi'om any and all chinas, damages, loses and expenses arising fix>m the special event. Applicants for a Special Event Permit shall agree in writing to hold harmless and indemnify the City for any and all claims, lawsuits or liability including attorney's fees and costs allegedly arising out of the loss, damage or injury to persons or personal or public property occurring during the course of or pertaining to the special event caused by the events spousoring organizations, cou~Janies, corporations, or other entities, their officers, employees, or agents. The sponsoring organization shall carry insurance for comprehensive general liability, automobile liability and designated premises liability in the amount of $750,000.00 for each OO7-03 Special Event Permitting 2 claim and $1.5 million for each occurrence, and list the City of Laurel as an additional named The Mayor has the authority to waive this requirement. Additionally, the Mayor may require insurance coverage in a higher or lower amount based upon the type of special event, the number of persons anticipated to attend the special event, or the anticipated number of persons participating in the special event. 12.18.7ALCOHOL No sales or soliciting are allowed unless proper licensing is prepared in advance of the special event. The applicant must demonstrate that all state and local liquor control regulations pertaining to the sale and consumption of alcohol have been complied with and must provide copies of all applicable state and local liquor permits with the Special Event Application. Any person, corapany, corporation, association or other entity conducting a special event, within City jurisdiction, shell, at the discretion of the Mayor, be entitled to a special p~mdt to sell beer and/or alcohol to the patrons 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 Permit, the location and size of the area wherein they propose to sell the alcohol. The Mayor, at his/her discretion, may specify the location and size of the area at the special event where the alcohol may be consumed. The fee for Special Event Alcohol P,mdt shall be set by Council resolution. This fee shall he paid upon presentation of the Special Event Application along with the Special Event Alcohol P~m,/t Application to the City Clerk. If the Special Event Alcohol Permit is denied, the City Clerk shall refund the Special Event Alcohol Permit fee to the applicant. If the City has revoked a Special Event Permit of the Special Event Alcohol Permit applicant for any reason within the last five (5) years, the Special Event Alcohol Permit may be denied. The Police Department may revoke the Special Event Alcohol Permit if those in attendance become unruly, if property is damaged, or for other reasons that adversely affect the public health, safety and welfare of the citizens of Laurel or those people attending or participating in the special event. 12.18.8 PERMIT DURATION The Event P~xnfit shall issue with specific delineation of the event length and proposed time requirements estimated for the event. Only under extreme conditions or situations shall the event run longar thun the proposed length of time specified in the Special Event Permit, and then only with specific authority granted by the Mayor. If the Mayor permits an extension for time ~7-03SpecialEventPexmitfing 3 under this provision, the City Clerk must provide notice to the City of Laurel Chief of Police, Fire Chief and the Public Works Director. 12.18.9 ISSUANCE OF PERMIT a. Issuing Permits The Mayor shell issue a Special Event P~m&, however, the granting of the p~wit is contingent upon the applicant signing the Special Event Permit Application. The Special Event Permit must state the applicant's intent to adhere to the conditions stated in the Special Event P~m,it Application. b. Denial of P~mtit Application. The Mayor shall deny an application for a Spec/al Event Permit and shall noti~ the applicant of such denial when: 1. The Mayor or other reviewing authority for the City of Laurel makes any finding contrary to the findings required to be made for the issuance of a permit, or the Mayor detm~dnas issuance is not in the best interest of the City; or 2. The location, time, route, or magnitude of the event will disrupt to an unreasonable extent the movement of traffic, either pedestrian or motor vehicle; or 3. The event requires a significant quantity of law enforcement to properly control movement of participants and spectatom in areas near or on the event site in such quantity to disable reasonable law enforcement protection for the spectators, participants and residents of the City of Laurel; or 4. The special event will disrupt or inhibit with other events previously granted a Special Event P~mdt occardng in the City of Laurel on the same day and time; or 5. The Permitce provided false or misleading information in the Special Event P~mfit Application cenceming any relevant data; or 6. The Permitee fails to agree, abide by or comply with all conditions of the Special Event Permit. 7. Upon notice to the Permitee of the denial of the Special Event Permit, the Mayor must also provide Notice of Denial of the Special Event Permit to the Chief of Police, Fire Chief, Ambulance Director and to the Public Works Director. 12.18.10 REVOCATION The City may revoke any Special Event Peru,it granted under the terms of this article if it becomes known to the City thet the P~,mittee is in any manner failing to comply with the terms of this article. In the event of such revocation, the person to whom such Special Event P~mfit was granted shall therenRer be operating without a Special Event Pvmdt and shall be subject to penalties as provided in the City of Laurel Municipal Code. The Special Event P~'nit granted may be revoked in the manner provided for the revocation of licenses and permits generally. O07-03 Special Event Permitting 4 If the Mayor detv, mines 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 Mayor. Notice of such action revoking a Special Event P~.ait shall be delivered in writing to the Pc~afittee by personal service or by certified mail, and notice shall also be provided to the City Clerk, the City of Laurel Chief of Police, the Fire Chid; the Ambulance Director and the Public Works Director. 12.18.11 OFFICIALS TO BE NOTIFIED OF PERMIT ISSUANCE Immediately upon the Mayor's approval and issuance of the Special Event Pv.~dt, the City Clerk shall deliver a copy of the Permit to the Chief of Police, the Fire Chieq the Ambulance Director and the Public Works Director. This Ordinance shall become effective thirty (30) days after final passage by the City Council and approval bythe Mayor. Introduced and passed on first reading at a regular meeting of the Laurel City Council on this 20thdayof March a2007byAlderperson Poehl$ PASSED and ADOPTED by the Laurel City Council on second reading this 1st day of May ,2007 upon motion of Alderperson Hart APPROVED BY THE MAYOR this lst dayof May ,2007. ATTEST: Elk River Law Office, P.L.L.P. 007-03 Special Ewnt Permitting 5 CITY OF LAUREL SPECIAL EVENT PERMIT APPLICATION APPROVAL CHECKLIST 1. Public Works Director Public Works Director Date Chief of Police Date Ambulance Director Date Fire Chief Date Mayor Date 2. Chief of Police 3. Ambulance Director 4. Fire Chief 5. Mayor 007-03 Approval Form - Special Event Pe~mit6ng