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ORD 14-07ORDINANCE NO.: 2014-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE TO ESTABLISH REQUIREMENTS FOR OUTDOOR MUSIC AND ENTERTAINMENT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.13 of the City Code (Fee Schedule) is hereby amended to add the following provisions: 14. Special Event Permit: $200.00 15. Outdoor Entertainment Permit: a. Single Event: $50.00 b. Reoccurring event on same day(s) of week each calendar year: $50.00 Section 2. Section 5-8-8.0 of the City Code (Public Nuisance Noise Prohibited) is hereby amended to read as follows: C. Radios, Television Sets, Amplifiers and Similar Devices. Using, operating or permitting to be played any radio, musical instrument, phonograph, juke box, amplifier or other machine or device for the producing, reproducing or amplifying of sound in such a manner as to disturb the peace, quiet or comfort of persons residing, working or peaceably gathered in its vicinity. Prima facie evidence of a violation of this Section shall include (but not be limited to) operation of the device if done in such a manner at to be plainly audible: 1. Within any other building or structure used for residential purposes; or, 2. At the distance of fifty (50) feet from the property, building, structure or vehicle in which the device is located; or 1 3. Between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM unless otherwise allowed by the City Code. Section 3. Section 7-5-3 of the City Code (Special Event Permits) is hereby amended to read as follows: 7-5-3: PERMIT REQUIRED: A. No person shall hold, conduct or participate in a special event within the City, unless a Special Event Permit has been issued for such event upon timely written application made to the City. B. Not more than one (1) Special Event Permit shall be issued for a single property within a calendar year. Section 4. Section 7-5-5 of the City Code (Special Event Permits) is hereby amended to read as follows: 7-5-5: ISSUANCE OF PERMIT, CONDITIONS, NOTICE: A. Special event permits will be issued upon a majority vote of the City Council approval. B. The City Council may attach such reasonable conditions to the permit as are deemed necessary to protect the public health, safety and welfare. Such conditions may pertain to any of the following: 1. Location and hours during which the event may be held. 2. Sanitation / availability of potable water. 3. Security / crowd management. 4. Parking and traffic issues. 5. Emergency and medical services. 6. Clean up of premises and surrounding area / trash disposal. 7. Insurance. 0) C 8. Lighting. 9. Fire service / safety. 10. Temporary construction, barricades /fencing. 11. Advertising / promotional materials and signs. 12. Noise levels. 13. Alcohol consumption. 14. Any other condition which the Council deems necessary. Upon City Council approval, the City Clerk shall issue a permit to the person(s) named in the permit application. 1. The permit shall clearly state the name of a responsible individual and contact information during the event and the conditions, if any, imposed by the City Council. 2. Copies of the permit shall be posted in three (3) prominent locations upon the premises during the special event. 3. The property owner shall provide for a copy of the permit to be mailed to all property owners within three hundred fifty (350) feet of the premises on which the special event is to be held not less than five (5) days prior to the special event as approved by the City Clerk. Section 5. Chapter 7 of the City Code is hereby amended to add the following provisions: SECTION 14 OUTDOOR ENTERTAINMENT Section: 7-14-1 Purpose 7-14-2 Definitions 7-14-3 Permit Required 3 7-14-4 Application 7-14-5 Permit Term and Expiration 7-14-6 General Provisions 7-14-7 Enforcement 7-14-1: PURPOSE: The purpose of this Section is to establish regulations and administrative procedures for regulation of outdoor entertainment occurring at business locations within the City accessory to allowed principal uses to protect public health safety and welfare, maintain compatibility with surrounding land uses and minimize public nuisance concerns. 7-14-2: DEFINITIONS: The following terms are defined for the purpose of this Section: A. Outdoor Entertainment: Entertainment outside an enclosed building to which more than twenty (20) persons may be admitted and for which a fee may be charged or accepted, including, dances,, shows, plays, skits, musical revues, dance productions, musical concerts, theater, opera and the production or provision of sights or sounds or visual or auditory sensations that are intended to or may entertain. 7-14-3: PERMIT REQUIRED: A. Outdoor entertainment conducted upon premises zoned B-2 District, B-3 District or PUD District allowing commercial uses as established in accordance with Chapter 20 of the City Code shall require an Outdoor Entertainment Permit issued in accordance with this Section. B. All other outdoor entertainment events shall require a Special Event Permit as regulated by Chapter 7, Section 5 of the City Code. C. Events sponsored and managed by the City of Otsego shall be exempt from the requirements of this Section. 