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HomeMy WebLinkAbout0635 v~ ORDINANCE NO. 635 CITY OF LAKEVILLE DAKOTA COUNTY,. MINNESOTA AN ORDINANCE AIVJ~NDING TITLE 3, CHAPTER 5 OF TIC LAKEVILLE CITY CODE CONCERNING PARADES AND OUTDOOR F;~JTERTA,Il~T1VlENT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Title 3, .Chapter 5 of the Lakeville City code is amended in its entirety to read: CHAPTER 5 PARADES AND OUTDOOR ENTERTAINIVIF.NT Sec.3-5-1: Definitions Sec. 3-5-2: Permit Required Sec.3-5-3: Exceptions Sec.3-5-4: Application Sec.3-5-5: Fees Sec. 3-5-6: Police. Protection Sec. 3-5 7: Standards for Issuance Sec.3-5-8: Non-Discrimination Sec. 3-5-9: Notice of Denim of Application Sec. 3-5-10: Appeal Procedures Sec. 3-511: Duties of Permttee Sec.3-5-i2: Prohibitions Sec. 3-5=13 Revocation of Permit 3-5-1: DEFINITIONS: CHIEF OF POLICE: The Chief of Police of the City of Lakeville or the Chief s .designee. CITY: The City of Lakeville. OUTDOOR Entertainment outside an enclosed building to which the public is ENTERTAIINMENT: admitted or for which a fee. is charged or accepted, including dances, shows,. plays, skits, musical revues,. children's theater, dance productions, musical concerts, opera and the production or ~so:~ 1 provision of .sights or sounds or visual or auditory sensations which aze designed to or may entertain. PARADE: Any mazch, demonstration, procession, or motorcade consisting. of persons, animals:, or vehicles or a combination thereof upon the streets, parks or -other public grounds within the City with an intent of attracting public attention that interferes with or has a tendency to interfere with the normal flow or regulation of traffic upon the streets,. parks, or other public grounds. PERSON: Any person, firm, partnership, association, corporation,. company, or organization of any kind. STREET: Any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm- or shoulder :parkway, right-of~way, or median .strip thereof. 3-5-2: PERMIT REQUIItED: No person shall engage in or conduct a pazade or outdoor entertainment with more than twenty (20) participants unless a permit is issued by the Chief of Police. 3-5-3: E%CEPTIONS; This Chapter. shall not apply to the following: A. Funeral procession. B. ©utdoor entertainment or parade sponsored by a public or private school intended primarily fore the. students of the school .sponsoring the outdoor entertainment or parade.: C. The City of Lakeville. D. Parades occasioned by news or affairs coming into public knowledge within three (3) days of such parade, grovided that the organizer thereof gives written notice to the City at least tv~+enty-four (24) hours prior to such parade. E. Dancing or outdoor entertainment specifically authorized by an On-sale "A", on-sale "B", or Special :Club Intoxicating Liquor, ~-sale Wine, or On-sale 3.2 Percent Malt Liquor license issued by the City. 3-5-4: APPLICATION: A. A person seeking a parade or outdoor entertainment permit shall file an application with the City Clerk on forms provided and the application shall ~ signed by the applicant under oath. ~ B. For single, non-recurring parades or outdoor .entertainment, an application for a permit shall be filed with the City Clerk at least ten (10) .and not more than one hundred eighty (180) days before the parade or outdoor entertainment is proposed to commence. The Chief of Police may waive the minimum ten (10) day filing period and accept an application .filed within a .shorter period if, after due consideration of the date, time, place, and nature of the parade or outdoor entertainment, the anticipated number of participants, and the City services required in connection with the event, the Chief of ' Police determines that the waiver will not present a hazard to public safety. C. For parades or outdoor entertainment held on a regular or recurring basis at the same location, an application for a permit covering all such parades or outdoor entertainment during. that calendar year may be filed with the City Clerk at least sixty (60) days and not more than one hundred .eighty (180) days before the date and time at which the first such parade or outdoor entertainment is proposed to commence, The Chief of Police may waive .the minimum sixty (60) day period after due consideration of the factors specified in subsection (B) above. 3-5-5: FEES: A. Anon-refundable fee of $25.00 to cover administrative costs of processing the permit shall be paid to the City of Lakeville by the applicant when the application is filed. B. If the application is for the use. of any City property or if any City services. shall be required for the parade of outdoor entertainment,. the applicant shall pay,. prior to the issuance of a permit, the charges for those services in accordance with a schedule of service costs approved by the City Council by resolution. 