1985-10BILL 1985-1Q
AMENDMENT-TO CHAPTER IV,
OF TfiE ORDIN~VCE CODE OF
THE CITY OF RICfiFIELIl
City of Richfield Does Ordain:
Chapter IV of the Ordinance Code of the City. of Richfield enti-
tled: "Regulation "o f. Streets, Public Ways, Grounds and Places"
is hereby amended by adding thereto the following new section:
4.I8 COMMIINITY CELEBRATIONS
Subdivision 1. Definitions. The following terms shall
have•the meanings ascribed to them in this section:
(]. )• "Canmunity Celebration" means Independence Day and
any' other event designated by resolution of the
City Council as 'a community celebration.
i2) "Celebration Site" means any public areas
designated by resolution of the Council or~ in a
license granted under this Section as areas in
' which.. the celebration will be conducted. The tern
may include public parks, parking areas and
streets adjacent thereto.. In events in which a
parade or march is to be conducted as part of tre
celebration, the term shall also include the
parade or march route... •
(3) "C~lebratioa Activities" means all of the events
and programs designated by resolution of the
Council or in a- license granted under this section
to be conducted by the City or licensee on the.
celebration site.. The tern includes the sale or
ether furnishing of concessions.
(4) "Concessions" means all food, beverages or
souveriers furnished for monetary consideration as
part of the the celebratiar. activities.
(S) "Nonprofit Corporation" means a domestic corpo-
ration organized and existing pursuant to
Minnesota Statutes Chapter 317 (Mirresvta Nonprof-
it Corporation Act). `
(6) "Family and Individual Activity" means an activity
involving a group of individuals cr a family which
has 25 or fewer participants,
{7) "Group Sponsored Activity" means an activity
sponsored by any group or entity .which has more
than Z.5 participants . The tern also includes any
family or ~dividual activi ty having more tr~an 25
participants.
Subd. 2. Findings. The City makes the following .
findings as the basis for the regulations conta~ed in
t{sis section:
(I} The City awns certain lands which. are available
for various purposes including recreation,
athletic; cultural
d
i
i
an
c
v
c.activitins, contests,
celebrations and events.
(2) The celebration. of c_rta=~: events such as _ decen-
dence Day foss a vital and valid part o; t~:e
City's program of public recreation and it is
desirable aad appropriate to designate City leads
aad other public areas to be used in connection
with such casamunity celebrations.
(3) In recogni_iag the approariate~ess of using public
lands and areas for ccmmunity celebrations
it is
,
necessary also,- to recognize the need =or planning
,aad orderly conduct of those events so as to
maximize the public recreat.~.onal benefit to be
derived Lrom such celebrations.
(4 } It is eL-wally ~portan t ? n play:aing for such
eve
t
h
n
s t
at limitations be placed 1nporz the use of
the celebration site se as not to adversely impact
an the orderly conduct of tie coa~aunity
celebration. .Such 1i:nitations must :~clude
restrictica of the sat= of concessions by
individuals who are not involved _~: fia.ancing tie
casts o~ conducting r'Ze cow=,~;ity cal ebration.
Subd. 3. Qse o* Celebration Sites. The use o a
Celebration Site curl g a Communnity C~iebrat~ oa ~.ai? 1 be
based upon the yollowng priori ryes;
(i) Community Celebration conducted by the City.
(2) Community Calebrai..+cn conducted by 3 VOApro~it
COrporatiOn purSUaat to a 11CenSe.
(3) gaily a.*~d individua? activi'-ies . -
{4) Group saorsored activities,
Subd. 4. Group Saonsored activities. Group Saonsored
Activities may not be conducted witizin a Community
Celebration Site during' the Community Celebration
without prior written approval by the City .Manager.
The request for approval shall be in w~ icing and
contain the following information together with. any
other information required by the City Manager:
{1) The date and place of the activity.
(2) The times the activity will begin and end.
(3) The- areas within the Celebration Site. which will
be used _.
(4) The activities planned.
(5) The maximum number of persons expected to attend.