7-14-4: APPLICATION: A. Application for an outdoor entertainment permit shall be filed with the City Clerk on an official application form signed by the applicant and property owner and shall be accompanied by a fee as provided for by Section 2-4-2 of the City Code. 11 B. For single, nonrecurring outdoor entertainment events, 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 outdoor entertainment is proposed to commence. C. For outdoor entertainment to be held on a regular or recurring basis at the same location, an application for a permit covering all such outdoor entertainment during that calendar year must be filed with the City Clerk at least thirty (30) days and not more than one hundred eighty (180) days before the date and time at which the first outdoor entertainment is proposed to commence. D. The application shall include the following information: 1. Names and addresses of event sponsor and property owner. 2. The address at which the outdoor entertainment is to occur. 3. A site plan indicating existing site improvements, the location of the outdoor entertainment and any other related facilities. 4. Identify the days and hours during which the outdoor entertainment is to be held. 5. Detail provisions made for availability of potable water and restroom facilities and trash containers. 6. Measures for security and crowd management. 7. State whether alcohol is to be served or sold at the event, provide documentation of required licenses and describe measures to ensure no sale or consumption occurs by people under twenty one (21) years of age. 8. Identify use of any signs, banners or other advertising or promotional materials, which may require a separate permit under Chapter 20 of the City Code. 9. Identify use of any additional or temporary outdoor lighting sources. 10. Identify any sources of outdoor noise and use of equipment to amplify sound. 11. Describe any temporary structures including but not limited to stages, shelters, fences, stairs, and/or ramps. 5 12. Any additional information requested by the Zoning Administrator deemed necessary to consider the outdoor entertainment permit application. E. Zoning Administrator Review: 1. The Zoning Administrator shall approve or deny an application for a license within ten (10) days of a complete application being submitted with written notice to be provided to the applicant. 2. The Zoning Administrator may impose additional conditions deemed necessary to mitigate nuisance concerns, ensure compatibility with surrounding uses and ensure compliance with the requirements of this Section. 3. Upon approval, the Zoning Administrator shall issue a permit to the person(s) named in the permit application. a. The permit shall clearly state the name of a responsible individual and contact information during the event and the conditions, if any, imposed by the City. b. Copies of the permit shall be posted in three (3) prominent locations upon the premises during the outdoor entertainment. 4. The Zoning Administrator shall state in writing the reasons for an application for a license having been denied. The applicant may resubmit an application for a license in accordance with the procedures or submit a request for appeal to the City Council as provided for in Section 7-14-7 of this Section. 7-14-5: PERMIT TERM AND EXPIRATION: A. The permit shall be issued annually for a calendar year and all permits shall expire on December 31 of each year. B. A permit may be renewed only by making application as provided for in Section 7-15-4 of this Section. 7-14-6: GENERAL PROVISIONS: A. The permit applicant shall provide a calendar that identifies the days in the week G 1.1 C ❑m when the outdoor entertainment will be scheduled to occur: 1. Outdoor entertainment shall be limited to not more than: a. Two (2) events occurring Monday through Thursday b. Two (2) events occurring on Friday or Saturday of each week. 2. Outdoor entertainment occurring outside the approved calendar shall be prohibited unless an amended calendar is approved. Setbacks: 1. Outdoor entertainment allowed under this section shall not occur upon any property within three hundred fifty (350) feet of a residential zoning district as established by Chapter 20 of the City Code. 2. The location of the outdoor entertainment shall comply with all setback requirements applicable to the principal use of the zoning district in which the property is located as established by Section 20 of the City Code. Outdoor music events shall be allowed only during the following hours: 1. Sunday to Thursday: 7:OOAM to 11:OOPM 2. Friday and Saturday: 7:OOAM to 12:00 Midnight Noise: 1. The volume of the outdoor entertainment must be reasonable so as not to be plainly audible at the property line of a residentially zoned property and comply with Section 5-8-5.0 of the City Code. 2. Standards to be considered in determining if noise generated by an outdoor entertainment event is a a violation of this section and Section 5- 8-5.0 of the City Code include, but are not limited to, the following: a. The volume of the noise. b. The intensity of the noise. C. The volume and intensity of the background noise, if any. 7 d. The proximity of the noise to a residential property. e. The duration of the noise. f. Whether the noise is recurrent, intermittent, or constant. E. All signs related to the outdoor entertainment shall comply with Chapter 20, Section 37 of the City Code. F. All exterior light sources shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. G. The principal use shall have adequate water and sanitary sewer facilities as required by the City Code to accommodate the allowed capacity of the venue at which the outdoor entertainment is to occur. h. There shall be adequate off-street parking as required by Chapter 20, Section 21 of the City Code for the allowed capacity of the venue at which the outdoor entertainment is to occur. 