Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator. Jeremy Barnhart, Community Development Director

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1 Item 11 To: From: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator Jeremy Barnhart, Community Development Director Date: February 21, 2017 Subject: # , City of Orono, Text Amendment: Special Events Public Hearing Application Summary: The draft ordinance amends the regulations for special and private events throughout the city of Orono. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background The issue of special events was the highest priority item highlighted by the Planning Commission and City Council last fall. Special event regulation is intended to allow flexibility for certain events that are important for community health and vibrancy while managing the impact they may have on the neighborhood. The regulatable issues generally associated with special and private event impacts include traffic, noise, parking. Recently, it was noted that the frequency of these events compounded any negative impact. Between October, 2015 and December 2016, the City issued 89 special event permits, including permits for races (23), home tours (23) and live music (7). The goal with the amended regulation is to allow residents to have occasional parties,, including those with live music, for graduations, weddings, private fundraisers, and private reasons, without onerous permitting processes, while protecting neighborhoods from frequent, impactful events. The Draft Ordinance amends the definition of Private Event and Special Event. A residential property may house 3 private events per calendar year without the need for a permit. The fourth event would require a permit. The permitting requirements would remain the same, and are illustrated in section Some events require a license, as illustrated in Chapter 38. Public Comments To date, no public comments have been received. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Draft Ordinance Permitting requirements Licensing requirements

2 ORDINANCE NO., THIRD SERIES Exhibit A CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING SPECIAL EVENTS WITHIN THE CITY OF ORONO THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section shall be amended by adding text to read as follows: Sec Definitions Private event. Any event in a residentially zoned district that is intended or likely to draw crowds, noise, or traffic beyond the normal use of the land use designation. Private events may include, but are not limited to: festivals, parties of any type, music and theater recitals or shows. Private event means any private function or special event that exceeds normal levels of city public service and requires special service from city departments and/or mutual-aid agreements. Special event means any marathon run/ walk of any length, block party, fishing contest, parachute jump, hot-air balloon event, carnival, open house held as part of a home tour, or any other activity or event open to the public which in some way impedes or affects the free and unobstructed flow of vehicular or pedestrian traffic, generates parking needs for more than 20 vehicles off the site at any one time on residential streets, not including a public access to Lake Minnetonka, or requires the posting of no parking signs to maintain compliance with traffic laws and regulations. Private events that impede or affects the free and unobstructed flow of vehicular or pedestrian traffic, generates parking needs for more than 20 vehicles off the site at any one time on residential streets, not including a public access to Lake Minnetonka, or requires the posting of no parking signs to maintain compliance with traffic laws and regulations are considered a special event. These may include estate sales. SECTION 2. Section shall be amended by adding text to read as follows: Sec Exceptions. The following are not required to apply for permits under this division: (1) Funeral processions; (2) A governmental agency acting within the scope of its functions; (3) An occasional private party that is held on private residential lots that does not require special service from a city department. A property hosting four or more Private Events per calendar year shall obtain a permit as required in Section

3 SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of, 2017 on a vote of ayes and nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of, 2017.

4 1/26/2017 Orono, MN Code of Ordinances Sec Deꂙ nitions. PC Exhibit B Permitting The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a diᦠ erent meaning: Parade means any movement of vehicles, persons or animals, in any combination, which either moves together and as a body so as to impede or aᦠ ect the free and unobstructed owی of vehicular or pedestrian tra c, or which moves so that some part is in violation of one or more tra c laws or regulations. Private event means any private function or special event that exceeds normal levels of city public service and requires special service from city departments and/or mutual-aid agreements. Special event means any marathon run, block party, ꂙ shing contest, parachute jump, hot-air balloon event, carnival, open house held as part of a home tour, or any other activity or event which in some way impedes or aᦠ ects the free and unobstructed owی of vehicular or pedestrian tra c, generates parking needs for more than 20 vehicles oᦠ the site at any one time on residential streets, not including a public access to Lake Minnetonka, or requires the posting of no parking signs to maintain compliance with tra c laws and regulations. (Code 1984, 6.08(1); Ord. No. 48 3rd series, 1, ; Ord. No. 57 3rd series, 1, ) Cross reference Deꂙ nitions generally, 1-2. DIVISION 2. - PERMIT Sec Required. A permit shall be obtained from the city by any person who will be holding or sponsoring a parade, private event or special event. The permit requirements set forth in chapter 38, article V, apply in addition to all licensing requirements. (Code 1984, 6.08(2); Ord. No. 48 3rd series, 2, ) Sec Exceptions. The following are not required to apply for permits under this division: (1) (2) (3) Funeral processions; A governmental agency acting within the scope of its functions; An occasional private party that is held on private residential lots that does not require special service from a city department. 1/4