The manager will approve the Group Sponsored Activity
only if he finds:.
{ 1) That the activity will r_ot • iziterfere with the
orderly conduct of the Community Celebration.
{2) That the maximum. number of persons expected to
attend the activity when added to the number of
persons. expected to attend the Community Ce1e-
bration and other Group Sponsored Activities
previously approved would not. overcrowd the Ce1e-
bration Site. --
The manager in approving a Group Sponsored Activity may
place limits upon the number of participants, the areas
of the Celebration Site involved and the time for
beginning or ending tze activity.
Subd. 5. Community. Celebration - License, zt is a
violation_or chis section for any individual or entity,
other than the City, to conduct a. Community Celebration
or' any of the Celebration Activities without having
first obtained a license to do so. The City nay
license Nonprofit Corporations to conduct Community
Celebration Activities.
(1) Ap•olication for License, any Nonprofit Cerpv-
ration. wishing to conduct Celebration Activities
in connection with a designated Ccmmunity
Celebration shall make application to t:~e City
Manager. The application shall captain the
followi..~g information togetrer with any additional
information required by the City Manager:
(a) Name of corporation.
(b) Copy of Articles and Bylaws.
(c) Detailed ~ ~ctivi'-y Plan (D~.~} describing
completely time,~location and nature of all
proposed activities.
{d) I~ ~e BA-~ includes 'the sale o corcessi ohs,
a statement of the. uses to which t e proceeds
will be pnt..
(2) Review oL Aaolicatioa. The City :laaager s~lall
review tie application and may refer it to env
department far review and cor„rzent. Following
review, the City l~iarager shall ma.~e a =_ -±
recanazeadaticn to the City CoLnc_I. - poi and
(3} Council ~ctioa. The City Cou:lcil shall, consider
the appl.ica,tion, the reccmaeadation o~= the City
Manager and may consider nay other inrormation i
deems aparopr_ate, Following its review, the
Council may eit.:~.er grant or deny tre 'license . In
granting the license, the Cou.*~cil may modify tue
Dom' and place suca terms and conditions upon the
Zicense as it eete~ines advisable ,
{4) License Fee, The license ~ee shah be SS,OQ4
which must be paid prior to the =ssuance oz t;:e
license. The Council may,` in its discretion wa_7z
all or pa=-t of the fee.
{5) P.=condition of~Issuance. ~o licar_se which has
been granted shah, be issued uat=1 Lhe licensee
executes as agreement conta_ning t~ e followil;g
provisions:
l . I.nde.~ifyi.:rg and :ZOlding ha ~? ess tale C' `y.
its offlCn~a, 3tje.^its .~.nL~ eLIDIOyc~~s 'C'I.~' ~a.,Zy
elaim for per,cr_al inju.r-~~, pr~eery damage cr
death, CCCas_oned sly or arising OL't Of tie
Conduct OL the I1CenseC aCtlv~tleS.
Z • Agr ee:ng ~.o re.TTtO V e a? ? r?r~I=sli cl,.nQ ? .~~L t== =LIII
the C_lebra t_on S i ue and to res for=_ `.e a. =_as
to their ;rior ccadit~on and acaea_anc$ of
later than 24 hours follcwing the concl;s'_on
o= tae licensed activities. --
3. releasing and discaarg~ng t:Ze City, its
officers, agents and emaloyees Lroa any clai_~
or cause of action occasioned by or arising
out of env acticn taken by te_e City to close
all or part o~ ~ze Celebratior. Site and
terminate all yr part o_ e Celebration
e'~Ctlvlt_eS l,n Order tC JrOteCt Or reStpre
Order Or end 4r prevent : r eaC::eS o f t;'2E? peace
or public order.
1
Subd. 6. Effect bf Issuance of License. The issuance
of the license sha1.1 confer upon the licensee the
exclusive right to conduct the activities cvntair~ed in
the DAP as approved by the Council within the Cele-
bration Site for. the period of the Community
Celebration.. Except as provided in Subdivision. 7 of
this Section,. it sha11. be a violation of this Section
for any other individual o; entity to conduct any
activity contained. in the approved DAP within the
Celebration Site during the Celebration.