7-14-7: ENFORCEMENT: A. Inspections: 1. Any permit holder shall, at all times during the term of the permit, allow the Zoning Administrator and/or Deputies of the Wright County Sheriff's Office to enter the premises for the purpose of verifying compliance with the requirements of this Section. 2. The permit holder shall immediately comply with all requests of City staff and/or the Wright County Sheriff's Office to mitigate nuisance noise complaints. B. Suspension: 1. The Zoning Administrator and/or Deputies of the Wright County Sheriff's Office may immediately suspend a permit for activity they determine constitutes a threat to public health safety and welfare. 2. The Zoning Administrator may suspend a permit for a period not to exceed thirty (30) days following written notice and an opportunity to be heard as provided for under Section 7-14-7.D of this Section if the Zoning Administrator determines that a permit holder has violated or is not in compliance with this Section. C. Revocation: The Zoning Administrator shall issue a written statement of intent to revoke permit for a cause of suspension if the following occurs: 1. The permit has been suspended two (2) times within the preceding twelve (12) months. 2. A permit holder has knowingly provided outdoor entertainment during a period of time when the permit was suspended. 3. Failure of a permit holder to comply with any requests of City staff and/or the Wright County Sheriff's Office to mitigate nuisance noise complaints. D. Process. The process for a permit holder to appeal a suspension or contest revocation of a permit shall be as follows: 1. Within ten (10) days of receipt of such notice of suspension or intent to revoke, the permit holder may provide to the Zoning Administrator, in writing, a response that shall include .a statement of reasons why the permit should not be suspended or revoked. 2. Notice of Meeting Date: Within ten (10) days of the receipt of permit holder's written response, the Zoning Administrator shall notify respondent in writing of the date of the meeting at which the City Council will consider the suspension appeal or revocation proceeding. 3. City Council Review: a. Within sixty (60) days of the notice issued by the Zoning Administrator to deny, suspend or consider revocation of a permit, the City Council shall consider the issue. b. The applicant or permit holder shall have the right to appear and be offer evidence on its behalf. C. The City Council shall by majority vote make the final decision as to an appeal to deny or suspend a permit or to revoke a permit for violation of this Section. d. The City Clerk shall mail written notice of the City Council's decision to the applicant or permit holder including a statement III advising the applicant or permit holder of the right to appeal such decision to a court of competent jurisdiction. Section 6. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Heidner SECOND BY: Schroeder ALL IN FAVOR: Heidner, Schroeder, Stockamp THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 14th day of April, 2014. ATTEST: ��'�`'� • "�" ► t� Tami Loff, City Clerk 10 CITY OF OTSEGO BY:� Je ica L. Stockamp, Mayo SUMMARY OF ORDINANCE NO.: 2014-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE TO ESTABLISH REQUIREMENTS FOR OUTDOOR MUSIC AND ENTERTAINMENT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.13 of the City Code (Fee Schedule) is hereby amended to add the fees for special event permits and outdoor entertainment permits. Section 2. Section 5-8-8.0 of the City Code (Public Nuisance Noise Prohibited) is hereby amended to clarify the hours for which radios, television sets, amplifiers and similar devices may be utilized. Section 3. Section 7-5-3 of the City Code (Special Event Permits) is hereby amended to establish a limit of one (1) special event permit per year for a single property. Section 4. Section 7-5-5 of the City Code (Special Event. Permits) is hereby amended to clarify provisions related to approval of a special event permit and establish a requirement of mailed notice to surrounding property owners. Section 5. Chapter 7 of the City Code is hereby amended to add the following provisions establishing regulations for outdoor entertainment: SECTION 14 OUTDOOR ENTERTAINMENT Section: 7-14-1 Purpose 7-14-2 Definitions 7-14-3 Permit Required 7-14-4 Application 7-14-5 Permit Term and Expiration 7-14=6 General Provisions 7-14-7 Enforcement 1 Section 6. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Heidner SECOND BY: Schroeder ALL 1N FAVOR: Heidner, Schroeder, Stockamp THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 14th day of April, 2014. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours. 2