5 1/26/2017 Orono, MN Code of Ordinances (Code 1984, 6.08(7); Ord. No. 48 3rd series, 3, ) Sec Application. (a) (b) Application for a parade or special event permit shall be made to the city at least 14 days in advance of the date on which the parade or special event is to occur unless waived by the city administrator or designee if, after due consideration of the date, time, place, and nature of the parade or special event, the anticipated number of participants, and the city services required in connection with the event, the city administrator or designee determines that the waiver will not present a hazard to public safety. The applicant shall ꂙ ll out a form provided by the city administrator or designee, stating the: (1) (2) (3) (4) (5) (6) (7) (8) (9) Applicant's name, address, and telephone number (including the telephone number(s) in which the applicant can be reached on the day of the parade or special event); Proposed parade route or location of special event; Time of commencement and termination and date when the parade or special event is to occur; Anticipated number of participants; Shuttle bus plan for participants and location of oᦠ -site parking for open houses; Site plan locating buildings, driveways, local streets, parking location, temporary structures (including size), temporary restrooms, or any cordoned oᦠ area(s) for special events; Signature of the owner of the property on which the special event is to be held; Proof of written notice to all property owners within 350 feet of the location on which a special event is to be held at least ten days prior to the special event. The notice must contain the date, time, and location of the special event; and Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the parade or special event, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this article. (c) The application shall be executed by the individual applying for the permit or the duly authorized agent or representative of the sponsoring organization. The permit requirements set forth in this section apply in addition to all requirements in section (Code 1984, 6.08(2); Ord. No. 57 3rd series, 2, ) Sec Application review and issuance. (a) (b) The city administrator or designee shall forthwith refer all applications for parades and special events to the police chief or designee and to other city departments as deemed necessary. The police chief or designee shall review each application to determine whether and to what extent additional police protection is reasonably necessary and to what extent the parade or special event will interfere with the safe and orderly movement of vehicular and pedestrian movement on public streets. 2/4

6 1/26/2017 Orono, MN Code of Ordinances If an application involves state trunk highways, the police chief or designee shall make necessary arrangements with the state department of public safety for alternative routes or whatever may be necessary. (c) The city administrator or designee shall issue the permit as provided for herein, unless grounds exist for denying the permit under section (Code 1984, 6.08(3); Ord. No. 57 3rd series, 2, ) Sec Denial of permit. (a) The city administrator or designee may refuse to issue a parade or special event permit to the applicant for any of the following reasons: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) The conduct of the parade or special event will substantially interrupt the safe and orderly movement of other pedestrian or vehicular tra c contiguous to its route or location. The conduct of the parade or special event will require the diversion of so great a number of city police o cers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection of the city. The proposed special event violates the Zoning Ordinance. The parade is not scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. Adequate sanitation and other required health facilities are or will not be available. Su cient parking near the site of the parade or special event has not been provided to accommodate the number of vehicles reasonably expected or the applicant has not provided a plan that is su cient to shuttle visitors to and from a special event. The application fails to comply with relevant provisions of section An investigation revealed that the applicant falsiꂙ ed information on the application. Failure of the applicant to pay the required fee. Failure of the applicant or the owner of the property on which the special event is to be held to sign the application. (b) The city administrator or designee shall act promptly upon a timely ꂙ led application for a parade or special event permit, but in no event shall grant or deny a permit less than 48 hours prior to the parade or special event and shall include reasons for denial. (Code 1984, 6.08(4); Ord. No. 57 3rd series, 2, ; Ord. No rd series, 5, ) Sec Payment of expenses. The applicant for a parade, a special event, or a private event permit shall pay a service charge for the governmental services provided to enforce this article; and the city may, as a condition of approval of the permit, require that the applicant deposit money with the city in a sum equal to the estimated service 3/4

7 1/26/2017 Orono, MN Code of Ordinances charge to be incurred by the city. Service charges include all city staᦠ time or city consultant time necessary. The city may certify to the county auditor any unpaid service charges which shall be collected together with property taxes levied against the property. (Code 1984, 6.08(8); Ord. No. 48 3rd series, 4, ) Sec Fees. All permits provided for in this division shall be issued only upon payment in full of permit fees and other costs ꂙ xed and determined by resolution. (Code 1984, 6.08(9)) Sec Prohibitions. The following prohibitions shall apply to all parades and special events: (1) (2) (3) (4) It shall be unlawful for any person to stage, present, or conduct any parade or special event without ꂙ rst having obtained a permit as herein provided. It shall be unlawful for any person to participate in a parade or special event in which the person knows a permit has not been granted. It shall be unlawful for any person in charge of, or responsible for the conduct of, a duly licensed parade or special event to knowingly fail to comply with any condition of the permit. It shall be unlawful for any person to engage in any parade or special event 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. (Ord. No. 57 3rd series, 3, ) Sec Revocation of permit. The city administrator or designee shall have the authority to revoke a parade or special event permit instantly upon violation of the conditions or standards for issuance as set forth in this article 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 special event would have an immediate and adverse eᦠ ect upon the welfare and safety of persons or property. (Ord. No. 57 3rd series, 3, ) 4/4