3-5-6: POLICE. PROTECTION: A. The Chief of Police shalt .determine whether and to what- extent additional police protection. is reasonably necessary for the parade or outdoor entertainment for traffic control and public. safety. The Chief of Police shall base this decision on the size., location, duration, time, and date of the event. The speech content of the event shall not be a factor in determining the amount of police protection necessary.. If possible, without disruption of ordinary police services or compromise. of public .safety,. regularly scheduled on-duty personnel will police the event. If additional police protection is deemed necessary by the Chief of Police, the Chief shall so inform the applicant for the permit. The. applicant then shall have the duty to secure the police protection deemed necessary by the Chief of Police at the sole expense of the applicant. B. Persons engaging. in parades conducted for the sole purpose of public issue speech protected under the First Amendment are not. required to pay for any police protection provided: by the City. ~o.~ 3 :off 3-5-7: STANDARDS FOR ISSUANCE: A. The Chief of Police. shall issue a permit as provided for herein when, in consideration of the application and from such other information as may otherwise be obtained, the Chief finds that: 1. The conduct of the parade or outdoor entertainment 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 parade or outdoor entertainment will not require the diversion of so great a number of City police officers to properly police the line of movement and theazeas contiguous thereto as to prevent normal police protection of the City. 3. The proposed outdoor entertainment would not be in violation of the City's zoning ordinance. 4. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. 5. Adequate sanitation and other required health facilities are. or will be available. 6. There aze sufficient parking planes near the site of the parade or outdoor entertainment to accommodate .the number of vehicles reasonably expected.. 7. The applicant has .secured .the police protection, if any, required under Section 3-5-6. 8. No parade or outdoor entertainment permit application for the same time and location is .already granted or has -been received. and will be granted. 9. No event is scheduled elsewhere in the City where the police resources required fore that event are so .great that the deployment of police services for the proposed p or outdoor entertainment would have an immediate and adverse effect upon the welfare and safety of persons and property. B. A person issued a permit for an outdoor dance must provide written notice to all property owners within ?50 feet of the property on which the dance is to be held at least ten (10) days prior tci the .dance: The notice must contain the date, tirr~, and location of the dance.. 3-5-8: NON DISCRIIVIINATION: The Chief of Police shall uniformly consider each application upon its merits and shall not discriminate in granting or denying. permits under this ordinance based upon political, religious, ethnic, race, disability, ~xual orientation or gender related grounds. ~m 4 . ' 3-5-9: NOTICE OF DE;hTIAL OF APPLICATIONS The Chief of Police shall act promptly upon a timely filed application for a parade or outdoor entertainment permit, but in no event shall grant or deny a permit less than forty-eight (48) hours prior to the event. If the Chief of Police disapproves the application, the Chief shall notify the. applicant at least .forty-eight (48) hours prior to the event and state the reasons for denial. 3-5-10: APPEAL PROCEDURE: Any .applicant shall have the right to appeal the. denial of a parade or outdoor entertainment permit to the City Council The denied applicant shall make the appeal within five (5) days after receipt of the denial by filing a written notice with the City Clerk and a copy of the notice with the Chief of Police. The City Council shall act upon the appeal at the next scheduled meeting following receipt of the notice of appeal. 3-5-11: DUTIES OF PERMITTEEt A. A permitter hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. B. The parade or outdoor entertainment chairman or other person heading such activity shall carry the parade or outdoor entertainment permit upon his or her .person during the conduct of the parade of outdoor entertainment. 