HomeMy WebLinkAbout2004-13 Establishing Section 225 EDINA ORDINANCE NO. 2004-13
AN ORDINANCE ADDING NEW SECTION 225
OF THE CITY CODE-SPECIAL EVENTS
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. The following new Section 225 is added to the City Code:
225.01 Declarations; Purpose. The purpose and intent of this Section is to:
A. Provide a systematic application process for events having an effect on
public property and/or public services.
B. Lessen undue impact on private property.
C. Ensure that City, state and federal codes are adhered to.
D. Recapture any City expenditures lost for the development of, and
operational costs for, a privately sponsored event.
225.02 Definitions.
Event. Any parade, race or special event that requires closure of a public street
or special traffic control.
Parade. Any parade, march, or procession in or upon any street except the
sidewalks thereof, or in or upon any alley in the City.
Race. Any organized bicycle race, foot race, race walking, wheelchair racing,
rollerblading, marathon,jogging event, and similar events.
Special Event. Any privately sponsored event as defined by paragraph A of this
Subsection 225.02, which occurs on a public street, sidewalk or any municipal
property. This includes, but is not limited to, any fair, show, carnival, sporting
event, school event and grand opening.
225.03 Permit Required; Procedure Exceptions. No person shall engage in,
participate in, aid, form or start any event, unless a permit has been procured
therefore. The provisions of Section 160 of this Code shall apply to all permits required
by this Section and to the holders of such permits except the permit shall be issued or
denied by the Manager. No permit shall be required for:
A. Funeral processions.
B. Governmental agency acting within the scope of its functions.
C. Block parties on a residential street that has an average daily traffic volume
of less than 1000 vehicles per day provided that the block party does not occur
more than once annually for in excess of 8 hours.
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D. Lawful picketing.
E. An event taking place entirely within the confines of a City park subject to
the written permission of the Park Director pursuant to Section 1230 of this
Code.
225.04 Application For Permit.
Subd. 1 Time for Application. A person seeking issuance of an event permit
shall file an application with the Clerk on forms provided by the Clerk. The
application shall be accompanied by the fee set forth in section 185 of this Code.
To ensure an orderly approval process, permit applications should be filed as
soon as possible in advance of the event. Permit applications must be filed not
less than sixty (60) days or more than one year before the date on which the event
is proposed to take place. Failure to file in a timely manner may be grounds for
denial of the permit.
Subd. 2 Content of Application. The provisions of this paragraph are in
addition to the requirements of Section 160 of this Code. The application for a
permit shall set forth the following information:
A. The name, address and telephone numbers, daytime and nighttime, of
the person who will be responsible for performance of the duties of the
permit holder.
B. The date when the event is to be conducted.
C. The details of proposed route requested, the starting point, the
termination point and the desired location of any assembly areas.
D. The approximate number of persons who, and animals and vehicles
which will, constitute such event; the type of animals, and description of the
vehicles.
E. The hours when such desired event will assemble start and terminate.
F. A statement as to whether the event would occupy all or only a portion
of the width of the streets proposed to be traversed.
G. Listing of all food vendors.
H. The estimated number of participants in the most recent year.
I. Such other information as the Clerk shall find necessary to evaluate the
application.
Subd. 3 Deposit for City Expenses. The Clerk may require the applicant to
deposit with the City the estimated cost of City services to be performed in
connection with the event. The estimated cost shall be determined by the Clerk.
225.05 Duties Of Permit Holder.
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A. A permit holder hereunder shall comply with all permit directions and
conditions and with all applicable laws and ordinances. The permit holder or the
person designated by paragraph B (1) of Subsection 225.04, shall carry the event
permit upon his or her person during the conduct of the event.
B. Within the two (2) hour period immediately following the end of the event,
the permittee or event coordinator will clean up, remove and dispose of all litter
or material of any kind, which is placed or left on the street, park or other public
property because of such event. Should the permittee, or event coordinator fail to
do so; the City will bill the permittee or event coordinator for all costs related to
the clean up, removal and disposal of litter because of the event. In addition, no
future applications will be considered until all obligations are satisfied.
C. Required undertakings. In addition to the information required in Subsection
225.04, the permit holder shall, at permit holder's expense, and without expense
to the City, undertake the following:
1. Provide either authorized civilian or police personnel at all intersections
requiring traffic-control personnel.
2. Provide volunteers to monitor the barricades at all intersections not
requiring traffic-control personnel, as determined by the police department.
3. Provide, install and remove the barricades, signs and delineation
equipment as directed by the Engineer, Police Chief, or their designees.
4. Defend and hold the City harmless from all claims, demands, actions or
causes of action, of whatsoever nature or character, arising out of or by reason
of the conduct of the activity authorized by such permit, including attorney
fees and expenses.