8 PC Exhibit C Licensing ARTICLE V. - SHOWS, CIRCUSES AND SIMILAR PERFORMANCES DIVISION 1. - GENERALLY Sec Exceptions. The following activities and performances are exempt from compliance with this article: (1) Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for their students only. (2) Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. (3) Any performance or event in, or sponsored by, bona fide local church and nonprofit organizations, provided that such organization shall be incorporated. (4) Any activity or performance more specifically defined and licensed under another section of this chapter. (Code 1984, 5.25(7)) Sec Maximum size. It is unlawful for any licensee to admit a larger number of people than the maximum fixed by the council at the time of issuance of the license. (Code 1984, 5.25(3)) Sec Overnight camping. It is unlawful for any licensee to permit or for any participant, spectator or customer to camp or sleep overnight at the location of a large assembly. It is also unlawful for any licensee to permit or any participant, spectator or customer to prepare food on such premises unless such person is a concessionaire. This section does not apply to security officers performing their duties as such. (Code 1984, 5.25(4)) Sec Permitted area. Large assemblies shall be permitted only after a finding by the council that the character of the proposed assembly is compatible with the character of the surrounding neighborhood, considering the problems of noise, lighting, traffic, sanitation, congestion and other factors affecting the public health, safety and welfare of the entire area, and compliance with this Code. (Code 1984, 5.25(6)) Sec Obscenity prohibited. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

9 Nudity means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. Obscene performance means a performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct. Obscenities means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. Performance means any play, motion picture film, dance or other exhibition pictured, animated or live performed before an audience. Sadomasochistic abuse means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Sexual conduct means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. (b) Prohibited conduct. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly: (1) Exhibit an obscene performance; (2) Directly or indirectly sell an admission ticket or other means to gain entrance to an obscene performance; or (3) Directly or indirectly permit admission of a person to premises on which there is exhibited an obscene performance. (c) Prosecution. Any prosecution under this section shall include the following elements: (1) That the average person, applying contemporary community standards, would find the performance, taken as a whole, appeals to the prurient interest of the audience; (2) That the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of "obscene performance"; and (3) That the performance, taken as a whole, lacks serious literary, artistic, political or scientific value. (Code 1984, 5.25(8)) State Law reference Indecent exposure, Minn. Stat ; obscenity, Minn. Stat Secs Reserved. DIVISION 2. - LICENSE [5]

10 Footnotes: --- (5) --- Cross reference Business licenses, et seq. Sec Required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license from the city. It is also unlawful for any person to promote or sponsor a large assembly for any purpose and to which the public is invited without first having obtained a license from the city. For the purpose of this division, the term "large assembly" means a gathering or projected gathering of more than 300 persons at one time and at a single location. This shall apply in addition to any ordinance requirement. (Code 1984, 5.25) Sec Requirements. Unless waived or modified by the council for good cause, all applicants for a license under this division shall demonstrate an ability to meet or provide the requirements listed in this section. Every license shall be conditioned on maintenance of the following: (1) If fully or partially out-of-doors, a fence shall completely enclose the location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the grounds, which fence shall have a sufficient number of gates to allow safe passage to and from the gathering. (2) Potable water, meeting all federal and state requirements for sanitary quality, sufficient to provide drinking water for the maximum number of persons to be assembled, at the rate of at least one gallon per person per day. (3) Enclosed toilets, separate for men and women, meeting all state and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled in accordance with the state board of health regulations and standards, which shall be kept clean, operable, and free of refuse. (4) A sanitary method of disposing of solid waste in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and collecting all such waste at least once each day of the assembly's continuance, and sufficient trash containers and personnel to perform such tasks, and a plan to return the area to its original condition. (5) Illumination sufficient to light the entire area of the assembly if it is to continue during the hours of darkness. (6) Security and traffic controls meeting the requirements of local authorities and the state department of public safety and regularly employed security officers, sufficient to provide adequate security for the maximum number of people to be assembled. Such officers shall be licensed by the state. (7) An administrative control center with telephones where local authorities can contact the licensee and law enforcement personnel inside the area of the assembly.

11 (8) A policy or certificate of insurance on which the city, its agents and employees, are additional insureds, providing public liability insurance providing umbrella or all perils coverage in the amount of $1,000, (9) Physicians and nurses licensed to practice in the state sufficient to provide the average medical care enjoyed by state residents for the maximum number of people to be assembled at the rate of at least one physician and nurse for every 5,000 people, together with an enclosed covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least two emergency ambulances with attendants for each 5,000 people. (10) A parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons. (11) Telephones connected to outside lines sufficient to provide service to the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 1,000 persons. (12) Fire protection to be provided by the sponsor, including fire alarms, extinguishing devices and fire lanes. Such fire protection shall be sufficient to meet all applicable state laws and local regulations which are in effect. Sufficient emergency personnel to efficiently operate the required equipment shall be provided by the sponsor. (13) Copies of all proposed advertising. (14) All reasonably necessary precautions to ensure compliance with noise restrictions as regulated in this Code. (15) Written permission from the owner of the premises. (Code 1984, 5.25(2); Ord. No nd series, 1, ) Sec Investigation fee. In addition to the license fee the council may fix an investigation fee commensurate with the cost of investigation. (Code 1984, 5.25(5))