Subd.. 7. Licensee Mav Desicnate Others. Nothing
captained herein shall. be deemed to prevent the licens-
ee, is the. exercise of its sole discretion, to desig-
Hate other individuals or entities to perform. or assist
in -the performance of any licensed. activity, pravi.ded,
however, that such designation will not be construed as
a transfer' of all or part. of the license nor shall. it
relieve the licensee of any of its obligations under
this Section..
1
Subd. 8.. Other Ordinance Provisions Acaiicable. The
activities licensed under this Section shall be subject
to all other provisions of. the Code relating to the
conduct of such activities..
Passed by the City Council of the City of Richfield, Minnesota
this 13 th day of _ Mao 1985.
ATTEST:
` Thomas P. Ferber City Clerk
Minnesota Suburban Newspapers, Inc.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Donald K. Mortenson
being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current
are stated below.
and has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed B i 11 1 9 8 5-
which is attached was cut from the columns of said newspaper; and was printed and published once each
week, for one successive weeks; it was first published on Wednesday ,the 2 2 day
of MaZ' , 198 5 ,and was thereafter printed and published on every
to
and including ,the day of , 19-; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice:
abedefghijklmnopgrstuv/w~z , /~ `~
~; ;~~~
C%'~ ~ / ` ' d' '
BY:
Subscribed and sworn to before me on this
TITLE: opex'ations Manager
day of May , 19 8 ~
f
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.60 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 33.2¢ per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 24.8¢ per line/8.2¢ x-comp.
(Line, word, or inch rate)
\,
i
.o ~~ x 'a ~.1~<.d".Y)._.~~
Not y Pl.~blic
-
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s nom{
(Official Publlcatioa)
- BILL 19gS-10
AMENDMENT TO CHAPTER IV, OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
City of Richfield Does Ordain:
Chapter IV of the Ordinance Code of the City of Richfield entitled:
"Regulation of Streets, Public Ways, Grounds and Places" is hereby
amended by adding thereto the following new section:
4.1g COMMUNITY CELEBRATIONS
Subdivision 1. Definitions. The following terms shall have the meanings
ascribed to them in this section:
(1) "Community Celebration" means Independence Day and any other
event deaignated by resolution of the City Council as a community
celebration.
(2) "Celebration Site" means any public areas designated by resolution of
the Council or in a license granted under this Section as areas in which
the celebration will be conducted. The term may include public parks,
parking areas and streets adjacent thereto. In events in which a parade
or march is to be conducted as part of the celebration, the term shall
also include the parade or march route.
(3) "Celebration Activities" means all of [he events and programs desi~-
nated by resolution of the Council or in a license granted under this
section to be conducted by the City or licensee on the celebration site.
The term includes the sale or other furnishing of consessions.
(4) "Concessions" means all food, beverages or souvenirs furnished for
monetary consideration as part of the celebration activities.
(5) "Non profit Corporation" means a domestic corporation organized and
existing pursuant to Minnesota Statutes Chapter 317 (Minnesota
Nonprofit Corporation Act).
(6) "Family and Individual Activity" means an activity involving a group
of individuals or a family which has 25 or fewer participants.
(7) "Group Sponsored Activity" means an activity sponsored by any group
or entity which has more that 25 participants. The term also includes
any Family or individual activity having more than 25 participants.
Subd. 2. Findings. The City makes the following findings as the basis for the
regulationsrontained in this section:
(1) The City owns certain lands which are available for various purposes
including recreation, athletic; cultural and civic activities, contests,
celebrations and events.
(2) The celebration of certain events such as Independence Day forms a
vital and valid part of the City's program of public recreation and it is
desirable and appropriate to designate City lands and other public
areas to be used in connection with such community celebrations.
(3) In recognizing the appropriateness of usin~ public lands and areas for
community celebrations, it is necessary a so to recognize the need for
planning and orderly conduct of those events so as to maximize the
ppublic recreational benefit [o be derived from such celebrations.