225.06 Notice To Abutting Property Owners. This Subsection 225.06 shall apply only
to races.
A. Upon issuance of an event permit for a race, the permit holder shall notify the
occupants and building managers of property abutting the event route by leaflet
at least five (5) days, but not more than fourteen (14) days, before the event.
B. In the case of a residential building containing three (3) units or less, a leaflet
shall be distributed to each unit. In the case of a residential building or facility
containing more than three (3) units, a leaflet shall be prominently posted in the
lobby or common entryway. Leaflets shall also be distributed to nonresidential
abutting properties.
C. The leaflet shall briefly describe the nature of the event, shall identify the
name and telephone number of the permit holder and the date and time of the
event, shall contain a map of the route, and shall describe all restrictions upon
traffic and parking on or crossing the event route.
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D. Prior to distribution of the leaflet, the permit holder shall file a copy of the
leaflet with the Clerk's office, the Police Chief and the Public Works Department.
The leaflet must be approved by the Clerk prior to its disbursal.
225.07 Insurance. Upon compliance with all other provisions of this Section 225, a
permit for an event may be granted only after the applicant has secured and filed with
the Clerk the insurance provided for in this section. The policy or policies shall
specifically provide for payment by the insurance company on behalf of the insured all
sums which the insured's shall be obligated to pay by reason of liability imposed upon
them by law for injuries or damages to persons or properties arising out of the
activities and operations of the insured's pursuant to the provisions of this chapter.
All insurance required in this Subsection 225.07 shall be issued by insurance
companies acceptable to the City and admitted in Minnesota. The insurance specified
may be in a policy or policies of insurance, primary or excess.
A. Workers' compensation insurance that meets the statutory obligations with
coverage B - employer's liability limits of at least $100,000.00 each accident,
$500,000.00 each disease - policy limit and $100,000.00 disease- each employee.
B. Commercial general liability insurance with limits of at least $1,000,000.00
general aggregate, $1,000,000.00 products - completed operations, $1,000,000.00
personal & advertising injury, and $1,000,000.00 each occurrence, $50,000.00 fire
damage, and $5,000.00 medical expense any one person. The policy shall be on an
"occurrence" basis, shall include contractual liability coverage and the City shall
be named an additional insured.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability
of the event permit holder. Any policy deductibles or retentions shall be the
responsibility of the event promoter. The permit holder shall control any special or
unusual hazards and be responsible for any damages that result from those hazards.
The City does not represent that the insurance requirements are sufficient to protect
the permit holder's interests or provide adequate coverage.
Evidence of coverage is to be provided in the form of a certificate of insurance. A
thirty (30) day written notice is required if the policy is canceled, not renewed or
materially changed. The permit holder shall require any of its participants using
automobiles in the race to carry automobile liability insurance meeting the statutory
limits of the State of Minnesota.
The permit holder shall require any of its subcontractors to comply with these
provisions.
225.08 Indemnification. Permit holder agrees to defend, indemnify and hold the
City, its officers and employees harmless from any liability, claim, damages, costs,
judgments, or expenses, including attorney's fees, resulting directly or indirectly from
an act or omission including, without limitation, professional errors and omissions, of
event promoter, its agents, employees, arising out of or by any reason of the conduct
of the activity authorized by such permit and against all loss caused in any way be
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reason of the failure of the event promoter to fully perform all obligations under this
Section 225.
Section 2. Effective Date. This ordinance shall be in full force upon passage and publication
according to law.
First Reading: October 5, 2004
Second Reading: October 19, 2004
Publication: December 16, 2004
Attest l'1� r�.✓
Debra A. Mangen, City Cle Dennis F. Maetzold, Mayor
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi-
LEGA'L NOTI=CES
nancial Officer of the newspaper known as Sun-Current and
Leaflets shall also be distributed to nonmsidentia.
has full knowledge of the facts stated below: abutting properties.
C. The leaflet shall--briefly describe the nature of the
(A)The newspaper has complied with all of the requirements constituting qualification as a event,shall identrfy.the name and telephone'numbet
of thepermi�h@&ii and'thedate and time ofthe event
shall eontain a roup of the route,and shall describe a1
qualified newspaper,as provided by Minn.Stat.§331A.02,§331A.07,and other applic- restrictions upontrafficand parkingonorcrossingthe
event route.