3-5-12: PROHIBITIONS: The following prohibitions shall apply ~ all parades .and outdoor entertainment: A. It shall be unlawful for any person to stage,. present, or conduct any. parade or outdoor entertainment without first having obtained a permit as herein provided... B. It shall be unlawful for any person to participate in a parade or outdoor entertainment for which the .perm knows a permit has not been granted. C. It shall be unlawful for any person in charge of, or responsible for the .conduct. of, a duly licensed parade or outdoor entertainment to knowingly fail to comply with any condition of the permit. D. It shall be unlawful for any person to engage in any parade. or outdoor entertainment activity that would constitute a substantial hazard to the public safety or that. would materially interfere with or endanger the. public peace or rights of residents to the quiet and peaceful enjoyment of their property. 5 't 3-5-13: REVOCATION OF PERMIT: The Chief of Police shall have the authority to revoke a parade or outdoor entertainment permit instantly upon violation of the conditions or standards for issuance as set forth in this ordinance or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the parade or outdoor entertainment would have an immediate and adverse effect upon the welfare and safety of persons. or property. SECTION 2. This ordinance. shall be effective immediately upon its passage and publication. ADOPTED this 17th. day of Au~tust , 1998, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: _ Duane R. Zaun, Ma TTEST: harlene Friedges, City rk ~~o:~ 6 LAKEVILLE PUBLIC NOTICE ORDINANCE NO. 635 City of Lakeville Dakota County, Minnesota An Ordinance Amending Title 3, Chapter 5 of the Lakeville City Code Concerning Parades and Outdoor Entertainment THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Title 3, Chapter 5 of the Lakeville City code is amended in its entirety CHAPTER 5: PARADES AND OUTDOOR ENTERTAINMENT Sec. 3-5-1: Definitions Sec. 3-5-2: Permit Required Sec. 3-5-3: Exceptions Sec. 3-5-4: Application Sec. 3-5-5: Fees Sec. 3-5-6: Police Protection Sec. 3-5-7: Standards for Issuance Sec. 3-5-8: Non -Discrimination Sec. 3-5-9: Notice of Denial of Application Sec. 3-5-10: Appeal Procedures Sec. 3-5-11: Duties of Permittee Sec. 3-5-12: Prohibitions Sec. 3-5-13: Revocation of Permit 3-5-1: DEFINITIONS: CHIEF OF POLICE: The Chief of Police of the City of Lakeville or the Chief's designee. CITY: The City of Lakeville. OUTDOOR ENTERTAINMENT: Entertain- ment outside an enclosed building to which the public is admitted or for which a fee is charged or accepted, including dances, shows, plays, skits, musical revues, children's theater, dance productions, mu- sical concerts, opera and the production or provision of sights or sounds or visual or auditory sensations which are designed to or may entertain. 13Y: ls) Duane n. z,aun, iviayan ATTEST: (s) Charlene Friedges, City Clerk (Published in the Lakeville Life & Times on August 22, 1998.) 40. V. good cond. s, white. $1700/ I or 435-3151. schedule of sery City Council by 3-5-6: POLICE PRO' A. The Chief of 1 whether and to police protectior for the parade o for traffic contr( Chief of Police sl the size, location of the event. Tl event shall not b the amount of sary. If possible ordinary police s public safety, reg personnel will p tional police pro' sary by the Chief so inform the al331 .07, and other applicable laws, AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the pub- lisher of the newspaper known as Lakeville Life & Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualifi- cations as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, The applicant th secure the police amended. essary by the CI expense of the al B. Persons engagin for the sole purpo protected under t not required to p tion provided by 3-5-7: STANDARDS 1 A. The Chief ofPolicwh1Ci1is attached was cut from the columns provided for her ation of the appof said newspaper, and was printed and other edatio ublished once on Saturday, the 22nd obtained, , the Chir 1. The conduct day of August , 1998; and printed entertainmer, (B) The printed City of Lakeville Ord. No. 635 interrupt th elow is a copy of the lower case alphabet ment of other c traffic contiglrom A to Z, both inclusive, which is hereby tion.Acknowledged as beingthe size and kind of 2. Theeconduct C' g entertainmertype used in the composition and publica- tion of the notice: u6/ L/O l""•V 'aoeuan3 `IIH '1A31'1 JO MS [SnoHIA111V 4 Crib, no mattress. Bunkb'MSframe, dark pine. 898-4851.3PH'T/6IP3AV [OOtiQag ,' Sand box sand. You ha v 463-7204. Nial RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $15.42 per column inch. (2) Maximum rate allowed by law for the above matter: $15.42 per column inch. (3) Rate actually charged for the above matter: $11.52 per column inch, 1st week and $10.94 per column inch, successive weeks. A3N1 abcdefghijklmnopgrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 24th day of Au--TOLUAIq Notary Public ust , 1998. 1,4(/ PAULA K. CLINKSCALES NOTARY PUBLIC - MINNESOTA DAKOTA My commission expirresNTY 12-20-98 C-I1VK