(4) It is equally important in plannih~ For such events that limitations be
placed upon the use of the celebration site so as not to adversely impact
on the orderly conduct of the community celebration. Such limitations
must include restriction of the sate of concessions by individuals who
are not involved in Financing the costs o[ conducting the community
celebration.
Subd. 3. Uae of Celebration Sites. The use of a Celebration Site during a
Community Celebration will be based upon the following priorities:
(1) Community Celebration conducted.by the City.
(2) Community Celebration conducted by a Nonprofit Corporation
pursuant to a license.
(3) Family and individual activities.
(4) Group sponsored activities.
Subd. 4. Group Sponsored Ac[Ivitles. Group Sponsored Activities may not
be conducted within a Community Celebration Site during the Community
Celebration without prior' written approval by the City Manager. The request
for approval be in writing and contain the following information together with
any other information required by the City Manager:
(i) The date and place of the activity.
(2) The times the activity will begin and end.
(3) The areas within the Celebration Site which will be used.
(4) The activities planned.
(5) The maximum number of persons expected to attend.
The manager wilt approve the Group Sponsored Activity only if he finds:
(1) That the activity will not interfere with the orderly conduct of. the
Community Celebration.
(2) That the maximum number of persons expected to attend the activity
when added to the number of persons expected to attend the Community
Celebration and other Group Sponsored Activities previously approved
would not overcrowd the Celebration Site.
The manager in approving a Group Sponsored Activity may place limits
upon the number o[ participants, the areas of the Celebration Stte involved
and the time [or beginning or ending the activity.
Subd. 5. Community Celebration -License. It is a violation of this section
[or any individual or entity, other than the-City, to conduct a Community or
any of the Celebration Activities without having first obtained a license to do
so. The City may licnese Nonprofit Corporations to conduct Community
Celebration Activities.
(I) Application for License. Any Nonprofit Corportion wishing to conduct
Celebration Activities in connection with a designated Community
Celebration shall make application to the City Manager. The applica-
tion to the City Manager. The application shall contain the following
information together with any additional information required by the
City Manager:
(a) Name of corporation.
(b) Copy of Articles and Bylaws.
(c) Detailed Activity Plan (DAP) describing completely time,
location and nature of all proposed activities.
(d) IF the DAP includes the sale of concessions, a statement of the
uses to which the proceeds will be put.
(2i Review of Application. The City Manager shall review the application
and may refer it to any department for review and comment. Following
review, the City Manager shall make a report and recommendation to
the City Council.
(3) Council Action. The City Council shall consider the application, the
recommendation of the City Manager and may consider any other
information it deems appropriate. Following its review, the Council
may either grant or deny the license. In granting the license, the
Council may modify the DAP and place such terms and conditions upon
the license as it determines advisable.
(4) License Fee. The license fee shall be $5.000 which must be paid prior to
the issuance of the license. The Council may, in its discretion waive all
or part of the fee.
(5) Precondition of issuance. No license which has been granted shall be
issued yntil the licensee executes an agreement containing the follow-
ing provisions:
1. Indemnifying and holding harmless the City, its officers, agents
and employees from any claim for personal injury, property damage or
death, occasioned by or arising out of the conduct of the licensed
activities.
2. Agreeing to remove all rubbish and litter from the Celebration Site
and to restore the areas to their prior condition and appearance not
later than 24 hours following the conclusion of the licensed activities.
3. Releasing and discharging the City, its officers, agents and
employees from any claim or cause of action occasioned by or arising
out of any action taken by the City [o close all or part of the Celebration
Site and terminate all or part of the Celebration Activities in order to
protect or restore order or end or prevent breaches of the peace or
public order.
Subd. 6, Effect of Issuance of License. The issuance of the license shall
confer upon the licensee the exclusive -right to conduct [he activities
contained in the DAP as approved by the Council within the Celebration Site
fns the no~i~rl of fha Cnmmunity Calahrafinn_ F.xceoi as DI'O Vided in