D_ Prior to distribution of the leaflet,the permit holder
able laws,as amended. shall-file acopy ofthe leaflet with the Clerk's office,the
Police Chief and the P}iblc Works Department:ThE
(B)The printed public notice that is attached was published in the newspaper once each leaflet must be approved by the Clerk prior to.its dis.
bursal.
week,for one successive week(s);it was first published on Thursday,the 16 day 225.07 Insurance. Upohcomphancewith all other pro-
visions-of this'Section 225,a permit for.an event may.bE
granted only after the applicant has secured and filed witL
of December , 2004, and was thereafter printed and published on every Thursday the Clerk the insurance provided for in this sectlon.ThE
policyor policies shall specifically provide for payment b3.
to and including Thursday,the day of ,2004'and printed below is the insurance company on behalf of the insured all sum;
which the insured's shall be obligated to pay byreason of
Liability imposed.upon them by law for injuries or damage,,
a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- to persons or properties arising outo£the activities and op-
erations of the insured's pursuant to the provisions ofthie
edged as being the size and kind of type used in the composition and publication of the chapter.
All insurance required in this Subsection 225.07 shall bE
issued by insurance companies acceptable to the City anc
notice: admitted in Minnesota.The insurance specified may be ir.
a policy or policies of insurance,primary or excess.-
abcdef kbnno A. Workers'compensation insurance that Sheets the
ghu pq�uvwxyz statutory obligations with coverage B employer's li
ability limits of at least$100,000.00 each accident
$500,000.00 each disease - policy limit anc
$100,000.00 disease-each employee.
B. _Commercial general liability insurance with limits of
at least $1,000,000.00 general aggregate
BY: $1,000,000.00 products - completed operations
$1,000,000.00 personal& advertising injury anc
CFO $1,000,000.00 each occurrence,$50,000 00 fine:dam.
age;-and$5,000:00 medical expense any one person
The policy shall be on an`occurrence"basis;shall in-
elude contractual liability coverage and the City shat:
- be named an additional insured.
Acceptance of the insurance by the City'shall notrelieve
Subscribed and sworn to or affirmed before me limit or decrease the liability-of the event permit-holder
Any policy deductibles or retentions shall be the responsi-
bility of the event promoter.The permit holder shall con
on this day of ,2004. trolanyspecial ornnusualhazardsand beresponsible.for
any damages that result frogs those hazards.The City doe:
not represent that the insurance requirements are suffi-
qua protect the permit holdeds interests or PCovidead;
6
equateecoverage.
Evidence of coverage is to be provided in the form of a ce",r
Notary Pu IIC tifI.cate of insurance.A thirty(30)day written notice is re-
quired if the-policy js canceled,notrenewed or materially
changed.-Che permit holder shall require any of its par-
ticipahts usingautomobiles is the r'ace'to carry.autdmo
..bile liability insurance meeting.the statutory limits of the
MARY ANN CARLSON State of Minnesota:
NOTARY PUBLIC-MINNESOTA The permit holder shall require any of its subcontractor
MY COMMISSION EXPIRES 131-09 to comply with these provisions.
225.08 Indemnification.Permit holder agrees to:de-
fend,indemnify and hold the City,its officers and employ
ees harmAe3s frbn any habblity cl�daplages costs`
RATE INFORMATION jddgnredis,5re`xpenses,nicluding attorheys fees;result
ingdirectly or.indirectly from an act or omisssowitrludiag
without limitation,professional errors and omissions,os
event,pr1 Lowest classified rate aid b commercial users $ 2.85 per line —Yreasonofthitsagents,employees,authoroutoford.
( ) p y P any reasonhf the conduct of the activity authorized by suer-
for comparable space permitand,against S1Ltossoaused in any way be reason o'
the failure of the eventpromoter to fully perf¢rm all oblig-
ations,under this Section 225.
(2) Maximum rate allowed by law $ 6.20 per line
_f
Section 2. Effective Date. Th s'ordinanee shall be in fur:
force upon passage and publication according to law:
(3) Rate actually charged $ 1.30 per line First Reading: October 5,2004
Second Reading. October 19,-2004
Publication: December S6,2004
Attest
DebraAManeen.CitvClerk :Dennis RMaetzoldrMayo
,
(Dec 16,2004)dl/Ord 2004-13 spec Events
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225,06 Notice To A6uttmg!r'4Perta'Op°aem"'hi'
tiuhsccLiain23SOGsha11 njAily only W races.
. A. Ulwit fssu:uace ol'an avent Iwnnit fnr a race.Lhe Ix•r-
init holly shall ootiN the oecuPanL'o"a building
n;agi•rs of It�'atltt�'Ly.abutLjng Lhe vvenL route Iry
It�:d1i•.L.:at I[•nsL live r�i days,.ljut nail more than litur-
leen,Isli.11ays..hrfnrc Lhe rvcnt.
I tl•t':' I do t I! I ling L- Z,LI re,
xi4 I le;dl 4 I II t>n[l t 1 u.I to ach
nit.I thv LI-,(of a salv.nti:d bu�ldanF o�lauldy
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nt......ng inort�th',n Lh rev Ial un��'.(t Ien0eCshall Ix.
I,na a:cnty pooled irz Lltr inbby ar cianntton entryway.
Legals continued on next page
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